Commission Implementing Regulation (EU) 2022/1092 of 30 June 2022 laying down technical specifications of data requirements for the topic ‘Innovation’ pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council (Text with EEA relevance)

L 176/10 EN Official Journal of the European Union 1.7.2022 COMMISSION IMPLEMENTING REGULATION (EU) 2022/1092 of 30 June 2022 laying down technical specifications of data requirements for the topic ‘Innovation’ pursuant to Regulation (EU) 2019/2152 of the European Parliament and of the Council (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019 on European business statistics, repealing 10 legal acts in the field of business statistics(1), and in particular Article 7(1) thereof, Whereas: (1) In order to produce and transmit to the Commission every even calendar year, pursuant to Annex II to Regulation (EU) 2019/2152, data on the topic ‘Innovation’, listed in Annex I to that Regulation, that is comparable between Member States, as well as to ensure the correct implementation of the topic ‘Innovation’ based on harmonised concepts, the Commission may specify variables, the measurement unit, the statistical population, classifications and breakdowns, the use of approximations and quality requirements, the data transmission deadline, and the first reference period. (2) The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, HAS ADOPTED THIS REGULATION: Article 1 For the topic ‘Innovation’, as referred to in Annex I to Regulation (EU) 2019/2152, Member States shall transmit to the Commission (Eurostat) data for the reference period in accordance with Annexes I to III to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 June 2022. For the Commission The President Ursula VON DER LEYEN (1) OJ L 327, 17.12.2019, p. 1.ANNEX I Data to be transmitted Variables As specified in Annex II Measurement unit As specified in Annex II Statistical population All enterprises with economic activity in NACE Sections B, C, D, E, H, J, K, and Divisions 46, 71, 72 or 73 with 10 or more employees and self-employed persons in the reference period(1). Breakdowns Data sets as specified in Annex II (variable breakdowns) and Annex III (enterprise breakdowns) Use of approximations and Quality Statistical unit ‘enterprise’ requirements Where the reporting unit is part of an enterprise, Member States may use appropriate statistical methodology to produce, and transmit data to Eurostat, for the statistical unit ‘enterprise’. The methodology shall be described in the metadata and quality reporting. Coherence with national Business Register Member States shall assess the coherence between data collected and information that is available in national Business Register as referred to in Article 8(2) of Regulation (EU) 2019/2152 for, at least, the variables ‘Number of enterprises’, ‘Employees and self-employed persons in the enterprise’, ‘Total turnover of the enterprise’, and ‘Age of the enterprise’. Member States shall report the results of the assessment in the metadata and quality reporting. Data transmission deadline Final and validated data: T + 18 months after the reference year First reference year 2022 (1) According to Annex II to Regulation (EU) 2019/2152 (Topic ‘Innovation’) the ‘reference period is the three-year period before the end of every even calendar year’, i.e. the time period consisting of the two years preceding the reference year and the reference year. 1.7.2022 EN Official Journal of the European Union L 176/11ANNEX II Data sets Enterprise scope/ Variable name Variable breakdown categories Enterprise breakdown(s)(1) Measurement unit Introduction of product innovation during Introduction of new or improved All enterprises/ the reference period(2) (1) goods DA/ (2) services Incidence (number of enterprises) Introduction, during the reference period, of Introduction of new or improved goods or services that were: Enterprises with product innovation/ product innovation that was new to the (1) not previously offered by competitors DA/ market (2) identical or very similar to products already offered by competitors Incidence (number of enterprises) Turnover from innovative products in the Turnover from products Enterprises with product innovation/ reference year (1) introduced during the reference period that were not previously offered by competitors DA; ICC/ (2) introduced during the reference period that were identical or very similar to products Incidence (number of enterprises), Thousand already offered by competitors Euros (3) that were unchanged or only marginally modified during the reference period Developer of product innovations introduced Product innovations developed by: Enterprises with product innovation/ during the reference period (1) the enterprise by itself DA/ (2) the enterprise together with other enterprises or organisations Incidence (number of enterprises) (3) the enterprise by adapting or modifying products originally developed by other enterprises or organisations (4) other enterprises or organisations Introduction of business process innovation Introduction of new or improved processes: All enterprises/ during the reference period (1) methods for producing or developing goods or providing services DA/ (2) logistics, delivery or distribution methods Incidence (number of enterprises) (3) methods for information processing or communication (4) methods for accounting or other administrative operations (5) business practices for organising procedures or external relations (6) methods of organising work responsibility, decision making or human resource management (7) marketing methods for promotion, packaging, pricing, product placement or after sales services (1) For the meaning of the abbreviations see Annex III. (2) According to Annex II to Regulation (EU) 2019/2152 (Topic ‘Innovation’) the ‘reference period is the three-year period before the end of every even calendar year’, i.e. the time period consisting of the two years preceding the reference year and the reference year. L 176/12 EN Official Journal of the European Union 1.7.2022Developer of business process innovations Business process innovations developed by: Enterprises with business process innovation/ introduced during the reference period (1) the enterprise by itself DA/ (2) the enterprise together with other enterprises or organisations Incidence (number of enterprises) (3) the enterprise by adapting or modifying business processes originally developed by other enterprises or organisations (4) other enterprises or organisations Business model innovation during the Fundamental changes: All enterprises/ reference period (optional variable) (1) to the value that products/services create for customers DA; ICC (optional)/ (2) in the way how revenues are obtained Incidence (number of enterprises) (3) in the production and delivery of products (4) in the relationship to customers (5) in the relationship to suppliers or cooperation partners Innovation activities during the reference Research and Development (R & D) activities: All enterprises/ period (1) in-house R & D, of which (2) to (3) DA/ (2) continuous Incidence (number of enterprises) (3) occasional (4) contracting out R & D Innovation activities that did not lead to the introduction of an innovation during the reference period: (5) ongoing by the end of the reference year (6) abandoned or suspended (7) completed but not leading to the introduction of an innovation Expenditure on innovation activities in the Innovation expenditure: Enterprises with innovation activities/ reference year (1 to 3 mandatory, 4 to 7 optional) DA/ (1) R & D performed in-house Thousand Euros (2) R & D contracted out (3) all other innovation expenditure, of which (4) to (7) (4) own personnel working on innovation (5) services, materials, supplies purchased from others for innovation (6) capital goods for innovation (7) other expenditures for innovation Reasons for not having more innovation (1) Lack of resources, e.g. lack of finance, qualified personnel, material Enterprises with innovation activities/ activities during the reference period (2) Other reasons than a lack of resources, e.g. strategic reasons; not the right time to innovate; DA; ICC/ other priorities; risks too high; low expected returns Incidence (number of enterprises) (3) No need for more innovation activities Reasons for having no innovation activities at (1) Lack of resources, e.g. lack of finance, qualified personnel, material Enterprises with no innovation activity/ all during the reference period (2) Other reasons than a lack of resources, e.g. strategic reasons; not the right time to innovate; DA; ICC/ other priorities; risks too high; low expected returns Incidence (number of enterprises) (3) No need for any innovation activities 1.7.2022 EN Official Journal of the European Union L 176/13Intellectual Property Rights (optional (1) Application for a patent All enterprises/ variable) (2) Registration of an industrial design right DA; ICC (optional)/ (3) Registration of a trademark Incidence (number of enterprises) (4) Claim of a copyright (5) Use of trade secrets (6) Licence out own intellectual property rights (IPRs) (7) Sell (or assign) own IPRs to others (8) Exchange IPRs (pooling, cross-licencing, etc.) Conditions faced by the enterprise during the Competitive environment characterised by: All enterprises/ reference period (optional variable) (1) goods or services become outdated quickly DA; ICC (optional)/ (2) future technological developments are difficult to predict Incidence (number of enterprises) by Likert (3) competitor goods or services are easily substituted for those of the enterprise scale: (4) entry of new competitors leads to a major threat of the enterprises’ market position — Applies fully (5) competitor’s actions are difficult to predict — Applies somewhat (6) changes in demand are difficult to predict — Applies very little (7) strong competition from abroad — Applies not at all (8) price increases lead to loss of clients Importance of strategies, during the reference Focus on: All enterprises/ period, to the economic performance of the (1) improving existing goods or services DA; ICC (optional)/ enterprise (optional variable) (2) introducing new goods or services Incidence (number of enterprises) by Likert (3) low-price (price leadership) scale: (4) high-quality (quality leadership) — High (5) broad range of goods or services — Medium (6) one or a small number of key goods or services — Low (7) satisfying established customers — Not important (8) approaching new customers (9) standardised goods or services (10) customer-specific solutions Customisation and co-creation during the Offer of goods or services: All enterprises/ reference period (optional variable) (1) co-created with users (co-creation) DA; ICC (optional)/ (2) designed and developed specifically to meet the needs of particular users (customisation) Incidence (number of enterprises) (3) in the same way for different users (standardised goods or services) Cooperation with other enterprises or Cooperation on: All enterprises/ organisations during the reference period (1) R & D DA; ICC/ (2) other innovation activities (excluding R & D) Incidence (number of enterprises) (3) any other business activities Cooperation on R & D or other innovation activities with cooperation partners: (4) from the business enterprise sector (5) outside the business enterprise sector L 176/14 EN Official Journal of the European Union 1.7.2022Detailed type of innovation cooperation Cooperation partners from the business enterprise sector (includes 1 to 6) Enterprises with innovation cooperation partner by location during the reference (1) consultants, commercial labs, or private research institutes partners/ period (optional variable) (2) suppliers of equipment, materials, components or software DA; ICC (optional)/ (3) clients or customers Incidence (number of enterprises) (4) competitors (5) others Cooperation partners from the own enterprise group: (6) enterprises within the own enterprise group Cooperation partners outside the business enterprise sector (includes 7 to 10): (7) universities or other higher education institutions (8) government or public research institutes (9) clients or customers from the public sector (10) non-profit organisations For each partner: located in: (11) own country (12) other EU or EFTA countries (13) all other countries Access to finance during the reference period Type of funding: All enterprises/ (1) Equity finance DA; ICC/ (2) Debt finance Incidence (number of enterprises) For each type of funding: (3) unsuccessful attempt to obtain (4) obtained (5) obtained and used partly or fully for R & D or other innovation activities Public financial support from different levels Public financial support by: All enterprises/ of government during the reference period (1) local or regional authorities DA; ICC/ (2) national government Incidence (number of enterprises) (3) EU Programme for Research and Innovation (Horizon 2020, Horizon Europe) (4) other financial support from a European Union institution For each type of public financial support: (5) obtained (6) obtained and used partly or fully for R & D or other innovation activities Tax incentives or allowances during the Use of tax credits or allowances for: All enterprises/ reference period (optional variable) (1) R & D or other innovation activities DA; ICC (optional)/ (2) all other types of activities Incidence (number of enterprises) 1.7.2022 EN Official Journal of the European Union L 176/15Importance of factors related to climate Factors related to climate change: All enterprises/ change during the reference period (optional (1) government policies or measures related to climate change DA; ICC (optional)/ variable) (2) increasing customer demand for products that help mitigate or adapt to climate change (e.g. Incidence (number of enterprises) by Likert low-carbon products) scale: (3) increasing costs or input prices resulting from climate change (e.g. higher insurance fees, — High higher prices for water, adaptation of processes or facilities) — Medium (4) impacts of extreme weather conditions (e.g. damages/disturbances) — Low — Not relevant Innovations with environmental benefits Environmental benefits obtained within the enterprise: All enterprises/ during the reference period (1) reduced material or water use per unit of output DA; ICC (optional)/ (2) reduced energy use or CO ‘footprint’ (i.e. reduced total CO emission) Incidence (number of enterprises) by 2 2 (3) reduced soil, light, noise, water or air pollution contribution to environmental protection (4) replaced a share of materials with less polluting or hazardous substitutes being (5) replaced a share of fossil energy with renewable energy sources — significant (6) recycled waste, water, or materials for own use or sale — insignificant (7) protection of bio-diversity Environmental benefits obtained during the consumption or use of a good or service by the end user: (8) reduced energy use or ‘CO footprint’ 2 (9) reduced air, water, soil, light or noise pollution (10) facilitated recycling of product after use (11) extended product life through longer-lasting, more durable, or easier-to-repair products (12) protection of bio-diversity Importance of driving factors for innovations Driving factors: Enterprises with innovations with with environmental benefits during the (1) existing environmental regulations environmental benefits/ reference period (optional variable) (2) existing environmental taxes, charges or fees DA; ICC (optional)/ (3) environmental regulations or taxes expected in the future Incidence (number of enterprises) by Likert (4) government grants, subsidies or other financial incentives for environmental innovations scale: (5) current or expected market demand for environmental innovations — High (6) improving the enterprise’s reputation — Medium (7) voluntary actions or initiatives for environmental good practice within the sector — Low (8) high cost of energy, water or materials — Not important (9) need to meet requirements for public procurement contracts Purchase of innovative machinery, Purchase of machinery, equipment or software based on All enterprises/ equipment or software during the reference (1) the same or improved technology used in the enterprise before DA; ICC (optional)/ period (optional variable) (2) new technology that was not used in the enterprise before Incidence (number of enterprises) L 176/16 EN Official Journal of the European Union 1.7.2022Enterprises Year: All enterprises/ (mandatory: 1; optional: 2) DA; ICC; SG/ (1) in the reference year Number of enterprises (2) in the year two years before the reference year Employees and self-employed persons in the Year: All enterprises/ enterprise (mandatory: 1; optional: 2) DA; ICC; SG/ (1) in the reference year Number of employees and self-employed (2) in the year two years before the reference year persons Persons with tertiary degree employed in the (1) 0 % All enterprises/ enterprise in the reference year (optional (2) 1 % to less than 5 % DA; ICC (optional)/ variable) (3) 5 % to less than 10 % Incidence (number of enterprises) (4) 10 % to less than 25 % (5) 25 % to less than 50 % (6) 50 % to less than 75 % (7) 75 % or more Total turnover of the enterprise Year: All enterprises/ (mandatory: 1; optional: 2) DA; ICC; SG/ (1) in the reference year Thousand Euros (2) in the year two years before the reference year Turnover by location of customers in the Customers located in All enterprises/ reference year (optional variable) (1) own country DA; ICC (optional)/ (2) other EU and EFTA countries Incidence (number of enterprises), Thousand (3) any other countries Euros Total expenditure of the enterprise in the Total expenditure on: All enterprises/ reference year (optional variable) (1) acquisition of machinery, equipment, buildings and other tangible assets DA; ICC (optional)/ (2) marketing, brand building, advertising Thousand Euros (3) training of own staff (4) product design (5) software development, database work and data analysis (6) registering, filing and monitoring own Intellectual Property Rights (IPRs) and purchasing or licensing IPRs from others Age of the enterprise in the reference year Enterprise established All enterprises/ (1) in 2020 or later DA; ICC/ (2) in 2018 or 2019 Incidence (number of enterprises) (3) between 2014 and 2017 (4) 2013 or earlier 1.7.2022 EN Official Journal of the European Union L 176/17Kind of enterprise group in the reference year Enterprise is: All enterprises/ (optional variable) (1) not part of an enterprise group DA; ICC (optional)/ (2) part of an enterprise group Incidence (number of enterprises), Country For (2), head office located in: name (3) own country, of which (4) and (5) (4) with all enterprises of that group located in the country (5) any other country Activities with one or more enterprises of the Inflows from other enterprises in the enterprise group: Enterprises that are part of an enterprise enterprise group during the reference period (1) receiving technical knowledge group/ (optional variable) (2) receiving financial resources DA; ICC (optional)/ (3) receiving personnel Incidence (number of enterprises) by (4) in-sourcing of business activities — other enterprise in the country Outflows to other enterprises in the enterprise group: — other enterprise abroad (5) transferring technical knowledge (6) transferring financial resources (7) transferring personnel (8) out-sourcing of business activities Funding in the form of intra-group loans Funding by intra-group loans: Enterprises that are part of an enterprise during the reference period (optional (1) unsuccessful attempt to obtain group/ variable) (2) obtained DA; ICC (optional)/ (3) obtained and used partly or fully for R & D or other innovation activities Incidence (number of enterprises) L 176/18 EN Official Journal of the European Union 1.7.2022ANNEX III Enterprise breakdowns Enterprise breakdown Code Enterprise breakdown categories Detailed Activity: Economic activity (high DA(1) Combined breakdown by economic activity (detailed), size class of number of employed persons (sum of employees and self- level of detail), size class, innovation status employed persons), and innovation status Activity breakdown: NACE aggregates of Sections and Divisions as well as Sections and Divisions: B+C+D+E+46+H+J+K+71 + 72 + 73, B+C+D+E, B, C, 10 + 11 + 12, 13 + 14 + 15, 16 + 17 + 18, 19 + 20 + 21, 22 + 23, 24 + 25, 26 + 27 + 28, 29 + 30, 31 + 32 + 33, D, E, 36 + 37; 38 + 39, 46+H+J+K+71 + 72 + 73, 46, H, 49 + 50 + 51, 52 + 53, J, 58 + 59 + 60, 61 + 62 + 63, K, 71, 72, 73, 71 + 72 + 73 Size class breakdown by number of employed persons (sum of employees and self-employed persons) (only for B+C+D+E+46+H+J+K+71 + 72 + 73, B+C+D+E, B, C, D, E, 46+H+J+K+71 + 72 + 73, 46, H, J, K, 71 + 72 + 73): Total, 10-49, 50-249, 250 or more employed persons Innovation status: All enterprises in the population (Total), Innovation active enterprises(2), Not innovation active enterprises Innovation Core Concepts: Economic activity ICC Combined breakdown by activity (low level of detail), size class of number of employed persons (sum of employees and self- (low level of detail), size class, innovation employed persons), and innovation profile profile Activity breakdown: NACE aggregates of Sections and Divisions: B+C+D+E+46+H+J+K+71 + 72 + 73, B+C+D+E, 46+H+J+K+71 + 72 + 73 Size class breakdown by number of employed persons (sum of employees and self-employed persons): Total, 10-49, 50-249, 250 or more employed persons Innovation profiles breakdown: All enterprises in the population (Total), Innovation active enterprises (Profile I + Profile II + Profile III + Profile IV + Profile V), Not innovation active enterprises (Profile VI + Profile VII), (1) Member States can also cover NACE Sections A, F, G, I on a voluntary basis. (2) Enterprises with product innovation, business process innovation, completed (but not leading to an implemented innovation during reference period), ongoing or abandoned innovation activities, in-house R & D or contracted-out R & D. 1.7.2022 EN Official Journal of the European Union L 176/19Enterprises that have introduced an innovation (Profile I + Profile II + Profile III + Profile IV), Enterprises that have not introduced an innovation (Profile V + Profile VI + Profile VII), Enterprises with innovation capabilities (Profile I + Profile II + Profile III + Profile V), Enterprises without innovation capabilities (Profile IV + Profile VI + Profile VII), Enterprises with R & D activities (Profile IA + Profile IIA + Profile IIIA + Profile IVA + Profile VA), Enterprises without R & D activities (Profile IB + Profile IIB + Profile IIIB + Profile IVB + Profile VB + Profile VI + Profile VII), In-house product innovators with market novelties (Profile I), In-house product innovators without market novelties (Profile II), In-house business process innovators without product innovation (Profile III) (optional), Innovators that do not develop innovations themselves (Profile IV) (optional), Non-innovators with innovation activity (Profile V) (optional), Non-innovators without innovation activity but with potential to innovate (Profile VI), Non-innovators without innovation activity and without potential to innovate (Profile VII), Special Groups of enterprises SG Combined breakdown by activity (low level of detail), size class of number of employed persons (sum of employees and self- employed persons), and kind of enterprise (innovation) Activity breakdown: NACE aggregates of Sections and Divisions: B+C+D+E+46+H+J+K+71 + 72 + 73, B+C+D+E, 46+H+J+K+71 + 72 + 73 Size class breakdown by number of employed persons (sum of employees and self-employed persons): Total, 10-49, 50-249, 250 or more employed persons Kind of enterprise (innovation): All enterprises in the population, Enterprises with at least one good innovation, Enterprises with at least one service innovation, Enterprises with at least one product innovation (goods or services) that was not previously available to the market (‘new to market’), Enterprises with at least one product innovation (goods or services) already previously available on the market ‘new to the firm’, Enterprises with at least one business process innovation (independent of kind of business process innovation), Enterprises with product innovation but no business process innovation, L 176/20 EN Official Journal of the European Union 1.7.2022Enterprises with business process innovation but no product innovation, Enterprises with both product innovation and business process innovation, Enterprises contracting out R & D but with no R & D performed in-house, Enterprises with innovation activities (product innovation, business process innovation, completed, ongoing or abandoned innovation activities) but no in-house or contracting out R & D 1.7.2022 EN Official Journal of the European Union L 176/21