MSA
Contribution by Alan Cordina

The Revised Regulation (EC) No 223/2009

On November 5, 2024, the Council (ECOFIN) unanimously approved the European Parliament’s position on the Commission’s proposal to amend Regulation (EC) No 223/2009 on European statistics. This approval signifies the adoption of the legislative act. Following the joint signature by the Presidents of the European Parliament and the Council, Regulation (EU) 2024/3018 of the European Parliament and of the Council 27 November 2024 amending Regulation (EC) No 223/2009 on European statistics was published in the Official Journal on 6 December 2024 and entered into force on the same day. This revised legislative framework marks a new chapter for European statistics, enabling the European Statistical System (ESS) to be more proactive and efficient in producing high-quality and trustworthy statistics.

Access to New Data Sources

Sustainable Access to Private Data:

Private data holders are now generally obligated to provide data for developing, producing, and disseminating European statistics. National Statistical Institutes (NSIs) and Eurostat can request data and relevant metadata free of charge when necessary for European statistics and when other means are unavailable or would significantly reduce the response burden on data holders and businesses. NSIs can also request data on behalf of other national authorities. Cooperation between NSIs and Eurostat will ensure minimal burden on private data holders, with Eurostat potentially handling requests for Union-wide data holders. A secure infrastructure will be established by Eurostat to facilitate data sharing from private holders. Data requests will adhere to the principles of data minimisation and proportionality, focusing on non-personal data, with specific circumstances allowing for personal data requests. Dialogue with private data holders will specify data request parameters and confidentiality measures, aiming for an agreement. If no agreement is reached within three months, a second request can be enforced. Except where national law prevents the NSI or other national authorities responsible for the production of statistics from compensating data holders, where data requires a specific processing service, private data holders may be compensated for any specific processing services that may be needed to align their data with the request made.

Enhanced Access to Administrative Data:

The provision for accessing administrative data has been revamped to enhance access for the production of official statistics. National public and semi-public bodies must allow NSIs and other national authorities to access, use, and integrate these data free of charge for developing, producing, and disseminating European statistics. This includes performing data quality checks and building statistical frames. Cooperation mechanisms between national statistical authorities and public bodies will be established. Eurostat will also have access to relevant data from Union bodies and agencies, ensuring timely and secure data use.

Responsiveness in Crisis Situations:

The revised Regulation empowers the ESS to respond swiftly to urgent policy needs during crises. Eurostat can undertake urgent statistical actions when policy needs cannot be met under the European statistical program, following the activation of an emergency mechanism. These actions, carried out in cooperation with NSIs and other national authorities, may include producing new statistics, providing new indicators, and developing methodological guidelines. The ESS Committee will be consulted, and participation in urgent actions will be voluntary for NSIs, with agreed common requirements for data provision to Eurostat.

Innovation and Development of Statistics:

A new chapter on developing European statistics has been introduced, obligating statistical authorities to innovate and develop new outputs using all available data sources and state-of-the-art technologies. This includes using generative AI tools for developing, producing, and disseminating statistics. Eurostat, in cooperation with the ESS Committee, will initiate new statistical outputs and insights, which may not meet all quality criteria but will be treated as European statistics. Moreover, through the revised regulation Eurostat can now disseminate statistics under development with national authorities’ agreement, ensuring transparency about their quality.

Other Key Achievements

 Data Exchange:

The revised framework enhances data exchange within the ESS and between the ESS and the European System of Central Banks (ESCB) for statistical purposes. Non-confidential data will be shared upon request, and confidential data transmission will be allowed if necessary for developing, producing, and disseminating European statistics. Approval from the NSI or national authority that provided the data will be required for data transmitted to Eurostat.

New Roles for NSIs:

The revised Regulation recognizes NSIs’ contributions to national data governance frameworks, encouraging Member States to assign new functions like data stewardship. These roles should remain compatible with statistical functions and promote data sharing, integration, and quality assurance.

Agility in Dissemination:

Eurostat can disseminate Member States’ European statistics as soon as they are published nationally, even ahead of deadlines. Publicly available data used for statistical purposes will not be considered confidential.

New Definitions:

Updated definitions reflect the digital age, including concepts like data, metadata, data holder, and data access for statistical purposes. The definition of ‘use for statistical purposes’ now includes research and scientific activities.

Statistical Governance:

The revised framework emphasises professional independence for providing objective and impartial statistics, building public trust. Member States and the Commission should follow best practices for selecting and appointing Heads of NSIs and the Director-General of Eurostat. Early termination of contracts should be justified and communicated appropriately. Eurostat will inform the European Statistical Governance Advisory Board (ESGAB) of any serious concerns regarding the Code of Practice implementation.

 

 

 

 

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