Sittings · Document

OPINION (COM(2023)0031 – C90010/2023 – 2023/0008(COD)) 2023-07-19

On the proposal for a regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Yana Toom

SHORT JUSTIFICATION

Statistics play an important role in the European lawmaking process. Statistics are often the inspiration for new laws by bringing to light problems or helping us identify areas that need regulatory action. Our evidence-based approach to legislating then turns to data for evaluating the appropriate solutions or for reviewing the effectiveness of legislation. All of this work is reliant on the accuracy of the numbers used. That is why we have to make sure that the statistics we collect are correct and comparable across the EU. For this purpose, the rapporteur supports the establishment of a framework that brings together the relevant provisions for the preparation and sharing of statistics on population and housing.

Very often, it is the missing pieces of information that also have the most profound impact. With statistics on population and housing, we know that we have difficulties collecting data about those that are in vulnerable situations, such as minorities, homeless people or people with disabilities. While a new framework for harmonised European statistics is welcome, we must strive to improve coverage of hard-to-reach groups in the collection of statistics. The framework that we set in place now needs to not only allow for the collection of data for vulnerable groups but also needs to set a high level of ambition for collecting data on those that have traditionally been left out by statistics.

The Commission proposes to use new data sources as a response to growing trends in the past year of switching from direct population enumerating to fully register-based censuses. Just as the methods used for collecting data have evolved over time, we should expect that new techniques will appear in the future. The rapporteur welcomes that the framework for European statistics enables novel approaches to preparing statistics and encourages experimentation with new techniques. At the same time, the production of statistics, especially stemming from novel methods or sources, involves the use of personal data. It is of utmost importance that the rights of individuals are protected and that the collection of statistics operates in full respect of the established EU data protection legislation.

AMENDMENTS

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23 and Articles 10 and 19 TFEU, the Union needs reliable and comparable statistics. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non-discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio-economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union.	(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23 and Articles 10 and 19 TFEU, the Union needs reliable and comparable statistics. Migration and international protection statistics are essential to establishing an overview of migratory flows within the EU and to ensuring that Member States apply EU legislation correctly, in compliance with the legislation in force. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non-discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio-economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union in order to ensure the rights of individuals residing in the EU and fight inequalities and all forms of discrimination.
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23 OJ C 202, 7.6.2016, p. 389.	23 OJ C 202, 7.6.2016, p. 389.

Amendment 2

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) Member States and the Commission (Eurostat) should have sustainable access to the widest possible range of data sources to produce European statistics on population and housing of high quality and in a cost-effective manner. In this regard, it is crucial that national statistical authorities get timely access and are able to use promptly the administrative data owned by public administrations at national, regional and local level, in accordance with Article 17a of Regulation (EC) No 223/2009. For example, statistics on energy efficiency of buildings can be based on administrative data relating to the issuance of energy certificates of buildings under Directive 2010/31/EU of the European Parliament and of the Council31 . The national statistical institutes also need to be involved in decisions concerning the design and redevelopment of relevant administrative data sources to ensure that they can be further reused for compilation of official statistics.	(20) Member States and the Commission (Eurostat) should have sustainable access to the widest possible range of data sources to produce European statistics on population and housing of high quality and in a cost-effective manner. In this regard, it is crucial that national statistical authorities get timely access and are able to use promptly the administrative data owned by public administrations at national, regional and local level, in accordance with Article 17a of Regulation (EC) No 223/2009. For example, statistics on energy efficiency of buildings can be based on administrative data relating to the issuance of energy certificates of buildings under Directive 2010/31/EU of the European Parliament and of the Council31 . Data sources should also contain data related to hard-to-reach population groups, such as homeless people and people living in informal settings. The national statistical institutes also need to be involved in decisions concerning the design and redevelopment of relevant administrative data sources to ensure that they can be further reused for compilation of official statistics.
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31 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).	31 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).

Amendment 3

Proposal for a regulation

Recital 23

Text proposed by the Commission	Amendment
(23) Privately held data can improve the coverage, timeliness and crisis response capacities of European statistics on population and housing or to enable statistical innovation. Such data have the potential to complement existing demography and migration statistics, bring statistical innovation and even serve for production of early estimates. The national statistical institutes and other competent national authorities and the Commission (Eurostat) should have access to and use such data.	(23) Privately held data can improve the coverage, timeliness and crisis response capacities of European statistics on population and housing or to enable statistical innovation. Such data have the potential to complement existing demography and migration statistics, bring statistical innovation and even serve for production of early estimates. The national statistical institutes and other competent national authorities and the Commission (Eurostat) should have access to and use such data. In order to ensure the protection of the rights and freedoms of data holders, the Commission should establish a list of the types of privately held data sources that may be used for the production of statistics, including, where necessary, any additional safeguards needed to ensure the proportionality of using the relevant type of data.

Amendment 4

Proposal for a regulation

Recital 29

Text proposed by the Commission	Amendment
(29) Data sources available at national level are not always able to capture accurately phenomena related to the free movement of persons in the Union, the access of persons to cross-border services on demographic vital events and the exercise of persons rights to buy and own housing property used as primary, holiday and secondary accommodation across the Union. There are also asymmetries in the bilateral migration flows and difficulties to measure population groups, for instance among the migrant, homeless or stateless population. Therefore, data sharing for the purposes of compiling statistics on population and migration and ensuring their quality should be reinforced and considered as yet another data source. Such reinforced data sharing may cover a wide range of relevant data, from data that clearly do not allow for the identification of statistical units, either directly or indirectly, to data potentially subject to statistical confidentiality requirements. Member States should, in their own interest and in the interest of the other Member States, participate in data sharing activities, including in pilot projects assessing innovative secure solutions. The Commission (Eurostat) should also establish a secure infrastructure to facilitate such data sharing while ensuring all necessary safeguards.	(29) Data sources available at national level are not always able to capture accurately phenomena related to the free movement of persons in the Union, the access of persons to cross-border services on demographic vital events and the exercise of persons rights to buy and own housing property used as primary, holiday and secondary accommodation across the Union. There are also discrepancies in the bilateral migration flows and difficulties to measure population groups, for instance among the migrant, homeless or stateless population. Therefore, data sharing for the purposes of compiling statistics on population and migration and ensuring their quality should be reinforced and considered as yet another data source. Such reinforced data sharing may cover a wide range of relevant data, from data that clearly do not allow for the identification of statistical units, either directly or indirectly, to data potentially subject to statistical confidentiality requirements. Member States should, in their own interest and in the interest of the other Member States, participate in data sharing activities, including in pilot projects assessing innovative secure solutions. The Commission (Eurostat) should also establish a secure infrastructure to facilitate such data sharing while ensuring all necessary safeguards.

Amendment 5

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) When data sharing entails processing of personal data according to Regulation (EU) 2016/679 of the European Parliament and of the Council37 or Regulation (EU) 2018/1725, the principles of purpose limitation, data minimisation, storage limitation and integrity and confidentiality should be fully applied. In particular, data sharing mechanisms based on privacy enhancing technologies that are specifically designed to implement these principles should be preferred over direct data transmission.	(30) When data sharing entails processing of personal data according to Regulation (EU) 2016/679 of the European Parliament and of the Council37 or Regulation (EU) 2018/1725, the principles of purpose limitation, data minimisation, storage limitation and integrity and confidentiality should be fully applied. In particular, only data sharing mechanisms based on privacy enhancing technologies that are specifically designed to implement these principles should be used for the transmission of personal data.
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37 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).	37 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).

Amendment 6

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30 a) The processing of any data under this regulation has to be in full compliance with the safeguards relating to processing for statistical purposes under Article 89 of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and Article 13 of the EUDPR.

Amendment 7

Proposal for a regulation

Recital 33

Text proposed by the Commission	Amendment
(33) This Regulation is without prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC of the European Parliament and of the Council.38 Within their respective scope of application, the latter Regulations are to apply to the processing of personal data under this Regulation.	(33) This Regulation is without prejudice to Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC of the European Parliament and of the Council.38 Within their respective scope of application, the latter Regulations are to apply to the processing of personal data under this Regulation. In particular, the use of anonymised data for the production of statistics is to be preferred. Only where statistics cannot be produced by processing anonymised data, pseudonymised data should be processed.
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38 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).	38 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).

Amendment 8

Proposal for a regulation

Recital 35

Text proposed by the Commission	Amendment
(35) In order to take account of demographic, economic and social trends as well as technological developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to amend the list, description , periodicities and reference times of detailed topics covered by European statistics on population and housing; to update the periodicities and reference times in the Annex to this Regulation and to specify the information to be provided by Member States on an ad hoc basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making39 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(35) In order to take account of demographic, economic and social trends as well as technological developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in order to amend the list, description , periodicities and reference times of detailed topics covered by European statistics on population and housing; to update the periodicities and reference times in the Annex to this Regulation; to establish a list of types of other data sources that may be used for the production of statistics and to specify the information to be provided by Member States on an ad hoc basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making39 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
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39 OJ L 123, 12.5.2016, p. 1.	39 OJ L 123, 12.5.2016, p. 1.

Amendment 9

Proposal for a regulation

Article 2 – paragraph 1 – point 8 a (new)

Text proposed by the Commission	Amendment
	(8 a) ‘hard-to-reach population groups’ means groups of individuals for whom a real or perceived barrier exists for full and representative inclusion in the collection of statistical data;

Amendment 10

Proposal for a regulation

Article 9 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. The Commission is empowered to adopt delegated acts to supplement this Regulation in accordance with Article 17 by establishing a list of types of data sources for the purpose of paragraph 1, point (c) of this Article. The delegated acts shall be adopted at least 12 months before the beginning of the use of the relevant data sources. Such delegated acts shall not task the Member States with requirements accessible only through direct data collection from individuals, or tasks that fall under the scope of Regulation 2019/1700. Further, no delegated acts shall ask the Member States to collect or survey special categories of personal data as defined by Article 9 of Regulation 2016/679.

Amendment 11

Proposal for a regulation

Article 12 – paragraph 2 – point f

Text proposed by the Commission	Amendment
(f) reduce asymmetries of migration flows;	(f) avoid possible risks of double counting and ensure better comparability of migration flows;

Amendment 12

Proposal for a regulation

Article 13 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) based preferably on privacy enhancing technologies that are specifically designed to implement the principles of Regulations (EU) 2016/679 and (EU) 2018/1725, with particular regard to purpose limitation, data minimisation, storage limitation, integrity and confidentiality;	(b) based on privacy enhancing technologies that are specifically designed to implement the principles of Regulations (EU) 2016/679 and (EU) 2018/1725, with particular regard to purpose limitation, data minimisation, storage limitation, integrity and confidentiality;

Amendment 13

Proposal for a regulation

Article 14 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) reducing asymmetries of migration flows;	(d) avoiding possible risks of double counting and ensuring better comparability of migration flows;

Amendment 14

Proposal for a regulation

Article 20 – paragraph 1 – point 3 a (new)

Regulation (EC) No 862/2007

Article 2 – paragraph 1 – point d

Text proposed by the Commission	Amendment
	(3 a) In Article 2(1), point (d) is replaced by the following: “‘citizenship’ means citizenship as defined in Article 2(1) of Regulation (EU) No XXXX/2023 of the European Parliament and of the Council.+
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	+ OJ: Please insert in the text the number of the Regulation contained in document PE-CONS (2023/0008(COD)) and insert the number, date, title and OJ reference of that Regulation in the footnote.”