WRITTEN QUESTION E-2496/00 by Salvador Garriga Polledo (PPE-DE) to the Commission. Means of sidestepping legislation governing companies selling time-share properties.
Date: 2000-08-02
Institutions: European Parliament, Provisional data
Subjects: derogation from EU law, property development, time-sharing

C 89 E/200

Official Journal of the European Communities

EN

20.3.2001

Finally, in line with its Communication of 12 May 2000 entitled (cid:145)Towards a barrier free Europe for people
with disabilities(cid:146) (2), the Commission is proposing to undertake a series of initiatives to improve access for
disabled people to public transport and the built environment.

(1) COM(1999) 564 final.
(2) COM(2000) 284 final.

(2001/C 89 E/226)

WRITTEN QUESTION E-2492/00

by Raffaele Costa (PPE-DE) to the Commission

(24 July 2000)

Subject: European funding of the road network linking France with Piedmont

The road, or rather, motorway link between southern France and southern Piedmont was supposed to be
one of the trans-European networks which the European Union should have been financing for years.

What is preventing the European Union from contributing to the funding of this link?

Answer given by Mrs de Palacio on behalf of the Commission

(14 September 2000)

The projected motorway link between Nice (F) and Cuneo (I) is included as a project of common interest
set out in the maps attached to decision of the Parliament and of the Council No 1692/96/EC of 23 July
1996 on Community guidelines for the development of the trans-European transport network (TEN-T) (1).

Common-interest projects may receive Community financial support of up to 50 % of the total cost for the
design and 10 % for the works involved, solely on a proposal from the Member States, following approval
of the TEN-T financial assistance committee.

As part of the TEN-T budget the Commission has funded an impact study on that route (€ 220 000). Since
then no other request has been made by the Member States concerned.

(1) OJ L 228, 9.9.1996.

(2001/C 89 E/227)

WRITTEN QUESTION E-2496/00

by Salvador Garriga Polledo (PPE-DE) to the Commission

(2 August 2000)

Subject: Means of sidestepping legislation governing companies selling time-share properties

Every law has its loophole, as the experience with time-share properties shows. Companies selling time-
share properties have been reinventing themselves as holiday clubs as a means of sidestepping Community
legislation on the use of immovable holiday property on a time-share basis.

In the view of many experts, companies previously involved in marketing holiday property are now selling
holiday club vouchers and are thus avoiding falling within the scope of Community legislation, despite
engaging in the same activity.

How does the Commission believe it could combat this particular means of sidestepping Community
legislation, with a view to upholding the legitimate rights of users who are routinely cheated by those
offering this type of holiday accommodation, which is a constant source of irregularities and deceit?

20.3.2001

EN

Official Journal of the European Communities

C 89 E/201

Answer given by Mr Byrne on behalf of the Commission

(28 September 2000)

The Commission is aware of the marketing in some Member States of new products which in principle fall
outside the scope of many national legislations implementing Directive 94/47/EC of the Parliament and the
Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts
relating to the purchase of the right to use immovable properties on a timeshare basis (1).

The Commission mentioned them in the report of 4 November 1999 on the application of Directive 94/
47/EC (2). This report provides a comparative picture of the various approaches adopted by Member States
in implementing Directive 94/47/EC and identifies the problems (such as described by the Honourable
Member) still faced by private parties in their dealings with timeshare developers and vendors draws.

The Commission invited interested parties to submit, by 30 April 2000, any comments they may have on
this report and any answers to its conclusions.

The Commission has received some 25 reactions coming from consumer organisations, the timeshare
industry, lawyers, universities as well as public agencies from eight Member States.

The Commission is now examining each reply and will in due time make it possible to reopen the debate
on possible adaptations or amendments to Directive 94/47/EC.

(1) OJ L 280, 29.10.1994.
(2) SEC(1999) 1795.

(2001/C 89 E/228)

WRITTEN QUESTION E-2499/00

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: Discrimination in language studies on grounds of age

(2 August 2000)

One must be 14 years of age in order to be able to begin studying at the official language school in
Marbella, in the Spanish region of Andalusia, since the Regional Government(cid:146)s Official Gazette states that
14 is the ideal age at which to commence such studies.

Because of this approach, 416 people in all have been denied a place on some of the courses on offer at
the aforementioned school, whose new rules give priority to pupils aged 14, 15 and 16.

Since this criterion amounts to a clear infringement of the fundamental rights which are constitutionally
guaranteed to all citizens in EU Member States and cannot be challenged on any grounds, including age,
does the Commission see the need for appropriate action to alter these discriminatory criteria and
guarantee that all citizens wishing to study languages at the aforementioned school are equally entitled to
do so, regardless of age?

Answer given by Ms Reding on behalf of the Commission

(25 September 2000)

Article 149 (ex Article 126) of the EC Treaty provides that the Community shall contribute to the
development of quality education, particularly through the teaching and dissemination of the languages of
the Member States. However, the content of teaching and the organisation of education systems remain the
responsibility of the Member States. Introducing a minimum age for entry to a specialist language school
where access to language courses is available to pupils of other schools is a matter of national jurisdiction.