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,
Whereas:
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.
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.
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.
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.
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.
Data provided on migration and international protection should be consistent with the relevant statistics collected pursuant to Regulation (EC) No 862/2007.
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.
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.
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.
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.
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.
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.
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.
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.
Regulation (EC) No 862/2007 should therefore be amended accordingly.
The European Statistical System Committee was consulted,
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