Explanatory Memorandum to COM(2012)167 - Amendment of Regulation (EC) No 223/2009 on European statistics - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)167 - Amendment of Regulation (EC) No 223/2009 on European statistics. |
|---|---|
| source | COM(2012)167  |
| date | 17-04-2012 |
Reliable statistics are becoming increasingly necessary if policymakers, businesses and citizens are to take adequate evidence-based decisions. Therefore, the main concern for all statistical authorities is to ensure that the data produced is of high quality. A European Statistics Code of Practice[1] was agreed in 2005 and the basic legal framework governing the development, production and dissemination of European statistics by the European Statistical System (ESS) was modernised in 2009 through the adoption of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics[2].
Recent economic developments have again demonstrated the need to further strengthen the credibility of statistics. Economic-policy instruments and results have been affected — more than ever before — by the mood of global financial markets and the strategies pursued by those involved in them. Statistics have become as credible as the public, notably the financial markets, believes they are. Reliability of statistical data in terms of technical quality-assessment criteria is a pre-requisite in order to ensure the trust of users. But equally important is the credibility of the institutions producing statistics. In this context, the professional independence of statistical authorities must receive particular attention and be guaranteed by law.
The Commission recognised these facts and in its Communication ‘Towards robust quality management for European Statistics’[3] it indicated the need to strengthen the governance of the European Statistical System (ESS) by securing unconditional application of the principle of professional independence of National Statistical Institutes (NSIs), by clarifying their coordinating role in the national statistical systems and by enhancing the use of administrative data for statistical purposes. Furthermore, it was proposed that ‘Commitments on Confidence in Statistics’ (CoC) be established in order to make national governments aware of their role in, and co-responsibility for, ensuring the credibility of official statistics by respecting the independence of NSIs. According to the Communication, all these measures should be introduced by an amendment of Regulation (EC) No 223/2009. Moreover, the European Statistics Code of Practice should be revised accordingly i.
The diagnosis included in the above Communication and the improvement actions proposed were supported by the ECOFIN Council (3100th meeting on 20 June 2011). The key relevance of the principle of professional independence of NSIs was also explicitly recognised by the European Parliament and the Council in the legislative ‘six-pack’ on enhanced economic governance which entered into force in December 2011. It specified that the professional independence of national statistical authorities requires, inter alia, transparent recruitment and dismissal processes based solely on professional criteria[5]. Moreover, on 13 March 2012 the European Parliament adopted a resolution calling on the Commission to rapidly implement measures to improve quality-management and governance in European statistics.
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The proposal largely builds on the final conclusions and recommendations of the ESS ‘Task Force on the revision of Regulation (EC) No 223/2009 and on Commitments on Confidence in Statistics’, which met several times between June and October 2011. This Task Force comprised representatives of 14 countries and discussed four main issues set out in the Communication ‘Towards robust quality management for European Statistics’ with respect to strengthening the governance of the European Statistical System: independence of NSIs, their coordinating role in national statistical systems, the use and management of administrative data and ‘Commitments on Confidence in Statistics’.
Furthermore, consultation on the draft proposal has been conducted with the ESS Committee, whose overall mission is to provide the ESS with professional guidance on developing, producing and disseminating European statistics in line with statistical principles.
The proposal calls for a revision of the current basic legal framework for European statistics, adapting it to meet the policy needs and challenges created for European statistics by recent developments in the global economy. The main goal is to further strengthen governance in the European Statistical System in order to safeguard its high credibility and to respond adequately to data needs resulting from the enhanced economic-policy coordination in the European Union.
In particular, the professional independence of national statistical authorities is of key relevance in this context. The current proposal refers explicitly to the Heads of NSIs as persons whose independence in performing their duties is a pre-condition for establishing the independence of the respective institutions. To that end, it is indispensable that Heads of NSIs have the freedom to decide on processes, statistical methods, standards and procedures, and on the content and timing of statistical releases and publications for all European statistics. They must be also forbidden from seeking, and protected from receiving, instructions from national governments and other institutions. Moreover, Heads of NSIs should be granted considerable autonomy in deciding on the internal management of the statistical office and allowed to publicly comment on the budget allocated to the NSI in the context of statistical tasks to be performed. Furthermore, there must exist transparent and legally-binding rules for the appointment, transfer and dismissal of Heads of NSI, based solely on professional criteria.
However, Heads of NSIs should not only enjoy broad autonomy, they should also be accountable for the results the NSIs provide both in terms of statistical output and budget execution. Accordingly, they should present an annual report on the statistical activities and the financial situation of the respective authority.
As stipulated by the Commission in its Communication ‘Towards robust quality management for European Statistics’, the proposal for an amendment of Regulation (EC) No 223/2009 also includes the establishment of ‘Commitments on Confidence in Statistics’. These declarations of respect of the European Statistics Code of Practice, and notably of the principle of independence of NSIs, aim at strengthening statistical governance in the EU and safeguarding the credibility of European statistics. According to the proposal, they should be signed by the governments of all Member States and counter-signed by the Commission, both at the highest applicable level. Each CoC is intended to be drafted individually by the Member State concerned and to contain country-specific improvement actions. The actual implementation of these actions would be monitored by Eurostat as part of the already established regular assessment of Member States’ compliance with the European Statistics Code of Practice.
The coordinating role of NSIs in the national statistical systems is clarified by the proposal to amend Article 5(1) of Regulation (EC) No 223/2009. Explicit references to institutions and functions to be coordinated have been added.
Another amendment clarifying the role of the NSIs is the new Article 17a on the access to, use and integration of administrative records, which replaces the current Article 24. Its primary aim is to establish a legal framework for more extensive use of administrative data sources for the production of European statistics without increasing the burden on respondents, NSIs and other national authorities. According to the proposal, NSIs should be involved, to the extent necessary, in decisions on the design, development and discontinuation of administrative records which could be used in the production of statistical data. They should also coordinate relevant standardisation activities and receive metadata on administrative data extracted for statistical purposes. Free and timely access to administrative records should be granted to NSIs, other national authorities and Eurostat, but only within their own respective public administrative system and to the extent necessary for the development, production and dissemination of European statistics.
The amendment to Article 6 of Regulation (EC) No 223/2009 incorporates the need to adequately secure the independent position of Eurostat at Union level in the same way as is proposed for NSIs at national level. It is crucial for the credibility of the entire European Statistical System and was strongly emphasised by a vast majority of the Member States in the preceding stakeholder consultation.
Moreover, in order to simplify budget planning for statistical activities and to make it more stable, the programming period of the European statistical programme was brought into line with the Union’s multi-annual financial framework.
Finally, the proposed amendment of Regulation (EC) No 223/2009 takes account of the necessary adjustments to the Lisbon Treaty as regards granting the Commission delegated and implementing powers.
The proposal is expected to have no resource impact within the ESS. On the contrary, it is meant to simplify and improve coordination and collaboration within the system, thus ultimately leading to more efficient production of European statistics and to a reduced burden on respondents.
The human resources required within the Commission will be met by staff from the Directorate General who are already assigned to management of the legal act concerned and/or have been redeployed within the Directorate General.
None.