Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics
Modified by
Council Regulation (EC, Euratom) No 410/98 of 16 February 1998, 31998R0410, February 21, 1998
Commission Regulation (EC) No 1614/2002of 6 September 2002adjusting Council Regulation (EC, Euratom) No 58/97 to economic and technical developments and amending Commission Regulations (EC) No 2700/98, (EC) No 2701/98 and (EC) No 2702/98, 32002R1614, September 12, 2002
Regulation (EC) No 2056/2002 of the European Parliament and of the Councilof 5 November 2002amending Council Regulation (EC, Euratom) No 58/97 concerning structural business statistics(Text with EEA relevance), 32002R2056, November 21, 2002
Regulation (EC) No 1882/2003 of the European Parliament and of the Councilof 29 September 2003adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty, 32003R1882, October 31, 2003
Regulation (EC) No 295/2008 of the European Parliament and of the Councilof 11 March 2008concerning structural business statistics(recast)(Text with EEA relevance), 32008R0295, April 9, 2008
Council Regulation (EC, Euratom) No 58/97of 20 December 1996concerning structural business statisticsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 213 thereof,Having regard to the draft Regulation submitted by the CommissionOJ No C 146, 13. 6. 1995, p. 6.,Having regard to the opinion of the European ParliamentOJ No C 96, 1. 4. 1996, p. 236.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 236, 11. 9. 1995, p. 61.,(1)Whereas in its resolution of 14 November 1989 on internal trade in the context of the internal marketOJ No C 297, 25. 11. 1989, p. 2. the Council requested the Commission in particular to improve trade statistics by making them compatible with Community definitions and increasing, as far as necessary, the supply of such statistics to the Statistical Office of the European Communities;(2)Whereas in Decision 92/326/EECOJ No L 179, 1. 7. 1992, p. 131. the Council adopted a two-year programme (1992 to 1993) for the development of European statistics on services; whereas this programme includes the compilation of harmonized statistics at national and regional levels, particularly for the distributive trades;(3)Whereas in its Directive 78/660/EECOJ No L 222, 14. 8. 1978, p. 11. Directive as last amended by Directive 94/8/EC (OJ No L 82, 25. 3. 1994, p. 33). the Council adopted measures to improve the coordination of national provisions concerning the presentation and content of annual accounts and annual reports, the valuation methods used therein and their publication in respect of certain types of company;(4)Whereas the Community has, in the mean time, made substantial progress towards integration; whereas new economic, competition, social, environmental and enterprise policies and guidelines call for initiatives and decisions based on valid statistics; whereas the information provided for under existing Community legislation or available in Member States is insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission;(5)Whereas by its Decision 93/379/EECOJ No L 161, 2. 7. 1993, p. 68. the Council adopted a multiannual programme of Community measures to intensify the priority areas and to ensure the continuity and consolidation of policy for enterprise, in particular small and medium-sized enterprises, in the Community; whereas statistics are needed to assess the impact of the measures undertaken to achieve the objectives laid down in the Decision, in particular to have statistics which are comparable for businesses of all sectors, statistics on the national and international subcontracting relations between businesses and improved statistics on small and medium-sized enterprises; whereas these needs must not lead to the imposition of unreasonably onerous reporting requirements on small and medium-sized enterprises;(6)Whereas in its Decision 93/464/EECOJ No L 219, 28. 8. 1993, p. 1. the Council adopted a framework programme for priority actions in the field of statistical information for 1993 to 1997;(7)Whereas there is a need for statistics on business conduct, in particular concerning research, development and innovation, environmental protection, investment, eco-industries, tourism and high-technology industries; whereas the development of the Community and the operation of the internal market increase the need for comparable data on the structure of earnings of employees, the cost of labour and on training;(8)Whereas there is a need for complete and reliable statistical sources in order to enable a correct application of Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonization of the compilation of the gross national product at market pricesOJ No L 49, 21. 2. 1989, p. 26.;(9)Whereas the compilation of national and regional accounts according to the European system of integrated economic accounts (ESA) requires the development of comparable, complete and reliable statistical sources;(10)Whereas there is a need for regional indicators and accounts;(11)Whereas, in order to carry out the tasks entrusted to it under the Treaties, especially with regard to the internal market, the Commission must have exhaustive, up-to-date, reliable and comparable information on the structure, activity, competitiveness and performance of enterprises in the Community;(12)Whereas standardization is required to meet Community needs for information concerning economic convergence;(13)Whereas businesses and their professional associations need such information in order to understand their markets and to compare their activity and performance with those of their competitors, at regional, national and international level;(14)Whereas the creation of common statistical standards that permit the production of harmonized data is an action which can only be undertaken efficiently at Community level; whereas such standards will be implemented in each Member State under the authority of the bodies and institutions in charge of compiling official statistics;(15)Whereas the best method of ascertaining the structure, activity, competitiveness and performance of enterprises in the Community consists in compiling statistics in accordance with common methodological principles and common definitions of characteristics; whereas it is only from coordinated compilation that harmonized statistics can be drawn up with reliability, speed, flexibility and the level of detail required to meet the needs of the Commission and of enterprises;(16)Whereas the definition of kind-of-activity units (KAU) corresponds to one or more operational subdivisions of the enterprise; whereas, for a KAU to be observable, the enterprise's information system must be capable of indicating or calculating for each KAU at least the value of production, intermediate consumption, manpower costs, the operating surplus and employment and gross fixed capital formation; whereas KAUs falling within a particular heading in the statistical classification of economic activities in the European Community (NACE REV. 1) can produce products outside the homogeneous group, on account of secondary activities connected with them which cannot be separately identified from available accounting documents; whereas it can be concluded that the enterprise and the KAU are indentical when it proves impossible for an enterprise to indicate or calculate information on all of the variables listed in this recital for one or more operational subdivisions;(17)Whereas the statistical data compiled within a Community system must be of a satisfactory quality and this quality, as well as the burden it entails, must be comparable from one Member State to another; whereas it is therefore necessary to establish jointly the criteria enabling these requirements to be met;(18)Whereas it is necessary to simplify the administrative procedures for enterprises, particularly small and medium-sized enterprises, including the promotion of new technologies for data collection and compilation of statistics; whereas it may still be necessary to collect directly from enterprises the data necessary to compile structural business statistics, using methods and techniques which will ensure that they are exhaustive, reliable and up to date, without giving rise for the parties concerned, in particular for small and medium-sized enterprises, to a burden which is disproportionate in relation to the results which users of the statistics can reasonably expect;(19)Whereas the signing of the General Agreement on Trade in Services (GATS) has led to a substantial need for information on the size of the signatories' markets and their shares of those markets for the purpose of managing and developing that Agreement;(20)Whereas it is necessary to have a legal framework common to all business activities and domains of business statistics covering also the activities and domains for which statistics are not yet developed;(21)Whereas Directive No 64/475/EECCouncil Directive 64/475/EEC of 30 July 1964 concerning coordinated annual surveys of investment in industry (OJ No L 131, 13. 8. 1964, p. 2193). Directive as last amended by the 1985 Act of Accession. and Directive No 72/221/EECCouncil Directive 72/211/EEC of 6 June 1972 concerning coordinated annual surveys of industrial activity (OJ No L 133, 10. 6. 1972, p. 57). Directive as last amended by the 1985 Act of Accession., which aimed to provide a body of coherent statistics, have not been able to take account of economic and technical changes that have occurred since their adoption and should therefore be repealed;(22)Whereas, in order to enable the rules for the collection and statistical processing of data and for processing and transmission of the results to be clarified further, it is necessary to confer on the Commission, assisted by the Statistical Programme Committee set up by Decision 89/382/EEC, EuratomOJ No L 181, 28. 6. 1989, p. 47., the power to adopt measures for the application of this Regulation,HAS ADOPTED THIS REGULATION: