46
EUROPEAN COMMISSION Internal Market and Services DG Director General RETAIL MARKETING MONITORING The Commission is currently, in the light of the economic crisis, preparing a Communication on the functioning of the retail market – a Communication which is due to be adopted by the Commission in autumn 2009. This retail monitoring exercise stems from the Single Market Review and its objective is to provide a factual and comprehensive analysis of the entire sector so as to identify possible market malfunctioning and ensure effective and co- ordinated multi-faceted policy responses. The Communication seeks to respond to the current economic crisis in four ways. A smooth functioning Internal Market for retail services should play a key role in signalling demand trends in terms of price and quality of products to supplying businesses allowing them to maximise their return on investment. This should assist in moving the EU economy out of the current recession. Likewise, as one of the largest employer's in the services economy that recruits locally and offers opportunities for unskilled employees, the sector's sustainable job creation potential should be maximised. Third retailing, as a major user of ICT and electrical energy, has a key role to play in encouraging sustainable development notably through the diffusion of new technology. Its innovative function should be maximised. Finally, during the crisis, it is essential that all EU citizens have accessibility to a wide choice of affordable necessities. In this last respect the provision of such services to the less socially well-off EU citizens in deprived inner city and rural areas must be a priority of any policy focus in this domain. Since the Commission must act quickly in this field and given the impossibility of assessing the services offered by European Commission, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

Retail market Monitoring: Questionnaire

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Page 1: Retail market Monitoring: Questionnaire

EUROPEAN COMMISSIONInternal Market and Services DG

Director General

RETAIL MARKETING MONITORING

The Commission is currently, in the light of the economic crisis, preparing a Communication on the functioning of the retail market – a Communication which is due to be adopted by the Commission in autumn 2009.

This retail monitoring exercise stems from the Single Market Review and its objective is to provide a factual and comprehensive analysis of the entire sector so as to identify possible market malfunctioning and ensure effective and co-ordinated multi-faceted policy responses.

The Communication seeks to respond to the current economic crisis in four ways. A smooth functioning Internal Market for retail services should play a key role in signalling demand trends in terms of price and quality of products to supplying businesses allowing them to maximise their return on investment. This should assist in moving the EU economy out of the current recession. Likewise, as one of the largest employer's in the services economy that recruits locally and offers opportunities for unskilled employees, the sector's sustainable job creation potential should be maximised. Third retailing, as a major user of ICT and electrical energy, has a key role to play in encouraging sustainable development notably through the diffusion of new technology. Its innovative function should be maximised. Finally, during the crisis, it is essential that all EU citizens have accessibility to a wide choice of affordable necessities. In this last respect the provision of such services to the less socially well-off EU citizens in deprived inner city and rural areas must be a priority of any policy focus in this domain.

Since the Commission must act quickly in this field and given the impossibility of assessing the services offered by retailers to suppliers in the many thousands of product chains involved, the Commission has decided to focus its attention on five generic supply chains. These are the grocery, pharmacy, textiles, electronic goods and recreational goods supply chains.

I look forward to cooperating with you in this exercise.Many thanks for your participation.

Yours sincerely,

Jörgen Holmquist

European Commission, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

Page 2: Retail market Monitoring: Questionnaire

Retail Market Monitoring: Questionnaire.

The two-fold aim of this Communication is to (i) determine any key market malfunctioning in the retail sector that the Commission and the Member States should seek to resolve through policy actions at the appropriate level and (ii) propose a number of performance indicators that will be used to gauge the effectiveness of any such future policy responses.

The aim of this questionnaire is to collect information that will be used by the Commission's services to prepare a Communication on Market Monitoring for the Retail trade sector in the EU. The Commission has decided to focus its attention on five generic supply chains. These are the grocery, pharmacy, textiles, electronic goods and recreational goods supply chains.

The questionnaire seeks to collect qualitative information about problems arising from current national regulatory conditions that apply to retail services across the Member States, and the efficiency of these rules in meeting their underlying public interest objectives.

It is an open questionnaire addressed to Member States authorities as well as European and national stakeholders.

The questionnaire is long but the Commission does not expect all stakeholders to reply to all sections/questions but rather to provide responses to those sections of most relevance for their operations. The Retail Market Monitoring Questionnaire is therefore divided into two parts:

- Part A (Stakeholders): 8 questions (a) – (h) are put up front. These questions seek to provide a snap-shot of where stakeholders perceive problems on the retail market and the type of problem. We hope that stakeholders will be able to respond to all 8 questions. The main questionnaire consists of 57 questions aiming to provide a more detailed picture of the retail market. We hope that you can provide responses to those sections of most relevance for your operations.

- Part B (Member States and national authorities), 37 questions, primarily relating to national legislation, codes and framework conditions.

Overview:

Section Stakeholders(short)

Stakeholders(complete)

Member States(complete)

1. Establishment Question a Questions 1-19 Questions 1-10

2. Contractual relations Question b Questions 20-32 Questions 11-19

3. Use of inputs Question c - d Questions 33-41 Questions 20-24

4. Promotions Question e Questions 42-45 Questions 25-28

5. Sales conditions Question f Questions 48-50 Questions 29-32

6. After sales Question g Questions 51-54 Questions 33-35

7. Waste and recycling Question h Questions 55-57 Questions 36-37

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Page 3: Retail market Monitoring: Questionnaire

You must send us your responses by 5 June 2009. You may complete the whole questionnaire or just the section(s) that interest/concern you or your organisation.

Send your responses to the questions (in any of the EU’s 23 official languages) either by e-mail to [email protected] or by post to:

European Commission,DG Internal Market and services,Unit E2 - Services II,SPA2 6/56,B-1049 Brussels,Belgium

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Page 4: Retail market Monitoring: Questionnaire

Name (contact person):      

Name of organisation/business (where appropriate):     

Postal and e-mail address:     

Relevant sector(s):

Electronic goodsGroceryPharmacy

Recreational goods (*)TextilesOther

(*) (e.g. books, music, films, toys and specialised sports goods other than textiles

What is your interest in the retail sector? (if relevant select more than one interest)

EstablishmentFranchisingMicro enterprisesCommercial planningSupplier of goodsImporterLabellingHealth and safety issuesLabour law/issuesEnergy related issues

Waste recyclingICTTransport and logisticsSupplier of promotionsWholesaleRetailPayment services (linked to retail)After sales servicesOther (please specify):      Other (please specify):      

In which Member State do you operate?

AustriaBelgiumBulgariaCyprusCzech RepDenmarkEstonia

FinlandFranceGermanyGreeceHungaryIrelandItaly

LatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugal

RomaniaSlovakiaSloveniaSpainSwedenUK

Please indicate a name of a contact person, telephone number and or e-mail address if you would be willing for Commission staff to ask follow-up questions:      

If you have any questions or would like to contact us before sending your reply, please send a message to [email protected]

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Page 5: Retail market Monitoring: Questionnaire

Part A

Questions to stakeholders

(Other than Member States)

- Questions (a) – (h) seek to provide a snap-shot of where you perceive problems on the EU retail market and the type of problem

- Questions 1 – 42, seek to provide a more detailed picture of the EU retail market

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Please state the Member State you are responding about. If several, please provide separate answers for each Member State.

AustriaBelgiumBulgariaCyprusCzech RepDenmarkEstonia

FinlandFranceGermanyGreeceHungaryIrelandItaly

LatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugal

RomaniaSlovakiaSloveniaSpainSwedenUK

Establishment of retail outlets (see also the main Questionnaire section 1)

(a) In which of the following areas do you think there are discouraging/prohibitive compliance costs or other difficulties linked to national regulations//codes/framework conditions:

Commercial development in terms of the purchase of land and establishment of retail outlets?

Building requirements or requirements to set up of retail establishment (general or for certain sectors)

The modification or extension of existing retail outlets?

The establishment of a new pharmacy?

Rental contracts for commercial properties.

Business/tax registration perspective for Micro-retail businesses (business with independent owner /operator where the business may be a secondary source of income for the owner).

Conditions applying to the establishment of a franchised retail business?

Conditions applying to upstream or downstream vertical integration in the retail chain for retailing (for example into wholesaling by a retailer or into a factory outlet by a supplier).

Conditions applying to upstream or downstream vertical integration in the retail chain for pharmacy (for example into wholesaling by a pharmacist or into a pharmacy outlet by a wholesaler).

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Page 7: Retail market Monitoring: Questionnaire

Contractual relationships with suppliers (see also the main Questionnaire section 2)

(b) In which of the following areas do you think there are discouraging/prohibitive compliance costs or other difficulties linked to national regulations//codes/framework conditions:

Conditions applying to listing and delisting fees (restrictions on levels/minimum notification periods).

Conditions applying to own label contracts.

Conditions applying to joint sales contracts covering both discount and branded product lines.

Conditions applying to contractual agreements between suppliers and retailers regarding ethical (social/environmental/fair trade) schemes.

Conditions applying to certification and audit services used to certify/audit such ethical sourcing schemes.

Conditions applying to payment delays.

Use of inputs. (see also the main Questionnaire section 3)

(c) In which of the following areas do you think there are discouraging/prohibitive compliance costs or other difficulties linked to national or regional rules/agreements applying to staff working in retail outlets:

rules for working hours

rules for short-term vs. permanent contracts

rules for wage agreements

measures seeking to encourage/facilitate working by mothers

measures seeking to encourage/facilitate working by disabled

measures seeking to encourage/facilitate working by third country immigrant citizens

measures seeking to encourage/facilitate working by staff aged over 50

other (please specify):      

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(d) In which of the following areas do you think there are discouraging/prohibitive compliance costs or other difficulties linked to national or regional rules/standards:

on energy efficiency applying to differing forms of retail outlets

on logistics (e.g. delivery times, road rules or truck driving on Sundays)

on limitations applied to retailers owning their own banks or contracting with banks to offer payment and credit facilities?

on limitations applied to combined credit/loyalty cards offered by retailers?

imposing "chargeback" on credit card use?

Commercial communications/ Promotions (see also the main Questionnaire section 4)

(e) In which of the following areas do you think there are discouraging/prohibitive compliance costs or other difficulties linked to national or regional rules/standards:

joint offers and loyalty cards?

the use and advertising of sales promotions by retailers (in particular discounts, premiums, promotional contest and games)?

the use of sales promotions for the retailing of certain products: OTC pharmaceuticals

the use of sales promotions for the retailing of certain products: books

the use of sales promotions for the retailing of certain products: grocery (including food and beverage) products

the use of sales promotions for the retailing of certain products: other products (please specify which):      

Sales conditions (see also the main Questionnaire section 5)

(f) Are there any specific national or regional rules/standards that are discouraging/prohibitive on:

opening hours of retail outlets?

opening hours of pharmacies?

geographical distribution of particular retail outlets (e.g. pharmacies)?

limitations on home delivery for retail services (including pharmacies).

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After sales (see also the main Questionnaire section 6)

(g) Are there any specific national or regional rules/standards that are discouraging/prohibitive relating to:

liability for damaged/faulty products?

product guarantees for which retailers have responsibility?

extended guarantees offered by retailers?

Waste and recycling (see also the main Questionnaire section 7)

(h) Are there any specific national or regional rules/standards that are discouraging/prohibitive relating to:

waste and recycling imposed on retailers?

disposals (of perishables)?

* * * * *

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Page 10: Retail market Monitoring: Questionnaire

Questions to provide a more detailed picture of the retail market

Please state the Member State you are responding about. If several, please provide separate answers for each Member State.

AustriaBelgiumBulgariaCyprusCzech RepDenmarkEstonia

FinlandFranceGermanyGreeceHungaryIrelandItaly

LatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugal

RomaniaSlovakiaSloveniaSpainSwedenUK

Section 1. Establishment of retail outlets

1. Have you experienced any problems or difficulties linked to national regulations in relation to:

(a) Commercial development in terms of the purchase of land and establishment of retail outlets?

NoYes

If, yes, please specify:      

(b) The modification or extension of an existing retail outlets?

NoYes, relating to the modification of an existing retail outletYes, relating to the extension of an existing retail outlet

If, yes, please specify:      

(c) The establishment of a new pharmacy?

NoYes

If, yes, please specify:      

2. Have you experienced any problems or difficulties linked to national regulations or procedures in relation to building requirements or set up of retail establishment, whether general or per sector?

No

Yes, (please specify sectors and describe the problem/difficulty):      

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If yes, are these rules enforced by means of an authorisation procedure to put the premises into operation (i.e. the premises would not be authorised by public health or other competent authorities to be put into operation if the rules/guidelines, code of good practice were not adhered to)?      

3. Do you believe that it is easy to establish a new or modify an existing:

(a) retail outlet?

YesNoI don't know

If not, why not?      

(b) Pharmacy?

YesNoI don't know

If not, why not?      

4. Do these rules ensure that retail/pharmacy services are accessible to all citizens?      

If not, why not?      

5. Is there a national trade association for:

(a) shop owners? If so, please give details:      

(b) commercial property developers? If so, please give details:      

(c) pharmacy owners, If so, please give details:      

6. Have you experienced any problems or difficulties linked to national rules/codes/framework conditions applying to rental contracts for commercial properties?

Yes No

If yes, please specify:      

7. Given these rules and framework conditions, do you believe it is easy to rent commercial sites for retail purposes?

YesNoNo opinion

If not, why not?      

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8. Is there a national trade association for:

(a) retail outlet tenants? If so, please give details:      

(b) retail/commercial property landlords? If so, please give details:      

Establishment of retail businesses for certain forms of companies (Micro-retail, franchise retail and vertically integrated retail businesses).

A Micro-retail businesses (business with independent owner /operator where the business may be a secondary source of income for the owner).

9. Are there specific, and more simple (from a business/tax registration perspective), national rules applying to the establishment of micro-retail businesses?      

10. Is there a national trade association representing these businesses?

Yes, I am a memberYes, but I am not a memberNoI don't know

If possible, please give details:      

11. Is this legislation is effective to dissuade black economy working in the sector? Or do you think it has another objective?      

B. Franchise retail businesses

12. Are there any specific, national rules/framework conditions applying to the establishment of franchise retail businesses?      

13. Is there a national trade association representing franchisors and franchisees in the retail sector?

Yes, I am a memberYes, but I am not a memberNoI don't know

If yes, please give details:      

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14. Given the existing national rules, do you believe that it is easy and profitable to set up a franchised retail outlet?      

If not, why not?      

15. Given the existing national rules, do you believe that it is straightforward to roll out a franchised retail network?      

If not, why not?      

C. Vertically integrated retail businesses

16. Are there any specific, national rules/framework conditions applying to upstream or downstream vertical integration in the retail chain (for example into wholesaling by a retailer or into a factory outlet by a supplier);

(a) for retailing?

Yes (please specify):      NoI don't know

(b) for pharmacy?

Yes (please specify):      NoI don't know

17. If applicable, do you believe that it is easy to integrate vertically into wholesaling (central buying) or into retailing (factory outlet)?      

If not, why not?      

18. Is there a national trade association representing:

(a) vertically integrated retail buying groups?

Yes, I am a memberYes, but I am not a memberNoI don't know

If yes, please give details:      

(b) factory outlets?

Yes, I am a memberYes, but I am not a memberNoI don't know

If yes, please give details:      

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19. Do you believe that such restrictions ensure sufficient independence/competition in the respective retail/pharmacy supply chains?      

Section 2. Contractual relationships with suppliers

A. Commercial practices

20. Are there any specific national or regional rules/codes/framework conditions applying to listing and delisting fees (restrictions on levels/minimum notification periods)?

YesNoI don't know

If yes, please provide details:      

21. Are there any specific national or regional rules/codes/framework conditions applying to shelf or in-store positioning fees?

YesNoI don't know

If yes, please provide details:      

22. Are there any specific national or regional rules/codes/framework conditions applying to sales below cost including associated definitions of cost prices?

YesNoI don't know

If yes, please provide details:      

23. Are there any specific national or regional rules/codes/framework conditions applying to promotional fees for in-store or on-pack joint promotions between manufacturers and retailers?

YesNoI don't know

If yes, please provide details:      

24. Are there any specific national or regional rule/codes/framework conditions applying to commercial agreements between retailers and manufacturers regarding waste recycling and product safety costs?

YesNoI don't know

If yes, please provide details:      

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25. Are there any specific national or regional rule/codes/framework conditions applying to payment conditions between retailers and manufacturers?

YesNoI don't know

If yes, please provide details:      

26. Do you believe that these rules ensure protection against unfair competition or other public interest objectives?

Yes, they ensure protection against unfair competitionYes, they ensure other public interest objectives (please specify):      No, I don’t think they ensure protection against unfair competition or any other public

interest objectivesNo opinion

B. Own label contracts

27. Are there any specific national or regional rules/codes/framework conditions applying to own label contracts?

YesNoI don't know

If yes, please provide details:      

28. Are there any specific national or regional rules/codes/framework conditions applying to joint sales contracts covering both discount and branded product lines?

YesNoI don't know

If yes, please provide details:      

29. Do you believe that these rules ensure protection against unfair competition or other public interest objectives?

Yes, they ensure protection against unfair competitionYes, they ensure other public interest objectives (please specify):      No, I don’t think they ensure protection against unfair competition or any other public

interest objectivesNo opinion

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C. Sourcing/certification quality commitments

30. Are there any specific national or regional rules/codes/framework conditions applying to contractual agreements between suppliers and retailers regarding ethical (social/environmental/fair trade) schemes?      

31. Are there any specific national or regional rules/codes/framework conditions applying to certification and audit services used to certify/audit such ethical sourcing schemes?      

32. Are these rules encouraging more ethical supply chains within the Internal Market?      If not, why not?      

Section 3. Use of inputs

A. Employees

33. Are there any specific details of national or regional rules/agreements applying to staff working in retail outlets?

(a) rules for working hours

Yes (please specify):      NoDon't know

(b) rules for short-term vs. permanent contracts

Yes (please specify):      NoDon't know

(c) rules for wage agreements

Yes (please specify):      NoDon't know

(d) measures seeking to encourage/facilitate working by parents of young children

Yes (please specify):      NoDon't know

(e) measures seeking to encourage/facilitate working by disabled persons

Yes (please specify):      NoDon't know

16

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(f) measures seeking to encourage/facilitate working by third country immigrant citizens

Yes (please specify):      NoDon't know

(g) measures seeking to encourage/facilitate working by staff aged over 50

Yes (please specify):      NoDon't know

(h) other (please specify)

34. Does this regulatory framework allow for qualitative / sustainable employment growth in the retail sector?      

If not, why not?      

B. Logistics

35. Are there specific national or regional rules/guidelines/codes applying to logistics in respect of:

(a) delivery times to retail outlets/pharmacies

Yes (please specify):      NoDon't know

(b) road rules that effect supply and restocking

Yes (please specify):      NoDon't know

(c) truck driving on Sundays and public holidays

Yes (please specify):      NoDon't know

(d) other (please specify):      

C. Energy use

36 Are there any specific national or regional rules/standards on energy efficiency applying to differing forms of retail outlets?

Yes (please specify):      NoDon't know

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37. Do you believe this encourages energy efficiency and the diffusion of new energy saving technology within the retail sector?      

If not, why not?      

D. Payment systems

38. Are there any specific national/regional rules/standards on limitations applied to retailers owning their own banks or contracting with banks to offer payment and credit facilities?

Yes (please specify):      NoDon't know

39. Are there any specific national/regional rules/standards on limitations applied to combined credit/loyalty cards offered by retailers?

Yes (please specify):      NoDon't know

40. Are there any specific national rules/standards imposing "chargeback" on credit card use?

Yes (please specify):      NoDon't know

41. Do you believe these rules allow for the use of efficient payment services within the retail sector?      If not, why not?      

Section 4. Commercial communications/ Promotions42. Are there any specific national or regional rules/standards on joint offers and loyalty

cards?

Yes (please specify):      NoDon't know

43. Are there any specific national or regional rules/standards on the use and advertising of sales promotions by retailers (in particular discounts, premiums, promotional contest and games)?

Yes (please specify):      NoDon't know

18

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44. Are there any specific national or regional rules/standards specifically applied to the use of sales promotions for the retailing of certain products?

(a) OTC pharmaceuticals

Yes (please specify):      NoDon't know

(b) Books

Yes (please specify):      NoDon't know

(c) Grocery (including food and beverage) products

Yes (please specify):      NoDon't know

(d) Other products (please specify which):      

45. Do these rules ensure efficient, non-in-house and informative commercial communication campaigns within the retail market?      

If not, why not?      

Section 5. Sales conditions.46. Are there any specific national or regional rules/standards on opening hours of retail

outlets?

Yes (please specify):      NoDon't know

47. Are there any specific national or regional rules/standards on opening hours of pharmacies?

Yes (please specify):      NoDon't know

48. Are there any specific national or regional rules/standards imposing a geographical distribution of particular retail outlets (e.g. pharmacies)?

Yes (please specify):      NoDon't know

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49. Are there any specific national or regional rules imposing limitations on home delivery for retail services (including pharmacies)?

Yes (please specify):      NoDon't know

50. Do these rules ensure good accessibility to retail services?      If not, why not?      

Section 6. After sales51. Are there any specific national or regional rules/standards relating to liability for

damaged/faulty products?

Yes (please specify):      NoDon't know

52. Are there any specific national or regional rules/standards relating to product guarantees for which retailers have responsibility?

Yes (please specify):      NoDon't know

53. Are there any specific national rules/standards relating to extended guarantees offered by retailers?

Yes (please specify):      NoDon't know

54. Do these rules ensure an efficient after sales service in the Member State?      If not, why not?      

Section 7. Waste and recycling55. Are there any specific national ore regional rules/standards relating to waste and recycling

imposed on retailers?      

56. Are there any specific national or regional rules /standards relating to disposals (of perishables)?      

57. Do these rules ensure an efficient disposal of waste/recycling by retailers in the Member State?      If not, why not?      

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Part B

Questions to the Member States

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Please state the Member State you represent.

AustriaBelgiumBulgariaCyprusCzech RepDenmarkEstonia

FinlandFranceGermanyGreeceHungaryIrelandItaly

LatviaLithuaniaLuxembourgMaltaNetherlandsPolandPortugal

RomaniaSlovakiaSloveniaSpainSwedenUK

Section 1. Establishment of retail outlets1. Are there any specific national or regional rules/codes/framework conditions applying to

commercial development in terms of the purchase of land and establishment of retail outlets?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to establish a new shop:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

2. Are there any specific national rules/guidelines/codes of goods practice or procedures that impact on building requirements or set up of retail establishment, whether general or per sector?

No

Yes, general rules exists (please describe these rules, criteria and procedures):      

Yes, specific rules apply for certain sectors (please specify and provide details of rules, criteria and procedures):      

If yes, are these rules enforced by means of an authorisation procedure to put the premises into operation (i.e. the premises would not be authorised by public health or other competent authorities to be put into operation if the rules/guidelines, code of good practice were not adhered to)?      

3. Are there any specific national or regional rules/codes/framework conditions applying to commercial development in terms of the extension of retail outlets?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to extending or modifying an existing shop:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

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4. Are there any specific national or regional rules/codes/framework conditions applying to the establishment of a new pharmacy?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to the establishment of a new pharmacy:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

5. Are there any specific national rules/codes/framework conditions applying to rental contracts for commercial properties?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to rental contracts for commercial properties:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

Establishment of retail businesses for certain forms of companies

A. Micro-retail businesses (business with independent owner /operator where the business may be a secondary source of income for the owner)

6. Are there any specific national rules applying to the establishment of micro-retail businesses (e.g. secondary on-line retail businesses run by individuals whose primary source of income if from alternative employment)?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to the establishment of micro-retail businesses:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

7. What are the rules/authorisations to start a micro-retail business? Are there specific rules if the businessman has also another employment?      

B. Franchise retail businesses

8. Are there any specific national rules/framework conditions applying to the establishment of franchise retail businesses?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to the establishment of franchise retail businesses?      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

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C. Vertically integrated retail businesses

9. Are there any specific national rules/framework conditions applying to upstream or downstream vertical integration in the retail chain (for example into wholesaling by a retailer or into a factory outlet by a supplier)?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to the upstream or downstream vertical integration in the retail chain:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

10. Given these rules, do you believe that it is easy to integrate vertically into wholesaling (central buying) or into retailing (factory outlet)?      

If not, why not?      

Section 2. Contractual relationships with suppliers

A. Commercial practices

11. Are there any specific national or regional rules/codes/framework conditions applying to listing and delisting fees (restrictions on levels/minimum notification periods)?

No

Yes, please provide details and specify what are the criteria and procedures applied to listing and delisting fees:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

12. Are there any specific national or regional rules/codes/framework conditions applying to shelf or in-store positioning fees?

No

Yes, please provide details and specify what are the criteria and procedures applied to shelf or in-store positioning fees:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

13. Are there any specific national or regional rules/codes/framework conditions applying to sales below cost including associated definitions of cost prices?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to sales below cost:      

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If yes, what is/are the public interest objective(s) justifying these specific rules?      

14. Are there any specific national or regional rules/codes/framework conditions applying to promotional fees for in-store or on-pack joint promotions between manufacturers and retailers?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to promotional fees for in-store or on-pack joint promotions:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

15. Are there any specific national or regional rule/codes/framework conditions applying to commercial agreements between retailers and manufacturers regarding waste recycling and product safety costs?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to such commercial agreements:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

B. Own label contracts

16. Are there any specific national or regional rules/codes/framework conditions applying to own label contracts?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to own label contracts:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

17. Are there any specific national or regional rules/codes/framework conditions applying to joint sales contracts covering both discount and branded product lines?

No, only general rules/conditions apply.

Yes, please provide details and specify what are the criteria and procedures applied to such joint sales contracts:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

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C. Sourcing/certification quality commitments

18. Are there any specific national or regional rules/codes/framework conditions applying to contractual agreements between suppliers and retailers regarding ethical (social/environmental/fair trade) schemes?

No.

Yes, please provide details and specify what are the criteria and procedures applied to such contractual agreements between suppliers and retailers:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

19. Are there any specific national or regional rules/codes/framework conditions applying to certification and audit services used to certify/audit such ethical sourcing schemes?

No.

Yes, please provide details and specify what are the criteria and procedures applied to such contractual agreements between suppliers and retailers:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

Section 3. Use of inputs

A. Employees

20. Are there any specific national or regional rules/agreements applying to staff working in retail outlets?

(a) rules/agreements applying to working hours

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(b) rules/agreements applying to short-term and permanent contracts

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(c) rules/agreements applying to wage agreements

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(d) rules/agreements or measures seeking to encourage/facilitate working by parents of young children

Yes (please specify):      No, general rules apply

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Please describe the general rules:      

(e) rules/agreements or measures seeking to encourage/facilitate working by disabled persons

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(f) rules/agreements or measures seeking to encourage/facilitate working by third country immigrant citizens

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(g) rules/agreements or measures seeking to encourage/facilitate working by staff aged over 50.

Yes (please specify):      No, general rules apply

Please describe the general rules:      

(h) other (please specify):      

B. Logistics

21. Are there specific national or regional rules/guidelines/codes relating to logistics in respect of:

(a) delivery times to retail outlets/pharmacies

Yes (please specify):      NoDon't know

(b) road rules that effect supply and restocking

Yes (please specify):      NoDon't know

(c) truck driving on Sundays and public holidays

Yes (please specify):      NoDon't know

(d) other (please specify):      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

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C. Energy use

21. Are there any specific national or regional rules/standards on energy efficiency applying to differing forms of retail outlets?

No, there are no national or regional rules/standards on energy efficiency

No, general rules/standards on energy efficiency apply (please provide details):      

Yes, please provide details and specify the rules/standards that apply:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

D. Payment systems

22. Are there any specific national/regional rules/standards on limitations applied to retailers owning their own banks or contracting with banks to offer payment and credit facilities?

No.

Yes, there are limitations applied to retailers owning their own banks

Yes, there are limitations applied to retailers contracting with banks to offer payment and credit facilities

If yes, please provide details:      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

23. Are there any specific national/regional rules/standards on limitations applied to combined credit/loyalty cards offered by retailers?

No.

Yes, there are limitations applied to combined credit/loyalty cards offered by retailers (please provide details):      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

24. Are there any specific national rules/standards imposing "chargeback" on credit card use?

No.

Yes (please provide details):      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

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Section 4. Commercial communications/ Promotions25. Please provide details of national or regional rules/standards on joint offers and loyalty

cards:      

What is/are the public interest objective(s) justifying these specific rules?      

26. Please provide details of national or regional rules/standards on the use and advertising of sales promotions by retailers (in particular discounts, premiums, promotional contest and games):      

What is/are the public interest objective(s) justifying these specific rules?      

27. Are there any specific national/regional rules relating to unfair commercial practices that will continue to apply for promotions with reference to article 3.5 of Directive 2005/29/EC (Directive on unfair commercial practices)?

No

Yes, please specify which rules and why it is essential that the relevant rules remain in place (in particular why the rules are necessary and proportionate to protect consumers):      

If yes, what is/are the public interest objective(s) justifying these specific rules?      

28. Where applicable, please provide details of national or regional rules/standards specifically applied to the use of such promotions for the retailing of:

(a) OTC pharmaceuticals

(b) Books

(c) Grocery products(including food and beverage).

     

What is/are the public interest objective(s) justifying such specific rules?      

Section 5. Sales conditions.29. Please provide details of national or regional rules/standards on opening hours of retail

outlets:      

What is/are the public interest objective(s) justifying these specific rules?      

30. Please provide details of national or regional rules/standards on opening hours of pharmacies:      

What is/are the public interest objective(s) justifying these specific rules?      

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31. Please provide details of national or regional rules/standards imposing a geographical distribution of particular retail outlets (e.g. pharmacies):      

What is/are the public interest objective(s) justifying these specific rules?      

32. Please provide detail of national or regional rules imposing limitations on home delivery for retail services (including pharmacies):      

What is/are the public interest objective(s) justifying these specific rules?      

Section 6. After sales33. Please provide details of national or regional rules/standards relating to liability for

damaged/faulty products:      

What is/are the public interest objective(s) justifying these specific rules?      

34. Please provide details of national or regional rules/standards relating to product guarantees for which retailers have responsibility:      

What is/are the public interest objective(s) justifying these specific rules?      

35. Please provide details of national rules/standards relating to extended guarantees offered by retailers:      

What is/are the public interest objective(s) justifying these specific rules?      

Section 7. Waste and recycling36. Please provide details of national ore regional rules/standards relating to waste and

recycling imposed on retailers:      

What is/are the public interest objective(s) justifying these specific rules?      

37. Please provide details of national or regional rules /standards relating to disposals (of perishables):      

What is/are the public interest objective(s) justifying these specific rules?      

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