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PUBLIC
Conseil UE
10584/08 LL/vr 1
DG I LIMITE EN
COUNCIL OF
THE EUROPEAN UNION
Brussels, 11 June 2008
Interinstitutional File:
2007/0113 (COD)
10584/08
LIMITE
CONSOM 70
JUSTCIV 122
CODEC 759
NOTE
from: General Secretariat of the Council
to: Working Party on Consumer Protection and Information
No. Cion prop. : 10686/07 CONSOM 82 JUSTCIV 168 CODEC 657
Subject : Proposal for a Directive of the European Parliament and of the Council on the
protection of consumers in respect of certain aspects of timeshare, long-term
holiday products, resale and exchange
- Presidency proposals
Delegations will find attached the Presidency proposals concerning the above mentioned document
to be discussed at the Consumer Protection and Information Working Party meeting of
13 June 2008.
The additions with respect to the Commission's proposal are marked in bold, whilst deletions are
marked with strikethrough. Additions made by the Presidency with respect to previous document
discussed at the working party meeting on 6 June 2008 (9286/2/08 REV 2) are marked in bold and
deletions with bold.
__________________________
10584/08 LL/vr 2
DG I LIMITE EN
Draft Directive of the European Parliament and of the Council on the protection of consumers
in respect of certain aspects of timeshare, long-term holiday products, resale and exchange
I. INTRODUCTION
Seven meeting of the Working Party on Consumer Protection and Information were organised
during the Portuguese Presidency and an exchange of views on a progress report was held by the
(Competitiveness) Council on 22 November 20071.
Under the Slovenian Presidency, the Working Party continued its work on the proposal during eight
meetings, notably on the basis of compromise proposals by the Presidency.
The European Parliament IMCO Committee voted on 19 May 2008 its draft first reading opinion,
adopting 114 amendments to the Commission's proposal2.
On the basis of the result of the IMCO Committee vote four technical meetings between the
Presidency, EP representatives and the Commission have taken place with a view to a possible first
reading agreement. The first informal trialogue was organised on 28 May 2008 with the view to
identify open issues.
The European Parliament clearly informed of its intention to vote on the first reading opinion at the
plenary session of 7-10 July 2008.
Taking into account all discussions that were held until now, the present document represents an
attempt by the Presidency to seek solutions on different issues, the resolution of which may advance
the discussion in the Council as well as between the Council and the European Parliament in view
of a first reading agreement on this file.
The Presidency proposes to focus the discussion at the Working Party meeting on 13 June 2008 on
the issues outlined below. The result should then be submitted to Coreper on 18 June 2008 to
evaluate the feasibility for further discussion with the European Parliament.
1 Doc. 15277/07
2 The final IMCO report A6-0195/2008 available on 10 June 2008.
10584/08 LL/vr 3
DG I LIMITE EN
II. MAIN OUTSTANDING ISSUES
1. Definition of the "ancillary contract"
The EP proposes a definition, which makes clear that ancillary contracts may be also those
that are concluded with any third party (no specific need for agreement between trader and the
third party) as long as the existence is dependent on timeshare or long-term holiday product.
The Presidency submits this proposal for consideration by the Working Party.
2. The timeshare or long-term holiday product contract subject to the confirmation of the
credit - Article 4(5)
To meet the concern of several delegations and to reflect the discussion at previous Working
Party meeting where a need for the clarity has been stressed, the Presidency proposes the
alternative wording for Article 4(5).
3. Right of withdrawal - Article 5
Several solutions on the drafting have already been proposed by the Presidency, but none was
supported by majority of Member States. Following the discussion at the last WP meeting on
6 June 2008 and the technical meeting with the EP on 9 June 2008, the Presidency puts
forward three options for discussion.
Option A (supported by the EP) does not set any expiry date for the provision of the
information and related starting date for the right of withdrawal. This option builds on the
solution agreed in the Consumer Credit Directive.
Option B would provide a 1 year period for the provision of the information about the right of
withdrawal (in case this was not provided) and 3 months for the other information. The right
of withdrawal would expire 14 days after the period of 1 year or 3 months respectively.
Option C would provide a 1 year period for the provision of the information about the right of
withdrawal (in case this was not provided). The right of withdrawal would expire after 1 year.
Concerning the other information, there would be more targeted approach whereby the
consumer would not be bound by the contract if essential information was not given; essential
information referring to information which is likely to affect the consumer's decision to
10584/08 LL/vr 4
DG I LIMITE EN
conclude the contract (to be assessed by the courts). The information to be provided in the
standard information form would be deemed essential per se.
4. Pre-contractual and contractual information - content of the Annexes
The content of the Annexes has been discussed during the Portuguese Presidency and the
result of that discussion is reflected in document 8195/08. The EP in its amendments 60-114
accepted the restructuring of annexes and adding of additional sub-headings. At the technical
level, the Presidency was informed that the EP was willing to accept the integration of Annex
II concerning the accommodation under construction into Annex I.
The comparative table showing the differences between the text of the Working Party as
mentioned above and EP amendments is attached to this note as an ANNEX III. In case of
differences, possible compromises are proposed by the Presidency.
5. Provision of pre-contractual information ("standard form")
The question how to provide the pre-contractual information to the consumer is related to the
previous point 4, where the question on what should be provided is dealt with. In previous
discussions the Presidency argued for provision of "essential" information in the standard
form, which would be given to the consumer in addition to all information as required in
Article 3a and outlined in different Annexes. This approach was shared by the Commission.
The alternative proposal, supported by a number of delegations, is to use the standard form as
the only means for providing information and that this form includes all information as
currently outlined in the annexes.
At the technical meeting with the EP, it was confirmed that the EP would not support the
second alternative in view of its amendment 41, in which it proposes the introduction of the
standard form containing information listed in that amendment, which should facilitate the
understanding for the consumer. Taking into account the positions of Member States, the
Commission and the EP, the Presidency considers the first alternative as the better option.
Therefore, and in the view of a possible agreement with the EP on this issue, the Presidency
proposes the following:
- accept in principle EP amendment 41 and introduce the list of information proposed in
that amendment as a new paragraph 1a in Article 3a of the latest working party text,
- include the standard information form in the Annex of the draft directive.
10584/08 LL/vr 5
DG I LIMITE EN
The proposed wording is outlined in the ANNEX I and ANNEX II (standard form).
6. Consumer information and out-of-court redress - Articles 9 and 10
The EP adopted five amendments (Am 53 - 57) on these articles. Taking into account the EP
position and the previous discussion in the working party, the Presidency puts forward a
proposal, which may meet the EP concern. This would consist of the following elements:
- partly accepting amendment 53 on Article 9 (1) and 9(2);
- accepting amendment 54 on Article 9(2) (a), which was already discussed and agreed;
- partly accepting amendment 55 on Article 10 (1). The proposed wording is close to the
wording used in Article 37 of the Services Directive.
- accepting the first part of amendment 57 on the availability of information concerning
the Brussels I Regulation.
________________________
10584/08 LL/vr 6
ANNEX I DG I LIMITE EN
ANNEX I
Article 2
Definitions
1. For the purposes of this Directive the following definitions shall apply:
…
(g) ’ancillary contract’ means any contract which is subordinated to another contract. dependent
on a timeshare contract or long-term holiday product contract by which the a consumer
acquires services related to a timeshare contract or long-term holiday product those
contracts and these services are provided by the trader or a third party on the basis on
an agreement between that third party and the trader;
…
Article 3a
Pre-contractual information
21. In good time before the consumer is bound by any contract or offer, Tthe trader shall
provide a the consumer, in a clear and comprehensible manner, requesting information
with written information which, in addition to a general description of the product, shall
provide at least brief and accurate and sufficient information on the following items, where
applicable as follows:
(i) in the case of a timeshare contract, the information set out in Annex I and, if the
contract concerns accommodation under construction, the information set out in
Annex II;
(ii) in the case of a long-term holiday product contract, the information set out in
Annex III;
(iii) in the case of a resale contract, the information set out in Annex IV;
(iv) in the case of an exchange contract, the information set out in Annex V.
10584/08 LL/vr 7
ANNEX I DG I LIMITE EN
1a. In addition to the information provided according to paragraph 1, the trader shall also
provide the consumer with a summary of the essential characteristics of the contract as
set out in the relevant standard information form in Annex VII completed standard
information form as set out in the Annex … containing in a brief and clear manner the
following:
− the identity and residence of all parties;
− the nature of the right which is subject to the main contract;
− the exact period within which the right which is the subject of the main contract
may be exercised and, if necessary, its duration;
− the date on which the consumer may start to exercise the contractual rights;
− the price to be paid by the consumer for the timeshare, long term holiday product
or for the services provided by the resale trader;
− the associated costs with the timeshare or long term holiday product;
− where appropriate the services or facilities to which the consumer will have access;
− whether it is possible to join exchange system;
− information about the length of the right of withdrawal;
− information about the ban on advance payments;
− whether the trader is a signatory of codes of conduct;
2. The information referred to in paragraph 1 shall be provided by the trader on paper or
another durable medium easily accessible to the consumer and it shall be free of charge.
3. In case of resale the trader's obligation to provide the information under paragraph 2 applies
towards the consumer who may enter into the resale contract.
43. Member States shall ensure that the information referred to in paragraph 21 shall be drawn
up in one of the official languages of the Community, as chosen by the consumer the
language or one of the languages of the Member State in which the consumer is resident
or in the language or one of the languages of the Member State of which he is national
provided it is an official language of the Community, at the consumer's option.
10584/08 LL/vr 8
ANNEX I DG I LIMITE EN
Article 4
The contract
…
5. Before the conclusion of the timeshare contract or long-term holiday product contract,
the trader shall inquire whether the consumer intends to finance the timeshare contract
or long-term holiday product contract through a credit. Where financed by through a
credit of which a trader has been informed, the timeshare contract or long-term holiday
product contract shall include a clause stating that the contract is concluded only when
if this credit is granted before the end of a period of time agreed upon by the parties to
the contract, which shall start on the day when the consumer has signed the contract
and shall not be longer than three months.
10584/08 LL/vr 9
ANNEX I DG I LIMITE EN
Article 5
Right of withdrawal
1. Member States shall ensure that, after entering into a contract, the consumer has the right a
period of fourteen calendar days to withdraw from the contract without giving any reason.
within fourteen calendar days of both parties' signing the contract or of both parties' signing a
binding preliminary contract. If the fourteenth day is a public holiday, the period shall be
extended to the first working day thereafter.
The period of withdrawal shall begin:
(a) on from the day of the conclusion of the contract or binding preliminary contract;
or
(b) on from the day when the consumer receives the contract or any binding
preliminary contract if the day is later than the date referred to in point (a).
Option A:
2. In the case where the exchange contract is offered to the consumer together with and at
the same time of the timeshare contract, the period of withdrawal for both contracts
shall begin when the consumer has signed both contracts.
2. If the contract does not include all the information referred to in points (a) to (z) of Annex I,
and (a) and (b) of Annex II, but the information is provided in writing within three months
after the signing of the contract, the withdrawal period shall start from the day the consumer
receives that information.
3. If the information referred to in points (a) to (p) of Annex I, and (a), (b) of Annex II, has not
been provided in writing within three months after the signing of the contract, the right of
withdrawal shall expire after three months and fourteen days from the signing of the contract.
4. If the consumer intends to exercises the right of withdrawal he shall, before the expiry of the
deadline period of withdrawal, notify to the on paper or another durable medium to the
person whose name and address appear in the contract and for that purpose pursuant to point
(p) of Annex I trader his decision to withdraw by means which can be proven in
10584/08 LL/vr 10
ANNEX I DG I LIMITE EN
accordance with national law. The consumer may use the standard withdrawal form as
set out in Annex VI of this Directive and provided by the trader in accordance with
Article 4(3). The deadline shall be deemed to have been observed met if the notification, if it
is in writing, on paper or on another durable medium, is dispatched sent before the
deadline withdrawal period has expired.
5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those
expenses which, in accordance with national law, are incurred as a result of the conclusion of
and withdrawal from the contract for legal formalities which have to be completed before the
deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the
contract. The exercise of the withdrawal right by the consumer terminates the obligation
of the parties to perform the contract.
6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall
not be required to make any reimbursement neither bear any cost nor be liable for any
value corresponding to the service which may have been performed during the
withdrawal period.
7. This Article shall be without prejudice to any rule of national law establishning a period
of time during which the performance of the contract may not begin.
Option B:
2. If the contract does not include all the information referred to in points (a) to (p) of Annex I,
and (a) and (b) of Annex II, but the information is provided in writing within three months
after the signing of the contract, the withdrawal period shall start from the day the consumer
receives that information.
10584/08 LL/vr 11
ANNEX I DG I LIMITE EN
2. If a completed standard the information form on the right of withdrawal as required by
Article 4 or a completed standard withdrawal form as required by Article 4(3) have not
been provided to the consumer, the period of withdrawal shall expire after one year and
fourteen calendar days.
3. If the information, other then the information on the right of withdrawal referred to in
Annex I, Annex III, IV or Annex V has not been provided in writing within three months
after the signing of the contract the day referred to in paragraph 1, the right of withdrawal
shall expire after three months and fourteen days from the signing of the contract the day
referred to in paragraph 1.
3a. If the information forms referred to in paragraphs 2 and 3 are is provided within the
one-year period or three months respectively, the period of withdrawal shall begin from
the day the consumer receives the such information forms.
4. In the case where the exchange contract is offered to the consumer together with and at
the same time of the timeshare contract, the period of withdrawal for both contracts
shall begin when the consumer has signed both contracts. The provisions in paragraphs
2 and 3 shall apply accordingly.
5. Where the consumer exercises the right of withdrawal, he is required to reimburse only those
expenses which, in accordance with national law, are incurred as a result of the conclusion of
and withdrawal from the contract for legal formalities which have to be completed before the
deadline referred to in paragraph 1. Such expenses shall be expressly mentioned in the
contract. The exercise of the right of withdrawal by the consumer terminates the
obligation of the parties to perform the contract.
6. Where the consumer exercises the right of withdrawal provided for in paragraph 3, he shall
not be required to make any reimbursement neither bear any cost nor be liable for any
value corresponding to the service which may have been performed during the period of
withdrawal.
10584/08 LL/vr 12
ANNEX I DG I LIMITE EN
Option C:
2. If a completed standard information form as required by Article 3a(1) or a completed
standard withdrawal form as required by Article 4(3) have has not been provided to the
consumer, the withdrawal period shall expire after one year.
3. If the information forms referred to in paragraph 2 are is provided within the one-year
period, the withdrawal period shall begin from the day the consumer receives the
information forms.
4 In the case where the exchange contract is offered to the consumer together with and at
the same time of the timeshare contract, the period of withdrawal for both contracts
shall begin when the consumer has signed both contracts. The provisions in paragraphs
2 and 3 apply accordingly.
Articles 5a and 5b of document 9286/2/08 REV 2 remain unchanged.
A new paragraph 6 is inserted in Article 4 as follows:
6. In cases where the information referred to in Article 3a.1 has not been provided in
writing or on another durable medium, the consumer is deemed not to be bound by the
contract if the missing information is essential. Information is considered to be essential
if it is likely to affect the consumer's decision to conclude the contract. The information
referred to in Article 3a.1 second paragraph, the standard information form including
the essential characteristics of the contract, shall in all cases be considered essential.
10584/08 LL/vr 13
ANNEX I DG I LIMITE EN
Article 9
Judicial and administrative redress
1. Member States shall ensure that adequate and effective means exist to ensure compliance by
the traders with this Directive in the interests of consumers.
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the
following bodies, as determined by national law, may shall be entitled to take action in
accordance with national law before the courts or competent administrative bodies to ensure
that the national provisions for the implementation of this Directive are applied:
(a) public bodies and authorities or their representatives;
(b) consumer organisations having a legitimate interest in protecting consumers;
(c) professional organisations having a legitimate interest in acting.
Article 10
Consumer information and out-of-court redress
1. Member States shall take the appropriate measures to inform the consumer of the national law
transposing this Directive and shall encourage, where appropriate, traders and code owners
to inform consumers of their codes of conduct.
Member States may encourage the development of codes of conduct and ensure that
they are accessible at a distance, by electronic means.
Member States shall, in cooperation with the Commission, encourage the drawing up at
Community level, particularly by professional bodies, organisations and associations, of
codes of conduct aimed at facilitating the implementation of this Directive, in conformity
with Community law.
10584/08 LL/vr 14
ANNEX I DG I LIMITE EN
2. Member States shall encourage the setting up or development, by national or European
branch organisations, of adequate and effective out-of-court complaints and redress
procedures for the settlement of consumer disputes under this Directive and shall encourage,
where appropriate, traders and their branch organisations to inform consumers of any
such out-of-court complaints and redress procedures.
2a. Member States shall ensure the availability of full information on the legal mechanisms
which may be used by the consumer and the trader under Council Regulation (EC) N°
44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters.
______________________
10584/08 LL/vr 15
ANNEX II DG I LIMITE EN
ANNEX II
INFORMATION ON
CONSUMER CONTRACTS FOR THE PURCHASE OF TIMESHARE/LONG-TERM
HOLIDAY PRODUCT/RESALE/EXCHANGE CONTRACTS:
Identity of the trader(s) which are part(ies) to the contract:
Residence of the trader(s) which are part(ies) to the contract:
Short description of the product (fulfil the appropriate line):
- Timeshare (e.g. description of the immovable property):
- Long-term Holiday Product (e.g. discounts on hotel stays and flights):
- Resale of Timeshare(e.g. preparation of marketing material, contact potential buyers, drafting of
contract) :
- Exchange of Timeshare (e.g. description of the immovable property to be exchanged):
Nature of the right(s):
Period for which the right(s) may be exercised:
Duration of the contract:
Date on which the consumer may start to exercise the contractual right(s):
In the case of Timeshare contract, if the contract concerns a specific property under construction,
date when the accommodation and services/facilities will be completed/available:
Price to be paid by the consumer for acquiring the right(s):
Outline of additional obligatory costs imposed under the contract; type of costs and indication of
amounts:
(e.g. for Timeshare contract: annual fees, other recurrent fees, special levies, local taxes)
(e.g. for Long-term holiday product contract: annual membership fees)
(e.g. for Resale contract: local taxes, notary fees, cost of advertising)
(e.g. for Exchange contract: annual membership fees, other recurrent fees, special levies, local
10584/08 LL/vr 16
ANNEX II DG I LIMITE EN
taxes)
Key services available to the consumer:
Facilities available to the consumer:
Are they included in the costs indicated above?
If no, specify what is included and what has to be paid for :
(e.g. for long-term holiday contract: 3 night stay included in annual membership fee, all other
accommodation must be paid for separately)
(e.g. for exchange contract: transaction fees for concrete exchanges, 150 euro Europe, 200 euro
elsewhere)
In the case of Timeshare contract : is it possible to join an exchange scheme?
If yes, name of exchange scheme:
Indication of costs for membership/exchange:
Where further information can be obtained:
Code of conduct that the trader has signed:
The consumer has the right to withdraw from this contract within 14 calendar days without giving
any reason.
During this withdrawal period, any advance payment by the consumer is prohibited. The
prohibition concerns any consideration, including payment, provision of guarantees, reservation of
money on accounts, explicit acknowledgement of debt etc.
It includes not only payment to the trader, but also to third parties.
_____________________
Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise
10584/08 LL/vr 17
ANNEX III DG I LIMITE EN
ANNEX III
Annexe I - Timeshare
I. Information about the trader I. Information about the trader I. Information about the trader
(a) The identity and residence of the parties,
including specific information on the trader’s
legal status at the time of the conclusion of
the contract, the signatures of the parties and
the date and the place where the contract is
concluded;
(a) The identity and residence of the parties,
including specific information on the trader’s
legal status at the time of the conclusion of
the contract, the signatures of the parties and
the date and the place where the main
contract is concluded;
(a) The identity and residence of the trader
and its legal status
(a) The identity and residence of the trader
and its legal status
The rest is covered by Art 4.2a of the WP
text.
II. Information about the right acquired II. Information about the right acquired II. Information about the right acquired
(b) the exact nature of the right which is the
subject of the contract and a clause setting out
the conditions governing the exercise of that
right within the territory of the Member
States(s) in which the property or properties
concerned are situated and if those conditions
have been fulfilled or, if they have not, what
conditions remain to be fulfilled;
(b) the exact nature of the right which is the
subject of the main contract and a clause
setting out the conditions governing the
exercise of that right within the territory of
the Member States(s) in which the property or
properties concerned are situated and if those
conditions have been fulfilled or, if they have
not, what conditions remain to be fulfilled;
(b) the exact nature of the right which is the
subject of the contract and a clause setting out
the conditions governing the exercise of that
right within the territory of the Member
States(s) in which the property or properties
concerned are situated and if those conditions
have been fulfilled or, if they have not, what
conditions remain to be fulfilled;
(b) the exact nature of the right which is the
subject of the contract,
and a clause setting out the conditions
governing the exercise of that right within the
territory of the Member States(s) in which the
property or properties concerned are situated
and if those conditions have been fulfilled or,
if they have not, what conditions remain to be
fulfilled;
(ba) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
(c) where applicable, the exact period within
which the right which is the subject of the
contract may be exercised and, if necessary,
its duration; the date on which the consumer
may start to exercise the contractual right;
Keep Council text.
Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise
10584/08 LL/vr 18
ANNEX III DG I LIMITE EN
See (fa)
(fa) should the contract offer the right to
occupy one unit of accommodation within a
complex, information concerning
restrictions on the scope for the consumer to
occupy any unit of accommodation at any
time within the complex;
(d) where the contract provides rights to
occupy accommodation selected from a pool
of accommodation, information on any
restrictions on the consumer’s ability to
occupy any accommodation at any time in the
pool;
(d) where the contract provides rights to
occupy accommodation selected from a pool
of accommodation, information on any
restrictions on the consumer’s ability to
occupy use any accommodation in the pool
at any time in the pool;
III. Information about the properties III. Information on the properties III. Information on the properties
(c) where the contract concerns a specific
immovable property, an accurate description
of that property and its location; where the
contract concerns a number of properties
(multi-resorts), an appropriate description of
the properties and their location; where the
contract concerns accommodation other than
immovable property, an appropriate
description of the accommodation and the
facilities;
(c) where the main contract concerns a
specific immovable property, a detailed
description of that property and its location;
where the main contract concerns a number
of properties (multi-resorts), an appropriate
description of the properties and their
location; where the main contract concerns
accommodation other than immovable
property, an appropriate description of the
accommodation and the facilities;
(e) where the contract concerns a specific
immovable property, an accurate description
of that property and its location;
where the contract concerns a number of
properties (multi-resorts), an appropriate
description of the properties and their
location; where the contract concerns
accommodation other than immovable
property, an appropriate description of the
accommodation and the facilities;
(c) where the contract concerns a specific
immovable property, an accurate and detailed
description of that property and its location;
where the contract concerns a number of
properties (multi-resorts), an appropriate
description of the properties and their
location; where the contract concerns
accommodation other than immovable
property, an appropriate description of the
accommodation and the facilities;
(d) the services (e.g. electricity, water,
maintenance, refuse collection) to which the
consumer has or will have access to and
under what conditions;
deleted (f) the services (e.g. electricity, water,
maintenance, refuse collection) to which the
consumer has or will have access to and
under what conditions;
Keep Council text.
(e) the common facilities, such as swimming
pool, sauna, etc, to which the consumer has
or may have access, and, where appropriate,
under what conditions;
deleted (g) where applicable, the common facilities,
such as swimming pool, sauna, etc., to which
the consumer has or may have access and
under what conditions.
Keep Council text.
Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise
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ANNEX III DG I LIMITE EN
IV. Additional requirements for
accommodation under construction
IV. Additional requirements for
accommodation under construction
(h) the state of completion for the
accommodation, and the services rendering
the accommodation fully operational (gas,
electricity, water and telephone connections)
and any facilities to which the consumer will
have access;
Keep Council text.
(i) the deadline for completion of the
accommodation and the services rendering it
fully operational (gas, electricity, water and
telephone connections) and any facilities to
which the consumer will have access;
(i) the deadline for completion of the
accommodation and the services rendering it
fully operational (gas, electricity, water and
telephone connections) and a reasonable
estimate for the deadline for completion of
any facilities to which the consumer will
have access;
(j) where applicable, the number of the
building permit and the name(s) and full
address(es) of the competent authority or
authorities, if the contract concerns a
specific immovable property;
Keep Council text.
(k) where applicable, a guarantee regarding
completion of the accommodation or a
guarantee regarding reimbursement of any
payment made if the accommodation is not
completed and, where appropriate, the
conditions governing the operation of such
guarantees.
Keep Council text.
(f) how maintenance and repairs to the
accommodation and its administration and
management are arranged, including whether
and how consumers may influence and
participate in the decisions regarding these
issues;
(f) how maintenance and repairs to the
accommodation and its administration and
management are arranged, including whether
and how consumers may influence and
participate in the decisions regarding these
issues;
See point (w) No difference. Keep as point (w) due to the
new structure.
Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise
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ANNEX III DG I LIMITE EN
IV. Information on the costs V. Information on the costs V. Information on the costs
(ca) the price to be paid by the consumer; (l) the price to be paid by the consumer; No problem.
(m) an indication of the amount to be paid by
the consumer for the services (e.g. electricity,
water, maintenance, refuse collection);
Keep Council text.
(n) where applicable, an indication of the
amount to be paid by the consumer for the
common facilities, such as swimming pool or
sauna, to which the consumer has or may
have access;
Keep Council text.
(g) an accurate description of how all costs
will be allocated to the consumers and how
and when such costs may be increased; where
relevant, information on whether there are
any charges, mortgages, encumbrances or any
other liens recorded against title to the
accommodation;
(g) an appropriate description of all costs
associated with the timeshare contract; how
these costs will be allocated to the consumers
and how and when such costs may be
increased; where relevant, information on
whether there are any charges, mortgages,
encumbrances or any other liens recorded
against title to the accommodation;
For second part, see (p) of Council text
(o) an accurate description of how all costs
associated with the timeshare contract; how
these costs will be allocated to the consumers
and how and when such costs may be
increased; the method for the calculation of
the amount of charges relating to
occupation of the property, the mandatory
statutory charges (for example, taxes and
fees) and the administrative overheads (for
example, management, maintenance and
repairs);
an accurate and appropriate description of
how all costs associated with the timeshare
contract; how these costs will be allocated to
the consumers and how and when such costs
may be increased; the method for the
calculation of the amount of charges relating
to occupation of the property, the mandatory
statutory charges (for example, taxes and
fees) and the administrative overheads (for
example, management, maintenance and
repairs) (p) where applicable, information on
whether there are any charges, mortgages,
encumbrances or any other liens recorded
against title to the accommodation;
Keep Council text.
(h) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
deleted Deleted as both the EP and the Council
moved the content to point (c) above.
Deletion acceptable.
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ANNEX III DG I LIMITE EN
(i) the price to be paid by the consumer, an
estimate of the amount to be paid by the
consumer for the use of common facilities
and services; the basis for the calculation of
the amount of charges relating to
occupation of the property, the mandatory
statutory charges (for example, taxes and
fees) and the administrative overheads (for
example, management, maintenance and
repairs);
deleted Deleted as the content was moved to the point
(o) above.
Deletion acceptable, subject to confirmation
of Council text under point (o).
(j) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(j) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(r) a statement that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(r) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(k) whether or not it is possible to join a
scheme for the exchange or resale of the
contractual rights, information about the
relevant schemes and an indication of costs
related to resale and exchange through these
schemes;
(k) whether or not it is possible to join a
system for the exchange or resale of the
contractual rights, information about the
relevant exchange system and an indication
of costs related to resale and exchange
through this system;
See point (x)
(x) whether or not it is possible to join a
system for the exchange or resale of the
contractual rights, information about the
relevant systems and an indication of costs
related to exchange and resale through these
systems;
Keep as point (x)
(x) whether or not it is possible to join a
system for the exchange or resale of the
contractual rights, information about the
relevant exchange and resale systems and an
indication of costs related to exchange and
resale through these systems;
(l) indication of the language(s) available
for post-sale communication in relation to
the contract, for instance in relation to
management decisions, increase of costs and
the handling of queries and complaints;
deleted See (y)
Keep the Council text in (y).
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V. Information on the right of withdrawal
and termination of the contract
V. Right of withdrawal and termination of
the contract
V. Information on the right of withdrawal
and termination of the contract
(m) information on the right to withdraw
from the contract and the consequences of
withdrawing from the contract, including a
precise indication of the nature and amount
of the costs which the consumer will be
required to reimburse pursuant to Article 5
(5) if he exercises his right to withdraw;
where appropriate, information on the
arrangements for the termination of the credit
agreement and the ancillary contract linked to
the contract in the event of withdrawal from
the contract; information about the
consequences of such withdrawal;
(m) information on the right to withdraw
from the contract and the consequences of
withdrawing from the contract; where
applicable, information on the arrangements
for the termination of any credit agreement
and the other ancillary contracts linked to the
main contract in the event of withdrawal
from the contract, such as cash-back
schemes or other investment schemes;
information about the consequences of such
withdrawal;
(s) information on the right to withdraw from
the contract and the consequences thereof;
where appropriate, information on the
arrangements for the termination of other
contracts in accordance with Article 7 and
the consequences of such termination;
Keep Council text.
(n) information about the ban on advance
payments during the period during which
the consumer has a right to withdraw from
the contract in accordance with Article 5 (1)
to 5 (3)
deleted see point (v)
Keep Council text in (v).
(o) indication to whom and how the
withdrawal notification is to be sent;
deleted (t) indication to whom and how the
withdrawal notification is to be sent;
Keep Council text.
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(u) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result from
termination;
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(v) information about the ban on advance
payments during the period during which the
consumer has a right to withdraw from the
contract in accordance with Article 5(1)
to (3);
Keep Council text.
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VI. Additional information VII. Additional information VII. Additional information
see (f) (w) how maintenance and repairs of the
property and its administration and
management are arranged, including whether
and how consumers may influence and
participate in the decisions regarding these
issues;
Keep Council text.
(x) whether or not it is possible to join a
system for the exchange or resale of the
contractual rights, information about the
relevant systems and an indication of costs
related to exchange and resale through these
systems;
Keep Council text.
See (l) (y) indication of the language(s) available for
post-sale communication in relation to the
contract, for instance in relation to
management decisions, increase of costs and
the handling of queries and complaints;
Keep Council text.
(p) the existence, content, control and
enforcement of codes of conduct;
(p) whether or not the trader is a signatory
to a code of conduct and where to find it;
(z) where the trader is a signatory of codes of
conduct, information on those codes;
(z) where the trader is a signatory of codes of
conduct, information on those codes and
where to find them.
(q) the possibility for out-of-court dispute
resolution.
(q) the possibility for out-of-court dispute
resolution;
(za) where applicable, the possibility for out-
of-court dispute resolution.
Keep Council text.
Where applicable, that in accordance with
international private law the contract may be
governed by a law other than the national
law of the consumer and possible disputes
may be referred to other courts than the
courts for the place in which the consumer
is resident or is habitually domiciled.
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Annexe III - Long-term holiday products
I. Information about the trader I. Information about the trader
(a) The identity and residence of the parties,
including specific information on the
trader’s legal status at the time of the
conclusion of the contract, the signatures of
the parties and the date and the place where
the contract is concluded;
(a) The identity and official place of business
of the parties responsible for the delivery of
the accommodation, travel or related
products and services to which the consumer
has access as a result of the main contract;
(a) The identity and residence of the trader
and its legal status;
(a) The identity and residence of the trader
and its legal status
The rest is covered by Art 4.2a of the WP
text.
II. Information about the right acquired II. Information about the right acquired II. Information about the right acquired
(b) the exact nature of the right which is the
subject of the contract;
(b) the exact nature and content of the right
which is the subject of the main contract and
an appropriate description of the rights
conferred on the consumer by means of the
contract, including any restriction on the
responsibilities of consumers wishing to
enjoy those rights (e.g. limited availability or
offers promoted or special discounts);
(b) the exact nature and content of the right
which is the subject of the contract and an
accurate description of the rights conferred
on the consumer under the contract,
including any restrictions on the consumer’s
ability to enjoy those rights (e.g. limited
availability or offers provided on a first
come first served basis, or time limits on
particular discount);
(b) the exact nature and content of the right
which is the subject of the contract
an appropriate and correct description of
discounts available for future bookings,
illustrated by the set of examples of recent
offers
restrictions on the consumer’s ability to use
the rights, such as limited availability or
offers provided on a first come first served
basis, time limits on particular promoted or
special discount;
(c) the exact period within which the right
which is the subject of the contract may be,
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
(c) the exact period within which the right
which is the subject of the contract may be,
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
(c) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
No problem.
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(ca) an appropriate and correct description
of the accommodations available for future
bookings, an indication and guarantee of
the discount rate, and the time periods in
which this is available;
III. Information on the costs III. Information on the costs III. Information on the costs
(d) the price to be paid by the consumer; (d) the price to be paid by the consumer,
including any periodic cost;
(d) the price to be paid by the consumer,
including any recurring costs;
(d) the price to be paid by the consumer,
including any recurring costs the consumer
can expect to incur resulting from his right
to obtain access to the accommodation,
travel and any related products or services
as specified;
(da) when applicable, the exact nature of the
discount(s) available, a comparison to the
full price of the relevant movable or
immovable property, travel or any related
products or services;
Covered in point II. (b) above.
(db) an explanation of how any fees to be
paid to maintain the right can be changed
and an estimate of future fees;
(dc) details of any other costs the consumer
can expect to incur resulting from his right
to obtain access to the accommodation,
travel or any related products or services as
specified;
Covered in point III. (d) above.
(e) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(e) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(e) a statement that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(e) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
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(f) indication of the language(s) available
for post-sale communication in relation to
the contract, for instance in relation to the
handling of queries and complaints;
deleted See (j) Keep Council text in (j)
IV. Information on the right of withdrawal
and termination of the contract
IV. Right of withdrawal and termination of
the contract
IV. Information on the right of withdrawal
and termination of the contract
(g) information on the right to withdraw from
the contract and the consequences of
withdrawing from the contract, including a
precise indication of the nature and amount
of the costs which the consumer will be
required to reimburse pursuant to Article 5
(5) if he exercises his right to withdraw;
where appropriate, information on the
arrangements for the termination of the credit
agreement and the ancillary contract linked to
the contract in the event of withdrawal from
the contract; information about the
consequences of such withdrawal;
(g) information on the right to withdraw from
the contract and the consequences of
withdrawing from the contract; where
applicable, information on the arrangements
for the termination of any credit agreement
and the other ancillary contracts linked to the
main contract in the event of withdrawal
from the contract, such as cash-back
schemes or other investment schemes;
information about the consequences of such
withdrawal;
(f) information on the right to withdraw from
the contract and the consequences thereof;
where appropriate, information on the
arrangements for the termination of other
contracts in accordance with Article 7 and the
consequences of such termination;
Keep Council text.
(h) information about the ban on advance
payments during the period during which
the consumer has a right to withdraw from
the contract in accordance with Article 5 (1)
to 5 (3);
deleted see (i)
(i) indication to whom and how the
withdrawal notification is to be sent;
deleted (g) indication to whom and how the
withdrawal notification is to be sent;
Keep Council text.
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(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(h) conditions for terminating the contract,
the consequences of termination, and
information on any liability on the consumer
for any costs which might result from
termination;
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
see (h) (i) information about the ban on advance
payments during the period during which
the consumer has a right to withdraw from
the contract in accordance with Article 5(1)
to (3);
Keep Council text.
V. Additional information V. Additional information
(j) indication of the language(s) available
for post-sale communication in relation to
the contract, for instance in relation to the
handling of queries and complaints;
Keep Council text.
(j) the existence, content, control and
enforcement of codes of conduct;
(p) whether or not the trader is a signatory
to a code of conduct and where to find it;
(k) where the trader is a signatory of codes of
conduct, information on those codes;
(k) where the trader is a signatory of codes of
conduct, information on those codes and
where to find them.
(k) the possibility for out-of-court dispute
resolution.
(k) the possibility for out-of-court dispute
resolution.
(l) where applicable, the possibility for out-
of-court dispute resolution.
Keep Council text.
Where applicable, that in accordance with
international private law the contract may be
governed by a law other than the national
law of the consumer and possible disputes
may be referred to other courts than the
courts for the place in which the consumer
is resident or is habitually domiciled.
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Annexe IV - Resale
I. Information about the trader I. Information about the trader I. Information about the trader
(a) The identity and residence of the parties,
including specific information on the trader’s
legal status at the time of the conclusion of
the contract, the signatures of the parties and
the date and the place where the contract is
concluded;
(a) The identity and residence of the parties,
including specific information on the
trader’s legal status at the time of the
conclusion of the contract, the signatures of
the parties and the date and the place where
the contract is concluded;
(a) The identity and residence of the trader
and its legal status;
(a) The identity and residence of the trader
and its legal status
The rest is covered by Art 4.2a of the WP
text.
II. Information about the service provided II. Information about the service provided II. Information about the service provided
(aa) an accurate description of the services
to be provided under the contract (e.g.
marketing);
(b) an accurate description of the services to
be provided under the contract (e.g.
marketing);
No problem.
III. Information on the costs III. Information on the costs III. Information on the costs
(b) the price to be paid by the consumer for
the resale services;
(b) the price to be paid by the consumer for
the resale services;
(c) the price to be paid by the consumer for
the resale services;
(c) the price to be paid by the consumer for
the resale services, including marketing
costs;
(c) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(c) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(d) a statement that the consumer shall not
bear any other costs or obligations other than
those specified in the contract.
(d) a clause stating that the consumer shall
not bear any other costs or obligations other
than those specified in the contract;
(d) indication of the language(s) available
for communication with the trader, for
instance in relation to the handling of
queries and complaints;
deleted
See point (i).
Keep Council text in (i)
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IV. Information on the right of withdrawal
and termination of the contract
IV. The right of withdrawal and termination
of the contract
IV. Information on the right of withdrawal
and termination of the contract
(e) information on the right to withdraw from
the contract and the consequences of
withdrawing from the contract, including a
precise indication of the nature and amount
of the costs which the consumer will be
required to reimburse pursuant to Article 5
(5) if he exercises his right to withdraw;
(e) information on the right to withdraw from
the resale contract and the consequences of
withdrawing from the contract;
(e) information on the right to withdraw from
the resale contract and the consequences
thereof;
Keep Council text.
(f) information about the ban on advance
payments until the actual sale has taken place
or the resale contract otherwise is terminated;
see (f) see (h)
(g) indication to whom and how the
withdrawal notification is to be sent;
deleted (f) indication to whom and how the
withdrawal notification is to be sent;
Keep Council text.
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(g) conditions for terminating the contract,
the consequences of termination, and
information on any liability on the consumer
for any costs which might result from
termination;
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(f) information about the ban on advance
payments as determined in accordance with
Article 6(3) until the actual sale has taken
place or the resale contract otherwise is
terminated;
(h) information about the ban on advance
payments until the actual sale has taken place
or the resale contract otherwise is terminated.
Keep Council text.
V. Additional information V. Additional information V. Additional information
(i) indication of the language(s) available
for communication with the trader, for
instance in relation to the handling of
queries and complaints;
Keep Council text.
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(h) the existence, content, control and
enforcement of codes of conduct;
(p) whether or not the trader is a signatory
to a code of conduct and where to find it;
(j) where the trader is a signatory of codes of
conduct, information on those codes;
(k) where the trader is a signatory of codes of
conduct, information on those codes and
where to find them.
(i) the possibility for out-of-court dispute
resolution.
(i) the possibility for out-of-court dispute
resolution.
(k) where applicable, the possibility for out-
of-court dispute resolution.
Keep Council text.
Where applicable, that in accordance with
international private law the contract may be
governed by a law other than the national
law of the consumer and possible disputes
may be referred to other courts than the
courts for the place in which the consumer
is resident or is habitually domiciled.
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Annexe V - Exchange
I. Information about the trader I. Information about the trader
(a) The identity and residence of the parties,
including specific information on the trader’s
legal status at the time of the conclusion of
the contract, the signatures of the parties and
the date and the place where the contract is
concluded;
(a) The identity and residence of the parties,
including specific information on the trader’s
legal status at the time of the conclusion of
the contract, the signatures of the parties and
the date and the place where the contract is
concluded;
(a) The identity and residence of the trader
and its legal status;
(a) The identity and residence of the trader
and its legal status
The rest is covered by Art 4.2a of the WP
text.
II. Information about the right acquired II. Information about the right acquired II. Information about the right acquired
(b) the exact nature of the right which is the
subject of the contract;
(b) the exact nature and content of the right
which is the subject of the contract;
(b) the exact nature and content of the right
which is the subject of the contract;
No problem.
(ba) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
(ba) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
No problem.
(bb) an explanation of the added value of the
services offered by the exchange trader;
(bb) an explanation of the added value of the
services offered by the exchange trader;
No problem.
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see (h) (c) explanation of how the exchange system
works; the possibilities and modalities for
exchange, as well as an indication of the
number of resorts available and the number of
members in the exchange system, including
any limitations on the availability of
particular accommodation selected by the
consumer, for example, as the result of peak
periods of demand, the potential need to book
a long time in advance, and indications of any
restrictions of the timeshare rights deposited
into the exchange system by the consumer,
including, where appropriate, limitations
based on the number of points allotted to or
held by the consumer and a set of examples
of concrete exchange possibilities;
No problem. Keep here due to the new
structure.
(d) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right.
Keep Council text.
III. Information about the properties III. Information about the properties III. Information about the properties
(c) an appropriate description of the
properties and their location; where the
contract concerns accommodation other than
immovable property, an appropriate
description of the accommodation and the
facilities;
(c) where the consumer can obtain an
appropriate description of the properties and
their location; where the contract concerns
accommodation other than immovable
property, an appropriate description of the
accommodation and the facilities;
(e) an appropriate description of the
properties and their location; where the
contract concerns accommodation other than
immovable property, an appropriate
description of the accommodation and the
facilities;
(c) where the consumer can obtain an
appropriate description of the properties and
their location; where the contract concerns
accommodation other than immovable
property, an appropriate description of the
accommodation and the facilities;
(d) the exact period within which the right
which is the subject of the contract may be
exercised and, if necessary, its duration; the
date on which the consumer may start to
exercise the contractual right;
see (ba) see (ba)
No problem.
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IV. Information on the costs IV. Information on the costs IV. Information on the costs
(e) the price to be paid by the consumer, an
estimate of the amount to be paid by the
consumer for the use of common facilities
and services; the basis for the calculation of
the amount of charges relating to
occupation of the property, the mandatory
statutory charges (for example, taxes and
fees) and the administrative overheads (for
example, management, maintenance and
repairs);
(e) the price to be paid by the consumer, an
estimate of the amount to be paid by the
consumer for the exchange membership and
individual exchange transactions;
(f) the price to be paid by the consumer for
the exchange system membership and any
renewal fees and the current price to be paid
per exchange;
(f) the price to be paid by the consumer for
the exchange system membership, any
renewal fees and an estimate of the current
price to be paid for individual exchange
transactions
(ea) information on the obligation on the
trader to provide details before an exchange
is arranged, in respect of each proposed
exchange, of any additional charges for
which the consumer will be liable in respect
of the exchange;
(g) information on the obligation on the
trader to provide details before an exchange
is arranged, in respect of each proposed
exchange, of any additional charges for
which the consumer is liable in respect of
the exchange;
(g) additional charges the consumer will be
liable for a result of individual exchange
transactions;
N.B. Alignment of the text with point (f)
above.
(f) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(f) a clause stating that the consumer shall not
bear any other costs or obligations other than
those specified in the contract;
(h) a statement that the consumer shall not
bear any other costs or obligations other than
those specified in the contract.
(h) a clause stating that the consumer shall
not bear any other costs or obligations other
than those specified in the contract;
(g) indication of the language(s) available
for communication with the trader, for
instance in relation to the handling of
queries and complaints;
deleted see (l)
Keep Council text in point (l)
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(h) explanation of how the exchange system
works; the possibilities and modalities for
exchange, as well as an indication of the
number of resorts available and the number
of members in the exchange system and a set
of examples of concrete exchange
possibilities;
(h) an explanation of the way in which the
exchange system works and the possibilities
and modalities for exchange, as well as an
indication of the number of resorts available
and the number of members in the exchange
system, including any limitations on the
availability of particular accommodation
selected by the consumer, for example as the
result of peak periods of demand and/or the
potential need to book a long time in
advance, and indications of any restrictions
of the timeshare rights deposited into the
exchange system by the consumer,
including, where appropriate, limitations
based on the number of points allotted to or
held by the consumer and a set of examples
of concrete exchange possibilities;
Acceptable. See point (c) above.
V. Information on the right of withdrawal
and termination of the contract
V. Right of withdrawal and termination of
the contract
V. Information on the right of withdrawal
and termination of the contract
(i) information on the right to withdraw from
the contract and the consequences of
withdrawing from the contract, including a
precise indication of the nature and amount
of the costs which the consumer will be
required to reimburse pursuant to Article 5
(5) if he exercises his right to withdraw;
where appropriate, information on the
arrangements for the termination of the
credit agreement and the ancillary contract
linked to the contract in the event of
withdrawal from the contract; information
about the consequences of such withdrawal;
(i) information on the automatic termination
of the exchange contract in the event the
consumer’s withdrawing from the main
contract during the withdrawal period;
(i) information on the right to withdraw from
the contract and the consequences thereof;
where appropriate, information on the
arrangements for the termination of other
contracts in accordance with Article 7 and the
consequences of such termination;
Keep Council text.
see (k) (j) indication to whom and how the
withdrawal notification is to be sent;
No problem. Keep here due to the new
structure.
Text proposed by the Commission IMCO Amendments Council Working Party (doc. 8195/08) Possible compromise
10584/08 LL/vr 35
ANNEX III DG I LIMITE EN
(j) information about the ban on advance
payments during the period during which
the consumer has a right to withdraw from
the contract in accordance with Article 5 (1)
to 5 (3)
deleted (k) information about the ban on advance
payments during the period during which the
consumer has a right to withdraw from the
contract in accordance with Article 5(1) to
(3);
Keep Council text.
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
(ma) conditions for terminating the contract,
the consequences of termination and
information on any liability on the consumer
for any costs which might result of such
termination;
VI. Additional information VI. Additional information VI. Additional information
see (g) (l) indication of the language(s) available for
communication with the trader , for instance
in relation to the handling of queries and
complaints;
Keep Council text.
(k) indication to whom and how the
withdrawal notification is to be sent;
(k) indication to whom and how the
withdrawal notification is to be sent;
see (j)
(l) the existence, content, control and
enforcement of codes of conduct;
(p) whether or not the trader is a signatory
to a code of conduct and where to find it;
(m) where the trader is a signatory of codes
of conduct, information on those codes;
(m) where the trader is a signatory of codes of
conduct, information on those codes and
where to find them.
(m) the possibility for out-of-court dispute
resolution;
(m) the possibility for out-of-court dispute
resolution;
(o) where applicable, the possibility for out-
of-court dispute resolution.
Keep Council text.
Where applicable, that in accordance with
international private law the contract may be
governed by a law other than the national law
of the consumer and possible disputes may be
referred to other courts than the courts for the
place in which the consumer is resident or is
habitually domiciled.