Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st June, 2019.

I, LEO VARADKAR, Taoiseach, in exercise of the powers conferred on me by section 25 (1) of the Statistics Act 1993 (No. 21 of 1993) and, in relation to Articles 8 and 9 (in so far as it relates to Article 8) of, and paragraph 1(a) to (c) of the Schedule to, the following order, for the purpose of giving full effect to Council Regulation (EC) No. 1165/98 of 19 May 1998¹ , as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003² , Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 2005³ , Commission Regulation (EC) No. 1503/2006 of 28 September 2006⁴ , Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006⁵ , Commission Regulation (EC) No. 1178/2008 of 28 November 2008⁶ , Commission Regulation (EC) No. 329/2009 of 22 April 2009⁷ , Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009⁸ and Commission Regulation (EU) No. 461/2012 of 31 May 2012⁹ , in so far as it relates to Annex A thereto, hereby order as follows:

1. (1) This Order may be cited as the Statistics (Industrial Production and Turnover) Order 2019.

(2) This Order shall cease to have effect on 31 March 2024.

2. The Statistics (Monthly Industrial Inquiry) Order 2016 ( S.I. No. 2 of 2016 ) is revoked.

3. (1) In this Order –

“Act of 1993” means the Statistics Act 1993 (No. 21 of 1993);

“merchanted goods” means goods -

(a) purchased, and subsequently sold, outside the State by an undertaking, and

(b) that, while in the ownership of the undertaking referred to in paragraph (a) -

(i) do not enter the State, and

(ii) are not modified in their physical form;

“Regulation” means Council Regulation (EC) No. 1165/98 of 19 May 1998¹ , as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003² , Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 2005³ , Commission Regulation (EC) No. 1503/2006 of 28 September 2006⁴ , Regulation (EC) No. 1893/2006, Commission Regulation (EC) No. 1178/2008 of 28 November 2008⁶ , Commission Regulation (EC) No. 329/2009 of 22 April 2009⁷ , Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009⁸ and Commission Regulation (EU) No. 461/2012 of 31 May 2012⁹ ;

“Regulation (EC) No. 1893/2006” means Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006⁵ ;

“survey” means the Industrial Production and Turnover Survey that is conducted by the Central Statistics Office for the purposes of obtaining information set out in the Schedule, including for the purposes of compliance with the Regulation.

(2) A word or expression that is used in this Order and also in the Regulation has the same meaning in this Order as it has in the Regulation, other than where the context otherwise requires.

4. A requirement on an undertaking that is classified for statistical purposes in division 37 or 39 or group 38.1 or 38.2 of section E of NACE Rev. 2 set out in Annex I to Regulation (EC) No. 1893/2006 to provide for the purposes of the survey the information set out in the Schedule is prescribed for the purposes of section 25 of the Act of 1993.

5. A requirement on an undertaking that is classified for statistical purposes in division 36 or group 35.3 of section D or group 38.3 of section E of NACE Rev. 2 set out in Annex I to Regulation (EC) No. 1893/2006 to provide for the purposes of the survey the information set out in paragraphs 1(a), (d), (e), (f) and (g) and 2 of the Schedule is prescribed for the purposes of section 25 of the Act of 1993.

6. A requirement on an undertaking that is classified for statistical purposes under section D or section E of NACE Rev. 2 set out in Annex I to Regulation (EC) No. 1893/2006 to provide for the purposes of the survey the information set out in paragraphs 1(b), (d), (e), (f) and (g) and 2 of the Schedule is prescribed for the purposes of section 25 of the Act of 1993.

7. A requirement on an undertaking that is classified for statistical purposes in group 38.3 of section E of NACE Rev. 2 set out in Annex I to Regulation (EC) No. 1893/2006 to provide for the purposes of the survey the information set out in paragraphs 1(c), (d), (e), (f) and (g) and 2 of the Schedule is prescribed for the purposes of section 25 of the Act of 1993.

8. (1) This Article applies to an undertaking that is classified for statistical purposes under section B, C, D or E of NACE Rev. 2 set out in Annex I to Regulation (EC) No. 1893/2006.

(2) Subject to paragraph (3), a requirement on an undertaking to which this Article applies to provide for the purposes of the survey information set out in the Schedule, is prescribed for the purposes of section 25 of the Act of 1993.

(3) Where an undertaking to which this Article applies is subject to a requirement under Article 4, 5, 6 or 7 to provide the information referred to in the Article concerned, the requirement referred to in paragraph (2) shall not extend to the provision by that undertaking of that information.

9. The undertakings in relation to whom a requirement to provide information is prescribed in Articles 4, 5, 6, 7 or 8 shall provide the relevant information -

(a) in relation to each month in the period from March 2019 to February 2024, and

(b) where the information relates to a month in the period from July 2019 to March 2024, monthly in relation to the preceding month.

SCHEDULE

Articles 4, 5, 6, 7 and 8

1. Information regarding the following, as it relates to the undertaking concerned, and specifying the monthly period to which the information relates:

(a) the quantity of production and its net selling value;

(b) the value of turnover, excluding VAT;

(c) the number of persons engaged during a specified reference week;

(d) total value of goods produced by the undertaking in the State;

(e) total value of goods produced by the undertaking outside the State;

(f) total value of merchanted goods sold by the undertaking;

(g) total cost of merchanted goods sold by the undertaking.

2. Information on the time taken by the undertaking concerned to complete the questionnaire, form or other record prepared by the Director General for the collection of the information referred to in paragraph 1.

GIVEN under my Official Seal,

18 June, 2019.

LEO VARADKAR,

Taoiseach.

1 OJ No. L 162, 5.6.1998, p. 1

2 OJ No. L 284, 31.10.2003, p. 1

3 OJ No. L 191, 22.7.2005, p. 1

4 OJ No. L 281, 12.10.2006, p. 15

5 OJ No. L 393, 30.12.2006, p. 1

6 OJ No. L 319, 29.11.2008, p. 16

7 OJ No. L 103, 23.4.2009, p.3

8 OJ No. L 188, 18.7.2009, p. 14

9 OJ No. L 142, 1.6.2012, p. 26

1 OJ No. L 162, 5.6.1998, p. 1

2 OJ No. L 284, 31.10.2003, p. 1

3 OJ No. L 191, 22.7.2005, p. 1

4 OJ No. L 281, 12.10.2006, p. 15

6 OJ No. L 319, 29.11.2008, p. 16

7 OJ No. L 103, 23.4.2009, p.3

8 OJ No. L 188, 18.7.2009, p. 14

9 OJ No. L 142, 1.6.2012, p. 26

5 OJ No. L 393, 30.12.2006, p. 1