RETAIL RESTRICTIVENESS ANALYSIS IN EASTERN EUROPE RETAIL RESTRICTIVENESS ANALYSIS IN EASTERN EUROPE | Page 11

3.1.
ESTABLISHMENT PILLAR
In terms of establishment process conditions, Eastern Europe countries (except for Belarus and Russia) are
less regulated than the Highly Regulated member States. Belarussian environment is evaluated by 3 points,
which is comparable to Spain’s score, but still better than in Italy and Germany.
FIGURE 5: THE SCORES COMPARISON OF ESTABLISHMENT PILLAR (0 – THE LEAST REGULATED COUNTRY, 6 – THE
MOST REGULATED ONE)
Source: Civitta analysis, 2019
REQUIREMENTS FOR ESTABLISHMENT LINKED TO SIZE
The requirements for the planned retail outlet establishment could depend on its size, as shops of different
floor space are assumed to have different impacts on the area around. The authorisation rules and the size
thresholds vary significantly from one analysed country to another. However, it is typical that larger outlets
are associated with an additional burden and red tape, as they could potentially have more impact on the
architecture, existing businesses, traffic, environment, etc.
In Germany 10 , small stores are required to notify the authority, while the outlets of an area exceeding
800m² are obliged to obtain a retail-specific authorisation. In Italy and Spain, the size threshold is set at
the regional level (represented by Autonomous Communities in Spain and local municipalities in Italy). In
both countries, the applicants are subject to thorough scrutiny by the authorities. In Italy 11 , outlets with
floor space not exceeding 750 m 2 are subject to a simple notification.
Under the Polish law 12 , the establishment of a small or medium-sized outlet does not require specific
authorisation (only notification), but projects of 2000 m² or more are allowed only upon approval.
In Serbia 13 , the outlets of an area exceeding 800m² are obliged to obtain a retail-specific authorisation,
while smaller shops are established without prior notification. In Lithuania 14 , an environmental impact
assessment screening is required only for retail outlets with floor space exceeding 5,000 m 2 .
In Belarus, Russia, Moldova, no specific size thresholds exist. Regardless of the outlet’s size, a retailer is
obliged to notify the overseeing authority. In Romania, Estonia and Latvia, regardless of the size of the
store, a retailer must obtain authorisation from the competent authorities. Whereas in Ukraine, no
restriction or notification obligations for opening an outlet exists at all.
10
This threshold was decided by the Federal Administrative Court on 24 November 2005 (Case nr. 4 C 2/08 – NVwZ 2010, 590), http://www.bverwg.de/entscheidungen/pdf/17
1209U4C2.08.0.pdf
11
Set at the the regional level, example: Piemonte Regional Decree 43-29533/2000 amended by Regional Decree 66-13719/2010,
http://www.regione.piemonte.it/commercio/dwd/confServizi/allegatoA_confServizi.pdf
12
http://www.kotun.bip.net.pl/?a=1438
13
The Law on Planning and Construction, https://www.paragraf.rs/propisi/zakon_o_planiranju_i_izgradnji.html
14
In accordance with the Resolution no. 1265 of the Government
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