Proposal for a Regulation of the European Parliament and of the Council on european business statistics amending regulation (EC) No 184/2005 and repealing 10 legal acts in the field of business statistics (FRIBS) - Mandate for negotiation with the European Parliament - Hoofdinhoud

Council of the European Union Brussels, 7 December 2018 (OR. en)

15274/18 Interinstitutional File:

2017/0048(COD) i

STATIS 79 CODEC 2253

'I' ITEM NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. Cion doc.: ST7169/17

No. prev. doc.: WK14403/18

Subject: Proposal for a Regulation of the European Parliament and of the Council on european business statistics amending regulation (EC) No 184/2005 i and repealing 10 legal acts in the field of business statistics (FRIBS)

• - 

  Mandate for negotiation with the European Parliament

• 1. 

  On 6 March 2017, the Commission submitted to the Council and the European Parliament a Proposal for a Regulation of the European Parliament and of the Council on European business statistics amending Regulation (EC) No 184/2005 i and repealing 10 legal acts in the field of business statistics (FRIBS). 1

• 2. 

  The proposed Regulation establishes a common legal framework for:

  (a) the development, production and dissemination of European statistics related to the structure, the economic activities and the performance of businesses, as well as on the international transactions and research and development activities of the Union economy (European business statistics);

  (b) the European network of national statistical business registers and the EuroGroups Register.

1 7169/17

This Regulation, which is part of the REFIT programme, establishes a common legal framework for business statistics. In doing so, it amends Regulation (EC) 184/2005 i and repeals 10 legal acts in the field of business statistics.

• 3. 

  The European Central Bank delivered its opinion on 2 January 2018 2 .

• 4. 

  The European Parliament adopted its report at Committee on 21 March 2018 and confirmed its decision to enter into inter-institutional negotiations during the Plenary on 19 April 2018.

• 5. 

  The Working Party on statistics discussed the proposal during twelve CWPS meetings since September 2017.

• 6. 

  The outcome of the discussions was reflected in the Presidency’s last compromise text

  (WK14403/18) which was discussed during the Working Party on statistics on 5 December 2018. During this meeting, the proposal, with amendments incorporated in the proposal annexed to this note, was agreed by a vast majority of Member States.

• 7. 

  The Committee is invited to provide the Presidency with a mandate containing the Council's offer, as reflected in annex to this note, in order to start the negotiations with the European

  Parliament.

2 5467/18

ANNEX

2017/0048 (COD) i

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on European business statistics amending Regulation (EC) No 184/2005 i and repealing 10 legal acts in the field of business statistics

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

338(1) thereof,

Having regard to the proposal of the European Commission,

Having regard to the opinion of the European Central Bank,

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

Acting in accordance with the ordinary legislative procedure,

Whereas:

• (1) 

  The development, production and dissemination of statistical information on the economic activity of the Member States' businesses has so far been based on a number of individual legal acts. Those legal acts cover the short term and structural business statistics, statistics on production, international (intra-Union and extra-Union) trade in goods and services, foreign affiliates, research and development, innovation and ICT usage and e-commerce. Moreover, a common framework for business registers for statistical purposes in the Union was established by Regulation (EC) No 177/2008 i of the European Parliament and of the Council 3 .

3 Regulation (EC) No 177/2008 i of the European Parliament and of the Council of 20 February 2008

establishing a common framework for business registers for statistical purposes and repealing Council

Regulation (EEC) No 2186/93 i (OJ L 61, 5.3.2008, p. 6).

• (2) 

  This structure based on individual legal acts does not provide the necessary consistency across the individual statistical domains, nor does it promote an integrated approach towards the development, production and dissemination of business statistics. For the purpose of this Regulation, European business statistics should also cover research and development statistics in the higher education, government and private non-profit sectors. A common legal framework should be established to ensure consistency across European business statistics and facilitate the integration of the corresponding statistical processes.

• (3) 

  Better integrated statistical processes based on common methodological principles, definitions and quality criteria should lead to harmonised statistics on the structure, the economic activities, the transactions and the performance of the business sector in the Union which meet the level of relevance and detail required to fulfil the users' needs.

• (4) 

  International guidance, such as the Frascati Manual regarding R&D statistics and the Oslo

  Manual concerning Innovation data and international agreements adopted by the United Nations, OECD, the International Monetary fund and other international and supranational organisations, are of relevance for European business statistics. Such guidance should, to the extent possible, be followed in the development, production and dissemination of Union statistics and by the European network framework of statistical business registers, in order to ensure that the Union statistics are comparable with those compiled by the Union's main international partners. However, Union standards, agreements and guidelines should consistently be applied when collecting European business statistics for the topics "Research & Development inputs" and "Innovation".

• (5) 

  The administrative burden on small and medium sized enterprises should be as limited as possible taking into account to the extent possible other data sources than surveys. For the purpose of alleviating the burden on enterprises it should be possible to establish different data requirements depending on the size and importance of the business economies of Member States.

• (6) 

  The European Statistical System (ESS) Vision 2020 stated that data should be used across statistical domains for better analysing emerging phenomena (e.g. globalization) and for better serving Union policies of high impact. The data output should be based on efficient and

  robust statistical processes of the ESS. The broader scope of the common legal framework for business statistics should enable the integration of interdependent production processes drawing upon multiple sources.

• (7) 

  The Programme for the Modernization of European Enterprise and Trade Statistics (MEETS) adopted under Decision 1297/2008/EC of the European Parliament and of the Council 4 , which ran from 2009 to 2013 aimed at helping business and trade related statistics to adapt to new

  data needs and adjust the system for the production of business statistics. The conclusions and recommendations resulting from this programme regarding the priorities and new sets of indicators, the streamlining of the framework for business-related statistics, the more efficient production of enterprise and trade statistics and the modernisation of Intrastat should be translated into legally binding provisions.

• (8) 

  There is a need for a more flexible approach within the framework of European business statistics to allow adaptations to methodological developments and a timely response to emerging and duly justified data user needs resulting from the changing economic environment and the increasing globalisation and complexity of the business landscape. Such future adaptations should be supported by adequate cost-benefit analysis and resulting new data requirements should not impose a significant additional burden or cost on the Member States or on the respondents.

• (9) 

  The role of national statistical business registers and the EuroGroups register should be enhanced as basic infrastructure for the collection and compilation of European business statistics. National statistical business registers should be used as the main source of information for statistical analysis of the business population and its demography, for the definition of the survey population and for establishing the link to administrative data sources.

4 Decision No 1297/2008/EC of the European Parliament and of the Council of 16 December 2008 on a

Programme for the Modernisation of European Enterprise and Trade Statistics (MEETS), (OJ L 340,

19.12.2008, p. 76).

• (10) 

  To ensure the role of the national statistical business registers and the EuroGroups register, a single unique identifier for all relevant units should be defined and implemented.

• (11) 

  The proper delineation of enterprise groups in the EuroGroups register with timely and reliable data should be achieved by the use of harmonised criteria and regular updating of the information on links of control between the legal units being part of the enterprise groups.

• (12) 

  In order to improve the efficiency of the statistical production processes of the ESS and to reduce the statistical burden on respondents, National Statistical Authorities should have the right to access and use, promptly and free of charge, all national administrative records and to integrate these administrative records with statistics, to the extent necessary for the

  development, production and dissemination of European business statistics, in accordance with the provisions laid down in Article 17 a of Regulation (EC) No 223/2009 i of the European Parliament and of the Council 5 .

• (13) 

  Regulation (EC) No 223/2009 i provides a reference framework for European statistics. In particular, it requires compliance with the principles of professional independence,

  impartiality, objectivity, reliability, statistical confidentiality and cost effectiveness.

• (14) 

  The exchange and access to micro-data by the National Statistical Authorities producing business statistics and maintaining the European network framework of statistical business registers should be introduced, for the development, production and dissemination of national or European business statistics or for increasing the quality of European business statistics. The exchange of micro-data should therefore be limited to duly justified cases.

5 Regulation (EC) No 223/2009 i of the European Parliament and of the Council of 11 March 2009 on

European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 i on Community Statistics, and Council Decision 89/382/EEC i, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164 )

• (15) 

  The creation of an additional data source based on the exchange of micro-data on intra-Union exports of goods, together with the possibility to use innovative methodologies increases the flexibility for the Member States in their compilation of intra-Union trade in goods statistics, thereby enabling the Member States to reduce the response burden of businesses. The purpose of the exchange shall be the efficient development, production and dissemination of European international trade in goods statistics or improvement of their quality.

• (16) 

  The negotiation, implementation and review of trade and investment agreements between the Union and third countries or multilaterally requires that the necessary statistical information on Member States′ trade flows with non-member countries should be made available to the

  Commission.

• (17) 

  A close link should be maintained between the system for collecting statistical information and the fiscal formalities related to the value added tax which exist in the context of trade in goods between Member States. This link makes it possible, in particular, for the purpose of intra-Union trade in goods statistics, to identify exporters and importers and to check the

  quality of the information collected.

• (18) 

  Cross-border movements of goods, in particular from or to non-member countries, are subject to customs supervision as provided for under Regulation (EU) No 952/2013 i of the European Parliament and of the Council 6 . Customs authorities keep or have access to information or

  records pertaining to such movements. The information or records, which are related to or based on customs declarations, should be used for the production of statistics on Union trade in goods.

• (19) 

  In order to produce statistics on international trade in goods and to improve the quality of those statistics, the National Statistical Authorities in the Member States should be able to exchange data on imports and exports of goods which involve the customs authorities of more than one Member State. To ensure harmonised compilation of the statistics, the exchange of these micro data between the National Statistical Authorities should be mandatory.

6 Regulation (EU) No 952/2013 i of the European Parliament and of the Council of 9 October 2013 laying

down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)

(19a) To safeguard the quality and comparability of European Business Statistics or National Accounts in line with the concepts and methodology of Regulation (EU) No 549/2013 i the exchange of confidential data should be allowed between the National Statistical

Authorities of Member States concerned, the respective national central banks, the

European Central Bank and the Commission (Eurostat) for statistical purposes only.

• (20) 

  In order to carry out its tasks deriving from the Treaties, especially tasks related to the functioning of the internal market, the Commission should have full, up-to-date and reliable information on the production of goods and services in the Union and on international trade flows. The enterprises also need such information in order to monitor their markets and their international dimension.

• (21) 

  There is a need to provide business statistics structured by sector of activity, in order to measure the productivity of businesses in the Union. In particular, there is an increasing demand of statistics on the services sector, which is the most dynamic sector of modern economies, especially in terms of that sector's potential for growth and employment creation and taking into account the relations with the manufacturing sector. Statistics on trade in services are essential for monitoring the functioning of the internal market for services and assessing the impact of barriers on trade in services.

(21a) Regulation (EC) 223/2009 i on European statistics constitutes the reference framework for this Regulation, including as regards the protection of confidential data. However, the very detailed level of information in the field of international trade in goods statistics requires specific rules with regard to confidentiality. An importer or exporter needs to submit a request to the National Statistical Authority that statistical results allowing the indirect identification of the said importer or exporter are not disclosed. The request should be considered justified by the National Statistical Authority where the statistical results allow to identify indirectly the said importer or exporter. Otherwise, the National Statistical Authority may disseminate the statistical results in a form that may make it possible to identify indirectly the said importer or exporter.

• (22) 

  The monitoring of the progress towards the goals set by the Europe 2020 strategy at Member State and Union level requires harmonised statistics for the Union economy regarding research and development, innovation, the information society covering both market and nonmarket activities and on the business landscape as a whole, in particular on business demography and employment related to market activities. Such information allows decision makers to take informed policy decisions in order to develop an economy based on knowledge and innovation, to improve access to the single market for small and medium sized enterprises, develop entrepreneurship and improve competitiveness.

• (23) 

  The coordination of economic policies within the Union and the euro area and the provision of information to economic agents within the single market requires comparable data on labour market developments including statistics on labour costs, earnings and on the number of occupied and vacant posts. In addition, lifelong learning is a key element in developing and promoting a skilled, trained and adapted workforce, and particular attention should be given to vocational training in enterprises as a crucial contributor to lifelong learning. Such data are mainly collected from businesses and should in the future be legislated and better integrated with other business statistics. Data on the level and composition of labour costs and on the structure and distribution of earnings are needed to assess medium-term developments of Union economies. Data on labour cost developments and job vacancies are needed for the short–term monitoring of Union economies, including for monetary policy purposes. Data on enterprises' investment in continuing vocational training, the characteristics and volume of such training as well as information on enterprises' strategies for vocational training are needed to monitor the implementation of the Union's strategy for enhanced cooperation in vocational education and training.

• (24) 

  Statistics on innovation, research and development activities are needed for the development and monitoring of policies that aim to strengthen the competitiveness of Member States and increase their medium and long term potential for smart growth and employment. An

  expanding digital economy and the increased use of information and communication technologies are also among the important drivers of competitiveness and growth in the Union, and statistical data are needed to support the related strategies and policies.

• (25) 

  Business statistics are also needed for the compilation of national and regional accounts according to Regulation (EU) No 549/2013 i of the European Parliament and of the Council 7 .

• (26) 

  Statistics on international trade in services as required for the compilation of the balance of payments of the Union and of the euro area, are defined by the Commission (Eurostat) and the European Central Bank in close co-operation,

• (27) 

  Reliable and timely statistics are necessary in order to report on the economic development in each Member State within the framework of the economic policy of the Union. The European Central Bank needs rapid short term statistics in order to assess economic development in the Member States in the context of the Single Monetary Policy.

• (28) 

  While maintaining the principle of providing business statistics on the entire economy, the data requirements should take into account to the extent possible, simplifying measures for alleviating the burden on business economies of Member States which are relatively small, in accordance with the principle of proportionality.

• (29) 

  International standards, such as the Statistical Data and Metadata Exchange (SDMX) initiative, and statistical or technical standards elaborated within the ESS, such as metadata and validation standards should be used to the extent relevant also for European business statistics. The European Statistical System Committee (ESSC) has endorsed an ESS Standard for Quality Reports, in accordance with Article 12 of Regulation (EC) No 223/2009 i. These standards should contribute to the harmonisation of quality assurance and reporting under this Regulation.

7 Regulation (EU) No 549/2013 i of the European Parliament and of the Council of 21 May 2013 on the

European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).

• (30) 

  In order to take account of economic and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed topics set out in Annexes I and II as well as the coverage rate for intra-Union exports of goods. The Commission should also have the power to amend and supplement the detailed topics with subjects and characteristics for the dynamic business statistics on ICT,

  Innovation and Global value chains and exact information to be provided by tax authorities and custom authorities according to Annexes IIIb (NEW) and IIIc (NEW). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law

Making of 13 April 2016 8 . In particular, to ensure equal participation in the preparation of

delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts have systematic access to meetings of Commission expert groups dealing with the preparation of delegated acts.

• (31) 

  In order to ensure uniform conditions for the technical implementation of certain elements of requirements including for statistical business registers, the format, security and

  confidentiality measures and the procedure for the exchange of confidential data for the purpose of the European network framework of statistical business registers, the data and metadata transmission, data quality and metadata reports and derogations implementing powers should be conferred on the Commission. With the same purpose additional implementing powers should be conferred on the Commission with regards to the modalities of and the format, security and confidentiality measures and the procedure for the exchange of confidential data for the purpose of the intra-Union trade in goods statistics, the specifications of the relevant metadata, the timetable, the modalities of the collection and compilation of the statistical information on intra-Union exports of goods provided to the Member State of import, the modalities for the application of the coverage rate of the total intra-Union exports of goods with regard to the reference period, setting out the technical specifications related to the statistical data elements for the micro-data compiled respectively collected through surveys on intra-Union trade in goods to be provided to the Member State of import

8 OJ L 123, 12.5.2016, p. 1.

and the related simplifications. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and the Council 9 .

• (32) 

  Where appropriate the Commission should conduct cost-benefit analysis and ensure any action it puts forward does not impose a significant additional cost or burden on Member States or respondents taking into account the expected user benefits.

• (33) 

  The Commission may grant derogations to the application of this Regulation, or of delegated and implementing acts adopted in the context thereof, where such application results in major adaptations to a national statistical system of a Member State in terms of organising additional surveys or making major adaptations to their statistical production system to accommodate

  new data sources or to allow for a combination of different sources.

(33a) Where new data requirements are identified or improvements of data sets covered by this Regulation are needed, the Commission may launch pilot studies to be carried out by the Member States on a voluntary basis. Possible fields of first pilot studies may

cover the topics “international trade in services” or “real estate”.

• (34) 

  Since the objective of this Regulation, namely the establishment of a common framework for European business statistics cannot be sufficiently achieved by the Member States but can rather, for reasons of harmonisation and comparability, be better achieved at Union level, the Union 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 set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

• (35) 

  The measures set out in Regulation (EC) No 184/2005 i of the European Parliament and of the Council should be amended as regards the references to international trade in services.

9 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16 February 2011 laying

down the rules and general principles concerning mechanisms for control by Member States of the

Commission’s exercise of implementing powers(OJ L 55, 28.2.2011, p. 13)

• (36) 

  The measures set out in this Regulation should replace those of Council Regulation (EEC) No 3924/91 i 10 , Council Regulation (EC) No 1165/98 i 11 , Decision (EC) No 1608/2003 of the European Parliament and of the Council 12 , Regulation (EC) No 48/2004 i of the European Parliament and of the Council 13 , Regulation (EC) No 638/2004 i of the European Parliament and of the Council 14 , Regulation (EC) 808/2004 i of the European Parliament and of the Council 15 , Regulation (EC) No 716/2007 i of the European Parliament and of the Council 16 , Regulation (EC) No 177/2008 i of the European Parliament and of the Council 17 , Regulation (EC) No 295/2008 i of the European Parliament and of the Council 18 , and Regulation (EC) No 471/2009 i of the European Parliament and of the Council 19 . Those acts should therefore be repealed.

• (37) 

  The European Data Protection Supervisor has been consulted.

• (38) 

  The European Statistical System Committee has been consulted,

10 Council Regulation (EEC) No 3924/91 i of 19 December 1991 on the establishment of a Community survey

of industrial production(OJ L 374, 31.12.1991, p. 1)

11 Council Regulation (EC) No 1165/98 i of 19 May 1998 concerning short-term statistics(OJ L 162, 5.6.1998,

• p. 

  1)

12 Decision No 1608/2003/EC of the European Parliament and of the Council of 22 July 2003 concerning the

production and development of Community statistics on science and technology (OJ L 230, 16.9.2003, p. 1)

13 Regulation (EC) No 48/2004 i of the European Parliament and of the Council of 5 December 2003 on the

production of annual Community statistics on the steel industry for the reference years 2003-2009 (OJ L 7, 13.1.2004, p. 1).

14 Regulation (EC) No 638/2004 i of the European Parliament and of the Council of 31 March 2004 on

Community statistics relating to the trading of goods between Member States and repealing Council

Regulation (EEC) No 3330/91 i(OJ L 102, 7.4.2004, p. 1)

15 Regulation (EC) No 808/2004 i of the European Parliament and of the Council of 21 April 2004 concerning

Community statistics on the information society (OJ L 143, 30.4.2004, p. 49)

16 Regulation (EC) No 716/2007 i of the European Parliament and of the Council of 20 June 2007 on

Community statistics on the structure and activity of foreign affiliates (OJ L 171, 29.6.2007, p. 17)

17 Regulation (EC) No 177/2008 i of the European Parliament and of the Council of 20 February 2008

establishing a common framework for business registers for statistical purposes and repealing Council

Regulation (EEC) No 2186/93 i (OJ L 61, 5.3.2008, p. 6)

18 Regulation (EC) No 295/2008 i of the European Parliament and of the Council of 11 March 2008

concerning structural business statistics (recast) (OJ L 97, 9.4.2008, p. 13)

19 Regulation (EC) No 471/2009 i of the European Parliament and of the Council of 6 May 2009 on

Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 i (OJ L 152, 16.6.2009, p. 23)

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes a common legal framework for:

(a) the development, production and dissemination of European business statistics related to the

structure, the economic activities and the performance of businesses, as well as on the

international transactions and research and development activities of the Union economy

(European business statistics) as referred to in Article 3 (1);

(b) the European network framework of national statistical business registers and the EuroGroups Register.

Article 2

Definitions

• 1. 

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

  (a) ‘statistical unit’ means the statistical units as defined in the Annex to Council Regulation

  (EEC) No 696/93 20 ;

  (b) 'reporting unit' means the unit that supplies the data;

  (c) ‘subject area’ ‘domain’ means one or several data sets organised in order to cover specific topics;

  (d)‘topic’ and ‘detailed topic’ mean the content of the information to be compiled about the

  statistical units. Detailed topics include a higher level of details than that of the topics. A

20 Council Regulation (EEC) No 696/93 i of 15 March 1993 on the statistical units for the observation and

analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1).

topic covers a number of detailed topics; ‘topic’ means the content of the information to be compiled, each topic covering one or more detailed topics;

(da) ‘detailed topic’ means the detailed content of the information to be compiled related to a specific topic, each detailed topic covering one or more variables;

(e) ‘variable’ means a characteristic of a unit being observed that may assume more than one of a set of values;

(f) ‘characteristic’ means an abstraction of a property of an object or of a set of objects;

(g) ‘market activity’ and ‘non-market activity‘ mean activities as defined in Regulation (EU) No 549/2013 i

(h) ‘market producer’ and ‘non-market producers’ mean producers as defined in Regulation

(EU) No 549/2013;

(i) ‘National Statistical Authorities’ mean the National Statistical Institutes designated by each

the Member States and the other national authorities responsible for the development,

production and dissemination of European statistics referred to in Article 5(1) and (2) of

Regulation (EC) No 223/2009 i;

(j) 'authoritative source' means the sole provider of data records containing national statistical

business register and EuroGroups register data in accordance with quality standards referred

to in Article 16;

(k) 'micro-data’ means individual observations or measurements of characteristics of

identifiable reporting units or statistical units;

(l) ‘use for statistical purposes’ means the exclusive use for the development and production of

statistical results and analyses as defined in Article 3(8) of Regulation (EC) No 223/2009 i;

(m) ‘confidential data’ means data as defined in Article 3(7) of Regulation (EC) No 223/2009 i;

(n) 'tax authoritiesy' means the national authoritiesy in the Member State responsible for

applying Council Directive 2006/112/EC i 21 ;

(o) 'customs authorities' means the customs authorities as referred to in Article 5(1) of

Regulation (EU) No 952/2013 i.;

21 Council Directive 2006/112/EC i of 28 November 2006 on the common system of value added tax (OJ L

347, 11.12.2006, p. 1)

(oa) multinational enterprise group’ means an enterprise group which has at least two

enterprises or legal units located in different countries as defined in Article 2(d) of

Regulation (EC) No 177/2008 i;

• 2. 

  For the purposes of Articles 11 to 15, the following definitions shall apply:

  (a) 'Member State of export' means the Member State from the statistical territory of which

  goods are exported to their destination in the Member State of import;

  (b) 'Member State of import' means the Member State in the statistical territory of which goods are imported from the Member State of export;

  (c) 'goods' means all movable property, including electrical energy and natural gas.

Article 3

Scope

• 1. 

  European business statistics shall cover:

  (a) the structure, economic activities and performance of the statistical units, their research and

  development and innovation activities, their Information and Communication

  Technologies (ICT) usage and e-commerce, as well as global value chains. For the

  purpose of this Regulation European business statistics shall also cover research and

  development statistics in the higher education, government and private non-profit

  sectors;

  (b) the production of manufactured goods and services and the international trade in goods and services.

• 2. 

  The European network framework of statistical business registers shall cover the national statistical business registers and the EuroGroups Register, as well as the exchanges between them.

  (a) The national statistical business registers shall comprise:

  (i) all enterprises carrying out economic activities contributing to the gross domestic product

  (GDP), and their local units;

  (ii) the legal units of which those enterprises consist;

  (iii) for those enterprises which due to their size have a significant influence and whose Kind-of-Activity-Units (KAU) have a significant influence on the aggregated (national) data:

• - 

  the KAU and size of each KAU of which those enterprises consist

  or, alternatively,

  • - 

    the NACE code as laid down in Regulation (EC) No 1893/2006 i of the European Parliament and of the Council 22 of the secondary activities of those enterprises and size of each secondary activity KAU of which those enterprises consist restricted to those enterprises which due to their size have a significant influence on the aggregated (national) data;

  (iv) enterprise groups to which those enterprises belong.

  (b) The EuroGroups Register shall comprise the following units, defined in Council Regulation (EEC) No 696/93 i:

  (i) all enterprises carrying out economic activities contributing to the gross domestic product

  (GDP) which form part of a multinational enterprise group;

  (ii) the legal units of which those enterprises consist;

  (iii) multinational enterprise groups to which those enterprises belong.

  (c) Households shall not fall within the scope of the European network framework of statistical business registers insofar as the goods and services they produce are destined to their own consumption, or involve letting out of own property.

  (d) Local units of foreign enterprises not constituting separate legal entities (branches), and

  classified as quasi-corporations in accordance with Regulation (EU) No 549/2013 i, shall be

  deemed to be enterprises for the purposes of the national statistical business registers and

  the EuroGroups Register.

22 Regulation (EC) No 1893/2006 i of the European Parliament and of the Council establishing the statistical

classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 i as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1)

(e) Enterprise groups shall be identified through the links of control between their legal units in accordance with Regulation (EU) No 549/2013 i.

(f) When referring to national statistical business registers and the EuroGroups Register, this

Regulation shall apply only to units which, wholly or partially, exercise an economic activity and economically inactive legal units, which are part of an enterprise in combination with economically active legal units. For the purposes of the European network framework of statistical business registers any activity comprising the offer of goods and services on a given market shall be regarded as an economic activity. Holding assets and/or liabilities may also be considered to be an activity. In addition, non-market services contributing to the GDP, as well as direct and indirect holdings of active legal units shall be regarded as economic activities for the purposes of the European network framework of statistical business registers. Economically inactive legal units are part of an enterprise only in combination with economically active legal units.

(g) Statistical units within the European network framework of statistical business registers shall be defined as in the Annex to Regulation (EEC) No 696/93 i of the Council, subject to the limitations specified in this article.

CHAPTER II

DATA SOURCES

Article 4

Data sources and methods

• 1. 

  Member States shall produce the statistics referred to in Articles 6 and 7 as well as the national statistical business registers referred to in Article 9, using any relevant data sources while avoiding excessive burden on respondents and taking due account of the cost effectiveness of the National Statistical Authorities. The National Statistical Authorities may use the following data sources, including their combinations, for the production of the statistics and the national statistical business registers required under this Regulation, provided that the results comply with the quality criteria referred to in Article 16:

(a) surveys: reporting units called upon by the Member States shall be obliged to provide timely,

accurate and complete information needed for the production of the statistics and the

national statistical business registers required under this Regulation.

(b) administrative records, including information from tax and customs authorities;

(c) exchanged micro-data;

(d) other relevant sources of information which comply with the quality criteria referred to in Article 16, including combinations of existing data sources any other relevant sources, methods or innovative approaches insofar as they allow for the production of data that are comparable and compliant with the applicable specific quality requirements laid down by this Regulation. Such methods and approaches shall be scientifically based and well documented.

• 2. 

  When the required statistics cannot be produced by means of the data sources referred to in paragraph 1 which comply with the quality criteria referred to in Article 16, Member States may use scientifically based and well documented statistical estimation and imputation methods to produce those statistics.

Article 5

Access to administrative records and communication of information

• 1. 

  In accordance with the principles set out in Article 17a of Regulation (EC) No 223/2009 i, the

National Statistical Authorities and the Commission (Eurostat) shall have the right to access and use, promptly and free of charge, all administrative records and to integrate those records with other data sources to meet the statistical requirements under this Regulation and update the national statistical business registers and the EuroGroups Register. Access by the National Statistical Authorities and the Commission (Eurostat) shall be limited to administrative records within their own respective public administrative systems.

• 2. 

  Without prejudice to paragraph 1, the tax authorityies in each Member State shall provide the competent National Statistical Authorities with information for statistical purposes related to exports and imports of goods as specified in Annex IIIb (NEW).

The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to determine the exact information to be provided by the tax authorities.

The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to amend and supplement the statistical information to be provided by the tax authorities according to Annex IIIb (NEW).

• 3. 

  Without prejudice to paragraph 1, the customs authority in each Member State shall provide the competent National Statistical Authorities with information for statistical purposes related to exports and imports of goods as specified in Annex IIIc (NEW).

The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to determine the exact information to be provided by the customs authorities.

The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to amend and supplement the statistical information to be provided by the customs authorities according to Annex IIIc (NEW).

• 4. 

  In order to produce harmonised statistics on international trade in goods and to improve the quality of those statistics, the National Statistical Authorities of the Member States concerned may shall exchange micro data for statistical purposes received from their customs authorities related to the exports or imports of goods, for the estimation of quasi-transit exports or imports of their Member State since in particular where those exports or imports involve the customs authorities of more than one Member State.

For other flows that involve the customs authorities of more than one Member State, the

National Statistical Authorities shall exchange the corresponding micro data related to the exports or imports of goods to improve the quality of the statistics concerned.

• 5. 

  The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of specifying the modalities for the data exchanges according to this Article.

CHAPTER III

BUSINESS STATISTICS

Article 6

Data requirements

• 1. 

  The European business statistics shall cover the following subject areas domains:

  (a) Short term business statistics;

  (b) Country-level business statistics;

  (c) Regional business statistics;

  (d) Statistics on international activities.

• 2. 

  The subject areas domains shall include one or more of the following topics as further detailed in Annex I:

  (a) Business population;

  (b) Global value chains;

  (c) ICT-usage and e-commerce;

  (d) Innovation;

  (e) International trade in goods;

  (f) International trade in services;

  (g) Investments;

  (h) Labour inputs;

  (i) Outputs and performance;

  (j) Real estate Permits;

  (k) Prices;

  (l) Purchases;

  (m) Research & Development inputs.

• 3. 

  The periodicity, reference period and statistical unit of each topic shall be as specified in

Annex II.

• 4. 

  The Commission shall be empowered to adopt delegated acts in accordance with Article 21 for the purpose of amending the detailed topics specified in Annex I and for the purpose of specifying subjects and characteristics covered by the detailed topics of Innovation and ICT usage and ecommerce and Global value chains.

• 5. 

  When exercising its power to adopt delegated acts, the Commission shall ensure that the following three conditions are fulfilled:

(a) delegated acts aim at cost and burden neutrality or reduction and do not, in any case, impose a significant additional cost or burden on the Member States or on the respondents;

(b) not more than a maximum of one detailed topic for the subject area domain "short term

business statistics", five three detailed topics for the subject area domain "country-level

business statistics", two detailed topics for the subject area domain "regional business

statistics" and two detailed topics for the subject area domain "statistics on international

activities" listed in Annex I an existing delegated act are added or replaced by another

detailed topic over a period of five consecutive years. The maximum threshold of the

detailed topics that may be replaced shall not apply for the detailed topics on

Innovation, ICT usage and e-commerce and Global value chains.

The maximum does not apply to amendments that result from agreements, Treaties and conventions and from other international institutions in which the Union is a member, and to changes that result from the changes to accounting frameworks of national and regional accounts in accordance with Regulation (EC) No 549/2013 i and of balance of payments statistics in accordance with Regulation (EC) No 184/2005 i 23 .The number of variables characteristics for detailed topics of dynamic business statistics shall not increase significantly between two consecutive reference periods and shall not exceed the number of variables characteristics of the first year of implementation of this Regulation;

(c) delegated acts are adopted at least 15 18 months before the end of the reference period of the

data except for the topics of "Innovation" and "ICT usage and e-commerce" for which the

delegated acts shall be adopted at least six and twelve fifteen months respectively before the

end of the reference period of the data.

(Ca) any new detailed topic is duly assessed in respect of its feasibility by means of pilot studies carried out by the Member States in accordance with Article 19.

23 Regulation (EC) No 184/2005 i of the European Parliament and of the Council of 12 January 2005 on

Community statistics concerning balance of payments, international trade in services and foreign direct investment (OJ L 35, 8.2.2005, p. 23).

Article 7

Technical specifications of data requirements

• 1. 

  For the detailed topics listed in Annex I, Member States shall compile data relevant to each detailed topic. The Commission shall be empowered to adopt implementing acts for the purpose of further specifying the following elements of the data to be transmitted under this Regulation, their technical definitions and simplifications:

(a) variables (except for the detailed topics of Innovation and ICT usage and e-commerce and Global value chains);

(b) statistical unit;

(c) measurement unit;

(d) reference period;

(e) statistical population (including the requirements in terms of market/non- market activities or producers);

(f) classifications (including the product, countries and territories as well as nature of transaction lists) and breakdowns;

(g) transmission of individual records of data on a voluntary basis;

(h) use of approximations and quality requirements;

(i) data transmission deadline;

(j) first reference period;

(k) weighting and change of base year for the subject area domain "short term business statistics";

(l) technical specifications for the topic "international trade in goods" further specifications,

including the reference period, related to the topic ”international trade in goods”.

• 2. 

  When exercising the powers referred to in paragraph 1 with regard to the simplifications, the

Commission shall take into account the size and importance of the business economies, in accordance with the principle of proportionality, in order to alleviate the burden on enterprises. In addition, the Commission shall ensure that the input needed for compiling the accounting frameworks of national and regional accounts according to Regulation (EC) No 549/2013 i and of balance of payments statistics according to Regulation (EC) No 184/2005 i is maintained. Implementing acts, except for those that regulate the first implementation of this Regulation, shall be adopted at least 15 18 months before the end of the reference period of the data for the topics listed in Annex I. For the topics "Innovation" and "ICT usage and e-commerce" the implementing acts shall be adopted at least six and twelve fifteen months, respectively, before the end of the reference period of the data.

2a. When adopting implementing acts in accordance with point (a) of paragraph 1, except for the topics listed in points (b) to (d) of Article 6 (2) of this Regulation, the Commission shall ensure that the overall number of variables in each domain listed in Article 6 (1) of this Regulation does not exceed:

• 22 variables for the domain “Short term business statistics”;

• 93 variables for the domain “Country-level business statistics”;

• 31 variables for the domain “Regional business statistics”; and

• 26 variables for the domain “Statistics on international activities”.

2b. For the topics listed in points (b) to (d) of Article 6 (2) of this Regulation, the Commission shall ensure that the overall numbers of variables do not exceed:

• 30 variables for the topic “Global value chains”;

• 73 variables for the topic “ICT-usage and e-commerce”; and

• 57 variables for the topic “Innovation”.

2c. Whenever new data are required in order to respond to user needs and to provide for a certain degree of flexibility, the Commission may change not more than 5 variables for each of the domains “Short term business statistics”, “Regional business statistics” and “Statistics on international activities” and not more than 20 variables for the domain “Country-level business statistics” in any period of five consecutive calendar years, in accordance with the implementing acts referred to in paragraph 2a. These maxima shall not apply for the topics “Global value chains”, “Innovation” and “ICT usage and e-commerce”.

2d. Any other changes concerning elements listed in 7(1)(b)-(l) shall not impose significant increase of costs for Member States or burden for respondents.

2e. The provisions of paragraph 2d shall not apply for changes resulting from modifications in classifications and nomenclatures as well as changes to accounting frameworks of national and regional accounts in accordance with Regulation (EU) No 549/2013 i and of balance of payments statistics in accordance with Regulation (EC) No 184/2005 i.

• 3. 

  The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 22(2).

CHAPTER IV

BUSINESS REGISTERS

Article 8

The European network framework of statistical business registers

• 1. 

  The Commission (Eurostat) shall set up the EuroGroups Register of multinational enterprise groups for statistical purposes at Union level.

• 2. 

  Member States shall set up at national level one or more harmonized national statistical business registers, of which a common core is harmonised according to this Regulation, as a basis for the preparation and coordination of surveys, as a source of information for the statistical analysis of the business population and its demography, for the use of administrative data, and for the identification and construction of statistical units.

• 3. 

  The Member States and the Commission (Eurostat) shall exchange data for the purposes of the

European network framework of statistical business registers as set out in Article 10.

• 4. 

  National statistical business registers and the EuroGroups Register shall be the authoritative source for deriving high quality, consistent and harmonised coordinated statistical business register populations according to Article 16 of this Regulation, for the production of European statistics.

National statistical business registers shall be the authoritative source for national statistical business register populations. The EuroGroups Register shall be the authoritative source for the European Statistical System as a register population for business statistics requiring the coordination of cross-border information related to multinational enterprise groups.

Article 9

Requirements for the European network framework of statistical business registers

• 1. 

  The statistical and legal units covered in the European network framework of statistical business registers in accordance with Article 8 shall be characterised by the following elements as further specified in Annex III:

(a) the register detailed topics and unique identifier;

(b) the time reference and periodicity.

• 2. 

  The Commission shall be empowered to adopt delegated acts in accordance with Article 21 to amend the register detailed topics included in Annex III to relevant technical and economic developments and new user needs.

• 3. 

  In exercising its power to modify Annex III, the Commission shall ensure that the following two conditions are fulfilled:

(a)delegated act does not impose a significant additional cost or burden on the Member States or on the respondent;

(b) not more than a maximum of one detailed topic is added or replaced by delegated act over a period of five consecutive years.

• 4. 

  The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of further specifying the descriptive details for each of variables related to the register detailed topics listed in Annex III.

4a. When adopting implementing acts referred to in paragraph 4 the Commission shall ensure that no significant additional cost or burden on the Member States or on the respondents is imposed.

Article 10

Exchange of and access to confidential data for the purpose of the European network framework of statistical business registers

• 1. 

  Confidential data shall be exchanged between Member States as follows:

(a) The exchange of confidential data of multinational enterprise groups and of the units belonging to those groups, comprising the variables as listed in Annex IIIa (NEW) in accordance with Article 9(4), shall take place, exclusively for statistical purposes, between the staff contributing to the production of the EuroGroups Register in the National Statistical Authorities of different Member States, where the exchange is to ensure the quality of the multinational enterprise groups information in the Union. Such exchanges may also take place with the purpose of reducing response burden.

(b) Where the exchange is to ensure the quality of the multinational enterprise groups

information in the Union and the exchange is explicitly authorised by the competent

National Statistical Authority which provides the data, national central banks may be

parties to the exchange of confidential data, exclusively for statistical purposes.

• 2. 

  Confidential data shall be exchanged between the Commission (Eurostat) and Member States as follows:

(a) National Statistical Authorities shall transmit data of multinational enterprise groups and of

the units belonging to those groups, comprising the variables as listed in Annex IIIa

(NEW) in accordance with Article 9(4), to the Commission (Eurostat), to provide

information, exclusively for statistical purposes, on multinational enterprise groups in the

Union.

(b) In order to ensure a consistent record of data, and to use them exclusively for statistical purposes, the Commission (Eurostat), shall transmit to the appropriate competent National Statistical Authorities of each Member State, data on multinational enterprise groups,

including the units belonging to those groups, comprising the variables as listed in Annex IIIa (NEW), when at least one legal unit of the group is located in the territory of that Member State.

(c) In order to ensure efficiency and high quality in the production of the EuroGroups Register, exclusively for statistical purposes, the Commission (Eurostat), shall transmit to the staff

contributing to the production of the EuroGroups Register in the National Statistical Authorities, data on all multinational enterprise groups recorded in the EuroGroups Register, including the units belonging to those groups, comprising the variables as listed in Annex IIIa (NEW).

• 3. 

  Confidential data shall be exchanged between the Commission (Eurostat) and Member States for identification of legal units as follows:

(a) National Statistical Authorities shall transmit data on incorporated legal units, limited to the identification and demographic variables and the stratification parameters, as listed in Annex IIIa (NEW) in accordance with Article 9(4), to the Commission (Eurostat),

exclusively for the purpose of unique identification of legal units in the Union.

(b) In order to ensure efficiency and high quality in the production of the EuroGroups Register,

the Commission (Eurostat), shall transmit to the National Statistical Authorities of each

Member State, data on legal units, limited to the identification and demographic

variables and the stratification parameters, as listed in Annex IIIa (NEW) in

accordance with Article 9(4), exclusively for the purpose of identification of legal units in

the Union.

• 4. 

  Confidential data may be exchanged between the Commission (Eurostat) and central banks as follows:

The exchange of confidential data may take place, exclusively for statistical purposes, between the Commission (Eurostat) and national central banks, and between the Commission (Eurostat) and the European Central Bank, where the exchange is to ensure the quality of multinational enterprise groups information in the Union, and the exchange is explicitly authorised by the appropriate competent National Statistical Authorities.

4a. The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of specifying technical details of the variables listed in Annex IIIa (NEW).

• 5. 

  In order to ensure that the data exchanged under this Article is used exclusively for statistical purposes, the Commission shall be empowered to adopt implementing acts setting out the format, security and confidentiality measures for such data, as well as the procedure for the data exchange, in accordance with the examination procedure referred to in Article 22(2).

• 6. 

  When the Commission (Eurostat), National Statistical Authorities, national central banks and the European Central Bank receive confidential data on units located inside or located outside the national territory, pursuant to this Article they shall treat that information confidentially in accordance with Regulation (EC) No 223/2009 i.

Transmission of confidential data between National Statistical Authorities and the Commission

(Eurostat) shall take place to the extent that such transmission is necessary for the production of

European statistics. Any further transmission must be explicitly authorised by the National

Statistical Authorities that collected the data.

6a. Member States and the Commission shall take appropriate measures to prevent and penalise any violations of statistical confidentiality of the exchanged data. The penalties provided for shall be effective, proportionate and dissuasive.

CHAPTER V

EXCHANGE OF CONFIDENTIAL DATA FOR THE PURPOSE OF INTRA-UNION

TRADE IN GOODS STATISTICS

Article 11

Exchange of confidential data

• 1. 

  The exchange of confidential data between Member States on intra-Union exports of goods shall take place, exclusively for statistical purposes, between the National Statistical Authorities contributing to the development, production and dissemination of intra-Union trade in goods statistics.

The technical specifications for data requirements as referred to in the Article 7(1) and (2) shall also apply to the exchange of confidential data in accordance with this Chapter.

• 2. 

  The National Statistical Authorities of the Member State of export shall provide to the National Statistical Authorities of the Member State of import the statistical information on its intra-Union exports of goods to that Member State as set out in Article 12.

• 3. 

  The National Statistical Authorities of Member States of export shall provide to the National

Statistical Authorities of the Member State of import, metadata relevant for the use of the exchanged data in the compilation of statistics.

• 4. 

  The Commission shall be empowered to adopt implementing acts for the purpose of specifying the information to be considered as relevant metadata as referred to in paragraph 3 as well as the timetable for providing this information and the statistical information referred to in paragraph 2, in accordance with the examination procedure referred to in Article 22(2).

4a. Without prejudice to paragraph 1, the Member State providing the exchanged confidential data shall authorise its use for the production of other statistics by National Statistical Authorities of the Member State of import, provided that these data are used exclusively for statistical purposes in accordance with Chapter V of Regulation (EC) No 223/2009.

• 5. 

  At the request of the National Statistical Authorities of the Member State of export, the Member State of import may provide to the National Statistical Authorities of the Member State of export, the micro-data collected on its intra-Union imports of goods, imported from that Member State of export.

Article 12

Statistical information to be exchanged

• 1. 

  The statistical information referred to in Article 11(2) shall consist of:

(a) micro-data collected through surveys for the purpose of intra-Union trade in goods statistics,

(b) data compiled on specific goods or movements by using other data sources than surveys, and

(c) data compiled by using the particulars of customs declarations.

• 2. 

  The statistical information effectively collected from business surveys or administrative data referred to in Article 11(2) shall cover at least 95 % of the value of the total intra-Union exports of goods of each Member State to all other Member States together.

The Commission is empowered to adopt delegated acts in accordance with Article 21 to amend this Regulation by reducing this coverage rate in the light of technical and economic developments, while maintaining statistics which meet the quality standards in force.

• 3. 

  The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of setting out the technical specifications related to specifying the modalities of the collection respectively compilation of the information referred to under paragraph 1 and for the purpose of further specifying the modalities for the application of the coverage rate referred to under paragraph 2, with regard to the reference period.

Article 13

Statistical data elements

• 1. 

  The micro-data referred to in point (a) of Article 12(1) shall contain the following statistical data elements:

(a) the individual identification number allocated to the partner operator in the Member State of import, in accordance with Article 214 of Directive 2006/112/EC i 24 ;

(b) the reference period;

(c) the flow;

(d) the commodity;

(e) the partner Member State;

(f) the country of origin;

(g) the value of the goods;

(h) the quantity of the goods;

(i) the nature of the transaction.

The micro-data referred to in point (a) of Article 12(1) may contain the mode of transport and the delivery terms, provided that Member State of export collects it these variables.

The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of specifying the statistical data elements referred to in points (a) to (i), and for specifying the list of statistical data elements applicable for the specific goods or movements and the data compiled by using the particulars of customs declarations referred to in points (b) and (c) of Article 12(1).

24 Council Directive 2006/112/EC i of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1)

• 2. 

  Member States may, under certain conditions that meet quality requirements, simplify the information to be provided for small individual transactions provided as long as that such simplification has no detrimental effects on the quality of the statistics.

In specific cases, Member States may collect a reduced set of statistical data elements as referred to in paragraph 1 or collect the information related to certain of these data elements at a less detailed level.

The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of specifying the modalities of this simplification and the maximum value of the intra-Union exports benefitting from this simplification.

Article 14

Protection of exchanged confidential data

• 1. 

  The following confidentiality rules shall apply:

(a) Micro-data records related to an exporter whose request for statistical confidentiality, in

accordance with Article 18, was accepted by the National Statistical Authorities of the

Member State of export, shall be provided by the National Statistical Authorities of the

Member State of export, to the National Statistical Authorities of the Member State of import,

with the true value and all statistical data elements referred to in Article 13(1), and with a flag

indicating that this micro-data record is subject of confidentiality.

(b) The National Statistical Authorities of the Member State of import may make use of microdata records on exports which are subject to confidentiality, in the compilation of statistical results of intra-Union imports. If the National Statistical Authorities of the Member State of import makes use of micro-data records on exports subject to confidentiality, it shall ensure that the dissemination of statistical results on intra-Union imports, by the National Statistical Authorities of the Member State of import, respects the statistical confidentiality granted by the National Statistical Authorities of the Member State of export.

• 2. 

  The Commission shall be empowered to adopt implementing acts, in order to ensure the protection of the confidential data exchanged under this Chapter specifying the format, security and confidentiality measures for such data, including the modalities of application of the rules in paragraph 1, as well as the procedure for the exchange of data, in accordance with the examination procedure referred to in Article 22(2).

• 3. 

  Member States and the Commission shall take appropriate measures to prevent and penalise any violations of statistical confidentiality of the exchanged data. The penalties provided for shall be effective, proportionate and dissuasive.

Article 15

Access to exchanged confidential data for scientific purposes

Access to the exchanged confidential data may be granted to researchers carrying out statistical analyses for scientific purposes, in accordance with Article 23 of Regulation (EC) No 223/2009 i. The approval of the competent National Statistical Authorities of the Member State of export which provided the data is required.

CHAPTER Va

EXCHANGE OF CONFIDENTIAL DATA FOR THE PURPOSE OF EUROPEAN BUSINESS STATISTICS AND NATIONAL ACCOUNTS

Article 15a Exchange of confidential data - enabling clause

• 1. 

  The exchange of confidential data, as defined in Article 3(7) of Regulation (EC) No

223/2009 of the European Parliament and of the Council, which are collected or compiled on base of this Regulation, shall be allowed between the National Statistical Authorities of Member States concerned, the respective national central banks, the European Central Bank and the Commission (Eurostat) for statistical purposes only, where the exchange is necessary to safeguard the quality and comparability of European Business Statistics or National Accounts in line with the concepts and methodology of Regulation (EU) No 549/2013 i.

• 2. 

  National Statistical Authorities, the respective national central bank, the Commission

(Eurostat) and European Central Bank that have obtained confidential data shall treat that information confidentially and shall use it exclusively for statistical purposes in accordance with Chapter V of Regulation (EC) No 223/2009 i.

CHAPTER VI

QUALITY, TRANSMISSION AND DISSEMINATION

Article 16

Quality

• 1. 

  Member States shall take all necessary measures to ensure the quality of the European business statistics transmitted and of the national statistical business registers and the EuroGroups Register.

• 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 in a transparent and verifiable way.

• 4. 

  For this purpose, Member States shall transmit to the Commission (Eurostat):

(a) annual quality and metadata reports for the data transmitted. In case of multiannual statistics, the periodicity of the reports shall be the same as for the statistics;

(b) annual quality and metadata reports related to the national statistical business registers.

• 5. 

  The Commission (Eurostat) shall provide annual metadata and quality reports related to the

EuroGroups Register to Member States.

• 6. 

  The Commission shall be empowered to adopt implementing acts specifying the modalities, content and deadlines for the transmission of the metadata and quality reports. The contents of the reporting shall be limited to the most important and essential aspects of quality. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). They shall not impose a significant additional cost or burden on the Member States or on the respondents.

• 7. 

  Member States shall inform the Commission (Eurostat) as soon as possible of any relevant information or change with regard to the implementation of this Regulation that would influence the quality of the data transmitted. Member States shall inform the Commission (Eurostat) of major methodological or other changes impacting the quality of the national statistical business registers. The information shall be given as soon as possible and not later than six months after any such change enters into force.

• 8. 

  At the Following a duly justified request of the Commission (Eurostat), Member States shall provide the additional information necessary to evaluate the quality of the statistical information, which shall not impose a significant additional cost or burden on the Member States or on the respondents.

Article 17

Data and metadata transmission

• 1. 

  Member States shall provide the Commission (Eurostat) with the data and metadata required by this Regulation in accordance with data and metadata exchange standards. The Commission shall be empowered to adopt implementing acts in accordance with the examination procedure referred to in Article 22(2) for the purpose of establishing such standards as well as a procedure for the transmission of the data and metadata. When the data transmitted is confidential, the true value will be sent with a flag indicating that it is the subject of confidentiality and cannot be disseminated.

• 2. 

  Following a duly justified request of the Commission (Eurostat) Member States shall carry out statistical analyses of the national statistical business registers and transmit the information to the Commission (Eurostat), following a format and a procedure, which shall be specified in implementing acts adopted in accordance with the examination procedure referred to in Article 22(2). The Commission (Eurostat) shall ensure that such implementing acts do not impose a significant additional cost or burden on the Member States or on the respondents.

• 3. 

  Member States shall transmit to the Commission (Eurostat), at its following a duly justified request, any relevant information with regard to the implementation of this Regulation in the Member States.

Article 18

Confidentiality regarding statistical data dissemination on international trade in goods

The national statistical authorities, Only upon request of the an importer or the exporter of goods, the National Statistical Authority shall decide whether to disseminate the statistical results which may make it possible to identify the said importer or exporter, or whether the statistical results relating to the respective imports or exports without any amendment or, following the justified request by the said importer or exporter, to amend the statistical results so as to make it impossible to identify this importer or exporter are to be amended in order not to comply with the prejudice statistical confidentiality principle, in accordance with Article 20(3)(a) of Regulation (EC) No 223/2009 i.

CHAPTER VII

PILOT STUDIES AND FINANCING

Article 19

Pilot studies

• 1. 

  Where the Commission (Eurostat) identifies a need for significant new data requirements or improvements to the data sets 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. 

  Such pilot studies shall be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of the data in relation to the cost of collection and the burden on businesses.

• 3. 

  The first pilot studies to be launched shall cover the modes of supply of international trade in services and the international trade in services by enterprise characteristics.

3a. The results of these studies shall be evaluated by the Commission (Eurostat) in cooperation with Member States and the main stakeholders. The evaluation of the results shall take into account the benefits and the additional costs and burden of having the improvements, which these studies may entail for businesses and for National Statistical Authorities.

Article 20

Financing

• 1. 

  For the implementation of this Regulation, the Union may shall provide financial support to the National Statistical Institutes and other national authorities referred to in the list established pursuant to Article 5(2) of Regulation (EC) No 223/2009 i, towards the cost of:

(a) the development or implementation of data requirements and data processing in the field of business statistics;

(b) developing methodologies aiming at higher quality or lower costs and administrative burden of collecting and producing business statistics and improving the European network

framework of statistical business registers.;

(ba) participation in the pilot studies referred to in Article 19.

• 2. 

  The Union financial contribution shall be provided in accordance with Article 7 of Regulation (EU) No 99/2013 i of the European Parliament and of the Council, and Article 6 of Regulation (EU) No 1291/2013 i of the European Parliament and of the Council.

• 3. 

  This Union financial contribution shall not exceed 95% of the eligible costs.

CHAPTER VIII

FINAL PROVISIONS

Article 21

Exercise of the 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 delegated acts referred to in Articles 5, 6, 9 and 12 shall be conferred on the Commission for an indeterminate period of time a period of five years from the date of entry into force of the Regulation. The Commission shall draw up a report in respect of the delegation of power no 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 not later than three months before the end of each period.

• 3. 

  The delegation of power referred to in Articles 5, 6, 9 and 12 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 the 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 Articles 5, 6, 9 and 12 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 of 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 the Council.

Article 22

Committee

• 1. 

  The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009 i. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i.

• 2. 

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

2а. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(3) and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 23

Cooperation with other committees

On all matters falling within the competence of the Committee on Monetary, Financial and Balance of Payments Statistics established by Council Decision 2006/856/EC i, the Commission shall request the opinion of that Committee in accordance with that Decision.

Article 24

Derogations

• 1. 

  Where the application of this Regulation or the implementing measures and delegated acts adopted under it in a national statistical system of a Member State necessitates major adaptations, the Commission may grant, by means of implementing acts, derogations from its application for a maximum duration of three years., provided that these derogations do not hamper either the comparability The Member State shall submit a duly justified request to the Commission within three months of the date of the entry into force of the act concerned. The impact on comparability of Member States' data or on the calculation of the required timely and representative European aggregates shall be kept to a minimum. The burden on respondents shall be taken into account when granting the derogation.

1a. Where a derogation is still justified at the end of the period for which it was granted, the Commission may grant a subsequent derogation for a maximum period of three years, by means of implementing acts. The Member State shall submit a duly justified request for this extension to the Commission six months before the end of the period for which the current derogation has been granted. The justification of the request shall elaborate in detail the reasons for its submission.

• 2. 

  The Commission shall adopt these implementing acts in accordance with the examination procedure referred to in Article 22(2).

  Article 25 Amendment of Regulation (EC) No184/2005 i

Regulation (EC) No 184/2005 i is amended as follows:

(a) Article 1 is replaced by the following:

"Article 1

Subject matter

This Regulation establishes a common framework for the systematic production of Community statistics on balance of payments and foreign direct investment.";

(b) in Article 2, paragraph 1 is replaced by the following:

"1. Member States shall submit to the Commission (Eurostat) data on balance of payments and foreign direct investment as referred to in Annex I. The data shall be as defined in Annex II.";

(c) in Article 5(1), point (c) is deleted;

(d) in Article 12, point (a) is replaced by the following:

"(a) evaluate the quality of data on balance of payments and FDI;"; (e) in Annex I, table 3 (International trade in services) is amended in accordance with Annex IV to

this Regulation.

Article 26

Repeal

• 1. 

  Regulations (EEC) No 3924/91 i, (EC) No 48/2004, (EC) No 716/2007 i, (EC) No 177/2008 i and (EC) No 295/2008 and Decision (EC) No 1608/2003 are repealed with effect from 1 January 2019 [2021].

• 2. 

  Regulation (EC) No 1165/1998 i is repealed with effect from 1 January 2024.

• 3. 

  Regulation (EC) No 808/2004 i is repealed with effect from 1 January 2020[2021].

• 4. 

  Regulations (EC) No 638/2004 i and (EC) No 471/2009 are repealed with effect from 1 January 2020 [2022].

4a. Paragraphs 1 to 4 are without prejudice to the obligations set out in those regulations concerning the transmission of data and metadata, including quality reports, with regard to reference periods that fall, in whole or in part, before the respective dates set out in those paragraphs.

• 5. 

  References to the repealed acts shall be construed as being made to this Regulation.

Article 27

Entry into force and application

• 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 2019 [2021].

• 3. 

  However, Articles 5(2 to 4) and 11 to 15 shall apply from 1 January 2020 [2022].

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

ANNEXES

Annex I

Topics to be covered

Subject area Domain 1. Short term business statistics

Topics Detailed topics Business population Business demographic events (bankruptcies and registrations) Employment Labour inputs Hours worked Labour costs

Prices Import prices Producer prices

Production Outputs and performance Volume of sales

Net turnover Permits Real estate Building permits Subject area Domain 2. Country level business statistics Topics Detailed topics

Population of active enterprises Business demographic events (births, deaths, survivals)

Business population Foreign-controlled enterprises Foreign-controlling enterprises (UCI concept) and domestic affiliates Population of enterprises engaged in international trade Employment

Employment linked to business demographic events (births, deaths, survivals) Employment in foreign- controlled enterprises

Labour inputs Employment in foreign- controlling enterprises (UCI concept) and domestic affiliates

Hours worked Labour costs Labour costs in foreign- controlled enterprises

R&D inputs R&D expenditure R&D employment

R&D expenditure in foreign-controlled enterprises R&D employment in foreign-controlled enterprises Publicly funded R&D Purchases of goods and services

Purchases Change in stock of goods Purchases of goods and services of foreign- controlled enterprises

Imports by enterprises Net turnover Gross margin on goods for resale Value of output Value added Gross operating surplus

Outputs and Net turnover of foreign- controlled enterprises

performance Value of output of foreign-controlled enterprises

Value added of foreign- controlled enterprises Net turnover of foreign- controlling enterprises (UCI concept) and domestic affiliates Industrial production Exports by enterprises

Investments Gross investment Gross investment by foreign-controlled enterprises

Innovation Innovation

ICT usage and e- commerce ICT usage and e- commerce

Subject area Domain 3. Regional business statistics

Topics Detailed topics

Business population Population by region

Business demographic events by region (births, deaths, survivals) Employment by region

Labour inputs Employment linked to business demographic events by region (births, deaths, survivals)

Labour costs by region R&D inputs R&D expenditure by region

R&D employment by region Subject area Domain 4. Statistics on international activities Topics Detailed topics

Business population Population of enterprises abroad ultimately controlled by resident institutional units of the reporting country

Employment in enterprises abroad ultimately controlled by resident

Labour input institutional units of the reporting country Labour costs in enterprises abroad ultimately controlled by resident

institutional units of the reporting country

Investments Gross investment by enterprises abroad ultimately controlled by resident institutional units of the reporting country

Outputs and performance Net turnover of enterprises abroad ultimately controlled by resident institutional units of the reporting country

International trade in goods Intra-Union trade in goods

Extra-Union trade in goods Imports of FRIBS services (debit)

International trade in

services Exports of FRIBS services (credit)

Net of FRIBS services (balance) Global value chains Global value chains

Annex II

Periodicity, reference period and statistical unit of topics

Subject area Domain 1. Short term business statistics

Topics Periodicity Reference period Statistical unit Business population Qquarterly quarter legal unit Labour inputs Qquarterly quarter (month optional) KAU

month

monthly; quarterly for with the following exceptions • KAU services producer prices

Prices with the following exceptions and producer prices for with the following exception •

  services producer prices indices and producer prices new residential • import prices: not

indices for new residential buildings: quarterly buildings: quarter applicable

(month optional) month monthly; quarterly for with the following exception

Outputs and with the following exception • small countries for

performance • small countries for NACE Section F: quarterly NACE Section F: KAU

(monthly optional) quarter (month optional)

Permits Real estate Qquarterly (monthly optional) quarter (month optional) not applicable

Subject area Domain 2. Country level business statistics

Topics Periodicity Reference period Statistical unit Business population Aannually calendar year enterprise Labour inputs Aannually calendar year enterprise R&D inputs biennially; annually for calendar year enterprise for the business

ANNEX ECOMP.3.B EN

with the following exceptions enterprise sector

• sector of performance breakdown of intramural R&D institutional unit for the other

expenditure, R&D personnel and number of sectors

researchers as well as for government budget appropriations or outlays on research and development allocations for R&D (GBAORD) and national public funding to transnationally coordinated R&D: annually

annually; every three years for

Purchases with the following exception calendar year enterprise

• payments to subcontractors: every three years

annually; biennially for with the following exceptions

• product and residence of client breakdown of net

turnover for NACE 69.1, 69.2, 70.2, 71.1, 71.2 and 73.2: biennially

; every five years for enterprise

• Net turnover from agriculture, forestry, fishing and with the following exceptions

Outputs and industrial activities, Net turnover from industrial

• sold production,

performance activities, Net turnover from industrial activities calendar year production under subexcluding construction, Net turnover from contracted operations

construction, Net turnover from service activities, Net and actual production: turnover from trading activities of purchase and resale KAU

and from intermediary activities, Net turnover from building and Net turnover from civil engineering: every five years

; every three years for

• income from subcontracting: every three years

Investments annually; every three years for with the following exception calendar year enterprise

ANNEX ECOMP.3.B EN

• investment in intangible assets: every three years

reference period is three year

Innovation Bbiennially period before the end of every enterprise

even calendar year calendar year of the adoption of the implementing act laying

ICT usage down the variables; and eannually calendar year following the enterprise

commerce year of adoption of the implementing act laying down

the variables for the other variables

Subject area Domain 3. Regional business statistics

Topics Periodicity Reference period Statistical unit

enterprise with the following exception

Business population annually calendar year • number of local units

(optional for NACE Section K): local unit

enterprise with the following exceptions

• number of employees

Labour inputs annually calendar year and self-employed

persons in local units, wages and salaries in local units: local unit

enterprise for business

R&D inputs biennially calendar year enterprise sector; institutional

unit for the other sectors Subject area Domain 4. Statistics on international activities

ANNEX ECOMP.3.B EN

Topics Periodicity Reference period Statistical unit Business population annually calendar year enterprise Labour inputs annually calendar year enterprise Investments annually calendar year enterprise

Outputs and

performance annually calendar year enterprise

monthly; with the following exception

International to be specified in implementing

trade in goods • biennially for combined product and invoicing Not applicable acts according to Article 7(1)(l) currency breakdown for extra EU imports and exports

of goods:

annually; quarterly for calendar year

International with the following exception

trade in services with the following exception • first level service Not applicable • first level service breakdowns: quarterly

breakdowns: quarter three calendar years; reference

Global value chains every three years year t and the reference period enterprise

t-2 to t

ANNEX ECOMP.3.B EN

Annex III

Elements of the European network framework of statistical business registers

Part A: Register detailed topics and unique identifier

• 1. 

  The units listed in the national statistical business registers and in the EuroGroups Register as defined in Article 3 of this Regulation shall be characterised by an identity number and by register detailed topics specified in Part C.

• 2. 

  The units listed in the national statistical business registers and in the EuroGroups Register shall be uniquely identified by an identity number to facilitate the infrastructure role of the European network framework of statistical business registers. These identity numbers will be provided by the National Statistical Authorities. The identity numbers for legal units

  and multinational enterprise groups relevant for the EuroGroups Register will be provided by the Commission (Eurostat). For national purposes National Statistical Authorities can maintain additional identity number in the national statistical business registers.

  Part B: Time reference and periodicity

• 3. 

  Entries onto and removals from the national statistical business registers and the

  EuroGroups Register shall be updated at least annually.

• 4. 

  The frequency of updating shall depend on the kind of unit, the variable considered, the size of the unit and the source generally used for the update.

• 5. 

  Member States shall make annually a copy that reflects the state of the national statistical business registers at the end of the year and keep that copy for at least 30 years for the purpose of analysis. The Commission (Eurostat) shall make annually a copy that reflects the state of the EuroGroups Register at the end of a the year and keep that copy for at least 30 years for the purpose of analysis.

  Part C: Detailed topics for business registers

The national statistical business registers and the EuroGroup Register shall, for the respective units defined in Article 3 of this Regulation, contain the following detailed topics by unit.

UNITS Detailed topics Identification characteristics Demographic characteristics events Economic/ sStratification characteristics parameters

• 1. 

  LEGAL Links with enterprise UNITS Links with other registers

  Link with enterprise group Control of units Ownership of units

• 2. 

  Identification characteristics

ENTERPRI Demographic characteristics events

SE GROUP Economic/ sStratification characteristics parameters and economic variables

Identification characteristics 3.

ENTERPRI Link to other units

SE Demographic characteristics events

Economic/ sStratification characteristics parameters and economic variables Identification characteristics

• 4. 

  LOCAL Demographic characteristics events UNIT Economic/ sStratification characteristics parameters and economic variables

  Links to other units and registers 5. KIND Identification characteristics

OF

ACTIVITY Demographic characteristics events

UNIT Economic/ sStratification characteristics parameters and economic variables

if covered as statistica

l unit in Links to other units and registers

accordan ce with Article 3(2a)iii Annex IIIa (NEW)

Detailed topics and variables for the exchange of confidential data for the purpose of the European framework of statistical business registers

Items marked 'conditional' are mandatory if available in the Member States and items marked 'optional' are recommended.

• 1. 

  Data to be transmitted by the competent National Statistical Authorities to the

Commission (Eurostat) and allowed to be exchanged between the competent National

Statistical Authorities [Article 10(1) and Article 10(2)]

Units Detailed Topics Variables

Legal unit Identification Identification variables

Demographic Date of incorporation for legal persons or date of events official recognition as an economic operator for natural persons

Date of which the legal unit ceased

Stratification Legal form

parameters Legal activity status

Flag for branches as defined by Regulation (EC) No 549/2013 i (conditional)

Flag for Special Purpose Entities as defined by Regulation (EC) No 549/2013 i (optional)

Control of units Identification variables of the legal unit which is either controlled or controls

Ownership of units Identification variables of unit which is either owned or owns

Shares (%) of resident legal unit(s) owned by the legal unit (conditional)

Shares (%) of resident legal unit(s), which own(s) the legal unit (conditional)

Shares (%) of non-resident legal unit(s) owned by the legal unit (conditional)

Shares (%) of non-resident legal unit(s), which own(s) the legal unit (conditional)

Date of start-end of shares (conditional) Enterprise Identification Identification variables group

Stratification Principal activity code of the enterprise group at parameters and NACE 2-digit level

economic variables Secondary activities of the enterprise group at NACE

2-digit level (optional)

Number of employees and self-employed persons (conditional)

Net turnover (conditional)

Total assets of the enterprise group (conditional)

Countries where non-resident enterprises or local units are located (optional)

Enterprise Identification Identification variables

Link to other units Identity number(s) of the legal unit(s) of which the enterprise consist(s)

Identity number of the enterprise group to which the enterprise belongs

Demographic Date of commencement of activities

events Date of final cessation of activities

Stratification Principal activity code of the enterprise at NACE parameters and 4-digit level

economic variables Number of employees and selfemployed

persons

Number of employees

Net turnover

Institutional sector and sub-sector according to Regulation (EC) No 549/2013 i

• 2. 

  Data to be transmitted by the Commission (Eurostat) to the competent National

Statistical Authorities and allowed to be exchanged between the Commission (Eurostat) and the competent central banks in the case of authorization [Article 10(2) and Article 10(4)]

Units Detailed topics Variables Legal unit Identification Identification variables

Demographic events Date of incorporation for legal persons or date of official recognition as an economic operator for natural persons

Date of which the legal unit ceased

Stratification Legal form

parameters Legal activity status

Flag for branches as defined by Regulation (EC) No 549/2013 i (conditional)

Flag for Special Purpose Entities as defined by Regulation (EC) No 549/2013 i (optional)

Links with Identification variables of the enterprise(s) to which enterprise the unit belongs

Date of association to the enterprise(s) (conditional)

Date of separation from the enterprise(s) (conditional)

Links with other Links with other registers registers Link with enterprise Identification variables of the enterprise group to group which the unit belongs

Date of association to the enterprise group

Date of separation from the enterprise group

Control of units Identification variables of the legal unit which is either controlled or controls

Ownership of units Identification variables of unit which is either

owned or owns

Shares (%) of resident legal unit(s) owned by the legal unit (conditional)

Shares (%) of resident legal unit(s), which own(s) the legal unit (conditional)

Shares (%) of non-resident legal unit(s) owned by the legal unit (conditional)

Shares (%) of non-resident legal unit(s), which own(s) the legal unit (conditional)

Date of start-end of shares (conditional)

Enterprise Identification Identification variables

group

Demographic events Date of commencement of the enterprise group

Date of cessation of the enterprise group

Stratification Principal activity code of the enterprise group at parameters and economic variables NACE 2-digit level

Secondary activities of the enterprise group at NACE

2-digit level (optional)

Number of employees and self-employed persons (conditional)

Net turnover (conditional)

Total assets of the enterprise group (conditional)

Countries where non-resident enterprises or local units are located (optional)

Enterprise Identification Identification variables

Link to other units Identity number(s) of the legal unit(s) of which the enterprise consist(s)

Identity number of the multinational or national enterprise group, to which the enterprise belongs

Demographic events Date of commencement of activities

Date of final cessation of activities

Stratification Principal activity code of the enterprise group at parameters and NACE 4-digit level

economic variables Secondary activities of the enterprise group at NACE

4-digit level (conditional)

Number of employees and self - employed persons

Number of employees

Number of employees in full-time equivalents (optional)

Net turnover Institutional sector and sub-sector according to Regulation (EC) No 549/2013 i

• 3. 

  Data exchanges on incorporated legal units for identification purposes [Article 10(3)]

3.1. Data to be transmitted by the competent National Statistical Authorities to the Commission (Eurostat) on resident incorporated legal units

Units Detailed topics Variables Legal unit Identification Identification variables

Demographic events Date of incorporation for legal persons or date of official recognition as an economic operator for natural persons

Date of which the legal unit ceased

Stratification Legal form

parameters Legal activity status

Flag for branches as defined by Regulation (EC) No 549/2013 i (conditional)

3.2. Data to be transmitted by the competent National Statistical Authorities to the Commission (Eurostat) on foreign incorporated legal units

Units Detailed topics Variables Legal unit Identification Identification variables

Demographic events Date of incorporation for legal persons or date of official recognition as an economic operator for natural persons

Date of which the legal unit ceased

Stratification Legal form (optional)

parameters Legal activity status

Flag for branches as defined by Regulation (EC) No 549/2013 i (conditional)

3.3. Data to be transmitted by the Commission (Eurostat) to the competent National Statistical Authorities on incorporated legal units

Units Detailed topics Variables Legal unit Identification Identification variables

Demographic events Date of incorporation for legal persons or date of official recognition as an economic operator for natural persons

Date of which the legal unit ceased Stratification Legal form

parameters Legal activity status

Flag for branches as defined by Regulation (EC) No

549/2013 (conditional)

Annex IIIb (NEW)

Information to be provided by the tax authorities responsible in each Member State

to the National Statistical Authority as referred to in Article 5(2)

(a) information from VAT returns on taxable persons or non-taxable legal persons who have declared, for the period in question, intra-Union supplies of goods in accordance with Article 251(a) of Council Directive 2006/112/EC i or intra-Union acquisition of goods in accordance with Article 251(c) of Council Directive 2006/112/EC i,

(b) information from recapitulative statements on intra-Union supplies collected from the recapitulative VAT statements in accordance with Articles 264 and 265 of Directive 2006/112/EC i,

(c) information on intra-Union acquisitions communicated by all other Member

States in accordance with Article 21(2) of Council Regulation (EU) No 904/2010 i.

Annex IIIc (NEW)

Information to be provided by the custom authorities responsible in each Member State to the National Statistical Authority as referred to in Article 5(3)

(a) information identifying the person who carries out intra-Union exports and intra-Union imports of goods covered by the customs procedures of inward processing,

(b) the registration and identification data of economic operators provided for under customs provisions of the European Union available in the electronic system relating to EORI number as referred to in Article 7 of Commission Implementing Regulation (EU) 2015/2447,

(c) the records on imports and exports from customs declarations which were accepted or were subject to decisions by the national customs authorities pertaining to them:

which were lodged with them; or for which the supplementary declaration is, in accordance with Article 225 of Commission Implementing Regulation (EU) 2015/2447, available to them through direct electronic access in the authorisation holder's system.

Annex IV

Amendments of Regulation (EC) No184/2005 i

In Annex I, table 3 is replaced by the following:

"Table 3 International trade in services – accounting elements Deadline: T + 9 months Periodicity: Annual

First reference period: 2013

Credit Debit Balance

Compensation of employees Geo 5 Geo 5 Geo 5 Personal transfers Geo 5 Geo 5 Geo 5

Workers' remittances Geo 5 Geo 5 Geo 5

SERVICES Geo 6 Geo 6 Geo 6 Travel

Business travel Geo 5 Geo 5 Geo 5 Acquisition of goods and services

by border, seasonal, and other Geo 5 Geo 5 Geo 5 short-term workers Other business travel Geo 5 Geo 5 Geo 5

Personal travel Geo 5 Geo 5 Geo 5 Health- related expenditure Geo 5 Geo 5 Geo 5 Education- related expenditure Geo 5 Geo 5 Geo 5 Other personal travel Geo 5 Geo 5 Geo 5

Financial intermediation service

indirectly measured (FISIM) Geo 3 Geo 3 Geo 3

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