
Article 1 
This Regulation establishes minimum standards for the treatment of seasonal products in order to improve the comparability, reliability and relevance of the Harmonised Indices of Consumer Prices (HICPs).
Article 2 
For the purpose of this Regulation, the following definitions shall apply:

1.. ‘seasonal products’ means those goods and services that are not available for purchase, or purchased in small or negligible volumes, for certain periods in a typical annual cyclical pattern. The in-season period is meant to cover at least one month;
2.. ‘subdivision of COICOP/HICP’ means COICOP/HICP class in the case of goods and services in a COICOP/HICP class, and COICOP/HICP group for groups that are not subdivided into classes according to the harmonised COICOP/HICP classification as laid down in Regulation 1749/1999 of 23 July 1999 amending Regulation (EC) No 2214/96, concerning the subindices of the harmonised indices of consumer prices;
3.. ‘counter-seasonal estimation’ means the estimation of a price for a product-offer of a product that is out-of-season so that:

— in the first month of the out-of-season period, the estimated price is equal to a typical price observed in the previous in-season period, and,
— from the second month, the estimated price is equal to the estimated price for the preceding month, adjusted by the change in observed prices on average over all seasonal products that are in-season in the same subdivision of COICOP/HICP,
4.. ‘all-seasonal estimation’ means the estimation of a price for a product-offer of a product that is out-of-season so that:

— in the first month of the out-of-season period, the estimated price is equal to a typical price observed in the previous in-season period, and,
— from the second month, the estimated price is equal to the estimated price for the preceding month, adjusted by the change in observed prices on average over all available products in the same subdivision of COICOP/HICP,
5.. ‘strict annual weights index’ means a price index using weightings that do not differ between months within the same year at all levels of index calculation;
6.. ‘class-confined seasonal weights index’ means a price index using weightings that within the same year:

— do not differ between months for any COICOP/HICP subdivision taken as a whole,
— do not differ between months for products within any COICOP/HICP subdivision that does not contain any seasonal product,
— within the in-season period do not differ between months for products within any COICOP/HICP subdivision that contains seasonal products, except to the extent that it is necessary to allow for month-on-month changes in the composition of the basket,
Article 3 

1. The minimum standards shall apply to seasonal products within the following COICOP/HICP classes and groups:01.1.3Fish01.1.6Fruit01.1.7Vegetables03,1Clothing03,2Footwear
2. Where appropriate, the minimum standards shall serve as guidance also concerning seasonal products within COICOP/HICP classes and groups other than those listed in the first paragraph.
Article 4 

1. In any given month, seasonal products shall be deemed to be either in-season or out-of-season. In-season periods may vary from one year to another.
2. An HICP sub-index at elementary product group level shall be a strict annual weights index or a class-confined seasonal weights index.
3. For an HICP that is a strict annual weights index, estimated prices shall be used for seasonal products that are out-of-season, in accordance with Article 6(1)(b) of Regulation (EC) No 1749/96.
4. For an HICP that is a strict annual weights index, an estimated price for a product-offer of a seasonal product that is out-of-season shall be defined either by counter-seasonal estimation or by all-seasonal estimation. Hereby counter-seasonal estimation shall be preferred where the Member State deems it feasible with respect to the availability of observed prices, as may be likely for clothing and footwear. Where counter-seasonal estimation is not deemed feasible, all-seasonal estimation shall be used.
5. For an HICP that is a class-confined seasonal weights index, a seasonal product that is out-of-season shall have a weight of zero.
6. For an HICP that is a strict annual weights index, estimations may also be performed at a more detailed level than the subdivision of COICOP/HICP, such as for strata if a stratified sample is being used. For an HICP that is a class confined seasonal weights index, seasonal weights may also be established at a more detailed level.
7. Changes in prices of seasonal products for which the share of the total consumption expenditure, covered by the HICP, during a typical in-season period is likely to be at least two parts per thousand shall be reflected in the HICP.
8. The weights for seasonal products shall be compiled and updated as necessary in accordance with Articles 2 and 3 of Regulation (EC) No 2454/97. The indices used for the annual price updating of weights, where the index computation so requires, shall refer to the average prices of the month used for updating.
Article 5 
HICPs constructed following standards other than those required in Article 4 of this Regulation shall be deemed comparable if they result in indices which do not differ systematically from an index compiled following the provisions of this Regulation by more than:

((a)) one tenth of one percentage point on average over one year against the previous year for the all-items HICP;
((b)) three, four or five tenths of a percentage point on average over one year against the previous year for any COICOP/HICP division, group or class;
((c)) one tenth of one percentage point on average for an individual month against the previous month of the all-items HICP.
Article 6 
The changes deriving from this Regulation, and in particular Article 4 thereof, shall be applied from December 2010 and take effect with the index for January 2011.
Article 7 
This Regulation shall enter into force on the 20th day following 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, 22 April 2009.
For the Commission
Joaquín ALMUNIA
Member of the Commission