31974R0178

No L 21 / 2 Official Journal of the European Communities 25 . 1 . 74

REGULATION ( EEC) No 178 / 74 OF THE COUNCIL

of 21 January 1974

on the organization of a survey of earnings in wholesale and retail distribution , banking and insurance

THE COUNCIL OF THE EUROPEAN too great a burden on the undertakings and the COMMUNITIES , budget of the European Communities ,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 HAS ADOPTED THIS REGULATION : thereof ;

Having regard to the draft Regulation submitted by Article 1 the Commission ;

The Commission shall undertake a survey of the struc­ Whereas, in order to carry out the tasks assigned to it ture and distribution of earnings of all employees by the Treaty, and in particular, those set out in Arti­ ( manual and non-manual including administrative cles 2, 3 , 117, 118 , 119 , 120 and 122 thereof, the and managerial staff) in wholesale and retail distribu­ Commission must be kept informed of the position tion , banking and insurance, on the basis of statistical and trend of earnings in the nine countries of the information relating to one month in 1974, preferably Community, with regard to, on the one hand their October, and to the whole of 1-974 . variations in terms of the structure of the labour force , and on the other hand the distribution of employees according to earnings level ; Article 2

Whereas the survey of labour costs which was made in The survey shall include all undertakings employing implementation of Regulation (EEC) No 2053 /69 (>), 10 or more employees of which the main activities are on the basis of statistical information relating to the within scope of Divisions 61 , 64/65, 81 and 82 of the year 1970, was only able to supply averages derived Nomenclature of Economic Activities in the Euro­ from general data and could give no indication of the pean Communities ( NACE), with the exception of relationship between earnings and personal characteris­ Groups 651 , 652 and 811 . tics of wage earners (age, sex, professional occupations, qualifications, length of service etc .) nor on the distri­ The survey shall be carried out on a sampling basis . bution of earnings around the average ; Employers shall provide for the undertakings and Whereas statistical information in this field is only employees in the sample the information required to available in some Member States and therefore valid determine the structure and distribution of earnings . comparisons cannot be made and surveys of the struc­ ture and distribution of earnings are carried out on the basis of standard definitions and according to a Article 3 standard method ; The survey shall obtain information for each Whereas the best method of assessing the situation as employee on : regards the structure and distribution of earnings is to 1 . gross earnings for one month of 1974, preferably carry out this specific Community survey as was done for industry in 1966 and 1972, in implementation of October, including the various bonuses paid regu­ larly and extra pay for overtime , night work and Regulation No 1 88 / 64/ EEC (2) and ( EEC) No 2395/74 (3) ; week-end work and family allowances granted according to collective agreements or voluntarily ; Whereas it is important to obtain a complete picture 2. the total gross earnings for 1974, including over­ of the structure and distribution of earnings for all the time pay, bonuses and gratuities ; furthermore total employees ( manual and non-manual ) and for all bonuses and gratuities which are not paid systemati­ branches of the wholesale and retail distribution , cally with the current remuneration (quarterly, half banking and insurance ; whereas it seems to be neces­ yearly and annually etc .) shall be specified separa­ sary, because of its nature , to carry out this investiga­ tely ; tion by means of sampling so that it does not become

3 . the sex , age, occupational status , length of service (>) OJ No L 263 , 21 . 10 . 1969 , p. 8 . (2) OJ No 214, 24. 12 . 1964, p . 3634/ 64 . in the company, system of remuneration , working (3) OJ No L 249, 10 . 11 . 1971 , p . 52 . system , payment of wages in the case of absence

25 . 1 . 74 Official Journal of the European Communities No L 21 / 3

4 . weekly working hours ; Article 5

5. the area where the employee works and the size of Individual items of information supplied for purposes the undertaking which employs him . of the survey shall be used for statistical purposes only. It shall be prohibited to use the information for Article 4 taxation purposes, or to communicate it to third parties . The information shall be gathered by the statistical offices of the Member States by means of ques­ Member States shall take appropriate measures to tionnaires drawn up by the Commission in collabora­ avoid any infringement of : tion with these offices . (a) the obligation to supply the information referred to in the second subparagraph of Article 2 ; The Commission shall in cooperation with the statis­ tical offices of the Member States determine the (b) the obligation, under the first paragraph of this detailed procedure for the survey, and in particular, Article, to maintain secrecy as regards the informa­ tion obtained . the sampling plan . Furthermore , it shall lay down in the same way the starting and closing dates of the survey and the time limit for sending the results of Article 6 the survey to the Commission . The expenditure incurred by Member States in Persons required to supply information shall reply to connection with the survey shall be entered against the questionnaires truthfully, fully, and within the appropriations provided for that purpose in the time limit set . budget of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 21 January 1974 .

For the Council

The President

J. ERTL