10 Amendments of Jiří POSPÍŠIL related to 2016/2244(INI)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involveecause of the differences between franchising agreements, but one key feature of such agreements is a partnership between natural or legal persons that are legally and financially independent of each other, whereby one party (the franchisor) grants to the other party (the franchisee) the right to operate his franchising formula to sell goods and/or services, and shares know- how, the intention of both the franchisor and the franchisee being to generate business revenue;
Amendment 7 #
Motion for a resolution
Recital B
Recital B
B. whereas in its resolution of 11 December 2013, Parliament welcomed franchising as a business model which supports new business and small-business ownership, but noted the existence of unfair contract terms in certain cases and called for transparent and fair contract terms; moreover, it drew the attention of the Commission and Member States, in particular, to problems faced by franchisees wishing to sell their business or change their business formula, whilst remaining active in the same sector and requested that the Commission examine the ban on price-fixing mechanisms in franchise systems and the effects of long- term competition clauses, purchase options and the prohibition of multi-franchising, and to reconsider in this respect the current exemption from competition rules for contracting parties having a market share of less than 30 %;
Amendment 52 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. States that franchisors have organised themselves both at national and European level for the representation of their interests, whereas often due to a lack of resources, franchisees often lack such representative organisations and arefranchisees are often under-represented;
Amendment 59 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to promote the creation of associations representingencourage dialogue between franchisors, franchisees, and to make sure that their voices are heard,decision-makers whenever policies or legislation are prepared that may affect them;
Amendment 64 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that there is a persistent lack of information on the functioning of franchising in the retail sector and calls on the Commission to open aMember States to assign, in cooperation with the Commission, contact points for information on problems encountered by franchisees, whilst guaranteeing the confidentiality of the information thus acquired;
Amendment 76 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the European Code of Ethics for Franchising, developed by the European Franchise Federation, but also notes that the Code has been unilaterally drawn up by franchisors and has met with fundamental criticism from franchisees pointing, inter alia, to the fact that the code preceding the 2016 revision of the Code was worded more strongly in respect of the commitments of thecontent of the Code has been subject to criticism from franchisorees;
Amendment 92 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to examine complaints itMember States to submit complaints or other relevant information they receives through aexisting contact points or otherwise and to draw up a non-exhaustive list of unfair trading practices based on this informationto the Comission for further examination, which could help to draw up a non-exhaustive informative list for working purposes of unfair trading practices and to update guidelines on best practices;
Amendment 103 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points, in particular, to the need for correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, to be available in writing at least 15 working days prior to nd withe signing of the agreement, and the introduction of a five-day cooling- off period after executionufficient notice prior to the signing of the agreement;
Amendment 106 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need for specialised initial training where necessary and appropriate guidance by the franchisor for franchisees during the term of the agreement;
Amendment 131 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Requests the Commission to draft guidelines on the cross-border aspects of franchising reflecting best practices on the functioning of franchising in the retail sector; invites the Commission in this respect to make an analysis of the existing self-regulatory instruments as well as of legislative practices of Member States in the field of franchising in the retail sector and to submit its findings to Parliament, including recommendations for further action, focusing on the need for effective enforcement;