JORF n ° 226 of 28 September 2004 page 16667 text no. 7 order of 16 September 2004 on the approval of a professional organization for execution of surveys of industrial statistics NOR: ECOS0450029A ELI: https://www.legifrance.gouv.fr/eli/arrete/2004/9/16/ECOS0450029A/jo/texte the Minister of State, Minister of economy, finance and industry, and Minister of agriculture, food, fisheries and Rural Affairs , Having regard to Regulation (EEC) no 3924/91 of the Council of 19 December 1991 on the establishment of a community survey of industrial production (Regulation PRODCOM);
Having regard to Regulation (EC) No 322/97 of the Council of 17 February 1997 on Community statistics;
Having regard to Regulation (EC) No 1165/98 of the Council of 19 May 1998 concerning short-term statistics;
Having regard to Act No. 51-711 of 7 June 1951 amended on the obligation, the coordination and the secret in statistics, and in particular article 4 thereof;
Having regard to law No 79 - 18 of 3 January 1979 on archives;
Pursuant to law n ° 94 - 126 February 11, 1994, on the initiative and individual enterprise;
Considering Decree No. 73-314 of March 14, 1973, as amended on the establishment of a national system of identification and a directory of companies and their institutions;
Considering Decree No. 84-628 of 17 July 1984 amended concerning the national Council for statistical information and on the implementation of Act No. 51 - 711 of 7 June 1951 above;
Considering Decree No. 2002 - 893 of 15 May 2002 on the powers of the Minister of economy, finance and industry;
Considering Decree No. 2002 - 897 of 15 May 2002 on the powers of the Minister of agriculture, food, fisheries and Rural Affairs;
Having regard to Decree No. 2002 - 1622 31 December 2002 approving the classifications of activities and products;
Having regard to Decree of 22 February 1985 on the Organization and the responsibilities of the Ministry of agriculture agricultural statistical services, stop: Article 1 the National Confederation of coffee (CNC), 3, rue Copenhagen, 75008 Paris, is authorised, under the conditions provided by the law of June 7, 1951 and the Decree of July 17, 1984, referred to above, for executing statistical surveys of industrial branch "coffee processing and production of coffee substitutes. classified in the activity 15.8 P by reference to the above-mentioned classifications.
The survey program will be set annually by the administrative authority which decides the compulsory nature of investigations, in accordance with article 1 (first subparagraph) of the aforementioned law of June 7, 1951.
Article 2 the approval provided for in article 1 applies, subject to the option provided for in article 4 of the Act of June 7, 1951 and article 15 of the Decree of July 17, 1984, referred to above, for all the undertakings adherent or non-professional unions affiliated to the CNC exercising an activity belonging to the branch of production referred to in article 1.
The list of surveyed units is fixed by reference to the SIREN directory, created by the Decree of 14 March 1973 referred to above. All exchanges of information on companies and institutions between the investigator and the CNC use SIREN and SIRET of these units identification numbers.
A complete list of surveyed units must be provided to the investigator service at least once per year at the time of the launch of the first survey of each frequency. Any changes to this list during the year must be carried out in agreement with the investigator service.
Article 3 the competent investigating authority within the meaning of the Act of June 7, 1951 and the Decree of July 17, 1984, referred to above for the surveys referred to above is the central service of surveys and statistical studies (CSSHE) of the Ministry of agriculture, food, fisheries and Rural Affairs.
Companies exercising a degree any activity belonging to the branches of production referred to in article 1 of this order who might wish to respond directly to the investigating service must exercise the option provided for in article 4 of the aforementioned law of June 7, 1951 by sending a registered letter with request for acknowledgement of receipt indicating their intention to respond directly to this service. The option can be exercised during the year to take effect the following calendar year.
The investigator service address itself questionnaires to these companies.
Article 4 statistical surveys performed under this order have to focus the extent of industrial production. Surveys will be conducted in accordance with a specification developed by the investigator service in consultation with the CNC and describing the provisions aimed at ensuring production of quality statistical results.
The periodicity of surveys, which may be annual or infra-annual, is fixed by the investigator service after consultation with the CNC.
Section 5 questions should concentrate on product lines to reconstitute the series witnesses the index of industrial production for the calculation under the regulation of the Council of 19 May 1998 referred to above. These 'witnesses series' are set periodically by the national Institute of statistics and economic studies (INSEE).
Questions may include also, after agreement between the NCC and the investigator service on lines of products that will replenish the topics, say 'PRODCOM headings', which the list will be updated annually, under the regulation of the Council of 19 December 1991 referred to above.
Article 6 as part of the annual programme of surveys prepared by the national Council for statistical information (CNIS) and arrested by the Minister responsible for the INSEE, the survey questionnaires are developed jointly by the CNC and the investigator service and arrested by the latter. They are presented to the joint visa the Minister responsible for the INSEE and the Minister responsible for agriculture. Their impression is borne by the CNC.
Article 7 the CNC makes consistent treatment required for the production of statistical results and comply with the objectives of investigations carried out pursuant to this order. The description of these treatments will be provided at the request of the investigating service.
After consultation of the CNC, the investigator service fixed the maximum time after the end of the reference period covered by each survey for the transmission of statistical results.
The CNC also transmits to the investigator service elements of evaluation of these results, including the number of units either answered, be made the object of an estimate, for each level of product of the official nomenclatures.
It also transmits to the investigator service request individual information corresponding to each of the surveyed units.
Article 8 any publication of results of investigations by the CNC respects the rules of confidentiality and protection of personal freedoms. She made reference to the name of the investigator service.
Article 9 for the purposes of the above texts, the CNC address investigator service, within the deadline fixed by the latter, elements that are necessary, and in particular those allowing, where appropriate, to initiate the contentious procedure laid down in article 16 of the Decree of 17 July 1984 referred to above.
Article 10 questionnaires are retained by the CNC to their archiving, in accordance with the aforementioned law of January 3, 1979.
Article 11 the CNC may be released from work which she accepted execution in respect of this order, after having sent the investigator service a request with advance notice of six months at least before the start of the programme of surveys of the following year. This query can become effective and release the NCC of its obligations only after surveys of the current year has been completed within the meaning of this order.
Article 12 when the CNC ceases to be approved, either in application of the preceding article, either following a withdrawal of approval under the conditions laid down in article 14 of the Decree of 17 July 1984 suvise, it shall submit to the investigating service all the questionnaires collected in accordance with the law of 7 June 1951 above still in its possession and which have not yet paid to archives in application of article 10 of this order.
Article 13 the CNC may under no circumstances use individual information surveys provided for in this by-law for purposes other than statistics.
Article 14 the Director general of the national Institute of statistics and economic studies (INSEE) and the Director of the financial affairs of the Ministry of agriculture, food, fisheries and Rural Affairs are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.
Done at Paris, on 16 September 2004.
The Minister of State, Minister of economy, finance and industry, for the Minister and by delegation: the Director-general of the national Institute of statistics and economic studies, j.-m. Charpin the Minister of agriculture, food, fisheries and Rural Affairs, for the Minister and by delegation: the Director of financial affairs, f. of the Breuil Helion's Dashpute