Change Performance And Structural Statistics Regulation

Original Language Title: Änderung der Leistungs- und Strukturstatistik-Verordnung

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266. Regulation of the Federal Ministry of economy, family and youth, the Federal Minister of health, the Federal Minister for labour, Social Affairs and consumer protection, the Federal Minister of Justice, the Federal Minister of agriculture and forestry, environment and water management, the Federal Minister for transport, innovation and technology and the Federal Minister of finance, modifies the regulation about the performance and structural statistics on the production and service sectors (power and structural statistics regulation)

On the basis of sections 4 to 10, 19 and 30 of the Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999, as amended by the Federal Act, Federal Law Gazette I is no 92/2007, in agreement with the Chancellor ordered:

The regulation of the Federal Minister for Economic Affairs and labour, the Federal Minister for health and women, the Federal Minister of Justice, the Federal Minister of agriculture and forestry, environment and water management, the Federal Minister for transport, innovation and technology and the Federal Ministry of finance about the performance and structural statistics in the production and service sectors (power and structural statistics regulation), Federal Law Gazette II is no. 428/2003, as follows changed :

1. paragraph 1 No. 1:





"1.


"Annexes I to VIII of Regulation (EC) No. 295/2008 concerning structural business statistics and" 2. Article 2 is:

"The surveys are § 2 (1) over the preceding each calendar or fiscal year (period) for the first time in 2009 annually, in so far as paragraph 2 and 3 nothing else.

(2) the characteristics according to § 4 No. 6 lit. a to c are to collect, and at five-year intervals on the previous collection calendar or fiscal year (period) the first survey of the features





1.



According to § 4 No. 6 lit. (a) in the year 2013, with regard to the work sites in the year 2010,





2.



According to § 4 No. 6 lit. (b) in the year 2009,





3.



According to § 4 No. 6 lit. c in the year 2011, with regard to the work sites in 2010



has to be done.

(3) the additional characteristics in accordance with § 4 Z 10 (annex IV points 1 and 2) for the first time



"a) for the section 69 and group of 70.2 of the ÖNACE 2008 in 2009 and b) for the Department of 71 and the Group 73.2 of the ÖNACE 2008 in 2010 at two-year intervals to collect."

3. paragraph 3:

"Statistical units within the meaning of this regulation are § 3 (1)



1st company (single - and multiple operators), groupings of 2 and 3 establishments within the meaning of section 2 of the Corporation Tax Act 1988, if these entrepreneurs in the sense of § 2 paragraph 3 of the law on turnover tax in 1994, and waterworks, slaughterhouses, institutions to the waste disposal and the removal of water and waste, as well as the rental and leasing of land by public authorities, the emphasis on economic activities according to the departments 05-43 , 45-63, 66 to 82, as well as 95 according to § 4 paragraph 5 of the Federal Statistics Act 2000 in the Federal Statistics Austria set up and perform under the Internet address www.statistik.at published classification of economic activities (ÖNACE 2008) or service associated with such activity independently and regularly with the intention to achieve a yield or other economic advantage.

(2) statistical units within the meaning of this regulation are also



1 No. 3, the main economic activities in accordance with the sections B to N and P to S of the ÖNACE 2008 perform technical units (farms) and 2nd local units (workplaces) by companies in accordance with paragraph 1 Z 1 and establishments referred to in paragraph 1.

(3) statistical units within the meaning of this regulation are also company focused on doing economic activities according to the departments (except the groups 64.2 and 64.3) 64 and 65 of the ÖNACE 2008, as well as their local Einheiten (workplaces), the main economic activities in accordance with the sections 2008 perform B to N and P to S of the ÖNACE.

(4) companies, specialist units and local units are to understand no. 696/93 on the statistical units for the observation and analysis of the economy in the community within the meaning of articles 1 and 2 of Regulation (EEC).

(5) the location of the statistical unit is 2008 determined by the location of their classification of economic activity basically by assigning the respective activities of the ÖNACE. An economic activity is mainly exercised within the meaning of Regulation (EC) No. 1893/2006.

(6) single operating companies are companies that run only a business (a professional unit); Multiple operators are those that run several companies (several technical units).

(7) a joint venture is an amalgamation of several companies that are contractually committed to the joint implementation of a project and its commercial led (business leadership) is a company.

(8) of the economic activities referred to in paragraphs 1 and 2 Z 9 of the trade regulations exempt 1994 private rooms for rent pursuant to § 2 para 1 1994 (GewO 1994) and the Buschenschank pursuant to § 2 par. 9 of the GewO."

4. paragraph 4:

„§ 4. There are to collect:



1. all statistical units in accordance with article 3, paragraph 1 the characteristics of a) in accordance with Annex I points 1, 2 (without point 2.3.4), 3.1, 4 (without the points 4.1.1 to 4.1.15), 5th (without point 5.1.4), 6 (without point 6.3), 7 and 8, as well as b) in accordance with annex IV point 3;

2. in addition to the features according to no. 1 over all statistical units in accordance with § 3 ABS. 1, a) that focus on economic activities according to the departments of 05 to 39 and 41 to 43 of the ÖNACE 2008 exercise, the characteristics in accordance with Annex I points 2.3.4, 3.2, 4.1.1 to 4.1.4, 6.3 and 10.;

(b) that focus on economic activities according to the departments 05-36, 41 to 43, as well as the Group 38.3 of the ÖNACE 2008 exercise, in addition the characteristic in accordance with Annex I point 9.;

(c) the focus on economic activities in accordance with the sections 45 to 63, 66 to 82 and 95 of the ÖNACE 2008 exercise, the characteristics in accordance with Annex I points 4.1.5 to 4.1.15;

3. about operations (section 3 para 2 Z 1) the characteristics in accordance with annex II;

4. about places of work (section 3 para 2 No. 2) the characteristics in accordance with annex III points 1 to 4;

5. in addition to the features according to Z lit 1 and 2. (a) statistical units, which focus on economic activities 2008 exercise according to the sections 41 to 43 of the ÖNACE, the characteristic in accordance with Annex I point 5.1.4.

6. in addition to the features according to Z lit 1 and 2. (b) statistical units in accordance with § 3 ABS. 1, a) which focuses on economic activities pursuant to section 47 of the ÖNACE 2008 exercise, the characteristic in accordance with annex IV point 1, as well as about their workplaces in addition to the features in accordance with no. 4 the characteristics in accordance with annex III points 5 and 6;

(b) that focus on economic activities in accordance with section 46 of the ÖNACE 2008 exercise, the characteristic in accordance with annex IV point 1.;

(c) the focus on economic activities in accordance with section 45 of the ÖNACE 2008 exercise, the characteristic in accordance with annex IV point 1, as well as about their workplaces in addition to the features in accordance with no. 4 the characteristic in accordance with annex III point 5.;

7 statistical units focus on 2008 performing economic activities in accordance with the Division of 64 (except groups 64.2 and 64.3) of the ÖNACE, as well as their workplaces, the characteristics of a) of annex VI of to Regulation (EC) No. 295/2008, b) of annex I points 1, 2 (without point 2.3.4), 3.1, 4.1.12, 4.1.13, 4.7, 5.1 (without point 5.1.4), 5.2, 6.4 up 6.10, 6.12, 6.13 (without point 6.13.1) and 8. , c) of annex III points 1 to 4, d) of the annex IV point 3 and e) of annex V;

8 about companies, the main economic activities in accordance with section 65 (except the group 65.3) of the ÖNACE 2008 exercise, a) of annex V of to Regulation (EC) No. 295/2008, b) of annex I points 1, 2 (without point 2.3.4), 3.1, 4.7, 5.1 (without point 5.1.4), 5.2, 6.4 up 6.10, 6.12, 6.13 and 8, c) Appendix III points 1 to 4. , d) of the annex IV point 3 and e) system VI, points 1 to 23, each broken down by life insurance, health insurance, and property - casualty insurance;

9. about the company, which focuses on economic activities in accordance with the group 65.3 of the ÖNACE 2008 exercise, which in annex VII of Regulation (EC) No. 295 / 2008-run features.

10 in addition to the features in accordance with Nos. 1 and 2 lit over all statistical units in accordance with § 3 ABS. 1, 2008 performing economic activities in accordance with 62, 69, 71, 73 and 78 departments and groups 58.2, 63.1 and 70.2 of the ÖNACE focuses on. "b the characteristics in accordance with annex IV points 1 and 2."



5. paragraph 5 paragraph 1:



"(1) the characteristics of the survey are to collect in the following ways:"



1.

the characteristics in accordance with Annex I point 1 by extending the data of the register of companies in accordance with § 25 of the Federal Statistics Act 2000;

2. the characteristics in accordance with Annex I point 2 through procurement of administrative data from the main Association of Austrian social insurance institutions;

3. the characteristics referred to in annex I section 4.1 (except the points 4.1.1 to 4.1.15) through procurement of administrative data from the tax authorities;

4. the characteristics referred to in § 4 Z 7 and 10 (except the characteristics in accordance with Annex I points 1, 2.1, 2.2, 2.3.1 to 2.3.3, 2.3.6, 5.1.1 to 5.1.3, Appendix III, annex IV point 1) through procurement of administrative and statistical data of the Austrian National Bank, unless legitimate confidentiality interests pursuant to § 10 para 6 of the Federal Statistics Act 2000 are not affected

5. the characteristics referred to in § 4 Z 8 (except the characteristics in accordance with Annex I points 1, 2.1, 2.2, 2.3.6, Appendix III, annex IV point 3.) through procurement of administrative data of the financial supervision authority;

6. the characteristics referred to in § 4 Z 9 through procurement of administrative data (according to § 30 of the Pension Fund Act as well as form - and year reporting regulation, Federal Law Gazette II No. 419/2005) the financial supervision authority;

7. all other characteristics in accordance with article 4 by survey for the statistical units, as far as the survey through procurement of administrative and statistical data is not possible in some cases."

6. in section 5, paragraph 2, first sentence, is the expression ", BGBl. II Nr 210/2003, and" by the expression "(Verordnung BGBl. II Nr. 210/2003)," and the expression ", BGBl. II No. 233/2003," by the phrase "(Verordnung BGBl. II Nr. 233/2003) and the tax statistics regulation, Federal Law Gazette II No. 229/2003," replaced.

7 paragraph 6:

"Section 6 (1) surveys in accordance with article 5, paragraph 1 Z 7 and para. 2 consists information disclosure in accordance with § 9 of the Federal Statistics Act 2000 on:"



1. statistical units referred to in article 3, paragraph 1 Nos. 1 and 3, the main economic activities a) according to the departments 05-43 of the ÖNACE 2008 exercise, with 20 and more employees, as well as their associated units pursuant to § 3 para 2;

(b) in accordance with sections 45 and 46 as well as 47.73 of the ÖNACE 2008 exert the class, with one in the period achieved total sales excluding sales tax from EUR 3 million, as well as their associated units pursuant to § 3 para 2;

(c) pursuant to section 47 (without class 47.73), 49.4 and 79.1 groups as well as the class 52.29 of the ÖNACE 2008 exercise, with a total turnover achieved during the reporting period, exclusive of VAT from 1.8 million euro, as well as their associated units pursuant to § 3 para 2;

(d) in accordance with the sections H (without group 49.4, as well as class 52.29), I, J, L, M (excluding section 75) and N (without group 79.1), as well as the departments 66 and 95 of the ÖNACE 2008 exercise, with a total turnover achieved during the reporting period, exclusive of VAT from 850 000 euro, as well as their associated units pursuant to § 3 para 2;

(e) in accordance with section 75 of the ÖNACE 2008 exercise, with a total turnover achieved during the reporting period exclusive of VAT from 300 000 euro, as well as their associated units pursuant to § 3 para 2;

(f) in accordance with the Group 58.2, the classes 62.03, 62.09, 63.12, 70.21, 73.12 and the subclass 73.11-2 of the ÖNACE 2008 exercise, with 10 or more employees in the annual average of the reporting year, as well as their associated units pursuant to § 3 para 2;

(g) in accordance with the departments of 69, 71 and 78, the Group 73.2, the classes 62.01 and 62.02, 63.11, 70.22 subclass 73.11-1 of the ÖNACE 2008 exercise, with 20 or more employees in the annual average of the reporting year, as well as their associated units pursuant to § 3 para 2;

2. statistical units referred to in article 3, paragraph 1 Z 2 from a total order value excluding sales tax of one million euros.

(2) the obligation to supply information according to para 1 subpara 1 lit. a consists of the reporting period in which the conditions apply, even if does not pass the statistical unit during the entire reporting period, with the number of employees at September 30, the period is crucial.

(3) is total revenues of all through the obligation to supply information according to para 1 subpara 1 lit. a and paragraph 2 covered departments 05-43 of the ÖNACE 2008 not at least 90% of the total turnover of all companies operating in this branch of statistical units in one of the sectors of the economy in accordance with, there is the obligation to supply information about statistical units in accordance with article 3, paragraph 1 Nos. 1 and 3 with less than 20 employees, unless this year concluded on September 30, the corresponding to the reporting period calendar year in the period of 12 calendar months preceding this date or the last in total sales () achieved by at least one million euro VAT exclusive).

(4) in the case of the surveys of the characteristics in accordance with annex IV points 1 and 2. information disclosure is pursuant to para 1 subpara 1 lit. f and g specified employment figures.

(5) to the information that natural or legal persons and registered partnerships are committed, operate a statistical unit which pursuant to paragraphs 1 to 4 information obligation, on his/her own behalf. An entrepreneur commissioned in 1994 a fiscal representative in accordance with article 27, paragraph 7 and 8 of the law on turnover tax, the fiscal representative to the information is required."

8 paragraph 8 section 1:

"(1) the respondents pursuant to section 6 para 5 are required by the Federal Agency Statistics Austria placed survey forms fully and to the best of our knowledge to fill in and that in 2009 carried out surveys until October 31, 2009, and subsequently until 30 September of the year of the Federal Agency at the address indicated on the survey form following the reporting period to submit."

8A. In § 8 paragraph 2 the word is "may" replaced by the word "can".

9 § 9 is as follows:

„§ 9. At the request of the Federal Agency, the data have to be



"1 article 5 par. 1 Z 2 by the main Association of Austrian social insurance institutions, 2. § 5 par. 1 Z 3 of the Federal Ministry of finance, 3. § 5 par. 1 Z 4 by the Austrian National Bank, 4. § 5 para 1 Nos. 5 and 6 of the financial market authority, within four weeks of the Federal Agency for free on electronic data carriers or through of an internetwork with the Federal Agency to provide to make."

10 paragraph 11 paragraph 1:

"(1) that Statistics Austria has Federal Agency the results of performance and structural statistics in accordance with article 8 of Regulation (EC) No. 295/2008 the Statistical Office of the European Commission (Eurostat) to deliver."

11. in article 11, paragraph 2, the phrase "Federal Statistics Act 2000" by the word order is "of the Federal Statistics Act 2000 no later than nine months after the date fixed in article 8" replaced.

12. in article 11 par. 2 Z 1 and 2 and paragraph 3 Nos. 1, 3 and 4 is the phrase "of the annex to Regulation (EEC) No 3037/90" replaced by the phrase "of the ÖNACE 2008".

13. in section 11 Z 1 after the word "Production value" is in paragraph 2 the expression ", gross operating surplus" inserted; in para 2 No. 3 after the word "Departments" and in paragraph 3 No. 2 after the word "will be groups" each the word sequence "of the ÖNACE 2008" inserted.

14 paragraph 13 together with the heading:

"Reimbursement of costs



Section 13 (1) of the Federal Agency deserves for the creation and publication of statistics on the characteristics in accordance with § 4 Z 10 related expenses pursuant to § 32 para 4 No. 1 of the Federal Statistics Act 2000 a provisional additional cost compensation amounting to the following:



1. in the year 2009: 48 297 euros, 2nd in the year 2010: 52 924 euro, 3. in the year 2011: 50 549 euros, 4th in the year 2012: 52 065 euro, 5 in the year 2013: 53 627 euro.

The final reimbursement of costs is to make each on the basis of the annual accounts.

(2) in the year 2013 are to undergo the costs for the implementation of the statistics pursuant to this regulation of an evaluation and to redefine the survey years from 2014.

(3) the entitlement to reimbursement of costs in relation to the Federal Ministry for economy, family and youth."

15 following sections 14 and 15 and headings are added:

"Final and transitional provisions



14. (1) § 1 Z 1, sections 2 to 6, 8, 9, article 11 par. 1 and 3, § 13, including heading, the heading to § 14, § 14 paragraph 2 and article 15 together with heading and I & IV to VI as amended the regulation Federal Law Gazette II No. 266/2009 with the first month following the proclamation into force.

(2) the publication of the results of the performance and structural statistics over the period 2008 II No. 1 in the version of regulation BGBl. in addition in accordance with § 11 para. 2 No. 428/2003 must be made.

References



§ 15. As far as other legislation is referenced in this regulation, these are to be applied in the following version:



1. Regulation (EC) No. 295/2008 concerning structural business statistics, OJ No. L 97 of April 9, 2008, S 13;

2.

Regulation (EC) No. of 2223/96 on the European system of accounts at national and regional level in the European Community, OJ No. L 310 of 30 November 1996, S 1, as last amended by Regulation (EC) no 1392/2007, OJ No. L 324, December 10, 2007, S 1;

3. Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE revision 2 and amending Council Regulation (EEC) No 3037/90 of the Council, as well as some regulations of the EC on specific areas of statistics, OJ No. L 393 of 30 December 2006, S 1;

4. Regulation (EEC) no 696/93 on the statistical units for the observation and analysis of the economy in the community, OJ No L 76 of 30 March 1993, S 1, as last amended by Regulation (EC) No 1882/2003, OJ No. L 284 of 31 October 2003, S 1;

5. Regulation (EC) No. 451/2008 for the creation of a new classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93, OJ No. L 145 of June 4th, 2008, S 65;

6 Regulation (EC) no 1059/2003 on the establishment of a common classification of territorial units for statistics (NUTS), OJ No. L 154 of 21 June 2003, S 1, as last amended by Regulation (EC) No. 176/2008, OJ No. L 61 by March 5, 2008, S 1;

7 Act 1988 (KStG 1988), Federal Law Gazette No. 401/1988, as last amended by by-laws Federal Law Gazette I no. 81/2008;

8 Gewerbeordnung 1994 (GewO 1994), Federal Law Gazette No. 194/1994, as amended by Federal Law Gazette I no. 68/2008;

9 value added tax Act 1994 (UStG 1994), Federal Law Gazette no 663/1994, as last amended by Federal Law Gazette I no. 140/2008;

10 income tax Act 1988 (EStG 1988), Federal Law Gazette No. 400/1988, as amended by Federal Law Gazette I no. 140/2008;

11 Pension Fund Act, Federal Law Gazette I no. 281/1990, as amended by Federal Law Gazette I no. 107/2007;

12 regulation of the financial market authority (FMA) on the outline and message forms for the data in the financial statements in accordance with section 30 subsection 4 and section 30a (1) of the Pension Fund Act (form - and year reporting regulation - FBJMV), Federal Law Gazette II No. 419/2005;

13 regulation of the Federal Minister for Economics and labour and the Federal Minister of agriculture and forestry, environment and water management concerning short-term statistics in the producing area, Federal Law Gazette II No. 210/2003, as amended by regulation, Federal Law Gazette II No. 315/2007;

14 regulation of the Federal Minister for Economic Affairs and labour, the Federal Minister for social security and generations, the Federal Minister of Justice, the Federal Minister for transport, innovation and technology and the Federal Minister of finance concerning short-term statistics in the service sector, Federal Law Gazette II No. 233/2003, as amended by regulation, Federal Law Gazette II No. 30 / 2009;

"15. Regulation of the Federal Minister of finance and of the Federal Minister for social security and generations, with the statistical surveys on payroll, income, sales and corporate income tax and transfer payments are arranged, Federal Law Gazette II No. 229/2003."

16 in the system the points 3.2.1 (number of hours worked by part-time employees) account for I, 8.5 (value of tangible fixed assets acquired through finance leasing), 9 (indicators for research and development) along with all subdivisions, the breakdown in points 11.1 to 11.6 of the point 11 (purchasing of energy sources), as well as point along with 12 (spending for environmental protection) of all subdivisions; in items 4.6.1, 6.3.1 and 6.13.1 eliminates both the word "including:"; in point 8.2 of annex I and point 6.7 of the installation II is the word "gem" replaced by the word "under"; the point 10 (expenditure for and investment in environmental protection) as well as the first place of the subdivision points get point 9.; the point 11 (purchasing of energy carriers) will receive point 10.

17 in annex I be in point 5.1 the breakdown point "5.1.4 (business trip remuneration within the meaning of the collective agreement for the building industry and construction sector concerning the revision of the special refund (business trip allowances) of 20 April 2004, KV 229/2004)", in item 8.1.4 the subdivision into points "8.1.4.1 (Office machines, data processing equipment and facilities), 8.1.4.2 (radio, television and telecommunications)", in point 9.1 the breakdown in the points '9.1.1 (ambient air and climate) , (Waste management) 9.1.2, 9.1.3 (waste management), 9.1.4 (other environmental protection activities) ", in point 9.2 the breakdown in the points"9.2.1 (ambient air and climate), 9.2.2 (waste management), 9.2.3 (waste management), 9.2.4 (other environmental protection activities)"as well as in point 9.3 the subdivision into points"9.3.1 (ambient air and climate), 9.3.2 (waste management), 9.3.3 (waste management), 9.3.4 (other environmental protection activities)"inserted."

18. the annex IV is as follows:

'Annex IV



1. breakdown of sales according to Regulation (EC) No. 451/2008 2 breakdown of turnover by customer: resident, foreign territory (of which intra-EU, extra-EU) 3. direct guarantees in the context of occupational pensions (yes/no) "19." The add attachments to V and VI of the regulation; the plants V and VI are:

'Annex V



1. interest and similar income including income from fixed-income securities 2. Commission income 3. income from stocks, other securities and non-fixed income securities 4. income from participating interests and shares in affiliated undertakings 5. income/expenses from financial transactions 6 other operating income 7 expenses for severance payments and benefits to corporate staff provision funds 8 interest and similar expenses 9 10 Commission expenses other administrative expenses (expenses) and other operating expenses 11 Bank annex VI



1. premiums gross written premiums from the direct accounts 2. reinsurance share of the charged premiums from the direct accounts 3. premiums gross written premiums from active reinsurance 4. reinsurance share of the gross written premiums charged from active reinsurance 5. unearned premium reserve 6 reinsurance share of the premium carryovers 7 income from investments, including unrealized profits from capital assets 8 income from participations 9 revenue from rental of buildings and buildings 10 other underwriting income 11 reinsurance commissions including profit shares of the reinsurance levy 12 other not versicherungstechnische income 13 gross payments for 14 claims reinsurance share of the gross payments for claims 15 gross payments for insurance cases from 16 active reinsurance reinsurance share of the gross payments for claims from active reinsurance 17 change in the gross provision for outstanding claims 18 reinsurance share of the change in the gross provision for outstanding claims 19 performance-based or performance-related premium refund expenses (net) 20 change the gross premium reserve 21 reinsurance share of the change in the gross provision 22 change the other gross technical provisions 23 reinsurance share in change the "other gross technical provisions 24 number of the insurance company" Mitterlehner Stöger Hundstorfer Bandion-Ortner Berlakovich Bures Pröll

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