Sittings · Document

DRAFT REPORT (COM(2023)0459 – C90316/2023 – 2023/0288(COD)) 2023-12-19

On the proposal for a regulation of the European Parliament and of the Council on European Union labour market statistics on businesses, repealing Council Regulation (EC) No 530/1999 and Regulations (EC) No 450/2003 and (EC) No 453/2008 of the European Parliament and of the Council

Committee on Economic and Monetary Affairs · Rapporteur: Irene Tinagli

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***III Ordinary legislative procedure (third reading)

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Amendments to a draft act

Amendments by Parliament set out in two columns

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Amendments by Parliament in the form of a consolidated text

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on European Union labour market statistics on businesses, repealing Council Regulation (EC) No 530/1999 and Regulations (EC) No 450/2003 and (EC) No 453/2008 of the European Parliament and of the Council

(COM(2023)0459 – C90316/2023 – 2023/0288(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0459),

– having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90316/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Central Bank of 24 November 2023,

– having regard to Rules 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Economic and Monetary Affairs (A90000/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Citation 3 a (new)

Text proposed by the Commission

Amendment

Having regard to the opinion of the European Central Bank1a,

________________

1a Opinion of 24 November 2023 (Not yet published in Official Journal).

Or. en

Amendment 2

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) It is important for analytical purposes that an appropriate amount of back data is available to be able to assess labour cost indices over time. However, in order to reduce the burden imposed on Member States, the transmission should be limited to back data that at least covers the calendar years 2024 and 2025.

Or. en

Justification

In its opinion, the ECB suggests that the requirement of providing information that makes it possible to understand the impact of changes to the methodology or sample population (in particular, an appropriate amount of back data, which may be based on estimates, proxies, and other data sources) should be expressly laid down in the proposed Regulation.

Amendment 3

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) To limit the burden on enterprises, in particular on SMEs, the national statistical authorities should consider administrative and innovative sources, the main aim of which is not the provision of statistics, as a substitute for or a complement to statistical surveys, subject to the quality requirements for official statistics. The latest technological and digital developments can contribute to this objective. However, it is necessary to limit the number of sources from which data may be collected and transmitted, to what is necessary and proportionate to achieve the objective of this Regulation. Therefore, the Commission should be empowered to adopt delegated acts to specify from which sources, other than survey data and administrative records, data may be collected and transmitted under this Regulation. In any event, any processing of data stemming from those other sources should be without prejudice to Directive 2002/58/EC of the European Parliament and of the Council1a.

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1a Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37, ELI: http://data.europa.eu/eli/dir/2002/58/oj).

Or. en

Justification

‘Other sources’ may consist of a multitude of sources, potentially including sensitive data that would enable to draw more intimate inferences on the data subject's’ life and could represent a significant risk for their rights and freedoms. The list of sources should thus be limited to what is necessary and proportionate. It is also important to recall that data concerning the use of publicly available electronic communications services and networks and the accessing or storing of information in the end-user’s terminal equipment is subject to the ePrivacy Directive.

Amendment 4

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a) Where the activities to be carried out under this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2018/1725 of the European Parliament and of the Council1a and Regulation (EU) 2016/679 of the European Parliament and of the Council1b. In accordance with the data minimisation principle set out in those Regulations, data provided under this Regulation should be aggregated to such a degree that individuals cannot be identified.

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1a 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).

1b 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).

Or. en

Justification

Any processing of personal must comply with the requirements of the GDPR. Therefore, it would be appropriate to make explicit reference to the applicability of the GDPR and EUDPR to the processing of personal data under the future Regulation, similar as in recital 14 of the Commission's recent Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 223/2009 on European statistics, as amended by the Parliament.

Amendment 5

Proposal for a regulation

Recital 10 b (new)

Text proposed by the Commission

Amendment

(10b) Processing of personal data for the statistical purposes, which is considered to be in the public interest, should be subject to appropriate safeguards in accordance with Article 89 of Regulation (EU) 2016/679 and Article 13 of Regulation (EU) 2018/1725. In particular, compliance with the principle that personal data are to be rendered anonymous should be ensured.

Or. en

Justification

It is important to make specific reference to compliance with the safeguards relating to processing of personal data for statistical purposes under Article 89 GDPR and Article 13 EUDPR, in particular that the data shall in principle be rendered anonymous.

Amendment 6

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Regulation (EC) No 223/2009 constitutes the reference framework for this Regulation, including as regards the protection of confidential data.

(11) Regulation (EC) No 223/2009 constitutes the reference framework for this Regulation, including as regards the protection of confidential data and the processing and sharing of personal data, including of privately held data.

Or. en

Justification

It is important to clarify the relationship of the future Regulation 223/2009 (including the ongoing review) with regard to the processing of personal data. It is also important to ensure that only non-personal (anonymised) data will be requested from private data holders.

Amendment 7

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council21 and delivered an opinion on [xxx].

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21 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).

Or. en

Amendment 8

Proposal for a regulation

Article 2 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘statistical unit’ means the entity on which the data are collected or compiled;

(1) ‘statistical unit’ means the natural person or legal entity on which the data are collected or compiled;

Or. en

Justification

Article 6(1) of the Proposal provides that “[s]tatistics under this Regulation shall be compiled for one or more of the following statistical units: (a) enterprises; (b) local units; (c) employees.” However, under Article 2(1) of the Proposal, ‘statistical unit’ is defined as “(...) the entity on which the data are collected or compiled”, thus excluding employees from the definition. This amendment ensures that the definition encompasses all the persons concerned.

Amendment 9

Proposal for a regulation

Article 2 – paragraph 1 – point 26 a (new)

Text proposed by the Commission

Amendment

(26a) ‘back data’ means data covering a period of at least two calendar years prior to the date of application of this Regulation.

Or. en

Justification

It is important for analytical purposes that an appropriate amount of back data is available to be able to assess labour cost indices over time. However, in its opinion the ECB recognises the burden that would be imposed on Member States if they were required to provide back data over a long time horizon. By this amendment I support limiting transmission of back data to back data that at least covers the calendar years 2024 and 2025.

Amendment 10

Proposal for a regulation

Article 3 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission is empowered to adopt delegated acts in accordance with Article 13, supplementing this Regulation, to specify from which other sources referred to in paragraph 1, point (c), of this Article, data may be collected and transmitted. When exercising the power to adopt such delegated acts, the Commission shall ensure that the use of those other sources is necessary and proportionate to achieve the objective of this Regulation, having due regard to the sensitivity of the data at issue.

Or. en

Justification

I propose to empower the Commission to specify which ‘other sources’ can be used, in order to limit the list of sources to what is necessary and proportionate to achieve the envisaged purposes.

Amendment 11

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the data obtained using the sources laid down in Article 3 provide a full coverage of and give accurate estimates on the statistical units and population defined in Article 6.

2. Member States shall ensure that the data, including back data, obtained using the sources laid down in Article 3 provide a full coverage of and give accurate estimates on the statistical units and population defined in Article 6.

Or. en

Justification

It is important for analytical purposes that an appropriate amount of back data is available to be able to assess labour cost indices over time.

Amendment 12

Proposal for a regulation

Article 8 – paragraph 8

Text proposed by the Commission

Amendment

8. The Commission (Eurostat) shall assess the quality of the data transmitted, the sources and methods used and the sampling frames.

8. The Commission (Eurostat) shall assess the quality of the data transmitted, the sources and methods used and the sampling frames. The Commission (Eurostat) shall prepare and publish reports and communications on the quality of the data transmitted, sources and methods used. In those reports, the Commission (Eurostat) may recommend how to manage the sources considered to be of low quality, and the data collected through those sources.

Or. en

Justification

Although Article 8(5) specifies that these quality reports will adhere to a format further defined by the Commission through an implementing act, the Commission proposal does not offer additional guidance on how sources categorised as 'low quality' and the data collected through them should be managed. By this amendment I call the Commission to provide such guidance.

Amendment 13

Proposal for a regulation

Article 9 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The data collected as part of the pilot studies referred to in paragraph 1 of this Article shall be limited to the domains and topics listed in Article 4(1) and the detailed topics specified in the Annex.

Or. en

Justification

It is important to clarify that such studies would not allow for data collection beyond the 'topics' and 'detailed topics' listed in Article 4(1) and specified within the Annex to the Proposal.

Amendment 14

Proposal for a regulation

Article 9 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

In the reports referred to in the first subparagraph, the Commission (Eurostat) may recommend how pilot studies should be integrated as permanent solutions.

Or. en

Justification

The proposed Regulation should provide how data obtained through the pilot projects will potentially be integrated as permanent solutions.

Amendment 15

Proposal for a regulation

Article 9 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission is empowered to adopt delegated acts in accordance with Article 13, supplementing this Regulation, to specify the roles and responsibilities of the actors conducting the studies referred to in paragraph 1 of this Article insofar as processing of personal data takes place for the purpose of those studies.

Or. en

Justification

It is important to specify the roles and responsibilities within the meaning of data protection law of the Commission (Eurostat) and the Member States regarding the pilot studies, insofar processing of personal data takes place for the purpose of the studies.

Amendment 16

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 4(3) and 7(1) shall be conferred on the Commission for an indeterminate period of time from [Publications Office: please insert exact date of entry into force of the Regulation].

2. The power to adopt delegated acts referred to in Articles 3(1a), 4(3), 7(1) and 9(3a) shall be conferred on the Commission for a period of time of five years from [Publications Office: please insert exact date of entry into force of the Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Or. en

Justification

The aim of this amendment is to align the wording with similar provisions in other legal acts falling within the competence of the ECON committee.

Amendment 17

Proposal for a regulation

Article 13 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 4(3) and 7(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

6. A delegated act adopted pursuant to Articles 3(1a), 4(3), 7(1) and 9(3a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or the Council.

Or. en

Justification

The aim of this amendment is to align the wording with similar provisions in other legal acts falling within the competence of the ECON committee.

Amendment 18

Proposal for a regulation

Annex – Table – column 4 – row 1

Text proposed by the Commission

Amendment

Every four years

Every two years

Or. en

Amendment 19

Proposal for a regulation

Annex – Table – column 4 – row 8

Text proposed by the Commission

Amendment

Every four years

Every two years

Or. en