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Amendment Of The Regulation Concerning Short-Term Statistics In The Producing Area

Original Language Title: Änderung der Verordnung über die Konjunkturstatistik im Produzierenden Bereich

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315. Regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, Environment and Water Management, amending the Regulation on short-term economic statistics in the producing sector

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 ° 71/2003, shall be assigned in agreement with the Federal Chancellor:

The regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, Environment and Water Management on shortterm economic statistics in the producing sector, BGBl. II No 210/2003, as amended by the BGBl Regulation. II No 70/2005, shall be amended as follows:

1. § 3 reads:

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

1.

Enterprises as single and multi-business enterprises (legal entity),

2.

Holdings (technical unit),

3.

Working communities and

4.

Establishments of commercial nature of public bodies according to § 2 of the German Corporate Tax Law,

This is an activity in accordance with sections 05 to 43 of the nomenclature of the German Federal Statistics Act (Bundesanstalt Statistik Austria), published in the Federal Statistics Austria in accordance with Section 4 (5) of the Federal Statistics Act 2000 and published under the Internet address www.statistik.at. Economic activities-ENACE 2008, or a service associated with such activity, independently, on a regular basis and with the intention of obtaining a yield or other economic benefits.

(2) Companies (legal entities) and establishments (technical units) are to be found within the meaning of Articles 1 and 2 of Regulation (EEC) No 696/93 as regards statistical units for the observation and analysis of the Community economy. understand.

(3) The locality of the statistical unit is determined by the location, its classification of the economic activity in principle by allocation of the respective activity to the departments 05 to 43 of the ÖNACE 2008.

(4) Enterprise undertakings are undertakings which only carry out one operation (a technical unit). Multi-business enterprises are companies that lead several companies (several technical units).

(5) A working group is an association of several companies which have committed themselves contractually to the joint implementation of a project starting from a total order value exclusive sales tax of one million euros and whose the commercial management of one of these companies is incumbable. "

2. § 4 reads:

" § 4. (1) It is necessary to collect:

1.

in the case of all the statistical units referred to in Article 3 (1), the characteristics listed in points 1 to 3 of the Appendix;

2.

in the case of undertakings operating in undertakings, undertakings operated by multi-company undertakings and undertakings of a commercial nature of public bodies of public law and of working groups, in addition to the characteristics referred to in Z 1

a)

the characteristics referred to in point 4 of the Appendix;

b)

the nature of the products and services produced in accordance with the list of goods published in the Federal Statistics Austria (Bundesanstalt Statistik Austria) in accordance with Section 4 (5) of the Federal Statistics Act 2000 and published under the Internet address www.statistik.at. the producer area-ÖPRODCOM in the version valid for the reporting period, and

c)

in relation to the individual nature of the products and services, their quantity and value, the quantity and the value being to be broken down in accordance with point 7 of the Appendix;

3.

in the case of undertakings operating in undertakings, undertakings operated by multi-company undertakings, and establishments of a commercial nature of public-law bodies and associations of undertakings with a focus on economic activities in accordance with Divisions 13, 14, 17, 20, 24 up to 30 and 41 to 43 and to groups 32.5 and 33.2 of the ENACE 2008, in addition to the characteristics listed in Z 1 and 2, the characteristics referred to in point 5 of the Annex;

4.

in the case of undertakings operating in undertakings, undertakings operated by multi-company undertakings and undertakings of a commercial nature of public-law bodies and associations of undertakings with a focus on economic activities in accordance with Divisions 41 to 43 of the ÖNACE 2008, in addition to the characteristics according to Z 1 to 3

a)

the value of the orders received from contracting authorities which are members of the State sector within the meaning of Regulation (EC) No 2223/96;

b)

the quality of service within the meaning of the collective agreement for the construction industry and the construction industry concerning the new arrangements for the special refunds (duty of service) of 20 April 2004, KV 229/2004;

5.

in the case of single-and multi-farm undertakings, establishments of commercial nature of public-law bodies and working groups, in addition to the characteristics of Z 1 and, where appropriate, in accordance with Z 2 to 4, the provisions referred to in point 6 of the Annex Characteristics.

(2) By way of derogation from paragraph 1, it is not necessary to apply:

1.

in the case of statistical units subject to the obligation to provide information in accordance with Article 6 (2), the characteristics referred to in points 3.2 and 5 of the Appendix;

2.

in the case of undertakings operating in undertakings, undertakings operated by multi-company undertakings and enterprises of a commercial nature of public-law bodies and associations of undertakings with a focus on economic activities in accordance with Division 43 of the ÖNACE 2008 (preparatory works, construction installation and other construction), the characteristics according to paragraph 1 Z 4 lit. a.

3. § 5 (1) Z 1 lit. d is deleted.

4. § 6 reads:

" § 6. (1) In the case of surveys pursuant to § 5 (1) (2) and (2), the obligation to provide information in accordance with § 9 of the Federal Statistics Act 2000 shall be subject to:

1.

Companies and establishments of commercial nature of public bodies which had 20 and more employees on 30 September of the previous calendar year;

2.

undertakings of such multi-business enterprises which, on 30 September of the calendar year preceding the reference period, had a total of 20 employees and more;

3.

working groups, irrespective of the number of persons employed, from the date of their establishment up to their dissolution;

4.

Any statistical units newly established or restructured in the calendar year of the reference period, where Z 1 and 2 are to be applied, with the proviso that the number of persons employed as at 30 September of the period under review shall not be subject to the following conditions: before the end of the previous calendar year, but at the time of the reestablishment or restructuring.

(2) The total turnover of all statistical units covered by the obligation to provide information pursuant to paragraph 1 (1) (1) to (3) in one of the economic activities according to Divisions 05 to 43 of the ÖNACE 2008 shall not be at least 90% of the total turnover of all the statistical units in the NACE Branch active statistical units within the meaning of § 3 (1), there is obligation to provide information also via statistical units in accordance with § 3 (1) Z 1 and Z 4 with fewer than 20 employees, which on 30 September of the period preceding the reporting period Calendar year in the period of the twelve calendar months preceding this reference date, in total Turnover (excluding VAT) of at least EUR 1 million.

(3) By 31 December of the calendar year preceding the reference period, the Federal Statistical Office of Statistics Austria shall publish those economic activities at the Internet address www.statistik.at, the statistical units of which shall be published in accordance with paragraph 2 of this Article. Obligation to provide information for the reporting periods of the following calendar year.

(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 consists of the obligation to provide information pursuant to para. 1 to 3, in its own name. If an entreptier has commissioned a Fiscal Representative pursuant to § 27 (7) and (8) of the VAT Act 1994, the Fiscal Representative shall be obliged to provide information. "

5. In § 8 (1) the word sequence shall be deleted. "and 5" ; in paragraph 2, the word shall be: "can" by the word "can" replaced.

6. In § 9, after the word "Finance" the following by the word "and" replaced; the phrase "as well as the Austrian Labour Market Service" The reference " § 5 para. 1 Z 1 lit. b to d " is indicated by the reference " § 5 para. 1 Z 1 lit. b to c " replaced.

7. § § 10a and 12 together with headings are deleted.

8. § 11 receives the Section title "§ 12" ; the following § 11 and heading shall be inserted:

" Publication of the results

§ 11. (1) The Federal Statistical Office of Statistics Austria has the results of the Business cycle statistics to make available to the public free of charge, at least in the following breakdown, in the producing sector in accordance with Section 30 of the Federal Statistics Act 2000:

1.

in the form of indices

a)

no later than 55 working days in accordance with the date set in § 8 (1): the production adjusted by working days, broken down by divisions of the ÖNACE 2008 and by categories of use (prepayments, energy, capital goods, long-lived consumer goods, short-lived consumer goods) as well as employees, gross earnings, volume of work, new orders and turnover broken down by sections of the ÖNACE 2008 in relation to the entire Federal territory;

b)

no later than 90 working days in accordance with the date laid down in section 8 (1): the total production adjusted by working days in relation to each of the Länder;

2.

in the form of absolute numbers no later than 90 working days in accordance with the date specified in § 8 (1), in relation to the entire Federal territory,

a)

Enterprises (§ 3 (1), (1), (3) and (4)) broken down by divisions of the ENACE 2008: the number of enterprises, the total number of employees, the employees employed, the employees, including the commercial apprentices, the workers including the commercial apprentices, the total value of gross earnings, gross wages and gross salaries, statutory social contributions and voluntary social benefits provided by the employer, the total turnover, turnover from trade goods, the Abroad (Member States of the European Union in the euro area (no Austria) and Member States, not in the euro-zone and third countries), as well as the export intensity, the turnover per person employed, the gross salary per employee, the gross wage per manual worker, the special payments per non-selfemployed persons;

b)

Holdings (Section 3 (1) (2)) broken down by divisions of the ENACE 2008: the number of establishments, the total number of persons employed, the employees employed, the employees, including the commercial apprentices, the workers, including the commercial apprentices, the total number of hours paid and hours worked, the total value of gross earnings, gross wages and gross salaries, including apprentice compensation, statutory social contributions, and voluntary social benefits provided by the employer, the total value and the value of the employer Foreign countries (Member States in the euro-zone (excluding Austria) and Member States, non-euro-zone and non-EU countries), total value and value of those from abroad (Member States in the euro area (excluding Austria) and Member States, non-euro-zone and non-member countries), production values of total technical production and of the production of production;

c)

Goods broken down by 10 actuators according to the list of goods for the producer published in the Federal Statistics Austria (Bundesanstalt Statistik Austria) in accordance with § 4 (5) of the Federal Statistics Act 2000 and published under the Internet address www.statistik.at Area-ÖPRODCOM in the version valid for the reference period: the value and the quantity (as far as the goods register is intended) of the offset production (goods approach).

(2) Weiters are the results of the Business cycle statistics at the latest 90 working days in accordance with the date set in § 8 (1) in the form of absolute figures, at least in the following breakdown on further electronic data carriers:

1.

1 (2) (2) (2) a listed statistics broken down by the Sections B and C, sections D, E and F, as well as departments, groups and classes of the ENACE 2008 related to the entire Federal territory,

2.

on the basis of paragraph 1 (2) (2). b) Statistics listed according to the sections B and C summarized, sections D, E and F as well as the divisions, groups and classes of the ENACE 2008 related to the entire territory of the Federal Republic of Germany as well as to the individual federal states: the statutory social contributions, voluntary social benefits for employers, paid and paid working hours, and new orders and inventories from the country, the production value (activity approach) according to the types of production.

(3) Data are to be published in a more detailed description than in paragraphs 1 and 2 above in the electronic database according to § 30 of the Federal Statistics Act 2000.

(4) The Bundesanstalt Statistik Austria (Bundesanstalt Statistik Österreich) has calculated the results of the Business cycle statistics to document in the producing area by metadata. "

9. The following § § 13 and 14 together with the title are added:

" Conclusion and transitional provisions

§ 13. (1) This Regulation shall enter into force 1. Jänner 2008 in force.

(2) § § 1, 3, 4, 6 and 10a (1) (1) (2) and (2) to (4) in the version of BGBl. II No 70/2005 applies to annual periods up to and including December 2007.

(3) Section 11 (1) (1) (1), as amended by the BGBl Regulation. II No 315/2007 shall apply to the publication of results for reporting periods from January 2009 onwards. The results of the business cycle statistics on reporting periods up to and including December 2008 are in accordance with § 10a (1) (1) (1) (1) (1) in the version BGBl. II No 70/2005.

References

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

1.

Regulation (EEC) No 3924/91 introducing a Community survey on the production of goods, OJ L 327, 31.12.1991, p. No. OJ L 374, 31.12.1991, p. 1 (CELEX No 31991R3924) as last 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, No. OJ L 393, 30.12.2006, p.1 (CELEX No 32006R1893);

2.

Regulation (EC) No 1165/98 concerning short-term statistics, OJ L 327, 31.12.1998 No. OJ L 162, 05.06.1998 p. 1 (CELEX No 31998R1156), as amended by Regulation (EC) No 1893/2006;

3.

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. OJ L 310, 30.11.1996, p. 1 (CELEX No 31996R2223), as last amended by Regulation (EC) No 1267/2003, OJ L 284, 31.10.2003, p. No. OJ L 180, 18.07.2003 p. 1 (CELEX-No. 32003R1267);

4.

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, 30.03.1993, p. 1 (CELEX No 31993R0696), as last amended by Regulation (EC) No 1882/2003, OJ L 245, 29.6.2003, No. OJ L 284, 31.10.2003, p. 1 (CELEX-No. 32003R1882);

5.

Corporate Tax Act 1988, BGBl. No. 401, in the version of the Federal Law BGBl. I No 24/2007;

6.

Sales Tax Act 1994, BGBl. No. 663, in the version of the Federal Law BGBl. I No 24/2007. "

10. Annex, point 3.1.1.3 lit. a is: 'including: remuneration of service in accordance with the collective agreement for the construction industry and construction industry'

11. In the Annex, points 5.1.2, 5.1.2.1, 5.2.2, 5.3.2, 6.1.2 and 6.1.2.1, the word shall be: "Eurozone" through the phrase "Member States in the euro area (excluding Austria)" replaced.

12. In the Annex, points 5.1.3, 5.1.3.1, 5.2.3, 5.3.3, 6.1.3 and 6.1.3.1, the word shall be: "Non-eurozone" through the phrase "Member States, not in the euro area and third countries" replaced.

13. In Annex, point 7.2, the word sequence shall be "Wage work carried out (DL)" by the word "Wage work" subdivisions; subdivisions "7.2.1 Wage Work Carried Out (DL)" and "7.2.2 Wage Work (VL)" shall be added.

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