1.When requesting data in accordance with Article 17b, the NSIs or the Commission (Eurostat) shall:
specify what data and metadata are required;
specify the statistical need for which the data are requested in accordance with Article 17b(1);
specify the frequency with which and the deadlines by which the data are to be made available;
specify the operational arrangements for making the data available.
2.Requests for data as referred to in paragraph 1 shall follow the principle of data minimisation and be proportionate to the statistical need in terms of the level of detail and volume of the data and the frequency with which the data are to be made available. Such requests shall concern in principle non-personal data and, only in specific circumstances, personal data from personal data categories specified in sectoral legislation.
3.Following a request for data as referred to in paragraph 1, a dialogue shall take place between the NSI, the other national authority or the Commission (Eurostat) and the private data holder concerned to discuss and agree on the measures needed for making data available for the development, production and dissemination of European statistics, with the aim of concluding an agreement.
4.If an agreement as referred to in paragraph 3 is not concluded within three months following the notification of the request for data referred to in paragraph 1 or if the agreement is not fulfilled by the private data holder:
when the NSI has requested the data, it may issue a second request to the private data holder to make the data available within a specific deadline and the private data holder shall then make the relevant data available within that deadline;
when the Commission (Eurostat) has requested the data, it may adopt a decision to require the private data holder to make the data available within a period no shorter than 15 calendar days and the private data holder shall then make the relevant data available to the Commission (Eurostat) within the deadline specified therein.
Paragraph 1 shall apply to a decision as referred to in point (b) of the first subparagraph of this paragraph. Such decision shall take into account issues on which views may have converged during the dialogue with the private data holder. It shall also indicate the deadline for the private data holder to submit its reply, the deadline for the private data holder to make the data available, the fines provided for under paragraph 6 that may be applied if the data are not provided in time, and the means of redress against the decision.
5.Member States shall take appropriate measures to ensure the effective enforcement of the requests referred to in paragraph 4, point (a).
6.The Commission shall take appropriate measures to ensure the effective enforcement of the decisions adopted in accordance with paragraph 4, point (b). Those measures may include the adoption of fines where the private data holder intentionally or negligently fails to supply the data requested by a decision as referred to in paragraph 4, point (b), within the deadline or supplies incorrect, incomplete or misleading data. In fixing the amount of the fines, the Commission shall take into account the nature, gravity, duration and recurrence of the infringement.
7.The Commission may adopt decisions imposing fines within one year following the deadline for the submission of data laid down in its decision under paragraph 4, point (b), where the private data holder fails to submit any data or within one year of the submission of incorrect, incomplete or misleading data. Fines may reach up to EUR 25 000 and, in the event of recurrence within three years, up to EUR 50 000 . The power of the Commission to enforce decisions imposing a fine shall be subject to a limitation period of five years from the date on which the decision becomes final. Before adopting a decision pursuant to paragraph 6, the Commission shall give the private data holder the opportunity to be heard on the preliminary findings of the Commission and the measures that the Commission could take on the basis of those preliminary findings.