French Commercial code
In forceI.-The departmental commercial development commission is chaired by the Prefect. For any new project, it interviews the person responsible for promoting town centre retailing on behalf of the municipality or the inter-municipal public cooperation establishment with its own tax system, the retail agency and the retailer associations in the municipality where the project is to be implemented and in neighbouring municipalities where these exist. It informs the mayors of the municipalities bordering on the municipality in which the site is located, as soon as applications for authorisation to operate a business have been registered. Where appropriate, it also informs the executive bodies of border local authorities or their groupings with responsibility for commercial development.
II.In departments other than Paris, it is made up of:
1° The following seven elected representatives:
a) The mayor of the commune in which the site is located or their representative;
b) The president of the public establishment for inter-communal cooperation with its own tax system of which the commune in which the site is located is a member or their representative;
c) The president of the mixed syndicate or public establishment for inter-communal cooperation mentioned in article L. 143-16 of the town planning code responsible for the territorial coherence scheme within whose perimeter the siting commune is located or his representative or, failing this, the mayor of the most populous commune in the arrondissement or, failing this, a member of the departmental council ;
d) The president of the departmental council or his representative;
e) The president of the regional council or his representative;
f) One member representing the mayors at departmental level;
g) One member representing the inter-municipalities at departmental level.
When one of the elected members holds more than one of the mandates mentioned in a to g of this 1°, he/she shall only sit in respect of one of his/her mandates. Where applicable, the deliberative body or bodies from which he or she comes shall appoint a replacement for each of the mandates in respect of which he or she cannot sit;
2°Four qualified personalities, two in the field of consumer affairs and consumer protection and two in the field of sustainable development and regional planning.
3° Three qualified figures representing the economic fabric: one appointed by the chamber of commerce and industry, one appointed by the chamber of trades and crafts and one appointed by the chamber of agriculture.
When the catchment area of the project extends beyond the boundaries of the department, the State representative in the department completes the composition of the commission by appointing at least one elected representative and one qualified figure from each other department concerned. Where appropriate, he will invite to participate, without voting rights, a representative of each of the border local authorities or their groupings with competence in commercial planning, as well as a representative of any European grouping for territorial cooperation with competence in commercial planning or regional planning within the perimeter of which the commune in which the project is to be implemented is located.
The commission will hear any person likely to be able to inform its decision or opinion. Without taking part in the vote, the persons appointed by the Chamber of Commerce and Industry and the Chamber of Trades and Crafts present the economic situation in the relevant catchment area and the impact of the project on this economic fabric. The person appointed by the Chamber of Agriculture will present the Chamber's opinion if the proposed retail development consumes agricultural land.
III.In Paris, it is made up of:
1° The following five elected representatives:
a) The mayor of Paris or his or her representative;
b) The mayor of the arrondissement of the location or his or her representative;
c) One arrondissement councillor appointed by the Paris council;
d) One deputy mayor of Paris;
e) One regional councillor appointed by the regional council;
2° Three personalities qualified in consumer affairs, sustainable development and regional planning.
3° Two qualified persons representing the economic fabric: one appointed by the chamber of commerce and industry and one appointed by the chamber of trades and crafts.
To inform its decision or opinion, the commission hears any person whose opinion is of interest. Without taking part in the vote, the qualified persons appointed by the Chamber of Commerce and Industry and the Chamber of Trades and Crafts present the situation of the economic fabric in the relevant trading zone and the impact of the project on this economic fabric.
IV.In Corsica, it is made up of:
1° The following seven elected representatives:
a) The mayor of the commune in which the project is located or their representative;
b) The president of the public inter-communal cooperation establishment with its own tax system, of which the commune in which the project is located is a member, or their representative;
c) The president of the mixed syndicate or public inter-communal cooperation establishment mentioned in article L. 143-16 du code de l'urbanisme chargé du schéma de cohérence territoriale dans le périmètre dans lequel est située la commune d'implantation ou son représentant ou, à défaut, le maire de la commune la plus peuplée de l'arrondissement ou, à défaut, un conseiller à l'Assemblée de Corse élu en son sein;
d) Le président du conseil exécutif de Corse ou son représentant;
e) A councillor to the Assembly of Corsica elected from among its members;
f) A member representing the mayors at departmental level;
g) A member representing the inter-communalities at departmental level;
Where one of the elected representatives holds more than one of the mandates mentioned in a to g of this 1°, he/she shall only sit in respect of one of his/her mandates. Where applicable, the deliberative body or bodies from which he or she comes designate his or her replacement for each of the mandates in respect of which he or she cannot sit;
2°Four qualified personalities, two in consumer affairs and consumer protection and two in sustainable development and regional planning.
3°Three qualified personalities representing the economic fabric: one designated by the chamber of commerce and industry, one designated by the chamber of trades and crafts and one designated by the chamber of agriculture.
When the project's catchment area extends beyond the boundaries of the département, the State representative in the département completes the composition of the commission by appointing at least one elected representative and one qualified personality from the other département.
The commission hears any person likely to be able to enlighten its decision or opinion. Without taking part in the vote, the persons appointed by the Chamber of Commerce and Industry and the Chamber of Trades and Crafts present the state of the economic fabric in the relevant catchment area and the impact of the project on this economic fabric. The person appointed by the Chamber of Agriculture presents the latter's opinion when the proposed commercial development consumes agricultural land.
V.-The Chamber of Commerce and Industry, the Chamber of Trades and Crafts and the Chamber of Agriculture may, at the request of the State representative in the department, carry out specific studies on the organisation of the economic, commercial and craft fabric or the consumption of agricultural land prior to analysing the application for authorisation to operate a commercial business. In this case, the State representative must submit his request at least one month before the application is examined by the departmental commission for commercial development.
