Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank

Type Regulation
Publication 1998-11-27
Last updated 2026-03-12
State In force
Department Council of the European Union
Source EUR-Lex
articles 17
Reform history JSON API

Article 1

Definitions

For the purposes of this Regulation:

Article 2

Reference reporting population

1.

For the fulfilment of the ECB’s statistical reporting requirements, the ECB, assisted by the national central banks in accordance with Article 5.2 of the Statute, shall have the right to collect statistical information within the limits of the reference reporting population and of what is necessary to carry out the tasks of the ESCB. Information may be collected in particular in the area of monetary and financial statistics, banknote statistics, payments and payment systems statistics, financial stability statistics, balance of payments statistics and international investment position statistics. When necessary to perform the tasks of the ESCB, additional information may be collected also in other areas in duly justified cases. The information that is collected for the fulfilment of the ECB’s statistical reporting requirements shall be further specified in the ESCB’s statistical work programme.

2.

For the purposes of this Regulation, the reference reporting population shall comprise the following reporting agents:

3.

An entity that would otherwise be covered by the definition in paragraph 2, but which according to the national law of its country of residence is neither a legal person nor a collection of natural persons, while it can be the subject of rights and obligations, shall be a reporting agent. The reporting obligation of such an entity shall be fulfilled by the persons legally representing it.

Where a legal person, collection of natural persons or an entity as referred to in the first subparagraph has a branch resident in another country, the branch shall be a reporting agent in its own right irrespective of where the head office is located insofar as the branch satisfies the conditions defined in paragraph 2, with the exception of the need to possess separate legal personality. Any number of branches set up in the same Member State shall be regarded as a single branch when they belong to the same sub-sector of the economy. The reporting obligation of a branch shall be fulfilled by the persons legally representing it.

4.

The ECB shall have the right to collect statistical information from a reporting agent which falls within the scope of the reference reporting population as specified in paragraph 2 or 3 on:

The ECB shall specify the manner in which the information referred to in the first subparagraph is to be reported, including the consolidation and the netting principles to be applied.

For the purposes of points (a) and (b), the controlled entities or branches shall not be reporting agents in their own right.

Article 2a

Cooperation with the ESS

To minimise the reporting burden and guarantee the coherence necessary to produce European statistics, the ESCB and the ESS shall cooperate closely, while complying with the statistical principles laid down in Article 3a.

Article 3

Modalities for the definition of statistical reporting requirements

In laying down and imposing its statistical reporting requirements, the ECB shall specify the actual reporting population within the limits of the reference reporting population as defined in Article 2. Without prejudice to the fulfilment of its statistical reporting requirements, the ECB:

Before adopting a regulation as referred to in Article 5 concerning new statistics, the ECB shall assess the merits and costs of the collection of the new statistical information in question. The ECB shall take into account, in particular, the specific collection characteristics, the size of the reporting population, the periodicity of the reporting, and the information already held by the statistical authorities and administrations, by other Union institutions, bodies, offices or agencies or by the competent authorities of the Member States to which the ESCB members have a right of access.

Article 3a

Statistical principles underlying European statistics produced by the ESCB

The development, production and dissemination of European statistics by the ESCB shall be governed by the principles of impartiality, objectivity, professional independence, cost-effectiveness, statistical confidentiality, minimisation of the reporting burden and high output quality, including reliability and the definitions of these principles shall be adopted, elaborated on and published by the ECB. These principles are similar to the statistical principles of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics ([^E0010]).

Article 4

Obligations of Member States

Member States shall organise themselves in the field of statistics and shall fully cooperate with the ESCB in order to ensure the fulfilment of the obligations arising out of Article 5 of the Statute.

Article 5

Regulatory power of the ECB

1.

The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States.

2.

To guarantee the coherence necessary to produce statistics meeting their respective information requirements, the ECB shall consult the Commission on draft regulations whenever links with the statistical requirements of the Commission exist. The Committee on Monetary, Financial and Balance of Payments Statistics shall take part, within the limits of its competence, in the process of cooperation between the Commission and the ECB.

Article 6

Right of verification and compulsory collection of statistical information

1.

If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank ([^E0011]). The right to verify statistical information or to carry out compulsory collection thereof shall comprise the right to:

2.

The ECB or the competent national central bank shall notify the reporting agent in writing of its decision to verify statistical information or to collect it compulsorily, specifying the time limit for compliance with the verification request, the sanctions applicable in the case of non-compliance and the right to review. The ECB and the national central bank concerned shall inform each other of such verification requests.

3.

For the verification and the compulsory collection of statistical information, national procedures shall be followed. The costs of the procedure shall be borne by the reporting agent concerned if it is established that the reporting agent has breached statistical reporting requirements.

4.

The ECB may adopt regulations specifying the conditions under which the right to verify or to carry out the compulsory collection of statistical information may be exercised.

5.

Within the limits of their competence, national authorities of participating Member States shall give the necessary assistance to the ECB and national central banks in the exercise of the powers provided for in this Article.

6.

When a reporting agent opposes or obstructs the verification process or the compulsory collection of the required statistical information, the participating Member State in which the reporting agent’s premises are located shall afford the necessary assistance, including ensuring access to the reporting agent’s premises by the ECB or the national central bank so that the rights mentioned in paragraph 1 can be exercised.

Article 7

Imposition of sanctions

1.

The ECB shall have the power to impose the sanctions set out in this Article on reporting agents which are subject to reporting requirements and residing in a participating Member State and which fail to comply with the obligations resulting from this Regulation or from ECB regulations or decisions defining and imposing the ECB’s statistical reporting requirements.

2.

The obligation to report statistical information to the ECB or to the national central banks shall be deemed to have been infringed if:

3.

The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection.

4.

The ECB may impose sanctions on a reporting agent as follows:

5.

The sanctions set out in paragraph 4 shall be additional to the obligation on the reporting agent to meet the costs of the verification and compulsory collection procedure as required in Article 6(3).

6.

In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98.

Article 7a

Sharing of non-confidential data from the ESCB to the ESS

Without prejudice to Article 2a, an ESCB member shall share non-confidential data, including data made available by private data holders, with the ESS upon request, if the requested data are necessary and available in aggregate form, in areas of shared responsibility or common interest and are needed for carrying out the tasks of the requesting ESS authority.

Article 8

Protection, use and sharing of confidential statistical information collected by the ESCB

1.

The rules set out this Article shall apply to prevent the unlawful use and disclosure of confidential statistical information that is provided by the reporting agent or other legal or natural person, entity or branch to an ESCB member or shared within the ESCB.

2.

ESCB members shall use and share with each other confidential statistical information for the performance of the tasks of the ESCB, including for the development, production or dissemination of statistics or for increasing their quality.

3.

In addition to the obligation laid down in paragraph 2, the ESCB members:

4.

In the circumstances set out in paragraph 3, points (a) to (f), confidential statistical information shall not be used or shared for commercial or tax purposes or for the purpose of legal proceedings, with the exception of:

5.

The ECB may decide to collect confidential information originally collected for purposes other than those of Article 5 of the Statute, to the extent and at the level of detail necessary for the efficient development or production of statistics or for increasing their quality, and where those statistics are necessary to perform the tasks of the ESCB laid down in the Treaty. Once integrated with statistical information, that confidential information shall be subject to the same rules that apply to confidential statistical information.

6.

The ESCB members may share confidential statistical information with a reporting agent in the following circumstances:

The core reference data referred to in point (a) may be shared with a reporting agent provided that the sharing of that data is necessary for the efficient development, production or dissemination of European statistics or for increasing their quality.

7.

ESCB members shall take all the necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information. The ECB shall lay down common rules and implement minimum standards to prevent unlawful disclosure and unauthorised use of confidential statistical information. Member States and the ECB shall adopt all necessary measures to ensure the protection of confidential statistical information, including the imposition of the appropriate enforcement measures in the event of an infringement.

8.

Any party receiving confidential statistical information:

9.

Reporting agents shall be informed of the uses to which statistical information provided by them may be put. To that end, the ESCB members shall publish information on the use of statistical information for statistical purposes, or for the purpose of performing the tasks of the ESCB or tasks concerning policies relating to the prudential supervision of credit institutions, and information on any other circumstances in which confidential statistical information is used or shared in accordance with paragraph 3. Reporting agents shall have the right to request information concerning the legal basis for the sharing of the information and the protective measures adopted.

10.

Statistical information lawfully available to the public and which remains available to the public pursuant to Union or national law shall not be considered confidential. Such information shall include in particular data on key attributes of individual companies as listed in Commission Implementing Regulation (EU) 2023/138 ([^E0012]).

11.

This Article shall apply without prejudice to specific provisions of Union or national law relating to the transmission or sharing of information other than confidential statistical information to or with the ECB.

12.

This Article shall not apply to confidential statistical information initially transmitted between an ESS authority and an ESCB member.

13.

This Article shall not prevent confidential statistical information collected by an ESCB member for purposes other than, or in addition to, meeting the ECB’s statistical reporting requirements from being used to meet those other purposes.

14.

This Article shall not prevent ESCB members from granting access to confidential statistical information to service providers for the sole purpose of providing contracted services that support the performance of the tasks for which such information may be used and shared pursuant to this Regulation.

Article 8a

Exchange of confidential statistical information between the ESCB and the ESS

1.

The transmission of confidential statistical information from an ESCB member to an ESS authority shall be allowed provided that such transmission is necessary for the efficient development, production or dissemination, or for increasing the quality, of European statistics within the respective competence of the ESCB and the ESS and that such need has been justified.

2.

Any further transmission beyond the first transmission must be explicitly authorised by the authority that collected the information.

3.

The confidential statistical information which is transmitted between an ESS authority and an ESCB member shall not be used for purposes that are not exclusively statistical, such as for administrative or tax purposes or legal proceedings or for the purposes referred to in Articles 6 and 7.

4.

Statistical information which the ESCB members receive from ESS authorities and which was obtained from data lawfully available to the public and which remains available to the public in accordance with Union or national law shall not be considered confidential for the purposes of disseminating statistics obtained from that statistical information.

5.

Within their respective spheres of competence, the ESCB members shall take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information (statistical disclosure control) provided by the ESS authorities.

6.

Confidential statistical information provided by the ESS authorities shall only be accessible to staff working in statistical activities within their specific domain of work. These persons shall use these data exclusively for statistical purposes. They shall be subject to this restriction even after the cessation of their functions.

7.

Member States and the ECB shall take appropriate measures to prevent and sanction any violations of the protection of confidential statistical information provided by the ESS authorities.

Article 8b

Confidentiality report

The ECB shall publish an annual confidentiality report on the measures adopted to safeguard the confidentiality of the statistical information referred to in Articles 8 and 8a.

Article 8c

Protection of confidential information on individuals

This Regulation shall apply without prejudice to Regulations (EU) 2016/679 ([^E0013]) and Regulation (EU) 2018/1725 ([^E0014]) of the European Parliament and of the Council.

Article 8d

Access to administrative data

To reduce the burden on respondents, the national central banks and the ECB shall be allowed to access, use and integrate, free of charge, administrative data from relevant sources within their respective public administration systems, in a timely manner and with sufficient frequency and granularity for the purpose of developing, producing and disseminating European statistics.

The practical arrangements and conditions for achieving effective access shall be determined where necessary by each Member State and the ECB, within their respective spheres of competence.

Once integrated with statistical information, the resulting statistical outputs shall be used and shared as if collected pursuant to Article 5 of the Statute.

Article 9

Final provisions

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 5 , Article 6(4) and Article 8(9) shall apply from the date of entry into force of this Regulation. The remaining Articles shall apply from 1 January 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

[^E0001]: Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/549/oj).

[^E0002]: Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (OJ L 331, 15.12.2010, p. 1, ELI: http://data.europa.eu/eli/reg/2010/1092/oj).

[^E0003]: Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63, ELI: http://data.europa.eu/eli/reg/2013/1024/oj).

[^E0004]: Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12, ELI: http://data.europa.eu/eli/reg/2010/1093/oj).

[^E0005]: Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48, ELI: http://data.europa.eu/eli/reg/2010/1094/oj).

[^E0006]: Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84, ELI: http://data.europa.eu/eli/reg/2010/1095/oj).

[^E0007]: Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/806/oj).

[^E0008]: Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1893/oj).

[^E0009]: Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/575/oj).

[^E0010]: OJ L 87, 31.3.2009, p. 164.

[^E0011]: See page 1 of this Official Journal.

[^E0012]: Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use (OJ L 19, 20.1.2023, p. 43, ELI: http://data.europa.eu/eli/reg_impl/2023/138/oj).

[^E0013]: 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, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

[^E0014]: 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, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

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