Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697805683897.pdf (Ireland)
STATUTORY INSTRUMENTS.

S.I.

No.

91 of 2020 ________________ STATISTICS (BALANCE OF PAYMENTS SURVEY) ORDER 2020 2 [91] S.I.

No.

91 of 2020 STATISTICS (BALANCE OF PAYMENTS SURVEY) ORDER 2020 I, LEO VARADKAR, 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 orders as follows: 1.

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

2.
2.

(1) In this Order – “asset”, in relation to a person, includes a financial claim of the person; “quarter” means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; 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. 204.

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.

Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 31st March, 2020.

[91] 3 “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 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) (b) engaged in, or acting on behalf of a person engaged in, any transaction specified in Part 1 of the Schedule.

4.
4.

A requirement on persons to whom this Order 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 year in the period from 2020 to 2024, and (b) to provide the information in relation to each year in the period referred to in paragraph (a), once only, is hereby prescribed.

4 [91] 5.
4 [91] 5.

(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, either or both of the following requirements are fulfilled in respect of the person: (a) on any day in that period, the total assets of the person exceeded €150 million; (b) the sale of goods or provision of services by the person in any 12 month period in that period amounted to not less than €100 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 quarter in the period from 1 January 2020 to 31 December 2024, and (b) to provide the information in relation to each quarter in the period referred to in paragraph (a), once only, is hereby prescribed.
SCHEDULE Part 1 [91] 5 Article 3 Transactions to which Article 3 refers: (a) (b) (c) sale of goods or provision of services to non-residents; receipt of goods or services from non-residents; 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 Articles 4 and 5 1.
Information regarding the following, as it relates to the person concerned and specifying the quarter or year, as the case may be, to which the information relates: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) where applicable, shareholdings in, or ownership of, the person; shareholdings in, or ownership of, any other person by the person; the value of goods sold, and services and financial instruments provided, to residents and non-residents; the value of goods, services and financial instruments received from residents and non-residents; the value of transactions in respect of financial claims against residents and non-residents; the value of transactions in respect of financial liabilities to residents and non-residents; the value of financial claims against residents and non-residents; the value of financial liabilities to residents and non-residents; the value of amounts received or due from residents and non- residents; particulars relating to all assets, including the value of any assets disposed of or acquired; the value of amounts paid or due to residents and non-residents; 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; 6 [91] (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.

GIVEN under the Official Seal of the Taoiseach, 26 March, 2020.

LEO VARADKAR, Taoiseach.

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