1999R0530 — EN — 20.11.2003 — 001.001 — 1
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►B COUNCILREGULATION(EC)No530/1999
of9March1999
concerningstructuralstatisticsonearningsandonlabourcosts
(OJ L 63, 12.3.1999, p. 6)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
▼B
COUNCILREGULATION(EC)No530/1999
of9March1999
concerningstructuralstatisticsonearningsandonlabourcosts
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 213 thereof,
Having regard to the draft Regulation submitted by the Commission,Whereas, in order to carry out the tasks assigned to it, the Commission
should be kept informed of the level and composition of labour costs
and of the structure and distribution of earnings in the Member States;
Whereas the development of the Community and the operation of the
internal market increase the need for comparable data on the level andcomposition of labour costs and on the structure and distribution of
earnings, particularly as a means of analysing the progress of economic
and social cohesion and for establishing reliable and relevant compari-sons between the Member States and the regions of the Community;
Whereas the best method of assessing the situation as regards labour
costs and earnings is to compile Community statistics using harmonised
methods and definitions as has been done on earlier occasions, most
recently for 1996 in the case of the level and composition of labourcosts pursuant to Regulation (EC) No 23/97 (
1) and for 1995 in the
case of the structure and distribution of earnings pursuant to Regulation(EC) No 2744/95 (
2);
Whereas, to reflect changes taking place in the structure of the labour
force, in the distribution of earnings, and in the composition of expen-diture by enterprises on wages and related employers' contributions, thestatistics need to be regularly updated;
Whereas, pursuant to Regulation (EC) No 2223/96 (
3) the European
System of National and Regional Accounts in the European Commu-nity (ESA-95) is the term of reference for standards, definitions andaccounting practices in the Member States in order to meet theCommunity needs; whereas this necessitates the establishment of
complete, reliable and comparable statistical sources at national and
regional level; whereas the levels of breakdown to be applied to thevariables are limited to what is necessary to ensure comparability withprevious statistics and compatibility withnational accounts require-ments;
Whereas the European Central Bank (ECB) needs information on the
level and composition of labour costs and on the structure and distribu-tion of earnings in order to assess the economic development in theMember States in the context of a single European monetary policy;
Whereas statistical information in this field is available only in certain
Member States and valid comparisons cannot therefore be made;whereas Community statistics should consequently be produced andthe results processed on the basis of common definitions and harmo-nised methodologies, taking into account the standards approved byrelevant international organisations;
Whereas presently not all Member States collect complete data in
sections M (Education), N (Healthand social work) and O (Oth erCommunity, social and personal service activities); whereas it is there-fore appropriate to decide on their possible inclusion in the scope of
this Regulation in the light of a report to be submitted by the Commis-
sion on the basis of pilot studies on the feasibility of collectingcomplete data in these sectors;1999R0530 — EN — 20.11.2003 — 001.001 — 2
(1) OJ L 6, 10. 1. 1997, p. 1.
(2) OJ L 287, 30. 11. 1995, p. 3.
(3) OJ L 310, 30. 11. 1996, p. 1. Regulation as amended by Regulation (EC)
No 448/98 (OJ L 58, 27. 2. 1998, p. 1).
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Whereas although the importance of complete data of all segments of
the economy should be fully recognised, it should be carefully weighedagainst the reporting possibilities and the response burden in specific
areas, in particular in relation to small and medium-sized enterprises
(SMEs); whereas it is therefore appropriate for the Commission tocarry out pilot studies on the feasibility of collecting complete datafrom statistical units with less than ten employees and that the Councildecides on this matter in the light of a report to be submitted by the
Commission, within four years of the entry into force of this Regula-
tion; whereas the use of administrative records may be helpful in themeanwhile and should be encouraged;
Whereas, in accordance with the principle of subsidiarity, the creation
of common statistical standards enabling harmonised information to be
produced is a proposed action the objectives of which can, by reason ofits scale or effects be better achieved by the Community; whereas thesestandards will be implemented in each Member State on the authorityof the agencies and institutions appointed to compile Community statis-tics;
Whereas it seems appropriate to make provisions for exceptions for
certain Member States, in order to take account of particular technicaldifficulties encountered by suchStates in th e collection of certain typesof information, provided that the quality of the statistical information is
not seriously affected;
Whereas the production of specific Community statistics is governed
by the rules set out in Council Regulation (EC) No 322/97 of 17February 1997 on Community Statistics (
1);
Whereas the Statistical Programme Committee established by Decision
89/382/EEC, Euratom (2) has been consulted in accordance with Article
3 of the aforesaid Decision,
HAS ADOPTED THIS REGULATION:
Article 1
General provisions
The national authorities and Eurostat shall produce Community statis-
tics on the level and composition of labour costs and on the structureand distribution of employees' earnings, in the economic activitiesdefined in Article 3.
Article 2
Reference period
1. The statistics on the level and composition of labour costs shall
be produced for the calendar year 2000 and at four-yearly intervals
thereafter.
2. The statistics on the structure and distribution of earnings shall be
produced for the calendar year 2002 and for a representative month in
that year, and at four-yearly intervals thereafter.
Article 3
Scope
1. The statistics shall cover all economic activities defined in
sections C (Mining and quarrying), D (Manufacturing), E (Electricity,gas and water supply), F (Construction), G (Wholesale and retail trade;repair of motor vehicles, motorcycles and personal and household
goods), H (Hotels and restaurants), I (Transport, storage and communi-
cations), J (Financial intermediation), K (Real estate, renting andbusiness activities), M (Education), N (Healthand social work) and1999R0530 — EN — 20.11.2003 — 001.001 — 3
(1) OJ L 52, 22. 2. 1997, p. 1.
(2) OJ L 181, 28. 6. 1989, p. 47.
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section O (Other community, social and personal service activities) of
the general industrial classification of economic activities in theEuropean Community, hereinafter referred to as ‘NACE Rev. 1’ estab-
lished by Regulation (EEC) No 3037/90 of 9 October 1990 on the
statistical classification of economic activities in the European Commu-nity (
1).
2. The inclusion of economic activities defined in sections M
(Education), N (Healthand social work) and O (Oth er Community,
social and personal service activities) of NACE Rev. 1 in the scope ofthis Regulation shall be optional for the reference years 2000 and 2002.They may also be made optional for the subsequent years in accor-dance with the procedure set out in Article 12, taking into account the
results of pilot studies in this area, in particular those under Council
Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerningstructural business statistics (
2).
Article 4
Taking into account the views of the Statistical Programme Committee,
the Commission shall, within four years of the date of entry into forceof this Regulation, compile a report taking into account the results ofpilot studies, in particular, on the basis of existing sources in the areaof statistical units with less than ten employees, and submit it to the
Council. The report shall assess the application of the provisions of
this Regulation relating to units with less than ten employees. Thereport shall weigh the importance of complete data against thereporting possibilities and the response burden. Following this reportthe Commission may, if necessary, submit appropriate initiatives tothe Council for the amendment of this Regulation.
Article 5
Statisticalunits
The compilation of the statistics shall be based on local units and enter-
prises as defined in Council Regulation (EEC) No 696/93 of 15 March1993 on the statistical units for the observation and analysis of theproduction system in the Community (
3).
Article 6
Characteristics oftherequiredinformation
1. In the case of statistics on the level and composition of labour
costs, information shall be provided at least on:
(a) the following characteristics relating to the local unit:
— the region (at NUTS 1 level),
— the size of the enterprise to which the local unit belongs (classi-
fied as one of the following: 10-49, 50-249, 250-499, 500-999,1 000 or more employees),
— the economic activity (at the division level of NACE Rev. 1);
(b) the following variables:
— total annual labour costs, distinguishing wages and salaries
(broken down into direct remuneration and bonuses, payments
to employees' savings schemes, payment for days not workedand wages and salaries in kind), the employer's social contribu-tions, (broken down into actual and imputed socialcontributions), vocational training costs, other expenditure andtaxes, and also subsidies directly related to labour costs,
— the average annual number of employees, distinguishing full-
time employees, part-time employees, and apprentices,1999R0530 — EN — 20.11.2003 — 001.001 — 4
(1) OJ L 293, 24. 10. 1990, p. 1. Regulation as amended by Regulation (EEC)
No 761/93 (OJ L 83, 3. 4. 1993, p. 1).
(2) OJ L 14, 17. 1. 1997, p. 1.
(3) OJ L 76, 30. 3. 1993, p. 1.
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— the annual number of hours worked and the annual number of
hours paid, in each case distinguishing full-time employees,part-time employees, and apprentices.
2. In the case of statistics on the structure and distribution of earn-
ings, information shall be provided at least on:
(a) the following characteristics relating to the local unit to which the
sampled employees are attached:
— the region (at NUTS 1 level),
— the size of the enterprise to which the local unit belongs (classi-
fied as one of the following: 10-49, 50-249, 250-499, 500-999,1 000 or more employees),
— the economic activity (at the devision level of NACE Rev. 1),— the form of economic and financial control within the meaning
of Commission Directive 80/723/EEC of 25 June 1980 on thetransparency of financial relations between Member States andpublic undertakings (
1),
— the type of collective pay agreement in force;
(b) the following characteristics relating to each employee in the
sample:
— sex,
— age,— occupation classified according to the International Standard
Classification of Occupations,
— highest completed level of education and training,
— lengthof service in th e enterprise,
— whether full time or part time,— type of employment contract,
(c) the following details of earnings:
— gross earnings for a representative month(distinguish ing sepa-
rately earnings related to overtime and special payments forshift work),
— gross annual earnings in the reference year (distinguishing sepa-
rately bonuses paid irregularly),
— working-time (the number of hours paid in a standard working
month, the number of overtime hours paid in the month and theannual leave entitlement).
Article 7
Datacollection
1. Surveys shall be carried out through the appropriate national
authorities, which shall draw up the appropriate methods for collectingthe information, taking into account the response burdens, notably on
SMEs.
2. Employers and other persons required to supply information shall
reply to the questions completely and within the time limits set. TheMember States shall take appropriate measures to avoid infringementof the obligation to supply the information referred to in Article 6.
3. In order to reduce the burden on enterprises, particularly on
SMEs, surveys need not be carried out if the national authorities haveinformation from other appropriate sources or are able to produce esti-
mates of necessary data using statistical estimation procedures where
some or all of the characteristics have not been observed for all theunits for which the statistics are to be compiled.1999R0530 — EN — 20.11.2003 — 001.001 — 5
(1) OJ L 195, 29. 7. 180, p. 35. Directive as last amended by Directive 93/84/
EEC (OJ L 254, 12. 10. 1993, p. 16).
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Article 8
Processingofresults
The national authorities shall process the replies to the questions
referred to in Article 7(2) or the information from other sources, as
referred to in Article 7(3), so as to obtain comparable results.
Article 9
Forwardingofresults
The results shall be forwarded to Eurostat within a period of 18 months
from the end of the reference year.
Article 10
Quality
1. The national authorities shall ensure that the results reflect the
true situation of the total population of units with a sufficient degreeof representativity.
2. The national authorities shall forward to Eurostat at its request
after eachreference period a report containing all relevant informationrelating to the implementation of the Regulation in the Member Stateconcerned, to enable the quality of the statistics to be evaluated.
Article 11
Implementationmeasures
The measures necessary for the implementation of this Regulation,
including measures to take account of economic and technical changes,and in particular:
(i) the treatment of economic activities defined in sections M, N and
O of NACE Rev. 1 (Article 3(2));
(ii) the definition and breakdown of the information to be provided
(Article 6);
(iii) the appropriate technical format for the transmission of the results
(Article 9);
(iv) quality evaluation criteria (Article 10);
(v) derogations, in duly justified cases, for periods 2004 and 2006,
respectively (Article 13(2)),
shall be laid down for each reference period at least nine months before
the beginning of the reference period, in accordance with the procedure
set out in Article 12.
Article 12
1. The Commission shall be assisted by the Statistical Programme
Committee, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.1999R0530 — EN — 20.11.2003 — 001.001 — 6
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Article 13
Derogations
1. Derogations from the provisions of Articles 2, 3 and 6 for the
reference years 2000 and 2002 are set out in the Annex.
2. For the years 2004 and 2006, respectively, derogations from Arti-
cles 3 and 6 may be decided insofar as the national statistical system
requires major adaptations, in accordance withth e procedure set outin Article 12.
Article 14
Entryintoforce
This Regulation shall enter into force on the twentieth day following
that of its publication in the Official Journal of the European Commu-
nities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1999R0530 — EN — 20.11.2003 — 001.001 — 7
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ANNEX
DEROGATIONS
I.DerogationsfromArticle2
1. Germany: the first statistics on the structure and distribution of earnings
under this Regulation shall be produced for the reference year 2001
instead of 2002. Subsequent statistics on the structure and distribution
of earnings shall be produced for the reference year 2006 and at four-
yearly intervals thereafter.
2. France, Germany, Ireland, Sweden, and the United Kingdom: the statis-
tics for the reference years 2000 and 2002 may refer to the financial year
most closely corresponding to these calendar years, but this will not
affect the deadlines for forwarding the data referred to in Article 9.
II.DerogationsfromArticle3
1. Germany: the economic activities defined in sections H (Hotels and
restaurants), I (Transport, storage and communications) and K (Real
estate, renting and business activities) of NACE Rev. 1 shall be optional
for the reference years 2000 and 2001.
2. Ireland: the economic activities defined in section H (Hotels and restau-
rants) shall be optional for the reference year 2000.
3. Ireland: the economic activities defined in sections I (Transport, storage
and communications), division 67 of section J and section K (Real estate,
renting and business activities) of NACE Rev. 1 shall be optional for the
reference year 2002.
III.DerogationsfromArticle6
1. Austria, Belgium, Italy and the Netherlands: for the reference years 2000
and 2002, the characteristics referred to in Article 6 may refer to the
enterprise instead of the local unit.
2. Italy: for the reference year 2000 the characteristics referred to in Article
6(1)(b): payments to employees' savings schemes, other expenditures and
taxes paid and also subsidies received by the employer shall be optional.1999R0530 — EN — 20.11.2003 — 001.001 — 8