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Law No. 226 Of 5 June 2009 The Organisation And Functioning Of Official Statistics In Romania

Original Language Title:  LEGE nr. 226 din 5 iunie 2009 organizării şi funcţionării statisticii oficiale în România

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LEGE no. 226 226 of 5 June 2009 (* updated *) organization and functioning of official statistics in Romania ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 Purpose This law regulates the organization and functioning of official statistics in Romania, the establishment, development and coordination of the national statistical system, for the systematic and scheduled elaboration of official statistics for the formulation, implementation, modernization and evaluation of national policies, national and local development plans, in accordance with the fundamental principles of official statistics, with the provisions 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 1.101/2008 of the European Parliament and of the Council on the transmission of confidential statistical data to the Statistical Office of the European Communities, Regulation (EC) No 322/97 of the Council on Community statistics and Decision no. 89 89 /382/EEC ,, Euratom of the Council establishing the Committee for the Statistical Programmes of the European Communities and the principles set out in the Code of Practice of European Statistics. ----------- Article 1 has been amended by section 1. 1 1 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. + Article 2 Fields and functions of official statistics Official statistics cover all organized activities for the collection, processing, analysis, dissemination of statistical data, development of statistical culture, constitution and administration of official statistical data series made by: a) public authorities and institutions, exclusively the National Bank of Romania, including data and information of demographic, social, economic, environmental, financial and legal character, necessary for the knowledge of economic and social realities, development strategies and forecasts, governmental and economic operators decisions, elaboration of scientific research, information of public opinion and international cooperation in the field of statistics; b) The National Bank of Romania, for the areas in which it has powers according to its own organization and functioning law. + Article 3 Scope of application This law applies to all natural and legal persons resident in Romania, as well as to non-resident ones, who carry out activities on the territory of Romania. + Article 4 Definitions of basic terms Within the meaning of the present law, the following terms and expressions have the following meanings: a) statistical research-the process of knowledge of mass phenomena, carried out using statistical methods, starting from the collection of individual data to the centralization, processing, analysis and dissemination of statistical data in aggregate form; b) statistical process-all activities necessary for the collection of data, storage, processing, compilation, analysis and dissemination of statistical data; c) National statistical system-all producers of official statistics, gathered together in a coherent and unified structure, participating in official statistics; d) statistical purpose-quantitative knowledge of the manifestation of economic, social and environmental phenomena at the level of simple or complex statistical units of the same kind. For the purpose of this purpose, methods of collection and processing of individual and aggregated statistical data are used; e) data provider-natural or legal person obliged, within the meaning of the law, to provide, exclusively for statistical purposes, data on his own person or on another statistical unit subject to observation, to which he is in a direct relationship; f) reporting unit-natural person, household, legal person, private entrepreneur, economic operator, professional association, central and local public institution, as well as any other person on the territory of Romania who provide data, exclusively for statistical purposes, according to the content, form, periodicity and deadlines set by the annual National Statistical Programme; g) statistical unit-household, natural person, legal person or an organizational structure of the legal person, strictly defined methodologically, subject to direct statistical observation or through the reporting unit; h) producer of official statistics-public institution or unit with statistical profile within a public authority or institutions, part of the National Statistical System, which collects statistical data, processes and disseminates statistics official; i) user of statistical data-natural or legal person of any kind using official statistical data; j) official statistics-the activities covered by this law or other normative acts adopted pursuant to it, as well as by the Statute of the National Bank of Romania, in accordance with the fundamental principles of national statistics; k) statistical data-the individual or aggregated data collected on request, within the framework of a statistical research, by a producer of official statistics; l) individual data-personal data relating to an identified or identifiable natural person or data relating to an economic operator with or without legal personality, collected by official statistics services on the basis of statistical programmes, intended exclusively for processing for statistical purposes; m) official statistical data, hereinafter referred to as official statistics-the result obtained by the processing of individual data by the official statistics producer. Data of a statistical or other nature, elaborated outside the conditions mentioned above, are not official statistical data; n) administrative data source-data collected by public administration authorities in the performance of their own object of activity, on the basis of national or European Union legislation, directly applicable to them, which can be accessed and used including for statistical purposes; o) statistical office-the independent unit or in the structure of an authority or public institution, in whose profile there are statistical activities of collection, processing and dissemination of data and which may have a form distinct institutional, as is the case of the National Institute of Statistics, or department, general direction, direction, service, office, compartment, as the case may be, within the organizational structure of the authority to which it belongs; p) statistical register-synoptic document created and managed electronically, used for statistical purposes, in which they are nominally ordered or symbolized by codes, according to predetermined criteria and characteristics, statistical units. + Chapter II Fundamental principles of official statistics + Article 5 Significance and application of fundamental principles (1) The fundamental principles on which official statistics are based are as follows: a) professional independence-statistics must be developed, developed and disseminated in an independent manner, in particular with regard to the choice of techniques, definitions, methodologies and sources to be used, as well as the timing and content of all forms of dissemination, in the absence of any pressure from political groups or interests, or from national or Community authorities, without prejudice to institutional requirements, such as budgetary provisions on Community or national institutions or the definition statistical needs; b) impartiality-statistics must be developed, developed and disseminated in a neutral manner, and all users must receive equal treatment; c) objectivity-statistics must be developed, developed and disseminated in a systematic, reliable and just manner; this principle involves the use of professional and ethical standards and the transparency of policies and practices followed by users and the respondents to the investigation; d) reliability-the statistics must measure, as faithfully, as accurately and comprehensively as possible, the reality they are meant to represent and involve the use of scientific criteria to select sources, methods and procedures; e) the confidentiality of statistical information-involves the protection of confidential data relating to individual statistical units, which are obtained directly for statistical or indirect purposes from administrative sources or from other sources; and involve the prohibition of the use of data for purposes other than statistical purposes and their illegal disclosure; f) cost effectiveness-the costs involved in the compilation of statistics must be proportionate to the importance of the results and the benefits pursued, the resources must be used optimally and the response burden must be minimised. Where possible, the information required must be easy to obtain from the registers or sources available. Statistical principles are developed in the Code of Practice of European Statistics. (2) The development, development and dissemination of official statistics should take into account international recommendations and best practices. ----------- Article 5 has been amended by section 6.6. 2 2 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. + Chapter III National statistical system + Article 6 Composition and structure of the National Statistical (1) The national statistical system includes: a) National Institute of Statistics, its territorial directorates and other subordinate institutions; b) statistical offices of the central government public administration; c) statistical offices of the local public administration; d) statistical offices of other authorities and public institutions, other than those existing in the structure of the National Bank of Romania; e) National Bank of Romania. (2) The statistics offices referred to in par. ((1) lit. a)-d) are authorized as producers of official statistics, given that the activities they carry out comply fully with the provisions of this law and are included in the national statistical programs approved by Government decisions Romania. (3) Within the National Statistical System, the National Bank of Romania, an independent public institution, is a producer of official statistics and has competences and responsibilities only for the areas in which it has powers according to its own law organization and operation. (4) The National Institute of Statistics and the National Bank of Romania are empowered, for the areas in which they have attributions according to the law, to establish their methodologies regarding the collection, processing, analysis, dissemination and constitution of the series of statistical data in their fields of competence, in compliance with the fundamental principles of official statistics provided for in the head. II. (5) The National Bank of Romania, member of the European System of Central Banks, independent public institution, may develop development strategies and statistical implementation programs, for the development of official statistics in the fields of which has powers according to its own organization and functioning law. + Article 7 Coordination and functioning of the National Statistical (1) Without prejudice to the status of the National Bank of Romania as producer of official statistics from the specific fields of competence, the National Institute of Statistics coordinates the statistical activities of the authorities and public institutions contained in the National Statistical System. (2) In relation to the producers of official statistics referred to in art. 6 6 para. ((1) lit. b)-d), the National Institute of Statistics exercises powers of monitoring, coordination and technical assistance, in order to ensure the unitary character of the methodologies, classifications, methods and techniques of collection, processing and dissemination of official statistical data produced, in accordance with the annual national statistical programme and the requirements of the European Statistical System. (3) The National Statistical Institute, member of the European Statistical System, and the National Bank of Romania, member of the European System of Central Banks, cooperate and coordinate their activities to increase efficiency, reduce the burden of response of primary data providers, to improve the quality of statistical data and to disseminate them nationally and internationally. ((4) For the organization and functioning of the National Statistical System and for the implementation and monitoring of its strategy and national statistical programmes, the National Statistical System Committee, hereinafter referred to as the COMSTAT. (5) Within COMSTAT, the representative of the National Bank of Romania shall be consulted, in order to adopt and use the concepts, classifications, best methods and techniques of collection, processing and dissemination, in order to ensure a greater Coherence and better comparability among the statistics achieved. ((6) COMSTAT is the advisory body, consisting of representatives of producers of official statistics. (7) The COMSTAT component is established by order of the President of the National Institute of Statistics. (8) Within 90 days from the entry into force of this Law, COMSTAT approves its own rules of organization and functioning. (9) Representatives of the National Institute of Statistics are members of law of COMSTAT. (10) The management of COMSTAT is provided by the President of the National Institute of Statistics, assisted by a technical secretariat consisting of personnel from the National Institute of Statistics. + Chapter IV National statistical strategy and programmes + Article 8 National statistical system strategy (1) National Institute of Statistics, in cooperation with other producers of official statistics provided in art. 6 6 para. ((1) lit. b)-d), develop the National Statistical System Strategy, hereinafter referred to as the Strategy. (2) The strategy is the institutional strengthening framework for the sustainable development and development of national statistical capacities through the provision of human and technological resources and the adoption of modern managerial practices and international statistical standards. (3) The strategy sets out the objectives and actions necessary for the functioning and development of the national statistical system, for a maximum period of 7 years, in accordance with the period defined in the statistical programme of the (4) The strategy is the basis for the development of multiannual and annual national statistical programmes, and a) satisfying the requirements of official statistical data users; b) the provision of current, relevant and quality statistical data necessary for the foundation, evaluation and monitoring of national development policies, as well as the fulfilment of Romania's international obligations; c) connection of the National Statistical System to the European Statistical System; d) establishment of priority areas for medium and long term development of the National Statistical System; e) perfecting the methods and techniques of collecting, processing and disseminating data, in accordance with the progress made in the field of statistics, internationally; f) setting priorities in the use of resources to meet strategic objectives; g) promoting statistical culture and increasing the use of official statistical data; h) increasing the credibility and transparency of the statistical process. (5) The strategy shall be drawn up by consulting official statistical data users and data providers. (6) The strategy shall be endorsed by the National Statistical Council and approved by the Government, as a public policy document. (7) During the period covered by the Strategy, it may be updated, in compliance with the provisions of par. ((1)-(6). + Article 9 Multiannual national statistical programme (1) The National Institute of Statistics elaborates, for the period covered by the Strategy, multiannual national statistical programs, in order to define the objectives and measures necessary to fulfill the Strategy. (. The multiannual national statistical programme shall be drawn up for a maximum period of 4 years, taking into account the objectives of the Strategy and the stage of their fulfilment, the statistical programme of the European Communities, the consultation of users, manufacturers and data providers. (3) The multiannual national statistical program contains measures, actions, deadlines, resources and responsibilities assumed within the National Statistical System, necessary for the achievement of strategic objectives, the development of statistical infrastructure and the statistical process as a whole, minimizing the response burden of data providers and increasing the satisfaction of user requirements, initiated or implemented during the period covered by the program. (4) The multiannual national statistical programme shall be endorsed by the National Statistical Council and shall be approved by Government decision. + Article 10 Annual national statistical programme (1) National Institute of Statistics, in cooperation with other producers of official statistics provided in art. 6 6 para. ((1) lit. b)-d), develop the annual national statistical program, for the purpose of detailing and operationalizing the multiannual national statistical program. (2) The annual national statistical programme is the basic instrument through which the National Statistical Institute and the other producers of official statistics are authorized to carry out the collection, storage, processing, analysis and dissemination of data official statistics, in order to provide the necessary information to internal users, as well as to those arising from European Union law and from the recommendations of other international organizations. (3) The annual national statistical programme shall include information, responsibilities, resources and deadlines for the implementation of: a) statistical research; b) synthesis works, studies and statistical analyses; c) statistical publications. ((4) For statistical research, the annual national statistical programme shall specify the objective of the research, the responsible producer, the categories of statistical units included in the research, the source of the data and their collection support, the periodicity, responsibilities of the statistical units researched on the provision and transmission of data, the type of statistical data, the type of statistical observations, the deadlines and the format for the dissemination of statistical data, the level of presentation, cost and source of funding as well as other items. (5) The statistical research provided for in the Directives, regulations and decisions of the European Union is included in the annual national statistical programme. (6) The annual national statistical program shall be endorsed by the National Statistical Council and shall be approved by Government decision. ((7) The implementation of the annual national statistical programme shall be financed from the state budget, as well as from other sources. (8) For the implementation of the annual national statistical program, producers of official statistics shall include in their own budget the necessary financial (9) The approved annual national statistical program may be modified, at the justified proposal of the National Institute of Statistics, only by Government decision, with the corresponding rectification of the allocated budgets. (10) Statistical surveys of national interest such as population and housing censuses, census of agriculture, enterprises, heritage or other high volume statistical research, the programme of which runs on a the period of more than one year and requiring the allocation of additional resources, shall be approved by special law. (11) The National Institute of Statistics, together with the other producers of official statistics, shall draw up in the first half of the year following the reference one a report of the annual national statistical programme. (12) The report referred to in paragraph (11) is subject to the opinion of the National Statistical Council, after which it is released. + Chapter V National Statistical Council + Article 11 Purpose and functions of the National Statistical Council (1) For the reflection in the programs of the National Statistical System of the requirements of all categories of data users, in order to ensure the objective, transparent and scientific character of the official statistics activity and to minimize the reporting efforts of data providers shall be established, in addition to the National Statistical Institute, the National Statistical Council, advisory body, hereinafter referred to as the Council. (. The Council shall have the following tasks a) debates and formulates recommendations on the development and improvement of the statistical information system, in order to increase the satisfaction of the data users ' requirements; b) debates, formulates recommendations and endorses the draft strategy and projects of national statistical programs; c) debates and formulates recommendations in relation to plans for the elaboration of methodologies, indicators systems, nomenches and classifications used in the National Statistical System; d) debates and formulates recommendations on all plans for organizing and conducting statistical research of national importance, elaborated within the National Statistical System; e) debates and formulates recommendations on improving the instruments and mechanisms for implementing the principles of functioning of the National Statistical System; f) debates, formulates recommendations and endorses draft normative acts concerning the National Statistical System; g) signals and debates the malfunctions within the National Statistical System and makes recommendations for preventing and correcting them. + Article 12 Composition and appointment of Council members (. The Council shall have the following: a) 2 representatives of the Romanian Academy; b) 4 representatives of specialized higher education units; c) 3 representatives of research institutes; d) 6 representatives of ministries and/or specialized bodies subordinated to the Government; e) a representative of the National Bank of Romania; f) 2 representatives of trade union bodies; g) 2 representatives of employers ' organizations; h) 3 representatives of the media; i) 2 representatives of professional associations; j) a representative of the associative structures of the local public administration. k) 2 representatives of the Presidential Administration of Romania; ----------- Lit. k) a par. ((1) of art. 12 12 was introduced by section 4.2. 3 3 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. l) 4 representatives of the Romanian Parliament, including 2 representatives of the Senate and 2 representatives of the Chamber of Deputies. ----------- Lit. l) a par. ((1) of art. 12 12 was introduced by section 4.2. 3 3 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. (2) The President of the National Statistical Institute is a member of law (3) Council members shall be proposed by the bodies and institutions referred to in paragraph 1. ((1) and shall be appointed for a period of 2 years. --------- Alin. ((3) of art. 12 12 has been amended by section 4 4 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. (3 ^ 1) Members of the Council referred to in par. ((1) lit. a)-d) and f)-j) are appointed for a period of 2 years, by decision of the first Members referred to in par. ((1) lit. e) and k) are appointed for a period of 2 years, by decision of the Governor of the National Bank of Romania, respectively by decree of the President of Romania. ----------- Alin. (3 ^ 1) of art. 12 12 has been introduced by section 5 5 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. ((3 ^ 2) Council members referred to in paragraph 1. ((1) lit. l) are appointed for a period of 2 years, by decision of the plenum of the two Chambers of the Romanian Parliament. ------------ Alin. (3 ^ 2) of art. 12 12 has been introduced by section 5 5 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. (4) Members of the Council shall receive a participation allowance at a meeting equal to 15% of the average gross monthly salary on the economy. This allowance is valid for the period 2010-2012. ------------ Alin. ((4) of art. 12 12 has been amended by section 6 6 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. + Article 13 Rules of operation (1) The management of the Council shall be ensured by a Chairperson and 3 Vice-Presidents, elected by open vote, by simple majority, from among its members. (. The Council shall draw up and approve its rules of operation. (3) The Council shall meet on a quarterly basis or whenever necessary, at the convocation of its chairman, and may constitute working groups on statistical domains, according to his/her duties. (4) In its activity, the Council is assisted by a secretariat provided by the National Institute of Statistics of its specialized staff. (5) The Council shall draw up an annual report on the work carried out, which it shall release on its website of the National Statistical Institute or in a national high circulation daily. + Chapter VI National Institute of Statistics + Article 14 Organisation (1) The National Institute of Statistics is the main producer of official statistical data of the state, having, in this capacity, the role of coordinator of the National Statistical System, in accordance with the provisions of art. 7 7 para. ((1). (1 ^ 1) The National Statistical Institute is the national statistical authority designated as the responsible body for coordinating all activities at national level, in order to develop, develop and disseminate European statistics, representing the point of contact for the Commission (EUROSTAT), on statistical matters. ---------- Alin. ((1 ^ 1) of art. 14 14 has been introduced by section 7 7 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. (2) The National Institute of Statistics is organized and operates as a specialized body of the central public administration, with legal personality, subordinated to the Government and in the coordination of the Prime Minister, through the Prime Minister's Chancellery. ---------- Alin. ((2) of art. 14 14 has been amended by section XII of art. 8 of EMERGENCY ORDINANCE no. 40 40 of 28 June 2016 published in MONITORUL OFFICIAL no. 490 490 of 30 June 2016. (3) Under the National Institute of Statistics operates, as public institutions with legal personality, regional statistical directorates and county statistical directorates, corresponding to the territorial structure of Romania, financed fully from the state budget, through the budget of the National Institute of Statistics. ---------- Alin. ((3) of art. 14 14 has been amended by section 1 1 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. (4) The organization and functioning of the National Institute of Statistics shall be approved by Government decision. (5) In order to ensure an appropriate level of statistical coverage of the territory of the country, by order of the President of the National Institute of Statistics can create compartments, offices or services for the collection and dissemination of data statistics and in cities other than those of the county seat, as well as in the sectors of Bucharest, with the maximum number of approved posts. + Article 15 Functions and duties (1) The National Institute of Statistics shall exercise, in its fields of competence, the following main tasks: a) realize the strategic development programming of the National Statistical System; b) defines and implements, in its field of activity, the normative and institutional framework necessary to achieve the strategic objectives; c) develop the system of statistical indicators, calculation methodologies, classifications and nomenclatures of national interest, based on national requirements and international norms and standards, and apply the specific technologies and techniques of obtaining and processing data; d) ensure the absorption of the acquis communautaire and its implementation; e) ensure the transposition of Community directives into statistics and their notification to the European Commission. In addition to the notification process of national measures transposing Community directives, the National Statistical Institute shall notify the European Commission of all legislative measures adopted in the fields governed by the Community Directives. transposed into domestic law, according to its areas of responsibility; e ^ 1) negotiate and conclude international treaties at a departmental level and other international agreements; ---------- Lit. e ^ 1) a par. ((1) of art. 15 15 was introduced by section 4.2. 8 8 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. f) establishes the form of presentation, deadlines and periodicities for the provision of the required statistical data; g) collect statistical data, produce and disseminate official statistics; h) carries out methodological studies, statistical analyses and interpretations of official statistics; i) organize and manage the registers and statistical databases; j) cooperate with other producers of official statistics on the elaboration, implementation and monitoring of the implementation of national statistical programmes; k) provide technical and methodological assistance to other producers of official statistics in the design and implementation of specific statistical research, as well as in the administration of statistical databases; l) collaborate with ministries and other specialized institutions of public administration, in order to commiserate the National Statistical System with other information systems; m) monitors the unitary application of the fundamental principles of functioning of the National Statistical System and compliance with legal regulations in the field of official statistics; n) implement the concepts on quality management in statistics and the Code of Practice of European Statistics, in the National Statistical System; o) efficiently use the conference room and its adjacent spaces, existing within the administrative headquarters of the National Institute of Statistics; ---------- Lit. o) a par. ((1) of art. 15 15 has been amended by section 4.2 2 2 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. p) promotes statistical culture in Romania and carries out scientific research activities in the field of statistics; q) administer the goods and manage the budgets and funds allocated; r) performs other tasks specific to its field of activity. s) organize short courses, seminars, internal and international conferences, participate in scientific research activities and provide technical assistance in the field of statistics, nationally and internationally; ---------- Lit. s) a par. ((1) of art. 15 15 was introduced by section 4.2. 3 3 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. s) organizes and promotes, in compliance with the applicable legal framework, continuous professional training activities, through the educational system, for the specialized staff of the National Institute of Statistics and for the specialized staff of the other producers of official statistics; ---------- Letter s) a par. ((1) of art. 15 15 was introduced by section 4.2. 3 3 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. t) issue, under the law, educational diplomas or graduation certificates, as the case may be, with highlighting the acquired competences, with national validity, in the following fields: statistics, economy, econometrics, demography and sociology quantitative, information technology, as well as in other areas related to statistical activity. ---------- Lit. t) a par. ((1) of art. 15 15 was introduced by section 4.2. 3 3 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. (2) In carrying out the duties provided in par. (1), the National Institute of Statistics is authorized: a) to request and obtain free statistical data from all natural and legal persons resident in Romania or non-residents operating on the territory of Romania; b) to use, outside its own staff, statistical operators for the collection of data from households and legal entities included in statistical research; in the category of statistical operators, persons attracted temporarily, on the basis of civil conventions, for the collection of data, as well as households, if they constitute statistical observation units; c) to contract, under the law, specialized services, according to the provisions of art. 31, for the realization of research, analyses and statistical studies. + Article 16 Resources (1) The level of funds and the number of posts necessary to carry out the activities of the National Statistical Institute through national statistical programs shall be established annually, within the limits of the funds and the number of posts approved General of the Government, through the state budget law. (1 ^ 1) For the development, development and dissemination of European statistics, in accordance with the provisions of art. 168 168 para. ((1) lit. d) of Regulation (EC, Euratom) No 2.342/2002 of the Commission of 23 December 2002 laying down detailed rules for the application of Regulation (EC, Euratom) No 1.605/2002 of the Council on the Financial Regulation applicable to the general budget of the European Communities, the National Institute of Statistics may receive, without the need for a call for proposals, grants from the European Union in the form of grants, non-reimbursable external funds of post ----------- Alin. ((1 ^ 1) of art. 16 16 has been introduced by section 9 9 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. ((1 ^ 2) The grants thus obtained operate on the principle of pre-financing from the beneficiary's budget, the reimbursement of expenses by the financier and the reunification of income. --------- Alin. ((1 ^ 2) of art. 16 16 has been introduced by section 9 9 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. ((2) Abrogat. ---------- Alin. ((2) of art. 16 16 has been repealed by section 6.6. 4 4 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. (3) The National Institute of Statistics is authorized to manage external funds, in accordance with the legal provisions, and to use additional specialized personnel during the period of the activities financed from these funds. (4) The National Institute of Statistics may attract and hire, with the prior opinion of the Ministry of Public Finance, non-reimbursable external funds, other than those provided by Government Emergency Ordinance no. 63/1999 on the management of non-reimbursable funds allocated to Romania by the European Community and their co-financing funds, approved by Law no. 22/2000 , with subsequent amendments and completions. (5) The funds provided in par. (1 ^ 1), (1 ^ 2) and (4), as well as the funds representing the contribution of the Romanian part related to them are included in the budget of the National Statistical Institute --------- Alin. ((5) of art. 16 16 has been amended by section 10 10 of art. unique from LAW no. 211 211 of 11 November 2010 published in MONITORUL OFFICIAL no. 765 765 of 16 November 2010. (6) If the non-reimbursable external funds are obtained after the approval of the state budget law, they shall be used according to the destination received and shall be included in the budget, on the occasion of the budgetary corrections. (7) The contribution of the Romanian part related to the funds provided (6) shall be ensured from the approved budget appropriations and shall be included in the state budget, on the occasion of the budget adjustment, and shall be used according to the legislation in the field of public finances (8) For the realization of projects financed from non-reimbursable external funds attracted and, as the case may be, from the funds representing the contribution of the Romanian side, the National Institute of Statistics and its subordinate units shall additional specialist staff, as well as statistical operators, during the project period. (9) Own staff referred to in par. (8) benefit from incentives of up to 3 basic salaries, per month, during the project period and within the limits of personnel expenses provided for in each project, according to the financing agreement. (10) The criteria, the level and the way of granting the incentives provided in par. (9) are established by order of the President of the National Institute of Statistics. (11) The personnel employed in the National Institute of Statistics, including those from the territorial directorates, benefit from a stability increase of up to 20%, calculated on the basic salary, as follows: ┌ ---------------------------------- ------------------------------------- | Uninterrupted seniority tranche |% | in institution | from basic salary | ├ ---------------------------------- 留言 | 加入好友 |-from one to 5 years | 10 | ├ ---------------------------------- 留言 | 加入好友 |-from 5 years to 10 years | 12 | ├ ---------------------------------- 留言 | 加入好友 |-from 10 years to 20 years | 15 | ├ ---------------------------------- 留言 | 加入好友 |-over 20 years | 20 | └ ---------------------------------- ------------------------------------- (12) The athlete provided in par. ((11) shall be paid from the beginning of the month following that in which the tranche of uninterrupted seniority in the institution was fulfilled. ((13) The activity of the personnel involved in the implementation of the national statistical programs is carried out in accordance with the provisions of the Code of Professional Ethics of the statistician, which provides the necessary framework for the exercise of professionalism, loyalty, fairness and timeliness. (14) The payment of persons temporarily attracted in the activity of collection of statistical data is carried out on the basis of tariffs established according to the complexity of the research carried out; the tariffs are established by order of the President of Statistics, and the income thus obtained is taxed according to the law. (15) Population households, which constitute statistical research units, are paid for filling the forms related to the statistical research in which they participate, based on an indemnity established by order of the President of the Institute National Statistics, taxed according to the law. (16) In the case of movements for the collection of data in a locality other than that of domicile, the statistical operators also benefit from the settlement of transport expenses; training, as well as those for receiving and teaching questionnaires. + Article 17 Management (1) The National Institute of Statistics is headed by a president with the rank of secretary of state, secondary authorising officer, aided by three vice presidents with the rank of undersecretary of state, appointed by decision of the Prime Minister. (. Vice-Presidents shall have the following tasks: a) coordinates the activity of organization of the national statistical system and international cooperation in the field of statistics, in accordance with the provisions of 7 7 para. ((1); b) coordinate the activity of economic and social statistics; c) coordinate the statistical infrastructure. (. In the exercise of his duties, the President shall issue orders and instructions. (4) The President of the National Institute of Statistics represents the institution in relations with the Presidential Administration, the Romanian Parliament, the Romanian Government, with other public authorities, with third legal entities, with individuals, as well as with organizations in the country and abroad. The President may give specific representation of representation to other persons within the National Institute of Statistics. (. The President shall, in his field of activity, perform the following main duties: a) organize, coordinate and control the application of laws, ordinances and decisions of the Government, orders and instructions issued according to the law, in compliance with the limits of authority and the principle of local autonomy of institutions public and economic operators; b) initiates and endorses draft laws, ordinances and decisions of the Government, under the conditions established by the methodology approved by the Government; c) represent the interests of the state in various international bodies and bodies in matters of statistics, in accordance with the agreements and conventions to which Romania is a party, as well as with other agreements established for this purpose, and develops relations collaborating with similar bodies and organisations in other countries, as well as with international organisations whose field of activity is of interest; d) cooperate with the specialized higher education institutions for the training and improvement of the professional training of the personnel in the official statistics system; e) appoint and issue from office, under the law, the staff of the institute's own apparatus, as well as the director and deputy director, as the case may be, of his subordinate units; f) performs other specific tasks in its field of activity. (6) The duties specific to the Vice-Presidents are established by order of the President. (7) The Secretary-General of the National Institute of Statistics, senior civil servant, appointed under the law, is subordinate to the President. + Article 18 Repealed. ---------- Article 18 has been repealed by point (a) 5 5 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. + Article 19 Repealed. ---------- Article 19 has been repealed by point (a) 6 6 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. + Chapter VII Statistical offices of public authorities and institutions + Article 20 Organisation (1) The statistics offices provided for in art. 6 6 para. ((1) lit. b)-d) are distinct structures, organized within the authorities they belong to, authorized to collect, produce and disseminate official statistical data, based on national statistical programs and according to norms, techniques and standards developed in accordance with the provisions of this Law (2) In order to perform the duties and tasks of official statistics, public authorities and institutions that do not have statistical structures organized in accordance with the provisions of par. (1) may create, within the limits of the number of posts and approved budgets, statistical offices. (3) The public authorities and institutions in the structure of which the statistics offices referred to in par. ((1) and (2) are obliged to provide the resources necessary to carry out official statistical activities, which are returned to them within the National Statistical System. (4) Statistical offices organized in accordance with par. ((1) and (2) shall be dimensioned, from the point of view of financial and personnel resources, depending on the importance, volume and complexity of statistical activities specific to the authorities to which they belong, so as to meet their own needs Statistical information and requirements of the National Statistical System. (5) Statistical offices organized in accordance with par. ((1) and (2) are included in the National Statistical System and are subject to the provisions of this Law. (6) The statistical offices function within the authorities to which they belong and perform their duties of official statistics, in their field of activity, under the scientific and technical-methodological guidance of the National Institute of Statistics. (7) Local councils in municipalities and cities with over 100,000 inhabitants can create statistics offices, under the conditions of par. ((2). + Article 21 Functions and duties (1) Statistical offices organized in accordance with the provisions of art. 20 20 para. (1) and (2) fulfil the following main tasks: a) promote and carry out the collection, processing and dissemination of statistical data concerning public authorities in the structure of which it operates, in accordance with the rules, techniques and statistical standards issued by the National Institute of Statistics, in cooperation with other producers of official statistics, within the National Statistical System; b) cooperate with the other producers of official statistics for the statistical research provided in the annual national statistical programme; c) act to harmonize the information systems of the authorities to which they belong with the National Statistical System, in order to reduce the degree of request of data providers; concrete actions to harmonize information systems it is carried out through specific agreements, protocols, conventions concluded between the National Institute of Statistics and public authorities in which statistical offices are organized; d) contribute to the promotion and development of the statistical information system, including through the transmission of statistical data files in interconnected system, within the National Statistical System; e) presents to the National Institute of Statistics and to the public authority to which an annual report on the activities carried out, which will be an integral part of the annual report of the National Statistical System (2) The statistical offices that organize statistical surveys included in the annual national statistical program shall be obliged: a) to transmit for approval to the National Institute of Statistics the methodology of statistical research; b) to provide to the National Statistical Institute the results of the own statistical research provided in the annual national statistical program, including individual data, for the purpose of subsequent statistical processing, analysis and dissemination by statistical publications of national interest. + Chapter VIII Data collection, data sources, processing and storage of statistical data + Article 22 Authorization of statistical data collection (1) The National Institute of Statistics, the territorial directorates under it and the other producers of official statistics shall be authorized to collect statistical data from any available source, in accordance with the activities provided for in the annual national statistical programme, in compliance with the provisions of X. (2) In order to ensure the quality of the statistical data collected, the staff of the National Statistical Institute, its territorial directorates and other producers of official statistics, based on a prior notification, shall have the right to verify how to determine the reported data and their correspondence with the data providers ' records. + Article 23 Methods for collecting statistical data (1) Data may be collected directly from data providers by: a) mail; b) internet; c) telephone; d) face-to-face interviews, through operators of special statistics accredited for this purpose; e) other means of direct communication between data providers and producers of official statistics. (2) The data may be collected indirectly, in order to be processed for statistical purposes, by: a) taking over the data contained in administrative sources b) methods and technical means of remote sensing or other data collection methods. ((3) Depending on the purpose of statistical activities, producers of official statistics may use mixed collection and methods. (4) The requested data, in accordance with the annual national statistical programme, may be provided on paper, on magnetic medium or by other means necessary for computer processing. ((5) In case of use of the methods referred to in (2), when data providers are not informed according to the provisions of art. 24 24 para. (1), manufacturers of official statistics shall be authorized to take over including the identification data available in the administrative sources. + Article 24 Data providers ' rights (. Data providers shall be entitled to be informed by producers of official statistics, prior to the time of data collection, of: a) the legal basis of statistical data collection; b) the objective for which data collection is requested; c) the mandatory nature of data provision; d) the official statistics producer authorised to collect the data; e) guarantee the use of data provided for statistical purposes only; f) ensuring confidentiality of data; g) the consequences resulting from the refusal to provide data or as a result of the provision of incomplete, incorrect or after the expiry of the deadline set by the annual national statistical programme. (2) Personal data of natural persons, of the nature of those concerning racial or ethnic origin, political, religious, philosophical or similar beliefs, trade union membership, criminal record, health and intimate life may be collected and processed only with the consent of the persons concerned, subject to compliance with Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions, as well as those provided for in the head. X. + Article 25 Obligations of data providers (1) Data providers are obliged to transmit, free of charge, to producers of official statistics accurate, current and complete data, within the deadlines, periodicities, in the form and according to the collection method provided for in the annual national statistical program and in accordance with the methodological norms. (2) If the data communicated by the data providers are not correct, current and complete, they shall be obliged: a) following the finding of this situation by the data provider to correct them, update them and complete them, as appropriate, to notify this and to transmit them immediately to the manufacturer of official statistics that requested them; b) following the finding of this situation by the producers of official statistics to correct them, to update them, to complete them, as the case may be, and to convey them according to the measures and deadlines ordered by the manufacturer of official statistics that Requested them. (3) Data providers are required to present to persons authorized by official statistics producers the documents and records necessary to verify the quality of the statistical data provided. (4) In case of application of the sanctions provided for in 46, the obligations of the data providers provided in par. ((1) and (2) continue until full compliance, within the deadline set by the official statistics producer. + Article 26 Statistical data sources The National Institute of Statistics and other producers of official statistics may collect data by statistical sources and from administrative sources. + Article 27 Statistical sources (1) The National Institute of Statistics and other producers of official statistics shall collect data by the following statistical sources: a) exhaustive statistical observations of the type of censuses, which involve the collection of statistical data from all units included in the reference statistical population; b) statistical observations by survey, which involve the collection of data from a representative part of the reference statistical population; c) partial statistical observations of the type of pilot surveys, involving the collection of data from a part of the reference statistical population, without making it compulsory to ensure its representativeness. ((2) The request for individual data obtained through statistical research elaborated within the National Statistical System can be carried out, exclusively for statistical purposes, only by conventions and under the conditions in which it is justified, for the development, development and effective dissemination of official statistics or improving their quality. (3) The collection of statistical data on individuals and households is carried out by the National Institute of Statistics. Other producers of official statistics will be able to carry out research in households only with the opinion of the National Institute of Statistics, in compliance with the provisions of 7 7 para. ((1) and (2). (4) In order to assess the methodologies and quality of data sources, the National Statistical Institute and the other producers of official statistics may carry out pilot investigations. ((5) Data collected through pilot surveys provided in par. ((4) are not considered and cannot be disseminated as official statistical data. + Article 28 Administrative sources (1) In order to complete the necessary data volume and to reduce the level of request of data providers, the National Statistical Institute and its territorial directorates have the right of access to the data from the records of the authorities and institutions public, including individual identification data, in compliance with the provisions of the head. X. (2) The National Institute of Statistics and its territorial directorates have the right to obtain individual data from the administrative registers of public utility, under the conditions provided in par. ((6). (. Data obtained from administrative sources, including individual sources, shall be used for statistical purposes only. ((. Other producers of official statistics shall have the right of access to data from administrative sources, including individual data, managed by the authority in which they operate. ((5) The holders of the administrative data sources obtained by their own observation and management methods shall be obliged, with the provision of the data, to make available, free of charge, to producers of official statistics the information on: a) the scope; b) the definitions of characteristics; c) the methods by which the data was collected; d) methods for obtaining derived data. (6) The National Institute of Statistics and other producers of official statistics have access to the data contained in the administrative sources, preferably to those stored in electronic format, where they exist, based on conventions concluded with the source holder, in accordance with the legal provisions. (7) The owners of the administrative data sources are obliged to notify to the National Institute of Statistics the creation of new administrative documents or the modification of existing ones. + Article 29 Statistical methodologies (1) The National Institute of Statistics, in cooperation with the other producers of official statistics, establishes the methodologies for carrying out research and statistical works, as provided for in the annual national statistical program. (2) Statistical methodologies developed according to par. (1) are approved by order of the President of the National Institute of Statistics. (3) The methodologies, classifications and statistical nomenclatures of general interest are published in the Official Gazette of Romania, Part I. (4) Producers of official statistics, which collect statistical data for their own field of activity outside the annual national statistical program, may define their own statistical methodologies without the opinion of the National Institute of Statistics. + Article 30 Processing and storing statistical data (1) During the processing of the collected data, manufacturers of official statistics shall apply appropriate methods and techniques to ensure the highest degree of correctness and consistency of the statistical data produced. (2) In order to respect the principle of confidentiality, within the processing and storage operations of the collected statistical data, the producers of official statistics are obliged to separate the data from the identification of the data providers from the other recorded variables. (3) The National Statistical Institute and the other producers of official statistics are obliged to destroy the questionnaires used in statistical research, as well as references to the identification data stored on any type of environment, except the data necessary for the establishment and updating of statistical registers, after the completion of the processing process, but not later than 18 months after the end of the reference period. (4) The National Institute of Statistics and other producers of official statistics are obliged to record and store, safely, the materials and statistical documents, so as to prevent accidental destruction or unapproved, incorrect use, falsification, alienation or unauthorized dissemination thereof, in compliance with the provisions National Archives Law no. 16/1996 , with subsequent amendments and completions. (5) The processing rules, the storage rules, the technical and organizational conditions shall be elaborated, in the fields of competence of the National Institute of Statistics, in compliance with the legal provisions and approved by order of the President of the Institute National Statistics. + Article 31 Outsourcing of statistical activities (1) The National Institute of Statistics and other producers of official statistics may entrust the implementation of specific activities related to the performance of the annual national statistical program, such as those necessary for printing and distribution statistical instrumentation, data collection and processing, design and development of publications and dissemination of statistical data, to other legal entities, on the basis of contract, under the conditions provided by Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, approved with amendments and additions by Law no. 337/2006 , with subsequent amendments and completions. (2) The National Institute of Statistics and other producers of official statistics shall be responsible for the quality of the results obtained in the outsourced activities, in which they have the obligation to establish monitoring and control measures on the carrying out these activities. (3) Legal persons carrying out activities under the conditions of par. (1) have the obligation to comply exactly with the provisions of this law, throughout their realization. (4) It is prohibited to legal persons who have been entrusted with activities according to par. ((1) to use the materials, documents, instruments made available for purposes other than those necessary to carry out statistical activities, and will return them to the producer of official statistics upon their completion. (5) The results obtained from the activities carried out according to para. (1) are the exclusive property of the official statistics producer. + Chapter IX Dissemination and use of official statistical data + Article 32 Dissemination of official statistical data (1) The official statistical data produced by the National Statistical Institute and the other producers of official statistics represent a national good of public interest and are accessible, on equal terms in terms of volume and quality data and the accuracy of their dissemination, to all users, in compliance with the provisions of art. 37 37 para. ((1). (2) The National Institute of Statistics and other producers of official statistics shall be obliged to disseminate statistical data within the time limits set out in the annual national statistical programme or provided in the calendar for the dissemination of statistical data Official. (3) The individual data collected by the National Statistical Institute and the other producers of official statistics shall be used only for statistical purposes and may not be made public except in aggregate form, except in the cases provided for in art. 35 35 para. ((1). (4) The dissemination of official statistical data before the established dissemination period, as well as the preferential treatment given to users by any person in the official statistics system constitute violations of the duties of service and attract the disciplinary responsibility of the persons who are guilty of these facts. (5) The publication of official statistical data by users of statistical data, in written or electronic form, or of other data and information derived from them is done only with the indication of the source. (6) The National Institute of Statistics and other producers of official statistics shall develop and disseminate, according to the annual national statistical program or within the limits of available resources, statistical publications on paper and in format Electronic. (7) The statistical publications edited by the National Institute of Statistics may be disseminated, free of charge, to public administration authorities, national and university libraries, accredited media, as well as to other categories of users, with the approval of the President of the National (8) Within the limit of available stock, the statistical publications on paper edited by the National Institute of Statistics shall be disseminated upon request, for a fee, the price being determined for the purpose of recovering the expenses necessary for the editing and diffusion. + Article 33 Deadlines for the dissemination of official statistical data (1) The National Institute of Statistics is obliged to inform users the annual calendar of dissemination of official statistical data, in accordance with the deadlines set out in the annual national statistical program. (2) Any modification of the deadlines set in the calendar provided in par. (1), exceptionally, shall be announced at least one month before, in the case of annual statistics, and one week before, in the case of infraannual statistics. + Article 34 Dissemination of statistical data produced outside the annual national statistical programme (1) Based on the results of statistical research contained in the annual national statistical program, at the express request of internal and external users, the National Institute of Statistics and territorial directorates may elaborate other works, may edit statistical publications and can provide statistical data by special processing, according to user requirements, in compliance with data protection and confidentiality. (2) The National Institute of Statistics and its territorial directorates are authorized to carry out, on the basis of contract, research and special statistical works, including publications that are not included in the annual national statistical program, at the request internal or external beneficiaries. (3) The statistical activities referred to in par. (1) and (2) shall be carried out for a fee, based on tariffs established by the National Institute of Statistics, which cover all the expenses involved, including those of editing and dissemination of results. ((4) The amounts collected from the sale of statistical publications resulting from the activities referred to in par. (1) and (2), according to art. 32 32 para. (8), as well as those obtained from the supply, at the request of users, of statistical data on paper or magnetic support shall be paid to the state budget. ---------- Alin. ((4) of art. 34 34 has been amended by section 7 7 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. ((5) Abrogat. ---------- Alin. ((5) of art. 34 34 has been repealed by section 6.6. 8 8 of art. II of ORDINANCE no. 3 3 of 27 January 2016 published in MONITORUL OFFICIAL no. 64 64 of 28 January 2016. + Article 35 Dissemination of individual data (1) The individual data referred to in art. 32 32 para. (3) may be disseminated for research purposes only, in the following cases: a) if the data contain the characteristics provided in art. 36 36 para. ((6); b) whether the natural or legal person providing statistical data gives his written consent to the dissemination of his/her individual data; c) if the data was collected from publicly available sources; d) if the data are disseminated in a form which does not allow the direct or indirect identification of the data providers to which it relates. (2) The National Institute of Statistics and other producers of official statistics may provide, upon request, to scientific research units and researchers individual anonymized data, only for the purpose of carrying out research activities scientific. (3) Access, under the conditions provided in par. (2), the individual data shall be made only on the basis of a contract between the parties, stating explicitly the purpose, the conditions of use, the way of valorisation and the obligation of the users to communicate the results of the research, not to publish them or transmit to a third party without the written consent of the manufacturer of official statistics and to destroy such data after the approval of the research results. (4) The National Institute of Statistics and other producers of official statistics shall keep records of the users referred to in par. ((2), as well as the purposes for which the individual data was provided. + Chapter X Confidentiality and protection of statistical data + Article 36 Confidentiality of official statistical data (1) Based on the provisions of this law, statistical data shall be considered confidential, if it relates to a single natural or legal person or if they allow the identification, directly or indirectly, of the natural or legal person concerned. (2) Provisions of para. ((1) shall apply from the moment the data provider transmits the data to the manufacturer of official statistics. (3) In the case of data obtained from administrative sources, the provisions of para. ((1) shall apply from the moment of their transmission to the official statistics producer. (4) The statistical data resulting from the processing of individual data will be disseminated, in compliance with the conditions provided in par. ((1), if following the aggregation process the results relate to at least 3 reporting units and if none of them has a share of more than 80%. (5) By exception to the provisions of par. (1), the individual data of legal entities relating to the name, address, activity profile, social capital, turnover and number of personnel are not considered confidential, data that preserve their public character, according to legal provisions. (6) Privacy does not extend to individual data on institutions and organizations funded from the state budget that carry out activities of public interest, except in cases where such data is protected by laws and other special normative acts. (7) The confidential statistical data collected by the producers of official statistics may not serve as legal evidence or the establishment of rights or obligations for the data providers to which they relate. + Article 37 Statistical data protection (1) In order to guarantee the confidential nature of the individual data, the National Statistical Institute and the other producers of official statistics are obliged to adopt, during the entire statistical process, administrative measures, organizational and technical for the protection of the confidentiality of individual statistical data, the prevention of access, dissemination, alienation and unauthorized destruction thereof. (2) The rules and procedures for the implementation of the measures provided for in par. (1), in the fields of competence of the National Institute of Statistics, are approved by order of the President of the National Institute of Statistics, which is published in the Official Gazette of Romania, Part I. (3) The staff of the National Institute of Statistics, including those from the territorial directorates of statistics, as well as persons temporarily attracted in the activity of collecting and processing individual data are obliged to respect the confidentiality of this data, during and after the cessation of activity. (4) The staff referred to in par. ((3) It is prohibited to use the individual data obtained through the activities specific to official statistics for its own interest or for the realization of activities for the benefit of a third party. (5) The staff provided in par. (3), exclusively persons temporarily attracted in the activity of collecting statistical data, benefit from a confidentiality increase of 15%, calculated on the basic salary. + Chapter XI Statistical registers + Article 38 System of statistical registers (1) In order to complete the available data volume, reduce the load of data providers and carry out statistical research by survey, the National Institute of Statistics is authorized to create, update and maintain Statistical registers. (2) Statistical registers are created on the basis of data sources obtained from censuses and other statistical research, as well as from administrative sources. ((3) The fields for which statistical registers are created, the organization, updating and maintenance of statistical registers are regulated by order of the President of the National Institute of Statistics. + Article 39 Updating and maintenance of statistical registers (1) The updating of data from statistical registers shall be carried out periodically by the National Statistical Institute. ((2) In order to update and maintain statistical registers, the holders of administrative registers shall periodically make available to the National Statistical Institute and its territorial directions data and information on the to the changes in the registers it administers. (3) The National Institute of Statistics has the right to adapt the data obtained from administrative sources, in order to harmonize them with the definitions and classifications used in the statistical registers they manage. (4) For the use of data for statistical purposes, the National Statistical Institute shall allocate a unique statistical code of identification for each unit of the statistical registers it administers. + Article 40 Use of individual data from statistical registers ((1) Data from statistical registers shall be used exclusively for statistical purposes, in order to carry out the activities contained in the national statistical programmes, in particular as an indispensable source for the design of statistical research by survey. (2) The individual data contained in the statistical registers administered by the National Institute of Statistics may be made available to the other producers of official statistics, corresponding to their own domain of activity, to be used exclusively for statistical purposes, subject to the preservation of the confidential nature of such data. + Chapter XII International cooperation in statistics + Article 41 Participation and representation of official statistics internationally (1) The National Institute of Statistics and other producers of official statistics actively participate in the programs carried out internationally to promote, develop and harmonize the norms and standards used in official statistics, in the purpose of ensuring the compatibility of the national statistical system with international statistical systems and the international comparability of national official statistics. (2) The official statistics from Romania are represented internationally by the president of the National Institute of Statistics, for the statistical domains that fall within the scope of activities of the institute. (3) The President of the National Institute of Statistics may mandate the prerogatives of representation of official statistics, for the fields falling within the scope of activities of the institute, and other representatives of producers of official statistics, in their specific area of competence. + Article 42 International cooperation (1) The National Institute of Statistics initiates, organizes and carries out bilateral and multilateral cooperation actions with other national statistical offices and statistical services of international bodies, in areas of common interest, on subjects of a statistical methodological nature and for the implementation of good practices in official statistics. (2) In accordance with the provisions of par. (1), the National Institute of Statistics and other producers of official statistics shall develop, on the basis of reciprocity, exchanges of experience, publications and other statistical materials, with offices of statistics from other countries and with organizations international. (3) The National Institute of Statistics and other producers of official statistics may initiate and organize joint statistical research projects with other national and international statistical offices. + Article 43 Participation in the exchange of statistical data internationally (1) The National Institute of Statistics organizes and coordinates internally the data exchange carried out in its own name, as well as for the producers of official statistics provided in art. 6 6 para. ((1) lit. b)-d), with national and international statistics offices. (2) The National Statistical Institute and the other producers of official statistics shall ensure and transmit to the Statistical Office of the European Communities, referred to as EUROSTAT, to other Community bodies as well as to international organisations statistics on Romania, within the commitments and obligations assumed by the Romanian side towards them. (3) At the request of EUROSTAT, statistical departments of international organizations, statistical offices in other countries, individual anonymized data may also be transmitted, under the terms of the conclusion of bilateral agreements through which it is guaranteed to preserve the confidential nature of the data and is certified the use of this data exclusively for statistical purposes + Chapter XIII Legal liability + Article 44 General provisions Failure to comply with the provisions of this law shall entail disciplinary, contravention or criminal liability, according to the legal provisions + Article 45 Contravention liability The following facts are contraventions: a) failure to fulfill by the data providers the obligations provided in art. 25 25 para. ((1) or (2); b) the explicit refusal of data providers to fulfill the obligations provided in art. 25 25 para. ((1) or (2); c) unjustified refusal of data providers to present to persons authorized by producers of official statistics the documents and records necessary to verify the quality of the statistical data provided; d) the use by staff employed in the National Statistical System and by staff temporarily attracted to individual data of natural or legal persons, for purposes other than statistical purposes; e) violation of art. 31 31 para. ((4); f) non-compliance with the principle of confidentiality of statistical data by personnel employed in the National Statistical System, by staff temporarily attracted in the realization of statistical activities or by legal entities provided in 31 31 para. ((1). + Article 46 Sanctions (1) Contraventions provided in art. 45 45 shall be sanctioned as follows: a) those referred to in lett. a), c), d) and f), if committed by individuals, with a fine of 500 lei to 2,000 lei; b) those referred to in lett. a), c), e) and f), if committed by legal entities, with a fine of 2,000 lei to 50,000 lei; c) the one provided in lett. b), with a fine of 10,000 lei per 100,000 lei. (2) Finding the contraventions provided in art. 45 and the application of sanctions shall be made by the personnel of the producers of official statistics, empowered by the head of the respective public institution or by the head of the public institution of which the unit with statistical profile order to be published in the Official Gazette of Romania, Part I, or by another act of decision specific to the official statistics producer, as the case may be. ((3) Contraventions provided for in art. 45 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter XIV Transitional provisions + Article 47 Editura "Revista Romana de Statistics" (1) Editura "Revista Romana de Statistics", a public institution with legal personality, fully financed by own income, subordinated to the National Institute of Statistics, ceases its activity within 30 days from the entry in force of the present law. (2) The responsibilities of the "Romanian Journal of Statistics" Publishing House take over the activity of Dissemination of Romanian statistical information, an activity fully financed by own income, which operates in addition to the National Institute of Statistics. (3) On the date of termination of the activity of the "Romanian Journal of Statistics" Publishing House, its staff is taken over by the activity of the Dissemination of Romanian On the same date, the assets and liabilities of the Publishing House "Romanian Journal of Statistics" are taken over by the activity of Dissemination of Romanian statistical information, based on the protocol-takeover protocol. + Chapter XV Final provisions + Article 48 Status of specialist statistical staff Employees of the National Statistical Institute and of the other producers of official statistics, as well as the staff drawn from outside the National Statistical System, involved in the realization of censuses and other statistical research enjoy, on the period of carrying out this activity, the protection of the law, being considered as fulfilling a public function involving the exercise of the state authority. + Article 49 Entry into force of the law This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 50 Repeal of some normative acts (1) On the date of entry into force of this Law, the Government Ordinance no. 9/1992 on the organization of official statistics, approved with amendments and additions by Law no. 11/1994 , republished in the Official Gazette of Romania, Part I, no. 763 of 18 October 2002, with subsequent amendments and completions. (2) Within 90 days from the date of entry into force of this Law, it shall be repealed Government Decision no. 1.364/2003 on the establishment of the allowance for which the statistical agents benefit for the activity carried out, published in the Official Gazette of Romania, Part I, no 861 of 4 December 2003, and Government Decision no. 783/2007 on the establishment in addition to the National Institute for Statistics of an activity fully financed from its own income, published in the Official Gazette of Romania, Part I, no. 520 520 of 1 August 2007. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
ROBERTA ALMA ANASTASE
SENATE PRESIDENT
MIRCEA-DAN GEOANA Bucharest, June 5, 2009. No. 226. ------