9 Amendments of Nicola DANTI related to 2016/2244(INI)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involves and franchising agreements differ from one business to another, while franchising normally includes specific basic common elements, namely 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, and the provision of commercial and technical assistance on the part of franchisor to the franchisee for the duration of the agreement; the intention of both the franchisor and the franchisee being to generate business revenue;
Amendment 10 #
Motion for a resolution
Recital C
Recital C
C. whereas franchising has the full potential of being a business model that can help in completing the single market in the retail sector as it can be a convenient means to establish business through a shared investment of franchisor and franchisee, but is currently under- performing in the EU, representing only 1.89 % of GDP, as opposed to 5.95 % in the USA and 10.83 % in Australia, 83.5 % of franchising’s turnover being concentrated in only seven Member States;
Amendment 13 #
Motion for a resolution
Recital D
Recital D
D. whereas franchising has a significant cross-border dimension and is of importance for the functioning of the internal market, but existing legislation covering franchising as a business model varies widely between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practices; whereas in turn this can have an impact on the entire EU economy, as well as on final consumers by limiting their choice;
Amendment 31 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas, the Commission has defined unfair trading practices as "practices that deviate grossly from good commercial conduct, are contrary to good faith and fair dealing and are unilaterally imposed by one trading partner on another"1a; _________________ 1a"Tackling unfair trading practices in the business-to-business food supply chain", COM(2014)472.
Amendment 32 #
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. Whereas the "fear factor" comes into play in commercial relationships, with the weaker party being unable to make effective use of their rights and unwilling to lodge a complaint about unfair trading practices imposed by the stronger party, for fear of compromising their commercial relationships;
Amendment 33 #
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 that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU; however, this is not currently the case, as different measures exist between Member States, leading to a high degree of divergence and diversification between Member States in terms of the level, nature and form of legal protection;
Amendment 39 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Envisages that in view of the strong-border component in franchising, a uniform approach to correct unfair trading practices at EU level is advisable;
Amendment 124 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Expresses its concerns about the use of consumer data collected via the franchisee; asks the Commission to take into consideration the digital components of the business model in its further actions;
Amendment 126 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. RequestUrges the Commission to draft guidelines reflecting best practices on the functioning of franchising in the retail sector; invites the Commission in this respect to, open a public consultation in order to obtain unbiased information as to the real situation in franchising, then 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;