Commission Implementing Regulation (EU) 2020/1197 of 30 July 2020 laying down technical specifications and arrangements pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council on European business statistics repealing 10 legal acts in the field of business statistics (Text with EEA relevance)

Table 28. Country-level business statistics on investment in intangible non-current assets

Table 29. Regional business statistics on local units

Regional data according to the NUTS classification applicable at the time when the transmission of the data is required by this Regulation; revisions of data regarding previous reference year should use the NUTS classification applicable at the time of their legal transmission deadline.

Table 30. Regional business statistics on enterprises

Table 31. Regional business statistics on R & D expenditure

Table 32. Regional business statistics on employment in R & D

Table 33. Statistics on international activities – control by institutional units of the reporting country on enterprises abroad

Table 34. Statistics on international activities – Intra-Union trade in goods – detailed data

Table 35. Statistics on international activities – Extra-Union imports and exports of goods – detailed data

Table 36. Statistics on international activities – Exports and imports of goods – aggregated data

Table 37. Statistics on international activities – Extra-Union exports and imports of goods by invoicing currency

Table 38. Statistics on international activities – International Supply of Services by Mode of Supply – annual data

Part C. Classifications

Table 1. Nature of transaction breakdown

Table 2. Mode of transport breakdown

Table 3. Statistical procedure breakdown

ANNEX II

Main Industrial Groupings (MIGs) and special aggregates

The MIGs and special aggregates included in the activity breakdowns in the tables included in Part B of Annex I to this Regulation have to be calculated in the following way.

A. MAIN INDUSTRIAL GROUPINGS (MIGS)

1. The definition of main industrial groupings

The allocation of NACE groups and divisions to the Main Industrial Groupings (MIGs) is defined in the following table.

For the variables 130101, 130102 and 130103, the allocation of CPA groups to MIGs approximations can be derived based on the allocation of NACE groups.

ALLOCATION OF NACE HEADINGS TO CATEGORIES OF AGGREGATE CLASSIFICATION

2. Non-availability of data on NACE group level

Member States that do not calculate the statistical data covered by Regulation (EU) 2019/2152 to the level of detail of NACE groups may calculate national weights for the groups within a division in order to do the split-up of the division-based data into groups.

Member States that apply the allocation to Main Industrial Groupings (MIGs) in part or in total on the basis of NACE divisions shall inform Eurostat on the weights used for the split-up into NACE groups.

B. SPECIAL AGGREGATES OF NACE CODES

C. SPECIAL AGGREGATES OF CPA CODES

ANNEX III

Simplifications

A. EXEMPTIONS ON PROVIDING THE DATA BASED ON THE ECONOMIC SIZE OF THE COUNTRY

1. 1 % rule

The 1 % rule concerns specific variables indicated in Annex I to this Regulation. It is not necessary to compile those variables if the contribution of the Member State for a related indicator (e.g. value added, turnover or number of employees and self-employed persons), or total services volume (imports plus exports of services) in a specific activity (NACE), EBOPS 2010 category or product (CPA) breakdown is less than 1 % of the EU total. The related indicator and the level of the activity (NACE), EBOPS 2010 breakdown or product (CPA) breakdown are specified in Annex I.

2. Rules for grouping countries into small, medium and large countries

Based on the size of a Member State, some statistics for variables as specified in Annex I need not be provided at all or with a lower periodicity or with a later data transmission deadline for small and medium countries as per the following method:

• 1. the variable to be used for grouping of Member States into size classes is the value added;

• 1. two thresholds – set at 1 % respectively at 4 % – are to be used to distinguish between small, medium and large Member States;

• 1. the overall grouping of the Member States is to be done on the basis of their share in the EU value added of NACE Sections B to O (excluding Section L); safeguard clause: if a Member State’s share in the EU value added in one of the following NACE sections or defined aggregates corresponds to that of a lower size category (lower than the size category resulting from the overall grouping), the data requirements for that Member State shall correspond to those of the lower size category for the Section (or Sections) in question. This may apply to NACE Sections C (‘Manufacturing’), F (‘Construction’), Section G (‘Trade’), and to the aggregate of Sections H to O (excl. L, ‘Services’);

• 1. the grouping of Member States is made on the basis of the data for the base year and is then applicable for 5 consecutive years.

B. POSSIBILITY TO PROVIDE DATA THAT WILL NOT BE PUBLISHED AT NATIONAL LEVEL AND THAT WILL BE USED FOR CALCULATING EUROPEAN TOTALS ONLY: CONTRIBUTION TO EUROPEAN TOTALS ONLY (CETO)

In order to minimise the burden on businesses and the costs to the national statistical authorities, the Member States may mark data for use as a contribution to European totals only (CETO) for some variables as specified in Annex I to this Regulation. Eurostat shall not publish those data, nor shall Member States mark nationally published data with a CETO flag. The number of statistics that can be marked with a CETO-flag by a Member State differs between small, medium and large countries:

• 1. The variable to be used for the grouping of Member States in size classes is the value added except for:
• — variables 251001 (Sold production), 251002 (Production under sub-contracted operations) and 251003 (Actual production) where the variable to be used for the grouping is the sold production;
• — Variables 460101 (imports and acquisition of services), 460201 (exports and provision of services), 240401 (Statistical value of imports by enterprises), 251101 (Statistical value of exports by enterprises), where the variable to be used is the total services trade volume – exports plus imports of services, traded between residents and non-residents – expressed as the sum of variables 240401 (Statistical value of imports by enterprises) and 251101 (Statistical value of exports by enterprises).

• 1. Two thresholds – set at 1 % respectively at 10 % – are to be used to distinguish between small, medium and large Member States except for variables 251001 (Sold production), 251002 (Production under sub-contracted operations), 251003 (Actual production), 460101 (imports and acquisition of services), 460201 (exports and provision of services), 240401 (Statistical value of imports by enterprises) and 251101 (Statistical value of exports by enterprises) where the thresholds are set at 1 % and 4 %.

• 1. The overall grouping of Member States is to be done on the basis of their share in the EU value added of NACE Sections B to S and Divisions 95 and 96 (excluding Section P) except for:
• — Variables 251001 (Sold production), 251002 (Production under sub-contracted operations) and 251003 (Actual production) where the grouping is to be done on the basis of their share in the EU sold production of CPA divisions (05 to 33) under the scope of the PRODCOM list;
• — Variables 460101 (imports and acquisition of services), 460201 (exports and provision of services), 240401 (Statistical value of imports by enterprises) and 251101 (Statistical value of exports by enterprises), where the grouping is to be done on the basis of their share in the EU total services trade volume (exports plus imports of services, traded between residents and non-residents – expressed as the sum of variables 240401 (Statistical value of imports by enterprises) and 251101 (Statistical value of exports by enterprises)).

• 1. The number of statistics that can be marked with a CETO flag for variables as laid down in Annex I to this Regulation:
• (a) for small countries: all data at NACE class level and no more than 25 % of the data at NACE group level for the activity breakdown; all data at NACE group level except for the total overall size classes for the combined activity and size class breakdowns; no more than 20 % of the data at individual PRODCOM heading level;
• (b) for medium countries: no more than 25 % of data at NACE class level for the activity breakdown, no more than 25 % of data at NACE group level except for the total overall size classes for the combined activity and size class breakdowns for the size class breakdown at NACE group level; no more than 15 % of data for individual PRODCOM headings. In addition, if, in any of those Member States, the share of a NACE class or of a size class of NACE group is less than 0,1 % of the business economy of the Member State concerned or less than 0,1 % of the total over all individual PRODCOM headings, those data may additionally be sent as CETO-flagged.

C. EUROPEAN SAMPLE SCHEMES

European sample schemes may limit the scope of the data to be transmitted when compiling statistics for variables as specified in Annex I to the Regulation in order to reduce the costs for national statistical systems, to ensure that European data requirements are met and to enable the Commission (Eurostat) to produce credible European estimates for the indicators concerned.

Member States participating in the European sample scheme referred to above shall transmit data to the Commission (Eurostat) for at least the NACE activities and CPA products specified according to the following procedure:

• 1. Reporting is limited in each country to those activities or products, the weight of which is equal to or more than 0,05 % of the total weight (euro area total industry) of the indicator during the previous base year.

• 1. The reporting requirements are updated routine-wise at the same time with the update of the European weights for the new base year, on the basis of the weights during the previous base year.

• 1. The first reference period for the new headings shall be no later than from the beginning of the new base year with effect from the introduction of base year three years later.

• 1. The update of the European sampling schemes along these lines does not require a specific legal act.

The terms of the European sample schemes set out may be adapted to changes of the base year or of the classification system or to important structural changes in the euro area or the European Union.

Each new member of the euro area or European Union may enter any of the European sample schemes upon joining the euro area or European Union. The Commission, after consultation with the Member State concerned, shall specify the NACE activities and CPA products for which data are to be transmitted according to the above procedure, in order for that Member State to comply with Regulation (EU) 2019/2152 in the framework of the European sample schemes.

D. EXEMPTIONS ON PROVIDING DATA BASED ON THE ECONOMIC SIZE OF THE ACTIVITY INSIDE THE COUNTRY

Reporting is limited in each Member State to those activities or products, the weight of which is equal to or more than 0,05 % of the total weight of the indicator in the Member State during the current base year (previous base year can be applied, if the current base year data is not available) unless European sampling scheme is applied.

E. LENGTH OF STS TIME SERIES FOR NEW MEMBER STATES OF THE EUROPEAN UNION

Each new Member State of the European Union shall provide time series at least from the second latest change of the base year, covering the period between the latest and the preceding base year change, if full time series according to the data tables are not available.

ANNEX IV

Definitions of concepts and variables

I. CONCEPTS

Resident statistical units

Statistical units which are resident units of a country in accordance with Regulation (EU) No 549/2013 ([^E0005]).

Economic territory

The economic territory includes the following items:

• (a) the area (geographic territory) under the effective administration and economic control of a single government;

• (b) any free zones, including bonded warehouses and factories under customs control;

• (c) the national air-space, territorial waters and the continental shelf lying in international waters, over which the country enjoys exclusive rights;

• (d) territorial enclaves, these being geographic territories situated in the rest of the world and used, under international treaties or agreements between states, by general government agencies of the country (such as embassies, consulates, military bases, scientific bases, etc.);

• (e) deposits of oil, natural gas, etc. in international waters outside the continental shelf of the country, worked by units resident in the territory as defined in points (a) to (d).

The economic territory excludes the following items:

• — extraterritorial enclaves (i.e. the parts of the country’s own geographic territory used by general government agencies of other countries, by the institutions and bodies of the European Union or by international organisations under international treaties or agreements between States).

Domestic and non-domestic market

The difference between domestic and non-domestic markets is to be interpreted for the purpose of short term business statistics according to the economic territory of the Member States.

II.   VARIABLES

A. BUSINESS POPULATION

1) Variable 110101: Registrations

The number of entered legal units in the registration register at any time during the reference quarter q, according to the respective administrative or legal procedure.

2) Variable 110102: Bankruptcies

The number of legal units that have started the procedure of being declared bankrupt, by issuing a court declaration, at any time during the reference quarter q (which is often provisional and does not always mean cessation of an activity).

3) Variable 210101: Number of active enterprises

The Number of active enterprises is the number of all statistical units which at any time during the reference period were ‘enterprises’, as defined in Council Regulation (EEC) No 696/93 ([^E0006]), and also active during the same reference period.

A statistical unit is considered to have been active during the reference period, if in said period it either realized positive net turnover or produced outputs or had employees or performed investments.

4) Variable 210102: Number of enterprises having at least one employee

A count of enterprises that had at least one employee at any time during a given reference period t.

5) Variable 210103: Number of high-growth enterprises

A count of enterprises, having at least 10 employees in t – 3, with average annualised growth in number of employees greater than 10 % per annum, over a three year period (t – 3 to t). It does not include enterprises, as defined in variable 210201 ‘enterprise births’, in t – 3.

6) Variable 210104: Number of young high-growth enterprises

Young high-growth enterprises (gazelles) as a subset of high-growth enterprises must fulfil the additional conditions that they were enterprises, as defined in variable 210201 ‘enterprise births’, in t-4 or t-5.

7) Variable 210201: Enterprise births

A count of the number of births of enterprises registered to the population concerned in the business register corrected for errors. A birth amounts to the creation of a combination of production factors with the restriction that no other enterprises are involved in the event. Births do not include entries into the population due to mergers, break-ups, split-off or restructuring of a set of enterprises. It does not include entries into a sub-population resulting only from a change of activity.

8) Variable 210202: Enterprise deaths

A count of the number of deaths of enterprises registered to the population concerned in the business register corrected for errors. A death amounts to the dissolution of a combination of production factors with the restriction that no other enterprises are involved in the event. Deaths do not include exits from the population due to mergers, take-overs, break-ups or restructuring of a set of enterprises. It does not include exits from a sub-population resulting only from a change of activity.

9) Variable 210203: Enterprise survivals

Enterprise survival occurs if an enterprise is active in the year of birth (t-1 to t-5) and the following year(s). Two types of survival can be distinguished:

An enterprise born in year t-1 is considered to have survived in year t if it is active in any part of year t (= survival without changes).

An enterprise is also considered to have survived if the linked legal unit(s) have ceased to be active, but their activity has been taken over by a new legal unit set up specifically to take over the factors of production of that enterprise (= survival by take-over).

10) Variable 210204: Enterprises having the first employee

A count of enterprises that had the first employee at any time during a given reference period t. This can concern births of enterprises as defined for variable 210201, but also enterprises as defined for variable 210101 if the enterprises have already been active in previous reference periods, but did not have any employee in two previous reference periods.

11) Variable 210205: Enterprises having no employees anymore

A count of enterprises that have no employees anymore from any point in time in a given reference period t and that had at least one employee at an earlier point in time in a given reference period t. This can concern deaths of enterprises as defined for variable 210102, with at least one employee, but also enterprises as defined for variable 210202 if the enterprises still remain active, but have no employees any more from any point in time in a given reference period t and the two following reference periods: t + 1 and t + 2. The same applies if the contract of employment of the last employee ends in t on 31 December.

12) Variable 210206: Survivals of enterprises having at least one employee

A count of enterprises having had at least one employee at any point in time in every year from the year of having the first employee (t – 1 to t – 5) until a given reference period t. The ‘population of enterprises that have the first employee in t’ is defined as for variable 210204. An enterprise is also considered to have survived if the linked legal unit(s) have ceased to be active, but their activity has been taken over by a new legal unit set up specifically to take over the factors of production of that enterprise (= survival by take-over).

13) Variable 210301: Number of foreign-controlled enterprises

In country-level business statistics foreign-controlled enterprise shall mean an enterprise resident in the compiling country over which an ultimate controlling institutional unit not resident in the compiling country has control. Enterprises shall mean active enterprises as defined for variable 210101 under A3.

Control shall mean the ability to determine the general policy of an enterprise, for example by choosing appropriate directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B when B controls, directly or indirectly, more than half of the shareholders’ voting power, or by other means secures the control over A.

Foreign control shall mean that the ultimate controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident.

Branches shall mean local units of foreign enterprises not constituting separate legal entities. They are treated as quasi-corporate enterprises within the meaning of Regulation (EU) No 549/2013 and shall be deemed to be enterprises for the purposes of foreign affiliates statistics.

Ultimate controlling institutional unit of an affiliate shall mean the institutional unit, proceeding up an affiliate’s chain of control, which is not controlled by another institutional unit.

Foreign affiliate shall mean an enterprise resident in the compiling country over which an institutional unit not resident in the compiling country has ultimate control, or an enterprise not resident in the compiling country over which an institutional unit resident in the compiling country has ultimate control.

Country of ultimate control shall mean the country of residence of the ultimate controlling institutional unit, or group of units acting in concert.

Institutional unit and local unit shall each have the same meaning as in Regulation (EEC) No 696/93.

Inward foreign affiliates statistics shall mean statistics describing the activity of foreign affiliates resident in the compiling country.

14) Variable 210401: Number of foreign-controlling enterprises (UCI concept) and domestic affiliates

A foreign-controlling enterprise shall mean a resident ultimate controlling institutional unit which has at least one foreign affiliate and which is an active enterprise as defined for variable 210101 under A3. Control and ultimate controlling institutional unit (UCI) shall mean as defined for foreign-controlled enterprises.

Domestic affiliate shall mean an enterprise resident in the compiling country over which a UCI resident in the same compiling country has control. Enterprise and branch shall mean as defined for foreign-controlled enterprises.