31975R0328

12. 2. 75 Official Journal of the European Communities No L 37/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC) No 328/75 OF THE COUNCIL of 10 February 1975 relating to the organization of a survey of labour costs in industry

THE COUNCIL OF THE EUROPEAN substantial change, it is appropriate to carry out a new COMMUNITIES, survey based on accounting data for the year 1975 in order to bring up to date the results of the previous survey, based on data for the year 1972 or 1973 ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 ; Whereas in view of the extensiveness of the survey field it is necessary to apply sampling methods so that Having regard to the draft Regulation submitted by the survey does not constitute too heavy a burden on the Commission ; undertakings and on the budget of the European Communities and the Member States, Whereas, in order to accomplish the tasks assigned to it by the Treaty, in particular in Articles 2, 3, 117, 118, 120 and 122 thereof, the Commission must be kept informed of the position and trends in the nine Community countries, as regards labour costs and HAS ADOPTED THIS REGULATION : workers' incomes ;

Whereas statistical information available in each Article 1 Member State does not provide a valid basis for comparisons, in particular because of the differences existing between the laws, regulations and administra­ Within the framework of its periodic surveys on tive practices of the Member States ; and whereas labour costs and workers' incomes, the Commission surveys must therefore be carried out and the results shall undertake in 1976, on the basis of accounting processed on the basis of uniform definitions and data for the year 1975, a survey on labour costs methods ; (manual and non-manual workers) and on workers' incomes in industry.

Whereas the best method of assessing the level, composition and trends of both labour costs and of workers' incomes is to carry out specific Community Article 2 surveys, as has been done since 1959, pursuant to Council Regulations No 10 ( 1 ), No 14 (2), No 28 (3), The survey shall cover all establishments or undertak­ No 151 (4), No 101 /66/EEC (5), (EEC) No 1899/68 (6), (EEC) No 2259/71 (7), on the basis of accounting data ings in industry, and where appropriate, small craft for the years 1959 to 1964, 1966, 1969 and 1972 ; industry. It shall cover all industrial activities, including energy and water, building and civil engi­ neering, excluding building and civil engineering in Whereas, since expenditure by establishment undertak­ Ireland. The scope of the survey shall be restricted to ings on wages, salaries and related costs is subject to Divisions 1 to 5 of the Nomenclature of Economic Activities in the European Communities ( NACE). The ( ] ) OJ No 56, 31 . 8 . 1960, p. 1199/60 . statistical unit shall be the establishment or under­ (2) OJ No 55, 16. 8 . 1961 , p. 1054/61 . taking, whatever its legal form, employing not less (') OJ No 41 , 28 . 5. 1962, p. 1277/62. (") OJ No 133, 13 . 12. 1962, p. 2841 /62. than 10 employees. 5) OJ No 134, 22. 7. 1966, p. 2540/66. (6) OJ No L 289, 29 . 11 . 1968 , p. 4. 7) OJ No L 238 , 23 . 10 . 1971 , p. 1 . The survey shall be carried out by means of sampling.

No L 37/2 Official Journal of the European Communities 12 . 2 . 75

Article3¶

Employers shall, in respect of their establishments or The statistical services of Member States shall analyse the undertakings dependent thereon which are indi­ the replies to the questionnaires . They shall forward to cated in the sample, supply the information needed to the Commission the results of the survey, excluding determine labour costs (manual and non-manual individual items of information , in accordance with workers) and workers' incomes on the basis of the processing programme laid down by the Commis­ accounting data for the whole of the year 1975, in the manner set out hereafter. sion ; the results shall be broken down by industrial sector, region and size category of establishment or undertaking. Article 4

The survey shall cover : Article 7 (a) costs of wages and salaries, including bonuses and allowances, and all incidental expenditure, in parti­ Individual items of information supplied for purposes cular employers' contributions to social security of the survey shall be used for statistical purposes and supplementary schemes, and other social only. It shall be prohibited to use the information for payments, including the cost of vocational training taxation purposes, or to communicate it to third of employees ; parties. (b) the number of employees engaged in the establish­ ments or undertakings ; Member States shall take appropriate measures to (c) the length of time worked by employees . avoid any infringement of :

Article 5 (a) the obligation to supply the information referred to in Article 3 , and The information shall be collected by the statistical offices of the Member States by means of a question­ (b) the obligation, under the first paragraph , to main­ naire drawn up by the Commission in cooperation tain secrecy as regards the information obtained . with these offices .

The Commission shall, in cooperation with these Article 8 offices, determine the detailed procedure for the survey. Further, it shall lay down in the same way the For the conduct of the survey, Member States shall starting and closing dates of the survey and the time receive a flat-rate sum proportional to the number of limit for replying to the questionnaires . establishments or undertakings surveyed . This amount Persons required to supply information shall reply to shall be entered against appropriations provided for the questionnaires truthfully, fully and within the this purpose in the budget of the European Communi­ time limit set . ties .

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

Done at Brussels, 10 February 1975 .

For the Council

The President

G. FITZGERALD