S.I. No. 140 of 2008

STATISTICS (RETAIL SALES) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th May, 2008.

I, BERTIE AHERN, Taoiseach, in exercise of the powers conferred on me by section 25 (1) of the Statistics Act 1993 (No. 21 of 1993) and for the purpose of giving full effect to Council Regulation (EC) No. 1165/98 of 19 May 1998 ¹ (as amended by Regulation (EC) No. 1158/2005 ² of the European Parliament and of the Council of 6 July 2005) and Council Regulation (EC) No. 450/2003 of 27 February 2003 ³ , hereby order as follows:

1. (1) This Order may be cited as the Statistics (Retail Sales) Order 2008.

(2) This Order comes into operation on 1 May 2008 and ceases to have effect on 30 April 2013.

2. (1) This Order applies to an undertaking, other than a public authority, that is engaged in any economic activity that appears in Sections G to K and O of NACE Rev. 1, and Sections G to L and R of NACE Rev. 2, at any time during a year in respect of which a survey is carried out.

(2) In this Article, “NACE Rev.1” means the common basis for statistical classifications of economic activities within the European Community set out in the Annex to Commission Regulation (EC) No. 29/2002 ⁴ amending Council Regulation (EEC) No. 3037/90 ⁵ on the statistical classification of economic activities in the European Community.

(3) In this Article “NACE Rev.2” means the common basis for statistical classifications of economic activities within the European Community set out in the Annex to Commission Regulation (EC) No. 1893/2006 ⁶ amending Council Regulation (EEC) No. 3037/905 on the statistical classification of economic activities in the European Community.

3. An undertaking to which this Order applies is prescribed as an undertaking required to provide the Office with information relating to retail statistics the general nature of which information is specified in the Schedule.

4. Information, the general nature of which is specified in the Schedule, is prescribed as information required to be provided for the purposes of surveys of undertakings to whom this Order applies, (the first of which shall be undertaken in the year 2008.

5. Information referred to in Article 5 shall be provided when requested by the Director General, weekly, monthly, quarterly, half yearly or annually.

6. (1) Subject to paragraph (2), an undertaking required by virtue of this Order to provide information to the Office shall provide such information by the completion of forms and questionnaires prepared by the Director General in accordance with section 23 of the Statistics Act 1993 (No. 21 of 1993).

(2) An undertaking required by virtue of this Order to furnish information shall be deemed to comply with that obligation where, with the consent of the Director General of the Central Statistics Office, the information is furnished by electronic means, and provided that the Director General approves the format or manner in which the information is provided.

SCHEDULE

1. The period to which the retail sales statistics provided relate.

2. Particulars of the type of merchandise retailed by the undertaking during that period.

3. The total retail sales (including VAT) of the undertaking in that period.

4. Particulars of the outlets through which the retail sales of the undertaking were made during that period.

GIVEN under my Official Seal,

2 May 2008

BERTIE AHERN.

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of the Statutory Instrument is to enforce a statutory collection on the sale of retail goods in the Republic of Ireland which will contribute to the availability of comparable, reliable, synchronised and comprehensive data at European level. Council Regulation (EC) No. 1165/98 refers.

1 OJ No. L162, 5.6.1998, p.1.

2 OJ No. L191, 22.7.2005, p.1.

3 OJ No. L69, 13.3.2003, p.1.

4 OJ No. L6, 10.1.2002 p.3.

5 OJ No. L293, 24.10.1990, p.1.

6 OJ No. L393, 30.12.2006, p.1.