Extraction of caselaws from the CIRCABC discussion forum Item 6.3 of agenda Standards Working Group meeting 2018 Michael Mietzner Eurostat, Unit B5

Introduction Since the first posting on 8 January 2002 more than 1.000 cases have been debated in the CIRCA/CIRCBC forum! Whenever found relevant and considered as adding value, caselaws have been integrated in the NACE and CPA explanatory notes Need to extract relevant cases for upcoming NACE/CPA updates/revisions! Up to May 2018 Eurostat and the Member States examined recent forum discussions: NACE: topics posted in the forum from January 2008 until May 2018 CPA: topics posted in the forum from January 2015 – May 2018

Extraction criteria in CIRCABC forum The following types of cases are excluded from the extraction: Issues related to activities/products/services that are explicitly mentioned in the NACE/CPA structure or explanatory notes (no need to repeat content) Issues that are covered by the document "Installation, maintenance, repair, rental and trade described by CPA categories" Issues dealt with in the "critical classes" exercise in 2010 Issues covered by correspondence tables: CPA 2008 – CPA Ver. 2.1 NACE Rev. 1.1 – NACE Rev. 2 CPA Ver. 2.1 – CN with ex-cases CPA Ver. 2.1 – CN without ex-cases ISIC Rev.4 – NACE Rev. 2

Extraction criteria in CIRCABC forum cont. Issues related to determining the principal activity Issues related to classification rules, such as: Integrated activities Subcontracting/outsourcing Etc. Statistical units and legal units, such as "sham self-employed", or in French, "faux indépendants" Issues related to various price concepts Issues related to evolution in technology, i.e. "old" methods vs. "new" Cases where, due to lack of necessary input etc., no solution could be proposed

Developments since June 2017 The SWG on 12-13 June 2017 decided to carry out voting, via written procedure for "mature" discussions, with deadline to vote 22 June 2017, for outstanding issues. Following the written procedure 19 additional caselaws were adopted and published on 26 June 2017. Some discussions still remain not concluded, and new discussions have in the meantime entered the forum: Many of these discussions are not suitable for general guidance as caselaws, but nevertheless important to decide on specific situations Many of the discussions have not "matured" for drawing any operational conclusions

NACE/CPA 2 caselaw inclusion Caselaws adopted 26 June 2017 NACE/CPA 2 caselaw inclusion Code NACE/CPA heading Growing of paulownia and willow 02.10 Silviculture and other forestry activities Mixing of gases 20.11 Manufacture of industrial gases Manufacture of skin care gel 20.42 Manufacture of perfumes and toilet preparations Welding of plastic tanks and pipes 22.29 Manufacture of other plastic products Melting and casting of jewellery into slabs 24.41 Precious metals production Repair and maintenance of floating oil rigs 33.15 Repair and maintenance of ships and boats Plastic foil waste 38.11.55 Plastic waste Recovery of iron from clinker 38.32 Recovery of sorted materials Go-kart track installation activities 42.99 Construction of other civil engineering projects n.e.c. Tyre service activities 45.20 Maintenance and repair of motor vehicles

Caselaws adopted 26 June 2017 cont. NACE/CPA caselaw inclusion Code NACE/CPA heading Sports live data collection activities 63.99 Other information service activities n.e.c. Purchase and brokerage of receivables 64.99 Other financial service activities, except insurance and pension funding n.e.c. Consumption credit intermediation 66.19 Other activities auxiliary to financial services, except insurance and pension funding Business establishing and start-up service activities 70.22 Business and other management consultancy activities Go-kart track design activities 71.12 Engineering activities and related technical consultancy Activities of shiatsu practicians 86.90 Other human health activities Refugee resettlement activities 88.99 Other social work activities without accommodation n.e.c. Quiz app subscription with prizes 92.00 Gambling and betting activities Healer activities 96.09 Other personal service activities n.e.c.

NACE/CPA caselaw inclusion Caselaws for adoption NACE/CPA caselaw inclusion Proposed code(s) Design activities related to wearing apparel patterns 17.29, 18.13, 74.10 Manufacture of coal for incense 20.41, 20.59 Doping control activities 71.20, 82.99, 86.90 Food home delivery activities 56.29 Grain processing activities 10.86 Motorcycle and motorcycle equipment spraying and painting activities 45.40, 90.03 Manufacture of railway transport simulators 26.20, 28.99, 30.20 Trading intermediation activities 47.91, 47.99, 74.90 Motor vehicle purchasing agents 45.19, 52.29 Data collection with drones 71.12

Caselaws for adoption cont. NACE/CPA caselaw inclusion Proposed code(s) Activities of space rental for second-hand goods 47.79 Electronic sports 93.12, 93.29

Actions Caselaws adopted 26 June 2017: No further action, adopted! Caselaws presented at SWG meeting 2-3 July 2018: For adoption, by means of voting via Email, with deadline for voting: 20 July 2018. Ongoing discussions in CIRCABC forum: Discussion in CIRCABC to be continued!

Where are caselaws published? Caselaws are published on RAMON, as part of the explanatory notes, but identified as "caselaw". In convenient table and report format available in the NACE/CPA databases on CIRCABC.

Sorting in the forum…

Thank you for your attention. Michael Mietzner michael. mietzner@ec Thank you for your attention! Michael Mietzner michael.mietzner@ec.europa.eu Tel.: +352-4301-35801