Activities of Joel HASSE FERREIRA related to 2007/0113(COD)
Plenary speeches (1)
Protection of consumers in respect of certain aspects of timeshares (debate)
Amendments (15)
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
1. This Directive shall apply to the protection of consumers in respect of certain aspects of the marketing and sale of timeshare and long-term holiday products. It shall also apply to thee purpose of this Directive is to achieve a high level of consumer protection and to contribute to the proper functioning of the internal market, by harmonising the laws, regulations and administrative provisions of the Member States in respect of certain aspects of the marketing, sale and resale of timeshare and long-term holiday products, and thes well as to an exchange of timeshare.
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 3
Article 1 – paragraph 1 – subparagraph 3
This Directive is without prejudice to national legislation providing for general contract law remedies enabling the consumer to terminate the contractor national rules relating to registration of movable or immovable property, conditions of establishment or authorisation regimes, and determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 125 #
Proposal for a directive
Article 2 – paragraph 1 – point (b)
Article 2 – paragraph 1 – point (b)
(b) ’long-term holiday product’ means a contract of a duration of more than one year by which a consumer acquires, against considerationpayment, primarily the right to obtain discounts or other benefits oin accommodation, in isolationterms orf together with travelimeshare or other services;
Amendment 127 #
Proposal for a directive
Article 2 – paragraph 1 – point (c)
Article 2 – paragraph 1 – point (c)
(c) ’resale contract’ means a contract by which a trader against, for consideration helpassists a consumer to sell or buy a timeshare or a long-term holiday product;
Amendment 129 #
Proposal for a directive
Article 2 – paragraph 1 – point (e)
Article 2 – paragraph 1 – point (e)
(e) ’trader’ means any natural or legal person who is, acting for purposes relating to his trade, business, craft or profession and anyoneor acting in the name of or on behalf of a trader, establishes, transfers or undertakes the transfer of the right concerned by the contract;
Amendment 136 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any advertising indicates the possibility of obtaining the writtenat sellers are obliged to provide the information referred to in paragraph 2 and where it can be obtained.
Amendment 139 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The trader shall provide athe consumer requesting information with written information which, in addition toon the product, with a general description, ofn the product, shall provide at leastright of withdrawal laid down in Article 5, and on the prohibition on advance payment during the period allowed for withdrawal, providing brief and accurate information on the following items, where applicable:
Amendment 142 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. In case of a resale contract the trader's obligation to provide the information under paragraph 2 applies towards the consumer who may enter into the resale contract.
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that tThe contract ishall be in writing and shall be drawn up in at least one of the official languages of the Community, as chosen by the consumerMember State of which the consumer is a national or in which he resides, of the Member State where the property concerned by the contract is located, and of the Member State where the contract was concluded.
Amendment 151 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1-A. The text pf the contract shall be based on a model contract existing in all the official languages of the Community, containing all the basic and indispensable contractual provisions.
Amendment 170 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 174 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 179 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the consumer intends to exercise the right of withdrawal he shall, before the expiry of the deadline, notify, on paper or using some other permanent medium, the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex Iand in the check-list. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 206 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10º-A 1. A register shall be kept in each Member State of the traders who are nationals of that Member State or exercise their activity there. 2. This register shall be coordinated at European level.