Socialist Party Press Release Senate
Socialist spokesman Félix Lavilla, underlines the willingness of the agreement of all political groups formalized in the "Pact of Soria" and says the law protects small retailers
SENATE GIVES GREEN LIGHT TO THE LAW OF RETAILING TO REDUCE COSTS AND PROCEDURES TO PROMOTE TRADE SMALL
Madrid, February 11, 2010
The Senate gave the green light last Wednesday when Bill Retail management with the opposition Popular Party. The Act provides for the reduction of costs and procedures in order to provide the small retailer to open your business and offers the freedom of establishment with no authorization.
Socialist spokesman on the Committee on Industry, Tourism and Trade, Felix Lavilla, noted that the gestation of the law has been dominated by the will of agreement of all political groups and the previous dialogue with the Autonomous Communities. Specifically, Lavilla explained that consensus with the other groups was formalized through an agreement began to take shape at a meeting in the province of Soria with some parliamentary speakers as the genesis of the final wording was changed to "Covenant Soria. . Soriano
Senator stressed that it is a structural reform commitment to small businesses, by modernizing it and the purchase of proximity. It is a project, he said, responding to the demands of consumers, that protects the environment and ensuring prompt and appropriate supplies to the population.
socialist parliamentarian said the rule determines that it may establish a permit system and removes the compulsory license. To do so, based on the principle of proportionality, establishing the reasons for the establishment and impact.
The law does not refer to the square meters of retail formats and removes the definition of a large commercial establishment. The authorization to open only depend environmental impact of urban environment and conservation of artistic heritage. Finally, prohibits the use of economic criteria for restrictions on opening new stores in accordance with the commercial offer and also the intervention of the competitors on that authorization.
Text finally approved by the Senate of Spain (approved on 18 without modification in Congress)
Press Release Government of Spain
Approved the amendment to the Law of Retail Trade
The new regulation is based on the principle of free enterprise and is intended to facilitate the establishment of free commercial delivery services.
The implementation of this standard will provide a further liberalization of the sector and simplification of administrative procedures, increase legal certainty, reduce costs and contribute to job creation.
The new law is based on strict compliance with the EU services directive, while respecting the exclusive competence of the Autonomous Communities concerning internal trade.
estimates the sector, the reform would help create about 50,000 jobs over the next years and induced investment will generate about 4,000 million euros. 02/18/1910
Congress today approved the Law Reform Act 7 / 1996 of the Retail Trade, although the Act had been amended on numerous occasions to bring its content to the ongoing process of globalization of the economy and the need for regulation in this area fit the market reality.
The new law amends the retail trade regulations to suit the provisions of the Omnibus Act, responsible for the transposition of Directive 2006/123/EC on services in the market. English business model is characterized by high commercial density characteristic of Mediterranean countries in a particular way of structuring the urban centers around trade. The legislative amendment sought, without losing those values, increase the value distribution generated by liberalizing trade in service delivery and the removal of burdens on business.
The new law complies with the exclusive competence of the Autonomous Communities in terms of internal trade, while the state is authorized to establish a national standard as a basis for regional governments to develop the regulation itself to them in the exercise of competence. The new text, with provisions of the Act Umbrellas, constitute the framework of the regional rules.
The new regulation is based on the principle of free enterprise and aims at facilitating the establishment of free commercial distribution services through a framework where different retail formats may operate in free competition.
The economic impact of the reform is significant because the industry itself estimates the expected induced investment stands at around 4,000 million euros, and could contribute to the creation of 50,000 jobs in the short and medium term.
most relevant modifications introduced in the Act:
It provides for freedom of establishment as a general principle eliminating compulsory license. However, it can establish a permit system, justifying it properly according to the principle of proportionality and identifying in an objective and the rationale for the establishment of the same and the estimated impact.
economic criteria are deleted, restricting competition and the intervention of the competitors in the authorization process. The parliamentary process has led to the inclusion depth of the economic requirements prohibited the granting licensing, which will contribute to increasing transparency in the procedures and legal certainty for operators.
The regions established a licensing procedure that will integrate all the necessary arrangements. This will start the furtherance of the business operators to save costs.
Deletion of the definition of great commercial establishment, thus avoiding discriminatory treatment from state law to various retail formats, as no mention is made of the square meters of facilities. The only relevant aspect is the environmental impact, urban or capital historical and cultural features, depending on the area or territory, build the facility regardless of the surface.
authorization is deleted in the sale automatically and requires only the approval of the models.
hawking in limiting the duration of approval to ensure the rotation of the competitors because of the scarcity of available land, guaranteeing always itinerant traders amortization of their investments. Among the new text after its parliamentary highlights the establishment of the automatic extension of licenses granted before the entry into force of law and the jurisdiction of the autonomous regions and municipalities to determine the terms of validity.
obligation is replaced by a pre-enrollment communication subsequent to the start of the activity in the records of sales to franchisees distance and
In cases in which Spain could be enacted in European infringement proceedings whose origin regional legislation is in commerce, any sanctions will be transferred to the Autonomous Community concerned.
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