CELEX: 31974R0178
Language: en
Date: 1974-01-21 00:00:00
Title: 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

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
cles 2, 3 , 117, 118 , 119 , 120 and 122 thereof, the
                                                                  (manual and non-manual including administrative
                                                                  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
  carry out this specific Community survey as was done              1 . gross earnings for one month of 1974, preferably
  for industry in 1966 and 1972, in implementation of                   October, including the various bonuses paid regu­
  Regulation No 1 88 / 64/ EEC (2) and ( EEC) No                        larly and extra pay for overtime, night work and
  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
  of the structure and distribution of earnings for all the        2. the total gross earnings for 1974, including over­
  employees (manual and non-manual ) and for all                        time pay, bonuses and gratuities ; furthermore total
  branches of the wholesale and retail distribution ,                   bonuses and gratuities which are not paid systemati­
  banking and insurance ; whereas it seems to be neces­                 cally with the current remuneration (quarterly, half
  sary, because of its nature, to carry out this investiga­             yearly and annually etc .) shall be specified separa­
  tion by means of sampling so that it does not become                  tely ;
  (>) OJ No L 263 , 21 . 10 . 1969 , p. 8 .                         3 . the sex, age, occupational status, length of service
  (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
 ---pagebreak--- 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
The Commission shall in cooperation with the statis­            to in the second subparagraph of Article 2 ;
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