Reform history

1. For the purposes of this Regulation, the following definitions shall apply:

2. Member States shall report to the Commission (Eurostat) on the use and probable effects of estimations or other methods of adapting statistics based on national definitions to comply with the harmonised definitions set out in paragraph 1.

4. If a Member State is not bound by one or more of the legal texts referred to in the definitions in paragraph 1, statistics comparable with those required under this Regulation should be provided by that Member State where they can be provided under existing legislative and/or administrative procedures.

1. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:

2. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within 12 months of the end of the reference year. The first reference year shall be 2008.

1. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:

(c) applications for international protection having been withdrawn during the reference period.

These statistics shall be disaggregated by age and sex, and by the citizenship of the persons concerned. They shall relate to reference periods of one calendar month and shall be supplied to the Commission (Eurostat) within two months of the end of the reference month. The first reference month shall be January 2008.

2. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:

(b) persons covered by first instance decisions granting or withdrawing refugee status, taken by administrative or judicial bodies during the reference period;

(c) persons covered by first instance decisions granting or withdrawing subsidiary protection status, taken by administrative or judicial bodies during the reference period;

These statistics shall be disaggregated by age and sex, and by the citizenship of the persons concerned. They shall relate to reference periods of three calendar months and shall be supplied to the Commission (Eurostat) within two months of the end of the reference period. The first reference period shall be January to March 2008.

3. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:

4. Member States shall supply to the Commission (Eurostat) the following statistics on the application of Regulation (EC) No 343/2003 and Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 (⁶):

1. Member States shall supply to the Commission (Eurostat) statistics on the numbers of:

2. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within three months of the end of the reference year. The first reference year shall be 2008.

1. Member States shall supply to the Commission (Eurostat) statistics on:

2. Where the national laws and administrative practices of a Member State allow for specific categories of long-term visa or immigration status to be granted instead of residence permits, counts of such visas and grants of status are to be included in the statistics required under paragraph 1.

3. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within six months of the end of the reference year. The first reference year shall be 2008.

1. Member States shall supply to the Commission (Eurostat) statistics relating to:

(b) the number of third-country nationals who have in fact left the territory of the Member State, following an administrative or judicial decision or act, as referred to in point (a), disaggregated by the citizenship of the persons returned.

2. The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission (Eurostat) within three months of the end of the reference year. The first reference year shall be 2008.

3. The statistics referred to in paragraph 1 shall not include third-country nationals who are transferred from one Member State to another Member State under the mechanism established by Regulations (EC) No 343/2003 and (EC) No 1560/2003.

1. The statistics shall be based on the following data sources according to their availability in the Member State and in accordance with national laws and practices:

1a.  Member States shall take the measures necessary to ensure the quality of the data and metadata transmitted under this Regulation.

1b.  The quality criteria listed in Article 12(1) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (⁷) shall apply for the purposes of this Regulation.

2. Member States shall report to the Commission (Eurostat), in the form of quality reports, on the data sources used, the reasons for the selection of those sources, the effects of the selected data sources on the quality of the statistics, the technical and organisational measures used to ensure the protection of personal data and the estimation methods used, and shall keep the Commission (Eurostat) informed of any changes thereto.

3. At the request of the Commission (Eurostat), Member States shall provide it with the necessary additional clarification to evaluate the quality of the statistical information.

4. Member States shall inform the Commission (Eurostat) without delay of any revisions or corrections to the statistics supplied under this Regulation, of any changes in the methods and data sources used, and of any relevant information or change with regard to the implementation of this Regulation that could influence the quality of the data transmitted.

5. The Commission may adopt implementing acts:

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.

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 (⁸).

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 (⁹).

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

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).

(⁶) OJ L 222, 5.9.2003, p. 3.

(⁷) 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).

(⁸) 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).

(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).