S.I. No. 247/2006 - European Communities (Statistics) (Business Accounts Surveys) Regulation 2006
STATUTORY INSTRUMENTS | ||||||||
European Communities (Statistics) (Business Accounts Surveys) Regulation 2006 | ||||||||
I, Bertie Ahern, Taoiseach, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further 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 , and Council Regulation (EC) No. 450/2003 of 27 February 20033 , hereby make the following regulations: 1. (1) These Regulations may be cited as the European Communities (Statistics (Business Accounts Surveys) Regulations 2006. | ||||||||
(2) In these Regulations - | ||||||||
“Act” means Statistics Act 1993 (No. 21 of 1993); | ||||||||
“Council Regulation” means Council Regulation (EC) No. 1165/98 of 19 May 19981 (implemented by Commission Regulation (EC) No. 586/2001 of 26 March 20014 Commission Regulation (EC) No. 588/2001 of 26 March 20015 and Commission Regulation (EC) No. 606/2001 of 23 March 20016 ), as amended by Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 20052 ; | ||||||||
“Director General” means Director General of the Office; | ||||||||
“Office” means Central Statistics Office; | ||||||||
“undertaking” has the meaning assigned to it by the Act. 2. These Regulations apply to undertakings to which the Council Regulation and Regulation (EC) No. 450/2003 of 27 February 20033 apply which are classified for statistical purposes under Sections G, H, I and K of NACE Rev. 1 (set out in the Annex to Council Regulation (EEC) No. 3037/90 of 9 October 19907 , as amended by Commission Regulation (EEC) No. 761/93 of 24 March 19938 ), which are engaged in economic activities at any time during a period in respect of which a survey referred to in Regulation 3 is undertaken. 3. An undertaking to which these Regulations apply is required to provide to the Office within the period specified by the Director General, information in statistical form pursuant to surveys (the first of which shall be in April 2006, or as soon as possible thereafter, relating to the period January to March 2006) undertaken by the Office as nearly as possible at intervals of 3 months, in relation to the economic activities of the undertaking concerned in respect of the period to which the relevant survey undertaken in accordance with these Regulations applies, and, in particular, shall include particulars, in respect of the undertaking concerned of turnover, persons employed and employee earnings. 4. An undertaking required by virtue of these Regulations to provide information to the Office shall provide such information - | ||||||||
(a) by the completion of forms and questionnaires prepared by the Director General in accordance with section 23 of the Act, and | ||||||||
(b) where directions under section 26 of the Act have been given to the undertaking, in accordance with those directions. 5. An undertaking required by virtue of these Regulations to provide information to the Office shall be deemed to comply with that obligation where, with the consent of the Director General, the information is furnished by electronic means in a format or manner approved by the Director General. 6. (1) Everything that may be done under Part III (other than section 25) of the Act in respect of the collection of information or Part IV of the Act in respect of the use of records of public authorities for statistical purposes under the Act may be done for the purposes of these Regulations and the Act is to be read accordingly. | ||||||||
(2) Reference in the Act to a requirement made, including a direction delivered pursuant to section 26, under the Act is to be read as including a reference to a requirement under these Regulations. | ||||||||
(3) An officer of statistics under the Act is also such an officer for the purposes of these Regulations. | ||||||||
(4) Sections 36 to 43 and, in so far as it relates to those sections, section 3, of the Act apply, with any necessary modifications, to these Regulations, and references in those sections to any provision of the Act shall, unless the context otherwise requires, be read as references to the corresponding provision of these Regulations. 7. (1) An undertaking which fails to comply with Regulation 3 or 4 commits an offence, and is liable on summary conviction to a fine not exceeding €5,000. | ||||||||
(2) A person who commits an offence to which Regulation 6(4) relates is liable on summary conviction to a fine not exceeding €5,000. | ||||||||
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EXPLANATORY NOTE | ||||||||
(This note is not part of the Regulation and does not purport to be a legal interpretation.) | ||||||||
The purpose of this instrument is to enable a statutory survey of Stocks, Capital Assets Debtors and Creditors, Turnover, Employment and Earnings to be undertaken on a quarterly basis from Q1 2006 onwards. | ||||||||
The EU requirements are covered by the European Communities (Statistics) (Business Accounts Surveys) Regulations 2006 while the national requirements are covered by the Statistics (Business Accounts Surveys) Order 2006. | ||||||||
This instrument defines the scope of the survey and requires that returns be furnished to the Central Statistics Office covering all undertakings in respect of which the prescribed forms have been issued. | ||||||||
2 OJ No. L191, 22.7.2005, p.1. 4 OJ No. L86, 27.3.2001, p.11. 5 OJ No. L86, 27.3.2001, p.18. 2 OJ No. L191, 22.7.2005, p.1. |
