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Law 2/2013, April 18, to the function of the public statistics since the General Council in its session of April 18th 2013 has approved the following: law on the role of the public statistics preamble The public statistics are a public service, the purpose of which is to provide information on the economic, social, geographical cultural, environmental, demographic, health, and the country's territory that will allow to provide the complete information society, objective and impartial.
Are intended to program the public activity at the service of citizens, improve significantly the possibilities of the policy on the phenomena that affect this reality, and assess the impact of policies applied. And, at the same time, provide information to the public, the institutions and the private organizations that will allow them to improve their performances.
To date, the only regulatory framework of the statistics of the country has been reflected in the decrees of the 1996 and 1998 for the consumer price index and the officialization, and the Decree of 16 July 2008 for the survey of labour forces. Since then, it has increased the complexity of statistical projects, as well as the collaboration with public institutions and individuals and legal entities. At present, the activity statistics is subjected to a continuous pressure because they have to work with data increasingly broken down, and at the same time, with an increasing comparison with other institutions.
In addition, the law on the role of the public statistics is adapted to the legislation on the protection of personal data and ensures respect for personal privacy, as it establishes and regulates the statistical secrecy to protect the personal data relating to natural or legal persons obtained through statistical activity.
The provision of personal data for the needs of the statistical system is of great importance to increase to the maximum the benefits in order to increase the quality of the public statistics. For this reason it guarantees the confidentiality of the information and personal data use is forbidden strictly non-statistical purposes only, in order to avoid its use in another area other than statistician.
The present law of the function of the statistics is, therefore, necessary to establish a legal framework to all official statistics, regular statistical activity, define the Organization of the statistical system and the fundamental rules by which governed the production of data, their protection and dissemination, and the various relationships that this activity involves; and at the same time ensure a coordination with the international statistical system in order to promote the use of international concepts, classifications and methods with the aim of ensuring more coherence and comparability between statistics at European level and globally.
In this way, the law increases the confidence in public statistics and gives the Department of statistics the independence, the guarantee of impartiality and the requirement of a high quality in accordance with the European Statistical System and with the principles set out in the code of good practices of European statistics.
The structure of the law, in short, provides chapter first the object, the technical definitions of statistics and the scope of application of the law.
The second chapter refers to the regulation of the activity statistics. The first section sets out the guiding principles that should direct the activity statistics, relating to the independence and responsibility of the Department of statistics, adopting the code of good practices of European statistics. The second section is devoted to statistical secrecy and guarantee respect for fundamental rights, especially the right to privacy and to the protection of personal data. The third section refers to the obtaining of data, and choose clear to use the data from files and registers with the aim to optimize the use of available resources and avoid, to the extent that it can be, inconvenience to the citizens.
On the other hand, taking into account that the production of public statistics is a complex activity and that can only be properly developed in coordination and cooperation between administrations and with a climate that facilitates the collaboration of citizens, will dedicate special attention to aspects related to coordination between the public administrations. The fourth section refers to the methodology, taking as a reference the rules of international organizations for all procedures that include the activity statistics: the tabulation of the information and classifications used, such as the treatment of the data. The fifth and sixth section govern the protection and conservation of the statistical data, as well as the promotion and advertising of the official statistics.
The third chapter sets out the planning and organisation of the statistical activity, in accordance with the plans of statistics, which will have to be approved by law with a validity of four years and that will ensure a coordination of the statistical activities of the agencies members of the statistical system.
The fourth chapter regulates the statistical system of Andorra into three sections. Defines and organizes the activities of the country statistics in establishing a Department of statistics. In this Department of statistics will point out the General objectives and functions in the statistical coordination, the implementation of the statistical activity, the methodology, the production and dissemination of statistics. Finally, it regulates the collaboration between the bodies of the statistical system.
The fifth chapter regulates the system of sanctions, fines, sanctions will refer you to the corresponding law for procedural aspects and defines the competence to impose sanctions.
Finally, the law contains an additional provision, a transitional provision, repeal and final provision one.
Purpose and scope of application Article 1 Purpose the purpose of this law is to regulate the activity statistics, for national purposes, developed by the administration of the State and the entities that depend on it, its guiding principles, the organisation of the statistical system and its relations with the public administration, and the corresponding sanctions.
Article 2 Definitions
1. The statistics are quantitative and qualitative information, aggregated and representative that characterizes a collective phenomenon in a given population.
2. Development is the set of activities that aspire to create, consolidate and improve the methods, rules and statistical procedures used to produce and disseminate statistics, and also to design new statistics and indicators.
3. The production is the set of all activities related to the collection, storage, treatment and analysis that are necessary to compile statistics.
4. Dissemination is the activity of putting statistics and analysis available to its users.
5. The collection of data are surveys and other methods to get the information from various sources, including administrative sources.
6. The statistical unit is the basic unit of observation you wish to study, and that refers to a physical person, a household, a company or another type of operator to which the data relate.
7. direct identification is recognition of a statistical unit by name or last name, the address or a publicly accessible identification number.
8. indirect identification is recognition of a statistical unit by other means than direct identification.
9. The statistical activity is the collection, obtaining, preparing, processing, conservation and storage of data, as well as the publication and dissemination of the results. At the same time, it is considered statistical activity all processes which includes, are legally required or necessary technical: training, research, technological innovation, methodological and normative settlement. The statistical activity regulated by this law is done by using statistical data and administrative data. The statistical data are supplied directly with informants, statistical purposes exclusively; and administrative data, which come from the files and registers that open up in the possession of the public administrations.
10. The statistics is the statistical activity carried out from the field of public administration and in its scope of application provided for in article 3.
11. statistical agent is the servant or agent of the administration of indefinite which, in accordance with the provisions of this law, collects mandatory compliance information as an agent of the authority.
12. the statistical activity of public interest in Andorra is that it provides statistical information on the geographical, environmental, demographic, social and economic health of the Principality, as well as any other information determined by the Government.
13. The Department of statistics of the Government is the body designated by Law as responsible for all the activities public statistics of interest to Andorra.
Article 3 scope of application 1. The regulation contained in this law is applicable to the activity statistics for national purposes and effect: a) the general administration and the organs that depend on them;
b) semi-public and public bodies, organs that depend on them;
c) common and organs that depend on it, with the exception of the matters in which they have competition, in which you must apply supletòriament;
of) The natural or legal persons and institutes or university research centres that have signed an agreement or a contract with any of the organizations or bodies specified in previous letters.
2. This law is not applicable to election polls or opinion polls, regardless of who the user.
Regulation of the activity statistics Section first.
Principles of official statistics Article 4 principles of the official statistics the independence of the statistical activity with respect to other departments and agencies, politicians, regulators or administrative, as well as private sector operators, ensures the credibility of public statistics.
1. The mandate relating to the collection of data: The Department of statistics has a legal mandate to collect information for the preparation of public statistics. At the request of the Department of statistics, Governments, companies, households and the public in general have to provide the data required for the production of statistics.
2. Adequacy of resources: the resources available to the Department of statistics have to be sufficient to meet the requirements of the public statistics.
3. Commitment to quality: The Department of statistics works and cooperates in accordance with the principles set out in the criteria on the quality of the European Statistical System.
4. statistical Secret: it guarantees absolutely privacy of informants (households, companies, administrations and other respondents), the confidentiality of the information you provide and your exclusive use in statistical purposes.
5. Fairness and objectivity: The Department of statistics produces and disseminates public statistics respecting scientific independence and makes it objectively, professional and transparent, so that it will try all the users of the statistics in the same way.
6. solid Methodology: statistics for quality based on a sound methodology, which requires instruments, procedures and appropriate expertise.
7. appropriate statistical Procedures: A quality statistics are based on appropriate statistical procedures that have been applied from the collection to the validation of the data.
8. do not Charge excessive reviewers: the burden to provide information you must provide to the needs of users and should not be excessive for respondents. The Department of statistics controls the burden involved in responding to the survey and fixed targets for reducing it progressively.
9. Cost-effectiveness: The resources should be used efficiently.
10. Relevance: public statistics must meet the needs of users.
11. Accuracy and reliability: The public statistics should reflect the reality of how accurate and reliable.
12. Opportunity and timeliness: The public statistics have to disseminate in a timely manner and on time.
13. Consistency and comparability: The public statistics must be consistent in the internal area, over time and comparable between regions and countries; It is possible to combine and make joint use of related data from different sources.
14. Accessibility and clarity: The public statistics are presented in a clear and understandable, spread properly and convenient, and must be available; at the same time, it must allow access for impartial, with metadata and guidance support.
Statistical secret Article 5 the duty of statistical secrecy 1. Is meant by statistical secrecy obligation not to make public or communicate to any other person or entity, public or private, the knowledge acquired as a result of the statistical activity, as well as the obligation not to act on the basis of this knowledge.
2. The data protected by statistical confidentiality only can be transferred between the statistical bodies of the public administrations if they meet the following requirements, which must be checked by the person who has in custody: a) the information is requested by organizations, institutions or organizations that develop mainly statistical functions.
b) is justified enough the existence of a relationship between the requested information and statistical functions are the responsibility of the applicant.
c) That organizations, institutions or organizations whom the information are subject to statistical secrecy and have the necessary means to guarantee it.
d) that requested information must be assigned to the exclusive use of the receiver to perform statistical operations that these organisms have entrusted.
3. In any case, the provision of statistical data does not produce effects in any other area other than the purpose which motivated the request.
Article 6 application area of statistical secrecy 1. Is the object of protection and amparo for statistical secrecy all personal data, regardless of the sources of where obtained.
2. personal data shall be understood as data relating to natural persons or legal entities that allow the direct identification of the interested parties or to its structure, content or degree of disaggregation in allow indirect identification.
3. The informants have the right of access to personal data contained in files of any kind that statistical and obtain, where appropriate, the rectification of the errors they contain.
Article 7 Exemptions of statistical secrecy are not covered by the following data: a statistical secret) data that are of public knowledge and notorious, and which do not affect the privacy of individuals. These data are understood to be those that have been the subject of advertising, editing or registration in a public registry for those who is not subject to statistical secrecy; and enjoy the confidentiality and the rules of diffusion that specific legislation that is applicable.
b) the data and files that only contain relations of legal persons, establishments, companies or agencies of any kind if only contain the name, address, activity, the product or service, or other characteristics that are usually included in the records general distribution directories.
c) statistical services have to see these exemptions in the documents collection of the information.
Article 8 subjective Field of duty of statistical secrecy 1. Are obliged to keep secret all the statistics, organizations or institutions of any nature involved in any of the stages of the statistical activity.
2. The obligation to maintain the secret endures statistical after people forced to save it over their professional activities or their links to the statistical services.
3. Are also subject to the duty of statistical secrecy that, although I have not participated in the statistical process, have knowledge of data covered by this process due to the breach of the duty of confidentiality on the part of some of those required to comply with it.
Article 9 temporary Scope of duty of statistical secrecy 1. The duty of statistical secrecy starts from the time when the data are obtained, whether for direct communication of informants or by incorporating statistical purposes from other sources.
2. The duty of statistical secrecy, with the exception of the express written consent of affected that license the public consultation of your personal data, you have to keep until they have spent twenty-five years since the death of those affected, if you have knowledge, or fifty years from the supply of the information. Data on legal persons must be kept until fifteen years have passed since I received or supplied the information.
Article 10 breach of the duty of statistical secrecy the break of the duty of statistical secrecy gives rise to the responsibilities of compensation for damages in the terms established by the law, without prejudice to the criminal liability or disciplinary action that are required, in accordance with the provisions of this law and the rest of the legal system.
The third section.
The collection of data Article 11 Request and provision of information 1. The bodies of the statistical system can request data to gather information for the preparation of public statistics.
However, they will not request the data you already have every one of them.
2. statistical purposes information when requested, you must communicate to informants on voluntary or mandatory of the responses, the nature and the characteristics of the statistics is intended to carry out, the destination and the purpose of the information, the protection that provides the secret data and statistics supplied, the deadline to provide the information, as well as the sanctions , if necessary, for breach of the obligations contained in this law, as well as the rules that complement or develop.
3. the information must request always by direct request to the people or the relevant institutions, whether by mail, through the personal visit of the statistical agents duly accredited, or by any other means that ensure direct communication with the statistical services or its agents.
4. After the deadline to provide the information, if it is not provided within the period required, it will be considered incomplete the obligation, without express notification or declaration.
Article 12 persons obliged to provide information
1. All persons, natural or legal, public or private, either their nationality, who have residence, domicile, or who carry out any activity in the country, are required to provide the information that they require to develop the mandatory public statistics.
2. When data are required to carry out the compulsory public statistics activities in the possession of any public administration, public and semi-public bodies, the bodies, authorities and public employees responsible must provide these data.
Article 13 ways to provide information 1. The information you provide, whether it is a mandatory input as voluntary, it must be true, complete and accurate, must be within the deadlines set and has to adjust to the circumstances required by the regulations of each statistics.
2. The information required, in accordance with the regulations governing each particular statistics, you can provide in writing or on electronic media.
3. Those who supplied information have a duty to correct the inaccuracies they have incurred and provide corrected information in the terms and the conditions in which they did initially.
Article 14 mandatory response statistics 1. The requested subjects must answer mandatory statistics, when expressly so set up the plan of statistics; otherwise, when you specify that are voluntary response, it is not compulsory to provide this information.
2. All mandatory response statistics should report, expressly, the mandatory character of the supply of data to obtain the information necessary to draw up the statistics.
3. in the event that it is required to supply the information, we have also to inform of the sanctions that can be imposed for failing to collaborate or to provide data that is false, inaccurate, incomplete or out of time.
4. In any case, input are strictly voluntary and, consequently, can only be collected with the express consent of the interested parties the typology of data defined in article 15.
Article 15 voluntary Data and protection of the right to privacy 1. In accordance with the provisions of article 11 of the Constitution, can only raise the data likely to reveal political opinions and religious or ideological convictions with the express consent of the interested parties.
2. Any request for information with statistical purposes must respect the right to the honor and personal and family privacy and self-image, in accordance with the provisions of article 14 of the Constitution and with the rules governing the protection of personal data.
Article 16 administrative files and records 1. The formation of administrative records or files which may have significance in terms of the statistical sources, and especially those on their relationship with the statistical plan, they should facilitate, whenever possible, technically and financially, the adaptation of the tab stop, the filing and processing of the data in the statistical needs of the administration.
2. The modification, maintenance, update or the extension of the type of information included in these files, whenever possible, technically and economically, should be governed by the same principles as defined in the previous section.
3. The public statistics should be used as a priority source of data files and the registers and statistics available, in order to reduce the inconvenience to citizens and improve the efficiency of public spending. When for the realisation of public statistics is mandatory the use of explicit data recorded in administrative sources, are responsible for the files have to provide this information in a quick and flexible way.
4. The treatment of files or registers should respect the current regulations on the protection and processing of data.
Other principles Article 17 statistical methodology 1. The Department of statistics has to apply and promote a set of CPU cores, classifications and definitions, and also any other methodological feature that contributes to facilitate computer processing or to standardize and homogenize the public statistics activity in the country, so that will allow them to compare and integrate the data and the statistical results, both among themselves and with other international institutions.
2. The Department of statistics must meet these technical standards to the international technical recommendations, and should apply mainly an European approach of the public statistics, which consists of providing statistical information according to the European statistical aggregates. The statistical plan should determine what technical standards are international and European statistical aggregates which are of application by the Department of statistics.
3. These rules are compulsory for public statistics of interest in Andorra that make institutions and organs that make up the statistical system of the Principality.
Article 18 Objectivity, correctness and technical speciality 1. The activity statistics will have to be made with objective criteria and in accordance with a scientific methodology that guarantees the correction technique.
2. By virtue of the principle of speciality, the data collected to produce statistics are intended for the purposes that justify the award.
Article 19 cooperation and Coordination the activity statistics has been to adapt the principles of strict coordination of internal statistical activity and the promotion of cooperation and external collaboration, through agreements and arrangements regarding statistics between the Department of statistics and other public administrations, public and parapublic organizations and private, in order to ensure the maximum utilization of the statistical activity of common interest and to avoid unnecessary duplication of these operations.
Statistical Quality article 20 1. To ensure the quality of the results, the public statistics are developed, produced and disseminated in accordance with uniform standards and harmonised methods. That's why we have to apply the criteria of quality mentioned in the principles of the official statistics following: relevance, accuracy and reliability, the opportunity and punctuality, accessibility and clarity, and coherence and comparability.
2. To apply quality criteria set out in the previous section, the Department of statistics has to draw up an annual report on the quality of the statistical activity of the country that will deliver to the General Council every year before 31 January of the year following the of the report.
Protection and conservation of the statistical data Article 21 maintenance and custody of the information 1. The statistical services guard and retain the information collected to produce statistics, although they have disseminated the results and take the necessary security measures to guarantee the principles of this law.
2. The conservation of the information does not imply necessarily that of its original supports, provided that the record in electronic media.
3. However, at the time that the statistical services consider that the information is unnecessary, can destroy any information, with prior notification to the Department of statistics and in accordance with the regulations in force in the field of conservation and elimination of the documentation of the administration.
Article 22 Special Protection of personal data 1. Are the subject of a special personal data protection, which serve for the immediate identification of informants: have to be dissociated from the other data before processing any information, they have to deal with on their own and store with a special security, and only need to be accessible to the personnel subject to statistical secrecy.
2. The personal data of the type which corresponds to the defined in article 15, obtained with the express consent of the interested parties in order for these remain completely anonymous form, they must be destroyed.
3. Personal data shall be destroyed at the time in which no longer necessary for the development of statistical activities.
The sixth section.
Dissemination, advertising from the official statistics Article 23 official Character of results 1. The results of the public statistics of interest to Andorra makes the public Department of statistics, so that they acquire the official character.
2. The staff linked to the services responsible for the preparation of the statistical activity regulated in this law, and the natural or legal persons who collaborate, under agreements, conventions or contracts, have to keep confidentiality by reason of their professional work, until these results are made public.
3. This reservation has to be kept irrespective of the obligations deriving from compliance with the statistical secrecy.
Article 24 Broadcast statistics the Government must provide the necessary means to make public and disseminate methodological characteristics and the results of the public statistics of interest to Andorra, and facilitate the access of interested parties to unpublished results, taking into account the criteria of the predominance of the public interest, of rationality of spending, and in accordance with the regulation of statistical confidentiality and respect for the rules.
Article 25 implementation of the statistical results Are statistical results of public interest in Andorra can be applied to relationships and legal situations in which the general administration has competition.
Article 26 consultations and specific applications of statistical information 1. Anyone, at any level of disaggregation technically available, if not undermines the protection of statistical confidentiality, you can consult the statistical results, both officials as those who do not are.
2. Any interested party may request specific statistics farms, provided that this request does not counter the statistical secrecy and join the guarantees sufficient techniques.
3. Requests must be addressed to the Department of statistics, which should provide the information requested according to the availability of the resources of the body which manages the results, and must weigh the demands in accordance with the public interest.
4. Any person may apply to the Department of statistics the certification of official statistical results.
5. Universities and research centres officially recognized can subscribe agreements with the Department of statistics, with the aim of promoting scientific research. In order to preserve the secret statistics, the Department of statistics has to supervise the process of consultation of the statistical data.
6. The Government, on the proposal of the Department of statistics, establishes a public price for queries and requests statistics in its various forms.
Planning and organisation of the activity statistics Article 27 the plan of statistics 1. In order to sort, deferred and systematise statistical activity of public interest to Andorra, he has to prepare the statistical plan. Each of the statistics that are part of this plan will have to expressly mention if they are of obligatory completion or if they are voluntary response.
2. The statistical plan has been approved by law and has a term of four years, except that the plan sets a different deadline.
3. If, when the validity of each of the plans, was not approved you will need to govern for the next period, the plan shall be considered extended until it is approved by the new, with the exception of the operations that have been to exclude or include under pre-established deadlines for its start or finish.
Article 28 Content of statistics The statistical plan must collect at least: a) the specification of the public statistics activities of interest for Andorra in which to influence during the period of validity, and the budgetary provisions needed to finance it.
b) Are essential aspects of each one of the statistics, such as the objectives, the periodicity, the purpose and the general description of the content; the organisms that have to intervene in the production; the Group of people to whom the information relates and, in the event that it is necessary, the subjects required to provide information and protection that dispenses the statistical secrecy.
c) the calendar for the dates of publication of the various statistics and results for the following year.
d) a schedule of statistical activities for 4 years.
e) international technical standards and European statistical aggregates of application.
Article 29 the elaboration and approval of statistical plan
1. The Department of statistics the statistical plan project, taking as a basis the proposals and requests made by the public sector.
2. Can also request the inclusion of public statistics of interest to Andorra in this plan are organisms that are part of the statistical system of Andorra, entities, companies, corporations and associations that represent specific interests, and economic and social agents.
3. Once made the statistical plan, the Government has to submit, for approval, to the General Council, in accordance with the provisions of article 27.2.
Article 30 statistical plan development: annual statistical programmes 1. The statistical plan has been developed and finalized by statistical programs with annual duration, extendable while not approved a new program.
2. The annual programme has to create the Department of statistics and must approve the Government.
3. each annual statistical programme should specify the statistical activity that is necessary to develop each year, and must collect at least: a) the record expresses the fact that complies with all of the statistical plan;
b) the content, the objectives and the purpose of the program, and also the relationship of the operations that will be carried out during the period of validity;
c) technical standards that regulate each operation and the dissemination of the results;
d) the calendar of performances and the organisms that should intervene in each transaction;
e) media and financial for each operation;
f) subjects of which information is required and the protection that dispenses the statistical secrecy.
Article 31 statistics Activity not included in the Statistical Plan 1. The organisms that make up the statistical system of the Principality can do, its own purposes, statistics not included in the Statistical Plan, which must comply with the principles and rules established in this law, and the rules that develop.
2. These statistics can purchase official character when, with the favourable report from the Department of statistics, I remember well the Government and make the results public.
3. In the dissemination of the results of these statistics must be stated if it is included in the statistics statistical plan or not and you have to acknowledge the source that has made.
Article 32-approval of statistical results 1. The approval of the results of the operations of public statistics of interest to Andorra should be done in accordance with what you have for each one the statistical plan, in the annual statistical programmes or in the rule that authorises the processing. In the event that there is no established provision in this respect, the approval is up to the Department of statistics.
2. However, if the statistic has been entirely produced by an organism of the statistical system of the Principality solely for their own purposes, approval corresponds to this body responsible for preparing it.
The fourth chapter.
Statistical system of Andorra first section.
General provisions Article 33 The statistical system 1. The statistical system of the Principality is the organization formed by the set of institutions and bodies that carry out the activities and processes of relationship between the institutions, which together generate as a result public statistics in the country.
2. Under the terms of article 3 the statistical system of the Principality is composed by: a) the Department of statistics of the Government.
b) Are public bodies, the STA and the organs that depend on that carry out statistical activity.
c) Are common and the organs that depend on that carry out statistical activity.
of) The natural or legal persons and institutes or university research centres that have signed the agreement or contract with any of the agencies or specified in the previous letters.
These organisms may have its own statistical bodies carry out the statistical activity in the field of their respective competencies.
Article 34 of the information Organization of the public administration organs and the institutions that make up the statistical system sorted the records and archives of its activities which may be of use statistics and the computerised in order to facilitate the use of administrative data for statistical purposes, in compliance with the principles set out in this Act and the regulations in force on the protection of personal data.
Department of statistics Article 35 Department of statistics In the Department of statistics of the Government is responsible for the functions of planning, standardization, coordination and management of the statistical system of the Principality.
Article 36 general objectives correspond to the Department of statistics: a) ensure compliance with the principles of this law, as well as to propose, develop and implement the necessary instruments for their achievement.
b) Coordinate, collaborate and promote the statistical activity of the organs that constitute the statistical system of the country.
c) integrate and homogenize the activity statistics with that of other statistical bodies, both in the country and abroad.
Article 37 functions of the Department of statistics 1. For the achievement of its objectives in the area of the homogenizing and statistical coordination, the Department of statistics has the following functions: a) to design and develop the public statistics through the plan of annual statistics and statistical programs.
b) Reported previously, and mandatory, for all statistical projects to be developed in the public administration.
2. In relation to the execution of the activity statistics, correspond to the following functions: a) lead and coordinate the activities of public statistics.
b) collaborate with common, public and parapublic organizations in the formulation of statistical projects.
c) to promote the training and professional improvement of the staff linked to the services responsible for the preparation of the statistical activity regulated in this law.
3. In relation to the statistical methodology, correspond to the following functions: to) Raise of statistical services, ministerial departments and of the entities dependent on the administration of the State information about the methodology used in the execution of each statistics and other technical characteristics.
b) to promote the standardization and unification of technical requirements of the activity statistics, developing and approving the technical standards regarding the concepts, definitions, classifications, statistical modules, CPU cores and codes for the classification of data in order to homogenize the statistical data of the entire public administration and guarantee the comparison and integration of data and statistical results of the statistical system of the country.
c) publish and disseminate the methodology and the technical standards approved and ensure that apply and are met.
d) to promote, encourage and foster research in statistics.
e) facilitate access to statistical information in order to investigate.
4. In the field of production statistics, correspond to the following functions: to) carry out statistical activities assigned to it.
b) approve or inform the approval, when appropriate, of statistical results.
c) Collect and store in a systematic way the statistical documentation available.
d) to develop and maintain an integrated system of demographic and social statistics, economic accounts of social and economic indicators of the Principality.
e) create, maintain and manage banks or databases of statistical interest for Andorra.
f) Issuing reports on the questionnaires, the administrative procedures, databases and computer applications of the public administration that affect the records necessary to carry out the statistical activities.
g) to promote the use and the use, with statistical purposes, data from administrative sources.
5. In the field of the dissemination of the statistical results, correspond to the following functions: a) made public, when appropriate, the results of the statistics and to promote the dissemination of available in the country.
b) Issue certificates of official statistical results.
c) to communicate to the various organs and institutions that make up the statistical system of the Principality the data and files that have been used for the development of statistics, in terms of statistical secrecy.
d) create and maintain a bibliographical and statistical documentation service.
e) draw up an annual calendar for the dissemination of results and statistical publications.
6. In the area of institutional relations in statistics, correspond to the following functions: a) to coordinate the relations in statistics with the rest of the public administrations and channelling requests and statistical research receptions of the organs of the administration.
b) Collaborate on statistics with the common and the rest of the public administrations, such as supra-State bodies, and agencies or entities of any nature deemed appropriate for the full development of the statistical activity of interest to the country.
c) Subscribed agreements and Covenants with the common, the public authorities, the private and parapublic organisations to produce public statistics.
d) report any agreement or statistical content agreement with other public or private entities.
e) Participate in relationships with other international statistical agencies and central statistical offices of other countries.
7. For the fulfillment of its objectives, have any other function statistics that expressly requested or the regulations.
The third section.
Collaboration between the bodies of the statistical system Article 38 the functions of statistics correspond to bodies of the statistical system the following functions: to) participate and make all the proposals they deem appropriate in the execution of the activity statistics.
b) elaborate statistics for own and with special attention to the statistical exploitation of the data derived from their administrative performance.
c) to carry out all operations statistics, or phases of operations, that the infected are annual statistical programmes.
d) collaborated with the Department of statistics in the tasks of normalization and homogenization of the statistical activity.
Sanctioning Section first.
Common provisions Article 39 infractions and charge 1. The breach of the obligations contained in this law, as well as the rules that complement or develop, is a violation of administrative statistics.
2. it is considered responsible for the offences covered in this law the individuals or legal entities to which they are assessed against the action or omission constituting the offence.
3. Legal persons have to respond for the payment of penalties imposed as a result of the offences committed by its organs, employees or agents.
Article 40 competent bodies 1. Sanctioning of infringements provided for in article 43 the person who occupies the position of director with competence in the field of statistics, in the case of minor offences, and the Government in the event of serious or very serious offences.
2. Sanctioning of infringements provided for in article 44 should be applied in the terms provided for by the law of 15 December 2000, of the public function, when the offenders belong to the personnel at the service of the public administration, and in the provisions in the previous paragraph when violators are personal collaborator.
Article 41 disciplinary Principles Are applied to what is established in the present regulations, the principles of sanctioning powers contained in the regulations of the legal regime of public administrations and common administrative procedure.
Article 42 Procedure 1. The offences established in this law are subject to administrative sanction, with the previous instruction of the corresponding record sanctioning, which, while respecting the principles contained in the regulations of the legal regime of public administrations and common administrative procedure, they should be instructed in accordance with the provisions of the regulations of the disciplinary officer of the Government of Andorra.
2. In the event that the offenders are public employees, are applying the provisions that regulate their disciplinary procedures.
Infractions and sanctions Article 43 Administrative Violations of required to provide collaboration 1. The administrative offences committed by natural or legal persons required to provide statistical collaboration are classified as minor, serious and very serious.
2. Are considered minor infractions: in) does not provide required information or statistical purposes do so outside the time limit, provided that this does not cause serious damage.
b) supply the required information requested with data incomplete or non-existent, so different to the established, provided that these facts do not cause serious damage.
3. Are considered serious violations: a) The set forth in letters a and b of the preceding paragraph, provided that it causes serious damage.
b) recidivism in the minor infractions Committee within a period of two years when the sanction imposed in the previous ones have become firm in administrative.
4. very serious offences are considered: a) The recidivism in the Commission of serious offences within a period of two years when the sanction imposed in the previous ones have become firm in administrative.
b) failure to provide the required information requested or provide incomplete or non-existent data in a manner different to the established, whether they are voluntary media as required, when the offender acted with actual malice or gross negligence.
Article 44 those Administrative Offences carried out the statistical activity 1. The offences committed by natural or legal persons involved in carrying out the activity statistics, because they are part of its staff, or because there are collaborating under agreements, conventions or contracts, can be minor, serious and very serious.
2. minor offences are considered: a) The incorrectness with informants.
b) neglect or negligence with the fulfilment of the statistical functions.
c) the lack of communication or incomplete communication of the rules that must be observed in the fulfillment of the questionnaires, or of the documents of a similar nature, and of the penalties that may be imposed by law for your breach.
3. Are considered serious violations: a) The recidivism in the minor infractions Committee within a period of two years, when the sanction imposed in the previous ones have become firm in administrative.
b) established in letters a, b and c of the preceding paragraph, provided that it causes serious damage.
c) denial to teach the document certifying its status as a statistical staff in reporting that request.
d) failure to comply with the technical standards approved in statistics.
4. very serious offences are considered: a) The recidivism in the Commission of serious offences within a period of two years, when the sanction imposed in the previous ones have become firm in administrative.
b) The broadcast or communication to unauthorized people complying data for statistical secrecy.
c) the requirement of information to prepare statistics without the existence of the corresponding regulations.
of) the use of statistical data protected by statistical confidentiality for purposes not statistics.
e) Giving publicity to results that have been made officially public or without the relevant authorization from the Department of statistics.
f) Preserve data considered sensitive in the current legislation regarding the protection of personal data in such a way that it is possible to identify, directly or indirectly, the person who has provided voluntarily.
Article 45 penalties for infringements of article 43 1. Minor offences will be penalize with fines of up to 600 euros. The serious offences will be penalize with fines of 601 to 3,000 euros. Very serious offences will be penalize with fines from 3,001 to 30,000 euros.
2. When the offender has obtained a profit assessable and specifically by the Commission of the offences mentioned above to the maximum indicated in the previous section, it has to punish with fine of up to twice the benefit obtained.
3. The amounts of the penalties set out in the previous sections have been graduating from taking into account in each case the gravity of the offence, the nature of the damages caused, and the previous behaviour of the offenders, unless you already have been taken into consideration for the classification of the sanction.
Article 46 offences committed by officials and agents of the administration of indefinite civil servants or agents of the administration of indefinite of the different administrations, which are sanctioned by the Commission of an offence against the activity statistics, disciplinary responsibility equally offence for breach of statutory obligation to respect the law, in the terms provided for in the regulations.
Article 47 prescription of infringements 1. The minor offences prescribed in the period of one year; the grave, in a period of two years; and the very serious, at the end of three years.
2. The period of limitation will start counting from the day on which the infringement committed.
3. The prescription is interrupted at the moment in which, with knowledge of the interested party, the sanctioning procedure.
Article 48 Limitation of sanctions 1. The penalties imposed for minor offences prescribed in the period of one year; the serious offences are imposed by, within a period of a year and a half; and the very serious offences, imposed by two years.
2. The period of limitation starts counting from the time you acquire firmness the resolution which imposed the sanction.
3. The prescription is interrupted at the time that it starts, with knowledge of the interested party, the procedure of execution.
Article 49 other responsibilities 1. The administrative sanctions provided for in this section are imposed without prejudice to civil liability, or any other order that may attend.
2. When at any time of the sanctioning procedure will have knowledge of the existence of legal actions as a result of these facts, we must suspend this processing and has to restart, if necessary, when the judicial proceedings end by means of firm resolution or any other cause.
3. At any time the sanctioning procedure in which the competent bodies consider that the facts can also constitute criminal offence, they must notify the public prosecutor's Office. Once admitted the criminal procedure, the competent body for the resolution of the administrative procedure should be agreed to the suspension until until firm resolution of the criminal.
In order to adapt the statistical activity to the principles of coordination, or when the nature of certain statistics required, authorized the Department of statistics to establish agreements and agreements on statistics, subject to compliance with the rules of the present law, with the public administrations and public or private institutions, with the aim of ensuring the most information on the statistical activities of common interest and to avoid unnecessary duplication of statistical operations.
Transitional provision the statistical activity in course has to adjust to this law within a period of three months.
Repealing provision abolishes all the foregoing in this law that object.
Final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 18 April 2013 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra
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