Law of 18 April 1996 establishing the Central Bureau of Statistics and the Central Commission for Statistics
CBSLAW.PCP Staatsblad 1996 258
Law of 18 April 1996 establishing the Central Bureau of Statistics and the Central Commission for Statistics (Act governing the Central Bureau of Statistics and the Central Commission for Statistics)
We, Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
To all who shall see or hear these presents, greeting! Be it known:
Whereas We have considered that it is desirable to enact rules concerning the establishment of the Central Bureau of Statistics and the Central Commission for Statistics, and on the acquisition, use and dissemination of data in the context of the provision of statistical information;
We therefore, having heard the Council of State, and in consultation with the States General, have approved and decreed as We hereby approve and decree:
CHAPTER 1. DEFINITIONS
Article 1
In this Law:
a. 'Our Minister' means Our Minister for Economic Affairs;
b. 'CBS' means the Central Bureau of Statistics;
c. 'Commission' means the Central Commission for Statistics.
d. 'Director-General' means the Director General of Statistics
CHAPTER 2. THE CBS
1. Establishment and responsibilities
Article 2
There is a Central Bureau of Statistics, which falls under the responsibility of Our Minister.
Article 3
The CBS is responsible for carrying out statistical research for practical, policy and research purposes and for publishing statistics compiled on the basis of such research.
Article 5
1. The director-general shall prepare a multi-annual programme at least once every four years.
2. The multi-annual programme shall lay down the broad outline of the activities the CBS will be carrying out in the coming years.
Article 6
1. Before 1 November of each year, the director-general shall prepare a programme of work for the next calendar year but one. He may alter the programme of work in the interim.
2. The programme of work shall lay down which activities the CBS will be carrying out in a given year, as far as the available resources allow.
Article 7
1. The director-general shall submit the multi-annual programme, the programme of work and any changes to the programme of work to the Commission for approval.
2. After approval by the Commission, the director-general shall make the multi-annual programme, the programme of work and any changes to the programme of work available for inspection at the CBS during the period for which they apply. He shall give notification of this in the Netherlands Government Gazette.
5. Use of data; confidentiality
Article 11
1. The data received by the CBS in connection with the performance of its responsibilities shall be used solely for statistical purposes.
2. The data referred to in subsection 1 shall not be furnished to other persons than those charged with carrying out the responsibilities of the CBS.
3. The data referred to in subsection 1 shall only be published in such a way that no recognisable data can be derived from them about a particular person, enterprise or institution, or a particular household, unless there is good reason to believe that the parties concerned have no objections to such publication.
4. Contrary to subsections 1 and 2 above, data may be furnished to a public prosecutor or an assistant public prosecutor for the purpose of enforcing this Article.
5. Notwithstanding the provisions of subsections 1 to 4 above, the provisions of Articles 4 and 5 of the Law of 28 December 1936, concerning measures to obtain accurate economic statistics (Netherlands Bulletin of Acts, Orders and Decrees 639 DD), shall remain in full force and effect.
6. Dissemination of data
Article 12
Contrary to the provisions of Article 11, the CBS shall furnish data to an agency or institution established or founded by or pursuant to the Treaty Establishing the European Community, in so far as there is an obligation to do so pursuant to a regulation, directive or decision passed under that Treaty.
Article 13
1. Contrary to the provisions of subsections 1 and 2 of Article 11, the CBS may, if so requested, furnish a set of data to an agency, organisation or institution as referred to in subsection 2 of this Article, for the purpose of statistical or academic research, provided appropriate measures have been taken to prevent the recognition of particular persons, households, enterprises or institutions.
2. A set of data as referred to in the preceding subsection may be furnished to:
a. a university within the meaning of the Law on Higher Education and Research Act;
b. an organisation or institution for academic research established by law;
c. the Central Planning Office and the Social and Cultural Planning Office;
d. the Statistical Office of the European Communities;
e. other agencies, organisations and institutions, in so far as the authorisation of the Commission has been obtained.
Article 14
The CBS shall grant a request to furnish data as referred to in Article 13 only if the applicant has, in the opinion of the CBS, taken sufficient measures to ensure that the data to be furnished will not be used for purposes other than statistical or academic research.
CHAPTER 3. THE COMMISSION
1. Establishment, responsibilities and powers
Article 16
There is a Central Commission for Statistics.
Article 17
The Commission is responsible for:
a. promoting co-ordination of the provision of statistical information by the government;
b. promoting the accuracy and completeness of statistics published by the government.
Article 18
1. The Commission shall instruct the director-general to carry out statistical research and to publish the statistics compiled on the basis of such research, either of its own accord or at the request of Our Minister. The director-general is required to carry out the Commission's instructions.
2. The director-general may appeal to Our Minister against an assignment given by the Commission of its own accord.
Article 19
With the exception of urgent cases, one of Our Ministers will only initiate new statistical research or modify ongoing research after the Commission has been heard.
2. Composition
Article 20
1. The Commission shall consist of a Chair and an even number of no fewer than six and no more than ten other members.
2. The secretary of the Commission, who shall also be an advisory member, shall be an officer of the CBS designated by the director-general.
3. Appointment, term of office and dismissal
Article 21
1. The chairman and the other members of the Commission shall be appointed and dismissed by royal decree. One member shall be designated deputy chairman by royal decree.
2. Our Minister shall nominate members for appointment after a recommendation to that effect by the Commission.
Article 22
1. The members shall be appointed for a period of four years. Except in special cases, they may be reappointed only once.
2. Where membership is terminated prematurely, the member appointed to fill the vacant place shall retire at the time the person in whose place he was appointed should have retired. He may immediately be reappointed.
4. Method of work
Article 23
1. The Commission shall adopt rules, which, like any amendments to them, require the approval of Our Minister.
2. The Commission shall meet at least twice a year.
Article 24
For the purpose of carrying out its responsibilities the Commission may directly approach third parties to obtain the information it requires.
Article 25
The Commission may delegate the preparation of certain decisions, or decisions in certain areas, to a sub-committee consisting of members of the Commission or non-members, or to the director-general.
Article 26
In urgent cases, the chairman of the Commission may exercise the power of the Commission referred to in subsection 1 of Article 7, if it concerns a change in the programme of work, and the powers referred to in articles 18 and 19.
Article 27
1. Documents issued by or in the name of the Commission shall be signed by the chairman and the secretary.
2. The secretary is accountable only to the Commission for the performance of his responsibilities.
Article 28
Decisions of the Commission shall be taken in accordance with the position adopted by the majority of the members.
Article 29
At the request of Our Minister, the Commission shall furnish the information necessary for the performance of his responsibilities. Our Minister may require to be allowed to inspect non-personal data and documents to the extent reasonably considered necessary for the performance of his responsibilities.
CHAPTER 4. BUDGET, REPORT AND EVALUATION OF CBS AND COMMISSION
Article 30
1. Each year before 1 March the director-general shall submit a budget of the income and expenditure of the CBS for the next calendar year to Our Minister. The Commission shall receive a copy of the budget.
2. Each year before 1 March the Commission shall submit a budget of its expenditure for the next calendar year to Our Minister.
Article 31
1. Each year before 1 May the director-general shall send the Commission a report of the activities of the CBS in the preceding calendar year. The report shall also give an insight into the administrative burden placed on enterprises and institutions as a result of the data collection by the CBS, and into the provisions the CBS has made pursuant to article 10, and into the reduction of the administrative burden.
2. Each year before 1 June the Commission shall send Our Minister a report of its activities in the preceding calendar year, enclosing the report of the activities of the CBS referred to in the preceding subsection.
3. The reports referred to in subsections 1 and 2 above shall be made available for inspection at the CBS after the date mentioned in subsection 2 above, for a period of eight weeks. The director-general shall give notification of this in the Netherlands Government Gazette.
4. Our Minister shall send a copy of the reports referred to in subsections 1 and 2 above to the Lower House of the States General without delay.
Article 32
The Commission shall submit a report to Our Minister once every six years, in which the Commission's performance of its responsibilities shall be subjected to scrutiny and in which proposals may be made for desired changes.
CHAPTER 5. TRANSITIONAL AND FINAL PROVISIONS
Article 33
On the first occasion on which members of the Commission are appointed after this Act has entered into force, Our Minister shall nominate its members without a recommendation by the Commission.
Article 34
The Royal Decree of 9 January 1899 concerning the Central Bureau of Statistics and the Central Commission for Statistics is repealed.
Article 35
This Law comes into force with effect from the first day of the second calendar month after the date of publication of the Netherlands Government Gazette in which it is promulgated.
Article 36
This Act may be referred to as: Law on the Central Bureau of Statistics and Central Commission for Statistics.
We order and command that this Law shall be published in the Netherlands Government and that all ministries, authorities, bodies and officials whom it may concern shall diligently implement it.
Done
The Hague, 18 April 1996
Beatrix
The Minister for Economic Affairs,
G.J. Wijers
Published 14 May 1996