Section 3: Appeals against the decision of the departmental committee.

One month before the date on which the project is due to open to the public, the beneficiary must send the representative of the State in the department, the mayor and the chairman of the public establishment for inter-communal cooperation with its own tax system, of which the commune in which the project is to be implemented is a member, a certificate drawn up at the beneficiary's expense by a body authorised by the representative of the State in the department, attesting to compliance with the commercial development authorisation issued to the beneficiary or with articles L. 752-1-1 and L. 752-2.

If the certificate is not issued within the prescribed timeframe, the operation of the surfaces concerned is deemed to be unlawful.

If the certificate is not issued within the prescribed timeframe, the project is deemed to be unlawful. If the certificate is not issued within the prescribed period, the areas concerned will be deemed to be unlawful.

II.The agents mentioned in article L. 752-5-1 and the agents authorised by the municipality or by the public establishment for inter-communal cooperation with its own tax system, if it is competent, establishing the unlawful operation of a sales area or, in the case of permanent points for the withdrawal of retail purchases by customers, the operation of an unauthorised floor area or number of supply lanes, draw up a report which they send to the State representative in the department in which the project is located.

The State representative in the department in which the project is located is responsible for issuing the certificate. The representative of the State in the département will give formal notice to the operator concerned either to close the illegally operated sales areas to the public, in the case of a new project, or to reduce the sales area to the level authorised by the relevant commercial development commission, within three months of the date on which the infringement report is sent to the petitioner. Without prejudice to the application of criminal penalties, failing this, it will issue an order, within a period of fifteen days, to close the unlawfully operated sales areas to the public until the situation has been rectified. These measures will be accompanied by a daily penalty payment of up to €150 per square metre illegally operated.

In the case of permanent points for the withdrawal of retail purchases by customers, the surface area referred to in the second paragraph of this II is equal to the sum of the surface areas set out in Article L. 752-16.

Failure to carry out the measures taken by the State representative in the department and provided for in the second paragraph of this II is punishable by a fine of €15,000.

The database referred to in article L. 751-9 lists the certificates issued in accordance with I of this article, the reports on illegal operations referred to in II, the formal notices issued, the deposits ordered, the restoration work carried out ex officio, the closure orders issued and the fines imposed by the representatives of the State in the départements in application of II of this article or article L. 752-1.

III.-The terms and conditions for the application of this article are set out in article L. 751-9. III.-The detailed rules for the application of this article are determined by decree in the Council of State.