Changes from plenary report to adopted text

Removed3a. Paragraph 3 shall apply to an ESCB member that has received data in accordance with paragraph 1a.

Removed4. The Commission (Eurostat) shall publish a description of the main categories of costs related to the data processing for which compensation may be granted to the data holder and the methodology for calculating these costs, taking into account the principle of cost-effectiveness and not entailing excessive burdens on economic operators as laid down in Article 338(2) TFEU.

Removed1. Non-confidential data shall be shared between NSIs and between NSIs and the Commission (Eurostat) exclusively for statistical purposes and for improving the quality of European statistics.

Removed2. Data sharing shall take place upon request by an NSI or the Commission (Eurostat) where this is relevant and necessary. Data sharing shall also take place when the request is put forward by an NSI on behalf of an ONA and the data is used exclusively for statistical purposes and for improving the quality of European statistics developed and produced by that ONA.

Removed2a. Data sharing shall take place between the ESS and a member of the ESCB in areas of shared responsibility or common interest and where the data are used exclusively for statistical purposes and for improving the quality of European statistics developed and produced by that member of the ESCB.

Removed3. The NSIs, and when relevant the ONAs or members of the ESCB, participating in the data sharing within the ESS shall provide all necessary safeguards with regard to the physical and logical protection of data confidentiality. The Commission (Eurostat) shall set up a secure infrastructure to facilitate data sharing. The NSIs, and when relevant the ONAs or members of the ESCB, may use that secure data sharing infrastructure for the purpose specified in paragraph 1.

Removed3a. Researchers shall have access to databases constituted by the Commission (Eurostat) that include data from private sources, in particular access to microdata. Private data owners shall be informed about the use of their data by researchers and given the opportunity to deny access, if such access would unduly harm their interests.

Removed4. When the data concerned is confidential data within the meaning of Article 3 of this Regulation or is personal data as defined in Regulations (EU) 2016/679 and (EU) 2018/1725, the sharing of such data shall be allowed and may take place on a voluntary basis provided it fulfils all of the following conditions:

Removed(a) it is based on a request justifying the necessity to share the data in each individual case, in particular with regard to the quality issues that are to be specifically addressed;

Removed(b) it is based on privacy-enhancing technologies that are specifically designed to comply with Regulations (EU) 2016/679 and (EU) 2018/1725, with particular regard to purpose limitation, data minimisation, storage limitation, integrity and confidentiality;

Removed(c) it does not affect Chapter V of this Regulation.

Removed5. The data requested under this Article shall not pertain to issues of national security and military matters.

Removed6. The Commission shall, by means of implementing acts, set out the technical aspects of data sharing between the statistical authorities referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2).

Removed7. This Article is without prejudice to Article 21 of this Regulation.’;

Removed(8) the following Chapter IIIa is inserted:

Removed‘CHAPTER IIIa

RemovedDEVELOPMENT OF EUROPEAN STATISTICS

Removed1. The NSIs, the ONAs and the Commission (Eurostat) shall endeavour to continuously innovate and develop new statistical outputs and insights based on all available data sources and to use state of the art technologies, with the aim of integrating them in the regular production of European statistics.

Removed2. European statistics shall be developed in full compliance with the statistical principles, as set out in Article 2(1). Statistics under development may not necessarily fulfil all the quality criteria set out in Article 12(1).

Removed3. The Commission (Eurostat) shall disseminate European statistics under development with the agreement of the NSIs and shall explicitly indicate that these statistics are under development.

Removed4. The Commission (Eurostat) may initiate, in close cooperation with the ESS Committee, the development of new statistical outputs and insights in a coordinated manner across the ESS. Those statistical outputs and insights shall be included in the annual work programme and implemented through individual statistical actions referred to in Article 14(1).’;

Removed(9) in Article 18, the following paragraph 4 is inserted:

Removed‘4. The Commission (Eurostat) may use European statistics published at national level by the Member States ahead of the deadlines set out in the relevant sectoral legislation and disseminate these statistics before the time envisaged in that sectoral legislation, providing it complies with the definitions and classification.’;

Removed(9a) Article 21 is amended as follows:

Removed(a) paragraph 1 is replaced by the following:

Removed‘1. Transmission of confidential data from an ESS authority, as referred to in Article 4, that collected the data to another ESS authority shall take place provided that this transmission is necessary for the efficient development, production and dissemination of European statistics or for increasing the quality of European statistics.’;

Removed(b) paragraph 2 is replaced by the following:

Removed‘2. Transmission of confidential data between an ESS authority that collected the data and an ESCB member shall take place provided that this transmission is necessary for the efficient development, production and dissemination of European statistics or for increasing the quality of European statistics, within the respective spheres of competence of the ESS and the ESCB, and that this necessity has been justified.’;

Removed(c) the following paragraph is added:

Removed‘6a. This Article shall not apply if the data to be transmitted are key attributes of individual companies that Member States are required to make publicly available under Directive (EU) 2019/1024 of the European Parliament and of the Council and the implementing acts adopted pursuant to that Directive, or other core identification and classification variables, which are not considered confidential data for the purposes of this Article.’;

Removed(9b) Article 23 is amended as follows:

Removed(a) the title is replaced by the following:

Removed‘Access to confidential data for research purposes’;

Removed(b) paragraph 3 is replaced by the following:

Removed‘The Commission shall establish, by means of implementing acts, the arrangements, rules and conditions for access at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(2). For the purpose of this Regulation, research purposes shall be interpreted in a broad manner including, for example, technological development and demonstration, fundamental research, applied research and privately funded research.’;

Removed(10) Article 25 is replaced by the following:

Removed‘Article 25 Publicly available data

RemovedData that is lawfully available to the public shall not be considered confidential data or confidential statistical information when used for statistical purposes or for the dissemination of statistics obtained from those data.’;

Removed(11) the following Article 26a is inserted:

Removed‘Article 26a Contribution to new national data governance frameworks

Removed1. In compliance with the principle of subsidiarity, the NSIs may assume at national level functions as laid down in the national data governance frameworks with the goal of promoting data integration and inter-operability, metadata description, quality assurance and standard setting, as well as other tasks and functions laid down in Regulation (EU) 2022/868 of the European Parliament and of the Council, and identify new data sources to be used for the development and production of statistics.

Removed2. The performance of such functions by the NSIs shall be compatible with the statistical principles, as set out in Article 2(1).’;

Removed(12) the following Article 27a is inserted:

Removed‘Article 27a Evaluation and review

RemovedBy [five years after the entry into force of this amending Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report on its main findings to the European Parliament and to the Council. That evaluation shall assess, in particular:

Removed(a) the statistical response to crisis under Article 16a;

Removed(b) the obligation of data holders to allow their data to be reused for European statistics in accordance with Articles 17b, 17c, 17d and 17e;

Removed(c) the data sharing in the ESS under Article 17f;

Removed(d) the development of European statistics under Chapter IIIa.’.

RemovedEntry into force

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

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

RemovedDone at Brussels,

RemovedFor the European Parliament For the Council

RemovedThe President The President