Legal provisions of COM(2006)850 - Energy statistics

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dossier COM(2006)850 - Energy statistics.
document COM(2006)850 EN
date October 22, 2008


Article 1

Subject matter and scope

1. This Regulation establishes a common framework for the production, transmission, evaluation and dissemination of comparable energy statistics in the Community.

2. This Regulation shall apply to statistical data concerning energy products and their aggregates in the Community.

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)‘Community statistics’ mean Community statistics as defined in the first indent of Article 2 of Regulation (EC) No 322/97;

(b)‘production of statistics’ means production of statistics as defined in the second indent of Article 2 of Regulation (EC) No 322/97;

(c)‘Commission (Eurostat)’ means the Community authority as defined in the fourth indent of Article 2 of Regulation (EC) No 322/97;

(d)‘energy products’ mean combustible fuels, heat, renewable energy, electricity, or any other form of energy;

(e)‘aggregates’ mean data aggregated at national level on the treatment or use of energy products, namely production, trade, stocks, transformation, consumption, and structural characteristics of the energy system such as installed capacities for electricity generation or production capacities for oil products;

(f)‘quality of data’ means the following aspects of statistical quality: relevance, accuracy, timeliness and punctuality, accessibility and clarity, comparability, coherence and completeness.

Article 3

Data sources

1. While applying the principles of maintaining a reduced burden on respondents and of administrative simplification, Member States shall compile data concerning energy products and their aggregates in the Community from the following sources:

(a)specific statistical surveys addressed to the primary and transformed energy producers and traders, distributors and transporters, importers and exporters of energy products;

(b)other statistical surveys addressed to final energy users in the sectors of manufacturing industry, transport, and other sectors, including households;

(c)other statistical estimation procedures or other sources, including administrative sources, such as regulators of the electricity and gas markets.

2. Member States shall lay down the detailed rules concerning the reporting of the data needed for the national statistics as specified in Article 4 by undertakings and other sources.

3. The list of data sources may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 4

Aggregates, energy products and the transmission frequency of national statistics

1. The national statistics to be reported shall be as set out in the Annexes. They shall be transmitted with the following frequencies:

(a)annual, for the energy statistics in Annex B;

(b)monthly, for the energy statistics in Annex C;

(c)short-term monthly, for the energy statistics in Annex D.

2. Applicable clarifications or definitions of the technical terms used are provided in the individual Annexes and also in Annex A (Clarifications of terminology).

3. The data to be forwarded and the applicable clarifications or definitions may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 5

Transmission and dissemination

1. Member States shall transmit to the Commission (Eurostat) the national statistics referred to in Article 4.

2. The arrangements for their transmission, including the applicable time limits, derogations and exemptions therefrom, shall be as set out in the Annexes.

3. The arrangements for the transmission of the national statistics may be modified in accordance with the regulatory procedure with scrutiny referred in Article 11(2).

4. At the duly justified request of a Member State, additional exemptions or derogations may be granted by the Commission in accordance with the regulatory procedure referred to in Article 11(3), for those parts of the national statistics for which the collection would lead to an excessive burden on respondents.

5. The Commission (Eurostat) shall disseminate yearly energy statistics by 31 January of the second year following the reported period.

Article 6

Quality assessment and reports

1. Member States shall ensure the quality of the data transmitted.

2. Every reasonable effort shall be undertaken to ensure coherence between energy data declared in accordance with Annex B and data declared in accordance with Commission Decision 2005/166/EC of 10 February 2005 laying down the rules for implementing Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (12).

3. For the purposes of this Regulation, the following quality assessment dimensions shall apply to the data to be transmitted:

(a)‘relevance’ shall refer to the degree to which statistics meet current and potential needs of the users;

(b)‘accuracy’ shall refer to the closeness of estimates to the unknown true values;

(c)‘timeliness’ shall refer to the delay between the availability of the information and the event or phenomenon it describes;

(d)‘punctuality’ shall refer to the delay between the date of the release of the data and the target date when it should have been delivered;

(e)‘accessibility’ and ‘clarity’ shall refer to the conditions and modalities by which users can obtain, use and interpret data;

(f)‘comparability’ shall refer to the measurement of the impact of differences in applied statistical concepts and measurement tools and procedures where statistics are compared between geographical areas, sectoral domains or over time;

(g)‘coherence’ shall refer to the adequacy of the data to be reliably combined in different ways and for various uses.

4. Every five years, Member States shall provide the Commission (Eurostat) with a report on the quality of the data transmitted as well as on any methodological changes that have been made.

5. Within six months of receipt of a request from the Commission (Eurostat), and in order to allow it to assess the quality of the data transmitted, Member States shall send to the Commission (Eurostat) a report containing any relevant information concerning the implementation of this Regulation.

Article 7

Time reference and frequency

Member States shall compile all data specified in this Regulation from the beginning of the calendar year following the adoption of this Regulation, and shall transmit them from then onwards with the frequencies laid down in Article 4(1).

Article 8

Annual nuclear statistics

The Commission (Eurostat) shall, in cooperation with the nuclear energy sector in the EU, define a set of annual nuclear statistics which shall be reported and disseminated from 2009 onwards, that year being the first reported period, without prejudice to confidentiality, where it is necessary, and avoiding any duplication of data collection, while at the same time keeping production costs low and the reporting burden reasonable.

The set of annual nuclear statistics shall be established and may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 9

Renewable energy statistics and final energy consumption statistics

1. With a view to improving the quality of renewable energy and final energy consumption statistics, the Commission (Eurostat), in collaboration with the Member States, shall make sure that these statistics are comparable, transparent, detailed and flexible by:

(a)reviewing the methodology used to generate renewable energy statistics in order to make available additional, pertinent, detailed statistics on each renewable energy source, annually and in a cost-effective manner. The Commission (Eurostat) shall present and disseminate the statistics generated from 2010 (reference year) onwards;

(b)reviewing and determining the methodology used at national and Community level to generate final energy consumption statistics (sources, variables, quality, costs) based on the current situation, existing studies and feasibility pilot studies, as well as cost-benefit analyses yet to be conducted, and evaluating the findings of the pilot studies and cost-benefit analyses with a view to establishing breakdown keys for final energies by sector and main energy uses and gradually integrating the resulting elements into the statistics from 2012 (reference year) onwards.

2. The set of renewable energy statistics may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

3. The set of final energy consumption statistics shall be established and may be modified in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).

Article 10

Implementing measures

1. The following measures necessary for implementation of this Regulation, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2):

(a)modifications to the list of data sources (Article 3(3));

(b)modifications to the national statistics and to the applicable clarifications or definitions (Article 4(3));

(c)modifications to the transmission arrangements (Article 5(3));

(d)establishment of and modifications to the annual nuclear statistics (Article 8(2));

(e)modifications to the renewable energy statistics (Article 9(2));

(f)establishment of and modifications to the final energy consumption statistics (Article 9(3)).

2. Additional exemptions or derogations (Article 5(4)) shall be granted in accordance with the regulatory procedure referred to in Article 11(3).

3. Consideration is to be given to the principle that additional costs and the reporting burden remain within reasonable limits.

Article 11

Committee

1. The Commission shall be assisted by the Statistical Programme Committee.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

Article 12

Entry into force

This Regulation shall enter into force on the 20th day following 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.