Explanatory Memorandum to COM(2011)903 - European statistics on demography

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dossier COM(2011)903 - European statistics on demography.
source COM(2011)903 EN
date 20-12-2011
1. CONTEXT OF THE PROPOSAL

5.

- Aims and objectives of the proposal


The aim of this proposal is to develop a Regulation on statistics on demography, which would regulate the harmonisation and provision of data on population and on vital events linked to the population.

6.

- General context


Due to increasing and complex demographic challenges, a clear need for common legislation at European level on the subject of demographic statistics has emerged. The European Commission needs high quality information on the population and vital events linked to the population in the Union. In almost every policy area in which the EU is active, be it economic, social or environmental, there is a requirement for high quality demographic statistics to help formulate operational objectives and to evaluate progress, for instance in order to make valid comparisons between Member States. The data might be used either directly or to build indicators of various types (demographic indicators and per capita indicators).

The democratic process within the Union demands annual population estimates of the highest possible quality. Every year, total population data concerning the Member States, which are collected and published by Eurostat, are used during the decision-making process of the Union (qualified majority voting in the Council). Currently one criterion is that, if a Member State so requests, a qualified majority shall represent Member States comprising at least 62 % of the population of the EU calculated according to the population figures. The importance of population weights will be even greater when, under the terms of Article 16 i of the Treaty on European Union, as from 1 November 2014 a qualified majority shall be defined as at least 55 % of the members of the Council, comprising at least fifteen of them and representing Member States comprising at least 65 % of the population of the EU ('double majority').

The long-term assessment of the sustainability of the public finance of the Member States is conducted, among others, on the basis of Eurostat population projections; these, in turn, require timely, accurate, reliable and consistent time series on population, births and deaths, together with sound assumptions concerning the future development of fertility, life expectancy and migration flows.

The monitoring of the EU sustainable development strategy, launched by the European Council in Gothenburg in 2001 and renewed in 2006, is assessed via the Eurostat monitoring report which uses time series on old-age dependency ratios, fertility rates and life expectancy in the EU.

The monitoring of the progress made in the EU towards achieving economic, social and territorial cohesion is assessed by means of a report based, among others, on Eurostat regional demographic data.

7.

- Existing provisions on the issue targeted by the proposal


There are no existing provisions on the issue targeted by the proposal.

8.

- Consistency with other EU policies and objectives


EU legislation requires Eurostat to provide population data of the highest possible quality. Moreover, many policy areas in which the EU is active require information on vital events linked to the population in order to help formulate operational objectives and evaluate progress. The data must be timely, accurate, complete, coherent and comparable at EU level, and are often requested at a level of regional detail, variable breakdown and quality that can only be guaranteed by European legislation on demographic statistics.

The proposed Regulation on European statistics on demography enshrines the principles of the European Statistics Code of Practice relating to quality commitment, sound methodology, cost-effectiveness, relevance, accuracy and reliability, coherence and comparability.

Decision No 1578/2007/EC of the European Parliament and of the Council of 11 December 2007 on the Community Statistical Programme 2008 to 2012 i states that the key objective for demographic statistics will be to provide the comprehensive set of data and analyses necessary to assess the implications of demographic change in Europe.

Data covered under this proposal have already been collected for a number of years on a voluntary basis. This may involve a diversity of demographic definitions, concepts and methods adopted in the Member States and a high risk of heterogeneity, incomparability, inconsistency and lack of timeliness of the data concerned. Additionally, following the adoption of Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers i and of Regulation (EC) No 763/2008 of 9 July 2008 on population and housing censuses i, the current proposal is intended to complete the harmonisation in the field of human population data.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



9.

- Internal exchanges/discussions between Commission services


The main Commission services concerned during the development process were DG SG, DG EMPL, DG REGIO, DG SANCO, DG ECFIN and DG AGRI. Their opinions were officially requested through written consultation during the preparatory phase (ex-ante evaluation) of the proposal. There has been frequent and regular communication throughout the development process, including both bilateral discussions and regular attendance in the Demography Working Group. All of the services consulted expressed a favourable opinion on the project, underlining their needs as well as the legal and political basis for these needs.

10.

- Consultation of interested parties


Member States have been aware for some time already that Eurostat is planning a legislative initiative in the area of demographic data. Preparatory work of various kinds for a draft framework Regulation on annual demographic statistics has been going on in the Commission's Annual Statistical work Programmes since 2007.

Since March 2008, Eurostat has actively provided information to the Member States at the meetings of the Demography Working Group. In November 2009, the Demography Working Group acknowledged the need for European legislation on the collection of demographic data. On that occasion, an ex-ante evaluation of the proposal was presented and discussed together with the first draft version of the Regulation. Comments on the first draft were received from Member States and incorporated in the revised draft that was sent at the end of 2010 for further comments. This second round of comments was incorporated in the second version of the Regulation that was discussed in the Demography Working Group in April 2011. The European Directors of Social Statistics were kept regularly informed of the state of progress.

The proposal was also presented to the European Statistical System Committee on 17 November 2011.

In addition to regular meetings, information was circulated via a dedicated CIRCA website.

11.

- Collection and use of expertise


The international recommendations of the United Nations on Population and Housing Censuses and on Vital Statistics are the reference source for the proposed definitions.

12.

- Analysis of effects and implications


The proposed framework for European Union statistics on demography ensures that the data are timely, more coherent, comparable, consistent and thus more relevant for users at both European and national levels, in particular with the aim of counting each resident/birth/death only once in the statistics.

2.

LEGAL ELEMENTS OF THE PROPOSAL



13.

- Summary of the proposed action


The objective of this Regulation is to establish a common framework for the systematic production of European Union statistics on demography , through the collection, compilation, processing and transmission by the Member States of harmonised European statistics on population and vital events.

14.

- Legal basis


Article 338 of the Treaty on the Functioning of the European Union provides the legal basis for European statistics. Acting in accordance with the ordinary legislative procedure, the European Parliament and the Council shall adopt measures for the production of statistics where necessary for the performance of the activities of the Union. It sets out the requirements relating to the production of European statistics, stating that they must conform to standards of impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality. It must not entail excessive burdens on economic operators.

15.

- Subsidiarity principle


The subsidiarity principle applies insofar as the proposal does not fall within the exclusive competence of the European Union.

The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason.

Two central quality concerns with any statistical data are coherence and comparability. Given that data on population and vital events are used to help to comply with EU legislation, to evaluate EU policies and/or to compare the results of national policies at a European level, it is clearly essential that the underlying data must be comparable at a European level. The Member States cannot achieve this result to the necessary extent without a clear EU framework, i.e. EU legislation laying down common statistical concepts and quality requirements. To this end, a Regulation on demography is proposed for adoption. Without such statistics, collected and compiled using a common EU framework, the relevance and effectiveness of the national systems of demographic statistics would be diminished.

Action by Member States alone would adversely affect the Member States’ interests for the following reason:

The lack of a common EU framework using common concepts and definitions would jeopardise or completely exclude the possibility of using demographic statistics of high quality. Past experience clearly shows that an informal understanding without an agreed, clear and supervised framework does not result in statistical output of the quality needed in the future.

16.

Action at European level will better achieve the objectives of the proposal for the following reasons:


The objectives of the proposal can be better achieved at European level on the basis of an EU legal act because only the Commission can coordinate the harmonisation of statistical information at EU level. However, the collection of data and compilation of comparable statistics on demography can be organised by the Member States by using the most appropriate sources and methods to provide the required information. The EU may therefore take action to this end in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty.

The aim of the proposal is to harmonise concepts, subjects covered and characteristics of the required information, coverage, quality criteria and reporting deadlines and results, to achieve relevant, timely, comparable and coherent European statistics.

The Member States will compile the data using their own national sources and practices, but are obliged to ensure the quality of the data and metadata transmitted, and to ensure that the chosen data sources and methodology meet common definitions. The Member States have to report on the data sources, definitions and estimation methods used to fulfil the obligations and must provide information on any changes thereto. They shall provide Eurostat with all the information necessary to evaluate the quality of the statistical information.

The proposal therefore complies with the subsidiarity principle.

17.

- Proportionality principle


18.

The proposal complies with the proportionality principle for the following reason:


The Regulation is limited to the minimum required to achieve its objective and does not go beyond what is necessary for that purpose. The free choice of data sources in accordance with national laws and principles, together with the possibility of using estimation techniques and statistical methods, should reduce the financial and administrative burden on respondents, national, regional or local authorities and on citizens.

19.

- Choice of instruments


Proposed instrument: Regulation of the European Parliament and of the Council.

20.

Other means would not be adequate for the following reason:


The selection of the appropriate instrument depends on the legislative goal. Given the information needs at European level, the trend in European statistics has been to use regulations rather than directives as the basic acts. A regulation is preferable because it lays down the same law throughout the EU, leaving the Member States with no leeway to apply it incompletely or selectively. It is directly applicable, which means that it does not need to be transposed into national law. Directives, on the other hand, aim to harmonise national laws, are binding on Member States as regards their objectives, but leave it up to the national authorities to choose the form used to achieve these objectives. They also have to be transposed into national law. The use of a regulation is in line with other European statistical legal acts adopted since 1997.

3.

BUDGETARY IMPLICATION



The proposal has no implication for the Union budget.

4.

5. ADDITIONAL INFORMATION


21.

- Repeal of existing legislation


The adoption of the proposal will not lead to the repeal of existing legislation.

22.

- European Economic Area


The proposed act concerns an EEA matter and should therefore be extended to the European Economic Area.