Changes from plenary report to adopted text

Removed(b) providing new statistical indicators and insights based on existing data;

Removed(c) developing harmonised statistical methodologies and related methodological guidelines, to ensure that statistics across Member States are comparable and consistent;

Removed(d) other coordinated action at Union level that aims to provide a timely and relevant statistical response to the specific situation.

Removed3. When assessing the need for temporary statistical actions, the Commission (Eurostat) shall promptly inform and shall consult the ESS Committee and take into account its opinion and professional guidance.

Removed4. The Member States may decide, separately and on a voluntary basis, to participate in these temporary statistical actions▌. The Commission (Eurostat) shall strive towards the relevance of temporary statistical actions and sufficient coverage of the crisis situation in the Union. When participating in temporary statistical actions, the Member States shall comply with the agreed common timespan, frequency and quality requirements for the national data to be provided to the Commission (Eurostat).

Removed5. The Commission may, by way of implementing acts, specify the temporary statistical actions and set out the procedure for undertaking them, including the relevant timespan, frequency and quality requirements to be applied by those Member States participating voluntarily in the temporary statistical action. Those implementing acts shall adopted in accordance with the examination procedure referred to in Article 27(2). Without prejudice to the prerogative of the budgetary authority, the Union shall provide financial contributions from the general budget of the Union to the NSIs and other national authorities to cover the incremental costs incurred from the implementation of such temporary statistical actions.

Removed6. Measures adopted under paragraph 5 shall remain in force for a period no longer than the duration of the crisis situation, and in any event not exceeding 12 months that may be extended by way of an implementing act for an additional 12-month period in duly justified cases.’;

Removed(3) in Article 17a, the title is replaced by the following:

Removed‘Access, reuse and integration of administrative records for the development and production of European statistics’;

Removed(4) in Article 17a, paragraph 1 is replaced by the following:

Removed‘1. National public bodies in charge of administrative data sources relevant for development, production and dissemination of European statistics shall allow the NSIs and other national authorities (hereafter ‘ONA’) referred to in Article 4, to access, reuse and integrate, free of charge, this data and the relevant metadata, in timely manner and with sufficient frequency for the purpose of development, production and dissemination of European statistics to the Commission (Eurostat) within the deadlines and in accordance with quality requirements laid down in Union statistical legislation.’;

Removed(5) in Article 17a, the following paragraph 2a is inserted:

Removed‘2a. For the purpose of this Regulation, the Commission (Eurostat) shall be allowed, upon request, to access, reuse and integrate in a timely manner relevant data and metadata from databases and interoperability systems maintained by Union bodies and agencies, and without prejudice to the Union acts establishing these databases and interoperability systems. For this purpose, the Commission (Eurostat) shall cooperate with the relevant Union bodies and agencies to specify the customised data and metadata required, the operational modalities for data reuse and the necessary physical and logical safeguards.’;

Removed(6) in Article 17a, paragraph 5 is replaced by the following:

Removed‘5. The NSIs and owners of administrative records shall establish the necessary cooperation mechanisms. Those mechanisms shall also provide the possibility for the NSIs to perform data quality checks and build statistical frames based on relevant administrative records.’;

Removed(7) the following Articles 17b, 17c, 17d, 17e and 17f are inserted:

Removed‘Article 17b Obligation of private data holders to make data available for developing and producing European statistics

Removed1. Without prejudice to reporting obligations laid down in sectoral statistical legislation of the Union nor to the obligation for data holders to make data available based on exceptional need in accordance with the Data Act, an NSI or the Commission (Eurostat) may request a private data holder to make data and the relevant metadata available for the development and production of European statistics if the annual work programme has established the following conditions:

Removed(a) the data requested is strictly necessary for the development and production of European statistics; and

Removed(b) the data cannot be ▌ obtained by alternative means such as surveys or reuse of administrative records, or their reuse will result in a considerable reduction in the response burden on data holders and other businesses.

Removed2. As coordinator of the national statistical system, an NSI may submit a request for data to a private data holder on behalf of an ONA, when the data requested is necessary for European statistics developed and produced by that ONA.

Removed3. The NSIs and the Commission (Eurostat) shall cooperate and mutually assist each other in order to avoid excessive requests on private data holders and to determine who is to submit requests for data. In particular, the request for data shall be submitted to a private data holder by the Commission (Eurostat), in agreement with the NSIs, when such an approach is more efficient, for instance in the case of data holders operating on a Union wide scale.

Removed4. The Commission (Eurostat) may, in agreement with the NSIs, set up a secure infrastructure to facilitate the further sharing with the NSIs of data that has been accessed in accordance with paragraph 2.

RemovedThe secure infrastructure shall be based on technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725.

Removed4a. Where data under paragraph 1 need specific processing, the Member States or the Commission (Eurostat) shall provide the private data holder with compensation for that specific processing service.

Removed5. This Article shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC.

RemovedArticle 17c Requests for data and arrangements for making data available for development and production of European statistics

Removed1. When requesting data in accordance with Article 17b, the NSIs or the Commission (Eurostat) shall:

Removed(a) specify what data is required;

Removed(b) demonstrate the statistical need for which the data is requested in accordance with Article 17b(1);

Removed(c) specify the frequency with which and the deadlines by which the data is to be made available;

Removed(d) specify the operational arrangements for making the data available;

Removed(e) invite the data holder to the dialogue under paragraph 3;

Removed(ea) clarify that any processing of data in connection with a request for data under this Article is without prejudice to Directive 2002/58/EC of the European Parliament and of the Council.

Removed2. Requests for data referred to in paragraph 1 shall:

Removed(a) follow the principle of data minimisation and be proportionate to the statistical need in terms of the level of detail, volume and frequency of the data;

Removed(b) concern▌ non-personal data.

Removed3. Following a request for data referred to in paragraph 1, a dialogue shall take place between the NSI or the Commission (Eurostat) and the concerned data holder to discuss aspects such as the level of aggregation of the data, the deadline and arrangements for the provision of the data, the security and confidentiality protection measures as well as the cost compensation aspects, with the aim of concluding an agreement on those aspects.

Removed4. If no agreement is concluded within three months following the notification of the request for data referred to in paragraph 1, the NSI or the Commission may, by means of a justified decision, require the private data holder to make the data available. The decision shall be specific as required under paragraph 1 letters (a) to (d) and shall take into account issues on which views may have converged during the dialogue with the data holder. The decision may also include compensation for the private data holder that shall not exceed the marginal costs related to the preparation required for making the data available. The period for making the data available may not be shorter than 15 days. Before adopting the decision, the NSI or the Commission shall give the data holder the opportunity of being heard on the measures that the NSI or the Commission intend to take. The decision shall indicate the fines provided for under paragraph 6 and the means of redress against it.

Removed5. Without prejudice to reporting obligations laid down in sectoral statistical legislation of the Union, a data holder shall make the relevant data available to the NSI or the Commission (Eurostat) within the period specified in the decision pursuant to paragraph 4 of this Article.

Removed5a. Sharing of data by private data holders shall be based on technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725 and shall take place using secure infrastructure.

Removed6. The Member States and the Commission shall take appropriate measures to ensure the effective enforcement of the decisions adopted in accordance with paragraph 4. Those measures may include the adoption of fines where the private data holder intentionally or negligently fails to supply the data requested by decision within the set period or supplies incorrect, incomplete or misleading data. In fixing the amount of the fines, the Member State and the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement.

Removed7. In order to comply with paragraph 6, the Commission may adopt decisions imposing fines of maximum EUR 25 000. In case of recurrence within three years the fine may reach EUR 50 000. The Commission may issue guidelines on the calculation of the fine.

Removed8. The Commission may adopt a decision imposing a fine within one year following the deadline for the submission of data laid down in its decision under paragraph 4 where the data holder fails to submit any data or within one year of the submission of incorrect, incomplete or misleading data.

RemovedThe power of the Commission to enforce decisions imposing a fine shall be subject to a limitation period of five years. Time shall begin to run on the day on which the decision becomes final.

Removed9. Before adopting a decision pursuant to paragraph 6 of this Article, the Member States and the Commission shall give the data holder the opportunity of being heard on preliminary findings and measures that the Member State or the Commission may intend to take in view of the preliminary findings.

Removed10. The Commission shall establish, by way of implementing acts, the general technical arrangements for making data available under this Article, in particular for the purposes of requesting data from private data holders under specific circumstances, detailing the categories of personal data that may be requested and the types of sources from which those categories of personal data may be obtained. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

RemovedArticle 17d Review of decisions imposing fines by the Court of justice of the European Union

RemovedIn accordance with Article 261 TFEU, the Court of Justice of the European Union has unlimited jurisdiction to review decisions by which the Commission has imposed fines. It may cancel, reduce or increase the fine imposed.

RemovedArticle 17e Obligations of NSIs and the Commission (Eurostat) in reusing data made available for development and production of European statistics

Removed1. The NSIs and the Commission (Eurostat) shall use data made available in accordance with Article 17b for the development, production and dissemination of European statistics:

Removed(a) exclusively for statistical purposes;

Removed(b) in conformity with principles of statistical confidentiality and cost-effectiveness; and

Removed(c) in compliance with the obligation not to share them with third parties unless the data holder has agreed to do so, subject to paragraph 1a of this Article.

Removed1a. The NSIs and the Commission (Eurostat) shall put in place appropriate safeguards relating to the processing of personal data for statistical purposes in accordance with Article 89 of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725, in particular in order to ensure compliance with the principle that data is to be rendered anonymous.

RemovedThe ESS shall share the data with ESCB members, without the prior agreement of the data holder, where necessary for the development, production and dissemination of European statistics, within the respective spheres of competence of the ESS and the ESCB, and where such necessity has been duly established.

Removed2. The NSIs and the Commission (Eurostat) shall:

Removed(a) take appropriate measures to protect statistical confidentiality and trade secrets and to preserve other legitimate concerns of private data holders including the cost and effort required to make the data available;

Removed(b) implement, insofar as the processing of personal data is necessary, technical and organisational measures which safeguard the rights and freedoms of data subjects.

Removed3. Paragraphs 1 and 2 of this Article shall apply to an ONA that has received data following a request submitted on its behalf by a NSI in accordance with Article 17b(2).