Key Benefits:
Publics concerned: any person who may use public statistics results or respond to questionnaires of public statistics surveys.
Subject: amendment of the governance rules of the main institutions of public statistics, namely the Public Statistics Authority, the National Statistical Information Council, the Statistical Secret Committee and the Public Statistics Label Committee.
Entry into force: the text comes into force on the first day of the second month following that of its publication.
Notice: This decree aims to enable the Public Statistics Authority to mobilize the skills and resources of the Public Statistics Label Committee to ensure compliance with the principles of public statistics (professional independence, objectivity, impartiality, relevance and quality of data) of the design, realization and dissemination of statistics from the exploitation of administrative sources and to assign a label of general interest and statistical quality to these productions. It allows the National Council of Statistical Information to provide advice, with the assistance of the Public Statistics Label Committee, on the quality of statistics produced by private law bodies and useful to general information when requested by these organizations. Finally, the decree modernizes the procedure before the Statistical Secret Committee by merging the two existing sections and suppresses its attachment to the National Statistical Information Council.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance,
Considering Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, EURATOM) No 1101/2008 on the transmission to the Statistical Office of the European Communities of statistical information covered by the secret, Regulation (EC) No 322/97 of the Council on Community Statistics and Decision 89/382/EEC, EURATOM of the Council establishing
Vu la Act No. 51-711 of 7 June 1951 amended on the obligation, coordination and secrecy of statistics;
Vu le Decree No. 2009-250 of 3 March 2009 relating to the Public Statistics Authority;
Vu le Decree No. 2009-318 of 20 March 2009 amended on the National Statistical Information Council and the Statistical Secret Committee;
Vu le Decree No. 2012-479 of 12 April 2012 relating to the interdepartmental delegate to the Archives de France and the interdepartmental committee to the Archives de France;
The State Council (Finance Section) heard,
Decrete:
The above-mentioned decree of 3 March 2009 is amended:
1° Article 1:
(a) At the end of the 1st, the words: "to the European recommendations on good statistical practices" are replaced by the words: "to the code of good practices of European statistics mentioned in Regulation (EC) No. 223/2009 of the European Parliament and Council of 11 March 2009 on European statistics; » ;
(b) The 2°, 3°, 4°, 5° and 6° respectively become the 3°, 4°, 5°, 6° and 7°;
(c) It is inserted a 2° as follows:
« 2° Ensure that the design, realization and dissemination of productions from the operation, for general information purposes, of data collected by government departments, public bodies and private bodies responsible for a public service mission are carried out in accordance with the principles of professional independence, objectivity, impartiality, relevance and quality of data; » ;
2° Article 2:
(a) The words: "at 1°" are replaced by the words: "at 1° and 5°";
(b) It is added a paragraph to read:
"The authority may make public the conclusions of the audits to which it conducts pursuant to the 2nd of Article 1. It may assign a label of general interest and statistical quality to the productions it examined under this 2°. » ;
3° The second sentence of the first paragraph of Article 5 is deleted;
4° Section 8 is amended to read:
(a) The words: "as well as any person regularly summoned to meetings" are deleted;
(b) A second preambular paragraph is inserted:
"Subject to the agreement of its president, any person summoned to the meetings of the Public Statistics Authority may be reimbursed the travel expenses that it is required to undertake to attend, under the same conditions as those provided for the civil personnel of the State. »
The above-mentioned decree of 20 March 2009 is amended:
1° The title is replaced by the following title:
" Decree on the National Council of Statistical Information, the Committee on Statistical Secret and the Committee on the Public Statistics Label";
2° Article 1:
(a) The first and second paragraphs are replaced by the following paragraph:
"The National Council of Statistical Information gives its opinion, including:"
(b) At 2°, the words "the Community" are replaced by the words "the Union";
(c) At 5°, the words: "exploitation" are replaced by the words: "of assignment to the National Institute of Statistics and Economic Studies or to departmental statistical services";
(d) It is inserted an 8° as follows:
« 8° On the quality of statistics produced by private law bodies and useful to general information, when requested by these organizations. » ;
3° In the second paragraph of Article 2, the words: "for the purpose of obtaining the visa provided for in Article 20" are replaced by the words: "of public statistics for obtaining the visa provided for in Article 20"Article 2 of the Act of 7 June 1951 referred to above » ;
4° Article 3:
(a) In the first sentence, the words "the label committee" are deleted;
(b) The second sentence is deleted;
5° At 2° of Article 5, before the words "or their representative" are inserted the words "the Director General of the Strategic Analysis Centre";
6° In the second paragraph of Article 7, the words ", with the agreement of the office," are deleted;
7° The second sentence of Article 8 is deleted;
8° In article 9, the 3°, 4°, 5°, 6°, 7° and 8° respectively become the 4°, 5°, 6°, 7°, 8° and 9° and it is inserted a 3° as follows:
« 3° The Director General of the Strategic Analysis Centre or its representative; » ;
9° In section 10, the following paragraph shall be inserted after the fifth paragraph:
"The office prepares the work of the National Statistical Information Council. » ;
10° Section 11 is replaced by the following:
“Art. 11. - The National Council of Statistical Information has a secretariat headed by a secretary general assisted by an assistant secretary general. This secretariat is made available by the National Institute of Statistics and Economic Studies. » ;
11° In the first sentence of the first paragraph of Article 12, after the words: "of the latter", are added the words: "or relative to the referral of the Public Statistics Authority by the President of the National Statistical Information Council on a particular subject";
12° Section 14 is replaced by the following:
“Art. 14. - The Statistical Secret Committee includes, in addition to its Chair and representatives of the National Assembly and the Senate:
« 1° The member of the Economic, Social and Environmental Council mentioned at the 1st of Article 5;
« 2° Four representatives of the administration:
"A representative of the National Institute of Statistics and Economic Studies;
"A representative of the Seal Guard, Minister of Justice;
"The interdepartmental delegate to the Archives de France or its representative;
"A representative of the interested producer service, designated by the Minister for which this service is located;
« 3° Two members appointed by the President of the National Commission on Informatics and Freedoms;
« 4° Two members of the Scientific Council of the Human and Social Sciences Data Consultation Committee established by the Decree No. 2001-139 of 12 February 2001appointed by the President of this Council;
« 5° Two of the members mentioned in the 3rd of Article 5, chosen by and among them;
« 6° Representatives of the Movement of Businesses of France, the General Confederation of Small and Medium Enterprises and the Real Patronage, the Craft Professional Union and the National Federation of Trade Unions of Agricultural Operators mentioned in the 4th of the same article;
« 7° A representative of the National Institute of Demographic Studies, designated by the director of this institution;
« 8° One of the members mentioned in the 6th of the same article, chosen by and among them;
"The members of the Statistical Secret Committee mentioned in the 5th, 6th and 8th may be represented by their deputy to the Plenary Assembly of the National Statistical Information Council. » ;
13° In Article 15, the words "five years" are replaced by the words "six years";
14° The first paragraph of section 16 is replaced by the following paragraph:
"In the event of the absence or incapacitation of the president, the Committee of Statistical Secret shall hold a session under the chairmanship of the interdepartmental delegate to the Archives de France or his representative. » ;
15° Section 17 is amended as follows:
(a) I:
The second paragraph is deleted.
The third paragraph is replaced by the following:
"The Statistical Secret Committee shall issue its opinion by taking into account the nature and interest of the work for which the request is made and the quality of the person or body presenting the request and the guarantees it presents. It ensures that the volume of information requested is not excessive in relation to the work that justifies their communication and that it does not result in excessive impairment of interests than the Act of 7 June 1951 referred to above He heard about protecting. In the case of requests relating to private facts and behaviours, it verifies that this request is made for public statistics or scientific or historical research. In all cases, the Statistical Secret Committee determines the conditions under which this individual information may be made available to the applicant. » ;
(b) In II, the words "the plenary formation of" are replaced by the word "the";
(c) In IV, the words: "The sections and the plenary formation of" are replaced by the word "The" and the word "may" is replaced by the word "may";
16° The title of Chapter IV is replaced by the following title: "The Public Statistics Label Committee. » ;
17° Section 20 is replaced by the following:
"Art. 20. - I. The Public Statistics Label Committee examines on behalf of the National Council of Statistical Information projects involving the collection of information through surveys for which the visa provided for in the National Council of Statistical Information is soughtArticle 2 of the Act of 7 June 1951 referred to above. These projects are submitted to it by public statistics producer services.
"He verifies that these projects:
“(a) Received a favourable notice of opportunity from a chair of a thematic commission of the National Statistical Information Council; or
“(b) are provided by a special law; or
"(c) Present a character of indisputable necessity and urgency.
"It assesses the implementation modalities provided by the producer service, including taking into account the statistical quality of the project, the burden involved in the investigation for natural or legal persons who are the subject of the survey, the degree of consultation with users and the respect for the terms of the notice of opportunity.
"In the event of a favourable evaluation of the project, the investigation shall give a notice of compliance and a notice of its mandatory nature.
"The committee examines, on behalf of the National Council of Statistical Information and at the request of the National Council, the statistics produced by private law bodies.
"In particular, it assesses the statistical quality of the processes leading to these statistics and their conformity with the rules of art recognized by the profession. It transmits the conclusions of this review to the President of the National Statistical Information Council.
“II. ― The Public Statistics Label Committee examines, on behalf of the Public Statistics Authority, and at the request of the Public Statistics Authority, the processes of exploitation and dissemination, for general information purposes, of data collected by administrations, public bodies and private bodies responsible for a public service mission. The outcome of this review is reflected in a notice.
"III. ― The chair of the Public Statistics Label Committee is appointed by order of the Minister responsible for the economy, on a joint proposal by the presidents of the National Statistical Information Council and the Public Statistics Authority or, if not, on a proposal by the Director General of the National Institute of Statistics and Economic Studies. » ;
18° Section 21 is repealed;
19° Article 22:
(a) The first sentence of the first paragraph is replaced by the following sentence:
"The terms and conditions of the public statistics label committee are specified by an order of the Minister responsible for the economy taken after notice of the National Council of Statistical Information and the Public Statistics Authority";
(b) The second paragraph is replaced by the following paragraph:
"To ensure its secretariat, the Public Statistics Label Committee has the means available to it by the National Institute of Statistics and Economic Studies. » ;
20° Article 27:
(a) The words: "The members of the National Council of Statistical Information and any person regularly convened at its meetings" are replaced by the words: "The members of the National Council of Statistical Information, the Committee of the Public Statistics Label and the Committee of Statistical Secret";
(b) A second preambular paragraph is inserted:
"Subject to the agreement of the president concerned, any person summoned to the meetings of the National Council of Statistical Information, the Committee of Statistical Secret and the Committee of the Public Statistics Label may be reimbursed for the travel expenses that it is required to undertake to attend the meetings or events organized by them, under the same conditions as those provided for the civil personnel of the State. »
The provisions of this decree come into force on the first day of the second month following that of its publication.
The procedures and work under way at that date within the Public Statistics Authority, the National Statistical Information Council and its bodies, the Statistical Secret Committee and the Public Statistics Label Committee continue within the framework established by the provisions of this decree.
The provisions of the 13th of Article 2 apply to the chair of the Statistical Secret Committee in office on the date of publication of this Order.
The Minister of Economy and Finance is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 10 January 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Economy and Finance,
Pierre Moscovici
