Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st March, 2022.

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, other than in relation to paragraphs 8, 9 and 12(b) of the Schedule to the following order, 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), (1)(b), (1)(d) and (2)(i) thereof, hereby order as follows:

1. (1) This Order may be cited as the Statistics (Industrial Commodities Production Survey) Order 2022.

(2) This Order comes into operation on 28 February 2022.

2. (1) In this Order –

“net selling value” means, in relation to a commodity or service that is sold by a person or undertaking, the amount received by the person or undertaking in respect of such sale, less VAT (or equivalent);

“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 period” means the period from 28 February 2022 to 31 December 2026;

“survey” means the Industrial Commodities Production Survey conducted by the Central Statistics Office for the purpose of obtaining information set out in the Schedule, including for the purposes of compliance with the Regulation;

“VAT” means value-added tax.

(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, except where the context otherwise requires.

3. This Order applies to a person who, or an undertaking that –

(a) engages 3 or more persons, and

(b) is classified for statistical purposes under section B, C or E 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 persons or undertakings to which this Order applies to provide, annually in the relevant period and for the purposes of the survey, information in relation to the preceding year, the general nature of which is specified in the Schedule, is hereby prescribed.

5. The Statistics (Industrial Commodities Production Survey) Order 2017 ( S.I. No. 496 of 2017 ) is revoked.

SCHEDULE

Article 4

Information regarding the following, as it relates to the person or undertaking concerned during the year to which the information relates:

1. Name of person or undertaking;

2. Address of registered office or principal place of business of the person or undertaking;

3. If the address provided under paragraph 2 is that of a branch or subsidiary of another undertaking, the name and address of the registered office or principal place of business of that undertaking;

4. Description of the activities in which the person or undertaking was engaged;

5. Number of persons employed by the person or undertaking;

6. Quantity and net selling value of commodities sold by the person or undertaking during the year that were produced in the State by the person or undertaking;

7. Net selling value of services sold by the person or undertaking during the year that were provided in the State;

8. Quantity and net selling value of commodities sold by the person or undertaking during the year that were produced outside the State and subject to further processing by the person or undertaking in the State;

9. Net selling value of services sold by the person or undertaking during the year that were provided outside the State;

10. Amount received by the person or undertaking in respect of commodities produced by the person or undertaking on commission on behalf of another person or undertaking;

11. Amount received by the person or undertaking in respect of the specialised maintenance, repair and installation of industrial, commercial and similar machinery and equipment by the person or undertaking;

12. Whether the amounts provided by the person or undertaking under –

(a) paragraphs 6, 7, 10 and 11, and

(b) paragraphs 8 and 9,

are expressed in euro, and, if not expressed in euro, the currency in which they are expressed.

GIVEN under my Official Seal,

23 February, 2022.

MICHEÁL MARTIN,

Taoiseach.

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

2 OJ No. L 339, 24.9.2021, p. 33.

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

2 OJ No. 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.