Advanced Search

Order Of 18 September 2002 On A Computerized Inventory Of Business Establishments And Requests For Opening Of Commercial Space Instruction From The Operations Referred To In Articles L. 720 - 1 And Following Of The Co...

Original Language Title: Arrêté du 18 septembre 2002 relatif à un inventaire informatisé des établissements commerciaux et à l'instruction des demandes d'ouverture des surfaces commerciales résultant des opérations mentionnées aux articles L. 720-1 et suivants du co...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF n°227 du 28 septembre 2002 page 15988
text No. 36



Order of September 18, 2002 relating to a computerized inventory of commercial establishments and to the instruction of applications for the opening of commercial surfaces resulting from the operations referred to in Articles L. 720-1 et seq. of the Commercial Code

NOR: ECOC0200114A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/9/18/ECOC0200114A/jo/texte


Minister of Economy, Finance and Industry,
Considering the Council of Europe Convention for the Protection of Persons with regard to the automated processing of personal data, ratified by Act No. 82-890 of 19 October 1982 and published by Decree No. 85-1203 of 15 November 1985;
Considering articles 720-1 and following of the Commercial Code;
Having regard to Act No. 78-17 of 6 January 1978 on computers, freedoms and files;
In view of Decree No. 78-774 of 17 July 1978 adopted for the application of Law No. 78-17 of 6 January 1978 on computers, files and freedoms, as amended by Decrees No. 78-1223 of 28 December 1978, No. 79-421 of 30 May 1979 and No. 80-1030 of 18 December 1980;
Considering Act No. 79-18 of 3 January 1978 on archives;
Having regard to Act No. 89-1008 of 31 December 1989 as amended (art. 9) on the finding of offences under section 720-5;
Having regard to Decree No. 93-306 of 9 March 1993 on the authorization of commercial exploitation of certain retail shops and certain hotel establishments, observatories and commercial equipment commissions, as amended by Decree No. 96-1018 of 26 November 1996;
In view of the letter from the National Commission on Information and Freedoms dated 25 July 2002 bearing number 776 406,
Stop it!

Article 1


The General Directorate of Competition, Consumption and Suppression of Frauds (DGCCRF) is authorized to implement in its deconcentrated services and in the central administration an automated processing of nominal information called BALI, the purpose of which is to allow the instruction of applications for the opening of commercial surfaces, the control of authorized surfaces and the participation in the work of departmental observatories of commercial equipment referred to in Article L. To this end, the application identifies all commercial establishments referred to in Article L. 720-5 of the Commercial Code.

Article 2


The registered name information categories are:
Instruction of records:
- SIREN number;
- name of the company;
- address of the company submitting the application (number, street, postal code, commune, number INSEE of the municipality);
- company telephone number;
- Company fax number;
- e-mail address of the company;
- name of the applicant;
- date of application;
- project location (address, postal code, common code, department);
- subject of the application;
- Principal sign;
- total surface created subject to authorization;
- date of the Departmental Commercial Equipment Commission (CDEC);
- decision of the CDEC;
- detail of the decision (number of voters, yes, no and no, observations);
- date of the National Commission for Commercial Equipment (CNEC);
- CNEC's decision.
Under the census and authorized area control mission:
- SIRET number of the commercial establishment;
- name of the company;
- activity code and activity sector code;
- teaches;
- sales surface and number of fuel supply positions;
- address (number, street, postal code, commune, number INSEE of the commune);
- telephone number of the establishment;
- e-mail address number;
- fax number;
- name of the store manager;
- authorization date;
- SIREN number of the company that operates the store;
- address of the company that operates the store (number, street, postal code, commune);
- company telephone number;
- Company fax number;
- e-mail address of the company;
- name of the company's legal manager who operates the store.

Article 3


The recipients or categories of recipients of this information are:
For both types of treatment:
- Authorized persons of the deconcentrated services of the DGCCRF;
- authorized persons of the Central Services of the DGCCRF.
For census and control only:
- the senior defence official;
- the management of commercial, artisanal and service enterprises;
- the direction of the forecast;
- the National Institute of Statistics and Economic Studies;
- departmental and regional observatories of commercial equipment (ODEC and EREC);
- the National Geographical Institute (IGN), Chambers of Commerce and Industry and Study or Consulting Organisms may not be consigned to any other data of the file other than those relating to the badge, the SIRET number, the address, the nature of the activity and the commercial surfaces, the opening and closing dates of the store.

Article 4


Recorded information about the operating company is updated and retained as long as it is in the SIRENE file of the INSEE. When an application for an opening has been investigated, the identity of applicants is automatically cleared one year after the ECCC notice of the application.

Article 5


The right of opposition under section 26 of the Act of 6 January 1978 referred to above does not apply to the treatment put in place.

Article 6


The right of access provided for in section 34 of the Act of 6 January 1978 referred to above shall be exercised with the heads of competition, consumption and repression of frauds in the department where the applicant is domiciled.

Article 7


The Director General of Competition, Consumer Affairs and the Suppression of Frauds is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, September 18, 2002.


For the Minister and by delegation:

The Director General of Competition,

consumption

and the suppression of fraud,

J. Gallot


Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, weight < 1 MB)