Legal provisions of COM(2025)100 - Non-financial commercial real estate statistics

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dossier COM(2025)100 - Non-financial commercial real estate statistics.
document COM(2025)100 EN
date March 11, 2025

Contents

Article 1 - Subject matter

This Regulation establishes a common framework for the development, production and dissemination of non-financial statistics on commercial real estate.

Article 2 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘non-financial statistics’ means statistical data that refer to non-financial assets according to the classification of Annex A, Chapter 7, point 7.20 to Regulation (EU) 549/2013( 17 ).

(2) ‘commercial real estate’ means any immovable residential property acquired or owned by a legal person, or any immovable non-residential property acquired or owned by a natural or a legal person, and represents:

(a)income-producing property, either existing or under construction, including rental housing;

(b)non-residential property used by the owners for conducting their business, purpose or activity, either existing or under construction;

(c)social housing.

(3) ‘legal person’ shall be understood in the meaning of the classification of the Annex, Section II, Point A to Council Regulation (EEC) No 696/93 ( 18 ),

(4) ‘immovable property’ means a building together with the land on which it is situated;

(5) ‘residential property’ means an immovable property intended and used for housing purposes;

(6) ‘non-residential property’ means an immovable property intended and used for purposes other than housing;

(7) ‘income-producing property’ means any immovable property which generates income through rent or profit from its sale;

(8) ‘income-producing property under construction’ means any immovable property under construction, intended to provide, upon completion, an income to its owner, in the form of rent, or profit from its sale, excluding buildings being demolished or sites being cleared for possible development in the future;

(9) ‘rental housing’ means any residential property which is acquired or owned by a legal person with the primary purpose of letting;

(10) ‘social housing’ means any residential property which is acquired, owned or managed by a legal person with the primary purpose of letting to tenants, notably to disadvantaged persons or socially less advantaged groups at below-market rents, in accordance with specific rules rather than market mechanisms.

 Article 3
Data sources and methods

For the production of the statistics required under this Regulation, Member States shall endeavour to use administrative data to the maximum extent possible in order to reduce the response burden.

When administrative data do not allow the production of statistics that meet the quality requirements laid down in Article 6 of this Regulation, Member States may use in addition any other relevant data sources, including surveys and data from private data holders, as well as scientifically based, well-documented and publicly available methods or innovative approaches, while avoiding excessive burden on respondents.

Article 4 - Access to data

1. The information needed to produce non-financial statistics on commercial real estate shall be obtained from statistical units as set out in Council Regulation (EEC) No 696/93, from holders of administrative records, from private data holders or from other sources, provided that the results comply with the quality criteria laid down in Article 6 of this Regulation.

2. The statistical units that provide information on commercial real estate shall cooperate in the collection or provision of information, as required. The statistical units shall provide timely, accurate and complete information needed for the production of the statistics provided for in this Regulation. The statistical units shall provide this information to the national statistical authorities responsible for compiling non-financial statistics on commercial real estate.

3. Upon the request of the national statistical authorities responsible for compiling non-financial commercial real estate statistics, the statistical units shall provide, where available, electronic records of transactions at the level of detail necessary to produce non-financial commercial real estate statistics.

4. The NSIs and other national statistical authorities shall be allowed to access, use and integrate, free of charge, data and the relevant metadata from administrative data sources, databases, interoperability systems or any data relevant and necessary, in a timely manner and with sufficient frequency and granularity for the purpose of developing, producing and disseminating European statistics on non-financial commercial real estate, in accordance with Article 17a of Regulation (EC) No 223/2009. Access to such data and metadata by the national statistical authorities responsible for compiling non-financial commercial real estate statistics shall be limited to administrative records within their own respective public administrative systems.

5. An NSI or the Commission (Eurostat) may request a private data holder to make data and the relevant metadata available free of charge, where the data requested are strictly necessary for the development, production and dissemination of European statistics on commercial real estate and cannot be obtained by other means or their reuse will result in a considerable reduction in the response burden on data holders and other businesses, in accordance with Article 17b of Regulation (EC) No 223/2009.

Article 5 - Data requirements

1. Non-financial commercial real estate statistics shall cover the variables set out in the Annex.

2. Member States shall compile and transmit to the Commission (Eurostat) data relevant to each variable referred to in paragraph 1.

3. The Commission is empowered to adopt delegated acts in accordance with Article 9 in order to amend the list of variables set out in the Annex.

4. The Commission may, by means of implementing acts, specify the following elements of the data to be transmitted, and their technical definitions and simplifications:

(a)measurement unit;

(b)statistical population;

(c)classifications and breakdowns;

(d)index compilation;

(e)use of approximations and quality requirements;

(f)reference period;

(g)data transmission deadline;

(h)first reference period.

5. With regard to simplifications, when exercising the power to adopt implementing acts pursuant to paragraph 4, the Commission shall take into account the size of the commercial real estate markets, in accordance with the principle of proportionality.

6. The implementing acts referred to in paragraph 4 shall be adopted in accordance with the examination procedure referred to in Article 10.

Article 6 - Quality requirements and quality reporting

1. Member States shall take all necessary measures to ensure the quality of the non-financial commercial real estate statistics and the associated metadata transmitted.

2. For the purposes of this Regulation, the quality criteria set out in Article 12(1) of Regulation (EC) No 223/2009 shall apply.

3. The Commission (Eurostat) shall assess the quality of the data and metadata transmitted by the Member States.

4. The Member States shall transmit the following information to the Commission (Eurostat):

(a)annual reference metadata and quality reports;

(b)annually updated inventories containing details of data sources, definitions and methods used.

5. The Commission may adopt implementing acts specifying the practical arrangements for the transmission of the data, for the content of, and deadlines for the transmission of the reference metadata and quality reports, as well as for the transmission of the inventories referred to in paragraph 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10. 

6. The Member States shall inform the Commission (Eurostat) of any information or change with regard to the implementation of this Regulation, that would influence the quality of the data transmitted.

7. Following a duly reasoned request from the Commission (Eurostat), Member States shall provide any additional information that is necessary to evaluate the quality of the data and metadata.

Article 7 - Pilot studies

1. Where the Commission (Eurostat) identifies a need for significant new data requirements or improvements to the data covered by this Regulation, it may launch pilot studies to be carried out by the Member States, on a voluntary basis, before any new data collection.

2. Pilot studies referred to in paragraph 1 shall be carried out in order to assess the relevance and feasibility of meeting the new data requirements or improvements. The Commission shall, where appropriate and taking into account the findings of the pilot studies, make proposals for introducing new data requirements.

3. Member States, together with the Commission (Eurostat), shall ensure the representativeness of those studies at Union level.

Article 8 - Financing

1. For the implementation of this Regulation, a financial contribution may be provided from the general budget of the Union to the NSIs and other national authorities referred to in the list provided for in Article 5(2) of Regulation (EC) No 223/2009, to cover the costs of the following activities:

(a)the development of the non-financial commercial real estate statistics required by this Regulation;

(b)the development of methodologies that aim to increase the quality of non-financial commercial real estate statistics;

(c)the development of methodologies that aim to reduce the administrative and financial burden of providing the required information by reporting units, in particular small and medium-sized enterprises;

(d)participation in the pilot studies referred to in Article 7;

(e)the development or enhancement of processes, software and similar support functions that aim to produce better quality statistics or to reduce the administrative and financial burden.

2. The amount of the Union financial contribution referred to in paragraph 1 shall be established in accordance with the rules of the relevant funding programme, subject to the availability of funding, in particular in accordance with Article 4 of Regulation (EU) 2021/690 of the European Parliament and of the Council ( 19 ). 

Article 9 - Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt the delegated acts referred to in Article 5(2) shall be conferred on the Commission for a period of five years from the entry into force of this regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

3. The delegation of power referred to in Article 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months from the notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months, at the initiative of the European Parliament or of the Council.

Article 10 - Committee procedure

1. The Commission shall be assisted by the European Statistical System Committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 ( 20 ).

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 11 - Derogations

1. Where the application of this Regulation or that of the implementing measures adopted pursuant thereto require major adaptations in a national statistical system of a Member State, the Commission may grant, by means of implementing acts, derogations to that Member State, for a maximum duration of three years.

2. The relevant Member State shall submit to the Commission a duly reasoned request for a derogation pursuant to paragraph 1, within three months of the date of the entry into force of the act in respect of which the derogation is requested.

3. The impact of derogations referred to in paragraph 1 on the comparability of Member States' data or on the calculation of the required timely and representative European aggregates shall be kept to a minimum. The Commission shall take the burden on respondents into account when granting derogations.

4. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 10.

Article 12 - Amendments to Regulation (EU) 2019/2152

Regulation (EU) 2019/2152 is amended as follows:

(a)Article 6(2) is amended as follows: 

(i) point (l) is replaced by the following: ‘(l) R&D inputs’;

(ii) point (m) is deleted;

(b)in Annex I, in Table ‘Domain 1. Short-term business statistics’, the last row is deleted;

(c)in Annex II, in Table ‘Domain 1. Short-term business statistics’, the last row is deleted.

Article 13

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. It shall apply from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.