14 Amendments of Daniel DALTON related to 2016/2244(INI)
Amendment 24 #
Motion for a resolution
Recital F
Recital F
F. whereas there is a lack of information on the functioning of franchising in the retailacross sectors, since relevant information is not written down or can often only be found in the side letters accompanying a franchise agreement, which are confidential, therefore not public, and at EU-level there is no mechanism for collecting information on potentially unfair contract terms or unfair implementation of contracts;
Amendment 34 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that for the completion of the single market in the retail sector, franchising can play an important role, provided given its current under-utilisation in the EU in comparison to other developed economies; considers that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU will encourage further growth in franchising;
Amendment 45 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. EmphasisNotes that franchisees are often the weaker contracting party, as the franchise formula has normally been developed by the franchisor and franchisees tend to be financially weaker and can be less well- informed than the franchisor and therefore heavily dependent on the expertise of the franchisor;
Amendment 60 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to promotencourage the creation of associations representing franchisees, and to make sure that their voices are heard, whenever policies or legislation are prepared that may affect them;
Amendment 72 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to actively examine the functioning of franchising in the retail sector, and, in particular,including the existence of unfair contract terms or other unfair trading practices, and to request Eurostat to devote specialpay attention to this model when collecting statistical information on the sector;
Amendment 75 #
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 themet with significant criticism from many franchisorees;
Amendment 83 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses itsNotes there are concern withs about the lack of an independent enforcement mechanism accompanying the European Code of Ethics and recallnotes that in some Member States this lack of independent enforcement prompted the introduction of legislation preventing and addressing unfair trading practices in franchising;
Amendment 99 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to examine complaints it receives through a contact point or otherwise and to draw up a non-exhaustive list of unfair trading practices based and to report on how the relevant self-regulation and applicable legislation this informationbeing enforced;
Amendment 101 #
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 the signing of the agreement, and the introduction of a five- day cooling-off period after execution to be available in writing prior to the signing of the agreement;
Amendment 107 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. EmphasRecognises there is usually a need for specialised initial training and appropriate guidance by the franchisor for franchisees during the term of the agreement;
Amendment 113 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 115 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that non-competition clauses should be clearly formulated, reasonable and proportionate and should not apply for a longer duration than what is strictly necessary, considering, in particular, the potential need for franchisees to change their franchise formula, if their neighbourhood and therefore the demand for products or services changes;
Amendment 119 #
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 122 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes with concern the disputthe issues arising abroutnd internet sales, as they are vital in the digital market, whereas traditional franchise agreements often do not take into account the effect internet sales may have on exclusivity clauses, thus making it possible that in thean area for which the franchisee has the right of exclusivity, customers may buy their products from the franchisor, even if they pick up the goods in the franchisee’s shop;