WORKING DRAFT (23 April 2002)

DRAFT BILL ON OFFICIAL STATISTICS

I. GENERAL PROVISIONS

Article 1

This Law regulates the basic principles of official statistics, the organisation, status, activities and co-ordination of the official statistics system, the Programme of Statistical Surveys of the Republic of Croatia, the collection, processing and storage of data, statistical registers, the dissemination and usage of data, the confidentiality and protection of statistical data, international co-operation in statistics and other issues related to official statistics.

Article 2

This Law concerns all the statistical activities of official statistics when implemented by bodies determined herein as official statistical agencies.

This Law does not concern the preparation, collection, production and storage of data for administrative purposes, or the collection of data done through methods of observation and monitoring.

This Law also concerns the data referred to in paragraph 2 of this Article from the moment when data are delivered to the official statistical agencies set out herein.

Article 3

The function of official statistics is the production and dissemination of data pursuant to the basic principles of official statistics.

Official statistics provide to the government, to the economy and to the public, on an impartial basis, data on the economic, demographic, social and environmental situation, and on activities and events that can be measured by using statistical methods. They also ensure the meeting by the Republic of Croatia of international obligations concerning the exchange of statistical data with other countries and international organisations.

Article 4

For the purpose of this Law, individual terms mean the following:

  1. "Official statistical activity" means any activity based on this Law, or the provisions of Article 35 and 36 of this Law, which applies scientific and professional methods and standards aimed at producing, processing and disseminating official statistical outputs.
  2. "Official statistical agencies" mean Croatian Statistics, the Croatian National Bank and other authorised bodies as set out in the Programme of Statistical Surveys of the Republic of Croatia.
  3. "Programme of Statistical Surveys of the Republic of Croatia" (hereinafter Programme) means a document with defines statistical surveys in conformity with this Law.
  4. "Statistical survey" means a method of systematic collection of data by which the official statistical agencies collect data directly from reporting units.
  5. “Statistical form” means any record, in paper or electronic format, of a document used to collect data from reporting units.
  6. “Data collection” means an activity which concerns the implementation of statistical surveys, the use of administrative sources of data and methods of observation and monitoring, through which the official statistical agencies, in conformity with the provisions of this Law, collect and process data related to statistical units.
  7. “Reporting units” mean legal and natural persons, households, state and judiciary authorities, local and regional self-government bodies, as well as all other entities on the territory of the Republic of Croatia who submit data exclusively for statistical purposes in a determined content and within a period of time as set out in the annual implementing plan.
  8. “Statistical unit” means a methodologically precisely defined level in any form of data collection. It is defined in such a way as to enable the reporting unit to present data as they are collected, and to allow for the official statistical agencies to aggregate such data when processing official statistical outputs.
  9. “Identifier” means any unambiguous marker by which an individual reporting unit can be directly or indirectly recognised.
  10. “Official statistical output” means any datum whose content ensures the purpose of official statistics in a manner determined in Article 3 of this Law, and which is produced, processed and disseminated in conformity with the provisions of this Law.
  11. “Official statistical datum” (hereinafter: statistical datum) means every datum which is produced and disseminated fully in conformity with this Law, or in conformity with other regulations referred to in Articles 35 and 36 herein, and which has been declared as such by the authorised official statistical agency.
  12. “Dissemination" means all the activities of official statistics which include the presentation of official statistical outputs and ways and forms of ensuring access to these outputs and methodological bases.
  13. “Data user” means any legal or natural person, state administration and judiciary body, as well as any local and regional self-government body, scientific institution and international organisation which use official statistical data.
  14. “Statistical registers” mean the nominal lists of reporting units which are continuously updated and used exclusively for statistical purposes.

II. BASIC PRINCIPLES OF OFFICIAL STATISTICS

Article 5

Official statistics are based on the principles of relevance, impartiality, reliability, transparency, timeliness, professional independence, cost effectiveness, consistency, publicity, statistical confidentiality, individual data used for exclusively statistical purposes, and public responsibility.

Article 6

The principles referred to in Article 5 herein carry the following meaning:

  1. Relevance means that a statistical datum shall meet clearly defined information requirements which concern the scope of official statistics. Statistical data shall be checked periodically, and future relevant needs for data shall be promptly identified.
  2. Impartiality means objectivity in laying down methods and definitions in the process of the compilation, presentation and dissemination of statistical data, free of any potential influence.
  3. Reliability means that the methods and procedures that concern the collection, processing and dissemination of statistical data shall be determined on the basis of established professional standards, scientific methods and principles of professional ethics, so that statistical output reflects the observed phenomena as faithfully as possible and with an appropriate level of accuracy.
  4. Transparency means that the reporting unit shall be informed about the legal obligation of submitting data, the reason for which the data are required, and the measures to protect data. A statistical datum, unless personal, shall be available to users.
  5. Timeliness means that the time period between the collection of data and the publication of data shall be as short as possible.
  6. Professional independence means that official statistical agencies shall perform the tasks of official statistics based on professional and scientific methods and knowledge, and shall be protected from any kind of influence.
  7. Cost effectiveness means the optimum use of available resources, so that the investment of effort and costs required to produce official statistics shall be proportionate to the significance of the results.
  8. Consistency means that statistical data shall be consistent in terms of content, terminology and time period. Internationally accepted concepts, terminology, classifications, definitions and methods shall be applied to achieve the maximum international comparability of official statistical data.
  9. Publicity means that the results of official statistics shall be made available to all users at the same time.
  10. Statistical confidentiality implies the protection of data related to an individual reporting unit, which have been collected either directly for statistical purposes, or indirectly from administrative or other sources. Statistical confidentiality also prohibits the use of the collected data for purposes other than statistical surveys, and on the unlawful publication of statistical data.

The principle of statistical confidentiality shall not apply to data on the body of state authority.

  1. Individual data used exclusively for statistical purposes means that data collected through statistical surveys and to which the provisions on statistical confidentiality apply may only be used in conformity with the provisions of this Law, and shall not be used as a basis for determining any rights or obligations of the reporting units.
  2. Public responsibility means that official statistical data shall be compiled and disseminated in conformity with the provisions of this Law.

III. ORGANISATION, STATUS, TASKS AND CO-ORDINATION OF THE OFFICIAL STATISTICS SYSTEM

Article 7

The tasks of official statistics shall be performed by the following official statistical agencies:

  1. "Croatian Statistics" as the central body,
  2. The Croatian National Bank,
  3. Other official statistical bodies vested with authority as set out in the Programme (hereinafter: authorised bodies).

Article 8

The Croatian National Bank and authorised bodies shall establish a special organisational unit to perform the tasks of official statistics pursuant to the provisions of this Law.

The organisational unit referred to in paragraph 1 of this Article shall be professionally independent of other organisational units of the body within which it is established. Professionally independent refers to independence in applying official statistical standards, as well as to the independence of the senior official of the organisational unit referred to in Paragraph 1 of this Article from instructions given by the head of the body in which he or she works, and also refers to the professional performance of tasks.

Instructions concerning the appropriate performance of the tasks of official statistics given to the senior official referred to in paragraph 2 of this Article shall be provided exclusively by the director of Croatian Statistics.

The head official of the special organisational unit referred to in paragraph 1 of this Article shall be elected and appointed by the official statistical agency once an opinion from the director of Croatian Statistics has been obtained.

Croatian Statistics

Article 9

Croatian Statistics is a state administration organisation established as a professional independent and sovereign body.

The seat of Croatian Statistics is in Zagreb

The internal organisation of Croatian Statistics, the approximate number of officials and employees, as well as other organisational issues of interest to the work of Croatian Statistics, shall be regulated by the Regulations on Internal Organisation which shall be passed by the Government of the Republic of Croatia on the proposal of the director of Croatian Statistics.

Article 10

The operation of Croatian Statistics shall be managed by the director.

The director of Croatian Statistics shall be appointed by the Government of the Republic of Croatia following a public competition and subsequent to an opinion received from the Statistics Council for a term of five years, with the possibility of reappointment pursuant to the procedure defined in this Law.

Article 11

The director shall have a deputy director who shall be appointed and dismissed by the Government of the Republic of Croatia.

The deputy director shall report to the director.

The deputy director shall perform tasks delegated to him or her by the director, and, in the case of the director’s absence or other engagement, shall substitute the director with all the rights allocated to him or her by the director.

Article 12

The director may have assistant directors who shall perform tasks delegated to them by the director.

Assistant directors shall be appointed and dismissed by the Government of the Republic of Croatia on the director's proposal.

An assistant director shall be responsible for his or her work to the director.

Article13

The director's duty shall be terminated by resignation or dismissal.

The director may be dismissed only in the case when the Government of the Republic of Croatia, with the previously obtained opinion of the Statistics Council of the Republic of Croatia, establishes serious violation of professional ethics, permanent inability to perform duties, or criminal accountability.

Article14

No one shall give instructions to the director of Croatian Statistics concerning professional-methodological issues in official statistics, and particularly regarding:

-the content and methodology of statistical surveys,

-the scope and type of data collected, processed and disseminated on the basis of the annual implementing plan.

The director of Croatian Statistics has the right to prevent the collection, processing, dissemination and analysis of any data which could lead to non-objective presentation.

The director of Croatian Statistics has the right to public recourse in the case of the incorrect interpretation or misuse of statistical data.

Article 15

The following tasks in the area of statistics are under the jurisdiction of Croatian Statistics as the main agent, disseminator, and co-ordinator of official statistics:

-establishing a strategic plan of official statistics,

-developing an official statistics system,

-co-ordinating, developing and executing the Programme and annual implementing plan, as well as drawing up a Report on the Execution of the Programme and Annual Implementing Plan,

-monitoring the implementation of the principles referred to in Article 6 of this Law,

-establishing, updating and maintaining the methodological bases, their international harmonisation and providing instructions to other official statistical agents on the application of methodology,

-preparing and implementing statistical surveys, meeting international obligations of official statistics from the scope of work established by the Programme,

-producing basic indicators and aggregates of official statistics from the scope of work established by the Programme, using all available sources of data, using administrative sources of data and data obtained through the observation and monitoring method and collected by all official statistical agents,

-monitoring and implementing quality control on statistical outputs,

-analysing and providing official interpretations of statistical outputs,

-setting up and maintaining statistical registers and a statistical database,

-organising exchanges of outputs and methodological bases of official statistics with other countries and international organisations, except in individual cases where authority is passed to other official statistical agents,

-performing other tasks within its jurisdiction.

Article16

Pursuant to this Law, Croatian Statistics as the central body of official statistics shall:

-participate as an observer at all internal ministerial groups which either have a substantial need for quantitative information, or which have a potential influence on the future needs for information relevant to official statistics,

-be involved in the legislative activities that concern statistics, the confidentiality of data, and the collection of data by public bodies,

-be involved in all activities concerning the formation or change of administrative sources of data, or of those that are based on observation and are relevant to official statistics.

In conformity with this Law, the Deputy Prime Minister of the Republic of Croatia shall promote the interests of Croatian Statistics with the Government of the Republic of Croatia and ensure the implementation of the provisions of paragraph 1 of this Article.

Article 17

The funds for performing the activities of official statistics shall be provided to Croatian Statistics from the State Budget of the Republic of Croatia.

The costs of additional activities which include the collection, processing and dissemination of data shall be borne by the user.

Croatian Statistics may perform activities of its own to earn revenues, under the condition that these activities do not impede the performance of the activities for which it has been formed.

The funds provided to Croatian Statistics by international donors may be used to finance the activities of official statistics.

The Croatian National Bank

Article 18

The Croatian National Bank, through the special organisational unit referred to in Article 8 herein, shall be responsible for:

-producing, processing and disseminating balance of payment statistics, monetary statistics, bank statistics, and other statistical surveys for which the Programme designates the Croatian National Bank as the official statistical agency,

-processing data collected by other organisational units of the Croatian National Bank for administrative purposes in order to produce statistical outputs.

Authorised official statistical bodies as set out in the Programme

Article 19

Authorised bodies, through the organisational units referred to in Article 8 of this Law, shall be responsible for:

-the production, processing and dissemination of statistical data for which they have been authorised by the Programme, in conformity with the provisions of this Law,

-the processing of administrative data and data collected through observation and monitoring, or data collected by other organisational units of the same authorised official statistical body, for the production of statistical outputs.

The Statistics Council

Article 20

Pursuant to this Law, the Statistics Council of the Republic of Croatia shall be established (hereinafter: Council) as a component part of the official statistics system.

The Council is a professional advisory body for strategic issues of official statistics, which is independent and sovereign in its operation, and is established to ensure that users, scientists and the broader public exert their influence on the Programme.

Article 21

The tasks of the Council are to provide professional opinions and proposals on:

the strategic plan of official statistics,

the Programme Proposal and its amendments, the annual implementing plan, and the Report Proposal on the execution of the Programme and annual implementing plan,

the need to implement regulations, the introduction, revision, or cancellation of extensive statistical surveys, as well as infrastructure projects and the financial resources necessary to implement them,

positions and guidelines for applying the fundamental principles of official statistics,

bills and other legal provisions concerning activities or official statistical agencies,

cases where bodies managing the administrative sources of data withhold data, and when the data from these sources are used for the needs of official statistics,

cases where official statistical agencies do not proceed in conformity with the provisions of this Law,

the development and promotion of the official statistics system and international co-operation,

appointing and dismissing the director of Croatian Statistics,

other issues of interest for the work of official statistics.

Article 22

The Council shall consist of 13 members.

The members of the Council shall include the director of Croatian Statistics, a representative of the Croatian National Bank and a representative of the Ministry of Finance.

Other members of the Council shall be proposed by the director of Croatian Statistics and nominated by the Government of the Republic of Croatia from:

the Croatian Parliament – one member,

state administration bodies – one member,

local and regional self-government bodies – one member,

scientific-expert institutions – three members,

employers’ associations – one member,

trade unions – one member,