Awaiting Council 1st reading position / budgetary conciliation convocation
Next event: Committee referral announced in Parliament, 1st reading/single reading 2013/09/10 more...
- Vote in committee, 1st reading/single reading 2014/02/11
- Committee report tabled for plenary, 1st reading/single reading 2014/02/18
- Debate in Parliament 2014/03/11
- Results of vote in Parliament 2014/03/12
- Council Meeting 2014/05/19
Role | Committee | Rapporteur | Shadows |
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Lead | IMCO | MAYER Hans-Peter (PPE) | COFFERATI Sergio Gaetano (S&D), SALVINI Matteo (EFD), HELLVIG Eduard-Raul (ALDE), DE JONG Dennis (GUE/NGL), MCCLARKIN Emma (ECR) |
Opinion | JURI | ||
Opinion | TRAN | LIBERADZKI Bogusław (S&D) |
Legal Basis TFEU 114
Activites
- #3317
- 2014/05/19 Council Meeting
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2014/03/12
Results of vote in Parliament
- Results of vote in Parliament
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T7-0222/2014
summary
The European Parliament adopted by 654 votes to 19 with 9 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC. Parliament’s position in first reading following the ordinary legislative procedure amended the Commission proposal as follows: Level of harmonisation and scope: the purpose of the directive is the achievement of a high and as uniform as possible level of consumer protection in respect of contracts on package travel and linked travel arrangements concluded between travellers and traders. Unless otherwise provided for, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in the Directive. Parliament stated that the scope will not cover: · packages put together and made available by natural or legal persons which do not secure any financial gain, either directly or indirectly, from this activity; · packages and linked travel arrangements purchased on the basis of a framework contract for business travel between a business on whose behalf the traveller is travelling and a trader; · ancillary services provided as a subsidiary element of the package, to ensure that traders, in particular small local travel agencies, do not unwittingly become package tour organisers simply by booking transport to the point of departure, for example a rail journey to the airport of departure; · carriage of passengers by bus, rail, water or air which includes accommodation, if the main component is clearly transport and such carriage is not combined with another travel service. Pre-contractual information: the organiser will be required to communicate the following pre-contractual information to the traveller: · the travel destination(s), itinerary and periods of stay, with dates, and the number of nights included; · the approximate time of departure and return, where the exact time is not yet determined; · the official category of the accommodation assigned by the competent body in the place in which the accommodation is located; · the travel services provided to the traveller as a part of a group; · the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner; · information on the optional conclusion of an insurance policy to cover the costs of cancellation by the traveller or the cost of repatriation in the event of accident or illness; · information that the traveller or the organiser may terminate the contract at any time before the start of the package and upon the payment of an applicable reasonable standardised termination fee. Members deleted the requirement to communicate information on the language(s) in which the activities will be carried out. However, information about the trip’s suitability for persons with reduced mobility should be provided on request. Where a travel contract is concluded by electronic means, the organiser shall make the traveller aware in a clear and prominent manner, and directly before the traveller places his order, of the information provided for. As regards compliance with the information requirements, the burden of proof shall be on the trader. Moreover, before the start of the package, the traveller should also receive: i) necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival; ii) all relevant contact details in case the traveller perceives any lack of conformity, and details of how the traveller should proceed; (iii) the name, geographical address, telephone number and e-mail address of a contact point whose assistance a traveller in difficulty could request. Changes to the package, price reductions or price increases: · Before the start of the package, the organiser may not unilaterally change significant contract terms other than the price. A change in the terms of a contract shall in particular be considered to be significant if the time of departure and return provided diverges by more than three hours from the actual time of departure or return or, if it is not within the part of the day indicated in the pre-contractual information. · A price increase may be passed on only if it exceeds 3 % of the total cost of the package. Any price reduction which exceeds 3 % of the total cost must be passed on. In the event of a price reduction, the organiser may charge an administrative fee of up to EUR 10 per traveller. Price changes must always be justified in writing. As the legal consequence of a price increase of more than 8 % or of a permissible, significant change to the package travel contract, in addition to the right of withdrawal with no financial penalty the traveller should also be given the option of taking up an equivalent package. If a traveller fails to reply to the letter informing him or her of the changes to the package travel contract or the price increase of more than 8 %, the package will be deemed to have been accepted at the increased price. Termination: the Commission proposal states that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. In the absence of standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses proved to have been saved by the organiser, which cannot be recovered, from the travel service providers or through alternative deployment of those services. Fees due for the termination of the contract, including administrative fees, shall not be disproportionate or excessive. The organiser shall provide a justification for the calculation of the amount of the compensation or the standardised termination fees. The burden of proof that the compensation is appropriate shall be on the organiser. Once the travel contract has been concluded, the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances such as war or natural disaster. This does not apply if the traveller was already aware of the circumstances at the time of reservation. Services included in the price: if any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity, provided the lack of conformity is reported by the traveller or is clear to the organiser and remedying it would not be disproportionate, unless the lack of conformity is attributable to the traveller. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, with service quality at least equivalent to that specified under the contract. If it is impossible for the organiser to offer suitable alternative arrangements and the services agreed in the contract have not been provided, the traveller must be compensated within 14 days. No-fault liability: the organiser should bear some measure of liability if it is not possible to ensure the traveller’s timely return because of unavoidable and extraordinary circumstances. If the organiser arranges accommodation himself, he should bear the cost for up to five nights, with no ceiling applied. If the traveller is required to book accommodation, however, the organiser may limit the cost of accommodation to EUR 125 per night per traveller. Insolvency protection: travellers must be protected against the insolvency of the organiser, the retailer or an undertaking involved in providing the assisted travel arrangements. However, in the context of insolvency, the repatriation of travellers should not necessarily take place immediately. Instead, a continuation of the trip should be offered if possible. Formal requirements for contracts: Member States shall ensure that all contracts covered by this Directive are in plain and intelligible language and, insofar as they are in writing, legible. The language of the contract shall be the same as that of the pre-contractual information.
- 2014/03/11 Debate in Parliament
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2014/02/18
Committee report tabled for plenary, 1st reading/single reading
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A7-0124/2014
summary
The Committee on the Internal Market and Consumer Protection adopted the report by Hans-Peter MAYER (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC. The parliamentary committee recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure modify the Commission proposal as follows. Scope: it is noted that the scope will not cover: · packages put together and made available by natural or legal persons which do not secure any financial gain, either directly or indirectly, from this activity; · packages and linked travel arrangements purchased on the basis of a framework contract for business travel between a business on whose behalf the traveller is travelling and a trader; · ancillary services provided as a subsidiary element of the package, to ensure that traders, in particular small local travel agencies, do not unwittingly become package tour organisers simply by booking transport to the point of departure, for example a rail journey to the airport of departure; · carriage of passengers by bus, rail, water or air which includes accommodation, if the main component is clearly transport and such carriage is not combined with another travel service. Pre-contractual information: only the organiser should be required to communicate pre-contractual information to the traveller. This information should specify: · the travel destination(s), itinerary and periods of stay, with dates, and the number of nights included; · the official category of the accommodation assigned by the competent body in the place in which the accommodation is located; · the travel services provided to the traveller as a part of a group; · the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner; · information on the optional conclusion of an insurance policy to cover the costs of cancellation by the traveller or the cost of repatriation in the event of accident or illness; · information that the traveller or the organiser may terminate the contract at any time before the start of the package and upon the payment of an applicable reasonable standardised termination fee. Members deleted the requirement to communicate information on the language(s) in which the activities will be carried out. However, information about the trip’s suitability for persons with reduced mobility should be provided on request. Where a travel contract is concluded by electronic means, the organiser shall make the traveller aware in a clear and prominent manner, and directly before the traveller places his order, of the information provided for. As regards compliance with the information requirements, the burden of proof shall be on the trader. Moreover, before the start of the package, the traveller should also receive: i) all relevant contact details in case the traveller perceives any lack of conformity, and details of how the traveller should proceed; ii) the name, geographical address, telephone number and e-mail address of a contact point whose assistance a traveller in difficulty could request. Changes to the package, price reductions or price increases: · A price increase may be passed on only if it exceeds 3 % of the total cost of the package. Any price reduction which exceeds 3 % of the total cost must be passed on. In the event of a price reduction, the organiser may charge an administrative fee of up to EUR 10 per traveller. Price changes must always be justified in writing. · As the legal consequence of a price increase of more than 8 % or of a permissible, significant change to the package travel contract, in addition to the right of withdrawal with no financial penalty the traveller should also be given the option of taking up an equivalent package. If a traveller fails to reply to the letter informing him or her of the changes to the package travel contract or the price increase of more than 8 %, the package will be deemed to have been accepted at the increased price. The burden of proof in respect of the provision of this information should lie with the organiser. Withdrawal: travellers should be able at any time to withdraw from the contract against payment of appropriate compensation. The burden of proof regarding the appropriateness of the compensation should lie with the organiser, since only he can outline what costs he has incurred, or not incurred. · Should a package be significantly affected by unavoidable and extraordinary circumstances, such as warfare or a natural disaster, the traveller should be able to withdraw without being required to pay compensation. This rule must not apply, however, if the relevant circumstances prevailed prior to the booking of the package and the traveller was aware of them. · The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances such as an accident or a serious illness, or death in the family, provided that these incidents are appropriately documented. No-fault liability: the organiser should bear some measure of liability if it is not possible to ensure the traveller’s timely return because of unavoidable and extraordinary circumstances. If the organiser arranges accommodation himself, he should bear the cost for up to five nights, with no ceiling applied. If the traveller is required to book accommodation, however, the organiser may limit the cost of accommodation to EUR 125 per night per traveller. Insolvency protection: Members considered that travellers must be protected against the insolvency of the organiser, the retailer or an undertaking involved in providing the assisted travel arrangements. However, in the context of insolvency, the repatriation of travellers should not necessarily take place immediately. Instead, a continuation of the trip should be offered if possible.
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A7-0124/2014
summary
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2014/02/11
Vote in committee, 1st reading/single reading
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2013/09/10
Committee referral announced in Parliament, 1st reading/single reading
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2013/07/09
Legislative proposal published
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COM(2013)0512
summary
PURPOSE: to enhance the functioning of the Internal Market and achieve a high level of consumer protection through the approximation of Member States’ legislative, regulatory and administrative rules on packages and other combinations of travel services. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: tourism plays a central role in Europe’s economy today. With some 1.8 million businesses, mostly SMEs, employing 5.2% of the total workforce, the European tourism industry is an engine for growth in the EU. The total contribution of European travel & tourism, including related sectors, accounts for around 10% of EU GDP. The travel market has evolved since the adoption of Directive 90/314/EEC. The Internet has become an increasingly important medium to offer travel services. Travel services are not only combined in the form of traditional pre-arranged packages, but are often combined in a customised fashion. Many of these travel products are either in a legal grey zone or are clearly not covered by Directive 90/314/EEC. It is therefore necessary to adapt the legislative framework to market developments, remove ambiguities and close legislative gaps. The modernisation of Directive 90/314/EEC responds to requests from the co-legislators and a large part of the industry and consumer organisations. A revision of the Directive is explicitly mentioned in the European Citizens' Report, the European Consumer Agenda and in the Single Market Act II. IMPACT ASSESSMENT: the Impact Assessment (IA) analysed eight policy options plus certain sub-options, including maintaining the status quo, the drawing up of guidelines, the introduction of a package travel “label”, self-regulation by the industry, various options to modernise the Directive, as well as the adoption of a “Travel Directive”. The chosen option is that of a graduated approach involving the modernisation of the Directive and the coverage of both one trader and multi-trader packages, while applying a lighter regime to “multi-trader” assisted travel arrangements. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Directive seeks to clarify and modernise the scope of travellers' protection when purchasing combinations of travel services for the same trip or holiday by bringing within its scope different forms of on-line packages and assisted travel arrangements. The proposal will ensure that travellers are better informed about the services they are buying and grant them clearer remedies if something goes wrong. Package travel: the proposal: · lists specific pre-contractual information which organisers and, where applicable, retailers have to provide to travellers wishing to buy a package; · contains provisions on the content and the presentation of the contract or its confirmation, as well as on documents and information to be provided before the start of the package; · regulates the possibility and the consequence of price changes; · contains additional termination rights for travellers before the start of the package and grants travellers the right to terminate the contract without compensation in the event of unavoidable and extraordinary circumstances; · regulates the organiser's liability for the performance of the package and the obligation to provide assistance to the traveller; only the organiser is liable for the performance of the package; retailers involved in the booking of packages and assisted travel arrangements are liable for booking errors; · provides for the remedies available to the traveller in the event of the lack of performance and the improper performance of the services; · lays down the obligations to remedy the lack of conformity and to make suitable alternative arrangements for the continuation of the package where a significant proportion of the services cannot be provided as agreed in the contract. Where it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser's obligation to bear the cost for the continued stay is limited to EUR 100 per night and three nights per traveller; · provides that only package organisers and retailers who facilitate the purchase of 'assisted travel arrangements' are subject to theobligation to provide insolvency protection; · provides that travellers may address messages, complaints or claims also to the retailer. Assisted travel arrangement: these are defined as a combination of at least two different types of travel services for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers. Retailers offering assisted travel arrangements would have to explain to travellers in a clear and prominent manner that only the relevant service providers are liable for performance of the services and that travellers will not benefit from any of the Union rights granted to package travellers, except the right to a refund of pre-payments and, where relevant, to repatriation in case the retailer itself or any of the service providers becomes insolvent. BUDGETARY IMPLICATIONS: the only operational costs relate to the preparation of the report on the application of this Directive, covering the preparatory work of an external contractor, i.e. operational appropriation of EUR 0.2 million under the Rights and Citizenship programme, as well as administrative expenditure of around EUR 0.184 million during seven years after the adoption of the Directive.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane
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COM(2013)0512
summary
Documents
- Legislative proposal published: COM(2013)0512
- Committee report tabled for plenary, 1st reading/single reading: A7-0124/2014
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0222/2014
- Debate in Council: 3317
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activities/1/committees/2/rapporteur |
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committees/2/date |
2013-09-16T00:00:00
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committees/2/rapporteur |
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activities/0/docs/1/type |
Old
Document attached to the procedureNew
Legislative proposal |
activities/0/docs/1/type |
Old
Legislative proposalNew
Document attached to the procedure |
activities/1 |
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procedure/Mandatory consultation of other institutions |
Economic and Social Committee
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procedure/dossier_of_the_committee |
IMCO/7/13317
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procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
activities/0/docs/1/text |
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activities/0/docs/1/type |
Old
Document attached to the procedureNew
Legislative proposal |
activities/0/docs/1 |
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activities/0/docs/0/celexid |
CELEX:52013PC0512:EN
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activities/0/docs/0/celexid |
CELEX:52013PC0512:EN
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activities/0/docs/0/text |
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activities/0/commission/0 |
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other/0 |
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activities/0/docs/0/celexid |
CELEX:52013PC0512:EN
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activities/0/docs/0/url |
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=512New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0512/COM_COM(2013)0512_EN.pdf |
activities |
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committees |
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links |
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other |
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procedure |
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