Presidency note summarizing the hearing on European Statistics - Montesquieu Instituut

 

-

COUNCIL OFBrussels, 29 June 2012

THE EUROPEAN UNION

11053/1/12 REV 1

Interinstitutional File:

2012/0084 (COD)

STATIS 50 ECOFIN 605 CODEC 1655 -

NOTE

from:

Presidency

to: Delegations

Subject: Presidency note summarizing the hearing on European Statistics

Delegations will find attached a Presidency document summarizing the outcome on the informal

hearing on European Statistics. By mistake the comments from Spain were not included in the

document sent out 13 June. Therefore, please note that the document consist of the MS positions as

they were on 29 May.

Encl.:

ANNEX

26 June 2012 (revised)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 223/2009 on European statistics

Summary of the results of the informal hearing of Member States, deadline 29 May 2012

General comments by Member States (MS)

Member States welcome the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009 on European statistics, as the proposal contains important provisions for enhancing the credibility in European Statistics and for the strengthening of European statistics governance.

The incoperation of the independence of the NSIs and the reinforcement of the coordinating role of the NSIs is welcomed. At the same time, this task imposes a burden on the NSIs and will increase their responsibility. It is expected that great efforts should be made in order to fulfil entirely their leading role and their role in assuring the quality control. This is made more difficult by the fact that currently most NSIs are part of the governmental competence structure, meaning that one of the members of the government are exercising their the employer's rights over the heads of the NSIs.

It is questioned whether a wider coverage of sanctions regarding the manipulations of statistics applicable for all the Member States is needed, as the main objective of the current proposal is to ensure that the data produced by all statistical authorities are of the highest quality, and since (EU) Regulation No 1173/2011 provides for sanctions concerning the manipulation of deficit and debt statistics in the euro area.

Some of the recitals of the current Regulation No. 223/2009 should be slightly redrafted in the light of new Regulation, namely:

• - 

  Recital 20: reference to article 285, paragraph 2 of the treaty should be replaced by reference to article 338, paragraph 2 of the treaty.
• - 

  Recital 30: reference to Council Decision 1999/468/EC of 28 June 1999 should be replaced by reference to Regulation (EU) No 182/2011.
• - 

  Recital 31: reference to regulatory procedure with scrutiny provided for in article5a of Decision 1999/468/EC should be replaced by

reference to the exercise of delegated powers provided for in Regulation (EU) No 182/2011.

It is proposed to make amendments to two articles that are not part of the articles which is included in the proposal from the Commission.

Commission proposal Summary of Member States comments and amendments

Amendment proposal:

Proposal for a

· It is proposed to insert a section that the European Central Bank has given its opinion.

REGULATION OF THE EUROPEAN

PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 223/2009 on

European statistics Proposal for a

(Text with relevance for the EEA and Switzerland)

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, amending Regulation (EC) No 223/2009 on European statistics

(Text with relevance for the EEA and Switzerland)

Having regard to the Treaty on the Functioning of

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

the European Union, and in particular Article

Having regard to the Treaty on the Functioning of the European Union, and in particular

338(1) thereof,

Article 338(1) thereof,

Having regard to the proposal from the European

Having regard to the proposal from the European Commission,

Commission,

Having regard to the opinion of the European Central Bank,

After transmission of the draft legislative act to the

After transmission of the draft legislative act to the national Parliaments,

national Parliaments,

Acting in accordance with the ordinary legislative procedure,

Acting in accordance with the ordinary legislative

procedure,

Whereas: Whereas:

(1) The European Statistical System (the ESS), Amendment proposal:

as a partnership, has in general successfully ·

It is proposed to delete "the" in front of ESS

consolidated its activities to ensure the develop-

·

ment, production and dissemination of high-quality It is proposed to delete "high-" in front of quality.

European statistics, including by improving the The European Statistical System (the ESS), as a partnership, has in general successfully

governance of the system. consolidated its activities to ensure the development, production and dissemination of high-

quality European statistics, including by improving the governance of the system.

(2) Some weaknesses have, however, recently General comment:

been identified, in particular with regard to the ·

The current formulation focus on the negative. Why not send a positive message. This

statistical quality-management framework. could be done by mentioning "the need of improvement" instead of using the word "weakness".

(3) The Commission suggested action to address General comment:

these weaknesses in its Communication of 15 April ·

The current formulation focus on the negative. Why not send a positive message. This

2011 to the European Parliament and the Council could be done by mentioning "the need of improvement" instead of using the word "weakness".

`Towards robust quality management for European

Statistics'6. In particular, it suggested a targeted

amendment of Regulation (EC) No 223/2009 of the

European Parliament and the Council of 11 March

2009 on European statistics7.

(4) In its conclusions of 20 June 2011, the

ECOFIN Council welcomed the Commission's

initiative and stressed the importance of conti-

nuously improving the governance and efficiency

of the ESS.

(5) In addition, the impact on the statistical eed for clarification:

domain of recent developments in the context of ·

It should be clarified to whom the transparent recruitment and dismissal processes should

the economic-governance framework of the Union be related.

should be taken into account, in particular aspects Amendment proposal:

related to statistical independence such as trans-·

It is proposed to delete the last part of the recital, since it is not clearly linked to the

parent recruitment and dismissal processes, bud-method proposed here to secure independence.

getary allocations and pre-release calendars, as laid (5) In addition, the impact on the statistical domain of recent developments in the context of

down in Regulation (EU) No 1175/2011 of the the economic-governance framework of the Union should be taken into account, in particular

European Parliament and the Council of 16 aspects related to statistical independence, such as transparent recruitment and dismissal

November 2011 amending Regulation (EC) No processes, budgetary allocations and pre-release calendars, as laid down in Regulation (EU) No

1466/97 on the strengthening of the surveillance of 1175/2011 of the European Parliament and the Council of 16 November 2011 amending

budgetary positions and the surveillance and coor-Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions

dination of economic policies8, as well as those and the surveillance and coordination of economic policies8, as well as those related to the

related to the requirement for bodies in charge of requirement for bodies in charge of monitoring the implementation of national fiscal rules to

monitoring the implementation of national fiscal enjoy functional autonomy, as laid down in Regulation (EU) No .../...of the European Parlia-

rules to enjoy functional autonomy, as laid down in ment and the Council on common provisions for monitoring and assessing draft budgetary

Regulation (EU) No .../...of the European Parlia-plans and ensuring the correction of excessive deficit of the Member States in the euro area.

ment and the Council on common provisions for

monitoring and assessing draft budgetary plans and

ensuring the correction of excessive deficit of the

Member States in the euro area.

(6) Those aspects should not remain limited to Amendment proposal:

the statistics produced for the purposes of the ·

It is proposed to change the word "should" to "could" or" shall", since it is not possible

fiscal-surveillance system and the excessive-deficit to limit those aspects of independence to financial statistics.

procedure but should apply to all European statis-·

It is proposed to delete recital 6 (Alternative 2).

tics developed, produced and disseminated by the Editorial clarification:

ESS.

· It is proposed to change the wording "by the ESS" to "within the ESS".

Alternative 1:

(6) Those aspects should could/shall not remain limited to the statistics produced for the

purposes of the fiscal-surveillance system and the excessive-deficit procedure but should apply

to all European statistics developed, produced and disseminated within by the ESS.

Alternative 2:

(6) Those aspects should not remain limited to the statistics produced for the purposes of the

fiscal-surveillance system and the excessive-deficit procedure but should apply to all European

statistics developed, produced and disseminated by the ESS.

(7) Moreover, the adequacy of resources attri-eed for clarification:

buted on an annual or a multiannual basis and ·

It should be specified that this refers to national level.

available to meet statistical needs is a necessary

Amendment proposals :

condition for the professional independence of

·

statistical authorities. It is proposed to move recital 8 to the start of recital 7.

· It is proposed to insert a text on human resource policy at the end.

Moreover,The professional independence of statistical authorities should be strengthened and

minimum standards should be enforced, in particular as regards the heads of national statistical

institutes (NSIs), to whom specific guarantees should be provided in terms of the performance

of statistical tasks, organisational management and resource allocation. The adequacy of

resources attributed on an annual or a multiannual basis and available to meet statistical needs

is a necessary condition for the professional independence of statistical authorities. In this

context, the NSIs should be able to shape and implement their own human resources policy

based on professional criteria (including capacity to initiate the hiring staff ressources), within

given financial frames.

(8) To that effect, the professional independence Amendment proposals :

of statistical authorities should be strengthened and ·

It is proposed to substitute "implemented" in the text, and leave all "enforcement" matters

minimum standards should be enforced, in parti-to recital 13, on ensuring compliance with the Code of Practice.

cular as regards the heads of national statistical ·

It is proposed to insert "and their senior responsible statistician", since the characteristics

institutes (NSIs), to whom specific guarantees of independence should be distributed according to the pattern of statistical production in the member state.

should be provided in terms of the performance of

statistical tasks, organisational management and · It is proposed to move the text to recital 7 (Alternative 2).

resource allocation.

Alternative 1:

(8) To that effect, the professional independence of statistical authorities and their senior

responsible statistician should be strengthened and minimum standards should be enforced, in

particular as regards the heads of national statistical institutes (NSIs), to whom implemented.

Specific guarantees should be provided to the heads of national statistics institutes (NSIs) in

terms of the performance of statistical tasks, organisational management and resource

allocation.

Alternative 2:

(8) To that effect, the professional independence of statistical authorities should be

strengthened and minimum standards should be enforced, in particular as regards the heads of

national statistical institutes (NSIs), to whom specific guarantees should be provided in terms

of the performance of statistical tasks, organisational management and resource allocation.

(9) Furthermore, the coordinating role already Amendment proposals :

attributed to the NSIs should be clarified as regards ·

It is proposed to insert a text that takes the statistical tasks of the ESCB into account.

its scope, so as to achieve more efficient coordina-

tion of statistical activities at national level, inclu-

(9) Furthermore, the coordinating role already attributed to the NSIs should be clarified as

ding quality management.

regards its scope, so as to achieve more efficient coordination of statistical activities at national

level, including quality management, while duly taking into account the statistical tasks

performed by the Europen System of Central Banks (ESCB).

(10) In order to reduce the burden on statistical General comment:

authorities and respondents, the NSIs and other ·

The current formulation is not in accordance with the principle of subsidiarity. It should be

national authorities should be able to access and possible for the owner of administrative data to charge the extraction costs and the data itself should be free of charge.

use administrative records, including those filled

electronically, promptly and free-of-charge, as well · A definition of administrative records should be included into article 3 (Definitions).

as to integrate these records with statistics.

(11) The NSIs should furthermore be consulted at Editorial proposal:

an early stage on the design of new administrative ·

It is proposed to insert "In this respect" at the start of the recital and delete

records that could provide data for statistical pur-"furthermore".

poses and on planned changes to, or cessation of,

existing administrative sources. They should also

receive relevant metadata from the owners of ad-(11) In this respect, the NSIs should furthermore be consulted at an early stage on the design

of new administrative records that could provide data for statistical purposes and on planned changes to, or cessation of, existing administrative sources. They should also receive relevant metadata from the owners of administrative data and coordinate standardisation activities

ministrative data and coordinate standardisation

activities concerning administrative records that

are relevant for statistical data production. concerning administrative records that are relevant for statistical data production.

(12) The confidentiality of data obtained from

administrative records should be protected under

the common principles and guidelines applicable to

all confidential data used for the production of

European statistics. Quality-assessment frame-

works applicable to these data should also be esta-

blished.

(13) The quality of European statistics could be Amendment proposals:

strengthened and the confidence of users reinfor-·

Alternative 1: It is proposed to deleted the last part of the text from "...and national...",

ced, by involving national governments in the re-since the wording suggests that the implementation of the Code and the national quality framework and other activities mentioned herein are different things.

sponsibility of applying the European Statistics

Code of Practice. To this end, a `Commitment on · Alternative 2: It is proposed to add at the end of the recital that the ESS is involved in the

Confidence in Statistics' should be established in CoC monitoring procedure.

each Member State and include specific under-· It is proposed to delete the word "national" in the last sentence and add "at national

takings by its government to implement the Code level" at the end.

and national quality-assurance frameworks, inclu-· Alternative 3: Some countries propose to delete the last sentence, since they are against the

ding self-assessments and improvement actions. compulsory implementation of the CoC.

· Alternative 4: It is proposed to delete the recital, since the Commitment of Confidence in

Statistics (CoC) is concidered unnecessary.

Alternative 1:

(13) The quality of European statistics could be strengthened and the confidence of users

reinfor-ced, by involving national governments in the re-sponsibility of applying the European

Statistics Code of Practice. To this end, a `Commitment on Confidence in Statistics' should be

established in each Member State and include specific undertakings by its government to

implement the Code and national quality-assurance frameworks, including self-assessments

and improvement actions.

Alternative 2:

(13) The quality of European statistics could be strengthened and the confidence of users

reinforced, by involving national governments in the responsibility of applying the European

Statistics Code of Practice. To this end, a `Commitment on Confidence in Statistics' should be

established in each Member State and include specific undertakings by its government to

implement the Code and national qualityassurance frameworks, including self-assessments and

improvement actions, at the national level. The European Statistical System is involved in the

CoC monitoring procedure.

Alternative 3:

(13) The quality of European statistics could be strengthened and the confidence of users

reinforced, by involving national governments in the responsibility of applying the European

Statistics Code of Practice. To this end, a `Commitment on Confidence in Statistics' should be

established in each Member State and include specific undertakings by its government to

implement the Code and national quality-assurance frameworks, including self-assessments

and improvement actions.

Alternative 4:

• 13) 

  The quality of European statistics could be strengthened and the confidence of users

reinfor-ced, by involving national governments in the re-sponsibility of applying the European

Statistics Code of Practice. To this end, a `Commitment on Confidence in Statistics' should be

established in each Member State and include specific under-takings by its government to

implement the Code and national quality-assurance frameworks, inclu-ding self-assessments

and improvement actions.

(14) As the production of European statistics must eed for clarification:

be based on long-term operational and financial ·

How will the harmonization of periods be achieved? The current statistical programme is

planning in order to ensure a high degree of inde-for 2013-2017, the financial framework ends in 2013.

pendence, the European statistical programme

should cover the same period as the multiannual

financial framework.

(15) Regulation (EC) No 223/2009 confers Editorial clarification:

powers on the Commission to implement some of ·

It is proposed to change the wording "some of "to "determined" since the Regulation

the provisions of that Regulation; as a consequence 223/2009 gives the Commission right to implement the provisions of the Regulation only in three strictly specified areas.

of the entry into force of the Lisbon Treaty, the

powers conferred under this Regulation upon the

Commission need to be aligned to Articles 290 and (15) Regulation (EC) No 223/2009 confers powers on the Commission to implement

291 of the Treaty. determined some of the provisions of that Regulation; as a consequence of the entry into force

of the Lisbon Treaty, the powers conferred under this Regulation upon the Commission need to

be aligned to Articles 290 and 291 of the Treaty.

(16) The Commission should have the power to General comment:

adopt delegated acts in accordance with Article ·

It is proposed that the Commission should use implementing acts instead of delegated acts.

290 of the Treaty in order to supplement or amend

certain non-essential elements of Regulation (EC)

No 223/2009 so as to specify quality requirements,

such as target values and minimum standards for

the statistical production, when sectoral statistical

legislation does not provide for these. The Com-

mission should ensure that these delegated acts do

not impose a significant additional administrative

burden on the Member States and on the respon-

dent units.

(17) It is of particular importance that the Com-Editorial proposal:

mission carry out the appropriate consultations ·

It is proposed to insert "on delegated act".

during its preparatory work, including at expert

level. The Commission, when preparing and

(17) It is of particular importance that the Commission carries out the appropriate

drawing-up delegated acts, should ensure simulta-

consultations during its preparatory work on delegated acts, including at expert level. The

neous, timely and appropriate submission of the

Commission, when preparing and drawing-up delegated acts, should ensure simultaneous,

relevant documents to the European Parliament

timely and appropriate submission of the relevant documents to the European Parliament and

and Council. Council.

(18) There is a need for uniform conditions for

implementing access to confidential data for

scientific purposes. Implementing powers should

be conferred on the Commission with a view to

establishing the arrangements, rules and conditions

governing such access at Union level, in

accordance with the examination procedure laid

down in Article 5 of Regulation (EU) No 182/2011

of the European Parliament and the Council laying

down the rules and general principles concerning

mechanisms for control by the Member States of

the Commission's exercise of implementing

powers9.

(19) Since the objective of this Regulation cannot General comment:

be sufficiently achieved by the Member States and ·

It is pointed out, that the draft proposal entirely lacks appraising statements regarding the

can be better achieved at Union level, the Union principles of subsidiarity and proportionality. According to the "subsidiarity protocol" of the Lisbon treaty, draft European legislative acts shall be justified with regard to the principles of subsidiarity and proportionality.

may adopt measures, in accordance with the

principle of subsidiarity as set out in Article 5 of

the Treaty on European Union. In accordance with

the principle of proportionality, as set out in that

Article, this Regulation does not go beyond what is

necessary in order to achieve that objective.

(20) The European Statistical System Committee

has been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 223/2009 is amended as

follows:

(1) In Article 2(1), point (a) is replaced by the

following: (1) In Article 2(1), point (a) is replaced by the following:

`(a) `professional independence', meaning that General comment:

statistics must be developed, produced and ·

Independence still remains a concept limited to professional independence. According to

disseminated in an independent manner, recital 5, coherence to a broader concept as "statistical independence" could be provided.

particularly as regards the selection of techniques,

definitions, methodologies and sources to be used, eed for clarification:

and the timing and content of all forms of · Several countries ask for clarification on why the last sentence of the present Regulation

dissemination, free from any pressures from has been deleted?

political or interest groups or from Union or Amendment proposal:

national authorities;' · It is proposed to extent the scope of the independence so that it includes both professional

and institutional independence.

· It is proposed to add an additional text that would allow for simplification of the text of

Article 5a and other articles.

`(a) `professional and institutional independence', meaning that statistics must be developed,

produced and disseminated in an independent manner, particularly as regards the selection of

techniques, definitions, methodologies and sources to be used, and the timing and content of all

forms of dissemination, and that the preformance of these tasks is free from any pressures from

political or interest groups or from Union or national authorities, and free from seeking or

taking any statistical instructions from any government or other institution, body, office or

entity;'

(2) In Article 5, paragraph 1 is replaced by the

following: (2) In Article 5, paragraph 1 is replaced by the following:

`1. The national statistical authority designated by eed for clarification:

each Member State as the body having the ·

Clarification is requested on what is meant by "sole" contact point. And what the

responsibility for coordinating all activities at difference is from the present Regulation?

national level for the development, production and ·

Clarification is asked on responsibilities between the SI's and the other national

dissemination of European statistics (the NSI) shall authorities responsible for European statistics

act in this regard as the sole contact point for the ·

Clarification is asked by several countries on what coordinating exactly means.

Commission (Eurostat) on statistical matters.

·

The coordinating responsibility of the NSI shall Clarification is asked on what implications of the proposed amendments will have on

Regulation (EC) o 951/2009 and Regulation (EC) o 2533/98.

cover all other national authorities responsible for Amendment proposal:

the development, production and dissemination of

·

European statistics. The NSI shall, in particular, be It is proposed to delete "all" in front of "activities" and "other".

responsible at national level for coordinating · It is proposed to replace "sole" by "main".

statistical programming and reporting, quality ·

It is proposed to add "on the coordination of", since there has to be direct contacts be-

monitoring, methodology, data transmission and tween Eurostat and other statistical authorities for exchanges about statistics produced

by these authorities.

communication on ESS statistical actions.'

· It is proposed to replace "responsibility" by "role".

· It is proposed to replace "be responsible" by "coordinate".

· It is proposed to delete "for coordinating" and "and reporting".

· It is proposed to add a section that the SI's should have the necessary legal instruments

and financial resource to fulfil their coordinating responsibilities.

· It is proposed supplementing the second sub paragraph by a text, inspired by the first

paragraph of Article 5a.

· It is proposed to introduce an independent body to be in charge of securing the

professional independence of statistics: ational Statistical Governance Advisory

Board ( SGAB).

`1. The national statistical authority designated by each Member State as the body having the

responsibility for coordinating all activities at national level for the development, production

and dissemination of European statistics (the NSI) shall act in this regard as the sole main

contact point for the Commission (Eurostat) ) on the coordination of on statistical matters.

The coordinating responsibility role of the NSI shall cover all other national authorities

responsible for the development, production and dissemination of European statistics. The NSI

shall, in particular, be responsible coordinate at national level for coordinating statistical

programming and reporting, quality monitoring, methodology, data transmission and

communication on ESS statistical actions. In order to take up the coordinating responsibility,

the NSI shall be provided with the respective legal instruments and financial resources.'

NSI and other national authorities shall have the sole responsibility for deciding on processes,

statistical methods, standards and procedures, and on the content and timing of statistical

releases and publications for European statistics in their sphere of competence. They shall be

empowered to decide on all matters regarding the internal management of the NSI. When

carrying out these tasks, the NSI shall act in an independent manner; it shall neither seek nor

take instructions from any government or other institution, body, office or entity; it shall refrain

from any action incompatible with the performance of these tasks.

A National Statistical Governance Advisory Board (NSGAB) can be set up at the initiative of

each Member State on the model of the ESGAB to monitor and guarantee the professional

independence of the development, production and dissemination of European statistics.

(3) The following Article 5a is inserted: (3) The following Article 5a is inserted:

`Article 5a General comments:

Heads of NSIs ·

It is pointed out that it has to be taken into account that within SIs planning statistical

activities for national needs are also included. Therefore, a specific reference to statistical activities devoted to the development, production and dissemination of European statistics has to be foreseen.

· It is pointed out that there is a different organizational structure and national statistical law

in the countries. The head of SIs is in some countries President in other Director General. This has to be carefully considered during the final translation process into languages.

• 1. 

  Within their national statistical system, the General comments:

heads of NSIs shall have the sole responsibility for ·

It is pointed out that the government decides, under the Constitution, the overall objectives

deciding on processes, statistical methods, for public authorities, including the SI. Therefore, the current wordings regarding the sole responsibility for heads of SIs need to be modified so that it is possible to retain a decentralized system in which the Director General of each statistical authority decides on the content and timing of statistical releases and publications.

standards and procedures, and on the content and

timing of statistical releases and publications for

all European statistics. They shall be empowered ·

It is pointed out that if the head of the SI would be given the sole responsibility for all

to decide on all matters regarding the internal European statistics, it would lead to a subordination of all other authorities producing statistics (e.g. Central Bank, Finance Ministries, regional authorities) to the head of the

management of the NSI. They shall coordinate the

SI. It is assumed that this is not intended by this Regulation. The Commission is asked to

statistical activities of all national authorities that give a clarification on this.

contribute to the development, production and ·

The head of SI can't be the sole representative of the Member States within the whole

dissemination of European statistics. When ESS.

carrying out these tasks, the heads of NSIs shall · Will this Article establish a hierarchy in the ational Statistical Systems? And is this

act in an independent manner; they shall neither compatible with Article 4?

seek nor take instructions from any government or eed for clarification:

other institution, body, office or entity; they shall · It is pointed out that the choice of statistical methods and processes can be influenced by

refrain from any action incompatible with the the budget which as regards institutions other than SI - is not in the hands of the SIs and their heads. It is therefore not clear how the responsibility on processes, methods etc. can be linked to the budget possibilities.

performance of these tasks.

· It is pointed out that there appears to be an incongruence between sentence 1 and sentence

3 as the heads of the SIs are given the sole responsibility to decide on statistical processes (sentence 1) but to merely coordinate all statistical activities (sentence 3).

· It is pointed out that it should be explained what functions are contained in "internal

management matters" and if they may be limited by legal or general administrative Regulations. We suggest to move this aspect to the end of the paragraph as it refers to a

different context. Could the Commission please extend on what is meant by "internal management" matters.

· It is pointed out that in this Article it is the head of the SI assuming responsibility but in

Article 6 it is the Commission as an institution assuming responsibility.

Amendment proposals:

The amendment proposals can be divided into 4 different alternatives.

Alternative 1:

· It is prosed to delete "heads of" in front of SIs.

· It is proposed to change "sole responsibility" with "final responsibility" or "ultimate

responsibility" since the heads of SIs should take these decisions after broad consultations with all actors in the national statistical system.

· It is proposed to add "produced by the SI", since that the heads of SIs can only be the

sole responsible for statistics produced by the SI.

· It is proposed to change "They" to "The Heads of SI".

· It is proposed to add "within their given budgetary framework and respecting the role of

their supervisory bodies", since the internal management needs to be restricted to the powers delegated to the heads of SIs.

· It is proposed to change "contribute to" to "are responsible for".

· It is proposed to delete the word "all" before "national authorities".

· It is proposed to include in article 2(1)(a) the definition of professional independence

that the head of SI shall not take advise from anybody. Thus the description can be omitted in this article.

· Alternative 2: It is proposed to widen the scope of this paragraph to SIs and other

national authorities. The division of work and responsibilities between different authorities inside the ational Statistical System is a national matter and cannot be enacted at European level. The head of SI can coordinate statistical activities of other national authorities but cannot decide on matters that fall under responsibility of other organisations.

· Alternative 3: It is proposed to widen the applicability of the definition of acting with

professional independence to all the senior responsible statisticians for the producers of European statistics. The national statistical authorities for a Member Sstate are already designated to the Commission. Under this proposal the senior responsible statistician for each SA would also be designated. These statisticians would be subject to the requirements of professional independence.

· Alternative 4: It is proposed to include SGAB in the provisions.

· Alternative 5: It is proposed to delete paragraph 1. From institutional and functional

subordination point of view the Head of SI can take a decision only regarding his/her institution and not the whole national statistical system.

Alternative 1:

• 1. 

  Within their national statistical system, the heads of NSIs shall have the sole

final/ultimate responsibility for deciding on processes, statistical methods, standards and

procedures, and on the content and timing of statistical releases and publications for all

European statistics produced by the NSI. They The Heads of NSI shall be empowered, within

their given budgetary framework and respecting the role of their supervisory bodies, to decide

on all matters regarding the internal management of the NSI. They shall coordinate the

statistical activities of all national authorities that contribute to are responsible for the

development, production and dissemination of European statistics. When carrying out these

tasks, the heads of NSIs shall act with professional independence in an independent manner;

they shall neither seek nor take instructions from any government or other institution, body,

office or entity; they shall refrain from any action incompatible with the performance of these

tasks.

Alternative 2:

`Article 5a

Heads of NSIs and other national authorities

• 1. 

  Within their national statistical system, the heads of NSIs and other national authorities

shall have the sole responsibility for deciding on processes, statistical methods, standards and

procedures, and on the content and timing of statistical releases and publications for all those

European statistics for which they are responsible. TheyThe heads of NSIs shall be empowered

to decide on all matters regarding the internal management of the NSI. They shall coordinate

the statistical activities of all national authorities that contribute to the development, production

and dissemination of European statistics. When carrying out these tasks, the heads of NSIs and

other national authorities shall act in an independent manner; they shall neither seek nor take

instructions from any government or other institution, body, office or entity; they shall refrain

from any action incompatible with the performance of these tasks.

Alternative 3:

`Article 5a

Heads of NSIs and national statistical authorities

• 1. 

  Within their national statistical system, the heads of NSIs shall designate the senior

statistician in each national statistical authority who shall have the sole responsibility for

deciding on processes, statistical methods, standards and procedures, internal statistical

management, and on the content and timing of statistical releases and publications for all

European statistics. They shall be empowered to decide on all matters regarding the internal

management of the NSI. They The Head of the NSI shall coordinate the statistical activities of

all the NSI and the national authorities that contribute to the development, production and

dissemination of European statistics. When carrying out these tasks, the heads of NSIs and the

senior responsible statisticians shall act in an independent manner; they shall neither seek nor

take instructions from any government or other institution, body, office or entity; they shall

refrain from any action incompatible with the performance of these tasks.

Alternative 4:

`Article 5a

Heads of NSIs and NSGABs

• 1. 

  Within their national statistical system, the heads of NSIs shall have the sole

responsibility for deciding on processes, statistical methods, standards and procedures, and on

the content and timing of statistical releases and publications for all European statistics. They

shall be empowered to decide on all matters regarding the internal management of the NSI.

They shall coordinate the statistical activities of all national authorities that contribute to the

development, production and dissemination of European statistics, without prejudice to the

tasks performed by the European System of Central Banks (ESCB), as laid down by Regulation

n°951/2009 of the European Parliament and of the Council of 9 October 2009, as to the

pursuance of the cooperation between the ESS and the ESCB on common statistical issues,

which is provisioned for in Article 9 of the present Regulation and in the Council Decision

2006/856

1a. When carrying out these tasks, the heads of NSIs shall act in an independent manner; they

The heads of NSIs or when they exist, the heads of NSGAB shall guarantee the professional

independence of these statistics. Those in charge of guaranteeing independence shall neither

seek nor take instructions from any government or other institution, body, office or entity; they

shall refrain from any action incompatible with the performance of these tasks.

Alternative 5:

• 1. 

  Within their national statistical system, the heads of NSIs shall have the sole

responsibility for deciding on processes, statistical methods, standards and procedures, and on

the content and timing of statistical releases and publications for all European statistics. They

shall be empowered to decide on all matters regarding the internal management of the NSI.

They shall coordinate the statistical activities of all national authorities that contribute to the

development, production and dissemination of European statistics. When carrying out these

tasks, the heads of NSIs shall act in an independent manner; they shall neither seek nor take

instructions from any government or other institution, body, office or entity; they shall refrain

from any action incompatible with the performance of these tasks.

• 2. 

  The procedures for recruitment, transfer and General comment:

dismissal of heads of NSIs shall be transparent and ·

It is pointed out that it is not necessary to decree on recruitment and dismissal of the heads

based on professional criteria only. of SIs again in this act, since Regulation (EU) o 1175/2011 of the European Parliament and of the Council amending Council Regulation (EC) o 1466/97 already sets the criteria for recruitment and dismissal.

eed for clarification:

· A clarification is needed on what is meant by "transfer".

Amendment proposal:

· It is proposed to replace the word "transfer" by "appointment".

· It is proposed to add "top management" to the current proposal on transparent rules for the

appointment / dismissal of the heads of SIs.

· In line with alternative 3 (paragraph 1) it is proposed to widen the applicability.

· It is proposed to add a sentence on the involvement of SGAB in line with alternative 4

(paragraph 1).

· It is proposed to add the reasons for terminating the incumbency from the Code of Practice.

• 2. 

  The procedures for recruitment, appointment transfer and dismissal of top management

and heads of NSIs and the senior statistician in national statistical authorities shall be

transparent and based on professional criteria only. When they exist, heads of NSGABs must

be involved in these procedures. The reasons on the basis of which the incumbency can be

terminated are specified in the legal framework.

• 3. 

  The heads of NSIs shall be accountable for eed for clarification:

the statistical activities and budget execution of the ·

A clarification is requested on the contents of the annual report as well as to whom

NSI; they shall publish an annual report and may comments can be expressed by SIs on budget allocation.

express comments on budget allocation issues ·

A clarification is requested on what is expected from the possibility to " express comments

related to the statistical activities of the NSI. on budget allocation issues related to statistical activities of the SI".

Amendment proposal:

Alternative 1:

· In line with alternative 3 (paragraph 1) it is proposed to widen the applicability.

· It is proposed to specify that the activities mentioned only concern "European" activities.

Alternative 2:

· In line with alternative 4 (paragraph 1) it is proposed to add a sentence on the inclusion of

the head of SGAB.

· It is proposed to delete the text "shall be accountable for the statistical activities and

budget execution of the SI; they" since it is considered not in line with the principle of

subsidiarity.

The following two amendments are applicable to both alternatives:

· It is proposed to delete "shall publish an annual report", since it should remain in the

discretion of the respective SI.

· It is proposed to replace " SI" with "national statistical system" at the end of the

paragraph.

· Alternative 3: It is proposed to delete paragraph 3, since it, to some extent, violates the

principle of subsidiarity, proportionality and principle of conferred powers.

Alternative 1:

• 3. 

  The heads of NSIs, and senior statistician in national statistical authorities shall be

accountable for the European statistical activities and budget execution of the NSI; they

Alternative 2:

• 3. 

  The heads of NSIs or heads of NSGABs shall be accountable for the statistical activities

and budget execution of the NSI; they

shall publish an annual report and may express comments on budget allocation issues related to

the European statistical activities of the NSI national statistical system.

Alternative 3:

• 3. 

  The heads of NSIs shall be accountable for the statistical activities and budget execution

of the NSI; they shall publish an annual report and may express comments on budget allocation

issues related to the statistical activities of the NSI.

• 4. 

  The heads of NSIs shall represent their Amendment proposal:

national statistical systems within the ESS.' ·

It is proposed to add "formally" or "officially" since some activities within the ESS are

performed on the levels different from the heads of SIs (e.g. directors).

· It is proposed to replace "national statistical systems" with "Member State".

· It is proposed to add a sentence.

• 4. 

  The heads of NSIs shall officially/formally represent their national statistical systems

Member State within the ESS without prejudice of the possible delegation to national statistical

experts, when necessary.'

(4) In Article 6, paragraph 2 is replaced by the

following: (4) In Article 6, paragraph 2 is replaced by the following:

`2. At Union level, the Commission (Eurostat) eed for clarification:

shall act independently in ensuring the production ·

A clarification is requested from the Commission with regard to the progress on the

of European statistics according to established amending Commission Decision 97/281/EC on the role of Eurostat as regards the production of community statistics.

rules and statistical principles. In this respect, it

· It is pointed out that in this Article it is the Commission as an institution assuming

shall have the sole responsibility for deciding on responsibility, but in Article 5a the head of the SI is assuming responsibility.

processes, statistical methods, standards and pro-Amendment proposal:

cedures, and on the content and timing of statistical ·

It is proposed to add a wording indicating that as a partner of the ESS, the Commission

releases.' (Eurostat) should also be clearly committed to the implementation of the Code of

Practice.

· It is proposed to add a wording that the independence applying to SI's should also

apply to Eurostat.

· It is proposed to add a section that the head of Eurostat has the same role and obligation

to professional independence as the head of the SI.

· It is proposed to add two new paragraphs (2b and 2c) stating that the provisions applied

to the Heads of SIs should also be applied to the Head of Eurostat.

`2. At Union level, the Commission (Eurostat) shall act independently in ensuring the

production of European statistics according to established rules and statistical principles and in

accordance with the full implementation of the Code of Practice. In this respect, it shall have

the sole responsibility for deciding on processes, statistical methods, standards and procedures,

and on the content and timing of statistical releases. All aspects of independence applying to

NSIs apply also to Eurostat.'

The head of Eurostat shall have the sole responsibility for deciding on processes, statistical

methods, standards and procedures, internal statistical management, and on the content and

timing of statistical releases and publications for European statistics at Union level. The head of

Eurostat shall act with professional independence.

2(b) The procedure for recruitement, transfer and dismissal of the head of Eurostat shall be

transparent and based on professionnal criteria only.

2(c) The head of Eurostat shall publish an annual report and may express comments on budget

allocation issues related to the statistical activities of Eurostat.

(5) In Article 11, the following paragraph 3 is

added: (5) In Article 11, the following paragraph 3 is added:

`3. Member States shall take all necessary mea-General comment:

sures to implement the Code of Practice in order to ·

It is pointed out that the details of the policy commitments (signing and implementation of

maintain confidence in their statistics. To this ef-a "Commitment on Confidence in Statistics") ought to be modified to suit the public administration system to all Member States.

fect, each Member State, represented by its

government, shall sign and implement a · It is mentioned that Commitments on Confidence should be mentioned only in the recitals

`Commitment on Confidence in Statistics' taking into account the not-binding nature of this statements.

whereby specific policy commitments are made to eed for clarification

implement the Code and to establish a national · Clarifications are requested on the following questions:

quality assurance framework, including self-o What is the legal nature of the intended Commitment of Confidence?

assessments and improvement actions. The

o Can Member States be legally obligated to sign a Commitment of Confidence,

Commitment shall be counter-signed by the since Commitment of Confidence can be considered as a soft-law instrument?

Commission.

o What is the basis of the monitoring process that should be carried out?

These commitments shall be regularly monitored

by the Commission on the basis of annual reports o Who will draft the Commitment of Confidence as regards its content?

sent by Member States. The Commission shall o Which role is expected to be played by ESGAB?

report to the European Parliament and the Council Amendments proposals:

on the implementation of these commitments ·

It is proposed to insert "The Commission (Eurostat) and the" in front of "Member

within 3 years of the entry into force of this States".

Regulation.' ·

It is proposed to insert "European Statistics" in front of "Code of Practice".

· It is proposed to replace "their" by "European" in front of statistics

· It is proposed to insert that the Commitment of Confidence should not only be signed by

the government but also the Head of SI.

· A number of countries propose to replace "shall sign" by "may sign".

· It is proposed to delete the sentence which instructs the Member States to establish a

national quality assurance framework in line with alternative 1 of recital 13.

There are two different alternatives concerning the last sentence of the first part of the

paragraph.

· Alternative 1: It is prosed to insert `and the Head of the Commission (Eurostat').

· Alternative 2: It is proposed replace the last sentence of the first paragraph. The new

sentence will make SGAB monitor the implementation of the Code of Practice. See Article 5 for an explanation on SGAB

There are the following amendment proposals to the second part of the paragraph

· It is proposed to add "submit a" in front of "report".

· It is proposed to add a new sentence at the end. The wording should introduce the

possibility of modifying the Commitment of Confidence.

Three different alternatives on deleting text in the Article 11 paragraph 3 are suggested.

· Alternative 3: It is proposed to replace the second and third sentence of the first part by a

new wording.

· Alternative 4: It is proposed to delete the second and third sentence of the first part and

the second part of the paragraph.

· Alternative 5: It is proposed to delete the whole Article 11 paragraph 3.

`3. The Commission (Eurostat) and the Member States shall take all necessary measures to

implement the European Statistics Code of Practice in order to maintain confidence in their

European statistics. To this effect, each Member State, represented by its government and the

Head of the NSI, shall may sign and implement a `Commitment on Confidence in Statistics'

whereby specific policy commitments are made to implement the Code and to establish a

national quality assurance framework, including self-assessments and improvement actions.

Alternative 1:

The Commitment shall be counter-signed by the Commission and the Head of the Commission

(Eurostat).

Alternative 2:

The Commitment shall be counter-signed by the Commission When they exist, the heads of

NSGABs shall monitor the implementation of the Code of Practice

`These commitments shall be regularly monitored by the Commission on the basis of annual

reports sent by Member States. The Commission shall submit a report to the European

Parliament and the Council on the implementation of these commitments within 3 years of the

entry into force of this Regulation.'

In the process of implementing the commitments or arising needs, `Commitment on Confidence

in Statistics' may be modified on mutual agreement of contracting parties.

Alternative 3:

`3. Member States shall take all necessary measures to implement the Code of Practice in order

to maintain confidence in their statistics. All necessary measures referred above shall

particularly address but not be limited to establishment of a national quality assurance

framework, self-assessments and improvement actions. To this effect, each Member State,

represented by its government, shall sign and implement a `Commitment on Confidence in

Statistics' whereby specific policy commitments are made to implement the Code and to

establish a national quality assurance framework, including self-assessments and improvement

actions. The Commitment shall be counter-signed by the Commission. These commitments

These measures implemented shall be regularly monitored by the Commission on the basis of

annual reports sent by Member States. The Commission shall report to the European Parliament

and the Council on the implementation of these measures within 3 years of the entry into force

of this Regulation.'

Alternative 4:

`3. Member States shall take all necessary measures to implement the Code of Practice in

order to maintain confidence in their statistics. To this effect, each Member State, represented

by its government, shall sign and implement a `Commitment on Confidence in Statistics'

whereby specific policy commitments are made to implement the Code and to establish a

national quality assurance framework, including self-assessments and improvement actions.

The Commitment shall be counter-signed by the Commission.

These commitments shall be regularly monitored by the Commission on the basis of annual

reports sent by Member States. The Commission shall report to the European Parliament and

the Council on the implementation of these commitments within 3 years of the entry into force

of this Regulation.'

Alternative 5:

`3. Member States shall take all necessary mea-sures to implement the Code of Practice in

order to maintain confidence in their statistics. To this ef-fect, each Member State, represented

by its government, shall sign and implement a `Commitment on Confidence in Statistics'

whereby specific policy commitments are made to implement the Code and to establish a

national quality assurance framework, including self-assessments and improvement actions.

The Commitment shall be counter-signed by the Commission.

These commitments shall be regularly monitored by the Commission on the basis of annual

reports sent by Member States. The Commission shall report to the European Parliament and

the Council on the implementation of these commitments within 3 years of the entry into force

of this Regulation.'

(6) In Article 12(2), the second sub-paragraph is replaced by the following: (6) In Article 12(2), the second sub-paragraph is replaced by the following:

`Specific quality requirements, such as target Amendment proposal:

values and minimum standards for the production ·

It is proposed to delete the wording "such as target values and minimum standards",

of statistics, may be laid down in sectoral since quality refers to a broader scope of issues.

legislation. Where sectoral legislation does not so ·

It is proposed to replace "delegated" by "implementing", since specific quality

provide, the Commission may adopt, by means of requirement should be adopted by implementing acts and not delegated acts.

delegated acts in accordance with Article 26a, such ·

It is proposed to add "the examination procedure referred to in" and to replace reference

specific quality requirements.' to article 26a by 27(2). This will bring consistency with the change of "delegated" to

"implementing".

`Specific quality requirements, such as target values and minimum standards for the

production of statistics, may be laid down in sectoral legislation. Where sectoral legislation

does not so provide, the Commission may adopt, by means of delegated implementing acts in

accordance with the examination procedure referred to in Article 26a 27 (2), such specific

quality requirements.'

(7) In Article 13, paragraph 1 is replaced by the

following: (7) In Article 13, paragraph 1 is replaced by the following:

`1. The European statistical programme shall General comment:

provide the framework for the development, ·

The impact of this proposal should be analysed and its consequences in the ESP 2013-

production and dissemination of European 2017, currently under discussion.

statistics, setting out the main fields and the eed for clarification

objectives of the actions envisaged for a period ·

A clarification is requested on how the harmonization of periods will be achieved when

corresponding to that of the multiannual financial the current statistical programme is for 2013-2017 and the financial framework ends in 2013.

framework. It shall be decided upon by the

European Parliament and the Council. Its impact

and cost effectiveness shall be assessed with input

from independent experts.'

(7a) Article 17 (7a) Article 17

General comment:

· The annual work Programme should no longer be "the Commissions Programme" but

"the ESS annual Programme". Therefore, it is proposed to amend Article 17 mentioning the approval of these programmes by comitology.

Amendment proposal:

· It is proposed to replace the first paragraph in Article 17 in Regulation 223/2009, since ,

there is a need for more guarantees to the SIs considering that the multiannual programme is described in a much more global way.

`Each year, before the end of May, the Commission shall define the annual European Statistical

programme in accordance with the procedure referred to in article 27(2). That work programme

shall be based on the European statistical programme and shall indicate, in particular:'

(8) The following Article 17a is inserted: (8) The following Article 17a is inserted:

`Article 17a General comment:

Access, use and integration of administrative ·

It is suggested that it should be possible for the owner of administrative data to charge the

records extraction costs and the data itself should be free of charge. The current formulation is not in accordance with the principle of subsidiarity

`1. In order to reduce the burden on respondents,

the NSIs, other national authorities as referred to eed for clarification:

in Article 4 and the Commission (Eurostat) shall · Further clarification is needed, through discussion in Council, of the intention and effect of

have the right to access and use, promptly and free the amendments to the access to administrative data article.

of charge, all administrative records and to · Clarification is needed on what is meant by administrative records.

integrate these administrative records with Amendment proposal:

statistics, to the extent necessary for the · Some Member States have proposed to clarify that access to administrative records at the

development, production and dissemination of national and Union levels is a matter for the national statistical agencies and the Commission (Eurostat), respectively.

European statistics.

· Some Member States have proposed that "shall have the right to access" should be

replaced by "may have access".

· It is proposed to clarify that national legislation cannot be used to refuse access to

administrative data.

`1. In order to reduce the burden on respondents, the Member States and the Commission

(Eurostat), within their respective spheres of competence, shall ensure that NSIs, other national

authorities as referred to in Article 4 and the Commission (Eurostat) shall may have the right to

access to and use of, promptly and free of charge, all administrative records and to integrate

these administrative records with statistics, to the extent necessary for the development,

production and dissemination of European statistics. Administrative data owners shall not refer

to national Regulations and refuse to give access to administrative data.

• 2. 

  The NSIs and the Commission (Eurostat) Amendment proposal:

shall be consulted on and involved in the initial ·

Some Member States have proposed to clarify that access to administrative records at the

design, subsequent development and national and Union levels is a matter for the national statistical agencies and the Commission (Eurostat), respectively.

discontinuation of administrative records built up

and maintained by other bodies, thus facilitating · It is proposed to add "including any modification" as a specification to "subsequent

the further use of these records for statistical development".

purposes. They shall have the right to coordinate · It is proposed to specify that "other bodies" are "other public administration bodies".

standardisation activities concerning administrative · It is proposed to limit the scope to domains where EU statistics have already been adopted.

records relevant for statistical data production.

There are two different proposals for refrasing the last sentence:

· Alternative 1: It is proposed to refrase the last sentence, so that SIs and Eurostat "be

involved in" standardisation activities etc., not "have the right to coordinate". The reason is that Administrative records will always remain a principle responsibility of administrative authorities.

· Alternative 2: It is proposed to replace"They shall have the right to coordinate" by "This

includes the".´

• 2. 

  The NSIs and the Commission (Eurostat) within their respective spheres of competence

shall be consulted on and involved in the initial design, subsequent development (including any

modification) and discontinuation of administrative records built up and maintained by other

public administration bodies, thus facilitating the further use of these records for statistical

purposes in the domains where an EU legal text has been adopted or a Commission

Communication has been published.

Alternative 1:

They shall be involved in the have the right to coordinate standardisation activities concerning

administrative records relevant for statistical data production.

Alternative 2:

They shall have the right to coordinate This includes the standardisation activities concerning

administrative records relevant for statistical data production.

• 3. 

  Access by and involvement of the NSIs, Amendment proposal:

other national authorities and the Commission ·

It is proposed to interchange paragraphs 3 and 4 in order to refer to paragraphs 1, 2, and

(Eurostat) pursuant to paragraphs 1 and 2 shall be (new) 3 in the new paragraph 4.

limited to administrative records within their own ·

It is proposed to specify that other national authorities mean national "statistical"

respective public administrative system. authorities.

· It is proposed to specify that other national authorities are those referred to in article 4.

· Some Member States suggest that "and the Commission (Eurostat)" is deleted.

· It is proposed to clarify the meaning of administrative records covered by this article.

· It is proposed to specify that the Commission shall only have access to administrative

records in Member States after consent of the Member State.

• 43. 

  Access by and involvement of the NSIs, other national statistical authorities as referred to

in Article 4 and the Commission (Eurostat) pursuant to paragraphs 1, and 2 and 3 shall be

limited to administrative records that are maintained in connection with the performance of a

statutory duty by public authorities, institutions and bodies, within their own respective spheres

of competence public administrative system.. Access by the Commission (Eurostat) to

administrative records within the administrative systems of Member States shall be subject to

the consent of the given Member State.

• 4. 

  The NSIs shall receive relevant metadata Amendment proposal:

from the owners of administrative records used for ·

It is proposed to interchange paragraphs 3 and 4 in order to refer to paragraphs 1, 2, and

statistical purposes. (new) 3 in the new paragraph 4.

· It is proposed to clarify that the administrative data should not necessarily originally be

used for statistical purposes.

• 34. 

  The NSIs shall receive relevant metadata from the owners of administrative records used

for statistical purposes.

• 5. 

  The NSIs and owners of administrative Amendment proposal:

records shall establish the necessary cooperation ·

It is proposed to add a clarifying remark that the provision in this paragraph refers to

mechanisms.' paragraphs 2 and 4.

· It is proposed to specify that the Member States shall establish the legal framework for the

provisions in this article.

• 5. 

  The NSIs and owners of administrative records shall establish the necessary cooperation

mechanisms regarding fulfilment of paragraphs 2 and 4. Member States shall establish the legal

framework necessary for implementing the provisions above.

(9) In Article 23, the second sub-paragraph is re- placed by the following: (9) In Article 23, the second sub-paragraph is replaced by the following:

`The arrangements, rules and conditions for access

at Union level shall be established in accordance

with the examination procedure referred to in

Article 27(2).'

(10) Article 24 is deleted. (10) Article 24 is deleted.

(10a) Article 26 (10a) Article 26

Amendment proposal:

· It is proposed to add a sentence to the paragraph in Article 26 in Regulation 223/2009. This

provides for sufficient legal basis when designing sanctions in the case of confidential data disclosure.

`These measures may concern the person having violated statistical confidentiality and the

institution to which he/she belongs.'

(11) The following Article 26a is inserted: (11) The following Article 26a is inserted:

`Article 26a General comments:

Exercise of delegated powers ·

It is suggested that article 12(2) should deal with implementing acts. It is pointed out that in

• 1. 

  The power to adopt delegated acts is case this is adopted, article 26a would be superfluous.

conferred on the Commission subject to the

conditions laid down in this Article.

• 2. 

  The delegation of power referred to in Article Editorial clarification:

12(2) shall be conferred on the Commission for a ·

It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.

period of 5 years from the entry into force of this

Regulation. The Commission shall draw up a re-

• 2. 

  The delegation of power referred to in Article 12(2) second sub-paragraph shall be

port in respect of the delegation of power not later conferred on the Commission for a period of 5 years from the entry into force of this

than nine months before the end of the five-year

Regulation. The Commission shall draw up a report in respect of the delegation of power not

period. The delegation of power shall be tacitly

later than nine months before the end of the five-year period. The delegation of power shall be

extended for periods of an identical duration,

tacitly extended for periods of an identical duration, unless the European Parliament or the

unless the European Parliament or the Council

Council opposes such extension not later than three months before the end of each period.

opposes such extension not later than three months

before the end of each period.

• 3. 

  The delegation of power referred to in Article Editorial clarification:

12(2) may be revoked at any time by the European ·

It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.

Parliament or by the Council.

A revocation decision shall put an end to the

• 3. 

  The delegation of power referred to in Article 12(2) second sub-paragraph may be revoked

delegation of the power specified in that decision.

at any time by the European Parliament or by the Council.

It shall take effect the day following the

A revocation decision shall put an end to the delegation of the power specified in that decision.

publication of the decision in the Official Journal

It shall take effect the day following the publication of the decision in the Official Journal of

of the European Union or at a later date specified

the European Union or at a later date specified therein. It shall not affect the validity of any

therein. It shall not affect the validity of any

delegated acts already in force.

delegated acts already in force.

• 4. 

  As soon as it adopts a delegated act, the

Commission shall notify it simultaneously to the

European Parliament and to the Council.

• 5. 

  A delegated act adopted pursuant to Article Editorial clarification:

12(2) shall enter into force only if no objection has ·

It is suggested to clarify that the relevant point in article 12(2) is second sub-paragraph.

been expressed either by the European Parliament

or the Council within a period of 2 months of

• 5. 

  A delegated act adopted pursuant to Article 12(2) second sub-paragraph shall enter into

notification of that act to the European Parliament

force only if no objection has been expressed either by the European Parliament or the Council

and the Council or if, before the expiry of that within a period of 2 months of notification of that act to the European Parliament and the

period, the European Parliament and the Council Council or if, before the expiry of that period, the European Parliament and the Council have

have both informed the Commission that they will both informed the Commission that they will not object. That period shall be extended by two

not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.'

months at the initiative of the European Parliament

or the Council.'

(12) Article 27 is replaced by the following: (12) Article 27 is replaced by the following:

`Article 27 General comment:

Committee ·

It is pointed out that the possible new organisational structure and reinforced governance

• 1. 

  The Commission shall be assisted by the of the ESSC (under discussion) should be taken into account.

European Statistical System Committee. That

committee shall be a committee within the meaning

of Regulation (EU) No182/2011.

• 2. 

  Where reference is made to this paragraph,

Article 5 of Regulation (EU) No 182/2011 of the

European Parliament and the Council laying down

the rules and general principles concerning mecha-

nisms for control by the Member States of the

Commission's exercise of implementing powers

shall apply.'.

Amendment proposal:

· It is proposed to add a new paragraph aiming at reinforcing the comitology procedure by

introducing the option of "non-adoption" in cases where the Committee delivers no opinion, because of the scope of comitology envisaged in this proposal for Regulation, namely as regards the access to confidential data for scientific purposes.

• 3. 

  Where the committee delivers no opinion, the Commission shall not adopt the draft

implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011

shall apply.'. -

Article 2 Article 2

Entry into force

This Regulation shall enter into force on the

twentieth day following that of its publication in

the Official Journal of the European Union .

This Regulation shall be binding in its entirety and

directly applicable in all Member States.

Done at Brussels, 17.4.2012

For the European Parliament For the Council

The President

The President -

END END

_____________________