The vicepresident of the
Balearic government and councillor for Economy,
Commerce and Industry, Pere Sampol, presented last Thursday the
Draft
Bill for the Planning of Commercial Activity in the Balearics. What has
been called popularly the Law of Commerce, will be applicable in
commercial activities carried out in the Balearics by traders or those
who represent them, and has the aim to regulate the procedures of
internal commerce in the Balearics and determined forms of selling and
commercial practice, with the objective of controlling and improving
commercial structures.
The draft bill foresees limitations in the sales area of retail
establishments and introduces the concept of a large commercial
establishment. Those with this classification will need the
authorisation from the Council of Economy, Commerce and Industry, prior
to the request for a municipal licence to instal such an activity. The
autonomic permission, extension or change of activity will give rise to
a tax for this concept. The quota for the tax will be 5,000 pesetas per
square metre of showroom and sales to be initiated or extended.
Other establishments that will need authorisation are those generally
known as "all at a hundred" and the like, those called "hard discount"
and the mail order firms, including via Internet.
The draft bill also regulates the opening hours:
- Working days: Each trader will determine the opening and closing
hours of the commercial establishments, and also the days that the
activity will be carried out, with a maximum of 72 hours open per
week. The daily hours may not exceed 12 hours fixed between 7 a.m. and
11 p.m.
- Sundays and holidays: Commercial activity will not be allowed on
Sundays and holidays in the Balearics, except with express permission.
The local town council plenary meetings may authorise the commercial
activity for two holidays.
Excluded from the general hours: Sale of cakes, pastries and bread,
prepared food, press, fuel, flowers and plants and the so called
"convenience shops"; also the establishments in stations, ports,
airports and land, sea and air transport media, and those within
hotels. Also those commercial premises in large tourist areas,
according to the classification of these areas to be set by each town
council; plus authorised travelling markets authorised by the town
councils.
The Draft Bill of Commerce for the autonomy contrasts with the
measures
approved last Friday by the
Central Government which decrees, in
connection with commercial hours, the freedom of opening on Sundays and
holidays for establishments with less than 300 m2 area and gradually
increases the opening on Sundays and holidays from the present eight
days to twelve, one a year, for premises over 300 m2. Finally the
number of hours per week is increased from 72 to 90.
More information:
-
Avantprojecte de Llei d'Ordenació de la Activitat Comercial a les Illes Balears (Conselleria d'Economia, Comerç i Indústria del
Govern de les Illes Balears - 22/6/2000)
-
Plan de medidas para consolidar el crecimiento y la creación de empleo (Consejo de Ministros del Gobierno Central - 23/6/2000)
-
Foro de reflexión y propuestas creado por
PIMECO,
AFEDECO y la
Fundación Instituto Balear para la Investigación del Comercio
(IBIC)