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Legal basis

Excerpt from the Federal Act on Federal Statistics (Federal Statistics Act 2000, Federal Law Gazette No. 163/1999 in the current version)

Attribution and use of classifications

Article 21.

(1)  In the event that, as a result of a legal act within the meaning of Article 4 (1) subsection 1 hereabove or a Federal Act, an institution is required to organise particular statistical units using statistical classifications, Statistics Austria statistical classifications (e.g. based on the Systematik der Wirtschaftstätigkeiten ÖNACE (classification of ÖNACE economic activities) pursuant to Article 4 (5)) shall be used.

(2) The classificatory attribution of statistical units (enterprises, holdings, local units, other statistical units pursuant to Article 25a hereunder) shall be made by Statistics Austria either ex officio or at the request of the institution pursuant to (1) hereabove, or by the legal representative of the statistical unit concerned, and shall be amended in the event of change in the circumstances material to attribution or in the regulations concerning the classificatory attribution. If the technical prerequisites are in place, Statistics Austria may use the Corporate Service Portal to collect information from the enterprises concerning their main and secondary activities, deal with queries and advise of the classificatory attribution (dialogue procedure).

(3) Attributions or amendments effected pursuant to (2) hereabove shall be communicated to the institution or legal representative in writing and free of charge. Communication may be electronic if data transmission is secure and data is protected against unauthorised access by third parties. Communication does not constitute official notification.

(4) If the legal representative concerned does not agree with the Statistics Austria attribution, within four weeks of dispatch of the communication a written application may be filed with said Federal Institution for a declaratory decision. The decision shall be issued by the federal minister who, pursuant to the Bundesministeriengesetz 1986, is responsible for the main activity of the institution in question.

(5) Applications made pursuant to (4) here above shall give:

1. the reasons why the Statistics Austria attribution is incorrect;

2. information concerning the circumstances material to the attribution of the statistical unit concerned.

(6) Within four weeks of the filing of the application pursuant to (4) hereabove and possible further relevant inquiries, Statistics Austria may change the attribution to that requested. Alternatively, it must submit the application to the responsible federal minister immediately and at latest by the end of the aforesaid four weeks.

(7) The classificatory attribution made by Statistics Austria shall become effective:

1. on expiry of the time limit pursuant to (4) hereabove if no application has been filed for a declaratory decision;

2. on the withdrawal of an application made within the time limit and pursuant to (4) hereabove;

3. on the advice of Statistics Austria concerning the change of the classificatory attribution pursuant to (6) hereabove to the legal representative of the statistical unit concerned;

4. on receipt by Statistics Austria of the written agreement of the legal representative of the statistical unit concerned with regard to the classificatory attribution.

(8) Statistics Austria shall keep a register of classificatory attributions for the implementation of statistical surveys and for purposes pursuant to subsections 1 and 2 hereabove. Upon request, it shall provide the ÖNACE attribution regarding the main activities of the enterprises free of charge:

1. to anyone citing the company name and address and the Commercial Register number, the Register of Associations number or the VAT number, if evidence of a justified interest in the information is furnished;

2. to national and regional authorities, the social insurance institutions and statutory interest groups with a company name and address, insofar as this is required for the performance of statutorily conferred duties.

Transmission of the data pursuant to subsection 2 may also be effected by granting online access to the register on reimbursement of the given implementation costs incurred.

(9) The legal representatives concerned shall, pursuant to (2) hereabove, co-operate in the determination of the relevant facts and in providing the information required.

The full wording of the Federal Statistics Act 2000, Federal Law Gazette No. 163/1999 in its current version can be found here



Last updated on 2023-10-05.
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