S.I. No. 141 of 2008

STATISTICS (OUTWARD FOREIGN AFFILIATES) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th May, 2008.

The Taoiseach, in exercise of the powers conferred on him by section 25(1) of the Statistics Act 1993 (No. 21 of 1993) and for the purpose of giving full effect to Commission Regulation (EC) No 2700/98 of 17 December 1998 ¹ , Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 ² and Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 ³ , hereby orders as follows:

1. This Order may be cited as the Statistics (Outward Foreign Affiliates) Order 2008.

2. This Order applies to any undertaking which is classified for statistical purposes according to NACE Rev. 2 (set out in the Annex to Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 20062) or according to NACE Rev 1.1 (set out in the Annex to Commission Regulation (EC) No 29/2002 of 19 December 2001 ⁴ ) which is engaged in economic activities at any time during a period in respect of which a survey is undertaken.

3. It is prescribed that an undertaking to which this Order applies shall provide the Central Statistics Office with information relating to outward statistics on foreign affiliates (within the meaning of Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 ³ ), the general nature of which information is specified in the Schedule to this Order.

4. (1) The information referred to in Article 3 shall be provided by the undertaking concerned to the Central Statistics Office in statistical form pursuant to surveys (the first of which shall be in the year 2008 and the last of which shall be in the year 2012) undertaken by that Office at intervals of not more than 12 months.

(2) The information referred to in paragraph (1) of this Article shall relate to the year immediately preceding that in which the relevant survey is undertaken.

SCHEDULE

Article 3

1. Particulars of the business activity and of the main categories of goods and services provided by the undertaking.

2. Particulars of the accounting year covered by the return.

3. Particulars of the reporting currency used in the return.

4. Particulars of the location of (ultimate beneficial) ownership.

5. Particulars of non-resident entities controlled by the undertaking and in respect of each non-resident entity the following details must be provided:

(a) name and address of the non-resident entity;

(b) country in which the non-resident entity is located;

(c) particulars of the business activities and of the main categories of goods and services provided by the non-resident entity;

(d) turnover of the non-resident entity;

(e) number of persons engaged in the business of the non-resident entity;

(f) personnel costs of the non-resident entity;

(g) exports of goods and services of the non-resident entity;

(h) imports of goods and services of the non-resident entity;

(i) intra-group exports of goods and services of the non-resident entity;

(j) intra-group imports of goods and services of the non-resident entity;

(k) value added at factor cost of the non-resident entity;

(l) particulars of stock levels of the non-resident entity;

(m) particulars of purchases of goods and services and other operating expenses by the non resident entity;

(n) gross investment in tangible goods of the non-resident entity;

(o) total intra-mural Research and Development expenditure of the non-resident entity;

(p) total number of Research and Development personnel of the non-resident entity.

GIVEN under the Official Seal of the Taoiseach,

2 May 2008

BERTIE AHERN.

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Outward Foreign Affiliates Survey will be conducted for the first time in 2008. It is directed towards all Irish owned enterprises with foreign branches or subsidiaries. It is an annual survey and will be conducted on a statutory basis.

Similar surveys will be conducted in all EU member states and the results will provide important information on the impact of foreign controlled enterprises on the European Union economy. The results will be of use to policy makers at both National and European levels.

1 OJ No. L 344, 18 December 1998, p.49

2 OJ No. L 393, 30 December 2006, p.1

3 OJ No. L 171, 29 June 2007, p. 17

4 OJ No. L 6, 10 January 2002, p. 3