Page 242 - CRC_One Report 2021_EN

Business Overview and Performance Corporate Governance Financial Statements Enclosure

to pay damages to the owner of the personal data since SCIA submission. The ban shall not be imposed
accordingly. The Group recognizes great importance of if applicants take necessary measures to comply
complying with the Personal Data Protection Act. with the qualification or the condition within 30 days
The Group has conducted studies, plans, and since being informed by municipal officials.
implementations according to the law, ensuring
that the Group will comply with the law accurately A medium or large retail business need a trade license.
and completely. If applications for the license comply with municipal
officials’ stipulations related to retail plans and
8. Important Draft Laws Related to general regional regulations, municipal officials have
Business Operations the duty to issue the license to applicants. A medium
retail business may open, relocate or expand its area
-None- (to the maximum area allowed for a medium retail
business) with the license issued by municipal officials
B. Italy in its area. In an event that municipal officials do not
reject an application for medium-retail-business license
1. Law on Retail Businesses within a deadline (90 days since the submission of
applications), applicants shall be considered as having
Retail businesses in Italy is under its Legislative Decree been granted the license (in the process known as
114/1998 (“Decree 114/1998”) and other applicable “Silent Consent”).
regional laws. The Decree 114/1998 has categorized
business places into three groups based on their The opening of a large retail business and its expansion
“Sale Surface Area” (It refers to areas for selling activities, are under regional regulations. Operators must comply
shelves, and other similar activities. It excludes storage with commercial-area regulation plans, with their shops
spaces, areas for manufacturing process, offices, adhering to environmental and town-planning rules.
and service points, etc.). Each group of business places To open, relocate, or expand a large retail business,
undergoes different procedures to start its operations. business operators must obtain a permit from municipal
The process for the three groups of business places authorities in their area. Within 60 days since the submission
can be summarized as follows: (a) Small Retail Business of applications, municipal authorities must convene
each with the sale surface area of no more than a committee meeting. This committee shall comprise
150 square meters; (b) Medium Retail Business each with three members namely a representative of the region,
the sale surface area of between 151 square meters and a representative of the province and a representative
1,500 square meters; and (c) Large Retail Business each of the municipality. The permit can be granted only
with the sale surface area of over 1,500 square meters. with the approval from the representative of the
In a municipal area with more than 10,000 residents, region. Regional authorities have the duty to formulate
maximum sale surface areas range between 250 and guidelines governing large retail businesses, including
2,500 square meters. general guideline on when an applicant shall be
considered as having got the permit if there is no clear
A small retail business may start its operation by rejection of their application (no more than 120 days
submitting “SCIA” (SCIA refers to a certificate on since the committee holds its meeting).
the start of operations pursuant to Article 19 of Law
241/1990). Members of the private sector may submit Operators of retail non-food businesses have the duty
SCIA for its activities, without the need to undergo to comply with “Good Reputation” stipulations of
an inspection by state officials. Their operations Article 71 of Legislative Decree 59/2010 (they must not
however are subject to checks to determine if they meet be convicted of several types of crimes). Retail food
laws-prescribed criteria and conditions (Code on business operators shall have to comply with specific
Buildings in Municipal Areas and Zoning Criteria). guideline on their professions too.
If municipal officials find that applicants lack
a qualification or fail to meet any condition prescribed
by laws, they may ban the operation within 60 days

242 Annual Report 2021 (Form 56-1 One-Report)