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Foreign Business Unit Statistics Regulation

Original Language Title: Auslandsunternehmenseinheitenstatistik-Verordnung

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345. Ordinance of the Federal Minister for Economic Affairs and Labour on the Statistics of the Structure and Activity of Foreign Business Units (Foreign Business Unit Statistical Regulation)

On the basis of § § 4 to 10 and 30 of the Federal Statistics Act 2000, BGBl. I No 163/1999, in the version of the Federal Law BGBl. I n ° 92/2007, in agreement with the Federal Chancellor and with regard to § 14, shall be additionally assigned in agreement with the Federal Minister for Finance:

Arrangement for the compilation of statistics

§ 1. The Federal Institute of Statistics Austria (Bundesanstalt) has, pursuant to Regulation (EC) No 716/2007, on the structure and activity of foreign affiliates pursuant to Regulation (EC) No 716/2007, in order to fulfil the obligations of Austria of this Regulation to carry out statistical surveys and to draw up the corresponding statistics on foreign business units.

Definitions

§ 2. For the purposes of this Regulation:

1.

"national foreign business unit" means a company or a branch that is/is which is resident in Austria and is controlled by an institutional unit established abroad;

2.

"foreign business unit of domestic enterprises" means a company or a branch, which who is resident abroad and is controlled by an institutional unit established in Austria;

3.

"control" means the possibility of defining the general enterprise policy by directly or indirectly through the institutional unit more than half of the voting rights of the shareholders or more than half of the company shares of the company ;

4.

"institutional unit which ultimately exercises control over a foreign business unit": institutional unit in the chain of units controlling a foreign enterprise unit which is not controlled by another institutional unit;

5.

"Sites" means local units without legal personality, which depend on companies under foreign control. They are treated as quasi-capital companies;

6.

"institutional unit, enterprise, local unit, quasi-capital companies": these terms are to be understood within the meaning of Regulation (EEC) No 696/1993.

Periodicity, continuity

§ 3. The surveys and statistics on foreign business units in the domestic and foreign business units of domestic enterprises are annual, the survey of characteristics in accordance with points 1.15 and 1.16 of the Annex I on this Regulation, at two-year intervals, on the previous calendar year or marketing year (reference year), for the first time during the reference year 2007.

Survey mass, statistical units

§ 4. Statistical units within the meaning of this Regulation shall be:

1.

Companies and branches established in Austria and controlled by a foreign-based institutional unit (domestic foreign business units) and having priority activities in accordance with sections B to N, and

2.

Companies and branches abroad controlled by an institutional unit established in Austria (foreign affiliates of domestic companies) and activities carried out in accordance with sections B to N, and P to S

the classification of economic activities-ÖNACE 2008, published in the Federal Institute according to Article 4 (5) of the Federal Statistical Law 2000 and published under the Internet address www.statistik.at, on a regular basis and with the intention to achieve a For the proceeds of the contract or other economic benefits.

Collection items and characteristics

§ 5. The following are to be collected:

1.

in the case of statistical units pursuant to § 4 Z 1, the characteristics referred to in Annex I to this Regulation,

2.

in the case of statistical units according to § 4 (2), the characteristics Annex II on this Regulation.

Survey Type

§ 6. (1) The characteristics in accordance with § 5 Z 1 shall be collected in the following ways:

1.

the characteristics in accordance with points 1.1 to 1.6 of Annex I to this Regulation by obtaining administrative and statistical data of the Oesterreichische Nationalbank, provided that the legitimate interests of confidentiality pursuant to Section 10 (6) of the Federal Statistics Act 2000 are not affected;

2.

the characteristics referred to in points 1.7 to 1.14 of Annex I to this Regulation by the use of the data resulting from the Regulation on performance and structural statistics in the fields of production and services, BGBl. II No 428/2003;

3.

the characteristics referred to in points 1.15 and 1.16 of Annex I to this Regulation by using the data resulting from the Regulation on statistics relating to research and experimental development, BGBl. II No 396/2003;

4.

in so far as the survey of the characteristics in individual cases cannot be carried out in accordance with Z 1 to 3, by survey of the statistical units.

(2) In order to determine the foreign business units domesticated, the Bundesanstalt has to link the data collected in accordance with paragraph 1 (1) (1) with those of the business register in accordance with § 25 of the Federal Statistics Act 2000 and by data of the performance and Structural Statistics (par. 1 (2) and the statistics on research and experimental development (paragraph 1). 1 Z 3), supplemented by the use of statistical methods and the use of appropriate statistical estimation techniques. Only in so far as this does not ensure the required quality of the statistics, a survey of the statistical units in accordance with § 4 Z 1 shall be permitted.

§ 7. (1) The characteristics in accordance with § 5 Z 2 shall be collected in the following ways:

1.

the characteristics in accordance with points 1.1 to 1.4 of Annex II to this Regulation by obtaining administrative and statistical data of the Oesterreichische Nationalbank, provided that the legitimate interests of confidentiality pursuant to Section 10 (6) of the Federal Statistics Act 2000 are not affected;

2.

the characteristics referred to in points 2.1 to 2.5 of Annex II to this Regulation on undertakings and branches abroad, by the institutional unit established in Austria;

a)

are directly controlled by the acquisition of administrative and statistical data of the Oesterreichische Nationalbank, provided that legitimate interests are not affected in accordance with Section 10 (6) of the Federal Statistics Act 2000;

b)

are indirectly controlled, by questioning the institutional unit established in Austria.

(2) In order to determine the institutional units established in Austria, which control companies and branch offices located abroad, the Bundesanstalt has the data collected pursuant to paragraph 1 (1) (1) with those of the business register in accordance with § 25 of the Federal Statistics Act 2000.

Obligation to provide information

§ 8. (1) In the case of surveys, the obligation to provide information according to § 9 of the Federal Statistics Act 2000 on

1.

the units established in accordance with Article 6 (2), and

2.

the companies and branches abroad referred to in § 4 (2) (2).

(2) For the purpose of providing information, those natural or legal persons as well as registered partnerships shall be obliged to

1.

a statistical unit which has the obligation to provide information pursuant to paragraph 1 (1) (1); or

2.

a domestic institutional unit, which indirectly controls companies and branches abroad,

in their own name. If a Fiscal Representative (Section 27 of the VAT Act 1994) appears, he or she shall be obliged to provide information.

(3) The parties responsible for providing information in accordance with paragraph 2 shall be obliged to complete the survey forms drawn up by the Federal Office in full and in accordance with the best knowledge and to submit them to the following year by the end of October of the year following the reporting year. Address to be sent to the survey form.

Collection documents

§ 9. For surveys, the Bundesanstalt has to apply the survey forms in a uniform way for the federal territory and to provide for their free delivery to those statistical units for which there is a duty to provide information. On request, the survey forms shall be made available electronically.

Duty of co-action

§ 10. At the request of the Bundesanstalt, the Oesterreichische Nationalbank shall have the data pursuant to § 6 (1) (1) and (1) (1) and (2) (1) (1) and (2) (2) (1) (1) (1) and (Z 2) at the request of the Bundesanstalt, if legitimate interests lit. a free of charge no later than the end of June and in updated form at the end of December of the year following the reporting year on electronic media.

Information on the purpose of collection, data protection and disclosure requirements

§ 11. (1) The Federal Office shall inform the parties responsible for providing information (Section 8 (2)) on the purpose of the survey and the data protection measures taken.

(2) The Federal Institute shall provide the information providers with information on the legal consequences pursuant to Section 66 of the Federal Statistics Act 2000 in case of refusal of participation or information and in the case of information which is knowingly incomplete or not to the best of the knowledge. lecturing.

Publication of results

§ 12. (1) The Federal Agency shall have the results of the statistics on the structure and activities of the foreign affiliates within 20 months of the end of the reference year, in accordance with the respective section 3 of Annexes I and II to the Regulation. (EC) No 716/2007 to the Statistical Office of the European Commission (Eurostat) and to make it available to the public free of charge on the Internet pursuant to Article 30 (1) of the Federal Statistics Act 2000.

(2) The Bundesanstalt has to document the calculation of the results of statistics on foreign company units by metadata.

Use of gender-specific form

§ 13. 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.

Cost replacement

§ 14. (1) In accordance with Article 32 (4) (4) (1) of the Federal Statistics Act 2000, the Federal Institute for the purposes of the surveys and the compilation of the statistics under this Regulation shall be entitled to a provisional cost rate at the following level:

1.

in 2008: EUR 67 200

2.

in 2009: EUR 84 642

3.

in 2010: EUR 87 181

4.

in 2011: 89 797 Euro

5.

in 2012: 92 491 euros

The final cost statement shall be made on the basis of the annual accounts.

(2) In 2012, the cost of carrying out the statistics under this Regulation shall be subject to an evaluation and redefined for the survey years from 2013 onwards.

(3) The right to reimbursement of expenses is available to the Federal Ministry for Economic Affairs and Labour.

References

§ 15. Where reference is made in this Regulation to other legislation, the provisions of this Regulation shall apply as follows:

1.

Regulation (EC) No 716/2007 on Community statistics on the structure and activity of foreign affiliates, OJ L 327, 28.11.2007, p. No. OJ L 171, 29.06.2007 p. 17;

2.

Regulation (EEC) No 696/1993 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 30.03.1993 p. 1, as last amended by Regulation (EC) No 1882/2003, OJ L 245, 29.9.2003, p. No. OJ L 284, 31.10.2003 p. 1;

3.

Sales Tax Act 1994, BGBl. I n ° 663, in the version of the Federal Law BGBl. N ° 99/2007;

4.

Performance and structural statistics regulation, BGBl. II No 428/2003;

5.

F&E-Statistics-Regulation, BGBl. II n ° 396/2003, as amended by the BGBl Regulation. II No 150/2008.

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