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 and composition 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 comparisons 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 labour costs pursuant to Regulation (EC) No
23/97 and for 1995 in the case of the structure and distribution of earnings
pursuant to Regulation (EC) No 2744/95;
Whereas, to reflect changes taking place in the structure of the labour force,
in the distribution of earnings, and in the composition of expenditure by
enterprises on wages and related employers' contributions, the statistics need
to be regularly updated;
Whereas, pursuant to Regulation (EC) No 2223/96 the European System of
National and Regional Accounts in the European Community (ESA-95) is the term of
reference for standards, definitions and accounting practices in the Member
States in order to meet the Community 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
the variables are limited to what is necessary to ensure comparability with
previous statistics and compatibility with national accounts requirements;
Whereas the European Central Bank (ECB) needs information on the level and
composition of labour costs and on the structure and distribution of earnings in
order to assess the economic development in the Member 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 and the results processed on the
basis of common definitions and harmonised methodologies, taking into account
the standards approved by relevant international organisations;
Whereas presently not all Member States collect complete data in sections M
(Education), N (Health and social work) and O (Other Community, social and
personal service activities); whereas it is therefore appropriate to decide on
their possible inclusion in the scope of this Regulation in the light of a
report to be submitted by the Commission on the basis of pilot studies on the
feasibility of collecting complete data in these sectors;
Whereas although the importance of complete data of all segments of the economy
should be fully recognised, it should be carefully weighed against 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 to carry out pilot studies on the feasibility of
collecting complete data from statistical units with less than ten employees and
that the Council decides 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 Regulation;
whereas the use of administrative records may be helpful in the meanwhile 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 of its scale or effects
be better achieved by the Community; whereas these standards will be implemented
in each Member State on the authority of the agencies and institutions appointed
to compile Community statistics;
Whereas it seems appropriate to make provisions for exceptions for certain
Member States, in order to take account of particular technical difficulties
encountered by such States in the collection of certain types of 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 17 February 1997 on Community
Statistics;
Whereas the Statistical Programme Committee established by Decision 89/382/EEC,
Euratom has been consulted in accordance with Article 3 of the aforesaid
Decision,
The national authorities and Eurostat shall produce Community statistics on the
level and composition of labour costs and on the structure and distribution of
employees' earnings, in the economic activities defined in Article 3.
The statistics on the level and composition of labour costs shall be produced
for the calendar year 2000 and at four-yearly intervals thereafter.
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.
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 communications), J (Financial
intermediation), K (Real estate, renting and business activities), M
(Education), N (Health and social work) and section O (Other community, social
and personal service activities) of the general industrial classification of
economic activities in the European Community, hereinafter referred to as 'NACE
Rev. 1` established by Regulation (EEC) No 3037/90 of 9 October 1990 on the
statistical classification of economic activities in the European Community (6).
The inclusion of economic activities defined in sections M (Education), N
(Health and social work) and O (Other Community, social and personal service
activities) of NACE Rev. 1 in the scope of this Regulation shall be optional for
the reference years 2000 and 2002. They may also be made optional for the
subsequent years in accordance 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 concerning
structural business statistics (7).
Article 4
Taking into account the views of the Statistical Programme Committee, the
Commission shall, within four years of the date of entry into force of this
Regulation, compile a report taking into account the results of pilot studies,
in particular, on the basis of existing sources in the area of 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. The report shall weigh the importance of complete
data against the reporting possibilities and the response burden. Following this
report the Commission may, if necessary, submit appropriate initiatives to the
Council for the amendment of this Regulation.
The compilation of the statistics shall be based on local units and enterprises
as defined in Council Regulation (EEC) No 696/93 of 15 March 1993 on the
statistical units for the observation and analysis of the production system in
the Community (8).
1. In the case of statistics on the level and composition of labour costs,
information shall be provided at least on:
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 (classified 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);
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 worked and wages and salaries in kind), the employer's social
contributions, (broken down into actual and imputed social contributions),
vocational training costs, other expenditure and taxes, and also subsidies
directly related to labour costs,
the average annual number of employees, distinguishing full-time employees,
part-time employees, and apprentices,
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 earnings,
information shall be provided at least on:
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 (classified 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 the transparency of financial relations
between Member States and public undertakings (9),
the type of collective pay agreement in force;
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,
length of service in the enterprise,
whether full time or part time,
type of employment contract,
the following details of earnings:
gross earnings for a representative month (distinguishing separately earnings
related to overtime and special payments for shift work),
gross annual earnings in the reference year (distinguishing separately 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 the annual leave entitlement).
Surveys shall be carried out through the appropriate national authorities,
which shall draw up the appropriate methods for collecting the information,
taking into account the response burdens, notably on SMEs.
Employers and other persons required to supply information shall reply to the
questions completely and within the time limits set. The Member States shall
take appropriate measures to avoid infringement of the obligation to supply the
information referred to in Article 6.
In order to reduce the burden on enterprises, particularly on SMEs, surveys
need not be carried out if the national authorities have information from other
appropriate sources or are able to produce estimates of necessary data using
statistical estimation procedures where some or all of the characteristics have
not been observed for all the units for which the statistics are to be compiled.
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.
The national authorities shall ensure that the results reflect the true
situation of the total population of units with a sufficient degree of
representativity.
The national authorities shall forward to Eurostat at its request after each
reference period a report containing all relevant information relating to the
implementation of the Regulation in the Member State concerned, to enable the
quality of the statistics to be evaluated.
The measures necessary for the implementation of this Regulation, including
measures to take account of economic and technical changes, and in particular:
the treatment of economic activities defined in sections M, N and O of NACE
Rev. 1 (Article 3(2));
the definition and breakdown of the information to be provided (Article 6);
the appropriate technical format for the transmission of the results
(Article 9);
quality evaluation criteria (Article 10);
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.
The Commission shall be assisted by the Statistical Programme Committee,
hereinafter referred to as 'the Committee`.
The representative of the Commission shall submit to the Committee a draft of
the measures to be taken. The Committee shall deliver its opinion on the draft
within a time limit which the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority laid down in Article
148(2) of the Treaty in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the
Committee, or if no opinion is delivered, the Commission shall, without delay,
submit to the Council a proposal relating to the measures to be taken. The
Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to the
Council, the Council has not acted, the proposed measures shall be adopted by
the Commission.
Derogations from the provisions of Articles 2, 3 and 6 for the reference
years 2000 and 2002 are set out in the Annex.
For the years 2004 and 2006, respectively, derogations from Articles 3 and 6
may be decided insofar as the national statistical system requires major
adaptations, in accordance with the procedure set out in Article 12.
