Key Benefits:
Minister of State, Minister of Economy, Finance and Industry, and Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to Council Regulation (EEC) No. 3924/91 of 19 December 1991 on the establishment of a Community Survey on Industrial Production (ProDCOM Regulation);
Considering Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics;
Having regard to Council Regulation (EC) No. 1165/98 of 19 May 1998 concerning economic statistics;
Having regard to Act No. 51-711 of 7 June 1951 amended on the obligation, coordination and secrecy of statistics, including Article 4;
Considering Act No. 79-18 of 3 January 1979 on archives;
Considering Act No. 94-126 of 11 February 1994 on the initiative and individual enterprise;
In light of the amended Decree No. 73-314 of 14 March 1973 establishing a national identification system and a directory of companies and their establishments;
Having regard to amended Decree No. 84-628 of 17 July 1984 concerning the National Council of Statistical Information and implementing Act No. 51-711 of 7 June 1951 referred to above;
Having regard to Decree No. 2002-893 of 15 May 2002 on the powers of the Minister of Economy, Finance and Industry;
Having regard to Decree No. 2002-897 of 15 May 2002 on the powers of the Minister of Agriculture, Food, Fisheries and Rural Affairs;
Considering Decree No. 2002-1622 of 31 December 2002 approving the nomenclatures of activities and products;
In view of the decision of 22 February 1985 on the organization and responsibilities of agricultural statistics services of the Ministry of Agriculture, Stop:
The National Confederation of Coffee (CNC), 3, rue de Copenhagen, 75008 Paris, is approved, under the conditions provided for by the law of 7 June 1951 and the decree of 17 July 1984 referred to above, for the execution of industrial statistical surveys in the branch "Café transformation et production de succédanés de café", classified in activity 15.8 P with reference to the aforementioned nomenclatures.
The program of investigations will be set annually by the administrative authority that decides on the mandatory nature of investigations, in accordance with section 1 (first paragraph) of the above-mentioned Act of 7 June 1951.
The approval provided for in Article 1 shall be valid, subject to the option provided for in Article 4 of the Act of 7 June 1951 and Article 15 of the above-mentioned Decree of 17 July 1984, in respect of all the enterprises adhering or not to the trade unions affiliated to the CNC carrying on an activity belonging to the industry referred to in Article 1.
The list of units interviewed is set by reference to the SIREN directory, created by the aforementioned decree of 14 March 1973. All business and facility information exchanges between the investigator and the CNC use the SIREN and SIRET identification numbers of these units.
A complete list of units surveyed must be provided to the investigator service at least once a year at the time of the first survey of each periodicity. Any changes to this list during the year must be made in accordance with the investigator service.
The competent investigator service within the meaning of the law of 7 June 1951 and the decree of 17 July 1984 referred to above is the central department of statistical surveys and studies (SCEES) of the Ministry of Agriculture, Food, Fisheries and Rural Affairs.
Companies exercising at any level an activity belonging to the branches of production referred to in section 1 of this order that would wish to respond directly to the investigator service must exercise the option provided for in section 4 of the law of 7 June 1951 referred to above by sending to this service a recommended letter with a request for notice of receipt specifying their intention to respond directly. The option can be exercised during the year to take effect the following calendar year.
The Investigative Service itself sends questionnaires to these companies.
The main purpose of the statistical surveys carried out under this Order is to measure industrial production. The surveys will be conducted in accordance with a specification prepared by the investigator after consultation with the CNC and describing the provisions to ensure the production of quality statistical results.
The periodicity of investigations, which may be annual or infra-annual, is determined by the investigator after consultation with the CNC.
The questions will need to focus on product lines to reconstitute the "witness series" of the Industrial Production Index for its calculation as part of the Commission's regulations of 19 May 1998. These "witness series" are periodically defined by the National Institute of Statistics and Economic Studies (INSEE).
The questions may also include, after agreement between the NCC and the Investigative Service, product lines that will be used to reconstitute the headings, referred to as "ProDCOM entries", which will be updated annually, pursuant to the aforementioned Council Regulation of 19 December 1991.
As part of the annual programme of investigations prepared by the National Council for Statistical Information (CNIS) and decided by the Minister of INSE, the questionnaires of investigations are jointly prepared by the CNC and the investigator service, and arrested by the CNC. They are presented to the Minister's joint visa under INSEE and the Minister for Agriculture. Their impression is at the expense of the CNC.
The CNC conducts the necessary treatments for the production of consistent statistical results in accordance with the objectives of the investigations carried out under this Order. The description of these treatments will be provided at the request of the investigator.
After consultation with the CNC, the investigator will determine the maximum period 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 the evaluation elements of these results, including the number of units that have either been answered or estimated for each level of product of the official nomenclatures.
It shall also transmit to the request of the investigator the individual information corresponding to each of the units interviewed.
Any publication of the results of investigations by the CNC complies with the rules of statistical secrecy and the protection of personal freedoms. It refers to the name of the investigator.
For the purposes of the above-mentioned texts, the CNC shall, within the time limits set by the investigator, address the elements necessary to it, including those that permit, where appropriate, the litigation procedure provided for in Article 16 of the aforementioned Decree of 17 July 1984.
The questionnaires are retained by the CNC until their archiving, in accordance with the law of 3 January 1979 referred to above.
The CNC may be released from the work that it has accepted the execution under this Order, after sending a request to the investigator service with notice of six months at least before the commencement of the investigation program of the following year. This request can only become effective and release the CNC from its obligations after the current year's programme of investigations has been completed within the meaning of this Order.
When the CNC ceases to be approved, either pursuant to the previous article, or as a result of a withdrawal of approval under the conditions provided for in Article 14 of the Decree of 17 July 1984, it must hand over to the investigator service all of the questionnaires collected in accordance with the law of 7 June 1951, which has always been referred to in its possession and which have not yet been paid to the archives pursuant to Article 10 of this Article.
In no case may the CNC use the individual information from the investigations under this Order for non-statistic purposes.
The Director General of the National Institute of Statistics and Economic Studies (INSEE) and the Director of Financial Affairs of the Ministry of Agriculture, Food, Fisheries and Rural Affairs are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 16, 2004.
Minister of State, Minister of Economy,
finance and industry,
For the Minister and by delegation:
Director General of the National Institute
Statistics and Economic Studies,
J.-M. Charpin
Minister of Agriculture, Food,
and Rural Affairs,
For the Minister and by delegation:
The Director of Financial Affairs,
F. Breuil-Helion de la Guéronnière
