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Document 32020R0851
Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (Text with EEA relevance)
Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (Text with EEA relevance)
Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (Text with EEA relevance)
PE/19/2020/INIT
OJ L 198, 22.6.2020, p. 1–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32007R0862 | Replacement | article 1 point (c) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 10 | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 11 | 12/07/2020 | |
Modifies | 32007R0862 | Addition | article 11a | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (j) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (k) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (l) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (m) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (o) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (p) | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 2 paragraph 1 point (q) | 12/07/2020 | |
Modifies | 32007R0862 | Repeal | article 2 paragraph 3 | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 5 paragraph 1 unnumbered paragraph 2 | 12/07/2020 | |
Modifies | 32007R0862 | Repeal | article 8 | 12/07/2020 | |
Modifies | 32007R0862 | Addition | article 9 paragraph 1a | 12/07/2020 | |
Modifies | 32007R0862 | Addition | article 9 paragraph 1b | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 9 paragraph 2 | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 9 paragraph 3 | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 9 paragraph 4 | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 9 paragraph 5 | 12/07/2020 | |
Modifies | 32007R0862 | Addition | article 9a | 12/07/2020 | |
Modifies | 32007R0862 | Addition | article 9b | 12/07/2020 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 1 unnumbered paragraph 1 PT (c) | 01/03/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 1 unnumbered paragraph 1 PT (d) | 01/03/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 1 unnumbered paragraph 1 PT (e) | 01/03/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 1 unnumbered paragraph 1 PT (f) | 01/03/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 1 unnumbered paragraph 1 PT (g) | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 1 unnumbered paragraph 2 | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 2 unnumbered paragraph 1 PT (b) | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 2 unnumbered paragraph 1 PT (c) | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 2 unnumbered paragraph 2 | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 7 paragraph 1 point (b) | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 7 paragraph 2 | 01/03/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 3 unnumbered paragraph 1 PT (c) | 01/07/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 3 unnumbered paragraph 1 PT (d) | 01/07/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 3 unnumbered paragraph 2 | 01/07/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 4 unnumbered paragraph 1 PT (f) | 01/07/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 4 unnumbered paragraph 1 PT (g) | 01/07/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 4 unnumbered paragraph 1 PT (h) | 01/07/2021 | |
Modifies | 32007R0862 | Addition | article 4 paragraph 4 unnumbered paragraph 1 PT (i) | 01/07/2021 | |
Modifies | 32007R0862 | Replacement | article 4 paragraph 4 unnumbered paragraph 2 | 01/07/2021 | |
Modifies | 32007R0862 | Replacement | article 6 paragraph 1 | 01/07/2021 | |
Modifies | 32007R0862 | Replacement | article 6 paragraph 3 | 01/07/2021 |
22.6.2020 |
EN |
Official Journal of the European Union |
L 198/1 |
REGULATION (EU) 2020/851 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 June 2020
amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Regulation (EC) No 862/2007 of the European Parliament and of the Council (2) establishes a common and comparable legal framework for European statistics on migration and international protection. |
(2) |
To respond to new needs within the Union for statistics on migration and international protection, and due to the fact that the characteristics of migration are subject to rapid change, there is a need to establish a framework that allows for a quick response to changing needs as regards statistics on migration and international protection. |
(3) |
In order to support the Union in responding effectively to the challenges posed by migration and in developing human-rights-based policies, it is necessary to collect data on migration and international protection on a sub-annual basis. |
(4) |
Statistics on migration and international protection are fundamental for the study, formulation and evaluation of a wide range of policies, particularly as regards responses to the arrival of persons seeking protection in Europe, with the aim of defining and applying the best policies. |
(5) |
Statistics on migration and international protection are essential for having an overview of migratory movements within the Union and for Member States to be able to apply Union law properly in accordance with fundamental rights as laid down in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the Convention for the Protection of Human Rights and Fundamental Freedoms. |
(6) |
In order to ensure the quality and, in particular, the comparability of data provided by the Member States, and in order for reliable overviews to be drawn up at Union level, the data used should be based on the same concepts, and should refer to the same reference date or period. |
(7) |
Data provided on migration and international protection should be consistent with the relevant statistics collected pursuant to Regulation (EC) No 862/2007. |
(8) |
Regulation (EC) No 223/2009 of the European Parliament and of the Council (3) provides a reference framework for European statistics on migration and international protection. In particular, it requires Member States to comply with the principles of professional independence, impartiality, objectivity, reliability, statistical confidentiality and cost effectiveness, as well as with the quality criteria specified therein. |
(9) |
Quality reports are essential for assessing, improving and communicating on the quality of European statistics. The European Statistical System Committee has endorsed a European Statistical System (ESS) standard for Quality Reports Structure in accordance with the provision on statistical quality laid down in Regulation (EC) No 223/2009. That ESS standard should contribute to the harmonisation of quality reporting under Regulation (EC) No 862/2007. |
(10) |
In order to improve the efficiency of statistical production, national statistical authorities have the right to access and use, promptly and free of charge, all administrative records within their own respective public administrative systems and to integrate those administrative records with statistics to the extent necessary for the development, production and dissemination of European statistics in accordance with the provisions concerning access to, and use and integration of, administrative records laid down in Article 17a of Regulation (EC) No 223/2009. |
(11) |
When developing, producing and disseminating European statistics, the national and European statistical authorities and, where applicable, other relevant authorities, should take account of the principles set out in the European Statistics Code of Practice, as reviewed and updated by the European Statistical System Committee on 16 November 2017. |
(12) |
Pilot studies should take into account Union added value, establish the conditions for introducing new data collections within the scope of Regulation (EC) No 862/2007, assess the feasibility and quality of the statistics, including their cross-country comparability, as well as the costs of the related data collections. Before launching each particular pilot study, the Commission (Eurostat) should review relevant administrative sources at Union level and examine whether the required statistics could be based on those sources. Priority should be given to the examination of the number of applications and the number of rejected applications for first-time residence permits. The Commission (Eurostat) should, in close cooperation with the Member States, evaluate the results of those pilot studies and should make the results publicly available. The introduction of new data collections in the Member States should only be considered if the evaluation of the results of the pilot studies is positive. The Commission should also consult the European Data Protection Supervisor under the conditions for legislative consultation laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council (4). |
(13) |
It is important to optimise the use of existing information and data already collected within the scope of Regulation (EC) No 862/2007. To that end, existing data sources at Union and national level, as well as ways to benefit from the frameworks for interoperability established by Regulations (EU) 2019/817 (5) and (EU) 2019/818 (6) of the European Parliament and of the Council, should be explored in order to assess their usage for official statistics. Such assessment should also include the implementation of the concept of interoperability at Union level in order to allow multiple organisations to use the same data in accordance with their needs and the authorisations they have. |
(14) |
Within the scope of Regulation (EC) No 862/2007, the Commission (Eurostat) should aim to ensure the coordination of data collections being used by the relevant Union agencies and should, to that end, conclude cooperation agreements with those agencies within the framework of their respective competence. |
(15) |
In order to achieve the objective of Regulation (EC) No 862/2007, sufficient financial resources should be allocated for the collection, analysis and dissemination of high-quality European and national statistics on migration and international protection. |
(16) |
Where the implementation of Regulation (EC) No 862/2007 would require the national statistical system of a Member State to develop and implement new methodologies and new data collections for statistics under that Regulation, including the participation of that Member State in pilot studies and the upgrading of data sources and IT systems, a Union financial contribution should be provided to that Member State in the form of a grant in accordance with Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (7). |
(17) |
This Regulation observes the right to respect for private and family life, to the protection of personal data and to non-discrimination as set out in the Charter. Regulation (EU) 2016/679 of the European Parliament and of the Council (8) and Regulation (EU) 2018/1725 apply to the processing of personal data covered by Regulation (EC) No 862/2007. |
(18) |
In order to ensure uniform conditions for the implementation of Regulation (EC) No 862/2007, implementing powers should be conferred on the Commission in respect of setting out the practical arrangements for, and the content of, the quality reports; defining the appropriate formats for the transmission of data; specifying disaggregations; and determining, on the basis of the evaluation of the results of the pilot studies, new data collections and disaggregations. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). |
(19) |
Where the implementation of Regulation (EC) No 862/2007 would require major adaptations to the national statistical system of a Member State, the Commission should be able, in duly justified cases and for a limited period of time, to grant, by means of implementing acts, a derogation to the Member State concerned. Such major adaptations could arise, in particular, from the need to improve timeliness, to adapt the design of the methods of data collection, including the access to administrative sources, or to develop new tools to produce data. |
(20) |
The effective monitoring of the application of Regulation (EC) No 862/2007 requires that it be evaluated at regular intervals. The Commission should thoroughly assess the statistics compiled pursuant to that Regulation, as well as their quality and timely provision, for the purpose of submitting reports to the European Parliament and to the Council. The Commission (Eurostat) should closely consult all actors involved in migration and international protection data collection and the main users of those statistics. |
(21) |
Since the objective of this Regulation, namely to revise and complete the existing common rules for the collection and compilation of European statistics on migration and international protection, cannot be sufficiently achieved by the Member States but can rather, for reasons of harmonisation and comparability, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
(22) |
Regulation (EC) No 862/2007 should therefore be amended accordingly. |
(23) |
The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council (10). |
(24) |
The European Statistical System Committee was consulted, |
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 862/2007
Regulation (EC) No 862/2007 is amended as follows:
(1) |
in Article 1, point (c) is replaced by the following:
|
(2) |
Article 2 is amended as follows:
|
(3) |
Article 4 is amended as follows:
|
(4) |
in Article 5, paragraph 1 is amended as follows:
|
(5) |
Article 6 is amended as follows:
|
(6) |
Article 7 is amended as follows:
|
(7) |
Article 8 is deleted; |
(8) |
Article 9 is amended as follows:
|
(9) |
the following Articles are inserted: ‘Article 9a Pilot studies 1. In accordance with the objectives of this Regulation, the Commission (Eurostat) shall establish pilot studies, to be carried out on a voluntary basis by the Member States, in order to test the feasibility of new data collections or disaggregations within the scope of this Regulation, including the availability of appropriate data sources and production techniques, statistical quality and comparability and the costs and burdens involved. Member States shall, together with the Commission (Eurostat), ensure the representativeness of those pilot studies at Union level. 2. Before launching each particular pilot study, the Commission (Eurostat) shall assess whether the new statistics can be based on the information available in the relevant administrative sources at Union level in order to harmonise the concepts used, where possible, and in order to minimise additional burdens on national statistical institutes and other national authorities and enhance the use of existing data in accordance with Article 17a of Regulation (EC) No 223/2009. The Commission (Eurostat) shall also take into account the burden resulting from other ongoing pilot studies in order to limit the number of concurrent pilot studies during the same period of time. 3. The pilot studies referred to in this Article shall relate to the following matters:
4. The Commission (Eurostat) shall evaluate the results of the pilot studies in close cooperation with the Member States and shall make the results publicly available. The evaluation shall include an assessment of the added value of the new data collections under the pilot studies at Union level and a cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs in accordance with Article 14(3) of Regulation (EC) No 223/2009. 5. Taking account of the positive evaluation of the results of the pilot studies, the Commission may adopt implementing acts regarding the matters referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2). 6. In order to facilitate the carrying out of the pilot studies referred to in this Article, the Commission (Eurostat) shall provide the appropriate financing in accordance with Article 9b to Member States that carry out those pilot studies. 7. By 13 July 2022 and every two years thereafter, the Commission (Eurostat) shall report on the overall progress made regarding the matters referred to in paragraph 3. The report shall be made publicly available. Article 9b Financing 1. For the implementation of this Regulation, financial contributions shall be provided from the general budget of the Union to the national statistical institutes and other relevant national authorities referred to in Article 5(2) of Regulation (EC) No 223/2009 for:
2. Union financial contributions as referred to in paragraph 1 of this Article shall be provided in accordance with Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (*7). (*7) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).’;" (10) Article 10 is replaced by the following: ‘Article 10 Implementing acts for specifying disaggregations The Commission is empowered to adopt implementing acts for the purpose of specifying disaggregations in accordance with Articles 4 to 7. When adopting such implementing acts, the Commission shall justify the need for the disaggregations concerned for the purposes of developing and monitoring Union policies on migration and asylum and shall ensure that such implementing acts do not impose significant additional costs or burdens on the Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2) no later than 18 months before the end of the reference period, where the data refer to a calendar year, and no later than six months before the end of the reference period, where the data refer to a period of less than a year.’; (11) Article 11 is replaced by the following: ‘Article 11 Committee procedure 1. The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*8). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (12) the following Article is inserted: ‘Article 11a Derogations 1. Where the application of this Regulation, or the implementing acts adopted thereunder, would require major adaptations to be made to the national statistical system of a Member State, the Commission may grant, by means of implementing acts, a derogation for a period of time requested by the Member State concerned, provided that that period does not exceed three years. In doing so, the Commission shall ensure the comparability of Member States’ data and the timely calculation of the required representative and reliable European aggregates and shall take into account the burden on Member States and respondents. 2. Where a derogation pursuant to paragraph 1 is still justified by sufficient evidence at the end of the period for which it was granted, the Commission may grant, by means of implementing acts, a derogation for a further period of time requested by the Member State concerned, provided that that period does not exceed two years. 3. For the purposes of paragraphs 1 and 2, a Member State shall submit a duly justified request to the Commission by 13 October 2020 or within three months of the date of entry into force of the implementing act concerned, or six months before the end of the period for which the current derogation was granted, as appropriate. 4. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).’. |
Article 2
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Point (3)(a) and (b) and point (6) of Article 1 shall apply from 1 March 2021.
Point (3)(c) and (d) and point (5) of Article 1 shall apply from 1 July 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2020.
For the European Parliament
The President
D. M. SASSOLI
For the Council
The President
N. BRNJAC
(1) Position of the European Parliament of 16 April 2019 (not yet published in the Official Journal) and position of the Council at first reading of 20 March 2020 (OJ C 139, 28.4.2020, p. 1). Position of the European Parliament of 17 June 2020 (not yet published in the Official Journal).
(2) Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
(3) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(5) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).
(6) Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).
(7) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(8) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(9) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(10) Regulation (EC) No 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).