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Director General
The Commission is currently, in the light of the economic crisis, preparing a Communication
on the functioning of the retail market – a Communication which is due to be adopted by the
Commission in autumn 2009.
This retail monitoring exercise stems from the Single Market Review and its objective is to
provide a factual and comprehensive analysis of the entire sector so as to identify possible
market malfunctioning and ensure effective and co-ordinated multi-faceted policy responses.
The Communication seeks to respond to the current economic crisis in four ways. A smooth
functioning Internal Market for retail services should play a key role in signalling demand
trends in terms of price and quality of products to supplying businesses allowing them to
maximise their return on investment. This should assist in moving the EU economy out of the
current recession. Likewise, as one of the largest employer's in the services economy that
recruits locally and offers opportunities for unskilled employees, the sector's sustainable job
creation potential should be maximised. Third retailing, as a major user of ICT and
electrical energy, has a key role to play in encouraging sustainable development notably
through the diffusion of new technology. Its innovative function should be maximised.
Finally, during the crisis, it is essential that all EU citizens have accessibility to a wide
choice of affordable necessities. In this last respect the provision of such services to the less
socially well-off EU citizens in deprived inner city and rural areas must be a priority of any
policy focus in this domain.
Since the Commission must act quickly in this field and given the impossibility of assessing
the services offered by retailers to suppliers in the many thousands of product chains
involved, the Commission has decided to focus its attention on five generic supply chains.
These are the grocery, pharmacy, textiles, electronic goods and recreational goods supply
chains.
Yours sincerely,
Jörgen Holmquist
The two-fold aim of this Communication is to (i) determine any key market malfunctioning in
the retail sector that the Commission and the Member States should seek to resolve through
policy actions at the appropriate level and (ii) propose a number of performance indicators
that will be used to gauge the effectiveness of any such future policy responses.
The aim of this questionnaire is to collect information that will be used by the Commission's
services to prepare a Communication on Market Monitoring for the Retail trade sector in the
EU. The Commission has decided to focus its attention on five generic supply chains. These
are the grocery, pharmacy, textiles, electronic goods and recreational goods supply chains.
The questionnaire seeks to collect qualitative information about problems arising from
current national regulatory conditions that apply to retail services across the Member
States, and the efficiency of these rules in meeting their underlying public interest objectives.
The questionnaire is long but the Commission does not expect all stakeholders to reply to all
sections/questions but rather to provide responses to those sections of most relevance for their
operations. The Retail Market Monitoring Questionnaire is therefore divided into two parts:
- Part A (Stakeholders): 8 questions (a) – (h) are put up front. These questions seek to
provide a snap-shot of where stakeholders perceive problems on the retail market and the
type of problem. We hope that stakeholders will be able to respond to all 8 questions. The
main questionnaire consists of 57 questions aiming to provide a more detailed picture of
the retail market. We hope that you can provide responses to those sections of most
relevance for your operations.
Overview:
Section Stakeholders Stakeholders Member States
(short) (complete) (complete)
2
You must send us your responses by 5 June 2009. You may complete the whole
questionnaire or just the section(s) that interest/concern you or your organisation.
Send your responses to the questions (in any of the EU’s 23 official languages) either by
e-mail to Markt-RMM-Questionnaire@ec.europa.eu or by post to:
European Commission,
DG Internal Market and services,
Unit E2 - Services II,
SPA2 6/56,
B-1049 Brussels,
Belgium
3
Name (contact person):
Relevant sector(s):
What is your interest in the retail sector? (if relevant select more than one interest)
Please indicate a name of a contact person, telephone number and or e-mail address if you
would be willing for Commission staff to ask follow-up questions:
If you have any questions or would like to contact us before sending your reply, please send a
message to Markt-RMM-Questionnaire@ec.europa.eu
4
Part A
Questions to stakeholders
(Other than Member States)
5
Please state the Member State you are responding about.
If several, please provide separate answers for each Member State.
(a) In which of the following areas do you think there are discouraging/prohibitive
compliance costs or other difficulties linked to national regulations//codes/framework
conditions:
6
Contractual relationships with suppliers (see also the main Questionnaire section 2)
(b) In which of the following areas do you think there are discouraging/prohibitive
compliance costs or other difficulties linked to national regulations//codes/framework
conditions:
Conditions applying to joint sales contracts covering both discount and branded
product lines.
(c) In which of the following areas do you think there are discouraging/prohibitive
compliance costs or other difficulties linked to national or regional rules/agreements
applying to staff working in retail outlets:
7
(d) In which of the following areas do you think there are discouraging/prohibitive
compliance costs or other difficulties linked to national or regional rules/standards:
on logistics (e.g. delivery times, road rules or truck driving on Sundays)
on limitations applied to retailers owning their own banks or contracting with
banks to offer payment and credit facilities?
(e) In which of the following areas do you think there are discouraging/prohibitive
compliance costs or other difficulties linked to national or regional rules/standards:
the use and advertising of sales promotions by retailers (in particular discounts,
premiums, promotional contest and games)?
the use of sales promotions for the retailing of certain products: OTC
pharmaceuticals
the use of sales promotions for the retailing of certain products: books
the use of sales promotions for the retailing of certain products: grocery
(including food and beverage) products
the use of sales promotions for the retailing of certain products: other products
(please specify which):
(f) Are there any specific national or regional rules/standards that are
discouraging/prohibitive on:
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After sales (see also the main Questionnaire section 6)
(g) Are there any specific national or regional rules/standards that are
discouraging/prohibitive relating to:
(h) Are there any specific national or regional rules/standards that are
discouraging/prohibitive relating to:
*****
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Questions to provide a more detailed picture of the retail market
No
10
Yes, (please specify sectors and describe the problem/difficulty):
If yes, are these rules enforced by means of an authorisation procedure to put the
premises into operation (i.e. the premises would not be authorised by public health or
other competent authorities to be put into operation if the rules/guidelines, code of good
practice were not adhered to)?
(b) Pharmacy?
Yes
No
I don't know
If not, why not?
4. Do these rules ensure that retail/pharmacy services are accessible to all citizens?
7. Given these rules and framework conditions, do you believe it is easy to rent commercial
sites for retail purposes?
Yes
No
No opinion
If not, why not?
11
8. Is there a national trade association for:
9. Are there specific, and more simple (from a business/tax registration perspective), national
rules applying to the establishment of micro-retail businesses?
11. Is this legislation is effective to dissuade black economy working in the sector? Or do you
think it has another objective?
12. Are there any specific, national rules/framework conditions applying to the establishment
of franchise retail businesses?
13. Is there a national trade association representing franchisors and franchisees in the retail
sector?
Yes, I am a member
Yes, but I am not a member
No
I don't know
12
14. Given the existing national rules, do you believe that it is easy and profitable to set up a
franchised retail outlet?
15. Given the existing national rules, do you believe that it is straightforward to roll out a
franchised retail network?
17. If applicable, do you believe that it is easy to integrate vertically into wholesaling (central
buying) or into retailing (factory outlet)?
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If yes, please give details:
19. Do you believe that such restrictions ensure sufficient independence/competition in the
respective retail/pharmacy supply chains?
21. Are there any specific national or regional rules/codes/framework conditions applying to
shelf or in-store positioning fees?
Yes
No
I don't know
If yes, please provide details:
22. Are there any specific national or regional rules/codes/framework conditions applying to
sales below cost including associated definitions of cost prices?
Yes
No
I don't know
If yes, please provide details:
23. Are there any specific national or regional rules/codes/framework conditions applying to
promotional fees for in-store or on-pack joint promotions between manufacturers and
retailers?
Yes
No
I don't know
If yes, please provide details:
24. Are there any specific national or regional rule/codes/framework conditions applying to
commercial agreements between retailers and manufacturers regarding waste recycling
and product safety costs?
Yes
No
14
I don't know
If yes, please provide details:
15
25. Are there any specific national or regional rule/codes/framework conditions applying to
payment conditions between retailers and manufacturers?
Yes
No
I don't know
26. Do you believe that these rules ensure protection against unfair competition or other
public interest objectives?
Yes, they ensure protection against unfair competition
Yes, they ensure other public interest objectives (please specify):
No, I don’t think they ensure protection against unfair competition or any other public
interest objectives
No opinion
28. Are there any specific national or regional rules/codes/framework conditions applying to
joint sales contracts covering both discount and branded product lines?
Yes
No
I don't know
If yes, please provide details:
29. Do you believe that these rules ensure protection against unfair competition or other
public interest objectives?
Yes, they ensure protection against unfair competition
Yes, they ensure other public interest objectives (please specify):
No, I don’t think they ensure protection against unfair competition or any other public
interest objectives
No opinion
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C. Sourcing/certification quality commitments
30. Are there any specific national or regional rules/codes/framework conditions applying to
contractual agreements between suppliers and retailers regarding ethical
(social/environmental/fair trade) schemes?
31. Are there any specific national or regional rules/codes/framework conditions applying to
certification and audit services used to certify/audit such ethical sourcing schemes?
32. Are these rules encouraging more ethical supply chains within the Internal Market?
If not, why not?
17
(f) measures seeking to encourage/facilitate working by third country immigrant
citizens
Yes (please specify):
No
Don't know
34. Does this regulatory framework allow for qualitative / sustainable employment growth in
the retail sector?
B. Logistics
35. Are there specific national or regional rules/guidelines/codes applying to logistics in
respect of:
C. Energy use
36 Are there any specific national or regional rules/standards on energy efficiency applying
to differing forms of retail outlets?
Yes (please specify):
No
Don't know
18
37. Do you believe this encourages energy efficiency and the diffusion of new energy saving
technology within the retail sector?
D. Payment systems
38. Are there any specific national/regional rules/standards on limitations applied to retailers
owning their own banks or contracting with banks to offer payment and credit
facilities?
Yes (please specify):
No
Don't know
40. Are there any specific national rules/standards imposing "chargeback" on credit card
use?
Yes (please specify):
No
Don't know
41. Do you believe these rules allow for the use of efficient payment services within the retail
sector?
If not, why not?
43. Are there any specific national or regional rules/standards on the use and advertising of
sales promotions by retailers (in particular discounts, premiums, promotional contest and
games)?
Yes (please specify):
No
19
Don't know
44. Are there any specific national or regional rules/standards specifically applied to the use
of sales promotions for the retailing of certain products?
(b) Books
Yes (please specify):
No
Don't know
45. Do these rules ensure efficient, non-in-house and informative commercial communication
campaigns within the retail market?
47. Are there any specific national or regional rules/standards on opening hours of
pharmacies?
Yes (please specify):
No
Don't know
48. Are there any specific national or regional rules/standards imposing a geographical
distribution of particular retail outlets (e.g. pharmacies)?
Yes (please specify):
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No
Don't know
49. Are there any specific national or regional rules imposing limitations on home delivery
for retail services (including pharmacies)?
Yes (please specify):
No
Don't know
52. Are there any specific national or regional rules/standards relating to product guarantees
for which retailers have responsibility?
Yes (please specify):
No
Don't know
53. Are there any specific national rules/standards relating to extended guarantees offered
by retailers?
Yes (please specify):
No
Don't know
54. Do these rules ensure an efficient after sales service in the Member State?
If not, why not?
56. Are there any specific national or regional rules /standards relating to disposals (of
perishables)?
21
57. Do these rules ensure an efficient disposal of waste/recycling by retailers in the Member
State?
If not, why not?
22
Part B
23
Please state the Member State you represent.
Yes, please provide details and specify what are the criteria and procedures
applied to establish a new shop:
If yes, what is/are the public interest objective(s) justifying these specific rules?
2. Are there any specific national rules/guidelines/codes of goods practice or procedures that
impact on building requirements or set up of retail establishment, whether general or
per sector?
No
Yes, general rules exists (please describe these rules, criteria and procedures):
Yes, specific rules apply for certain sectors (please specify and provide details of
rules, criteria and procedures):
If yes, are these rules enforced by means of an authorisation procedure to put the
premises into operation (i.e. the premises would not be authorised by public health or
other competent authorities to be put into operation if the rules/guidelines, code of good
practice were not adhered to)?
Yes, please provide details and specify what are the criteria and procedures
applied to extending or modifying an existing shop:
24
If yes, what is/are the public interest objective(s) justifying these specific rules?
Yes, please provide details and specify what are the criteria and procedures
applied to the establishment of a new pharmacy:
If yes, what is/are the public interest objective(s) justifying these specific rules?
Yes, please provide details and specify what are the criteria and procedures
applied to rental contracts for commercial properties:
If yes, what is/are the public interest objective(s) justifying these specific rules?
6. Are there any specific national rules applying to the establishment of micro-retail
businesses (e.g. secondary on-line retail businesses run by individuals whose primary
source of income if from alternative employment)?
Yes, please provide details and specify what are the criteria and procedures
applied to the establishment of micro-retail businesses:
If yes, what is/are the public interest objective(s) justifying these specific rules?
7. What are the rules/authorisations to start a micro-retail business? Are there specific rules
if the businessman has also another employment?
Yes, please provide details and specify what are the criteria and procedures
applied to the establishment of franchise retail businesses?
25
If yes, what is/are the public interest objective(s) justifying these specific rules?
26
C. Vertically integrated retail businesses
9. Are there any specific national rules/framework conditions applying to upstream or
downstream vertical integration in the retail chain (for example into wholesaling by
a retailer or into a factory outlet by a supplier)?
Yes, please provide details and specify what are the criteria and procedures
applied to the upstream or downstream vertical integration in the retail chain:
If yes, what is/are the public interest objective(s) justifying these specific rules?
10. Given these rules, do you believe that it is easy to integrate vertically into wholesaling
(central buying) or into retailing (factory outlet)?
No
Yes, please provide details and specify what are the criteria and procedures
applied to listing and delisting fees:
If yes, what is/are the public interest objective(s) justifying these specific rules?
12. Are there any specific national or regional rules/codes/framework conditions applying to
shelf or in-store positioning fees?
No
Yes, please provide details and specify what are the criteria and procedures
applied to shelf or in-store positioning fees:
If yes, what is/are the public interest objective(s) justifying these specific rules?
13. Are there any specific national or regional rules/codes/framework conditions applying to
sales below cost including associated definitions of cost prices?
Yes, please provide details and specify what are the criteria and procedures
applied to sales below cost:
27
If yes, what is/are the public interest objective(s) justifying these specific rules?
14. Are there any specific national or regional rules/codes/framework conditions applying to
promotional fees for in-store or on-pack joint promotions between manufacturers
and retailers?
Yes, please provide details and specify what are the criteria and procedures
applied to promotional fees for in-store or on-pack joint promotions:
If yes, what is/are the public interest objective(s) justifying these specific rules?
15. Are there any specific national or regional rule/codes/framework conditions applying to
commercial agreements between retailers and manufacturers regarding waste recycling
and product safety costs?
Yes, please provide details and specify what are the criteria and procedures
applied to such commercial agreements:
If yes, what is/are the public interest objective(s) justifying these specific rules?
Yes, please provide details and specify what are the criteria and procedures
applied to own label contracts:
If yes, what is/are the public interest objective(s) justifying these specific rules?
17. Are there any specific national or regional rules/codes/framework conditions applying to
joint sales contracts covering both discount and branded product lines?
Yes, please provide details and specify what are the criteria and procedures
applied to such joint sales contracts:
If yes, what is/are the public interest objective(s) justifying these specific rules?
28
C. Sourcing/certification quality commitments
18. Are there any specific national or regional rules/codes/framework conditions applying to
contractual agreements between suppliers and retailers regarding ethical
(social/environmental/fair trade) schemes?
No.
Yes, please provide details and specify what are the criteria and procedures
applied to such contractual agreements between suppliers and retailers:
If yes, what is/are the public interest objective(s) justifying these specific rules?
19. Are there any specific national or regional rules/codes/framework conditions applying to
certification and audit services used to certify/audit such ethical sourcing schemes?
No.
Yes, please provide details and specify what are the criteria and procedures
applied to such contractual agreements between suppliers and retailers:
If yes, what is/are the public interest objective(s) justifying these specific rules?
29
No, general rules apply
Please describe the general rules:
(e) rules/agreements or measures seeking to encourage/facilitate working by disabled
persons
Yes (please specify):
No, general rules apply
Please describe the general rules:
(f) rules/agreements or measures seeking to encourage/facilitate working by third
country immigrant citizens
Yes (please specify):
No, general rules apply
Please describe the general rules:
(g) rules/agreements or measures seeking to encourage/facilitate working by staff aged
over 50.
Yes (please specify):
No, general rules apply
Please describe the general rules:
B. Logistics
21. Are there specific national or regional rules/guidelines/codes relating to logistics in
respect of:
If yes, what is/are the public interest objective(s) justifying these specific rules?
30
C. Energy use
21. Are there any specific national or regional rules/standards on energy efficiency
applying to differing forms of retail outlets?
Yes, please provide details and specify the rules/standards that apply:
If yes, what is/are the public interest objective(s) justifying these specific rules?
D. Payment systems
22. Are there any specific national/regional rules/standards on limitations applied to retailers
owning their own banks or contracting with banks to offer payment and credit
facilities?
No.
Yes, there are limitations applied to retailers owning their own banks
Yes, there are limitations applied to retailers contracting with banks to offer
payment and credit facilities
If yes, what is/are the public interest objective(s) justifying these specific rules?
No.
If yes, what is/are the public interest objective(s) justifying these specific rules?
24. Are there any specific national rules/standards imposing "chargeback" on credit card
use?
No.
If yes, what is/are the public interest objective(s) justifying these specific rules?
31
Section 4. Commercial communications/ Promotions
25. Please provide details of national or regional rules/standards on joint offers and loyalty
cards:
What is/are the public interest objective(s) justifying these specific rules?
26. Please provide details of national or regional rules/standards on the use and advertising
of sales promotions by retailers (in particular discounts, premiums, promotional contest
and games):
What is/are the public interest objective(s) justifying these specific rules?
27. Are there any specific national/regional rules relating to unfair commercial practices that
will continue to apply for promotions with reference to article 3.5 of Directive
2005/29/EC (Directive on unfair commercial practices)?
No
Yes, please specify which rules and why it is essential that the relevant rules
remain in place (in particular why the rules are necessary and proportionate to protect
consumers):
If yes, what is/are the public interest objective(s) justifying these specific rules?
(b) Books
What is/are the public interest objective(s) justifying such specific rules?
What is/are the public interest objective(s) justifying these specific rules?
What is/are the public interest objective(s) justifying these specific rules?
32
31. Please provide details of national or regional rules/standards imposing a geographical
distribution of particular retail outlets (e.g. pharmacies):
What is/are the public interest objective(s) justifying these specific rules?
32. Please provide detail of national or regional rules imposing limitations on home
delivery for retail services (including pharmacies):
What is/are the public interest objective(s) justifying these specific rules?
What is/are the public interest objective(s) justifying these specific rules?
What is/are the public interest objective(s) justifying these specific rules?
What is/are the public interest objective(s) justifying these specific rules?
What is/are the public interest objective(s) justifying these specific rules?
37. Please provide details of national or regional rules /standards relating to disposals (of
perishables):
What is/are the public interest objective(s) justifying these specific rules?
33