CELEX: 31975R0328
Language: en
Date: 1975-02-10 00:00:00
Title: Regulation (EEC) No 328/75 of the Council of 10 February 1975 relating to the organization of a survey of labour costs in industry

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),
No 151 (4), No 101 /66/EEC (5), (EEC) No 1899/68 (6),              The survey shall cover all establishments or undertak­
(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 .
(') OJ No  41 , 28. 5. 1962, p. 1277/62.                           taking, whatever its legal form, employing not less
(") 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.
 ---pagebreak--- No L 37/2                          Official Journal of the European Communities                             12 . 2 . 75
                        Article 3                                                     Article 6
Employers shall, in respect of their establishments or
the undertakings dependent thereon which are indi­           The statistical services of Member States shall analyse
cated in the sample, supply the information needed to        the replies to the questionnaires. They shall forward to
determine labour costs (manual and non-manual                the Commission the results of the survey, excluding
                                                             individual items of information, in accordance with
workers) and workers' incomes on the basis of the
accounting data for the whole of the year 1975, in the       processing programme laid down by the Commis­
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
    cular employers' contributions to social security         Individual items of information supplied for purposes
    and supplementary schemes, and other social              of the survey shall be used for statistical purposes
    payments, including the cost of vocational training      only. It shall be prohibited to use the information for
    of employees ;                                           taxation purposes, or to communicate it to third
                                                              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
starting and closing dates of the survey and the time         For the conduct of the survey, Member States shall
limit for replying to the questionnaires.                     receive a flat-rate sum proportional to the number of
                                                              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