9. Regulation of the Oesterreichische Nationalbank concerning statistical surveys on exports and imports of services (LSEZE 2015)

On the basis of § 6 (3) of the Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 4/2015, shall be arranged:

Subject-matter

§ 1. For the purposes of compiling statistics in accordance with § 6 (1) of the Foreign Exchange Act 2004, the Oesterreichische Nationalbank (OeNB) shall, in the case of the statistical units referred to in § 2, export and imports of services according to the present Regulation in the calendar year 2015 or, in the case of a marketing year deviating from the calendar year, in that marketing year, which is completed in the calendar year 2015 (reference period). The data collected will be used to evaluate and update the population of the reporting population relevant to the reporting requirements in accordance with the reporting regulation ZABIL 1/2012 of the Oesterreichische Nationalbank.

Survey area, statistical units

§ 2. (1) Statistical units within the meaning of this Regulation are:

1.		companies,
2.		Working communities,
3.		Establishments of a commercial nature of public-law bodies within the meaning of Section 2 of the German Corporate Tax Act 1988, provided that they are engaged in a commercial or professional manner within the meaning of Section 2 (3) of the VAT Act 1994, and
4.		Associations of public bodies,
the emphasis on economic activities according to divisions 05 to 43, 45 to 63, 66 to 82 as well as 95 of the according to § 4 (5) of the Federal Statistics Act 2000 in the Federal Statistical Office of Statistics Austria and under the Internet address www.statistik.at published nomenclature of economic activities-ENACE 2008-or a service associated with such activity independently, on a regular basis and in order to obtain a yield or other economic activity Do some of the above.

(2) Companies are to be understood within the meaning of Articles 1 and 2 of Regulation (EEC) No 696/93.

(3) A working group is an association of several companies which have contractually committed themselves to the joint implementation of a project and the commercial management of which is the responsibility of one of these companies, irrespective of whether they are responsible for the joint execution of a project. External or internal company or as a mixed form.

(4) An association of public bodies is an association of several bodies of public law which are contractually bound to carry out an activity in accordance with divisions 36 to 39 of the nomenclature of the Economic activities ÖNACE 2008 or to a service associated with such activity, and perform such activities independently, on a regular basis and in order to obtain a yield or other economic benefits.

(5) In accordance with Article 2 (1) (9) of the Commercial Code 1994 (GewO 1994) and the Buschenschank pursuant to § 2 (9) of the GewO 1994, the business activity referred to in paragraph 1 is excluded from the economic activity referred to in paragraph 1.

Survey characteristics

§ 3. (1) The following characteristics shall be collected:

1.		the identification characteristics of the statistical unit;
2.		the total amount of proceeds from the cross-border services provided during the period (services exports); and the total amount of the proceeds from services provided to countries outside the EU (EXTRA-EU); Additional information on the two main partner countries in the extra-EU;
3.		the total amount of expenditure on cross-border services related to the reporting period (services import); and the total amount of expenditure on services originating from non-EU countries (EXTRA-EU) , as well as information on the two main partner countries in the extra-EU.

(2) Cross-border services shall be considered to be the types of services listed in the Annex to this Regulation.

Survey Type

§ 4. The survey characteristics are collected by the OeNB in the following ways:

1.		the characteristics referred to in Article 3 (1) (1) (1) (1) by using the data of the statistical unit register in accordance with Section 25a of the Federal Statistics Act 2000,
2.		all other characteristics in accordance with § 3 (1) by questioning.

Obligation to provide information

§ 5. (1) For questioning in accordance with § 4 Z 2 there is a duty to provide information on:

1.		Statistical units according to § 2 (1) (1) (1), (3) and (4), which focus on economic activities
a)			in accordance with Sections 05 to 43 of the ÖNACE 2008, with 20 and more employees,
b)			in accordance with divisions 45 and 46 and in class 47.73 of the ÖNACE 2008, with a total turnover of EUR 3 million excluding sales tax in the reporting period,
c)			exercise, according to Division 47 (excluding class 47.73), groups 49.4 and 79.1, class 52.29 and subclass 55.10-1 of the ÖNACE 2008, with a total turnover tax of EUR 1.9 million, excluding turnover in the period under review,
d)			exercise, in accordance with sections H (excluding Group 49.4 and Class 52.29), I (excluding subclass 55.10-1), J, L, M (excluding Division 75) and N (excluding Group 79.1), as well as divisions 66 and 95 of the ÖNACE 2008, with a reference period of Total sales tax excluding VAT from EUR 900,000,
e)			in accordance with Division 75 of the ÖNACE 2008, with a total turnover tax of EUR 300,000 excluding sales tax in the period under review,
f)			in accordance with Group 58.2, classes 62.03, 62.09, 63.12, 70.21, 73.12 and subclass 73.11 2 of the ÖNACE 2008, with 10 and more employees on average annual reporting period,
g)			exercise, in accordance with sections G, H, I, J, L, M, N (without the group 58.2, classes 62.03, 62.09, 63.12, 70.21, 73.12 and subclass 73.11-2) and divisions 66 and 95 of the ENACE 2008, with 20 and more employees on the annual average of Reporting Period
2.		Statistical units in accordance with § 2 (1) (2) (2) (2) above and above a total order value of one million euro.

(2) The obligation to provide information in accordance with paragraph 1 Z 1 lit. a consists of the reporting period in which the conditions are met, even if the statistical unit did not pass throughout the entire reporting period, with the number of persons employed as at 30 September of the reporting period is decisive.

(3) The total turnover of all the information required by the obligation to provide information pursuant to paragraph 1 (1) (1) (1). a collected statistical units in one of the economic activities according to divisions 05 to 42 of the ÖNACE 2008 do not at least 90% and according to Division 43 of the ÖNACE 2008 do not make at least 60% of the total turnover of all the activities in this branch Statistical units within the meaning of § 2 (1) (1), (3) and (4) shall also be required to provide information on statistical units in accordance with § 2 (1) (1), (3) and (4) with fewer than 20 employees (including personal and foreign personnel), provided that these units are in the Reporting period a turnover (excluding VAT) of at least

1.		1.5 million euro in economic activities according to divisions 05 to 42 of the ÖNACE 2008
or
2.		2.5 million euro in the sector according to Division 43 of the ÖNACE 2008.

(4) For the purpose of providing information, those natural or legal persons as well as registered partnerships are obliged to operate a statistical unit, which is subject to the obligation to provide information pursuant to para. 1 to 3, in its own name, and which is responsible for the exchange of information. by transmission of the access authorization for the exchange of information (§ 6). If an entrepre has commissioned a fiscal representative pursuant to § 27 (7) and (8) of the 1994 VAT Act, the Fiscal Representative shall be responsible for the exchange of information provided that the access authorization has been sent to him for electronic reporting (§ 6). is committed.

Survey

§ 6. The survey (§ 4 Z 2) is carried out by an electronic survey form, which is designed in a uniform manner in Germany, to which the operators of statistical units are required to provide information (§ 5), or in the case of § 5 (4), second sentence, to the FiscalRepresentative, the necessary access authorization is sent in letter.

Obligation to provide information to the parties responsible for providing information

§ 7. (1) The parties responsible for providing information (Section 5 (4)) shall be obliged to complete the electronic survey forms in full and to the best of their knowledge and to apply them electronically to the office specified in the survey form until 30 September 2016. ,

(2) In so far as the technical requirements for an electronic message are not fulfilled in the case of the party responsible for providing information, the party responsible for providing the information shall have this within two weeks after receipt of the access authorization for the survey forms of the Communicate the letter of delivery and address in writing. It will then be sent in paper form, which is to be filled in by 30 September 2016 and sent by post to the specified location and address.

(3) Where no proceeds or expenses arising from cross-border services are incurred during the reporting period, the survey forms shall be transmitted with a zero filling.

(4) Reported persons who, pursuant to Regulation ZABIL 1/2012 of the Oesterreichische Nationalbank, report on the statistical collection of cross-border trade in services, are subject to the obligation to provide information in accordance with § 5 of this Regulation.

Form

§ 8. To the extent that personal terms are used in this Regulation, they do not have a gender-specific meaning. They are to be used in the application to specific persons in the gender-specific form.

Final provisions

§ 9. (1) This Regulation shall enter into force with the day following its presentation in the Federal Law Gazans.

(2) With the entry into force of this Regulation, the Oesterreichische Nationalbank Regulation on statistical surveys on imports and exports of services and cross-border financial relations shall enter into force in the Official Journal. Wiener Zeitung No. 160 of 20 August 2009 repeal.

References

§ 10. To the extent that this Regulation refers to other legislation, the provisions of this Regulation shall apply in the following versions:

1.		Regulation (EC) No 1893/2006 laying down the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains, OJ L 327, 30.12.2006, p. No. 1., as amended by Regulation (EC) No 295/2008 OJ L 393, 30.12.2008, p. No. OJ L 97 of 9 April 2008 p.13;
2.		Regulation (EEC) No 696/93 on the statistical units for the observation and analysis of the Community economy, OJ L 327, 31.12.1993, p. No. OJ L 76 of 30 March 1993 p. 1, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21 November 2008, p. 1;
3.		Foreign Exchange Act 2004, BGBl. I n ° 123/2003 idF BGBl. I No 4/2015;
4.		Federal Statistics Act 2000, BGBl. I No 163/1999, in the version of the Federal Law BGBl. I No 40/2014;
5.		Industrial order 1994, BGBl. No. 194/1994, as amended by BGBl. I No 81/2015;
6.		Corporate Tax Act 1988, BGBl. No. 401/1988, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 118/2015;
7.		Sales Tax Act 1994, BGBl. No. 663/1994, in the version of the Federal Law BGBl. I No 118/2015;
8.		Registration Regulation ZABIL 1/2012 of the Oesterreichische Nationalbank concerning the statistical collection of international trade in services, Official Journal of the Wiener Zeitung. OJ No 186 of 26.9.2012;

Novotny Ittner

ANNEX

Services within the meaning of Section 3 (2) are:

1. Compensation for services in the context of wage processing

2. Maintenance and repair services n.e.c.

3. Transport services

Maritime transport services, air transport services, space transport services, rail transport services, road transport services, transport services of inland waterway transport, transport in pipelines, electricity transmission, other auxiliary and Secondary activities for transport, postal services, courier services.

4. Construction services

Preparatory construction works; building and civil engineering works; construction works; construction and construction assistance activities.

5. Insurance services

Premiums and benefits for transport insurance, property insurance, pure life insurance, reinsurance, pension funds and standardised guarantees; insurance assistance services.

6. Explicitly calculated financial services

7. Charges for the use of intellectual property n.e.c.

Licenses for trademarks and franchise agreements, licenses for the use of the results of research and development, licenses for the reproduction and/or distribution of computer software, licenses for the reproduction and/or distribution of audiovisual and related artistic rights.

8. Telecommunications, IT and Information Services

Telecommunications services, computer services (computer software, other computer services), information services (services provided by news agencies, other information services).

9. achievements of research and development

Research and development services as being systematically carried out to extend knowledge, buy/sell property rights to research and development results, other research and development achievements.

10. Professional services and management consulting services

Legal advice, auditing, accounting and tax consulting, corporate and public relations consulting, advertising, market research and opinion polls.

11. Technical Services

Architectural services, engineering services, scientific and other technical services.

12. Waste treatment and cleaning services

13. Services in agriculture, forestry and fisheries

14. Services in mining and oil and gas production

15. Operational leasing

16. Trade-related services

17. Other business-related services n.e.c.

18. Personal services, culture and leisure

Audiovisual and related artistic services, health services, educational services, services related to cultural heritage and leisure, other personal services.

19. Transithandel (purchases and sales)