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( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) OJ NO 214 , 24 . 12 . 1964 , P . 3634/64 .

( 3 ) OJ NO L 249 , 10 . 11 . 1971 , P . 52 .

( 4 ) OJ NO L 21 , 25 . 1 . 1974 , P . 2 .

COUNCIL REGULATION ( EEC ) NO 495/78

OF 6 MARCH 1978

RELATING TO THE ORGANIZATION OF A SURVEY OF EARNINGS IN INDUSTRY , WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC 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 BY THE TREATY , IN PARTICULAR THOSE SET OUT IN ARTICLES 2 , 3 , 117 , 118 , 119 , 120 AND 122 THEREOF , THE COMMISSION MUST BE KEPT INFORMED OF THE POSITION AND TREND OF EARNINGS IN THE NINE COUNTRIES OF THE COMMUNITY WITH REGARD , ON THE ONE HAND , TO THEIR VARIATIONS IN TERMS OF THE STRUCTURE OF THE LABOUR FORCE , AND ON THE OTHER HAND TO THE DISTRIBUTION OF EMPLOYEES ACCORDING TO EARNINGS LEVEL ;

WHEREAS THE 1978 SURVEY OF LABOUR COSTS IN INDUSTRY , WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE PROVIDED FOR BY REGULATION ( EEC ) NO 494/78 ( 1 ), WILL SUPPLY ONLY AVERAGES DERIVED FROM GENERAL DATA AND WILL PROVIDE NO INDICATION EITHER OF THE RELATIONSHIP BETWEEN EARNINGS AND THE PARTICULAR CHARACTERISTICS OF EMPLOYEES ( AGE , SEX , OCCUPATIONAL STATUS , LENGTH OF SERVICE , ETC .) OR OF THE DISTRIBUTION OF EARNINGS AROUND THE AVERAGE ;

WHEREAS STATISTICAL INFORMATION IN THIS FIELD IS AVAILABLE ONLY IN CERTAIN MEMBER STATES AND THEREFORE VALID COMPARISONS CANNOT BE MADE AND , CONSEQUENTLY , SURVEYS OF THE STRUCTURE AND DISTRIBUTION OF EARNINGS MUST BE CARRIED OUT ON THE BASIS OF STANDARD DEFINITIONS AND ACCORDING TO A STANDARD METHOD ;

WHEREAS THE BEST METHOD OF ASSESSING THE SITUATION AS REGARDS THE STRUCTURE AND DISTRIBUTION OF EARNINGS IS TO CARRY OUT A SPECIFIC COMMUNITY SURVEY , AS WAS DONE FOR INDUSTRY IN 1966 AND 1972 , PURSUANT TO REGULATIONS NO 188/64/EEC ( 2 ) AND ( EEC ) NO 2395/71 ( 3 ), AND FOR WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE IN 1974 , PURSUANT TO REGULATION ( EEC ) NO 178/74 ( 4 );

WHEREAS , OWING TO THE CHANGES WHICH OCCUR IN THE STRUCTURE OF THE LABOUR FORCE AND IN THE DISTRIBUTION OF EARNINGS , THE RESULTS OF THE LATEST SURVEYS FOR 1972 AND 1974 CANNOT BE CONSIDERED VALID BEYOND A CERTAIN PERIOD ; WHEREAS , CONSEQUENTLY , IT WOULD APPEAR OPPORTUNE TO BRING THESE RESULTS UP TO DATE AND TO CONDUCT A NEW SURVEY BASED ON DATA RELATING TO THE YEAR 1978 OR 1979 ;

WHEREAS , IN ORDER TO RATIONALIZE PROCEDURES AND TO LIGHTEN THE BURDEN ON UNDERTAKINGS AND ON THE BUDGETS OF THE EUROPEAN COMMUNITIES AND OF THE MEMBER STATES , IT IS NECESSARY TO OBTAIN THE REQUIRED INFORMATION BY SAMPLING AND BY MEANS OF A SINGLE SURVEY OF INDUSTRY , WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE COMMISSION SHALL UNDERTAKE A SURVEY OF THE STRUCTURE AND DISTRIBUTION OF THE EARNINGS OF ALL EMPLOYEES ( MANUAL AND NON-MANUAL , INCLUDING ADMINISTRATIVE AND MANAGERIAL STAFF ) IN INDUSTRY , WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE , ON THE BASIS OF STATISTICAL INFORMATION RELATING EITHER TO THE MONTH OF OCTOBER 1978 OR APRIL 1979 OR OCTOBER 1979 , AND TO THE WHOLE OF EITHER 1978 OR 1979 .

ARTICLE 2

THE SURVEYS SHALL COVER UNDERTAKINGS OR ESTABLISHMENTS EMPLOYING AT LEAST 10 PERSONS WHO CARRY ON ACTIVITIES DEFINED IN DIVISIONS 1 , 2 , 3 , 4 AND 5 AND CLASSES 61 , 64/65 , 81 AND 82 OF THE NOMENCLATURE OF ECONOMIC ACTIVITIES IN THE EUROPEAN COMMUNITIES ( NACE ), WITH THE EXCEPTION OF GROUPS 651 , 652 AND 811 AND , FOR IRELAND , CLASS 50 . IN BANKING AND INSURANCE IN LUXEMBOURG , HOWEVER , THE SURVEY SHALL BE CONDUCTED WITHOUT REGARD TO A MINIMUM NUMBER OF EMPLOYEES .

THE SURVEY SHALL BE CARRIED OUT BY SAMPLING .

ARTICLE 3

EMPLOYERS SHALL , IN RESPECT OF THEIR UNDERTAKINGS , ESTABLISHMENTS AND EMPLOYEES INCLUDED IN THE SAMPLE , PROVIDE THE INFORMATION REQUIRED TO DETERMINE THE STRUCTURE AND DISTRIBUTION OF EARNINGS , IN THE MANNER SET OUT HEREINAFTER .

ARTICLE 4

THE SURVEY SHALL OBTAIN INFORMATION FOR EACH EMPLOYEE CONCERNING :

( A ) GROSS EARNINGS FOR THE MONTH OF OCTOBER 1978 , APRIL 1979 OR OCTOBER 1979 , OR AT LEAST FOR ONE COMPLETE PAY PERIOD WITHIN ONE OF THESE MONTHS , INCLUDING THE VARIOUS BONUSES PAID REGULARLY , ADDITIONAL PAYMENTS FOR OVERTIME , NIGHT WORK , WEEK-END WORK AND SHIFT WORK , AND FAMILY ALLOWANCES GRANTED UNDER COLLECTIVE AGREEMENTS OR VOLUNTARILY ;

( B ) THE TOTAL GROSS EARNINGS FOR 1978 OR 1979 ( INCLUDING ADDITIONAL PAYMENTS FOR OVERTIME AND ALL BONUSES AND GRATUITIES ) WITH ANY BONUSES AND GRATUITIES NOT PAID SYSTEMATICALLY WITH THE CURRENT REMUNERATION ( QUARTERLY , HALF-YEARLY , ANNUALLY , ETC .) SPECIFIED SEPARATELY ; HOWEVER , IN THE CASE OF MANUAL WORKERS ONLY , THIS INFORMATION MAY BE REPLACED BY A SIMPLE INDICATION OF THE PERCENTAGE OF GROSS ANNUAL EARNINGS REPRESENTED BY BONUSES AND GRATUITIES NOT PAID SYSTEMATICALLY WITH THE CURRENT REMUNERATION ;

( C ) THE SEX , AGE , OCCUPATIONAL STATUS , LENGTH OF SERVICE IN THE UNDERTAKING , METHOD OF CALCULATING THE EARNINGS , SYSTEM OF REMUNERATION , WORKING SYSTEM , PAYMENT OF WAGES AND SALARIES IN THE CASE OF ABSENCE ;

( D ) THE NUMBER OF HOURS PAID OR THE WEEKLY WORKING HOURS ;

( E ) THE AREA WHERE THE EMPLOYEE WORKS AND THE SIZE OF THE UNDERTAKING OR ESTABLISHMENT WHICH EMPLOYS HIM .

ARTICLE 5

THE INFORMATION SHALL BE GATHERED BY THE STATISTICAL OFFICES OF THE MEMBER STATES BY MEANS OF QUESTIONNAIRES DRAWN UP BY THE COMMISSION IN COOPERATION WITH THESE OFFICES .

THE COMMISSION , IN COOPERATION WITH THE STATISTICAL OFFICES OF THE MEMBER STATES , SHALL DETERMINE THE DETAILED PROCEDURES FOR THE CONDUCT OF THE SURVEY , AND , IN PARTICULAR , THE SAMPLING PLAN . FURTHERMORE , IN THE SAME WAY , IT SHALL LAY DOWN THE STARTING AND CLOSING DATES OF THE SURVEY , THE TIME LIMIT FOR REPLIES TO THE QUESTIONNAIRE AND THE PROCEDURE FOR TRANSMITTING THE SURVEY RESULTS TO THE COMMISSION .

PERSONS REQUIRED TO SUPPLY INFORMATION SHALL REPLY TO THE QUESTIONNAIRE TRUTHFULLY , COMPLETELY , AND WITHIN THE TIME LIMIT SET .

ARTICLE 6

INDIVIDUAL ITEMS OF INFORMATION SUPPLIED FOR PURPOSES OF THE SURVEY SHALL BE USED FOR STATISTICAL PURPOSES ONLY . IT SHALL BE PROHIBITED TO USE THE INFORMATION FOR OTHER PURPOSES , PARTICULARLY FOR TAXATION PURPOSES , OR TO COMMUNICATE IT TO THIRD PARTIES .

MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO AVOID ANY INFRINGEMENT OF :

( A ) THE OBLIGATION TO SUPPLY THE INFORMATION REFERRED TO IN ARTICLE 3 ;

( B ) THE OBLIGATION , UNDER THE FIRST PARAGRAPH OF THIS ARTICLE , TO MAINTAIN CONFIDENTIALITY AS REGARDS THE INFORMATION OBTAINED .

ARTICLE 7

FOR THE CONDUCT OF THE SURVEY , MEMBER STATES SHALL RECEIVE A FLAT-RATE ALLOWANCE PROPORTIONAL TO THE NUMBER OF EMPLOYEES SURVEYED . THIS AMOUNT SHALL BE ENTERED AGAINST THE APPROPRIATIONS PROVIDED FOR THAT PURPOSE IN THE BUDGET OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 6 MARCH 1978 .

FOR THE COUNCIL

THE PRESIDENT

P . DALSAGER