Commission Decision

of 11 March 2009

concerning derogations from certain provisions of Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes

(notified under document number C(2009) 1568)

(Only the Danish, Dutch, English, Estonian, French, German, Greek, Latvian, Lithuanian, Maltese, Polish and Slovak texts are authentic)

(Text with EEA relevance)

(2009/252/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93 [1], and in particular Article 14 thereof,

Having regard to the requests made by the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland and the Slovak Republic,

Whereas:

(1) Regulation (EC) No 177/2008 established a new common framework for business registers exclusively for statistical purposes in order to maintain the development of business registers in a harmonised framework.

(2) Article 14 of Regulation (EC) No 177/2008 provides that when business registers require a major overhaul, the Commission may grant a derogation at the request of a Member State for a transitional period that shall not exceed 25 March 2010. For agriculture, forestry and fishing, public administration and defence, and compulsory social security, and for the additional characteristics relating to enterprise groups, the Commission may grant a derogation at the request of a Member State for a transitional period that shall not exceed 25 March 2013.

(3) Some Member States have requested such derogations to be granted.

(4) It seems justified to grant those derogations, as the Member States’ requests are based on a legitimate need to further adapt their national statistical systems,

HAS ADOPTED THIS DECISION:

Article 1

Derogations are hereby granted to the Member States listed in the Annex, under the conditions and subject to the limits set out therein, in order to enable those Member States to bring their respective national statistical systems into conformity with Regulation (EC) No 177/2008.

Article 2

This decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the French Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland and the Slovak Republic.

Done at Brussels, 11 March 2009.

For the Commission

Joaquín Almunia

Member of the Commission

[1] OJ L 61, 5.3.2008, p. 6.

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ANNEX

GRANTED DEROGATIONS

Member State | Granted derogation | End of derogation |

Belgium | Characteristics 4.1, 4.2a, 4.3 to 4.7 and 4.9 | 25 March 2010 |

Characteristics 1.8 to 1.12a, 1.13a, 3.12, 4.11, 4.12a and 4.13a | 30 June 2011 |

Denmark | Coverage of enterprise groups | 30 June 2009 |

Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 31 December 2009 |

Germany | Characteristic 3.11 and latter part of characteristic 1.7a (Reference to customs files or to the register of extra-Community operators) | 25 March 2010 |

Agriculture, forestry and fishing, public administration and defence, and compulsory social security | 31 December 2012 |

Estonia | Characteristic 1.12a | 25 March 2010 |

Ireland | Full derogation | 31 December 2008 |

Characteristic 1.3 | 31 December 2009 |

Characteristic 3.11 Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 25 March 2010 |

Characteristics 1.8 to 1.12b, 1.13a, 3.12, 4.1, 4.2a, 4.5 to 4.7, 4.9, 4.13a | 31 December 2012 |

Agriculture, forestry and fishing, public administration and defence, and compulsory social security | 25 March 2013 |

Greece | Enterprise groups and their characteristics | 31 December 2008 |

Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 25 March 2010 |

Agriculture, forestry and fishing, public administration and defence, and compulsory social security, and the additional characteristics relating to enterprise groups | 25 March 2013 |

France | Agriculture, forestry and fishing | 30 June 2012 |

Latvia | Multinational enterprise groups and their characteristics | 31 December 2008 |

Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 5 March 2010 |

The additional characteristics relating to enterprise groups | 31 December 2010 |

Lithuania | Multinational enterprise groups and their characteristics | 25 March 2010 |

The additional characteristics relating to enterprise groups | 25 March 2013 |

Luxembourg | Enterprise groups and their characteristics | 31 December 2008 |

Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 31 December 2009 |

Agriculture, forestry and fishing, public administration and defence, and compulsory social security | 31 December 2010 |

The additional characteristics relating to enterprise groups | 25 March 2013 |

Malta | Enterprise groups and their characteristics | 31 December 2008 |

Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat | 25 March 2010 |

The additional characteristics relating to enterprise groups | 25 March 2013 |

Netherlands | Characteristics 1.12a, 1.13a, 3.11, 4.4, 4.11, 4.12a and 4.13a | 25 March 2010 |

Agriculture, forestry and fishing, public administration and defence, and compulsory social security, and the additional characteristics relating to enterprise groups | 25 March 2013 |

Austria | Characteristic 3.11 concerning sub-sectors (public, national private, foreign controlled) of S.11, S.122, S.123, S.124 and S.125 Enterprise groups and their characteristics | 25 March 2010 |

Agriculture, forestry and fishing | 31 December 2011 |

Local units and their characteristics in public administration and defence and in compulsory social security | 31 December 2012 |

Poland | Data on multinational enterprise groups and their transmission to Eurostat | 31 March 2009 |

Agriculture, forestry and fishing | 31 December 2011 |

Slovakia | Additional characteristics relating to enterprise groups | 30 June 2009 |

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