HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 164/16
EN
Official Journal of the European Union
18.6.2013
COMMISSION REGULATION (EU) No 557/2013
of 17 June 2013
implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on
European Statistics as regards access to confidential data for scientific purposes and repealing
Commission Regulation (EC) No 831/2002
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(6) A
risk
management
approach
should
be
the
most
efficient model with a view to making a wider range of
confidential data available for scientific purposes while
Having regard to Regulation (EC) No 223/2009 of the European
preserving the confidentiality of respondents and stat
Parliament and of the Council of 11 March 2009 on European
istical units.
statistics ( 1 ) and in particular Article 23 thereof,
(7) The
physical
and
logical
protection
of
confidential
data
Having regard to the opinion of the European Data Protection
should be ensured by regulatory, administrative, technical
Supervisor,
and organisational measures. These measures should not
be so excessive as to limit the utility of the data for the
purpose of scientific research.
Whereas:
(8) To
this
effect,
in
accordance
with
Regulation
(EC)
No
(1) Regulation
(EC)
No
223/2009
establishes
a
legal
223/2009, Member States and the Commission should
framework for the development, production and dissemi
take appropriate measures to prevent and sanction any
nation of European statistics, including the general
violations of statistical confidentiality.
provisions on protection of and access to confidential
data.
(9) This
Regulation
ensures,
in
particular,
full
respect
for
private and family life and for the protection of
(2) The
benefits
of
data
collected
for
the
purposes
of
personal data (Articles 7 and 8 of the Charter of Funda
European statistics should be maximised, inter alia, by
mental Rights of the European Union).
improving the access to confidential data by researchers
for scientific purposes.
(10) This Regulation should apply without prejudice to
Directive 95/46/EC of the European Parliament and of
(3) Many
questions
raised
in
the
fields
of
economic,
social,
environmental and political sciences can be answered
the Council of 24 October 1995 on the protection of
adequately only on the basis of relevant and detailed
individuals with regard to processing of personal data
data allowing in-depth analyses. The quality and the
and on the free movement of such data ( 2 ) and to Regu
timeliness of available detailed information for research
lation (EC) No 45/2001 of the European Parliament and
has, in this context, become an important component of
of the Council of 18 December 2000 on the protection
a science-based understanding and governance of society.
of individuals with regard to the processing of personal

data by the Community institutions and bodies and on
the free movement of such data ( 3 ).
(4)
The research community should, therefore, enjoy wider
access to confidential data used for the development,
production and dissemination of European statistics, for
(11) This Regulation should apply without prejudice to
analysis in the interest of scientific progress, without
Directive 2003/4/EC of the European Parliament and of
compromising the high level of protection that
the Council of 28 January 2003 on public access to
confidential statistical data require.
environmental information ( 4 ) and to Regulation (EC)
No 1367/2006 of the European Parliament and of the
Council of 6 September 2006 on the application of the
provisions of the Aarhus Convention on Access to
(5) Bodies
with
the
objective
of
promoting
and
providing
Information, Public Participation in Decision-making
access to data in the interest of scientific research in
and Access to Justice in Environmental Matters to
socially- and policy-relevant areas could contribute to
Community institutions and bodies (
the process of releasing confidential data for scientific

5 ).
purposes, thereby improving the accessibility of
confidential data.
( 2 ) OJ L 281, 23.11.1995, p. 31.
( 3 ) OJ L 8, 12.1.2001, p. 1.
( 4 ) OJ L 41, 14.2.2003, p. 26.
( 1 ) OJ L 87, 31.3.2009, p. 164.
( 5 ) OJ L 264, 25.9.2006, p. 13.

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EN
18.6.2013 Official
Journal
of
the
European
Union L
164/17
(12) Commission
Regulation
(EC)
No
831/2002
of
17
May
Article 3
2002 implementing Council Regulation (EC) No 322/97
on Community statistics, concerning access to
General principles
confidential data for scientific purposes ( 1 ) should be
The Commission (Eurostat) may grant access to confidential
repealed.
data for scientific purposes held by it for the development,
production or dissemination of European statistics as referred
to in Article 1 of Regulation (EC) No 223/2009, provided that
(13) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the European Statistical
the following conditions are satisfied:
System Committee (ESS Committee),
(a) access is requested by a recognised research entity;
HAS ADOPTED THIS REGULATION:
(b) an appropriate research proposal has been submitted;
Article 1
(c) the requested type of confidential data for scientific
Subject matter
purposes has been indicated;
This Regulation establishes the conditions under which access to
confidential data transmitted to the Commission (Eurostat) may
be granted for enabling statistical analyses for scientific
(d) access is provided either by the Commission (Eurostat) or by
purposes, and the rules of cooperation between the Commission
another access facility accredited by the Commission
(Eurostat) and national statistical authorities in order to facilitate
(Eurostat);
such access.
(e) the relevant national statistical authority which provided the
data has given its approval.
Article 2
Definitions
Article 4
For the purposes of this Regulation, the following definitions
shall apply:
Research entities
1. Recognition
of
research
entities
shall
be
based
on
criteria
referring to:
(1) ‘confidential data for scientific purposes’ means data which
only allow for indirect identification of the statistical units,
taking the form of either secure-use files or scientific-use
(a) the purpose of the entity; the assessment of the purpose of
files;
the entity shall be carried out on the basis of its statute,
mission or other declaration of purpose; the purpose of the
entity shall include reference to research;
(2) ‘secure-use files’ means confidential data for scientific
purposes to which no further methods of statistical
disclosure control have been applied;
(b) the established record or reputation of the entity as a body
producing quality research and making it publicly available;
the experience of the entity in carrying out research projects
(3) ‘scientific-use files’ means confidential data for scientific
shall be assessed on the basis of, inter alia, available lists of
purposes to which methods of statistical disclosure control
publications and research projects in which the entity was
have been applied to reduce to an appropriate level and in
involved;
accordance with current best practice the risk of identifi
cation of the statistical unit;
(c) the internal organisational arrangements for research; the
research entity shall be a separate organisation with legal
(4) ‘statistical disclosure control methods’ means methods to
personality, focused on research or a research department
reduce the risk of disclosing information on the statistical
within an organisation; the research entity must be inde
units, usually based on restricting the amount of, or
pendent, autonomous in formulating scientific conclusions
modifying, the data released;
and separated from policy areas of the body it belongs to;
(5) ‘access facilities’ means the physical or virtual environment
(d) the safeguards in place to assure security of the data; the
and its organisational setting where access to confidential
research entity shall fulfil technical and infrastructure
data for scientific purposes is provided;
requirements assuring security of the data.
(6) ‘national statistical authorities’ means the national statistical
2. A
confidentiality
undertaking
covering
all
researchers
of
institutes and other national authorities responsible in each
the entity who will have access to the confidential data for
Member State for the development, production and dissemi
scientific purposes and specifying the conditions for access,
nation of European statistics as designated in accordance
the obligations of the researchers, the measures for respecting
with Regulation (EC) No 223/2009.
the confidentiality of statistical data and the sanctions in the
event of a breach of these obligations shall be signed by a duly
( 1 ) OJ L 133, 18.5.2002, p. 7.
designated representative of the research entity.

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L 164/18
EN
Official Journal of the European Union
18.6.2013
3. The
Commission
(Eurostat)
shall,
in
cooperation
with
the for each research proposal before the access is granted. The
ESS Committee, establish guidelines for the assessment of
national statistical authority shall submit its position to
research entities, including the confidentiality undertaking
Eurostat within four weeks from the date on which the
referred to in Article 4(2). When duly justified, the Commission
national statistical authority received the relevant report on
(Eurostat) shall update the guidelines, in accordance with
the assessment of the research proposal.
procedural arrangements approved by the ESS Committee.
2. The
national
statistical
authorities
which
transmitted
the
4. Reports
on
the
assessments
of
research
entities
shall
be confidential data concerned and the Commission (Eurostat)
made available to the national statistical authorities.
shall, whenever possible, agree on simplifying the consultation
procedure and improving its timeliness.
5. The
Commission
(Eurostat)
shall
maintain
and
publish
on
its website an updated list of recognised research entities.
Article 7
Confidential data for scientific purposes
6. The
Commission
(Eurostat)
shall
perform
regular
re-
assessments of the research entities included in the list.
1. Access
to
secure-use
files
may
be
granted
provided
that
the results of the research are not released without prior
checking to ensure that they do not reveal confidential data.
Article 5
Access to secure-use files may be provided only within
Research proposal
Commission (Eurostat) access facilities or other access facilities
accredited by the Commission (Eurostat) to provide access to
1. The
research
proposal
shall
indicate
in
sufficient
detail:
secure-use files.
(a) the legitimate purpose of the research;
2. Access
to
scientific-use
files
may
be
granted
provided
that
appropriate safeguards are in place in the research entity
(b) the explanation why this purpose cannot be fulfilled using
requesting access. The Commission (Eurostat) shall publish
non-confidential data;
information on the safeguards required.
(c) the entity requesting access;
3. In
cooperation
with
the
national
statistical
authorities,
the
Commission (Eurostat) shall prepare data sets for research use
which target the different types of confidential data for scientific
(d) the individual researchers who will have access to the data;
purposes. When preparing a data set for research use, the
Commission (Eurostat) and the national statistical authorities
(e) the access facilities to be used;
shall take into account the risk and the impact of unlawful
disclosure of confidential data.
(f) the data sets to be accessed, the methods of analysing them;
and
Article 8
Access facilities
(g) the intended results of the research to be published or
otherwise disseminated.
1. Access
to
confidential
data
for
scientific
purposes
may
be
granted via access facilities accredited by the Commission
(Eurostat).
2. The research proposal shall be accompanied by individual
confidentiality declarations signed by researchers who will have
access to the data.
2. The
access
facility
shall
be
located
within
national
stat
istical authorities. By way of exception, access facilities may be
located outside national statistical authorities, subject to the
3. The
Commission
(Eurostat)
shall,
in
cooperation
with
the prior explicit approval of the national statistical authorities
ESS Committee, establish guidelines for the assessment of
which provided the data concerned.
research proposals. When duly justified, the Commission
(Eurostat) shall update the guidelines, in accordance with
procedural arrangements approved by the ESS Committee.
3. Accreditation
of
access
facilities
shall
be
based
on
criteria
referring to the purpose of the access facility, its organisational
structure and standards for data security and data management.
4. Reports
on
the
assessments
of
research
proposals
shall
be
made available to the national statistical authorities which trans
mitted the confidential data concerned to the Commission
4. The
Commission
(Eurostat)
shall,
in
cooperation
with
the
(Eurostat).
ESS Committee, establish guidelines for the assessment of access
facilities. When duly justified, the Commission (Eurostat) shall
Article 6
update the guidelines, in accordance with procedural
arrangements approved by the ESS Committee.
Position of national statistical authorities
1. The
approval
of
the
national
statistical
authority
which 5. Reports
on
the
assessments
of
access
facilities
shall
be
transmitted the confidential data concerned shall be sought
made available to the national statistical authorities. The

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EN
18.6.2013 Official
Journal
of
the
European
Union L
164/19
reports shall include a recommendation on the type of
(a) guidelines for the assessment of research entities, research
confidential data to which access can be provided by the
proposals and access facilities;
access facility. The Commission (Eurostat) shall consult the
ESS Committee before deciding on the accreditation of an
access facility.
(b) the list of recognised research entities;
6. A
contract
shall
be
signed
between
the
duly
designated (c) the list of accredited access facilities;
representative of the access facility or of the organisation
hosting the access facility and the Commission (Eurostat) deter
mining the obligations of the access facility with respect to the
(d) the list of data sets for research use with relevant documen
protection of confidential data and the organisational measures.
tation and the available modes of access.
The Commission (Eurostat) shall be regularly informed about
the activities carried out by the access facilities.
Article 10
7. The
Commission
(Eurostat)
shall
maintain
and
publish
on
Repeal
its website the list of accredited access facilities.
Regulation (EC) No 831/2002 is repealed.
Article 9
Organisational matters
References to the repealed Regulation shall be construed as
references to this Regulation.
1. The
Commission
(Eurostat)
shall
regularly
inform
the
ESS
Committee of the administrative, technical and organisational
measures taken to ensure the physical and logical protection of
Article 11
confidential data and to monitor and prevent the risk of
unlawful disclosure or any use beyond the purposes for
Entry into force
which access has been granted.
This Regulation shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
2. The
Commission
(Eurostat)
shall
publish
on
its
website:
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 2013.
For the Commission
The President
José Manuel BARROSO

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