Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th December, 2017.

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 paragraphs (o) to (u) of the Schedule to the following order, for the purpose of giving full effect to Regulation (EC) No. 295/2008 of the European Parliament and of the Council of 11 March 2008¹ as amended by Commission Regulation (EC) No. 251/2009 of 11 March 2009² , hereby order as follows:

1. (1) This Order may be cited as the Statistics (Structural Business Inquiry) Order 2017.

(2) This Order shall come into operation on 1 January 2018.

2. (1) In this Order—

“inquiry” means the Structural Business Inquiry that is conducted by the Central Statistics Office for the purposes of obtaining information specified in the Schedule, including for the purposes of compliance with the Regulation;

“Regulation” means Regulation (EC) No. 295/2008 of the European Parliament and of the Council of 11 March 2008¹, as amended by Commission Regulation (EC) No. 251/2009 of 11 March 2009²;

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

3. This Order applies in a given year to a person who or an undertaking that, in the immediately preceding year, was classified for statistical purposes under section B, C, D, E, F, G, H, I, J, K, L, M, N, P, Q, R or S of NACE Rev. 2, as set out in Annex 1 to Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006³ .

4. A requirement on persons to whom or undertakings to which this Order applies to provide, annually and for the purposes of the inquiry, information in relation to the preceding year, the general nature of which is specified in the Schedule, is prescribed for the purposes of section 25 of the Statistics Act 1993 (No. 21 of 1993).

5. The Statistics (Structural Business Inquiries) Order 2013 ( S.I. No. 44 of 2013 ) is revoked.

SCHEDULE

Article 4

Information regarding the following, as it relates to the person or undertaking concerned and the business activity of the person or undertaking concerned, and specifying the year to which the information relates:

(a) particulars, including name, address and contact details;

(b) business activity;

(c) accounting year to which the information relates;

(d) income other than income derived from turnover;

(e) indirect taxes paid or payable;

(f) production subsidies received from the EU and from sources other than the EU;

(g) operating expenses, including purchases of goods and services;

(h) location of the ultimate beneficial ownership;

(i) imports, by type and country of source;

(j) exports, by type and country of destination;

(k) e-commerce usage and the turnover resulting from e-commerce;

(l) whether the business is owned by members of the same family;

(m) amount of the turnover invoiced to affiliates;

(n) balance sheet information including the following particulars—

(i) total outstanding debt liabilities,

(ii) amount referred to in (i) that is borrowed from banks,

(iii) interest payable (on outstanding debt liabilities),

(iv) cash and cash equivalents,

(v) accounts receivable,

(vi) accounts payable,

(vii) total assets, and

(viii) total fixed assets;

(o) where part of the turnover is generated by construction activities—

(i) the percentage turnover generated by construction activities, and activities other than construction activities, respectively,

and

(ii) the percentage turnover generated by each of the following activities:

(I) trading and intermediary activities (including activities undertaken by agents);

(II) services activities;

(III) building;

(IV) civil engineering;

(p) turnover, including breakdowns by type and by product;

(q) value of stocks and work in progress at the beginning and the end of the year;

(r) capital assets acquired and disposed of;

(s) labour costs, including wages, salaries, pensions and social insurance;

(t) all local units, including subsidiaries, branches and outlets, in the State;

(u) payments to sub-contractors and to agency workers;

(v) research and development activities engaged in.

GIVEN under my Official Seal,

12 December 2017.

LEO VARADKAR,

Taoiseach.

1 OJ No. L 97, 9.4.2008, p. 13

2 OJ No. L 86, 31.3.2009, p. 170

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