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Decree Of 12 December 2005 On The Approval Of A Professional Organization For Execution Of Surveys Of Industrial Statistics

Original Language Title: Arrêté du 12 décembre 2005 portant agrément d'un organisme professionnel pour l'exécution d'enquêtes de statistiques industrielles

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JORF n°298 of 23 December 2005 page 19815
text No. 27



Order of December 12, 2005 approving a professional body for conducting industrial statistics surveys

NOR: ECOS0550045A ELI: https://www.legifrance.gouv.fr/eli/arrete/2005/12/12/ECOS0550045A/jo/texte


Minister of Economy, Finance and Industry and Minister Delegate to Industry,
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);
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;
Considering Decree No. 2002-1622 of 31 December 2002 approving the nomenclatures of activities and products;
In view of Decree No. 2005-333 of 7 April 2005 on the National Council of Statistical Information and the Committee on Statistical Secret;
In light of Decree No. 2005-838 of 25 July 2005 on delegated powers to the Minister for Industry,
Stop:

Article 1


The Order of December 5, 2000 approving the National Union of Commodities Producers for Ceramics and Glassware is repealed following the transformation of this union into a trade union association called "Industrial Minerals-France".

Article 2


The trade union association Industrial Minerals-France is approved, under the conditions provided by the law of 7 June 1951 and the decree of 7 April 2005 referred to above, for the execution of industrial statistical surveys in the production branches "sands, kaolin, clays, natural chemical minerals and other minerals" classified mainly in activities 14.2A, 14.2C, 14.3Z, 14.5Z, by reference to the nomenclatures referred to above.
The investigation program will be set annually by order of the Minister under the National Institute of Statistics and Economic Studies (INSEE), in accordance with the law of 7 June 1951 referred to above.

Article 3


The approval provided for in Article 2 is valid subject to the option provided for in Article 4 of the Act of 7 June 1951 and Article 14 of the decree of 7 April 2005 referred to in respect of all enterprises adhering to or not to the trade union association Industrial Minerals-France and carrying on an activity belonging to the branches of production referred to in Article 2.
The list of units interviewed will be set by reference to the SIRENE directory created by the decree of 14 March 1973 referred to above. All business information exchanges between the investigator and the professional agency will use the SIREN ID number of these units.

Article 4


The competent investigator service within the meaning of the law of 7 June 1951 and the decree of 7 April 2005 for the above-mentioned investigations is the department of industrial studies and statistics of the Ministry of Industry.
Companies exercising at any level an activity belonging to the branches of production referred to in section 2 of this order that would wish to respond directly to the investigator service shall 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 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.

Article 5


The main purpose of the statistical surveys carried out under this Decree is to measure industrial production. They may include:
- productions;
- physical data delivery and billing;
- stocks;
- the controls.
Their periodicity, which may be annual or infra-annual, is determined by the investigator service after consultation with the approved body.

Article 6


The questions will cover product lines that will be used to reconstitute the headings, known as "ProDCOM entries", which will be updated annually in accordance with the Commission's regulations of 19 December 1991. They will not be able to collect products investigated by other accredited bodies or by the investigator.

Article 7


As part of the annual program of investigations prepared by the National Council of Statistical Information and decided by the Minister under the INSEE, the questionnaires of the investigations under this Order are prepared by the investigator service after consultation with the approved body. These questionnaires will be validated by the joint visa provided by the Minister responsible for INSEE and the Minister responsible for industry. Their impression is at the expense of the approved body.

Article 8


The approved body will have to perform the necessary treatments to produce consistent statistical results. The description of these treatments will be provided at the request of the investigator.
These results will be provided to the investigator service within a maximum period of time after the end of the survey reference period, established in accordance with the investigator service, and in accordance with the above-mentioned European regulations.
In particular, with respect to PRODCOM entries, the results will have to be delivered to the investigator service within a time limit consistent with their dispatch to the Statistical Office of the European Communities, knowing that the investigator service has an obligation to transmit the results annually within six months after the end of the year observed.
A complete list of units surveyed should be provided to the investigator service at least once a year at the time of the initiation of the investigation. In the event of an amendment in the course of the year, an update of the list should be addressed to the investigator service.
The results will be accompanied by the number of units that have either been answered or estimated, for each line of interrogation and for each level corresponding to the official nomenclatures. It will also be transmitted the elements useful to the application of the rules of statistical secrecy.
The individual information corresponding to each unit surveyed will be provided upon request to the investigator.

Article 9


Public results will be available from the professional agency or the investigator service. Public results mean those who respect the rules of statistical secrecy and the protection of personal freedoms.
In the event that the professional body publishes the results of the investigation, it refers to the name of the investigator service.

Article 10


In the event that the application of the rules of statistical secrecy to the basic sections of the questionnaire would prevent the dissemination by the European Union of the more aggregated PRODCOM entries, this dissemination should be consistent with these same rules of statistical secrecy, the investigator service, after consultation with the professional body concerned, will set the publication rules.

Article 11


With a view to the application of Article 15 of the above-mentioned Decree of 7 April 2005, providing for the sending of letters of layoff, and then a finding of non-response, the approved body shall, within the time limits set by the author, address the list of companies that have not responded within the time limit.

Article 12


The questionnaires are retained by the registered body until they are archived in accordance with the law of 3 January 1979 referred to above.

Article 13


In no case may the authorized body use the individual information derived from the investigations under this Order for purposes other than statistics.

Article 14


The Trade Union Association Industrial Minerals-France will only be able to get out of the work it has accepted the execution after at least six months' notice to the Investigator service.
In any event, it will complete the investigation program of the current year.

Article 15


If the trade union association Industrial Minerals-France ceased 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 13 of the above-mentioned decree of 7 April 2005, it should hand over to the investigator service all of the questionnaires collected pursuant to the law of 7 June 1951 and which had not yet been paid to the archives pursuant to this decree.

Article 16


The Director General of the National Institute of Statistics and Economic Studies and the Head of the Department of Studies and Industrial Statistics are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 12, 2005.


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 Delegate to Industry,

For the Minister and by delegation:

By preventing the Director General

companies:

Head of the Studies Department

and industrial statistics,

Y. Robin


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