In the absence of any agreement on this matter between the parties, and without prejudice to the application of the compulsory provisions of the Member States concerning the level of remuneration, a commercial agent shall be entitled to the remuneration that commercial agents appointed for the goods forming the subject of his agency contract are customarily allowed in the place where he carries on his activities. If there is no such customary practice a commercial agent shall be entitled to reasonable remuneration taking into account all the aspects of the transaction.

Any part of the remuneration which varies with the number or value of business transactions shall be deemed to be commission within the meaning of this Directive.

Articles 7 to 12 shall not apply if the commercial agent is not remunerated wholly or in part by commission.