30. Regulation of the Federal Minister for Economic Affairs and Labour, the Federal Minister of Health, Family and Youth, the Federal Minister for Justice, the Federal Minister of Transport, Innovation and Technology and the Federal Minister of Finance, with The Regulation on short-term economic statistics in the service sector will be amended

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 ° 92/2007, shall be assigned in agreement with the Federal Chancellor:

The Regulation of the Federal Minister for Economic Affairs and Labour, the Federal Minister for Social Security and Generations, the Federal Minister for Justice, the Federal Minister of Transport, Innovation and Technology and the Federal Minister of Finance on economic statistics in the service sector, BGBl. II No 233/2003, as amended by the BGBl Regulation. II No 49/2005, shall be amended as follows:

1. § 2 reads:

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

1.		Undertakings referred to in Articles 1 and 2 of Regulation (EEC) No 696/93 relating to statistical units for the observation and analysis of the Community economy and
2.		Entities within the meaning of Section 2 of the Corporate Tax Act 1988, provided that these entrepreneurs are in the sense of Section 2 (3) of the VAT Act 1994,
which are carried out in accordance with sections G, H, I, J, groups 70.2 and 81.2 as well as divisions 69, 71, 73, 74, 78 to 80 and 82 of the Federal Statistical Act 2000 in the Federal Statistical Office of Statistics Austria in accordance with Section 4 (5) of the Federal Statistics Act and under the Internet address www.statistik.at -published classification of economic activities-ENACE 2008, or a service associated with those activities, independently, on a regular basis and with the intention of achieving a yield or other economic benefits.

(2) In accordance with Section 2 (1) (9) of the Commercial Code (Gewerbeordnung) 1994 (GewO) and the Buschenschank (Buschenschank), the private rooms rental pursuant to Section 2 (1) (9) of the Code of Trade) are excluded from the activities referred to in Section 2 (1) (

2. In § 3 Z 1, the word order shall be "according to Division 50 to 52 of the ENACE 2003" through the phrase "according to Sections 45 to 47 of Section G of the ÖNACE 2008" replaced.

3. § 4 reads:

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

1.		Identification characteristics (VAT identification number, service provider account number including insurance carrier, company book number) of the statistical units in accordance with § 2 para. 1;
2.		Total number of persons employed
a)			Total number of self-employed persons,
b)			Total number of non-employed persons;
3.		Total revenue.

(2) For the monthly surveys (§ 3 Z 1), the total number of persons employed in accordance with Section 1 (2) shall be determined at the end of each period of the reporting period and the total turnover in accordance with Section 1 (1) (3) of all transactions achieved during the reporting period.

(3) In the case of quarterly surveys (§ 3 (2)), the total number of persons employed in accordance with Section 1 (2) shall be determined on the average of the reporting period and the total turnover in accordance with Section 1 (1) (3) of all transactions recorded in the reporting period. "

4. In Section 5 (1), in Z 1 after the phrase "pursuant to section 4 (1) (1) (1) (identification characteristics)" the phrase " and § 4 para. 1 Z 2 lit. a (total number of self-employed persons) " inserted, in Z 2 the word sequence "in accordance with § 4 (1) Z 2 (total number of employees)" through the phrase " according to § 4 paragraph 1 Z 2 lit. b (total number of employees employed) " replaced and replaced by a point in Z 3 of the line. The Z 4 is omitted.

5. In § 6 (2) the word order shall be "Partnerships of commercial law" through the phrase "registered partnerships" replaced.

6. § 8 (1) reads:

" (1) The parties responsible for providing information pursuant to § 6 (2) and (3) shall be obliged to complete the survey forms laid down by the Federal Statistical Office in Austria in full and to the best of their knowledge and to complete these

1.		in the case of monthly surveys (§ 3 Z 1), in the case of survey units carrying out an activity according to Division 47 of Section G of the ÖNACE 2008, up to 20. of the month following the reporting period,
2.		in the case of monthly surveys (§ 3 Z 1) in the case of survey units carrying out an activity in accordance with Sections 45 and 46 of Section G of the ÖNACE 2008, and in the case of quarterly surveys (§ 3 Z 2), up to 15. of the second month of the respective reporting period
the Federal Statistical Office of Statistics Austria to the address given in the survey document. "

7. § 9 reads:

" § 9. According to Article 4 (1) Z 3 and the Main Association of Austrian Social Security Institutions, the Federal Ministry of Finance has the data in accordance with § 4 (1) Z 2 lit. b on request, but no later than 17. to make available to the Federal Statistical Office (Bundesanstalt Statistik Austria) free of charge on electronic data carriers or via a network network with the Federal Statistical Office (Bundesanstalt Statistik Österreich) in the month following the respective reporting period. "

8. § 10a (1) reads:

"(1) The Federal Statistical Office of Statistics Austria shall publish the results of the business cycle statistics in the service sector within two weeks after the dates laid down in section 8 (1)."

9. § 10a (3) reads:

"(3) Data on the total turnover (Section 4 (1) (3)) shall be published in accordance with Section 2 (2) (1) nominally and in real terms, as well as seasonally unadjusted and adjusted form, as well as in accordance with Section 2 (2) of the Second (Z) nomination and in a working-day adjusted form."

10. In § 10a, paragraph 5 receives the sales designation "(6)" ; the following paragraph 5 is inserted:

" (5) The Federal Statistical Office of Statistics Austria shall publish the results of the business cycle statistics in the service sector for the activities referred to in Section G of the ÖNACE 2008 retroactively to 2000; for all others listed in § 2 Activities retroactively until 2003. "

11. § 12 together with the title shall be replaced by the following § § 12, 13 and 14 together with headlines:

" Entry into

§ 12. § § 2 and 3 Z 1, § § 4 and 5 (1), § 6 (2), § 8 (1), § 9 and 10a (1), (3) and (5) as well as § § 13 and 14 in the version of the Ordination BGBl. II No 30/2009 will enter into force 1. Jänner 2009 in force.

Transitional provisions

§ 13. § § 2, 4, 6, 8, 9 and 10a in the version of the BGBl Regulation. II No 49/2005 are to be found in the reporting periods up to and including December 2008 and the fourth year of the year. Calendar Quartals 2008 Application.

References

§ 14. To the extent that this Regulation refers to other legal provisions, the provisions of this Regulation shall apply as follows:

1.		Regulation (EC) No 1165/98 concerning short-term statistics, OJ L 327, 31.12.1998 No. 1), as amended by Regulation (EC) No 1893/2006 establishing 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 areas of statistics, OJ C 327, 22. No. OJ L 393, 30.12.2006 p. 1;
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 amended by Regulation (EC) No 129/96. OJ L 180, 18.07.2003 p. 1;
3.		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. 1., as amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008 p. 1;
4.		Corporate tax law, BGBl. No 401/1988, as amended by BGBl. I No 81/2008;
5.		Industrial Order 1994 (GewO 1994), BGBl. No. 194/1994, in the version of the Federal Law BGBl. I n ° 68/2008;
6.		Turnover Tax Act 1994 (UStG 1994), BGBl. No. 663/1994, in the version of the Federal Law BGBl. I No 140/2008. '

Mitterlehner Stöger Bandion-Ortner Bures Pröll