The Amended ESS Statistical Law - Regulation (EC) 223/2009 PGSC 15-16 October 2015 Point 7 of the Agenda Roxana Manuela Enciu Eurostat

Contents The background for amending Regulation (EC) 223/2009 What are the main changes in the amended regulation? Highlights on practice in EU Member States related to the main changes in the amended regulation

The background for amending Regulation (EC) 223/2009 PGSC, October 2015

Regulation (EC) 223/2009 - framework regulation for European statistics – "the Statistical Law" Major issues needed to be addressed: - professional independence - coordination role of the NSI. Ensuring the credibility of statistics External and internal pressure for NSIs

What are the main changes in the amended regulation? PGSC, October 2015

1. The principle of professional independence – unconditional for the Heads of NSIs Clear legal provisions on NSI Heads': Roles and responsibilities; Rights and obligations; Accountability. Procedures based on professional criteria, transparency and equal opportunities – (recruitment, appointment and dismissal of Heads of NSIs)

2. The coordinating role of NSIs and of Heads of NSIs The NSI Strictly related to European statistics Clear definition of the scope of coordination: statistical programming and reporting; quality monitoring; methodology; data transmission; communication on ESS statistical actions. The NSI - "sole contact point" for the European Commission on statistical matters. The Head of the NSI representative function within the European Statistical System; coordinate statistical activities of ONAs; produce national guidelines  quality of European statistics; monitor and ensure compliance with the guidelines by the NSI.

NSIs and national banks "Close cooperation" between the European System of Central Banks and the ESS.

3. The access to administrative data sources (NSIs, ONAs) related to European statistics; enhanced right of access: free of charge; not dependent of national arrangements to be put in place out-side the control of the NSI; influence the design of administrative records right to be involved in the development and discontinuation of administrative records.

4. The Commitment on Confidence in Statistics the European statistics Code of Practice and its acknowledged role in maintaining public confidence in statistics; EU Member States: providing a commitment or a progress report; Commission's reporting on the commitmnet/progress report to the European Parliament and the Council.

Highlights on practice in EU Member States related to the main changes in the amended regulation PGSC, October 2015

Highlights based on the latest round of peer reviews in EU Member States New similar round of peer reviews in enlargement countries as of 2016 (Turkey – pilot review in 2015) Recommendations in the upcoming peer reviews for enlargement countries will be based on the amended Regulation (EC) 223/2009.

1. The principle of professional independence - No statutory basis in the statistical law on the appointment and/or dismissal of the Head of the NSI (e.g. Denmark and Hungary); The law on civil servants – legal framework for the appointment and dismissal of the Head of the NSI. (e.g. Finland, Luxembourg); Legal provisions in the statistical law on these procedures (e.g. Lithuania and Malta).

Topics for discussion: What are the drawbacks and/or benefits of NSIs' staff falling in the category of civil servants or being treated as a distinct category by the statistical law? How are the appointment and dismissal procedures defined in your legal acts? What improvements would you see in relation to these procedures?

2. The coordinating role of NSIs and of Heads of NSIs Addressing the lack of statutory right of coordination of the NSS (Denmark): special set-up "The Coordination Committee for European Statistics"; Hungary – new institutional set-up with coordination tasks; a National Statistics Code of Practice; Coordination of the NSS – strategic objective for Statistics Lithuania; practical implementation means; IT solutions for facilitating the coordination of the NSS – Poland.

Topics for discussion: What should be the focus of the coordination role: all official statistics or European statistics only? How does your NSI ensure internally the coordination of the statistical work of ONAs?

3. The access to administrative data sources (NSIs, ONAs) Denmark - extensive use of administrative data – features of a functional system, not formally regulated; Barriers to free access to administrative data sources (e.g. Malta and the Czech Republic) The new right of NSIs to influence the design and development of administrative data sources – initial steps for NSIs.

Topics for discussion: What are the main barriers for your NSI for obtaining access to administrative data sources? What is the statutory authority of your NSI to ensure the access to, use of and influence on th design of administrative data sources? What kind of support/arrangements would you need for enhancing your influence on the design and development of administrative data sources?

Conclusion Regulation (EC) 223/2009 – fundamental piece of the EU acquis in statistics; Implementing the amended regulation – responding to current and future challenges of official statistics; Inspirational elements: arrangements to be put in place in the ESS and the Generic Statistical Law; Eurostat's support, but primarily national support is needed.

Thank you for your attention!