Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th October, 2018.

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 3(a) and 4 (in so far as it relates to Article 3(a)) of, and paragraph 1(a) 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 , amended by Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 2005² , Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006³ , Commission Regulation (EC) No. 329/2009 of 22 April 2009⁴ and Regulation (EC) No. 596/2009 of the European Parliament and of the Council of 18 June 2009⁵ , in so far as it relates to Annex C thereto, hereby order as follows:

1. (1) This Order may be cited as the Statistics (Retail Sales Inquiry) Order 2018.

(2) This Order comes into operation on 1 December 2018.

2. (1) In this Order—

“inquiry” means the Retail Sales Inquiry that is conducted by the Central Statistics Office for the purposes of obtaining information specified in the Schedule—

(a) from persons or undertakings referred to in Article 3(a), including for the purposes of compliance with the Regulation in so far as it relates to Annex C thereto, and

(b) from persons or undertakings referred to in Article 3(b);

“Regulation” means Regulation (EC) No. 1165/98 of 19 May 19981 amended by Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 20052, Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 20063, Commission Regulation (EC) No. 329/2009 of 22 April 20094 and Regulation (EC) No. 596/2009 of the European Parliament and of the Council of 18 June 20095;

“relevant period” means the period from 1 December 2018 to 30 November 2023.

(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 to a person who, or an undertaking that, is classified for statistical purposes under—

(a) division 47, or

(b) division 45 or class 56.30,

of NACE Rev. 2 set out in Annex I to Regulation (EC) No.1893/2006 of the European Parliament and of the Council of 20 December 20063.

4. A requirement on persons or undertakings to which this Order applies to provide, for the purposes of the inquiry, information the general nature of which is specified in the Schedule,-

(a) once only in relation to the month of November 2017, and

(b) monthly in the relevant period in relation to the immediately preceding month,

is prescribed for the purposes of section 25 of the Statistics Act 1993 (No. 21 of 1993).

5. The Statistics (Retail Sales Inquiry) Order 2016 ( S.I. No. 118 of 2016 ) is revoked.

SCHEDULE

Article 4.

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

(a) the total value, including VAT, of retail sales;

(b) the total value, including VAT, of retail sales where the sales were via the internet;

(c) the number of outlets through which the retail sales referred to in subparagraph (a) were made.

2. Information on the time taken by the person or 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,

11 October 2018.

LEO VARADKAR,

Taoiseach.

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

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

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

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

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