Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 2021.

I, MICHEÁL MARTIN, 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 Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019¹ as amended by Commission Delegated Regulation (EU) 2021/1704 of 14 July 2021² , in so far as it relates to Articles 6(1)(a) and 6(2)(i) thereof, hereby order as follows:

1. This Order may be cited as the Statistics (Trading Day and Product Profile Survey) Order 2021.

2. (1) In this Order –

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

“day of the week” means a Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday;

“direction” means a direction under section 26 of the Act of 1993 made pursuant to the requirement prescribed under Article 4;

“Regulation” means Regulation (EU) 2019/2152 of the European Parliament and of the Council of 27 November 2019¹ as amended by Commission Delegated Regulation (EU) 2021/1704 of 14 July 2021² ;

“relevant aggregate figure” means, in relation to a day of the week, the aggregate of the turnover achieved on that day of the week in each week of 2021;

“relevant period” means such period occurring in 2021 as the Director General may specify in the notice of a direction;

“survey” means the Trading Day and Product Profile Survey that is conducted by the Central Statistics Office for the purpose of obtaining, including for the purposes of compliance with the Regulation, the information specified in the Schedule.

(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 an undertaking that is classified for statistical purposes under division 45 or 47 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 as amended by Regulation (EC) No. 295/2008 of the European Parliament and of the Council of 11 March 2008⁴ , Regulation (EU) No. 70/2012 of the European Parliament and of the Council of 18 January 2012⁵ and Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019⁶ .

4. A requirement on undertakings to which this Order applies to provide, once only and for the purposes of the survey, information the general nature of which is specified in the Schedule is hereby prescribed.

SCHEDULE

Article 4

Information in relation to 2021 as it relates to the undertaking concerned regarding the following:

1. (a) total annual turnover;

(b) either:

(i) in relation to each day of the week, the percentage of the figure referred to in paragraph (a) that the relevant aggregate figure represents, or

(ii) in relation to such week, occurring in the relevant period, as the undertaking may nominate –

(I) the turnover achieved in that week, and

(II) in relation to each day of that week, the percentage of the figure referred to in clause (I) that the turnover achieved on that day represents;

(c) the percentage of the figure referred to in paragraph (a) that the turnover, achieved in 2021, in respect of each category of product sold by the undertaking represents.

2. Particulars of the time taken 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,

13 December, 2021.

MICHEÁL MARTIN,

Taoiseach.

1 OJ No. L 327, 17.12.2019, p. 1.

2 OJ L 339, 24.9.2021, p. 33.

1 OJ No. L 327, 17.12.2019, p. 1.

2 OJ L 339, 24.9.2021, p. 33.

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

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

5 OJ No. L 32, 3.2.2012, p. 1.

6 OJ No. L 198, 25.7.2019, p. 241.