The OJEU published on November, 14th, the Codified version of Regulation (EC, EURATOM) Nº 1101/2008, adopted by the European Parliament and the Council, on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities. This version comes after the substantial amendment of Council Regulation (Euratom, EEC) Nº 1588/90.

To enable the Commission to carry out the duties entrusted to it by the Treaties, it must have full and reliable information. With a view to efficient management, the Statistical Office of the European Communities, Eurostat, should be able to obtain all the national statistical information necessary in order to prepare Community statistics and carry out the necessary analyses.

This Regulation therefore applies only to the transmission to Eurostat of statistical data which, in the national statistical institutes' field of competence, are covered by statistical confidentiality, and does not affect special national or Community provisions relating to the transmission of other types of information to the Commission.

The purposes of Regulation (EC, EURATOM) Nº 1101/2008 are:

• To authorise national authorities to transmit confidential statistical data to the Statistical Office of the European Communities.
• To provide a guarantee that the Commission will take all necessary measures to ensure the confidentiality of data thus transmitted.

These provisions will only affect statistical confidentiality, excluding special, Community or national provisions safeguarding confidentiality other than statistical confidentiality. Under this Regulation, national authorities will be authorised to transmit confidential statistical data to Eurostat.

For this purpose, in order to ensure the due confidentiality of statistical data transmitted by the competent departments of Member States to Eurostat, the Commission will take all the necessary regulatory, administrative, technical and organisational measures, and will stablish the procedures for such transmission as well as the principles for their protection.

Confidential statistical data transmitted to Eurostat will only be accessible to its officials, and may be used by them exclusively for statistical purposes. However, the Commission may grant access to confidential statistical data to other staff of Eurostat and other natural persons working on the premises of Eurostat under contract, in special cases and exclusively for statistical purposes. Some researchers may also be granted special access to confidential data for scientific purposes. The procedures for such access will be determined by the Commission.

The transmission of this type of data will have to be carried put in such a way that confidential statistical data cannot be directly identified. This does not preclude the admissibility of more far-reaching transmission rules in accordance with the legislation of the Member States. National authorities shall not be obliged to transmit information on the private lives of natural persons to Eurostat if the information transmitted could enable those persons to be identified either directly or indirectly.

This Regulation will enter into force on the December, 4th, 2008.