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Decree No. 2009-250 3 March 2009 Concerning The Authority Of Official Statistics

Original Language Title: Décret n° 2009-250 du 3 mars 2009 relatif à l'Autorité de la statistique publique

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Summary

Application of art. 33 of the aforementioned 1946 Act, 1 of Act 51-711 er 144 (1°) of Act 2008-776.

Keywords

ECONOMIE , PUBLIC FUNCTION , DECONCENTRE SERVICE , CENTRAL ADMINISTRATION , AUTHORITY OF PUBLIC SATISTICS , ORGANIZATION , MISSION , COMPOSITION , COMPETENCE


JORF n°0054 of 5 March 2009 page 4090
text No. 21



Decree No. 2009-250 of 3 March 2009 concerning the Public Statistics Authority

NOR: ECES0826529D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/3/3/ECES0826529D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/3/3/2009-250/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Having regard to the Treaty establishing the European Community, including its article 285;
Considering Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics;
Having regard to the amended Act of 27 April 1946 on the opening and cancellation of appropriations for 1946, including sections 32 and 33;
Vu la Act No. 51-711 of 7 June 1951 amended on the obligation, coordination and secrecy of statistics, including Article 1;
Vu le Decree No. 46-1432 of 14 June 1946 amended for the purposes of sections 32 and 33 of the Financial Law of 27 April 1946 relating to the National Institute of Statistics and Economic Studies for the metropolis and overseas France;
Vu le Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative advisory commissions;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


The Public Statistics Authority established by theArticle 1 of the Act of 7 June 1951 referred to above :
1° Provides any opinion that it considers useful to ensure respect for the principle of professional independence in the design, production and dissemination of public statistics as well as the principles of objectivity, impartiality, relevance and quality of the data produced, with reference to European recommendations on good statistical practices;
2° Is consulted on any draft decree relating to the missions of the National Institute of Statistics and Economic Studies or Departmental Statistical Services;
3° Is seized for advice on draft decisions recognizing the quality of ministerial statistical service referred to in Article 9;
4° May make observations with respect to any person who does not comply with the principles set out in 1°, after the person concerned has been able to make his or her point of view;
5° May request the Director General of the National Institute of Statistics and Economic Studies to seize the Institute's general inspection and may request the other competent inspection bodies through the ministers whose bodies are responsible;
6° At least once a year, the President of the National Council of Statistical Information and the Director General of the National Institute of Statistics and Economic Studies hear the opinions of the National Council of Statistical Information and the implementation of annual or medium-term statistical programmes.

Article 2 Learn more about this article...


The authority may decide to make public the notices mentioned in the 1st of Article 1. It prepares an annual report on the implementation of the programme of work of public statistics producer organizations in relation to European recommendations on good statistical practices, based on the work programme of public statistics producer organizations, the list of statistical surveys published in the Official Journal, the publications and the detailed assessment prepared by the National Council of Statistical Information. This report is presented to Parliament and made public.

Article 3 Learn more about this article...


The authority may be seized of any matter within its jurisdiction by the President of the National Assembly, by the President of the Senate, by the President of the Economic, Social and Environmental Council, by the Prime Minister, by the Minister responsible for the economy, by the President of the National Council of Statistical Information or by the Director General of the National Institute of Statistics and Economic Studies under its powers of coordinating the methods, means and statistical work of the public administrations. The meeting at which the referral is considered must be held within a maximum period of three months after its formulation.
The authority may also consider any matter within its jurisdiction.

Article 4 Learn more about this article...


For the performance of their missions, members of the authority have access to places of production or dissemination of public statistics, may obtain communication of any useful documents held by the services that produce or disseminate public statistics and may collect information from any agent of these services.

Article 5 Learn more about this article...


The members of the authority are appointed for six years. However, the term of office of the chair of the Statistical Secret Committee is that provided for by the decree mentioned in theArticle 6 bis of the Act of 7 June 1951 referred to above.
The president's mandate is not renewable.
Unless resigned, the appointing authority may terminate the functions of a member of the authority only in the event of a serious incapacity or fault identified by the member.
In the event of death, resignation or revocation under the conditions mentioned above of a member or the loss of the quality for which he was appointed, another member shall be designated, under the conditions provided for in theArticle 1 of the Act of 7 June 1951 referred to abovefor the duration of the remaining term.

Article 6 Learn more about this article...


The authority shall meet upon the convocation of its president or at the request of four of its members. The agenda of the meetings is set by the President.
The authority can only validly deliberate if at least five of its members are present. The deliberations are adopted by a majority of the votes of the members present. In the event of equal sharing of votes, the president's voice is preponderant.
The authority may hear any person whose hearing is likely to inform its deliberations. Those people do not participate in the vote.
The authority establishes its rules of procedure.
The authority shall elect a Vice-President, called upon to supple the President, under the conditions provided for by its rules of procedure.

Article 7 Learn more about this article...


To ensure its secretariat, the authority has the means available to it by the National Institute of Statistics and Economic Studies.

Article 8 Learn more about this article...


Members of the authority, as well as any person regularly summoned to his meetings, may be reimbursed for the travel expenses they undertake to attend the meetings under the same conditions as those provided for civil personnel of the State.

Article 9 Learn more about this article...


The list of ministerial statistical services referred to in I of Article 1 of the Act of 7 June 1951 referred to above is established and updated by order of the Minister responsible for the economy.
At the date of publication of this decree, the services on the list annexed below shall be considered as ministerial statistical services.

Article 10 Learn more about this article...


The Minister of Economy, Industry and Employment is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex

    A N N E X E

    The date of publication of Decree No. 2009-250 of 3 March 2009 concerning the Public Statistics Authority is considered as ministerial statistical services:
    In services under the Minister of Ecology, Energy, Sustainable Development and Land Management:
    The observation and statistics department of the police station for sustainable development.
    In services under the Minister of the Interior, Overseas and Territorial Communities:
    The Department of Studies and Local Statistics of the General Directorate of Local Government.
    In the services of the Minister of Labour, Social Relations, the Family, Solidarity and the City and the Minister of Economy, Industry and Employment:
    The management of research animation, studies and statistics.
    In services under the Minister of Immigration, Integration, National Identity and Solidarity Development:
    The Department of Statistics, Studies and Documentation of the General Secretariat.
    In services under the Minister of Justice:
    The sub-direction of the statistics and studies of the General Secretariat.
    In services under the Minister of Agriculture and Fisheries:
    The Statistical and Forward-looking Branch of the General Secretariat;
    Competent services specialized in statistical activities of the regional branches of agriculture and forest;
    The Office of Fisheries and Aquaculture Statistics of the Directorate of Maritime Fisheries and Aquaculture.
    In services under the Minister of National Education and the Minister of Higher Education and Research:
    The Departmental Research and Education Statistical Service, composed of the sub-direction of statistical summaries and offices of statistical studies on education, higher education and research and innovation, within the direction of evaluation, foresight and performance.
    In services under the Minister of Defence:
    The economic observatory of defence in the direction of financial affairs.
    In services under the Minister of Health and Sports, the Minister of Labour, Social Relations, the Family, Solidarity and the City and the Minister of Budget, Public Accounts and the Public Service:
    The Directorate of Research, Studies, Evaluation and Statistics.
    In services under the Minister of Health and Sports:
    The mission of studies, observation and statistics of the leadership of youth, popular education and associative life.
    In services under the Minister of Culture and Communications:
    The Department of Studies, Forward-looking and Statistics of the delegation for Development and International Affairs.
    In services under the Minister of Budget, Public Accounts and Public Service:
    The Office of Statistics, Studies and Evaluation of the General Directorate of Administration and Public Service;
    The Department of Statistics and Economic Studies of the General Directorate of Customs and Indirect Rights.


Done in Paris, March 3, 2009.


François Fillon


By the Prime Minister:


Minister of Economy,

industry and employment,

Christine Lagarde


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