Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-07-03-Speech-3-193"

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"Mr President, Mr Medina and Mr Marinho have methodically highlighted the shortcomings in current Community legislation on timeshares and shown that, if it is to be effective, unilateral regulations are no good. A large majority in the Committee on Legal Affairs agreed with this approach, which is why we should adopt it unanimously. The new legislative proposal to come out of the report should: first, provide an integrated response to the problems which consumers have faced in the past, secondly, abolish the practice of circumventing the guarantees set out in Community legislation and, thirdly, protect all the parties involved. This means that all new contractual forms for the enjoyment of immovable property on a timeshare basis should be included in the scope of the directive, without any reference to fixed time limits as regards either the minimum duration of a contract or the annual period of use. In addition, we need rules: one, that guarantee that agents will honour their contractual obligations in the long term, even if they go bankrupt or are insolvent, and restrict the number of agencies licensed, two, governing the right of the consumer and the obligation of the undertaking to allow the consumer to purchase his timeshare on the basis of a specific price and, three, on the system for exchanging timeshares. Problems have arisen in practice, as has the question of international jurisdiction and applicable law, which is why jurisdiction clauses referring to offshore jurisdictions or simply to jurisdictions other than in the place in which the property is situated should be banned, as should clauses referring to the law of a third country. As we have already said in connection with the need to avoid unilateral regulations, the question of the property owner's interests still needs to be resolved. In addition, this system needs to be treated as a way of developing tourism and providing jobs. Finally, given past experience, we need to look at the possibility of a new information campaign at European level promoting reliable timeshare companies."@en1

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