Activities of Bernadette VERGNAUD related to 2007/0113(COD)
Plenary speeches (1)
Protection of consumers in respect of certain aspects of timeshares (debate)
Amendments (18)
Amendment 93 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to enhance legal certainty and fully achieve the benefits of the internal market for consumers and businesses, the relevant laws of the Member States need to be approximated further. However,A system for the certain aspects Member States should be able to continue to apply stricter rulesification of traders should be created at European level, alongside a mutual warning system between Member States so that complaints may be brought against infringements potentially warranting the withdrawal of certification and information disseminated to consumers. However, Member States may adopt or maintain more favourable consumer protection rules in the fields governed by this directive, without prejudice to their obligations under the Treaty.
Amendment 102 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to give the consumer the possibility to fully understand what his obligations and rights are under the contract he should be allowed a period during which he may withdraw from the contract without having to justify it, and a cooling-off period before the conclusion of the contract. Currently the length of thisese periods varies between Member States, and experience shows that the length prescribed in Directive 94/47/EC is not sufficiently long. The periods should therefore be extended and harmonised and calculated in working days.
Amendment 105 #
Proposal for a directive
Recital 11
Recital 11
(11) It is necessary that Member States lay downdetermine the system of sanctions applicable, including criminal law penalties, and that these sanctions should be effective, proportionate and dissuasive sanctions for infringements of this Directive.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Member States may continue to applyadopt or maintain national provisions in the field approximated by this Directive which are more stringent to ensure a higher level of consumer protection, and which relate to a) the starting point for the right of withdrawal; b) the modalities of exercising the right of withdrawal; c) the effects of exercising the right of withdrawalfavourable to consumer protection in the areas governed by this Directive, without prejudice to their obligations under the Treaty.
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point (g)
Article 2 – paragraph 1 – point (g)
g) 'ancillary contract' means any contract which is subordinatedcomplementary to another contract.
Amendment 133 #
Proposal for a directive
Article 2 – paragraph 1 – point (ga) (new)
Article 2 – paragraph 1 – point (ga) (new)
(g a) ‘aggressive commercial practice’ means a practice which, in its factual context, taking account of all its features and circumstances, by harassment, coercion or undue influence, significantly impairs or is likely to significantly impair the average consumer’s freedom of choice or conduct with regard to the product and thereby causes him or is likely to cause him to take a transactional decision that he would not have taken otherwise.
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
The trader shall provide a consumer requesting information with written information which, in addition to a general description of the product, shall provide at least brief and accurate information on the following items, where applicable:
Amendment 147 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumer, in easily legible characters, and drawn up in the language or one of the languages of 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 a national which shall be an official language or official languages of the Community, at the consumer’s option. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the immovable property is situated which shall be an official language or official languages of the Community.
Amendment 155 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from circumstances beyond the trader’s control.
Amendment 159 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Before the signing of the contract, the trader shall explicitly draw the consumer’s attention to the existence of the right of withdrawal and the length of the cooling- off and withdrawal periods referred to in Article 5 and the ban on advance payment during the withdrawal period referred to in Article 6.
Amendment 169 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, before the contract is entered into, the consumer is allowed a cooling-off period of seven working days, and that, after entering into a contract, the consumer has the right to withdraw, without giving any reason, within fourteen working days of both parties' signing the contract or of both parties' signing a binding prelimthe finaryl contract. If the fourteenth day is a public holiday, the period shall be extended to the first working day thereafter. , including in cases where such contract has been preceded by a binding preliminary contract.
Amendment 183 #
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, and in a manner susceptible of proof under national legislation, notify the person whose name and address appear in the contract for that purpose pursuant to point (p) of Annex I. The deadline shall be deemed to have been observed if the notification, if it is in writing, is dispatched before the deadline expires.
Amendment 186 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 207 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide for appropriate sanctionsdetermine the system of sanctions applicable, including criminal law penalties, in the event of the failure of the trader to comply with the national provisions adopted pursuant to this Directive.
Amendment 246 #
Proposal for a directive
Annex I – point (m)
Annex I – point (m)
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;
Amendment 267 #
Proposal for a directive
Annex III – point (g)
Annex III – point (g)
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;
Amendment 289 #
Proposal for a directive
Annex IV – point (e)
Annex IV – point (e)
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;
Amendment 316 #
Proposal for a directive
Annex V – point (i)
Annex V – point (i)
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;