Draft Bill for the Planning of Commercial Activity in the Balearics

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)

Date of publication: 25/06/2000

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