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Law at the Central Bureau of Statistics

Original Language Title: Wet op het Centraal bureau voor de statistiek

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Law of 20 November 2003 laying down a law of the Central Statistical Office (Law of the Central Bureau of Statistics)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to establish the external independence of the central statistical office of the Central Office by setting up a self-governing body and establishing new rules on the application of the rules for the administration of the statistical information system. the acquisition, use and provision of data in the context of the statistical information provision;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. Definitions

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Article 1

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For the purpose of this Act:

  • a. Our Minister: Our Minister for Economic Affairs;

  • b. CBS: the statistical central office of the Netherlands;

  • (c) Director-General: Director-General of Statistics;

  • d. CCS: the Central Commission for Statistics.

Chapter 2. Central Statistical Office

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Paragraph 1. Setting and Task

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Article 2

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  • 1 There is a Central Bureau of Statistics.

  • 2 The CBS shall have legal personality.


Article 3

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The tasks of the CBS shall be the conduct of public statistics on practice, policy and science, and the publication of statistics compiled on the basis of such research.


Article 4

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CBS is responsible at national level for the production of Community statistics.


Article 5

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  • 1 The CBS may carry out statistical work for third parties in occasional cases. Such activities should not lead to competition with private providers of comparable services which are not desired from a sound market point of view.

  • 2 Our Minister may lay down detailed rules on the work referred to in the first paragraph.


Section 2. Governing bodies

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Article 6

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The CBS has two governing bodies:


Paragraph 3. Staff

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Article 7

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The powers laid down in the rules of law applicable to officials appointed to ministries, with the exception of those granted to either of Us or to Our Minister for the Interior and Kingdom Relations. rules shall be exercised by the Director-General.

Chapter 3. Director-General of Statistics

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Paragraph 1. Establishment and composition

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Article 8

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  • 1 The board of the CBS shall be constituted by a Director-General with the title of Director-General of Statistics.

  • 2 Our Minister shall lay down rules on the place replacement of the Director-General.


Paragraph 2. Appointment, suspension and dismissal

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Article 9 [ Expired by 01-01-2011]

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Article 10

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  • 1 The Director-General shall be appointed for a period of not more than seven years and may be reappointed once for a period of not more than three years.

  • 2 When opening up the function of Director-General, the CCS makes a recommendation for the fulfillment of this function to Our Minister.

  • 3 Suspension and dismissal of the Director-General shall not take place than after the CCS has been heard.


Article 11 [ Expired by 01-01-2011]

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Article 12 [ Expired by 01-01-2011]

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Paragraph 3. Tasks, powers and operation

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Article 13

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  • 1 The Director General is in charge of governing the CBS.

  • 2 The Director General shall represent the CBS in and out of law.


Article 14

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  • 1 The Director-General shall draw up a multiannual programme at least once every five years, laying down the main lines of work on CBS for the next few years.

  • 2 The multiannual programme shall also contain a description of the objectives to be achieved in the medium and long term, the broad outlines of the policy to be followed and the financial and organisational conditions to be fulfilled for that purpose.


Article 15

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  • 1 The Director-General shall draw up an annual work programme for the following year. It may alter the work programme in the intervening period.

  • 2 The work programme defines the work that CBS will work on in a given year, to the extent that the available resources permit.

  • 3 The work programme contains a description of the importance of a statistics for practice, policy and science, whether a statistic is necessary on the basis of European or other regulations, is a responsibility for the most important unhoned requests for statistics and a paragraph showing the costs and revenues of the statistics.


Article 16

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  • 1 The Director-General shall, before 1 November and the amendments to the work programme, submit the multiannual programme and the work programme for CCS to the interim.

  • 2 The Director-General shall submit the multiannual programme, the work programme and the changes to the work programme, after adoption by the CCS, to the CBS for the period for which they are subject. He makes a statement on this in the Official Gazette.


Article 17

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  • 1 The CCS shall send the multiannual programme to our Minister before 1 December.

  • 2 Our Minister makes his position on the financial and organisational conditions to be fulfilled for the implementation of the multiannual programme, determined in accordance with the opinions of the Council of Ministers, within six months of the adoption of the receipt of the programme to the knowledge of the Director-General, the CCS and the Second Chamber of the States-General. He makes a statement on this in the Official Gazette.


Article 18

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The Director-General shall determine the methods by which the surveys included in the work and multiannual programmes shall be carried out and the manner in which the results of those surveys shall be made public.


Article 19 [ Verfall by 01-01-2011]

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Chapter 4. Central Committee for Statistics

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Paragraph 1. Establishment and composition

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Article 20

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The governance of the CBS is also co-formed by a Central Statistics Committee.


Article 21

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  • 1 The CCS consists of the Chairman and an equally number of other members at least six and a maximum of ten.

  • 2 The Secretary is a staff member of the CBS designated by the Director General, in agreement with the CCS Chair. The secretary is not a member of the CCS.


Paragraph 2. Appointment

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Article 22

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  • 1 Our Minister points out a member of the CCS as deputy chairman.

  • 2 When opening a place, the CCS shall make a recommendation for its fulfillment to our Minister.


Article 23

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  • 1 The members of the CCS shall be appointed for a period not exceeding four years. They may be reappointed once.

  • 2 At the time of the interim resignation, the member appointed for the performance of the open cases shall resign at the time when the person in whose place he was appointed should have resigned. He shall be reappointed immediately.


Article 24 [ Verfall by 01-01-2011]

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Paragraph 3. Tasks, powers and operation

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Article 25

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The task of CCS is to:

  • (a) to promote the statistical information provided by public authorities to meet the needs of practice, policies and science;

  • (b) promote the accuracy and completeness of the statistics to be disclosed by the public authorities;

  • (c) assessing the multiannual programme and work programme of the CBS;

  • d. to ensure that the acquisition of data by the CBS is carried out in such a way that the resulting administrative burden on undertakings and institutions is as low as possible;

  • e. to ensure that the statistical work performed by the CBS for third parties does not lead to competition with private providers of comparable services that are not desired from a sound market point of view;

  • f. to monitor the implementation by the Director-General of the competence to provide collections of data for the purpose of statistical or scientific research.


Article 26

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  • 1 The CCS shall adopt a Board of Procedure.

  • 2 The CCS meets at least four times every year.


Article 27

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Only a new statistical survey will be launched by one of our Ministers or in an investigation which has already been carried out, after the CCS has been heard.


Article 28

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In order to carry out its task, the CCS may apply directly to third parties in order to obtain the information it needs.


Article 29

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  • 1 The CCS may contribute to the preparation of certain decisions and tasks to sub-committees or to the Director-General, either from among its members or from among its members.


Article 30

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The Chairman of the CCS may in urgent cases be Article 16, first paragraph , referred to as CCS competence, in so far as it concerns an amendment to the work programme, and the Article 27 exercise such powers.


Article 31

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Documents of, or on behalf of, the CCS shall be signed by the Chairman and the Secretary.


Article 32

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Decisions of the CCS shall be taken in accordance with the position of the majority of the members.

Chapter 4a. Bonaire, Sint Eustatius and Saba

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Article 32a

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This Act, with the exception of Articles 4 , 38a to 39 , 41, second paragraph, part d , and 52a to 52c , it shall also apply in the public entities Bonaire, Sint Eustatius and Saba, except that: Chapter 5, Section 4 As that stated on the day prior to the entry into force of the Adaptation Act Fourth tranche Awb , in the said public bodies, remains applicable.

Chapter 5. Acquisition, use and provision of data

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Paragraph 1. Acquisition

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Article 33

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  • 1 The Director-General shall be empowered to use data from registrations kept in connection with the execution of a statutory task for the purposes of statistical purposes:

    • a. Institutions and services of:

      • 1º. the Empire;

      • 2º counties;

      • 3º municipalities;

      • 4º. waterboards;

      • 5º. public bodies formed by the Common Arrangements Law ;

    • b. public bodies referred to in Article 134 of the Constitution ;

    • c. Self-employed administrative bodies at the level of central government.

  • 2 The Director-General shall also be empowered to use data from registrations maintained by a general measure of management, heard the CCS, to be used for statistical purposes, designated by entities designated by or exercise, or wholly or partly, directly or indirectly, under the Act, be financed either directly or indirectly by the State or from the proceeds of levies imposed by the State or by the Law.

  • 3 In so far as the acquisition referred to in paragraphs 1 and 2 does not provide the necessary information, the Director-General shall be empowered to draw up, for the purpose of statistical purposes, general measures of management, including CCS, to draw up information ask for categories of undertakings, free professionals, institutions and legal persons, designated by that measure.

  • 4 The institutions, services, bodies and self-employed entities referred to in paragraph 1 shall be the legal persons referred to in paragraph 2 and those referred to in paragraph 3, free professionals, institutions and legal persons provide the information referred to in those paragraphs, free of charge, at the request of the Director-General within a period to be determined by a general management measure. Confidentiality obligations may not be invoked unless these obligations are based on international regulations.

  • 5 In so far as the information referred to in paragraph 3 is situated in the field of the Dutch banking system and collected by De Nederlandsche Bank NV in respect of its tasks, the acquisition of such data shall be effected after consultation with and by intervention by De Nederlandsche Bank NV. As regards the other information in the Dutch banking sector, the acquisition of this data is carried out after consultation with De Nederlandsche Bank NV.


Article 34

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The Director-General may include the civil service number in a registration and shall use it for the purposes of statistical purposes. The Director-General may use the civil service number in contact with persons and bodies in so far as they are themselves authorised to use that number in a registration.


Article 35

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The Director-General may, for the purposes of statistical purposes, personal data as intended Article 16 of the Personal Data Protection Act processing.


Article 36

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The Director-General shall ensure that the acquisition of information is carried out in such a way that the resulting administrative burden on undertakings, free professionals, is carried out in the proper performance of its task. institutions and legal persons whose statutes are designed to protect the interests of the undertakings concerned, of professional and other institutions and of institutions, are as low as possible.


Section 2. Use of data

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Article 37

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  • 1 The data received by the Director General in the course of the performance of the tasks in implementation of this Act shall be used exclusively for statistical purposes.

  • 2 The data referred to in paragraph 1 shall not be provided to anyone other than those in charge of the implementation of the tasks of the CBS.

  • 3 The information referred to in paragraph 1 shall be disclosed only in such a way that no identifiable information on a separate person, household, undertaking or institution can be derived from it, unless, in the case of information relating to in the case of an undertaking or an institution, there is a reasonable reason to believe that there are no reservations about disclosure to the undertaking or institution concerned.


Article 38

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The Director-General shall ensure the necessary technical and organisational provisions for the protection of his data against loss or damage and against unauthorized persons, acting on the basis of the rules applicable to the State Department. the taking-up, modification and provision of such data.


Paragraph 2a. Implementation of Regulation 638/2004

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Article 38a

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Article 38b

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The reporting agents referred to in Article 7 of Regulation 638/2004 , which are required to make an indication under that Regulation, shall provide the relevant information to CBS free of charge.


Article 38c

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  • 1 At ministerial level, the following shall be established:

    • a. the information referred to in Article 9, second paragraph, of Regulation 638/2004 must be specified;

    • b. the manner in which the particulars referred to in subparagraph (a) are to be given;

    • (c) the amount of the information provided for in Article 10, paragraph 1, of Regulation 638/2004 the statistical thresholds referred to;

    • d. All that is needed further for the satisfaction of the Regulation 638/2004 Non-compliant rules.

  • 2 By ministerial arrangement, the nature and level of the provisions of Article 10, fourth paragraph, may be Regulation 638/2004 the statistical thresholds are to be established.

  • 3 The thresholds referred to in paragraph 1 (c) and in paragraph 2 shall be fixed in each calendar year.


Article 38d

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Article 13, second paragraph, of Regulation 638/2004 The report shall be drawn up by CBS.


Paragraph 3. Provision of data

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Article 39

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  • 1 By way of derogation from Article 37 provide the Director-General for information to the Community and national statistical authorities of the Member States of the European Union and to the members of the European System of Central Banks, to the extent that such provision is necessary by a decision of the Council of the European Union and of the European Parliament.

  • 2 For each other supply to Community and national statistical authorities of the Member States of the European Union or of members of the European System of Central Banks, the Director-General shall ensure that all administrative, technical and organisational measures have been taken for the physical and logistical protection of confidential data and for the prevention of any unlawful disclosure and use for non-statistical purposes in the dissemination of require Community and national statistics.


Article 40

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  • 2 The data referred to in paragraph 1 shall be designated in a scheme to be adopted by Our Minister after consultation with our Minister of Finance and after hearing the CCS.


Article 41

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  • 1 By way of derogation from Article 37 the Director-General may, upon request, for the purposes of statistical or scientific research, collect data relating to the use of which appropriate measures have been taken to identify individual persons, households, prevent undertakings or institutions from providing a service, organisation or institution as referred to in paragraph 2, or to grant them access to such institutions.

  • 2 A collection of data as referred to in paragraph 1 may be provided, or access may be granted to:

    • a. A university within the meaning of the Law on higher education and scientific research ;

    • b. A scientific research organisation or establishment established by law;

    • c. Planning agencies established by the law or by the law;

    • d. Community and national authorities for statistics of the Member States of the European Union;

    • e. Research divisions of ministries and other services, organisations and institutions, to the extent that it has been obtained by the consent of the CCS.


Article 42

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The Director-General shall be responsible for a request Article 41 Only if, in the decision of the Director-General, the applicant has taken sufficient measures to prevent the collection of data from being used for purposes other than statistical or scientific research.


Article 42a

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  • 1 By way of derogation from Article 37 At the request of the Director-General for scientific research in the field of public health, the Director-General may, on request, communicate to the CBS for the purposes of statistical surveys on the basis of Article 12a of the Act on funeral services has gathered, from persons involved in a scientific investigation.

  • 2 The Director-General shall be entitled to a request referred to in paragraph 1 only if the person concerned has given his express consent to such a communication, or, if the person concerned has not been given such a grant, has been able to express an express consent to the extent that the applicant sufficiently demonstrates that:

    • a. The questions of consent on the part of life of the person concerned were, in reasonable terms, not possible or required to be required;

    • (b) it has not been found that the person concerned has objected to the processing of his personal data for the purposes of scientific research;

    • (c) research is a general interest;

    • (d) the examination cannot be carried out without the relevant information;

    • The investigation, by the way, complies with the requirements to be reasonably made.

  • 3 The Director-General may attach further conditions to a provision under the first paragraph.

  • 5 Our Minister, in agreement with our Minister of Health, Welfare and Sport, shall hear the CCS and the College protection personal data, detailed rules relating to the power referred to in the first paragraph.


Paragraph 4. Administrative penalty and penalty payment

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Article 43

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  • 1 The Director-General may impose an administrative fine of up to € 5 000 on the Article 33, second paragraph , and the legal persons referred to in Article 33, third paragraph , undertakings, free trade professionals, institutions and legal persons who do not provide, in good time or in a timely way, the information referred to in those paragraphs.

  • 2 The Director-General may impose an administrative fine of up to or less than € 5 000 to the person who is not, in good time or in good time, an indication of the amount of Article 38b Does.

  • 3 Our Minister may, in agreement with our Minister of Security and Justice, lay down rules on the exercise of the power to impose administrative penalties.


Article 44 [ Verfalls by 01-07-2009]

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Article 45 [ Expated by 01-07-2009]

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Article 46 [ Expaed by 01-07-2009]

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Article 47 [ Expaed by 01-07-2009]

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Article 48

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The operation of the decision to impose an administrative fine shall be suspended until the expiry of the period of appeal or, if appeal has been lodged, on the appeal.


Article 49 [ Expaed by 01-07-2009]

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Article 50 [ Expired by 01-07-2009]

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Article 51

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The Director-General may, instead of an administrative penalty, be fine Article 33, third paragraph -undertakings, professional or legal persons, institutions and legal persons who do not provide, in good time or in good time or in a timely or timely way, the information referred to in that Article, whether the information referred to in that Article is not fully furnished or is not fully or not complete Article 38b -to impose a burden of penalty payments. An administrative fine and a charge of periodic penalty payments can also be imposed jointly.


Article 52

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  • 1 Provisions governing the provision of information to the Director-General may be subject to penalty payments.

  • 2 A charge shall apply for a period of no more than two years to be determined by the Director-General.

Chapter 5a. Provision of assistance for inspections

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Article 52a

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On the request of the European Commission, the CBS shall assist in an inspection pursuant to Article 5 (4) of Delegated Decision 2012 /678/EU of the Commission of 29 June 2012 on investigations and fines in respect of the manipulation of statistics referred to in Regulation (EU) No European Parliament and Council resolution on the effective enforcement of budgetary surveillance in the euro area (Pb EU 2012, L 306).


Article 52b

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  • 1 The Director-General shall, in the case of a request for assistance as provided for in Article 52a , by decision, the officials responsible for the provision of such assistance.

  • 2 The officials referred to in paragraph 1 shall have the powers referred to in Article 5, first paragraph, points (a) to (e) of Delegated Decision 2012 /678/EU of 29 June 2012 on investigations and fines for the purpose of the implementation of the provisions of the Directive. Manipulation of statistics as referred to in Regulation (EU) No European Parliament and Council resolution on the effective enforcement of budgetary surveillance in the euro area (Pb EU 2012, L 306).


Article 52c

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On data obtained in the provision of assistance as referred to in Article 52a is Article 37 not applicable, except that these data are to be transmitted to the European Commission only.

Chapter 6. Provision of information

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Article 53

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  • 1 The Director-General's annual report also provides an insight into the administrative burden in that year for undertakings and institutions as a result of the acquisition of data by the Director-General, in the facilities which the Director-General responsible Article 36 and to the extent of the reduction in the administrative burden.

  • 2 The Director-General's annual report shall be sent to the CCS before 1 March, which shall send it to our Minister before 1 April.


Article 54

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The CCS annual report will be sent to our Minister for approval before 1 April.


Article 55

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Our Minister may lay down rules on the establishment of the annual report referred to in the Articles 53 and 54 .


Article 56

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  • 1 The Director-General shall submit the annual report approved by the CCS, as referred to in Article 53 , and the annual report approved by Our Minister, Article 54 -to see the CBS for eight weeks.-That's right. The Director-General shall give notice in the Official Journal of the European Union.

  • 2 Our Minister shall immediately send a copy of the annual reports to both chambers of the States-General.


Article 56a [ Expat per 01-01-2011]

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Article 57

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Our Minister may lay down detailed rules relating to the exchange of information, Article 20 (1) of the Framework Law on independent administrative bodies .


Article 58 [ Verfall by 01-01-2011]

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Article 59 [ Verfall by 01-01-2011]

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Chapter 7. Financial supervision

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Paragraph 1. Budget

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Article 60

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The costs incurred in the exercise of the tasks of implementing this Act shall be borne by the State budget, with the exception of the costs incurred in carrying out the statistical work for third parties.


Article 61

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By way of derogation from Article 26 of the Framework Law on independent administrative bodies The obligation to send to our Minister an annual budget for the following year shall not apply to the CCS.


Article 62 [ Expired by 01-01-2011]

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Article 63

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Our Minister may lay down rules on the establishment of the budget.


Article 64

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  • 1 The Director-General shall forward the budget to CCS before 1 February.

  • 2 The Director-General shall adopt the budget in accordance with CCS.

  • 3 The Director-General shall forward the budget to our Minister before 1 April.


Article 65

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Without prejudice Article 29 (2) of the Framework Law on independent administrative bodies The approval may be withheld if our Minister objects to the amount of the proposed amount to be included in the national budget.


Article 66

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In the situation referred to in Article 30 of the Framework Law on independent administrative bodies , the Director-General shall also inform the CCS thereof without delay indicating the cause of the differences.


Section 2. Management and accountability

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Article 67

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  • 1 The Director-General shall keep CBS's financial resources at the current account with our Minister of Finance.

  • 2 The Director-General may, for the purposes of carrying out the tasks of this Law, have the financial resources which he holds in charge of the Minister for Finance.

  • 3 Our Minister of Finance shall, in agreement with our Minister, after consultation with the Director-General, lay down rules on the interest payable on the balances of the current account referred to in this Article. shall be taken

  • 4 Our Minister of Finance shall not charge any costs for the management of the current account referred to in this Article.

  • 5 The Director-General may, with the approval and under the guarantee of Our Minister for the financing of investments, obtain loans from our Minister of Finance if the investments are required for the exercise of the tasks for the implementation of this Act.

  • 6 Our Minister of Finance may, in agreement with our Minister, lay down detailed rules on the first paragraph.


Article 68

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The Director-General may have prior agreement of our Minister for the acts referred to in Article 32 of the Framework Law on independent administrative bodies .


Article 69 [ Verfall by 01-01-2011]

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Article 70

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  • 1 The Director-General shall draw up annual accounts.

  • 2 The Director-General shall forward the accounts before 1 March to the CCS.

  • 3 The Director General shall establish the annual accounts in accordance with CCS.

  • 4 The Director-General shall forward the annual accounts to our Minister before 1 April.


Article 71 [ Expired by 01-01-2011]

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Article 72 [ Verfall by 01-01-2011]

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Article 73

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Our Minister may lay down rules on the establishment of the financial statements and the audit points of the audit.

Chapter 8. Amendment and repeal of laws

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Article 74

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Article 74a

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Article 75

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The Law of 28 December 1936, laying down measures to obtain correct economic statistics (Stb. 639DD), is hereby repealed.


Article 76

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The Provision of data CBS for statistical purposes shall be withdrawn.


Article 77

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The Law on the Central Bureau and the Central Commission for Statistics shall be withdrawn.

Chapter 9. Transitional and final provisions

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Paragraph 1. Transitional provisions

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Article 78

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  • 1 With effect from the date of independence of the CBS, the staff of the CBS under our Minister shall be dismissed and appointed as an official employed by the CBS.

  • 2 The transfer of the staff referred to in paragraph 1 shall be made by a legal position at least equivalent to those applicable to each of them to the service part of the Minister responsible for service.

  • 3 The persons who, at the time of the independence of the CBS under a civil service contract, belong to the staff of the CBS of our Secretary of State, shall be discharged from that date in law. and engaged in the service of the independent CBS with a legal position which is at least equivalent to that applied to each of them to the service part of our Minister.

  • 4 The rules of law laid down by Our Minister, which apply to the staff of the CBS of the CBS at the time of independence of the CBS, shall continue to apply mutatis mutandis with effect from that date. the staff employed by the independent CBS until they are on the basis of Article 7, first paragraph It is provided by the Director-General.


Article 79

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  • 1 Our Minister determines, in agreement with our Minister of Finance, the assets of the State imputed to CBS under our Minister to be entrusted to CBS.

  • 2 The assets referred to in paragraph 1 shall, with effect from the date of independence of the CBS, enter into a general title on the CBS of the CBS against one by our Minister in agreement with our Minister of Finance. value to be determined.

  • 3 In the case of goods transferred under the first and second members of the register, change in the conditions of the public registers referred to in Article 3 shall be Section 2 of Title 1 of Book 3 of the Civil Code take place. The necessary declarations shall be made by the care of our Minister of Finance to the depositaries of the registers concerned.


Article 80

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Archives of the CBS of our Secretary of State shall, with effect from the date of independence of the CBS, proceed to the independence of CBS, in so far as they are not in accordance with the provisions of the Secretary-General Archive Act 1995 have been transferred to an archive store.


Article 81

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  • 1 In legal proceedings and legal proceedings involving the CBS of our Secretary of State, the CBS or the Director-General may be incorporated into the place of the CBS with effect from the date of the independence of the CBS. Well, it's our minister.

  • 2 In cases where, before the date of independence of the CBS, the National Ombudsman was requested to carry out an inquiry or the National Ombudsman to carry out an inquiry into a conduct which may be imputed to the Our Minister responsible for CBS shall be the Director-General at that time as a governing body within the meaning of the Law National Ombudsman in the place of our Minister.


Paragraph 2. Final provisions

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Article 82 [ Expired by 01-01-2011]

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Article 83

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The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.


Article 84

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This law is cited as: Law at the Central Bureau of Statistics.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at The Hague, 20 November 2003

Beatrix

The Minister for Economic Affairs,

L. J. Brinkhorst

Published on 8 December 2003

The Minister of Justice,

J. P. H. Donner