S.I. No. 581/2020 - Statistics (Monthly Balance of Payments Survey) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th December, 2020.

I, MICHE?L 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 paragraph 2 of Part 2 of the Schedule to the following order, for the purpose of giving full effect to Council Regulation (EC) No. 2533/98 of 23 November 19981 , as amended by Council Regulation (EC) No. 951/2009 of 9 October 20092 and Council Regulation (EU) 2015/373 of 5 March 20153 , Regulation (EC) No. 184/2005 of the European Parliament and of the Council of 12 January 20054 , as amended by Commission Regulation (EC) No. 602/2006 of 18 April 20065 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20086 , Commission Regulation (EC) No. 707/2009 of 5 August 20097 , Commission Regulation (EU) No. 555/2012 of 22 June 20128 , Commission Regulation (EU) No. 519/2013 of 21 February 20139 , Regulation (EU) 2016/1013 of the European Parliament and of the Council of 8 June 201610 and Commission Delegated Regulation (EU) 2019/505 of 19 December 201811 , Regulation (EU) No. 549/2013 of the European Parliament and of the Council of 21 May 201312 , as amended by Commission Delegated Regulation (EU) 2015/1342 of 22 April 201513 , and Regulation (EU) 2019/516 of the European Parliament and of the Council of 19 March 201914 , hereby order as follows:

1. (1) This Order may be cited as the Statistics (Monthly Balance of Payments Survey) Order 2020.

(2) This Order shall cease to have effect on 1 February 2025.

2. (1) In this Order -

“asset”, in relation to a person, includes a financial claim of the person;

“Regulations” means Council Regulation (EC) No. 2533/98 of 23 November 19981 , as amended by Council Regulation (EC) No. 951/2009 of 9 October 20092 and Council Regulation (EU) 2015/373 of 5 March 20153 , Regulation (EC) No. 184/2005 of the European Parliament and of the Council of 12 January 20054 , as amended by Commission Regulation (EC) No. 602/2006 of 18 April 20065 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20086 , Commission Regulation (EC) No. 707/2009 of 5 August 20097 , Commission Regulation (EU) No. 555/2012 of 22 June 20128 , Commission Regulation (EU) No. 519/2013 of 21 February 20139 , Regulation (EU) 2016/1013 of the European Parliament and of the Council of 8 June 201610 and Commission Delegated Regulation (EU) 2019/505 of 19 December 201811 , Regulation (EU) No. 549/2013 of the European Parliament and of the Council of 21 May 201312 , as amended by Commission Delegated Regulation (EU) 2015/1342 of 22 April 201513 and Regulation (EU) 2019/516 of the European Parliament and of the Council of 19 March 201914 ;

“resident” means a person residing in the State and “non-resident” shall be construed accordingly;

“survey” means the Monthly Balance of Payments Survey that is conducted by the Central Statistics Office in order to obtain information set out in Part 2 of the Schedule, including for the purposes of compliance with the Regulations.

(2) A word or expression that is used in this Order and also used in the Regulations has the same meaning in this Order as in the Regulations, except where the context otherwise requires.

3. This Order applies to a person -

(a) engaged in, or

(b) acting on behalf of a person engaged in,

any transaction specified in Part 1 of the Schedule.

4. (1) This Article applies on a particular date to a person to whom this Order applies where, in the period of 24 months immediately preceding that date, on any day in that period, the total assets of the person exceeded €500 million.

(2) A requirement on persons to whom this Article applies -

(a) subject to paragraph (b), to provide, for the purposes of the survey, information the general nature of which is specified in Part 2 of the Schedule in relation to each month in the period from 1 January 2021 to 31 December 2024, and

(b) to provide the information in relation to each month in the period referred to in paragraph (a), once only,

is hereby prescribed.

SCHEDULE

Part 1

Article 3

Transactions to which Article 3 refers:

(a) sale of goods or provision of services to non-residents;

(b) receipt of goods or services from non-residents;

(c) acquisition or disposal of a financial claim against non-residents;

(d) incurrence or redemption of a financial liability to non-residents;

(e) payment of income to non-residents;

(f) receipt of income from non-residents.

Part 2

Article 4

1. Information regarding the following, as it relates to the person concerned and specifying the month and year to which the information relates:

(a) where applicable, shareholdings in, or ownership of, the person;

(b) shareholdings in, or ownership of, any other person by the person;

(c) the value of goods sold, and services and financial instruments provided, to residents and non-residents;

(d) the value of goods, services and financial instruments received from residents and non-residents;

(e) the value of transactions in respect of financial claims against residents and non-residents;

(f) the value of transactions in respect of financial liabilities to residents and non-residents;

(g) the value of financial claims against residents and non-residents;

(h) the value of financial liabilities to residents and non-residents;

(i) the value of amounts received or due from residents and non-residents;

(j) particulars relating to all assets, including the value of any assets disposed of or acquired;

(k) the value of amounts paid or due to residents and non-residents;

(l) the address and eircode of the registered office of the person and other locations where the business engaged in by the person is conducted from;

(m) the business, trading or other name or names by which the person is known;

(n) the description of the business engaged in by the person.

2. Information on the time taken by the person 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.

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GIVEN under my Official Seal,

2 December, 2020.

MICHE?L MARTIN,

Taoiseach.

1 OJ L 318, 27.11.1998, p. 8.

2 OJ L 269, 14.10.2009, p. 1.

3 OJ L 64, 7.3.2015, p. 6.

4 OJ L 35, 8.2.2005, p. 23.

5 OJ L 106, 19.4.2006, p. 10.

6 OJ L 311, 21.11.2008, p. 1.

7 OJ L 204, 6.8.2009, p. 3.

8 OJ L 166, 27.6.2012, p. 22.

9 OJ L 158, 10.6.2013, p. 74.

10 OJ L 171, 29.6.2016, p. 144.

11 OJ L 85, 27.3.2019, p. 1.

12 OJ L 174, 26.6.2013, p. 1.

13 OJ L 207, 4.8.2015, p. 35.

14 OJ L 91, 29.3.2019, p. 19.

1 OJ L 318, 27.11.1998, p. 8.

2 OJ L 269, 14.10.2009, p. 1.

3 OJ L 64, 7.3.2015, p. 6.

4 OJ L 35, 8.2.2005, p. 23.

5 OJ L 106, 19.4.2006, p. 10.

6 OJ L 311, 21.11.2008, p. 1.

7 OJ L 204, 6.8.2009, p. 3.

8 OJ L 166, 27.6.2012, p. 22.

9 OJ L 158, 10.6.2013, p. 74.

10 OJ L 171, 29.6.2016, p. 144.

11 OJ L 85, 27.3.2019, p. 1.

12 OJ L 174, 26.6.2013, p. 1.

13 OJ L 207, 4.8.2015, p. 35.

14 OJ L 91, 29.3.2019, p. 19.