I.-Any professional operating in an economic sector mentioned in III of this article may ask the administrative authority responsible for competition and consumption to formally take a position on the compliance with articles L. 217-21 to L. 217-23 of the commercial guarantee it intends to implement.
The purpose of this formal statement is to protect this professional from a change in assessment by the administrative authority which could expose him to the administrative penalty provided for in article L. 241-14.
The administrative authority formally takes a position on this request within a period set by decree in the Conseil d’Etat.
If the administrative authority remains silent at the end of this period, it will be deemed to have rejected the request.
II.-The validity of the position statement referred to in I expires from the date on which:
1° The professional’s situation is no longer identical to that presented in his application;
2° A change in legislative or regulatory provisions likely to affect this validity has come into force;
3° The administrative authority notifies the professional, after having informed him in advance, of the change in its assessment.
III.-A decree in the Council of State shall specify the economic sectors referred to in I, in which there are particular difficulties with regard to commercial guarantees, assessed on the basis of the scale of the breaches and complaints observed there, the scale of the additional cost borne by consumers linked to the commercial guarantee or the nature and recurrence of the difficulties of interpretation that the rules relating to commercial guarantees give rise to.