REPUBLIC OF ALBANIA
No. 9180, date 5.2.2004
On Official Statistics
In virtue of articles 78 and 83, point 1 of the Constitution, on the proposal of the Council of Ministers,
The Assembly of the Republic of Albania,
1.1 The object of this law is the establishment of the legal framework for the collection, organisation, production and dissemination of official statistics in the Republic of Albania.
Definitions and Abbreviations
1. For the purpose of this law:
a) "statistics" shall mean information obtained by processing data in order to characterise collective phenomena in a considered population;
b) "official statistics" is the quantitative and represented information on the economic, demographic, social and environment situation in Albania, produced from or under authority of INSTAT, within the framework of the Programme of Official Statistics;
c) "administrative statistics" shall mean the other statistics, different from the official statistics and which are produced by the organs and public agencies;
d) "programme of official statistics" shall mean the programme approved by the Parliament of the Republic of Albania.
e) "population" shall mean any set of statistical units, whether they are physical persons, legal persons, families or any other type of economic units;
f) "production of Statistics" shall mean all the activities necessary for the preparation, collection, storage, processing, compilation, analysis, interpretation and dissemination of the statistical information;
g) "dissemination" shall mean giving to users, regardless of the form and means used, statistical data, but avoiding disclosure of confidential data;
h) "statistical units" shall mean , institutions or physical , legal persons and family that according to this law is obliged to give statistical data to authorised statistical agencies;
i) "statistical agencies" shall mean authorities other than the Institute of Statistics that are specified in the programme of official statistics as authorised to undertake activities relating to the production of official statistics;
j) "other statistical activities" shall mean statistical activity not included in the programme of official statistics;
k) "confidential data" shall mean data obtained by a statistical agency that allow statistical units to be identified, thereby disclosing individual information;
l) "statistical survey" shall mean collection of data from statistical units by asking them to provide information about themselves or their activities for use solely in the production of statistics;
m) "general census" shall mean the survey of every household or economic unit in the Republic of Albania, to which response is compulsory.
n) "minister" is the member of Council of Ministries who is charged for the monitoring of the work at INSTAT;
2. Within this law:
- INSTAT shall mean the Institute of Statistics
- The Programme shall mean the programme of official statistics.
3.1 Any General Census shall be included in the programme but the conduct of such a census shall be authorised by a separate law.
Principles of Official Statistics
To ensure the quality of the Official Statistics and retain the trust of the public in them, the organisation and implementation of the Programme shall be governed by the following principles:
a) Impartiality which means the objective and independent manner of producing statistics, free from any political pressure or other interested group (stakeholders), particularly as regards the selection of techniques, definitions and methodologies best suited to the attainment of the defined objectives. It implies the availability of statistics with minimum delay to all users.
b) Reliability, is the characteristic of statistics to reflect as faithfully as possible the reality, which they are designed to represent. It implies that scientific criteria are used for the selection of resources, methods and procedures;
c) Professional independence, which means that when implementing the Programme, the staff of INSTAT or the statistical agencies are not allowed to seek nor get to take instructions from Government, other State authorities, political parties or any other interest groups, notably in the selection of data sources, statistical methods and procedures, in the contents, form and time of dissemination, and in the application of statistical confidentiality.
d) Relevance which means that data collection should be limited to what is necessary to achieve the requested result;
e) Cost-effectiveness is the best possible use of all available recourses and the minimization of the burden on respondents. The work and the cost which the production of statistics requires should be in proportion to the importance of the requested result.
f) Statistical confidentiality which means the protection of data related to single statistical units which are collected directly for statistical purposes or indirectly from administrative or other sources against any violation of the right to confidentiality. It implies the prevention of non-statistical utilization of the data collected and unlawful disclosure.
g) Transparency is the right of respondents to have information on legal basis, the purposes for which the data are required and the protective measures adopted.
The Publication of Official Statistical Data
1. Official Statistics shall provide quantitative and representative information to the general public, parliament, government, other public authorities, economic, business and social organisations, research and academic institutions, and the media, in all cases both nationally and internationally. They shall reflect the true situation and shall distribute the results in impartial manner.
2. The necessary data to assess the quality of the official statistics, in particular the data on the methods used for producing statistics and on principles applied , shall be publicly accessible.
3. The governmental authorities and other groups mentioned in Article 4 (c) respect
the principles set out in Article 4 and in this Article and these authorities are not allowed to influence the staff of the statistical agencies in in the performance of their tasks.
The Programme of Official Statistics
1. The Programme shall cover the statistical information necessary for the observation of the economic, social and environmental situation in the Republic of Albania, focusing on the phenomena which are essential for decision makers and honouring the citizens’ right to official data . To realise the Programme it is necessary to take into consideration the
relation between the costs and burdens on the one hand and the benefits on the other hand.
2. The Parliament approves the official statistical programme which shall cover five calendar years. The Programme shall be published in the Official Gazette of the Republic of Albania.
3. The Programme shall include at least:
a) descriptions of the main statistics and indicators to be made available;
b) the institutions responsible for producing and disseminating results;
c) the classifications that will be employed;
d) the level at which the statistics and indicators will be available (national , prefecture, district and so on);
e) the frequency with which the statistics and indicators will be available;
f) the year in which the statistics and indicators will be disseminated;
g) for new statistics and indicators, the year in which they will first be made available;
h) the list of sources used to produce the statistics and indicators, in particular whether administrative data or surveys;
i) the administrative sources, which means the records , the data and results that must be passed to INSTAT and statistical agencies, the institutions responsible for these activities and actions, and the time limits for the actions;
j) the list of surveys that must be conducted, the institutions responsible for designing and conducting them, the completed questionnaires, records, information and results that must be passed to INSTAT and statistical agencies, and the time limits for these actions.
Role of the Institute of Statistics
INSTAT shall be responsible for:
a) proposing the Programme to the Statistical Council;
b) securing the implementation of the approved Programme;
c) ensuring that statistics in the Programme are:
d) ensuring that data required for the Programme are collected, processed, disseminated and stored using best professional practice, including scientific principles and professional ethics;
e) facilitating a correct interpretation of data in official Statistics;
f) promoting the role and understanding of statistics in Albania;
g) ensuring that Official Statistics are made available on an impartial basis to all interested users;
h) determining all statistical definitions, classifications and nomenclatures in official statistics, in compliance wherever feasible with international concepts and classifications;
i) maintaining up to date information on all relationships between albanian statistical agencies and international agencies on matters relating to the actual or prospective albanian official statistics; leading Albanian statistical representation in those relationships when requested and in all cases where the implications affect a number of Albanian Statistical Agencies;
j) creating, maintaining and updating any statistical register.
Tasks and the rights of the Institute of Statistics
1. In pursuance of its responsibilities under paragraphs 7 (c) and (d) INSTAT shall:
a) issue to all statistical agencies, make public and keep up to date, guidelines on professional standards in the production of official statistics,
b) examine the procedures for the production of statistics adopted by any statistical agency, and by any central and local institution.
c) approve from the beginning any statistical survey. The criteria for approval shall be:
- the survey;
- avoidance, if it is outside the Programme, of any duplication with or adverse effect upon the Programme;
- satisfaction that it will be conducted and the results analysed and disseminated to professional statistical standards;
d) collect, compile, analyse, disseminate and store data in accordance with responsibilities allocated in the Programme;
e) prepare a draft five year Programme
f) prepare a draft five year strategic plan for INSTAT
g)prepare a draft annual budget proposal
h) prepare a draft one year operational plan for INSTAT
i) prepare a draft annual report of INSTAT
j) prepare and submit to the Statistical Council short four-monthly reports of progress in implementing the Programme;
k) propose to the Statistical Council matters which that Council should consider discussing directly with the senior management of Statistical Agencies to ensure that any official statistics meet professional standards;
l) prepare draft reports for consideration by the Statistical Council proposing action or decisions required by the Council of Ministers to ensure that any official statistics meet professional standards;
m) arrange and chair a quarterly advisory meetings , involving heads of statistics departments of all ministries and statistical agencies that produce statistics, to discuss matters of professional interest: an appropriate meeting each year shall discuss desirable developments in the Programme and actions necessary to achieve those improvements;
n ) before the end of the calendar year publish a detailed calendar of dates on which particular official statistics will be disseminated in the following year, and the form of dissemination;
o) seek to conclude memoranda of understanding with all Statistical Agencies and with holders of administrative records that are used in the production of the Programme, covering working arrangements and mutual obligations;
p) to set forth specific criteria for professional skills to select the heads of statistical structures
q) provide the secretariat for the Statistical Council;
r) chair the National Commission on Nomenclature.
2. INSTAT may:
a) request from statistical agencies information on progress with undertaking the tasks allocated to them in the programme;
b) request from ministries , central and local institutions access to administrative and statistics records over and above any rights of access specified in the programme;
c) undertake any other activities that support its capacity to fulfil its responsibilities and tasks as specified in this law;
d) undertake, or contribute to, analysis and research activities to which official statistics are a significant input.
Status and Financing of the Institute of Statistics
1. INSTAT is a public juridical person.
2. The steering organs of INSTAT are as following:
a) The Statistical Council
b) The General Director
3. The appointment and dismissal of the General Director proposed by the Statistical Council shall be subject to the approval of the prime Minister.
4. The servants of INSTAT, specialists and the managers enjoy the status of the civil servants, while for the other employees, the provisions of the Work Code should be implemented. The recruitment of the INSTAT’s staff should be done in compliance with the regulates stipulated in the law on “Status of the civil servants” Nr. 8549 date 11.11.1999.
5. The existing employees of Institute of Statistics, who work in the working positions
considered as a part of civil service, shall be subject to a probationary period lasting one year from the date of this law comes into force.
6. INSTAT is finances by the State Budget, through charges for publications, services and projects, as well as through any other legally income which may serves as a source to raise the funding.