BAKGRUNN (fra Kommisjonens konsultasjonsnettside 25.7.2014)

Objective

The objective of this consultation is to evaluate the functioning of the Commercial Agents Directive 86/653/EEC which was adopted on 18 December 1986. This is the first general evaluation of the Directive since its entering into force. It will assess whether the Directive remains fit-for-purpose in terms of effectiveness, efficiency, relevance, consistency and EU added value. The evaluation is conducted on the basis of the Commission Communication "Regulatory Fitness and Performance (REFIT): Results and Next Steps" (See Annex of COM(2013) 685 final) which identified the Commercial Agents Directive as legislation that should be assessed regarding the potential for simplification and the reduction of regulatory costs and burdens.

Commercial agents are self-employed intermediaries authorised on a permanent basis to negotiate the sale or purchase of goods in the name and on behalf of another person (the principal). The objective of the Commercial Agents Directive was to move towards a single market for commercial representation and improve the conditions of competition by facilitating the conclusion and operation of commercial representation contracts across borders through harmonised rules.

For this purpose, the Directive defines the commercial agents falling under its scope and harmonises the rights and obligations of commercial agents and their principals, and defines rules for the remuneration of the commercial agent, the conclusion and the termination of the contract and the restraint of trade after the termination of the contract.