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COUNCIL REGULATION ( EEC ) NO 1596/81

OF 10 JUNE 1981

RELATING TO THE ORGANIZATION OF A SURVEY OF LABOUR COSTS 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 , AND IN PARTICULAR THOSE SET OUT IN ARTICLES 2 , 3 , 117 , 118 , 120 AND 122 THEREOF , THE COMMISSION MUST BE KEPT INFORMED OF THE POSITION AND TRENDS IN MEMBER STATES AS REGARDS LABOUR COSTS AND EMPLOYEES ' INCOMES ;

WHEREAS STATISTICAL INFORMATION AVAILABLE IN EACH MEMBER STATE DOES NOT PROVIDE A VALID BASIS FOR COMPARISONS , IN PARTICULAR BECAUSE OF THE DIFFERENCES EXISTING BETWEEN THE LAWS , REGULATIONS AND ADMINISTRATIVE PRACTICES OF THE MEMBER STATES ; WHEREAS SURVEYS MUST THEREFORE BE CARRIED OUT AND THE RESULTS PROCESSED ON THE BASIS OF UNIFORM DEFINITIONS AND METHODS ;

WHEREAS THE BEST METHOD OF ASSESSING THE LEVEL , COMPOSITION AND TRENDS BOTH OF LABOUR COSTS AND OF EMPLOYEES ' INCOMES IS TO CARRY OUT SPECIFIC COMMUNITY SURVEYS , AS HAS BEEN DONE SINCE 1959 , PURSUANT TO COUNCIL REGULATIONS NO 10 ( 1 ), NO 14 ( 2 ), NO 28 ( 3 ), NO 151 ( 4 ), NO 101/66/EEC ( 5 ), ( EEC ) NO 1899/68 ( 6 ), ( EEC ) NO 2259/71 ( 7 ), ( EEC ) NO 328/75 ( 8 ) AND ( EEC ) NO 494/78 ( 9 ) ON THE BASIS OF ACCOUNTING DATA FOR 1959 TO 1964 , 1966 , 1969 , 1972 , 1975 AND 1978 IN INDUSTRY , REGULATION NO 100/66/EEC ( 10 ) ON THE BASIS OF DATA FOR 1967 IN ROAD TRANSPORT , AND REGULATIONS ( EEC ) NO 2053/69 ( 11 ), ( EEC ) NO 3192/73 ( 12 ) AND ( EEC ) NO 494/78 ON THE BASIS OF ACCOUNTING DATA FOR 1970 , 1974 AND 1978 IN DISTRIBUTION , BANKING AND INSURANCE ;

WHEREAS , SINCE EXPENDITURE BY UNDERTAKINGS ON WAGES , SALARIES AND RELATED COSTS IS SUBJECT TO SUBSTANTIAL CHANGE , IT IS APPROPRIATE TO CARRY OUT A NEW SURVEY BASED ON ACCOUNTING DATA FOR 1981 IN ORDER TO BRING UP TO DATE THE RESULTS OF THE PREVIOUS SURVEYS , BASED ON ACCOUNTING DATA FOR 1978 IN INDUSTRY , DISTRIBUTION , BANKING AND INSURANCE ;

WHEREAS , IN VIEW OF THE SCOPE OF THE SURVEY IT IS NECESSARY TO PROCEED ON THE BASIS OF SAMPLING , SO THAT THE SURVEY DOES NOT PROVE TOO HEAVY A BURDEN ON UNDERTAKINGS AND ON THE BUDGETS OF THE EUROPEAN COMMUNITIES AND OF THE MEMBER STATES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

WITHIN THE FRAMEWORK OF ITS PERIODIC SURVEYS ON LABOUR COSTS AND EMPLOYEES ' INCOMES , THE COMMISSION SHALL UNDERTAKE IN 1982 , ON THE BASIS OF ACCOUNTING DATA FOR 1981 , A SURVEY OF LABOUR COSTS ( MANUAL AND NON-MANUAL WORKERS ) AND OF EMPLOYEES ' INCOMES IN INDUSTRY , WHOLESALE AND RETAIL DISTRIBUTION , BANKING AND INSURANCE .

ARTICLE 2

THE SURVEY SHALL COVER UNDERTAKINGS AND 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 AS WELL AS , FOR GREECE , CLASSES 50 , 61 , 64/65 , 81 AND 82 . 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 AND ESTABLISHMENTS WHICH ARE INCLUDED IN THE SAMPLE , PROVIDE THE INFORMATION NEEDED TO DETERMINE LABOUR COSTS ( MANUAL AND NON-MANUAL WORKERS ) AND EMPLOYEES ' INCOMES ON THE BASIS OF THE ACCOUNTING DATA FOR THE WHOLE OF 1981 , IN THE MANNER SET OUT HEREINAFTER .

ARTICLE 4

THE SURVEY SHALL COVER :

( A ) COSTS OF WAGES AND SALARIES , INCLUDING BONUSES AND ALLOWANCES , AND ALL INCIDENTAL EXPENDITURE , IN PARTICULAR EMPLOYERS ' CONTRIBUTIONS TO SOCIAL SECURITY AND SUPPLEMENTARY SCHEMES , AND OTHER SOCIAL PAYMENTS , INCLUDING THE COST OF VOCATIONAL TRAINING OF EMPLOYEES , AND ANY TAXES OR SUBSIDIES DIRECTLY RELATED TO LABOUR COSTS ;

( B ) THE NUMBER OF EMPLOYEES ENGAGED IN THE UNDERTAKINGS OR ESTABLISHMENTS ;

( C ) THE LENGTH OF TIME WORKED .

ARTICLE 5

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

THE COMMISSION SHALL , IN COOPERATION WITH THOSE OFFICES , DETERMINE THE TECHNICAL PROCEDURES RELATING TO THE SURVEY . FURTHER , IT SHALL LAY DOWN IN THE SAME WAY THE STARTING AND CLOSING DATES OF THE SURVEY AND THE TIME LIMIT FOR REPLYING TO THE QUESTIONNAIRES .

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

ARTICLE 6

THE STATISTICAL OFFICES OF THE MEMBER STATES SHALL ANALYZE THE REPLIES TO THE QUESTIONNAIRES . THEY SHALL FORWARD TO THE COMMISSION THE RESULTS OF THE SURVEY , EXCLUDING INDIVIDUAL ITEMS OF INFORMATION , IN ACCORDANCE WITH THE PROCESSING PROGRAMME LAID DOWN BY THE COMMISSION ; THE RESULTS SHALL BE BROKEN DOWN BY SECTORS OF ACTIVITY AND , IF SO REQUIRED , BY REGION AND SIZE CATEGORY OF THE UNDERTAKINGS OR ESTABLISHMENTS .

ARTICLE 7

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

MEMBER STATES SHALL TAKE APPROPRIATE MEASURES AGAINST ANY INFRINGENT OF :

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

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

ARTICLE 8

FOR THE CONDUCT OF THE SURVEY , MEMBER STATES SHALL RECEIVE A FLAT-RATE SUM PROPORTIONAL TO THE NUMBER OF UNDERTAKINGS OR ESTABLISHMENTS SURVEYED . THIS AMOUNT SHALL BE ENTERED AGAINST APPROPRIATIONS PROVIDED FOR THIS 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 LUXEMBOURG , 10 JUNE 1981 .

FOR THE COUNCIL

THE PRESIDENT

W . ALBEDA