Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection COMMISSION                          COUNCIL                             EP FIRST                      RO COMPROMISE                      FI COMPROMISE PROPOSAL 2018                         GENERAL                             READING                             PROPOSAL                          PROPOSAL (307)                      APPROACH                             POSITION                             01/04/2019                         20/11/2019 31/10/2018                         16/04/2019 The text in bold and italics      Changes introduced by the FI indicate text which deviate from  Presidency compared with the the Commission’s original         last RO Presidency compromise proposal.                         proposal of 1 April 2019 are indicated in underline for new text and underline strikethrough for deleted text. (1)      Regulation (EC) No       (1)       Regulation (EC) No 1   (1)      Regulation (EC) No 862/2007 of the European          862/2007 of the European 862/2007 of the European 1                                                                         Parliament and of the Council1    Parliament and of the Council2 Parliament and of the Council establishes a common and          establishes a common and establishes a common and 1 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23). 2 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23). 1

comparable legal framework for                                    comparable legal framework for       comparable legal framework for European statistics on migration                                  European statistics on migration     European statistics on migration and international protection.                                     and international protection.        and international protection. (2)       To respond to new needs    (2)       To respond to new needs 2 (2)        To respond to new     AM 1: within the Union for statistics on   within the Union for statistics on needs within the Union for (2)       To respond to new       migration and international          migration and international statistics on asylum and needs within the Union for        protection, and whereas the          protection, and whereas the managed migration, and statistics on asylum migration    characteristics of migration are     characteristics of migration are whereas the characteristics of and      managed       migration  subject to rapid change, there is a  subject to rapid change, there is a migration are subject to rapid international protection, and     need for a framework allowing        need for a framework allowing change, there is a need for a whereas the characteristics of    quick response to changing needs     quick response to changing needs framework allowing quick migration              migratory  as regards statistics on migration   as regards statistics on migration response to changing needs as movements are subject to          and international protection.        and international protection. regards statistics on asylum and rapid change, there is a need managed migration. for a framework allowing quick response to changing needs as regards statistics on asylum       migration       and managed                migration international protection. 3                                  AM 2: (2a)      Due to the constant changing and diverse nature of current migratory flows, comprehensive and comparable gender- disaggregated statistical data on the migrant population are needed to understand the reality of the situation, identify vulnerabilities and inequalities, and provide policy makers with reliable data and information for the development of future public policies. 2

(3)        To support the Union in    (3)        To support the Union in 4 (3) To support the Union in       AM 3: responding effectively to the         responding effectively to the responding effectively to the (3)       To support the Union  challenges posed by migration and     challenges posed by migration and challenges posed by migration, in responding effectively to    in developing human rights based      in developing human rights based there is a need for sub-annual the challenges posed by         policies, there is a need for sub-    policies, there is a need for sub- frequency data on asylum and migration and in developing     annual frequency data on asylum       annual frequency data on asylum managed migration. gender-responsive and           and managed migration.                and managed migration. human-rights based policies, there is a need for sub-annual frequency data on asylum and managed migration. (4)        Asylum and managed         (4)        Asylum and managed 5 (4)       Asylum and managed      AM 4: migration statistics are fundamental  migration statistics are fundamental migration statistics are (4)       Asylum and managed    for the study, formulation and        for the study, formulation and fundamental for the study, migration statistics are        evaluation of a wide range of         evaluation of a wide range of definition and evaluation of a fundamental for the study,      policies, particularly as regards     policies, particularly as regards wide range of policies, definition and evaluation of a  responses to the arrival of persons   responses to the arrival of persons particularly as regards responses wide range of policies,         seeking protection in Europe, with    seeking protection in Europe, with to the arrival of persons seeking particularly as regards         the aim of defining and applying      the aim of defining and applying protection in Europe. responses to the arrival of     the best policies.                    the best policies. persons seeking protection in Europe, with the aim of achieving the best solutions. (5)        Statistics on migration    (5)        Statistics on migration 6                                   AM 5: and international protection are      and international protection are (4a)      Statistics on        essential for having an overview of   essential for having an overview of migration and international    migratory movements within the        migratory movements within the protection are essential for   Union and for Member States to be     Union and for Member States to be having an overview of          able to apply Union law properly      able to apply Union law properly migratory movements within     in accordance with fundamental        in accordance with fundamental the Union and for Member       rights as laid down in the Charter    rights as laid down in the Charter States to be able to apply     of Fundamental Rights of the          of Fundamental Rights of the Union law properly in          European Union and the                European Union and the accordance with fundamental    Convention for the Protection of      Convention for the Protection of rights as laid down in the     Human Rights and Fundamental          Human Rights and Fundamental Charter of Fundamental         Freedoms.                             Freedoms. Rights of the European Union and the Convention for the Protection of Human 3

Rights and Fundamental Freedoms. 7                                                                       AM 6: (4b)     Persecution on the ground of gender constitutes a ground for seeking and being granted international protection. The national and Union statistical authorities should collect the statistics on applications for international protection based on the grounds of gender, including gender-based violence. (6)       To ensure the quality, and,    (6)       To ensure the quality, and, 8  (5)       To ensure the quality, in particular, the comparability, of     in particular, the comparability, of and, in particular, the data provided by the Member              data provided by the Member comparability, of data provided States, and for reliable overviews       States, and for reliable overviews by the Member States, and for to be drawn up at Union level, the       to be drawn up at Union level, the reliable overviews to be drawn data used should be based on the         data used should be based on the up at Union level, the data used same concepts, and should refer to       same concepts, and should refer to should be based on the same the same reference date or period.       the same reference date or period. concepts, and should refer to the same reference date or period. (7)      Data provided on asylum         (7)      Data provided on asylum 9  (6)       Data provided on and managed migration should be          and managed migration should be asylum and managed migration consistent with the relevant             consistent with the relevant should be consistent with the information collected pursuant to        information collected pursuant to relevant information collected Regulation (EC) No 862/2007.             Regulation (EC) No 862/2007. pursuant to Regulation (EC) No 862/2007. (8)       Regulation (EC) No             (8)       Regulation (EC) No 10 (7)       Regulation (EC) No 223/2009 of the European                223/2009 of the European 223/2009 of the European Parliament and of the Council3          Parliament and of the Council4 3 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) 4

2 Parliament and of the Council                                                                             provides a reference framework for      provides a reference framework for provides a reference framework                                                                            European statistics on migration        European statistics on migration for European statistics on                                                                                and international protection. In        and international protection. In migration and international                                                                               particular, it requires compliance      particular, it requires compliance protection. In particular, it                                                                             with the principles of professional     with the principles of professional requires compliance with the                                                                              independence, impartiality,             independence, impartiality, principles of professional                                                                                objectivity, reliability, statistical   objectivity, reliability, statistical independence, impartiality,                                                                               confidentiality and cost                confidentiality and cost objectivity, reliability, statistical                                                                     effectiveness.                          effectiveness. confidentiality and cost effectiveness. (9) In order to meet the statistical     (9) In order to meet the statistical 11                                       (7a)      In order to meet the requirements under this                  requirements under this statistical requirements under Regulation, it is important to           Regulation, it is important to this Regulation, it is important ensure that the necessary                ensure that the necessary to ensure that the necessary information gathered during the          information gathered during the information gathered during administrative procedures related        administrative procedures related the administrative procedures to immigration and international         to immigration and international related to immigration and protection are obtained for              protection are obtained for international protection are statistical purposes. In order to        statistical purposes. In order to obtained for statistical improve the efficiency of the            improve the efficiency of the purposes. In order to improve statistical production, National         statistical production, National the efficiency of the statistical Statistical Authorities should have      Statistical Authorities should have production, National Statistical the right to access and use,             the right to access and use, Authorities should have the promptly and free of charge, all         promptly and free of charge, all right to access and use, national administrative records          national administrative records promptly and free of charge, all and to integrate these                   and to integrate theose national administrative records administrative records with              administrative records with and to integrate these statistics, to the extent necessary      statistics, to the extent necessary administrative records with for the development, production          for the development, production statistics, to the extent and dissemination of statistics          and dissemination of European necessary for the development, covered under this Regulation, in        statistics covered under this production and dissemination No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164). 4 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164). 5

of statistics covered under this    accordance with the provisions         Regulation, in accordance with Regulation, in accordance with      laid down in Article 17a of            the provisions laid down in Article the provisions laid down in         Regulation (EC) No 223/2009.           17a of Regulation (EC) No Article 17a of Regulation (EC)                                             223/2009. No 223/2009 of the European Parliament and of the Council. (10)     When developing,             (10)      When developing, 12 (8)       When developing,        (8)       When developing, producing and disseminating           producing and disseminating producing and disseminating       producing and disseminating European statistics, the national     European statistics, the national European statistics, the national European statistics, the national and European statistical authorities, and European statistical authorities, and European statistical          and European statistical and, where applicable, other          and, where applicable, other authorities, and, where           authorities, and, where relevant ▌ authorities, should take   relevant ▌ authorities, should take applicable, other relevant        applicable, other relevant account of the principles set out in  account of the principles set out in national and regional             national and regional the European Statistics Code of       the European Statistics Code of authorities, should take account  authorities, should take account Practice, as reviewed and updated     Practice, as reviewed and updated of the principles set out in the  of the principles set out in the by the European Statistical System    by the European Statistical System European Statistics Code of       European Statistics Code of Committee on 16 November 2017.        Committee on 16 November 2017. Practice, as reviewed and         Practice, as reviewed and updated by the European           updated by the European Statistical System Committee on   Statistical System Committee on 28 September 2011.                28 September 2011 16 November 2017. (11)     Pilot studies should,        (11)      Pilot studies should 13 where appropriate and taking into      takeing into account the Union’s account the Union’s added value,       added value, establish the establish the conditions to            conditions to introduce new data introduce new data collections         collections within the scope of this within the scope of this               Regulation, assess the feasibility Regulation, assess the feasibility     and quality of the statistics and quality of the statistics          including their cross-country including their cross-country          comparability as well as the costs comparability as well as the costs     of the related data collections. of the related data collections. The   Before launching each particular results of those studies should be     pilot study, the Commission the subject of an evaluation by the    should review relevant Commission in close cooperation        administrative sources at Union with the Member States and             level and investigate whether the should be made publicly available.     required statistics could be based The introduction of new data           on those sources. The results of collections in the Member States       theose the pilot studies should be 6

should be considered by the           the subject of an evaluation by the Commission only if the results of     Commission in close cooperation the pilot studies are positive. The   with the Member States and Union should contribute to the        should be made publicly available. costs of carrying out those studies.  The introduction of new data Such contributions should take        collections in the Member States the form of grants awarded to         should be considered by the Members States authorities in         Commission only if the results of accordance with Regulation (EU,       the pilot studies are positive. The Euratom) 2018/1046 of the             Commission should also consult European Parliament and of the        the European Data Protection 5 Council .                             Supervisor under the conditions laid down in Article 42 of Regulation (EU) 2018/1725 of the European Parliament and of the 6 Council . The Union should contribute to the costs of carrying out those studies. Such contributions should take the form of grants awarded to Members States authorities in accordance with Regulation (EU, Euratom) 2018/1046 of the European 7 Parliament and of the Council . (11a) Within the scope of this 14 Regulation it is important to optimise the use of existing information and data already 5 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 6 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39–98). 7 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1). 7

collected. To that end existing data sources at national and Union level, as well as ways to benefit from the Interoperability Framework referred to in Regulations (EU) 2019/817 of the European Parliament and of the Council* and (EU) 2019/818 of the European Parliament and of the Council**, should be explored in order to evaluate their usage for official statistics. This assessment should also encompass the implementation of the interoperability concept at a Union level in order to allow multiple organisations to use the same data each according to their needs and authorisations. *         Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27). **        Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU 8

information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85). (11b) Within the scope of this 15 Regulation, the Commission (Eurostat) should aim at ensuring coordination of data collections being used with the relevant Union agencies, and to that end, cooperation agreements should be concluded between Commission (Eurostat) and those agencies within the framework of their respective competences. (12)      Regulation (EC) No       (12)      Regulation (EC) No 16 223/2009 provides for a reference  223/2009 provides for a reference framework for European statistics  framework for European statistics and requires Member States to      and requires Member States to comply with the statistical        comply with the statistical principles and quality criteria    principles and quality criteria specified in that Regulation.      specified in that Regulation. Quality reports are essential for  Quality reports are essential for assessing, improving and           assessing, improving and communicating on the quality of    communicating on the quality of European statistics. The European  European statistics. The European Statistical System Committee has   Statistical System Committee has endorsed a European Statistical    endorsed a European Statistical System (ESS) standard for Quality  System (ESS) standard for Quality Reports Structure, in line with    Reports Structure, in line with Article 12 of Regulation (EC) No   Article 12 of Regulation (EC) No 223/2009. That ESS standard        223/2009. That ESS standard should contribute to the           should contribute to the harmonisation of quality reporting harmonisation of quality reporting under this Regulation.             under this Regulation. 9

(13)     The objective of this       (13)     The objective of this 17 (9)        The objective of this Regulation, namely to revise and     Regulation, namely to revise and Regulation, namely to revise complete the existing common         complete the existing common and complete the existing rules for the collection and         rules for the collection and common rules for the collection compilation of European statistics   compilation of European statistics and compilation of European on migration and international       on migration and international statistics on migration and protection, cannot be sufficiently   protection, cannot be sufficiently international protection, cannot achieved by the Member States        achieved by the Member States be sufficiently achieved by the acting individually. Rather, for     acting individually. Rather, for Member States acting reasons of harmonisation and         reasons of harmonisation and individually. Rather, for reasons comparability, it can be better      comparability, it can be better of harmonisation and achieved at Union level. The EU      achieved at Union level. The EU comparability, it can be better may therefore adopt appropriate      may therefore adopt appropriate achieved at Union level. The measures, in accordance with the     measures, in accordance with the EU may therefore adopt principle of subsidiarity set out in principle of subsidiarity set out in appropriate measures, in Article 5 of the Treaty on European  Article 5 of the Treaty on European accordance with the principle of Union. In accordance with the        Union. In accordance with the subsidiarity set out in Article 5 principle of proportionality, as set principle of proportionality, as set of the Treaty on European out in that Article, this Regulation out in that Article, this Regulation Union. In accordance with the does not go beyond what is           does not go beyond what is principle of proportionality, as necessary in order to achieve that   necessary in order to achieve that set out in that Article, this objective.                           objective. Regulation does not go beyond what is necessary in order to achieve that objective. (14)     In order to achieve the     (14)     In order to achieve the 18                                   AM 7: objectives of Regulation (EC) No     objectives of Regulation (EC) No (9a)     In order to achieve  862/2007, sufficient financial       862/2007, sufficient financial the objectives of Regulation  resources should be allocated for    resources should be allocated for (EC) No 862/2007, sufficient  the collection, analysis and         the collection, analysis and financial resources should be dissemination of high quality        dissemination of high quality allocated for the collection, national and Union statistics on     national and Union statistics on analysis and dissemination of migration and international          migration and international high quality national and     protection.                          protection. Union statistics on migration and international protection, in particular by supporting actions in that regard in 10