Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts (Text with EEA relevance)
Date: 2009-01-14
Institutions: Council of the European Union, European Parliament
Subjects: acquisition of property, consumer protection, contract, holiday, real property, time-sharing

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DIRECTIVES

DIRECTIVE 2008/122/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 January 2009

on the protection of consumers in respect of certain aspects of timeshare,

long-term holiday

product, resale and exchange contracts

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 95 thereof,

establishing the European

for consumers, thus hindering the smooth functioning of
the internal market. Directive 94/47/EC should therefore
be replaced by a new up-to-date directive. Since tourism
plays an increasingly important role in the economies of
the Member States, greater growth and productivity in
the timeshare and long-term holiday product industries
should be encouraged by adopting certain common rules.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

the

timeshare has

adoption of Directive 94/47/EC of

Since
the
European Parliament and of 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 (3),
evolved and new holiday
products similar to it have appeared on the market.
These new holiday products and certain transactions
related to timeshare,
contracts and
such as
resale
exchange
covered by Directive
are not
94/47/EC. In addition, experience with the application
of Directive 94/47/EC has shown that some subjects
already covered need to be updated or clarified,
in
order to prevent the development of products aiming
at circumventing this Directive.

contracts,

existing

The
appreciable
distortions of competition and cause serious problems

regulatory

create

gaps

(1) OJ C 44, 16.2.2008, p. 27.
(2) Opinion of the European Parliament of 22 October 2008 (not yet
and Council Decision of

Journal)

published in the Official
18 December 2008.

(3) OJ L 280, 29.10.1994, p. 83.

(3)

(4)

contracts

introduce

in their national

In order to enhance legal certainty and fully achieve the
benefits of the internal market for consumers and busi­
nesses, the relevant laws of the Member States need to be
approximated further. Therefore, certain aspects of the
marketing, sale and resale of timeshares and long-term
rights
holiday products as well as the exchange of
deriving from timeshare
fully
should be
harmonised. Member States should not be allowed to
legislation
maintain or
provisions diverging from those laid down in this
Directive. Where no such harmonised provisions exist,
should remain free to maintain or
Member States
legislation in conformity with
introduce national
Community law. Thus, Member States
for
instance, be able to maintain or introduce provisions
in
on the effects of exercising the right of withdrawal
this
legal
no
Directive
commitment may be entered into between a consumer
and a trader of a timeshare or long-term holiday product,
nor any payment made between those persons, as long
as the consumer has not signed a credit agreement to
finance the purchase of those services.

falling outside the scope of
to which

relationships
or

provisions

according

should,

the provisions of

This Directive should be without prejudice to the appli­
cation by Member States, in accordance with Community
this Directive to areas not
law, of
within its
could therefore
maintain or introduce national legislation corresponding
to the provisions of
its
provisions in relation to transactions that fall outside
the scope of this Directive.

this Directive or certain of

scope. Member

States

(5)

The different contracts covered by this Directive should
be clearly defined in such a way as to preclude circum­
vention of its provisions.

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(6)

(7)

(8)

(9)

(10)

(11)

including hotel rooms,

For the purposes of this Directive, timeshare contracts
should not be understood as covering multiple reser­
vations of accommodation,
in
so far as multiple reservations do not imply rights and
obligations beyond those arising from separate reser­
vations. Nor should timeshare contracts be understood
as covering ordinary lease contracts since the latter refer
to one single continuous period of occupation and not to
multiple periods.

be

this Directive,

should not
loyalty

long-term holiday
For the purposes of
as
understood
product
contracts
covering ordinary
schemes which provide
discounts on future stays in the hotels of a hotel chain,
since membership in the scheme is not obtained for
the consideration paid by the
consideration nor
is
consumer primarily
the purpose of obtaining
for
discounts or other benefits in respect of accommodation.

This Directive should not affect the provisions of Council
Directive 90/314/EEC of 13 June 1990 on package
travel, package holidays and package tours (1).

and other unfair

Directive 2005/29/EC of the European Parliament and of
the Council of 11 May 2005 concerning unfair business-
to-consumer commercial practices in the internal market
(Unfair Commercial Practices Directive) (2) prohibits
misleading, aggressive
commercial
business-to-consumer practices. Given the nature of the
products and the commercial practices related to time­
shares, long-term holiday products, resale and exchange,
it
is appropriate to adopt more detailed and specific
provisions regarding information requirements and sales
events. The commercial purpose of invitations to sales
to consumers. The
events
provisions concerning pre-contractual
information and
the contract should be clarified and updated. In order
to give consumers the possibility to acquaint themselves
with the information before the conclusion of
the
it should be provided by means which are
contract,
easily accessible to them at that time.

should be made

clear

Consumers should have the right, which should not be
refused by traders, to be provided with pre-contractual
their
information and the contract
choice, with which they are familiar.
in
order to facilitate the execution and the enforcement of
should be allowed to
the contract, Member States
determine that further language versions of the contract
should be provided to consumers.

in a language, of

In addition,

In order to provide consumers with the opportunity of
fully understanding their rights and obligations under the
contract, they should be allowed a period during which
they may withdraw from the contract without having to
justify the withdrawal and without bearing any cost.
Currently the length of
this period varies between
Member States, and experience shows that the length

(12)

(13)

(14)

(15)

(16)

sufficiently
prescribed in Directive 94/47/EC is not
long. The period should therefore be extended in order
to achieve a high level of consumer protection and more
clarity for consumers and traders. The length of
the
period, the modalities for and the effects of exercising
the right of withdrawal should be harmonised.

the time of

the contract at

Consumers should have effective remedies in the event
that traders do not comply with the provisions regarding
pre-contractual information or the contract, in particular
those laying down that the contract should include all
the information required and that the consumer should
its
receive a copy of
conclusion. In addition to the remedies existing under
national
from an
extended withdrawal period where information has not
been provided by traders. The exercise of the right of
withdrawal should remain free of charge during that
extended period regardless of what services consumers
the withdrawal
may have enjoyed. The expiration of
from seeking
period does not preclude consumers
remedies in accordance with national
law for breaches
of the information requirements.

should benefit

consumers

law,

Council Regulation (EEC, Euratom) No 1182/71 of
to
3 June 1971 determining the
periods, dates and time limits (3) should apply to the
calculation of the periods set out in this Directive.

applicable

rules

The prohibition on advance payments to traders or any
the withdrawal period
third party before the end of
to improve consumer
should be clarified in order
the prohibition of
protection. For
resale
the actual sale
advance payment should apply until
takes place or the resale contract
is terminated, but
Member States should remain free to regulate the possi­
bility and modalities of final payments to intermediaries
where resale contracts are terminated.

contracts,

into consideration the possibility

For long-term holiday product contracts, the price to be
paid in the context of a staggered payment schedule
that
could take
subsequent amounts could be adjusted after the first
year in order to ensure that
those
instalments is maintained, for instance to take account
of inflation.

the real value of

In the event of a consumer withdrawing from a contract
where the price is entirely or partly covered by credit
granted to the consumer by the trader or by a third
party on the basis of an arrangement between that
third party and the trader, the credit agreement should
be terminated at no cost to the consumer. The same
related services
should apply to contracts for other
provided by the trader or by a third party on the basis
of an arrangement between that
third party and the
trader.

(1) OJ L 158, 23.6.1990, p. 59.
(2) OJ L 149, 11.6.2005, p. 22.

(3) OJ L 124, 8.6.1971, p. 1.

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(17)

(18)

(19)

(20)

(21)

be

law,

applicable,

the protection
Consumers should not be deprived of
granted by this Directive where the law applicable to
the contract is that of a Member State. The law applicable
to a contract should be determined in accordance with
in
the Community rules on private international
particular Regulation (EC) No 593/2008 of
the
European Parliament and of
the Council of 17 June
2008 on the law applicable to contractual obligations
(Rome I) (1). Under that Regulation, the law of a third
in particular where
country may
consumers are targeted by traders whilst on holiday in
a country other than their country of residence. Given
that such commercial practices are common in the area
covered by this Directive and that the contracts involve
considerable amounts of money, an additional safeguard
should be provided in certain specific situations,
in
particular where the courts of any Member State have
jurisdiction over
the
contract,
consumer is not deprived of the protection granted by
this Directive. This concept reflects the particular needs
of
typical
complexity, long-term nature and financial relevance of
the contracts falling within the scope of this Directive.

consumer protection arising

to ensure

from the

that

the

It should be determined in accordance with Council
Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters (2) which
courts have jurisdiction in proceedings which have as
their object matters covered by this Directive.

to ensure that

this Directive is fully effective,

the protection afforded to
In order
consumers under
in
particular as regards compliance by traders with the
the pre-contractual
information requirements both at
stage and in the contract,
the
Member States lay down effective, proportionate and
dissuasive penalties for infringements of this Directive.

is necessary that

it

It is necessary to ensure that persons or organisations
having, under national
law, a legitimate interest in the
matter have legal remedies for initiating proceedings
against infringements of this Directive.

It is necessary to develop suitable and effective redress
procedures in the Member States for settling disputes
between consumers and traders. To this end, Member
States should encourage the establishment of public or
private bodies for settling disputes out of court.

(22) Member States should ensure that consumers are effec­
tively informed of the national provisions transposing
this Directive and encourage traders and code owners
to inform consumers about their codes of conduct in

(23)

(24)

(25)

this field. With the aim of pursuing a high level of
consumer protection, consumer organisations could be
informed of, and involved in, the drafting of codes of
conduct.

this Directive cannot be suf­
Since the objectives of
and can
ficiently achieved by the Member States
therefore be better achieved at Community level,
the
Community may adopt measures in accordance with
the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of propor­
tionality, as set out in that Article, this Directive does not
go beyond what is necessary in order to eliminate the
internal market barriers and achieve a high common level
of consumer protection.

the fundamental

rights and
This Directive respects
observes the principles recognised in particular by the
European Convention on Human Rights and Funda­
mental Freedoms and the Charter of Fundamental
Rights of the European Union.

In accordance with point 34 of
the Interinstitutional
agreement on better law-making (3), Member States are
encouraged to draw up,
themselves and in the
for
their own tables, which
the Community,
interests of
will, as far as possible, illustrate the correlation between
this Directive and the transposition measures, and to
make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose and scope

The purpose of

1.
this Directive is to contribute to the
proper functioning of the internal market and to achieve a
high level of consumer protection, by approximating the laws,
regulations and administrative provisions of the Member States
in respect of certain aspects of the marketing, sale and resale of
timeshares and long-term holiday products as well as exchange
contracts.

2.

This Directive applies to trader-to-consumer transactions.

This Directive is without prejudice to national legislation which:

(a) provides for general contract law remedies;

(b) relates

to the registration of

immovable or movable

property and conveyance of immovable property;

(c) relates

to conditions of establishment or authorisation

regimes or licensing requirements; and

(1) OJ L 177, 4.7.2008, p. 6.
(2) OJ L 12, 16.1.2001, p. 1.

(3) OJ C 321, 31.12.2003, p. 1.

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(d) relates to the determination of the legal nature of the rights
the contracts covered by this

which are the subject of
Directive.

Article 2

Definitions

For the purposes of

1.
nitions shall apply:

this Directive,

the following defi­

(a)

‘timeshare contract’ means a contract of a duration of more
than one year under which a consumer, for consideration,
acquires the right to use one or more overnight accommo­
dation for more than one period of occupation;

(b) ‘long-term holiday product contract’ means a contract of a
duration of more than one year under which a consumer,
for consideration, acquires primarily the right
to obtain
discounts or other benefits in respect of accommodation,
in isolation or together with travel or other services;

(i)

(j)

‘code of conduct’ means an agreement or set of rules not
imposed by law, regulation or administrative provision of a
Member State which defines the behaviour of traders who
undertake to be bound by the code in relation to one or
more particular commercial practices or business sectors;

‘code owner’ means any entity, including a trader or group
of traders, which is responsible for the formulation and
revision of a code of conduct and/or
for monitoring
compliance with the code by those who have undertaken
to be bound by it.

2.
In calculating the duration of a timeshare contract or a
long-term holiday product contract, as defined in points (a) and
(b) of paragraph 1 respectively, any provision in the contract
allowing for tacit renewal or prolongation shall be taken into
account.

Article 3

Advertising

(c)

‘resale contract’ means a contract under which a trader, for
consideration, assists a consumer to sell or buy a timeshare
or a long-term holiday product;

1. Member States shall ensure that any advertising specifies
the possibility of obtaining the information referred to in
Article 4(1) and indicates where it can be obtained.

(d)

for consideration,

‘exchange contract’ means a contract under which a
joins an exchange system
consumer,
which allows that consumer access to overnight accommo­
dation or other services in exchange for granting to other
persons temporary access to the benefits of
the rights
deriving from that consumer’s timeshare contract;

(e)

‘trader’ means a natural or legal person who is acting for
purposes relating to that person’s trade, business, craft or
profession and anyone acting in the name of or on behalf
of a trader;

(f)

‘consumer’ means a natural person who is acting for
purposes which are outside that person’s trade, business,
craft or profession;

(g)

acquires

services which are

‘ancillary contract’ means a contract under which the
consumer
related to a
timeshare contract or long-term holiday product contract
and which are provided by the trader or a third party on
the basis of an arrangement between that third party and
the trader;

(h) ‘durable medium’ means any instrument which enables the
consumer or the trader to store information addressed
personally to him in a way which is accessible for future
reference for a period of time adequate for the purposes of
the information and which allows the unchanged repro­
duction of the information stored;

2. Where a timeshare, long-term holiday product, resale or
exchange contract is to be offered to a consumer in person at a
promotion or sales event, the trader shall clearly indicate in the
invitation the commercial purpose and the nature of the event.

The information referred to in Article 4(1) shall be

3.
available to the consumer at any time during the event.

A timeshare or a long-term holiday product shall not be

4.
marketed or sold as an investment.

Article 4

Pre-contractual information

In good time before the consumer is bound by any
1.
contract or offer, the trader shall provide the consumer, in a
clear and comprehensible manner, with accurate and sufficient
information, as follows:

(a)

in the case of a timeshare contract: by means of
the
standard information form as set out in Annex I and infor­
mation as listed in Part 3 of that form;

(b) in the case of a long-term holiday product contract: by
means of
in
Annex II and information as listed in Part 3 of that form;

the standard information form as set out

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(c)

in the case of a resale contract: by means of the standard
information form as set out in Annex III and information as
listed in Part 3 of that form;

unusual and unforeseeable circumstances beyond the trader’s
control,
the consequences of which could not have been
avoided even if all due care had been exercised.

(d) in the case of an exchange contract: by means of

the
standard information form as set out in Annex IV and
information as listed in Part 3 of that form.

These changes shall be communicated to the consumer on
paper or on another durable medium easily accessible to him,
before the contract is concluded.

The information referred to in paragraph 1 shall be
2.
provided,
free of charge, by the trader on paper or on
another durable medium which is easily accessible to the
consumer.

3. Member States shall ensure that the information referred
to in paragraph 1 is drawn up in the language or one of the
the Member State in which the consumer is
languages of
resident or a national, at
the consumer,
the choice of
provided it is an official language of the Community.

Article 5

The timeshare,

long-term holiday product,

resale or

exchange contract

1. Member States shall ensure that the contract is in writing,
on paper or on another durable medium, and drawn up in the
language or one of the languages of the Member State in which
the consumer is resident or a national, at the choice of the
consumer, provided it is an official language of the Community.

The contract shall expressly mention any such changes.

In addition to the information referred to in Article 4(1),

3.
the contract shall include:

(a)

the identity, place of residence and signature of each of the
parties; and

(b) the date and place of the conclusion of the contract.

4.
Before the conclusion of the contract, the trader shall
explicitly draw the consumer’s attention to the existence of
the right of withdrawal, the length of the withdrawal period
referred to in Article 6, and the ban on advance payments
during the withdrawal period referred to in Article 9.

The corresponding contractual clauses shall be signed separately
by the consumer.

However, the Member State in which the consumer is resident
may require that in addition:

The contract shall include a separate standard withdrawal form,
as set out in Annex V, intended to facilitate the exercise of the
right of withdrawal in accordance with Article 6.

(a)

in every instance, the contract be provided to the consumer
in the language or one of the languages of that Member
State, provided it is an official language of the Community;

The consumer shall receive a copy or copies of

5.
contract at the time of its conclusion.

the

(b) in the case of a timeshare contract concerning one specific
immovable property, 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 property
the
is
Community.

situated, provided it

is an official

language of

Article 6

Right of withdrawal

this Directive, Member States

In addition to the remedies available to the consumer
1.
law in the event of breach of the provisions
under national
of
the
consumer is given a period of 14 calendar days to withdraw
from the timeshare,
resale or
exchange contract, without giving any reason.

long-term holiday product,

ensure

shall

that

The Member State on whose territory the trader carries out sale
in every instance, the contract be
activities may require that,
provided to the consumer in the language or one of
the
languages of
is an official
language of the Community.

that Member State, provided it

2.

The withdrawal period shall be calculated:

(a)

from the day of the conclusion of the contract or of any
binding preliminary contract; or

2.
The information referred to in Article 4(1) shall form an
integral part of the contract and shall not be altered unless the
parties expressly agree otherwise or the changes result from

(b) from the day when the consumer receives the contract or
any binding preliminary contract if it is later than the date
referred to in point (a).

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3.

The withdrawal period shall expire:

(a) after one year and 14 calendar days from the day referred to
in paragraph 2 of this Article, where a separate standard
withdrawal form as required by Article 5(4) has not been
filled in by the trader and provided to the consumer in
writing, on paper or on another durable medium;

(b) after three months and 14 calendar days from the day
referred to in paragraph 2 of this Article, where the infor­
mation referred to in Article 4(1), including the applicable
standard information form set out in Annexes I to IV, has
not been provided to the consumer in writing, on paper or
on another durable medium.

shall provide for appropriate
In addition, Member States
penalties in accordance with Article 15,
in particular in the
event that, on expiry of the withdrawal period, the trader has
failed to comply with the information requirements set out in
this Directive.

the withdrawal period shall start

4. Where a separate standard withdrawal form as required by
Article 5(4) has been filled in by the trader and provided to the
consumer in writing, on paper or on another durable medium,
within one year from the day referred to in paragraph 2 of this
Article,
from the day the
consumer receives that form. Similarly, where the information
including the applicable standard
referred to in Article 4(1),
to IV, has been
in Annexes
information form set out
provided to the consumer in writing, on paper or on another
durable medium, within three months from the day referred to
in paragraph 2 of this Article, the withdrawal period shall start
from the day the consumer receives such information.

I

5.
In the event that the exchange contract is offered to the
consumer together with and at the same time as the timeshare
contract, only a single withdrawal period in accordance with
paragraph 1 shall apply to both contracts. The withdrawal
period for both contracts shall be calculated according to the
provisions of paragraph 2 as they apply to the timeshare
contract.

Article 7

Modalities for exercising the right of withdrawal

Where the consumer intends to exercise the right of withdrawal
the consumer shall, before the expiry of the withdrawal period,
notify the trader on paper or on another durable medium of the
decision to withdraw. The consumer may use the standard with­
drawal form set out in Annex V and provided by the trader in
accordance with Article 5(4). The deadline is met if the notifi­
cation is sent before the withdrawal period has expired.

2. Where the consumer exercises the right of withdrawal, the
consumer shall neither bear any cost nor be liable for any value
corresponding to the service which may have been performed
before withdrawal.

Article 9

Advance payment

1. Member States shall ensure that in relation to timeshare,
long-term holiday product and exchange contracts any advance
payment, provision of guarantees, reservation of money on
accounts, explicit acknowledgement of debt or any other con­
sideration to the trader or to any third party by the consumer
before the end of the withdrawal period according to Article 6,
is prohibited.

2. Member States shall ensure that
in relation to resale
contracts any advance payment, provision of guarantees, reser­
vation of money on accounts, explicit acknowledgement of debt
or any other consideration to the trader or to any third party by
the consumer before the actual sale takes place or the resale
contract is otherwise terminated, is prohibited.

Article 10

Specific provisions relating to long-term holiday product
contracts

1.
For long-term holiday product contracts, payment shall be
made according to a staggered payment schedule. Any payment
the price specified in the contract otherwise than in
of
accordance with the staggered payment
schedule shall be
prohibited. The payments,
including any membership fee,
shall be divided into yearly instalments, each of which shall
be of equal value. The trader shall send a written request for
payment, on paper or on another durable medium, at least
fourteen calendar days in advance of each due date.

From the

second instalment payment onwards,

2.
the
consumer may terminate the contract without incurring any
penalty by giving notice
trader within fourteen
calendar days of receiving the request for payment of each
instalment. This right shall not affect rights to terminate the
contract under existing national legislation.

to the

Article 11

Termination of ancillary contracts

Article 8

Effects of exercising the right of withdrawal

1.
The exercise of the right of withdrawal by the consumer
terminates the obligation of the parties to perform the contract.

1. Member States shall ensure that, where the consumer
exercises the right to withdraw from the timeshare or long-
term holiday product contract, any exchange contract ancillary
to it or any other ancillary contract is automatically terminated,
at no cost to the consumer.

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2. Without prejudice to Article 15 of Directive 2008/48/EC
of the European Parliament and of the Council of 23 April
2008 on credit agreements for consumers (1), where the price
is fully or partly covered by a credit granted to the consumer by
the trader, or by a third party on the basis of an arrangement
between the third party and the trader, the credit agreement
shall be terminated, at no cost to the consumer, where the
consumer exercises the right to withdraw from the timeshare,
long-term holiday product, resale or exchange contract.

The Member States shall lay down detailed rules on the

3.
termination of such contracts.

Article 12

Imperative nature of

the Directive and application in

international cases

1. Member States shall ensure that, where the law applicable
to the contract is the law of a Member State, consumers may
not waive the rights conferred on them by this Directive.

2. Where the applicable law is that of a third country,
consumers shall not be deprived of the protection granted by
this Directive, as implemented in the Member State of
the
forum if:

— any of

the immovable properties concerned is situated

within the territory of a Member State, or,

— in the case of a contract not directly related to immovable
property,
the trader pursues commercial or professional
activities in a Member State or, by any means, directs
such activities to a Member State and the contract falls
within the scope of such activities.

Article 13

Judicial and administrative redress

1. Member States
consumers, adequate and effective means exist
compliance by traders with this Directive.

shall ensure that,

in the interests of
to ensure

The means referred to in paragraph 1 shall

include
2.
provisions whereby one or more of the following bodies, as
determined by national law, 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
implementing this Directive are applied:

(a) public bodies and authorities or their representatives;

(c) professional organisations with a legitimate interest

in

taking such action.

Article 14

Consumer information and out-of-court redress

1. Member States shall take appropriate measures to inform
consumers of the national
law transposing this Directive and
shall encourage, where appropriate, traders and code owners to
inform consumers of their codes of conduct.

The Commission shall encourage the drawing up at Community
level, particularly by professional bodies, organisations and asso­
ciations, of codes of conduct aimed at facilitating the implemen­
tation of this Directive, in conformity with Community law. It
shall also encourage traders and their branch organisations to
inform consumers of any such codes, including, where appro­
priate, by means of a specific marking.

2. Member States shall encourage the setting up or develop­
ment of adequate and effective out-of-court complaints and
redress procedures for the settlement of consumer disputes
under this Directive and shall, where appropriate, encourage
traders and their branch organisations to inform consumers
of the availability of such procedures.

Article 15

Penalties

1. Member States shall provide for appropriate penalties in
the event of a trader’s failure to comply with the national
provisions adopted pursuant to this Directive.

Those penalties

2.
dissuasive.

shall be effective, proportionate and

Article 16

Transposition

the laws,

1. Member States shall adopt and publish, by 23 February
2011,
regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions.

They shall apply those provisions from 23 February 2011.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

(b) consumer organisations with a

legitimate

interest

in

protecting consumers;

(1) OJ L 133, 22.5.2008, p. 66.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

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Article 17

Review

Article 19

Entry into force

The Commission shall review this Directive and report to the
European Parliament and the Council no later than 23 February
2014.

If necessary,
developments in the area.

it shall make further proposals to adapt

it

to

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 20

Addressees

The Commission may request information from the Member
States and the national regulatory authorities.

This Directive is addressed to the Member States.

Article 18

Repeal

Directive 94/47/EC shall be repealed.

Done at Strasbourg, 14 January 2009.

References to the repealed Directive shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex VI.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

A. VONDRA

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ANNEX I

STANDARD INFORMATION FORM FOR TIMESHARE CONTRACTS

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ANNEX II

STANDARD INFORMATION FORM FOR LONG-TERM HOLIDAY PRODUCT CONTRACTS

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ANNEX III

STANDARD INFORMATION FORM FOR RESALE CONTRACTS

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ANNEX IV

STANDARD INFORMATION FORM FOR EXCHANGE CONTRACTS

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ANNEX V

SEPARATE STANDARD WITHDRAWAL FORM TO FACILITATE THE RIGHT OF WITHDRAWAL

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ANNEX VI

CORRELATION TABLE BETWEEN PROVISIONS OF THIS DIRECTIVE AND DIRECTIVE 94/47/EC

Directive 94/47/EC

This Directive

Article 1, first paragraph

Article 1(1) and Article 1(2), first subparagraph

Article 1, second paragraph

—

Article 1, third paragraph

Article 1(2), second subparagraph

Article 2, first indent

—

—

—

Article 2, second indent

Article 2, third indent

Article 2, fourth indent

—

—

—

—

—

Article 3(1)

Article 3(2)

Article 3(3)

—

—

—

Article 2(1)(a)

Article 2(1)(b) (new)

Article 2(1)(c) (new)

Article 2(1)(d) (new)

—

Article 2(1)(e)

Article 2(1)(f)

Article 2(1)(g) (new)

Article 2(1)(h) (new)

Article 2(1)(i) (new)

Article 2(1)(j) (new)

Article 2(2) (new)

Article 4(1)

Article 5(2)

Article 3(1)

Article 3(2) (new)

Article 3(3) (new)

Article 3(4) (new)

Article 4, first indent

Article 5(1),
subparagraph

first subparagraph, and Article 5(2),

first

Article 4, second indent

Article 4(3) and Article 5(1)

—

—

—

Article 4(2) (new)

Article 5(4) (new)

Article 5(5) (new)

Article 5(1), introductory sentence

Article 6(1)

Article 5(1), first indent

Article 6(1) and Article 6(2)

Article 5(1), second indent

Article 6(3) and Article 6(4)

Article 5(1), third indent

—

Article 6(3)

Article 6(5) (new)

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Directive 94/47/EC

This Directive

Article 5(2)

—

Article 5(3)

Article 5(4)

Article 6

—

—

—

—

Article 7, first paragraph

Article 7, second paragraph

Article 8

Article 9

Article 10

Article 11

—

—

Article 12

—

—

—

Article 13

Annex

Annex, point (a)

Annex, point (b)

Annex, point (c)

Annex, point (d)(1)

Annex, point (d)(2)

Annex, point (d)(3)

Annex, point (d)(4)

Annex, point (d)(5)

Annex, point (e)

Article 7

Article 8(1) (new)

Article 8(2)

Article 8(2)

Article 9(1)

Article 9(2) (new)

Article 10(1) (new)

Article 10(2) (new)

Article 11(1) (new)

Article 11(2)

Article 11(3)

Article 12(1)

Article 12(2)

Articles 13 and 15

—

Article 14(1) (new)

Article 14(2) (new)

Article 16

Article 17 (new)

Article 18 (new)

Article 19 (new)

Article 20

Annex I

Article 5(3)(a), and Annex I, Part 1, first box

Annex I, Part 1, third box, and Annex I, Part 3, point 1,
first indent

Annex I, Part 1, second box, and Annex I, Part 3, point 2,
first indent

Annex I, Part 3, point 3, first indent

Annex I, Part 1, fourth box, and Annex I, Part 3, point 3,
second indent

Annex I, Part 3, point 3, third indent

Annex I, Part 3, point 3, first indent

Annex I, Part 3, point 3, fourth indent

Annex I, Part 1, sixth box, and Annex I, Part 3, point 2,
second indent

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Directive 94/47/EC

This Directive

Annex, point (f)

Annex, point (g)

Annex, point (h)

Annex, point (i)

Annex, point (j)

Annex, point (k)

Annex, point (l)

Annex I, Part 1, sixth box, and Annex I, Part 3, point 2,
third indent

Annex I, Part 3, point 6, first indent

Annex I, Part 1, fourth box

Annex I, Part 1, fifth and sixth boxes, and Annex I, Part 3,
point 4, first indent

Annex I, Part 2, third indent

Annex I, Part 2, seventh box, and Annex I, Part 3, point 6,
second indent

Annex I, Part 2, first and third indents, Annex I, Part 3,
point 5, first indent, and Annex V (new)

Annex, point (m)

Article 5(3)(b)

—

—

—

—

—

—

—

—

—

Annex I, Part 1, eighth box (new)

Annex I, Part 2, second indent (new)

Annex I, Part 2, fourth indent (new)

Annex I, Part 3, point 1, second indent (new)

Annex I, Part 3, point 4, second indent (new)

Annex I, Part 3, point 5, second indent (new)

Annex I, Part 3, point 6, third indent (new)

Annex I, Part 3, point 6, fourth indent (new)

Annexes II to V (new)