Draft Council and European Parliament Regulation Agenda item 8 29-30 April 2010 Task Force on Victimisation

Timetable for Council/EP Regulation June 2010: written consultation of the Working Group; September 2010: discussion in the DSS meeting of the draft EP and Council regulation; November 2010: discussion in the ESS Committee of the draft EP and Council regulation; December 2010: Draft EP and Council regulation to be forwarded to the EP and Council; 29-30 April 2010 Task Force on Victimisation

Timetable for Commission Regulation (= ‘delegated act’) First semester of 2011: Finalization of the Commission regulation with the list of variables by the Task Force/Working Group; September 2011: discussion in the DSS meeting of the draft Commission regulation; Mid-end 2012: Adoption of the EP and Council regulation and of the Commission regulation November 2012: Approval in the ESS Committee of the draft Commission regulation. 29-30 April 2010 Task Force on Victimisation

Council/EP Regulation = ‘framework’ Regulation A Council/EP Regulation generally provides the framework for several Commission regulations Therefore the general intention is to be as non-specific as possible Specific choices made in the framework Regulation (such as detailed contents of survey, sample methodology, reliability levels, etc) cannot be reversed in the ‘delegated act’ The framework Regulation should be sufficiently flexible to allow for repeated surveys 29-30 April 2010 Task Force on Victimisation

Recital ( = ‘whereas’ clauses) Sets out relevant facts Includes reference to specific policy programmes in this field (Hague Programme, Stockholm Programme, EU Action Plan etc.) Includes standardised references (Regulation 223/3009 on European statistical system , Code of Practice, Council Decision 1999/468/EC on principle for implementing procedures, etc) 29-30 April 2010 Task Force on Victimisation

Article 1 Subject matter This Regulation establishes a framework for the development, production and dissemination of comparable statistics on the security of European citizens. 29-30 April 2010 Task Force on Victimisation

Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (a) ‘private household’ means a person living alone or a group of people who live together in the same private dwelling and share expenditures, including the joint provision of the essentials of living, (b) 'security' means citizens' feelings of safety from threats to their person, household or possessions arising from criminal causes, (c) 'victimisation' means citizens' experience of harm, damage or loss affecting their personal or household safety or possessions and arising from criminal causes, (d) 'proxy answer' means information about an individual provided by another member of that individual's household; (e) 'micro-data' means individual statistical records, (f) 'personal data' means any information relating to an identified or identifiable natural person, in accordance with the Article 2(a) of Directive 95/46/EC. 29-30 April 2010 Task Force on Victimisation

Article 3 Scope Each Member State shall submit to the Commission Eurostat) data on European Security relating to the following subjects: Socio-demographic information; Feelings of safety; Experience of victimisation; Attitudes to law enforcement and to security issues. 29-30 April 2010 Task Force on Victimisation

Article 4 Data characteristics and time reference Data shall be collected based on a sample of persons or households. Data shall be collected for the first time in the second semester of 2013. The observation period shall cover the twelve months preceding data collection. The Commission shall adopt delegated acts in accordance with Article 12 for the purpose of adopting the list of variables, including the specification of variable codes. 29-30 April 2010 Task Force on Victimisation

Article 5 Sampling and sample size The data shall be based on nationally representative probability samples. On the basis of various statistical and practical considerations and the precision requirements for the most critical variables, the minimum effective sample sizes to be achieved shall be on average 8,000 individuals per Member State calculated on the assumption of simple random sampling. Within these limits, specific subpopulations shall require particular sampling considerations. 29-30 April 2010 Task Force on Victimisation

Article 6 Collection unit The reference population shall be all individuals living in private households residing in the territory of the Member State at the time of data collection. The information shall pertain to persons aged 16 and more. Proxy answers shall be avoided as far as possible. Regardless of whether the initial sampling unit is an individual or a household, household level information shall be collected. 29-30 April 2010 Task Force on Victimisation

Article 7 Transmission and treatment of data Member States shall transmit confidential micro-data to the Commission (Eurostat) in accordance with the provisions on the transmission of data subject to confidentiality set out in Regulation (EC) No 223/2009. Member States shall ensure that the transmitted data do not permit the direct identification of the statistical units (individuals). The deadline for the transmission by Member States of the micro-data collected in the second semester of 2013 is 31 October 2014. 29-30 April 2010 Task Force on Victimisation

Article 8 Provision of data Member States shall provide the micro-data required by this Regulation in accordance with an exchange standard specified by the Commission (Eurostat).  Micro-data shall be made available to Eurostat through electronic means, in using the single entry point or other appropriate information technology tools. The practical arrangements for the exchange of micro-data shall be adopted in accordance with the regulatory procedure referred to in Article 15(2). 29-30 April 2010 Task Force on Victimisation

Article 9 Access for scientific purposes to confidential data The Commission (Eurostat) may grant access on its premises to confidential data or release sets of anonymised data for scientific purposes under the conditions laid down in Regulation (EC) No 831/2002. Micro-data files at European Union level for data collected during year 2013 shall be available for scientific purposes by 30 June 2015. 29-30 April 2010 Task Force on Victimisation

Article 10 Quality assessment Member States shall ensure the quality of the micro-data transmitted. For the purposes of this Regulation, the quality criteria as referred to in Article 12(1) of Regulation (EC) 223/2009 shall apply to the data to be transmitted. Member States shall provide the Commission (Eurostat) with a report of the quality of the micro-data transmitted in accordance with the ESS standard for quality reports structure. The report shall be provided one month after the transmission of the data. In applying the quality criteria referred to in paragraph 2 to the data covered by this Regulation, the modalities and the structure of the quality reports shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 15(2) On the basis of the reports referred to in paragraph 3, the Commission (Eurostat) shall assess the quality of the data transmitted with particular regard to ensuring the comparability of the data between Member States. 29-30 April 2010 Task Force on Victimisation

Article 11 Financing The Commission shall make a financial contribution to the Member States to help cover the costs incurred by them in collecting, processing and transmitting of the micro-data, including the salary costs of personnel of national administrations. The amount of the appropriations allocated for the financial contribution referred to in paragraph 1 shall be equal to a maximum of 90% of the total eligible costs of the project, depending on the appropriations available and granted by the budget authority. The financial contribution shall depend on the availability of relevant appropriations entered in the budget of the European Union. 29-30 April 2010 Task Force on Victimisation

Article 12 Exercise of the delegation The powers to adopt the delegated acts referred to in Article 4(4) shall be conferred on the Commission for an indefinite period of time. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 13 and 14. 29-30 April 2010 Task Force on Victimisation

Article 13 Revocation of the delegation The delegation of power referred to in Article 4(4) may be revoked by the European Parliament or by the Council. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other legislator and the Commission at the latest one month before the final decision is taken, stating the delegated powers which could be subject to revocation and the reasons for a revocation. The revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. 29-30 April 2010 Task Force on Victimisation

Article 14 Objections to delegated acts The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period may be extended by one month. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the Commission that they have decided not to raise objections, the delegated act shall enter into force at the date stated in its provisions. If the European Parliament or the Council objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. 29-30 April 2010 Task Force on Victimisation

Article 15 Committee The Commission shall be assisted by the European Statistical System Committee. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. 29-30 April 2010 Task Force on Victimisation

Article 16 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the European Parliament For the Council The President The President 29-30 April 2010 Task Force on Victimisation

Thank you for listening Geoffrey.Thomas@ec.europa.eu 29-30 April 2010 Task Force on Victimisation