Translation of "franchisé principal " (French → English) :

22. Stresses that, if necessary, substantial changes to rules of origin should accompany the duty-free, quota-free (DFQF) initiative to produce a significant increase in goods exports; in this regard welcomes the recent statements by the Commission that the Rules of Origin could be upgraded under Article 10 in line with the accumulation principle;

Naturally, the Committee on Petitions is grateful to the Commission for the assistance it provides in detecting cases of incorrect application of Community law and does not wish to condemn this institution through prejudice. Nevertheless, in all honesty it must reiterate that if, at times, neither the principle of legal certainty nor that of proportionality are complied with, this is often due to the excessive technicality of the Commission texts, and, on occasion, their obsession with detail or, conversely, the vague nature of the provisions therein.

Where applicable, the provisions of this Regulation concerning the relationship between franchisor and franchisee shall apply mutatis mutandis to the relationship between franchisor and master franchisee and between master franchisee and franchisee.

(9) This Regulation must define the obligations restrictive of competition which may be included in franchise agreements. This is the case in particular for the granting of an exclusive territory to the franchisees combined with the prohibition on actively seeking customers outside that territory, which allows them to concentrate their efforts on their allotted territory. The same applies to the granting of an exclusive territory to a master franchisee combined with the obligation not to conclude franchise agreements with third parties outside that territory. Where the franchisees sell or use in the process of providing services, goods m ...[+++]anufactured by the franchisor or according to its instructions and or bearing its trade mark, an obligation on the franchisees not to sell, or use in the process of the provision of services, competing goods, makes it possible to establish a coherent network which is identified with the franchised goods. However, this obligation should only be accepted with respect to the goods which form the essential subject-matter of the franchise.

(5) This Regulation covers franchise agreements between two undertakings, the franchisor and the franchisee, for the retailing of goods or the provision of services to end users, or a combination of these activities, such as the processing or adaptation of goods to fit specific needs of their customers. It also covers cases where the relationship between franchisor and franchisees is made through a third undertaking, the master franchisee. It does not cover wholesale franchise agreements because of the lack of experience of the Commission in that field.

(c) ´master franchise agreement' means an agreement whereby one undertaking, the franchisor, grants the other, the master franchisee, in exchange of direct or indirect financial consideration, the right to exploit a franchise for the purposes of concluding franchise agreements with third parties, the franchisees;