Census Standards and Recommendations

1
EUROPEAN UNION CENSUS STANDARDS

Legal Memorandum

March 2012

2


Executive Summary

The purpose of this memorandum is to provide an overview of the European
Unions legal framework for conducting censuses and identify minimum standards
and topic areas required in a census questionnaire.

The applicable EU legal framework is relatively new and aims to standardize
member states censuses on several topic areas in the interest of comparability and
harmonization of data. As a result, EU regulations do not address data collection
methods, and instead focus on data classification. The EU regulations provide for
a limited list of topic areas required in member states census questionnaires,
relating primarily to geographic, demographic, economic, and education
characteristics of persons. The regulations require that every member state follow
the same definitions, as well as use the same technical specifications, and the same
breakdowns of census topics.

The mandatory topic areas listed in the EU regulations do not address
questions related to ethnicity, language, or religion. However, an additional, non-
binding list of recommendations by the Conference of European Statisticians
(CES) is available for states that choose to cover such topics. The
recommendations caution member states on the sensitive nature of such questions
and advise states to ensure the safety of participants and of the data itself. The
recommendations emphasize the need to assure the free and open declaration of
respondents. In addition, the CES recommends that members of ethnic, linguistic,
and religious groups be involved in the drafting of census questions, the definition
of classification procedures, and the conduct of the censuses among minority
populations.

The objective of the CES is to offer guidelines and alternatives to EU
member states, whereas the EU legislation provides specific, legally binding
requirements. Due to their legally binding nature, the EU regulations are more
detailed than the recommendations by the CES. Instead, the CES offers multiple
alternatives for states to implement recommendations in collecting data on the
topics of ethnicity, language, and religion. Moreover, the CES provides a
discussion on the foregoing topics, which would not be present in a piece of
legislation. Thus, despite not being legally binding, the CES addresses the respect
for human and minority rights in the process of census data collection.

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TABLE OF CONTENTS

Statement of Purpose 4

Introduction 4

EU Regulations on Population and Housing Censuses 4

Conference of European Statisticians Recommendations for the 2010
Censuses of Population and Housing 7

Conclusion 11

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Statement of Purpose

The purpose of this memorandum is to provide an overview of the European
Unions legal framework for conducting censuses and identify minimum standards
and topic areas required in a census questionnaire.

Introduction

The European Union (EU) recently enacted a legal framework governing the
conduct of censuses by EU member states. The regulations, adopted in 2008,
require that each member state conduct a population census every ten years
according to a series of basic requirements in the interest of harmonizing
information collected.
1
Although the regulations do not provide specific examples
of questions required in census questionnaires, they identify basic methodologies
and key topic areas that member states are required to include when conducting a
census in order to provide states with flexibility in implementing them.
2
In
addition, the United Nations Economic Commission for Europe (UNECfC), in
cooperation with EUROSTAT, the EUs statistical office, prepared the non-
binding CES Recommendations, specifically for the 2010 census.
3
These
recommendations provide a more detailed indication of what topic areas the EU
believes are important to include in a census questionnaire, as well as procedures
for collecting data in a culturally sensitive manner.
4

EU Regulations on Population and Housing Censuses

The EU legislative framework on census data collection consists of:
Regulation (EC) No 763/2008 (Regulation 763), requiring compliance with
subsequent implementing regulations; Regulation (EC) No 1201/2009 (Regulation
1201), focusing on technical specifications for census topics and their breakdowns;
Regulation (EU) 519/2010 (Regulation 519), specifying the form of data which

1
Regulation (EC) No 763/2008, art. 1 (European Union, 2008), available at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0014:0020:EN:PDF.
2
Regulation (EC) No 1201/2009, Annex (European Union, 2009), available at http://eur-
3
United Nations Economic Commission for Europe, Conference of European Statisticians Recommendations for the
2010 Censuses of Population and Housing (2006), available at
http://www.unece.org/fileadmin/DAM/stats/publications/CES_2010_Census_Recommendations_English.pdf.
4
United Nations Economic Commission for Europe, Conference of European Statisticians Recommendations for the
2010 Censuses of Population and Housing (2006), available at

5

member states are required to submit; and Regulation (EU) No 1151/2010
(Regulation 1151), requiring member states to submit a written report along with
their statistical data. EU legislation respects the different methods of census taking
that have developed in EU member states, thereby only regulating the method of
transmitting the data obtained to the EU.
5
Indeed, Regulation 763 addresses output
harmonization rather than input harmonization, thus focusing on comparing the
data received from the different censuses conducted in member states than with
how the censuses are conducted.
6

Two subsequent pieces of legislation address the collection of census data.
Regulation 1201 establishes definitions and specifications for census topics, as
well as how they may be broken down.
7
The specific census topics listed include
geographic, demographic, economic, education, and housing information.
8

Regulation 519 requires compliance with a defined program of statistical data.
9

The regulation specifically mentions that it does not require the sharing of any data
that the government may deem to be confidential.
10

The Annex to Regulation 763 provides a list of topic areas that EU member
states are required to include in their censuses.
11
The topics include geographic,
demographic, economic, and educational characteristics of persons; international
and internal migration characteristics; and household, family, and house
characteristics.
12
The Annex also provides information on the level of regional
detail for which data is required (regional, municipal, etc.).
13
The regulation,
however, does not provide instructions for how census topics should be broken
down or how much detail should be included.
14

5
Eurostat, EU Legislation on the 2011 Population and Housing Censuses Explanatory Notes, 9 (2011), available
at http://unstats.un.org/unsd/censuskb20/Attachment486.aspx.
6
7
Regulation (EC) No 1201/2009, (European Union, 2009), available at http://eur-
8
9
Regulation (EU) No 519/2010, (European Union, 2010), available at http://eur-
10
Eurostat, EU Legislation on the 2011 Population and Housing Censuses Explanatory Notes, 9 (2011),
available at http://unstats.un.org/unsd/censuskb20/Attachment486.aspx.
11
12
Regulation (EC) No 763/2008, Annex (European Union, 2008).
13
14
Regulation (EC) No 763/2008, (European Union, 2008).

6

The Implementing Regulation effectuates the requirements of the Census
Regulation, requiring that every member state follow the same definitions and use
the same technical specifications and breakdowns of census topics.
15
Each topic
breakdown must have a heading, and can be further broken down into multiple
sections.
16
Where multiple breakdowns exist, the Implementing Regulation
mandates that breakdowns be identified by levels of detail.
17
The specifications
provided for in the Implementing Regulation comply with recommendations of
international agencies such as the United Nations Statistics Division, the United
Nations Economic Commission for Europe, and EUROSTAT.
18

The Annex to Regulation 1201 provides additional required census topics,
which include place of usual residence, location of work, sex, age, marital status,
current activity, occupation, status in employment, education, state of birth, state of
citizenship, and previous place of residence (if applicable).
19
Regulation 1201
defines place of usual residence primarily as the location where a person spends
the majority of the year.
20
Legal marital status is limited to legal (de jure) status,
although the regulation makes clear that the EU is interested in collecting
information on registered partnerships if the member states legal framework
allows for such.
21
Current activity status, occupation, industry, and status in
employment all refer to the different aspects of a persons employment situation.
22

A second set of topics relate to place of birth, citizenship, and foreign
residence of the person.
23
The international boundaries applicable to these
determinations are those in place on January 1, 2011.
24
The Regulations require
further identification of the previous place of residence, household status, family
status, as well as type and size of family nucleus.
25

15
Regulation (EC) No 1201/2009, Preamble (European Union, 2009), available at http://eur-
16
17
18
Eurostat, EU Legislation on the 2011 Population and Housing Censuses Explanatory Notes, 9-10 (2011),
19
20
21
22
23
24
25

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Regulation No. 519/2010 provides that member states are not required to
transmit confidential data.
26
According to Regulation No 519/2010, confidential
data means that which must not be disclosed to protect the statistical
confidentiality of the data according to the member states statistical disclosure
control.
27
As a result, this definition offers room for member states to define what
is confidential according to their respective statistical disclosure controls.
Importantly, the EU Regulations do not list ethnic, linguistic, or religious topics as
mandatory areas of inquiry under their census requirements.

By requiring member states to use the same set of definitions, the EU
regulatory framework for censuses focuses on comparability and harmonization of
data, rather than the methods of interviewing the population. As a result, states
retain flexibility in implementing the EU regulations as long as the data collected is
categorized pursuant to the regulations.
28
The objectivity of the definitions
diminishes the potential for inconsistencies resulting from different interviewing
techniques.
29
One consequence of a single, harmonized set of topics and
definitions for census questionnaires is the lack of regulation pertaining to more
sensitive and amorphous topics, such as ethnicity.

CES Recommendations for the 2010 Round of Population and Housing
Censuses

Unlike the technically-oriented Implementation Regulation, the CES
Recommendations offer guidelines, alternatives, and a discussion on collecting
subjective and sensitive data, such as ethnicity, language, and religion. One of the
main objectives of the CES Recommendations is to provide guidance to states in
planning and conducting population and housing censuses. Another main purpose
is to facilitate and improve the comparability of the data through the selection of a
core set of census topics and the harmonization of definitions and classifications.
30

The topic areas are divided into core and non-core topics. Core topics reflect
the mandatory requirements under the EU regulations discussed above.

26
Regulation (EU) No 519/2010, art. 2(8), 3(3), (European Union, 2010), available at http://eur-
27
Regulation (EU) No 519/2010, art. 2(8) (European Union, 2010), available at http://eur-
28
29
30
United Nations Economic Commission for Europe, Conference of European Statisticians Recommendations for
the 2010 Censuses of Population and Housing, 1 (2006), available at

8

Meanwhile, non-core topics are areas of interest and specific guidance for states
that decide to include such topics in their census questionnaire.
31

The CES Recommendations warn that questions related to ethno-cultural
characteristics have a subjective dimension and can be politically sensitive.
32
The
CES Recommendations thus emphasize the need to assure the free and open
declaration of respondents.
33
Certain minority groups may be particularly
vulnerable, requiring that the government ensure that appropriate steps are taken to
protect the information gathered through the census.
34
In addition, the CES
Recommendations call upon states to develop and implement census procedures
with the participation of minority groups. The CES Recommendations call for the
involvement of members of ethnic, linguistic, and religious groups in drafting
census questions, defining classification procedures, and conducting censuses
among minority populations.
35
Minority involvement in the process promotes
transparency, the correct understanding of the questions, and increased
participation of the population.
36
In addition, the Recommendations suggest that
states should implement special monitoring mechanisms when collecting data on
ethno-cultural characteristics to guarantee the free declaration of the respondents
and data protection.
37

The non-core topic areas included under ethno-cultural characteristics are
ethnicity, language, and religion.
38
The Recommendations caution against
confusing data on ethnicity with that on state of citizenship or state of birth,
reasoning that ethnicity is a more subjective characteristic than citizenship.
39
As a
result, the Recommendations also suggest avoiding use of the term nationality in

31
the 2010 Censuses of Population and Housing, 1 (2006) , available at
http://www.unece.org/fileadmin/DAM/stats/publications/CES_2010_Census_Recommendations_English.pdf..
32
the 2010 Censuses of Population and Housing, 95 (2006).
33
34
35
36
37
38
39

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place of ethnicity.
40
To guard against such confusion, the Recommendations
encourage the use of open-ended questions regarding ethnicity to promote answers
based on self-declaration.
41
Self-declaration also means that interviewees are
permitted to select more than one ethnicity or opt for none or not declared.
42

On the issue of language, the CES Report recommends that state ask two
separate questions.
43
The Recommendations call for at least one question
involving mother/main tongue and one question covering functional fluency.
44

The first question should relate to the participants mother tongue, main language,
or language currently spoken at home or at work.
45
The Recommendations define
mother tongue as the first language spoken in early childhood at home, while
main language is the language which one commands best.
46
The CES
Recommendations suggest that questions regarding languages spoken at
home/work allow for multiple answers.
47
The Recommendations also allow for
questions to identify knowledge of language(s), meaning the ability to speak or
write one or more languages.
48

On the question of religion, states are encouraged to explain in the census
instructions what specific concepts and definitions are used to classify religious
groups.
49
The CES Recommendations provide a classification of religion for the
purpose of consistency and comparability of data. The classification features the
following eight groups: Christianity, Islam, Judaism, Buddhism, Hinduism,

40
the 2010 Censuses of Population and Housing, 96 (2006) , available at
http://www.unece.org/fileadmin/DAM/stats/publications/CES_2010_Census_Recommendations_English.pdf..
41
42
43
44
45
46
47
48
49
the 2010 Censuses of Population and Housing, 98 (2006), available at

10

Sikhism, other religious groups, and no religion.
50
The CES Recommendations
further classify groups within Christianity and Islam, but not within Judaism.
Christianity is classified into Catholic, Orthodox, Protestant, Jehovahs Witnesses,
Oriental Christian, and other Christian.
51
Meanwhile, the classification recognizes
the following within Islam: Alawit (Nusayris), Ismaili (Seveners), Ithnaashari
(Twelvers), Shia, Sufi, Sunni, and Zaydi (Fivers).
52

The CES Recommendations recognize the sensitivities and challenges of
gathering information on ethnicity, language, and religion, and seek to provide
states with guidance to facilitate the conduct of a census that addresses these
issues. Rather than attempt to develop a single, universal model, the report focuses
on the process, such as including minority groups in the census drafting procedure,
to ensure all states have flexibility in implementation and the ability to
accommodate the unique needs and concerns of the states population. The CES
Recommendations also emphasize the need for the development of clear and easily
understandable questions and instructions for answering questions, as well as the
need for sensitivity of those being interviewed. Furthermore, the report
emphasizes flexibility and the freedom for individuals not to answer questions on
ethnicity, language, or religion.

Although the CES Recommendations are not legally binding upon EU
member states, the EU regulations are consistent with the Recommendations. In
fact, Regulation 1201 is more specific than the Recommendations, specifying the
breakdowns of topics, unlike the Recommendations.
53
The difference in the level
of detail is due to the Recommendations purpose of providing guidelines, leaving
states to select specific methods to execute the suggestions.
54
While less detailed,
the CES Recommendations offer a discussion of how to collect data on sensitive
topics such as ethnicity, language, and religion, which would otherwise not belong
in a piece of legislation.
55
As a result, the Recommendations objective is to offer

50
51
52
53
54
55

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guidelines and alternatives to EU member states, whereas the EU legislation
provides for specific, legally binding requirements.

Conclusion

The EU Regulations respect the diversity of EU member states by providing
minimal structures for censuses to ensure comparability and harmonization of
information among states while allowing for the development of census practices
and procedures that recognize each states unique circumstances. The Census
Regulation provides for the minimum standards that must be included by member
states in census questionnaires. The required census topics are further elaborated
upon by the Implementing Regulation, discussing the details of the mandatory
topics. The CES Recommendations discuss further, non-binding, topic areas,
which include ethnicity, language, and religion. Consequently, the CES
Recommendations offer more guidance than the EU regulations regarding the
respect for human and minority rights in the process of census data collection.

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EUROPEAN UNION CENSUS STANDARDS

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