Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2016.

I, ENDA KENNY, 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 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. 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. This Order may be cited as the Statistics (Retail Sales Inquiry) Order 2016.

2. (1) In this Order—

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

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

(b) from undertakings referred to in Article 3(b), information set out in the Schedule;

“Regulation” means Regulation (EC) No. 1165/98 of 19 May 1998¹, as 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.

(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. Article 4 applies to 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 undertakings referred to in Article 3 to provide, monthly in the period from March 2016 to February 2021 and for the purposes of the inquiry, information in relation to the preceding month, 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 (Retail Sales) Order 2011 ( S.I. No. 737 of 2011 ) is revoked.

SCHEDULE

Article 4.

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

(a) the total retail sales, including VAT;

(b) the number of outlets through which the retail sales were made.

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,

29 February 2016.

ENDA KENNY,

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