CROATIAN PARLIAMENT

 

2587

 

Pursuant to Article 89 of the Constitution of the Republic of Croatia, I have adopted the following

 

 

DECISION

 

ON THE ADOPTION OF THE ACT ON THE CENSUS OF POPULATION, HOUSEHOLDS AND DWELLINGS IN THE REPUBLIC OF CROATIA IN 2011

 

 

I hereby promulgate the Act on the census of population, households and dwellings in the Republic of Croatia in 2011, which was adopted by the Croatian Parliament on the session of 15 July 2010.

 

Class: 011-01/10-01/80

Ref. No: 71-05-03/1-10-2

Zagreb, 20 July 2010

 

President

of the Republic of Croatia

Ivo JosipoviŠ

 

 

ACT

 

ON THE CENSUS OF POPULATION, HOUSEHOLDS AND DWELLINGS IN THE REPUBLIC OF CROATIA IN 2011

 

I GENERAL PROVISIONS

Article 1

This Act lays down the content, preparation, organisation and execution of the Census of population, households and dwellings in the Republic of Croatia in 2011 (hereinafter referred to as "Census"), confidentiality of Census data, obligations of state and other bodies involved in the execution of the Census, rights and obligations of citizens as Census data providers, as well as all those involved in the execution of the Census and data processing after the Census, publishing of Census results and financing of the Census.

Terms referring to natural persons in this Act shall be used in the masculine form and shall refer to persons of both sexes.

Article 2

Within the meaning of this Act, population to be enumerated shall mean citizens of the Republic of Croatia, foreign citizens and stateless persons resident in the Republic of Croatia, regardless of the fact whether in the time of the Census are located in the Republic of Croatia or abroad, as well as persons who in the time of the Census are temporarily residing in the Republic of Croatia.

Within the meaning of this Act, household shall mean any family or other nucleus of persons residing and living together, who share their income to cover the basic costs of living (accommodation, food and so forth), or each person who lives alone in a Census settlement and does not have a household in another settlement in the Republic of Croatia or abroad (one person household). Household shall also mean the so called institutional household, i.e. any household consisting of persons living in institutions for the permanent accommodation of children and adults, in hospitals for the permanent accommodation of the terminally ill, monasteries, military premises, police premises, judicial premises, refugee camps and so forth.

Within the meaning of this Act, dwelling shall mean a construction unit intended for housing purposes, consisting of one or more rooms with or without auxiliary rooms (kitchen, pantry, hallway, bathroom, toilet, etc.) and having a separate entrance.

Article 3

In the Republic of Croatia the Census shall be carried out in the period between 1 and 28 April 2011 in accordance with the situation on 31 March 2011 at midnight, which shall be deemed as the moment of Census.

Immediately after the Census a Post Enumeration Survey shall be carried out on a representative sample of enumeration districts in order to assess the scope and the quality of information collected within the Census.

Article 4

The Census shall include the following census units:

1.   population (persons),

2.   households of persons referred to in point 1 of this Article,

3.   dwellings and other housing units other than dwellings as referred to in Article 2 of this Act, but which are used for housing purposes in the time of the Census.

Article 5

The Census shall not include diplomatic personnel of foreign diplomatic bodies and consulates in the Republic of Croatia and representatives of international organisations and bodies, including the members of their families who temporarily reside with them in the Republic of Croatia.

The Census shall neither include those dwellings owned by foreign countries inhabited by foreign diplomatic or military personnel.

Article 6

The census units as referred to in Article 4 of this Act shall be enumerated by persons who have been trained and authorised to carry out the Census (hereinafter referred to as "enumerators").

Personal information shall be recorded in the Personal questionnaire and the household and dwelling-related information shall be recorded in the Questionnaire for households and dwellings.

Article 7

Persons referred to Article 4 of this Act shall give accurate and full answers to the questions contained in the Census questionnaire.

As regards national and religious affiliation, persons referred to Article 4 of this Act may declare themselves freely.

Article 8

The answers shall be recorded in the Croatian language and in Latin characters.

Members of national minorities are entitled to receive facsimiles of the Personal questionnaire and the Questionnaire for households and dwellings in the language and alphabet of the concerned minority.

Article 9

Information on absent persons included in the Census shall be provided by the member of the household able to provide the most accurate information on the absent member of the household; for children under 15 years of age such information shall be provided by one of the parents, adoptive parents or guardians.

If in the time of the Census the enumerator fails to find the person included in the Census and the information cannot be collected pursuant to paragraph 1 of this Article, he shall leave a written notice to the concerned person notifying them of their obligation to provide the required information to the competent Census centre not later than 28 April 2011.

The notice referred to in paragraph 2 of this Article shall contain information on working hours and the address of the competent Census centre.

 

 

 

II CONFIDENTIALITY OF CENSUS DATA

Article 10

Enumerators and other persons involved in the Census or responsible for other Census-related tasks shall carry out the tasks entrusted to them scrupulously, responsibly and with quality.

Persons referred to paragraph 1 of this Article shall permanently keep all information received by individuals regarding their personal and family situation and assets as official secret.

Article 11

Individual data collected within the Census for the purpose of official statistics shall be used exclusively for statistical purposes.

Protection and confidentiality of individual statistical data collected within the Census shall be subject to the provisions of the Act on official statistics.

 

 

 

III CONTENT OF CENSUS

Article 12

By means of the Census referred to in Article 4, point 1 of this Act the following data shall be collected: surname and name; date of birth; personal identification number (OIB or identity card number); sex; marital status; type of nucleus in which a person lives; number of liveborn children; place of permanent residence/temporary residence; presence in the Census settlement in the time of Census; reason of absence/presence; time of absence/presence; time of intended absence/presence; place of absence/place of residence; place of birth; place of residence of the mother at the time of birth; place from which the concerned person moved, as well as the year and reason thereof; foreign country from which the concerned person moved, as well as the year and reason thereof; citizenship; ethnicity; mother tongue; religion; educational attainment; literacy; attendance of schools/universities; knowledge of calculation operations; employment status; occupation; industry ; activity status; type of place of work; main sources of livelihood; subsistence of the concerned person and status of the person providing subsistence; place of work/schooling; frequency of return to the census settlement; means of transport to work/school; difficulties in performing everyday activities; type of difficulty; physical mobility of the concerned person; cause of difficulties; use of the assistance of another person in performing everyday activities.

Article 13

By means of the Census of households referred to in Article 4, point 2 of this Act the following data shall be collected: surname and name of the person determining the relationship among household members (reference person); family relationships among household members; type of household; basis of use of the dwelling by the household; possession of a personal computer; use of the internet; surface of the agricultural land in use, number of farm animals and poultry.

Article 14

By means of the Census of dwellings and other housing units referred to in Article 4, point 3 of this Act the following data shall be collected: type and manner of use of the housing unit; dwelling ownership; surface of dwelling; number of rooms in the dwelling; surface of kitchen; bathroom and toilet in the dwelling; type of installations in the dwelling; heating system; energy source; air conditioning; type of building in which the dwelling is located; position of dwelling in the building; year of construction of the building in which the dwelling is located.

Article 15

The total population of the Republic of Croatia shall not include persons referred to in Article 2, point 1 of this Act:

-      who are permanently resident in the Republic of Croatia, but who have been absent in the moment of Census longer than a year or intend to be absent longer than a year and do not return on a weekly basis to the Republic of Croatia. An exception thereof shall be diplomatic and military personnel of the Republic of Croatia, together with the members of their families, regardless of the duration of their stay abroad.

-      who have been resident in the Republic of Croatia for less than a year and do not intend to remain in the Republic of Croatia longer than a year.

-      students studying abroad, regardless of the frequency of their return to the Republic of Croatia, with the exception of those students who cross the border on a daily basis.

 

 

 

IV CENSUS ORGANISATION

Article 16

The Census shall be prepared, organised and executed by the Central Bureau of Statistics in cooperation with bodies laid down in this Act.

The Census shall be executed in accordance with the methods applicable to the Census preparation, organisation, execution and data processing (hereinafter referred to as "Census methodology").

The Post enumeration survey referred to in Article 3, paragraph 2 of this Act shall be carried out in accordance with the Methodology for the control of the scope and quality of data collected by the Census.

Article 17

The head of the Central Bureau of Statistics shall adopt the methodologies referred to in Article 16, paragraphs 2 and 3 of this Act, the Publishing programme and the Publishing calendar for statistical data, in which the results of the Census shall be announced.

Article 18

For the purpose of ensuring the correct application of the methodologies referred to in Article 16 of this Act, the head of the Central Bureau of Statistics shall appoint:

-      coordinators for each county and the City of Zagreb,

-      instructors for each branch office,

-      controllers for Census centres,

Article 19

The Central Bureau of Statistics shall:

-      print and distribute Census questionnaires, instructions and other materials required for the preparation and the execution of the Census,

-      inform the public on the goal, meaning and content of the Census,

-      draw up instructions for the persons involved in the Census and control their uniform implementation,

-      organise and control the technical and methodological training of persons involved in the Census,

-      offer technical and methodological help to persons involved in the Census,

-      take over the Census data,

-      select the technology applicable to the entering and processing of data into computers,

-      carry out controls, manual and automatic preparation of the Census data for processing,

-      process Census data,

-      prepare, organise and carry out the Post enumeration survey,

-      prepare the primary and final Census results,

-      publish and disseminate statistical data collected by the Census,

-      take care of the collocation, storage and destruction of the Census data,

-      foresee and allocate funds for the execution of the Census in accordance with this Act,

-      carry out other Census-related tasks.

Article 20

Within the area of their competence the following bodies shall also be involved in the preparation, organisation and execution of the Census:

-      Ministry of Foreign Affairs and European Integrations,

-      Ministry of Interior,

-      Ministry of Defence,

-      Ministry of Justice,

-      State Geodetic Administration.

 

Article 21

The Census shall be carried out on the basis of official data from the Register of localities, which shall be provided by the State geodetic administration as technical documentation for the execution of the Census to the Central Bureau of Statistics, county census committees and the Census committee of the City of Zagreb.

Technical documentation for the execution of the Census shall be drawn up by the State geodetic administration through a committee made up of officers of the office of the State geodetic administration, its local land registry offices and the body responsible for the land registry and geodetic affairs of the City of Zagreb.

Data on localities, streets and street numbers shall reflect the situation recorded on 31 December 2010.

In agreement with the head of the Central Bureau of Statistics, the head of the State geodetic administration shall adopt implementing instructions for the drawing up of the technical documentation for the execution of the Census not later than 30 days from the date of entry into force of this Act.

 

Article 22

Technical documentation referred to in Article 21 of this Act shall consist in the list of localities, descriptive cartographic materials, sketches of statistical and enumeration districts, and PK forms - data on enumeration districts for all localities relevant for the execution of the Census (state - also level 1 statistical localities, level 2 statistical localities, counties and the City of Zagreb - level 3 statistical localities, towns and municipalities, local government units - town districts, town sections and local council areas, settlement, statistical district, census district, street and square, buildings with street numbers).

Article 23

The State geodetic administration shall deliver the lists of localities and descriptive cartographic materials relevant for the Census, as referred to in Article 22 of this Act, to the Central Bureau of Statistics not later than 15 January 2011 in analogue and digital formats.

The State geodetic administration shall deliver the accompanying lists, descriptive cartographic material, sketches of statistical and enumeration districts and PK forms - data on enumeration districts to the county census committees and the Census committee of the City of Zagreb not later than 28 February 2011 through the committee referred to in Article 21 of this Act.

Article 24

In order to ensure that the technical documentation referred to in Article 21 of this Act is updated, the competent bodies shall not modify any names, borders and areas of counties, the City of Zagreb, towns and municipalities, settlements, local government units, statistical and census districts, streets, squares and street numbers in the period between 1 January 2011 and 15 May 2011.

Article 25

The Ministry of Foreign Affairs and European Integrations shall carry out the census of the Croatian citizens working in diplomatic and other offices of the Republic of Croatia and international organisations, as well as the members of their families temporarily residing with them abroad.

Article 26

The Ministry of Interior shall carry out the census of:

-      persons residing in police stations and other premises of the Ministry of Interior,

-      persons attending education institutions residing on the premises of the Ministry of Interior.

Article 27

The Ministry of Defence shall carry out the census of:

-      persons in military service on a voluntary basis,

-      military personnel (active soldiers, reserves and cadets), public servants and officers residing in military facilities,

-      members of the Armed forces of the Republic of Croatia participating in peace operations and other activities abroad.

Article 28

The Ministry of Justice shall carry out the census of persons:

-      serving a jail sentence,

-      serving a sentence in juvenile correctional facilities,

-      serving a misdemeanour jail sentence,

-      serving a fine default sentence,

-      in temporary custody,

-      serving a sentence in a correctional facility.

The Ministry of Justice shall carry out the census of its employees residing in the accommodation facilities of the correctional and detention facilities.

Article 29

The manner of the execution of the Census of persons referred to in Article 25 to 28 of this Act shall be laid down in an Instruction adopted by the head of the Central Bureau of Statistics in agreement with the competent Ministers.

The Census of persons referred to in Article 25 to 28 of this Act shall be carried out by the committees for the execution of the Census appointed by the competent Ministers.

Article 30

For the purpose of the preparation, organisation and execution of the 2011 Census, the following bodies shall be set up:

-      county census committees and the Census committee of the City of Zagreb in the counties and the City of Zagreb respectively,

-      census committees of branch offices in towns and municipalities and in the districts of the City of Zagreb,

-      census centres for towns or municipalities and for the districts of the City of Zagreb.

Article 31

The County census committee and the Census committee of the City of Zagreb shall be set up respectively by the head of the county administration and by the mayor of the City of Zagreb not later than 30 September 2010.

The County census committee and the Census committee of the City of Zagreb shall each consist of not more than 7 members.

The regular members of the Country census committee shall be the head of the county administration, the coordinator referred to in Article 18 of this Act, the head of the local unit of the Central Bureau of Statistics in the county and the head of the local land registry office of the State geodetic administration.

Other members of the County census committee shall be the representatives of the county bodies and offices whose regular activities contribute to a successful execution of the Census.

The head of the County census committee shall be the head of the county administration, while the secretary thereof shall be the head of the local unit of the Central Bureau of Statistics in the county.

The regular members of the Census committee of the City of Zagreb shall be the mayor of the City of Zagreb, the coordinator referred to in Article 18 of this Act, the head of the office responsible for official statistics in the City of Zagreb and the head of the land registry and geodetic affairs office of the City of Zagreb.

Other members of the Census committee of the City of Zagreb shall be the representatives of the bodies and offices of the City of Zagreb whose regular activities contribute to a successful execution of the Census.

The head of the Census committee of the City of Zagreb shall be the mayor of the City of Zagreb, while the secretary thereof shall be the head of the office responsible for official statistics in the City of Zagreb.

 

Article 32

The County census committee shall set up branch offices for the execution of the Census in towns and municipalities on the territory of the concerned county in agreement with the head of the Central Bureau of Statistics not later than 15 November 2010.

The County census committee shall nominate the members of Census committees of branch offices (hereinafter referred to as "Branch office committee).

The Branch office committee shall consist of no more than 5 members.

The head of the Branch office committee shall be the mayor, while other members shall be nominated among heads of municipalities and representatives of offices and expert bodies on the territory of the branch office.

Where a branch office is covering a number of towns and municipalities on the county territory, the head shall be the mayor of the town with the largest population, while other members shall be nominated among mayors, heads of municipalities and representatives of offices and expert bodies on the territory of the branch office.

The Census committee of the City of Zagreb shall set up branch offices for the execution of the Census in the districts of the City of Zagreb in agreement with the head of the Central Bureau of Statistics.

The Census committee of the City of Zagreb shall nominate the members of the Branch office census committees of the City of Zagreb.

The head of a Branch office census committee of the City of Zagreb shall be the president of the city district council, while other members shall be nominated among the representatives of offices and expert bodies of the City of Zagreb.

Instructors shall be involved in the operation of branch offices.

Article 33

The County census committee and the Census committee of the City of Zagreb shall set up Census centres in towns and municipalities and districts of the City of Zagreb respectively not later than 31 January 2011.

One or more Census centres shall be set up for towns and districts of the City of Zagreb, while as a rule one Census centre shall be set up for a municipality.

The Census centre shall be managed by the head of the Census centre appointed by the County census centre or the Census centre of the City of Zagreb, as appropriate.

Article 34

The County census committee and the Census committee of the City of Zagreb shall:

-      propose to the head of the Central Bureau of Statistics the appointment of a controller,

-      appoint the numerators and authorise them to carry out the Census,

-      calculate and pay the compensations to controllers and enumerators for their work,

-      coordinate and control the operation of Branch office census committees,

-      inform the population on the territory under its competence about the Census,

-      provide for the premises for the operation of branch offices and training of persons involved in the execution of the Census, as well as the premises for the storage of Census questionnaires and other census materials,

-      monitor the progress of the preparation and the execution of the Census and take necessary problem-solving actions,

-      monitor the operation of Census centres directly and through branch offices on the territory under its competence,

-      provide for the premises for the collection and storage of census data,

-      produce the preliminary results of the Census for the territory of the concerned county and the City of Zagreb, as appropriate, in accordance with the instructions of the Central Bureau of Statistics,

-      use and allocate funds earmarked for the Census in accordance with this Act and deliver a comprehensive report on the used funds to the Central Bureau of Statistics in accordance with its instructions,

-      carry out other Census-related tasks.

Article 35

The Branch office committee shall:

-      propose to the County census committee or to the Census committee of the City of Zagreb, as appropriate, the appointment of the heads of Census centres, controllers and enumerators,

-      inform the population on the territory under its competence about the Census,

-      take over Census questionnaires and other materials and distribute them to Census centres on the territory under its competence,

-      provide for the premises for the training of controllers and operation of Census centres on the territory under its competence,

-      monitor the work of heads of Census centres,

-      produce the preliminary results of the Census for the territory of the concerned branch office in accordance with the instructions of the Central Bureau of Statistics.

-      carry out other Census-related tasks.

Article 36

The Census centres shall be responsible for the following:

-      training of enumerators,

-      taking over of census questionnaires and other census materials from the Branch office committee,

-      appointment of enumerators according to census districts,

-      meetings of controllers and enumerators,

-      shifts for executing the Census in accordance with Article 9, paragraph 2 of this Act,

-      controls of Census data,

-      taking over of Census data from enumerators,

-      production of the preliminary results of the Census for the territory of the concerned Census centre in accordance with the instructions of the Central Bureau of Statistics.

-      other Census-related tasks.

Article 37

The Central Bureau of Statistics shall publish the preliminary results of the Census not later than 30 June 2011 and the final results of the Census in accordance with the publishing programmes and publishing calendars for statistical data of the Central Bureau of Statistics.

Considering the methodology applied to carry out the Census pursuant to this Act, the official results of the Census shall not serve as a basis for comparison with other state records of the citizens' personal statuses.

Article 38

All persons involved in the Census: enumerators, controllers, instructors and coordinators, heads of Census centres, members of County census committees and of the Census committee of the City of Zagreb, as appropriate, as well as members of Branch office census committees shall adopt the relevant part of the methodology during training, whose duration and content shall be determined by the Central Bureau of Statistics.

 

 

 

V FUNDING OF THE CENSUS

Article 39

The funds required for the financing of the preparation, organisation and execution of the Census, data processing and publishing of the results of the Census shall be earmarked from the state budget for the years 2010, 2011 and 2012.

Article 40

The funds required for the financing of the tasks of the State geodetic administration referred to in Articles 21 and 22 of this Act  shall amount to 13,500,000.00 HRK and shall be allocated for heading 07525 - State geodetic administration as follows:

for 2010 in the amount of 10,000,000.00 HRK,

for 2011 in the amount of 3,500,000.00 HRK.

Article 41

The funds required for the financing of the tasks of the Central Bureau of Statistics in the Census shall, beside the funds referred to in Article 40 of this Act, amount to 161,417,000.00 HRK and shall be allocated as follows:

for 2010 in the amount of 2,120,000.00 HRK,

for 2011 in the amount of 146,079,000.00 HRK.

for 2012 in the amount of 13,218,000.00 HRK.

Article 42

For the execution of tasks in the Census the enumerators and the controllers shall receive a compensation which shall not be considered as revenue used as the basis for the determination of income pursuant to the Natural-person income tax act.

Article 43

The funds for the organisation and the execution of the Census in counties and the City of Zagreb shall be allocated by the head of the Central Bureau of Statistics in accordance with the share of the estimated number of census units in each county and the City of Zagreb in the total estimated number of census units.

Before the completion of the Census 75 % of funds as referred to in paragraph 1 of this Article shall be earmarked in favour of the committee referred to in Article 31 of this Act through the counties and the City of Zagreb.

The remaining 25 % of funds as referred to in paragraph 1 of this Article shall be used for the correction of funds allocated in accordance with the actual number of census units determined on the basis of the preliminary results of the Census.

The final amount of funding shall be allocated to the Committee referred to in Article 31 of this Act not later than 15 July 2011.

The payment of the amounts allocated to the Committee shall be authorised by the head of the Committee and the coordinator of the Central Bureau of Statistics.

The head of the Committee and the coordinator of the Central Bureau of Statistics shall be liable for the legitimacy and the purposeful use of the funding by the Committee.

Article 44

The funds intended for the execution of the Census shall be used in a purposeful and rational manner.

The State geodetic administration shall submit a report to the Croatian Parliament on the work carried out and the amounts spent, as referred to in Article 40 of this Act, not later than 30 April 2011.

The Committee referred to in Article 31 of this Act shall submit a report to the head of the Central Bureau of Statistics on the amounts spent not later than 30 September 2011.

The Central Bureau of Statistics shall submit reports to the Croatian Parliament on the work carried out and the amounts spent for the execution of the Census during the previous year not later than 30 June of the current year, while the final report and accounts are to be submitted not later than 30 June 2013.

 

 

 

VI CRIMINAL LIABILITY

Article 45

A fine of 300.00 to 800.00 HRK shall be imposed to:

1.   persons who refuse to share the information requested by the enumerator or another authorised person conducting the Census, or to persons who give incorrect or incomplete information,

2.   persons who fail to respond to the written notice of the enumerator in accordance with Article 9, paragraph 2 of this Act.

Article 46

A fine of 4,000.00 to 20,000.00 HRK shall be imposed to:

1.   enumerators or other authorised persons conducting the Census who enter information different from those provided by respondent in the Census questionnaire or the Questionnaire for households and dwellings,

2.   enumerators or other authorised persons conducting the Census who fail to respect the provisions of the Act on official statistics with respect to the protection and confidentiality of statistical data,

3.   enumerators or other authorised persons conducting the Census who fail to act in accordance with the provisions of Article 10, paragraph 2 of this Act.

Article 47

A fine of 4,000.00 to 20,000.00 HRK shall be imposed to:

1.   persons who publish personal data received from persons referred to in Article 10 of this Act.

2.   persons who fail to act in accordance with the instruction laid down in Article 50 of this Act.

 

 

 

VII FINAL PROVISIONS

Article 48

The Instruction referred to in Article 29, paragraph 1 of this Act shall be adopted by the head of the Central Bureau of Statistics not later than 60 days from the date of entry into force of this Act.

Article 49

The destruction of Census data shall be carried out after all information is entered into the computers, after the completion of controls and after the basic stage of Census data processing and the extraction of a part of the Census data for the Croatian state archives in accordance with the Instruction of the head of the Central Bureau of Statistics.

The head of the Central Bureau of Statistics shall adopt the Instruction referred to in paragraph 1 of this Article not later than 6 months from the date of entry into force of this Act.

Article 50

This Act shall enter into force on the eight day of its publication in the Official Gazette.

Class: 953-02/10-01/01

 

 

 

Zagreb, 15 July 2010

CROATIAN PARLIAMENT

 

 

President of the Croatian Parliament

Luka BebiŠ