Subsection 2: Authorisation to set up within a reference area

The authorisations referred to in Article L. 761-5 shall be issued by the competent authority referred to in Article R. 761-7.

For the application of article L. 761-5, projects for the establishment or extension of premises or groups of premises intended to receive, for the purpose of non-retail sales, products included on the list referred to in this article mean: 1° Projects for new buildings, extensions to existing buildings and conversions of premises where the purpose or effect of these projects is to create a sales area for these products exceeding…

Any person wishing to carry out a project subject to authorisation pursuant to article L. 761-5 shall send their application to the prefect by registered letter with acknowledgement of receipt, by depositing it against a receipt or by electronic means. In the latter case, the electronic acknowledgement of receipt is sent without delay.

The authorisation application comprises two parts. The first part gives details identifying the applicant, the products whose wholesale is envisaged, the surface areas envisaged by the project as well as, where applicable, the surface areas currently operated by the applicant and the specific technical constraints of its project.Attached to this part of the authorisation application are documents attesting to the applicant’s registration in the Trade and Companies Register or an…

If the file contains all the documents required to examine the application for authorisation, the prefect will send the applicant, within fifteen days of receipt of the application, a receipt of deposit, which will mention the date before which the decision must be notified to the applicant and which will advise the applicant of the fact that, if no decision has been sent to the applicant before this date, the…

The period for examining the application for authorisation is three months. It runs from the date of the discharge or the notice of receipt or the electronic acknowledgement of receipt provided for in article R. 761-12 or, in the event of implementation of the provisions of the second paragraph of Article R. 761-12-2, from receipt of the last document completing the file. The deadline may be extended by one month…

As soon as the application is received, the prefect will send a copy of the first part of the application, as defined in article R. 761-12-1, to the manager of the market of national interest, with a view to finding out whether it has the areas required to carry out the project. The Marché d’Intérêt National manager has six weeks in which to respond, failing which it is deemed not…

The file initially sent by the applicant may include only the first part of the application as defined in Article R. 761-12-1. In this case, the provisions of Article R. 761-12-2 only apply to the first part of the application and the prefect, when sending the installation proposal presented by the market manager to the applicant, shall inform the applicant that, if he refuses this proposal, he must send the…

The prefect’s decision shall state the reasons on which it is based and shall mention the time limits and channels for appeal. It is notified to the applicant either by administrative means against a receipt, or by registered letter with acknowledgement of receipt, or by electronic mail under the conditions provided for in the fourth paragraph of this article. It is published in the administrative records of the prefecture. Where…