111. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on Labour Statistics and Housing Statistics 2010 (Acquisition and Housing Statistics Regulation 2010-EWStV 2010)

On the basis of § § 4 to 10 and 30 of the Federal Statistics Act 2000, BGBl. I n ° 163/1999, as last amended by the Federal Law BGBl. I n ° 125/2009, in agreement with the Federal Chancellor and the Federal Minister for Economic Affairs, Family and Youth, and with regard to § 14, shall be additionally assigned in agreement with the Federal Minister for Finance:

Arrangement for the preparation of acquisition and housing statistics

§ 1. The Federal Institute of Statistics Austria (Bundesanstalt) has, in order to fulfil Austria's obligations under Regulation (EC) No 577/98, to carry out a labour force sample survey in the Community, Regulation (EC) No 577/98. 2494/95 on harmonized indices of consumer prices and Regulation (EC) No 2223/96 on the European system of national and regional accounts in the European Community statistical surveys and on the basis of the data collected

1.		Labour force statistics and
2.		Housing statistics
for calendar quarters and years, and to be published.

Definitions

§ 2. For the purposes of this Regulation:

1.		Institutional budget : establishment, which mainly serves the accommodation and supply of certain categories of persons.
2.		Private household : All persons living in an apartment or other accommodation, insofar as they do not fall under Z 1.
3.		Overtime : paid or unpaid hours (overtime or extra hours) beyond the contractual working time, without the hours of time spent in the same period.
4.		Weekly rule work time : Usually, hours worked in hours, including regular overtime hours.
5.		Main activity : gainful employment with the most extensive regular working time of several gainful activities.
6.		Two-activity : Employment with a lower standard working time than in the main activity.
7.		Training field : The technical content of training courses.
8.		Apartment : Building in itself a part of a building which is self-contained and independent of the traffic, and which, according to its nature and size, is suitable for the satisfaction of an individual residential needs of people.
9.		Other accommodation : Accommodation which is not covered by Z 1 or Z 8 and is used to satisfy a residential need.
10.		Housing expenditure : Sum of the housing fee in the narrower sense (rent, repayment rate for condominig, usage fee for cooperative apartment) and the pro rata operating costs and current public charges within the meaning of § § 15 and 21 (1) and (2) of the rental law (excluding the heating costs) and the cost of garages and parking spaces connected to the apartment.
11.		Garages, parking spaces : Garages are constructional facilities, parking spaces clearly delimited, free floor surfaces for the delivery of motor vehicles.
12.		bPK-ZP : Area-specific personal identification number "Zur Person" according to Part 1 of the Appendix to § 3 paragraph 1 E-Government-Divisional Regulation (E-Gov-BerAbgrV), BGBl. II No 289/2004.
13.		bPK-AS : Area specific identifier "Official statistics" in accordance with Part 1 of the annex to § 3 (1) E-Gov-BerAbgrV.

Periodicity, continuity

§ 3. The surveys shall be carried out once a year in the case of private households in each calendar quarter and in the national budgets.

Survey characteristics, statistical units

§ 4. The following characteristics of persons living in private and collective households, of employed persons, of flats and of institutions are to be collected:

1.		The characteristics to be collected in accordance with Article 4 of Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community;
2.		-the number of employees, the country of birth, the country of birth of the parents, the occupation and the normal working time of the two-day job, the training field for initial and continuing training, the purpose of continuing training, further training during or outside working time, occupation a year ago, -related status, the reference to childcare allowance under the Child Care Money Act, the beginning and end of a carded service;
3.		the housing costs, the number of garages or parking spaces belonging to the apartments, the year of the termination of the contract and whether the rental contract is limited;
4.		the characteristics according to § 3 Z 3 to 5 of the Federal Act on the Building and Housing Register (GWR-Act) and
5.		the nature of the retirement budget.

Type of survey

§ 5. (1) The survey characteristics in accordance with § 4 (1) (1) and (2) are to be collected using area-specific personal identifiers (bPK) by obtaining statistics and administrative data without the name of the persons concerned in the following ways:

1.		The characteristics of the persons insured with a social security institution belonging to the main association of the Austrian social insurance institutions or entitled to benefits from a sickness insurance institution,
a)			Gender, year of birth and month of birth,
b)			Employment status, position in the occupation and sector of the local unit (workplace) in which the person concerned is employed (was), at the time of the survey and one year before the survey, and in the case of persons without gainful employment at the time of the survey last employment,
c)			Service number,
d)			the country and region of the place of work of the person concerned and the number of persons employed at that workplace,
e)			the salary or salary (contribution basis) of the person concerned,
f)			Year and month of the beginning of (last) employment at the time of the survey; and
g)			Any other activity as well as a position in the occupation and activity of the local unit of second employment
		by obtaining administrative data from the relevant social security institutions and health care institutions by the main association of the Austrian social insurance institutions;
2.		the characteristics of persons who are the beneficiaries of the labour market service, or those who receive benefits or are supported
a)			gender, year of birth, month of birth and nationality,
b)			Occupation and training as well as
c)			of the persons specified: type, beginning and end date and termination reason of the notice, period of exclusion in accordance with § 10 of the unemployment insurance act 1977, the desired duration and the desired employment extent of the job sought, Availability for a work intake, setting commitment,
d)			from the performers: the beginning and end date of the receipt of benefits and the nature of the benefits under the 1977 Unemployment Insurance Act; and
e)			of the persons assisted: beginning and end date of the receipt of aid and the nature of the aid under the Labour Market Service Act
		through the procurement of administrative data from the labour market service;
3.		the characteristics of the recipients of child care allowance
a)			Gender, year of birth, month of birth and nationality, and
b)			Start, end and height of child care allowance
		through the procurement of administrative data from the Lower Austrian Regional Health Insurance Fund;
4.		the characteristics of the workplaces
a)			the economic branch of the workplace;
b)			Number of persons working in this workplace and
c)			Service number
		by using data from the Register of the Statistical Units of the Federal Institute (§ 25a of the Federal Statistics Act 2000);
5.		The training characteristics of the persons according to § 4 Z 1 by using data from the Federal Institute for Education (§ 10 of the Education Documentation Act);
6.		the characteristics of the household members
a)			Gender, year of birth and month of birth, country of birth,
b)			the status of persons,
c)			Nationality and
d)			Duration of residence in Austria
		by the use of data from the reporting authorities;
7.		the wage or salary of the persons according to § 4 Z 1 by the use of the payroll data transmitted by the Federal Ministry of Finance according to the Tax Statistics Regulation and anonymized in accordance with § 15 paragraph 1 of the Federal Statistics Act 2000.

(2) The characteristics in accordance with § 4 Z 4 and 5 shall be made by using the data from the central building and housing register of the Federal Office.

(3) In the context of the sample in accordance with § 6 (Microcensus), the following shall be collected by questioning of the families of private households:

1.		the characteristics referred to in Article 4 (1) and (2), with the exception of the salary or salary of the person concerned, to the extent that these are not available as administrative data at the time of collection, and
2.		the characteristics according to § 4 Z 3 as well as the size and equipment of the apartment, the legal relationship to the apartment, the number of apartments in the building and the year of construction of the building.

Selection of the microcensus sample

§ 6. In order to collect the characteristics in accordance with Article 5 (3) of Regulation (EC) No 577/98, the Bundesanstalt has to determine the sample for the implementation of a labour force sample survey in the Community.

Implementation of the survey

§ 7. (1) § 6 (1) to (3), (7) and (8) (8) (1) to (3) of the Registration Counting Act shall apply analogously to the conduct of the survey in accordance with § 5 (1) and (2).

(2) For the survey in the context of the sample (§ 5 paragraph 3), the Federal Institute has to select households from the reporting data received for migration statistics in 1991 according to § 16b (7) of the Reporting Act and the encrypted bPK-ZP to send the members of the selected households to the Central Reporting Register in electronic form, which is linked to the respective encrypted bPK-ZP with the associated encrypted bPK-AS name, date of birth, gender and address of the selected households. Main residence of the person concerned of the Bundesanstalt in electronic form has to be announced.

(3) Within a period of ten years, a private household at the same sample address may only be used for consultation in up to five consecutive calendar quarters.

(4) For each private household included in the sample, the Bundesanstalt shall designate a reference week per calendar quarter, to be determined on the basis of the information given in the interview pursuant to Article 5 (3), provided that Regulation (EC) No 577/98 no other reference period. For the survey on housing expenditure (§ 5 para. 3 Z 2), the previous month of the survey shall be considered as the reference period. The reference weeks shall be distributed evenly throughout the year. As a rule, the survey has to be carried out in the calendar week after the reference week, but at the latest within five weeks after the reference week; only in the third quarter of the calendar further interviews are permitted in exceptional cases.

(5) The interviews shall be carried out either through the personal interview of Interviewern (face-to-face interviews), by telephone interviews or in writing. The selection from these survey methods is to be made by the Federal Institute in accordance with the principles of economy, cost-effectiveness and expediency.

Obligation to provide information

§ 8. All full-year family members of the private households included in the sample are obliged to provide information. In the case of minor persons, the exchange of information is the responsibility of the legal representative of the household. The same applies to full-year persons who cannot be interrogated due to a physical or mental fragil. However, the party responsible for providing information may entrust another full-year household or family member with the exchange of information.

Obligation to provide information to the parties responsible for providing information

§ 9. (1) The parties responsible for providing information (§ 8) are obliged to provide information in full and to the best of their knowledge and, in the case of a written survey, to fill in the survey forms issued by the Federal Office and to provide them with the Bundesanstalt. within three weeks to the address indicated in the survey document.

(2) The Bundesanstalt has to make provision for the written exchange of information and the transmission of the survey forms to be carried out by electronic means.

(3) A survey carried out at most in addition to the survey pursuant to § 5 (3) is not subject to the obligation to provide information, which the Federal Institute has to lecture on the respondents.

Obligations of the holders of administrative data

§ 10. (1) The main association of the Austrian social insurance institutions and the labour market service have the data according to § 5 (1) (1) and (2) monthly within two weeks after the end of a calendar month, the Lower Austrian territorial health insurance fund has the Data in accordance with § 5 paragraph 1 Z 3, the Federal Ministry of the Interior has the data pursuant to § 5 paragraph 1 Z 6 and § 7 para. 2 and the Federal Ministry of Finance has the data according to § 5 paragraph 1 Z 7 on request within four weeks free of charge on electronic To make volumes available.

(2) The Federal Minister of the Interior has to inform the Federal Office of the encrypted bPK-AS and the bPK-ZP of those household members who have been announced by the Federal Institute of the Federal Institute for the Interior of the Federal Office of the Federal Office of the Federal Office of the Federal Office of Interior (Bundesanstalt), about which the Federal Minister of the Interior has informed the Information was provided which, however, was not included in the transmission according to § 7 (2) of this address.

Information on the purpose of collection, data protection and information and co-action obligations

§ 11. (1) The Federal Statistical Office (Bundesanstalt Statistik Österreich) has to inform the parties responsible for providing information in accordance with § 8 before the first survey by means of a brochure on the purpose of the survey and the data protection measures taken.

(2) The Federal Institute of Statistics Austria has the right to provide information and to cooperate on the legal consequences in accordance with Section 66 of the Federal Statistics Act 2000 in the event of refusal of participation or information and in the case of knowingly incomplete or non-compliance with the law. to provide the best knowledge of the relevant information.

Publication

§ 12. Within nine months of the end of each calendar year or each calendar year, the Federal Office shall publish the main results of the survey in printed form and free of charge on the Internet. For the characteristics according to § 5 paragraph 1 Z 1 lit. e and Z 7 shall be the deadline for publication 21 months. For the annual results, the extent of the printed publication as well as the Internet version available free of charge shall be at least that of the reference year 2002.

Evaluation

§ 13. The Federal Institute continuously has an evaluation of the data quality (validity of the survey, sampling errors or Indication of confidence intervals) as well as the cost-effectiveness of the survey. The Federal Ministry of Labour, Social Affairs and Consumer Protection and the Federal Ministry for Economic Affairs, Family and Youth are to report annually on this. The report on the evaluation of data quality shall be made available to the public at the same time free of charge via the Internet.

Cost replacement

§ 14. The Federal Minister for Labour, Social Affairs and Consumer Protection has the Federal Institute for the Surveys and the compilation of the statistics pursuant to this Regulation and not in the lump sum according to Article 32 (5) of the Federal Statistics Act 2000 covered additional costs. The flat-rate cost compensation for this shall be EUR 1 425 000 per year from the calendar year 2010. The cost rate is based on the "consumer price index 2005" (or "consumer price index 2005"), which is determined by the Federal Institute. of the index which may be replaced by the index), with the index number for the month of January 2010 forming the basis of the initial index. However, the flat-rate replacement of costs does not change until an increase or a reduction in the rate of cost increases by more than 5%. The index value on which the increase or decrease is based shall then apply to the next calculation as the base number.

Use of gender-specific form

§ 15. 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.

References

§ 16. To the extent that this Regulation refers to other legislation, the provisions of this Regulation shall be applied in the following:

1.		Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community, OJ L 327, 31.12.1998, p. No. OJ L 77 of 14.03.1998 p. 3, as last amended by Regulation (EC) No 1372/2007, OJ L 378, 27.12.2007, p. No. OJ L 315, 03.12.2007 p. 42;
2.		Regulation (EC) No 2223/96 on the European system of national and regional accounts in the European Community, OJ L 327, 31.12.1996, p. No. 1), as last amended by Regulation (EC) No 400/2009, OJ L 327, 30.12.2009, p. No. OJ L 126 of 21.05.2009 p. 11;
3.		Regulation (EC) No 2494/95 on harmonized indices of consumer prices, OJ L 327, 31.12.1995, p. No. 1, as last amended by Regulation (EC) No 1882/2003, OJ L 297, 15.11.2003, p. No. OJ L 284, 31.10.2003 p. 1;
4.		Unemployment Insurance Act 1977, BGBl. N ° 609/1977, as last amended by the Federal Law BGBl. I No 5/2010;
5.		Labour Market Service Act, BGBl. No. 313/1994, as last amended by the Federal Law BGBl. I No 90/2009;
6.		Education document law, BGBl. No 12/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 24/2008;
7.		Federal Law on the Register of Buildings and Housing (GWR-Gesetz), BGBl. I n ° 9/2004, as last amended by the Federal Law BGBl. I No 125/2009;
8.		Federal Law on Regulations to Facilitate Electronic Transport with Public Authorities (E-GovG), Federal Law Gazette (BGBl). I n ° 10/2004, as last amended by the Federal Law BGBl. I No 125/2009;
9.		Federal Statistics Act 2000, BGBl. I n ° 163/1999, as last amended by the Federal Law BGBl. I No 125/2009;
10.		E-Gov-BerAbgrV, BGBl. II No 289/2004;
11.		Income Tax Act 1988, BGBl. N ° 400/1988, as last amended by the Federal Law BGBl. I No 140/2009;
12.		Child Care Money Act, BGBl. I n ° 103/2001, as last amended by the Federal Law BGBl. I No 116/2009;
13.		Reporting Act 1991, BGBl. No 9/1992, as last amended by the Federal Law BGBl. I No 45/2006;
14.		Leases Act, BGBl. No 520/1981, as last amended by the Federal Law BGBl. I No 30/2009;
15.		Register-count law, BGBl. I No 33/2006, as last amended by the Federal Law BGBl. I No 125/2009;
16.		Tax Statistics Regulation, BGBl. II No 229/2003.

Transitional provision

§ 17. Insofar as in the case of the holders of administrative and register data referred to in § 5 (1) Z 1 to 3 the bPK and encrypted bPK-AS of a person to be used for the survey pursuant to § 5 (1) is neither available nor with economically justifiable In place of the BPK, an existing social security number of the data subject shall be transmitted to the Federal Institute for the period until 30 June 2010. The transmitted social security number is to be deleted by the Federal Institute immediately after the bPK-AS has been produced.

Override

§ 18. The regulation of the Federal Minister for Economic Affairs and Labour on Labour Statistics and Housing Statistics, BGBl. II No 549/2003, enters into force with the expiry of 31 December 2009.

entry into force

§ 19. This Regulation shall enter into force 1. Jänner 2010 in force.

Hundstorfer