Package travel and assisted travel arrangements, amending Regulation

181 Pages·2015·2.71 MB·English

Version 21/05/2015
Package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council
Directive 90/314/EEC (COM(2013)0512; 2013/0246(COD))
Cell in green: The text can be deemed agreed (subject to an agreement on the entire text)
Cell in yellow: The issue needs further discussion at technical level
Cell in red: The issue needs further discussion in depth at the trialogue meetings
Note: Differences between EP's position and the Commission's proposal are highlighted in Bold/italics; modifications by lawyer-linguists are in underlining.
Bold underline in the Council column indicates where the Council has amended Commission's text. Deletions are marked with a strikethrough. Compromise
wording is in Bold.
DOCUMENT FOR INTERNAL PURPOSES ONLY

COMPROMISE PROPOSALS AND
COMMISSION PROPOSAL 1 EP AMENDMENTS 2 COUNCIL AMENDMENTS 3
COMMENTS
1 DIRECTIVE OF THE EUROPEAN DIRECTIVE 2014/.../EU OF THE DIRECTIVE OF THE EUROPEAN DIRECTIVE 2015/.../EU OF THE
PARLIAMENT AND OF THE EUROPEAN PARLIAMENT AND OF PARLIAMENT AND OF THE EUROPEAN PARLIAMENT AND
COUNCIL THE COUNCIL COUNCIL OF THE COUNCIL
GREEN 06/05 - tbc
on package travel and assisted travel on package travel, package holidays, on package travel and assisted travel
arrangements, amending Regulation package tours and assisted linked arrangements, amending Regulation on package travel and linked assisted
(EC) No 2006/2004, Directive travel arrangements, amending (EC) No 2006/2004, Directive travel arrangements, amending

1 COM(2013)512.
2
P7_TA-PROV(2014)0222 – 12.03.2014
3 16054/14, 28.11.2014.
1
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Package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council
Directive 90/314/EEC (COM(2013)0512; 2013/0246(COD))
COMPROMISE PROPOSALS AND
COMMISSION PROPOSAL 1 EP AMENDMENTS 2 COUNCIL AMENDMENTS 3
COMMENTS
2011/83/EU and repealing Council Regulation (EC) No 2006/2004 and 2011/83/EU and repealing Council Regulation (EC) No 2006/2004 and
Directive 90/314/EEC Directive 2011/83/EU of the European Directive 90/314/EEC Directive 2011/83/EU and repealing
Parliament and of the Council and
Council Directive 90/314/EEC
repealing Council Directive
90/314/EEC [Am. 1]
2 THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE AND THE COUNCIL OF THE AND THE COUNCIL OF THE AND THE COUNCIL OF THE
EUROPEAN UNION, EUROPEAN UNION, EUROPEAN UNION, EUROPEAN UNION,
3 Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the
Functioning of the European Union, Functioning of the European Union, Functioning of the European Union, and Functioning of the European Union
and in particular Article 114 thereof, and in particular Article 114 thereof, in particular Article 114 thereof, (TFEU), and in particular Article 114
thereof,
4 Having regard to the proposal from the Having regard to the proposal from the Having regard to the proposal from the Having regard to the proposal from the
European Commission, European Commission, European Commission, European Commission,
5 After transmission of the draft After transmission of the draft After transmission of the draft legislative After transmission of the draft
legislative act to the national legislative act to the national act to the national Parliaments, legislative act to the national
Parliaments, Parliaments, parliaments,
2
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Directive 90/314/EEC (COM(2013)0512; 2013/0246(COD))
COMPROMISE PROPOSALS AND
COMMISSION PROPOSAL 1 EP AMENDMENTS 2 COUNCIL AMENDMENTS 3
COMMENTS
6 Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the
European Economic and Social European Economic and Social European Economic and Social European Economic and Social
Committee1, Committee2, Committee, Committee3,
7 Having regard to the opinion of the After consulting the Committee of the Having regard to the opinion of the After consulting the Committee of the
Committee of the Regions4, Regions, Committee of the Regions, Regions,
8 Acting in accordance with the ordinary Acting in accordance with the ordinary Acting in accordance with the ordinary Acting in accordance with the ordinary
legislative procedure, legislative procedure5, legislative procedure, legislative procedure6,
9 Whereas: Whereas: Whereas: Whereas:
10 (1) Council Directive 90/314/EEC of (1) Council Directive 90/314/EEC8 lays (1) Council Directive 90/314/EEC of 13 (1) Council Directive 90/314/EEC9
13 June 1990 on package travel, down a number of important consumer June 1990 on package travel, package lays down a number of important
package holidays and package tours7 rights in relation to package travel, in holidays and package tours lays down a consumer rights in relation to package

1 OJ C 170, 5.6.2014, p. 73.
2 Not yet published in the Official Journal.
3 OJ C , , p. .
4 OJ C , , p. .
5 Position of the European Parliament of 12 March 2014.
6 Position of the European Parliament of 12 March 2014 (not yet published in the Official Journal) and position of the Council at first reading of … [(OJ …)]
[(not yet published in the Official Journal)]. Position of the European Parliament of [(OJ …)] [(not yet published in the Official Journal)] [and decision of the
Council of ...].
7 OJ L 158, 23.06.1990, p. 59.
8 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).
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lays down a number of important particular with regard to information number of important consumer rights in travel, in particular with regard to
consumer rights in relation to package requirements, the liability of traders in relation to package travel, in particular information requirements, the liability
travel, in particular with regard to relation to the performance of a with regard to information requirements, of traders in relation to the
information requirements, the liability package and protection against the the liability of traders in relation to the performance of a package and
of traders in relation to the insolvency of an organiser or a retailer. performance of a package and protection protection against the insolvency of an
performance of a package and However, it is necessary to adapt the against the insolvency of an organiser or organiser or a retailer. However, it is
protection against the insolvency of an legislative framework to market a retailer. However, it is necessary to necessary to adapt the legislative
organiser or a retailer. However, it is developments, in order to make it more adapt the legislative framework to framework to market developments, in
necessary to adapt the legislative suitable for the internal market, remove market developments, in order to make it order to make it more suitable for the
framework to market developments, in ambiguities and close legislative gaps. more suitable for the internal market, internal market, remove ambiguities
order to make it more suitable for the remove ambiguities and close legislative and close legislative gaps.
internal market, remove ambiguities gaps.
and close legislative gaps.
11 (2) Tourism plays an important role in (2) Tourism plays an important role in (2) Tourism plays an important role in GREEN
the economies of the Union and the economies of the Union and the economies of the Union and
packages represent a significant package travel, package holidays and packages represent a significant (2) Tourism plays an important role in
proportion of that market. The travel package tours ('packages') represent a proportion of that market. The travel the economies of the Union and
market has undergone considerable significant proportion of that market. market has undergone considerable package travel, package holidays and
changes since the adoption of The travel market has undergone changes since the adoption of Directive package tours ('packages') represent a
Directive 90/314/EEC. In addition to considerable changes since the 90/314/EEC. In addition to traditional significant proportion of the travel
traditional distribution chains, the adoption of Directive 90/314/EEC. In distribution chains, the Internet has market. That market market has
Internet has become an increasingly addition to traditional distribution become an increasingly important undergone considerable changes since
important medium to offer travel chains, the Internet has become an medium to offer travel services. Travel the adoption of Directive 90/314/EEC.
services. Travel services are not only increasingly important medium to offer services are not only combined in the In addition to traditional distribution
chains, the Internet has become an

9 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p. 59).
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combined in the form of traditional travel services. Travel services are not form of traditional pre-arranged increasingly important medium to
pre-arranged packages, but are often only combined in the form of packages, but are often combined in a offer travel services. Travel services
combined in a customised fashion. traditional pre-arranged packages, but customised fashion. Many of these travel are not only combined in the form of
Many of these travel products are are often combined in a customised products are either in a legal grey zone or traditional pre-arranged packages, but
either in a legal grey zone or are fashion. Many of these travel products are clearly not covered by Directive are often combined in a customised
clearly not covered by Directive are either in a legal grey zone or are 90/314/EEC. This Directive aims to fashion. Many of those combinations
90/314/EEC. This Directive aims to clearly not covered by Directive adapt the scope of protection to those of travel services are either in a legal
adapt the scope of protection to those 90/314/EEC. This Directive aims to developments, enhance transparency and grey zone or are clearly not covered by
developments, enhance transparency adapt the scope of protection to those increase legal certainty for travellers and Directive 90/314/EEC. This Directive
and increase legal certainty for developments, enhance transparency traders. aims to adapt the scope of protection
travellers and traders. and increase legal certainty for to those developments, enhance
travellers and traders. [Am. 2] transparency and increase legal
certainty for travellers and traders.
[Am. 2]
12 (3) Article 169 of the Treaty on the (3) Article 169 of the Treaty on the (3) Article 169 of the Treaty on the (3) Article 169 of the Treaty on the
Functioning of the European Union Functioning of the European Union Functioning of the European Union (the Functioning of the European Union
(the Treaty) provides that the Union is (TFEU) provides that the Union is to Treaty) provides that the Union is to (TFEU) provides that the Union is to
to contribute to the attainment of a contribute to the attainment of a high contribute to the attainment of a high contribute to the attainment of a high
high level of consumer protection level of consumer protection through level of consumer protection through level of consumer protection through
through measures adopted pursuant to measures adopted pursuant to Article measures adopted pursuant to Article measures adopted pursuant to Article
Article 114 of the Treaty. 114 TFEU. 114 of the Treaty. 114 TFEU.
13 (4) Directive 90/314/EEC gives broad (4) Directive 90/314/EEC gives broad (4) Directive 90/314/EEC gives broad (4) Directive 90/314/EEC gives broad
discretion to the Member States as discretion to the Member States as discretion to the Member States as discretion to the Member States as
regards transposition; therefore, regards transposition and, therefore, regards transposition; therefore, regards transposition and, therefore,
significant divergences between the significant divergences between the significant divergences between the laws significant divergences between the
5
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Directive 90/314/EEC (COM(2013)0512; 2013/0246(COD))
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laws of the Member States remain. laws of the Member States remain. of the Member States remain. Legal laws of the Member States remain.
Legal fragmentation leads to higher Legal fragmentation leads to higher fragmentation leads to higher costs for Legal fragmentation leads to higher
costs for businesses and obstacles for costs for businesses and obstacles for businesses and obstacles for those costs for businesses and obstacles for
those wishing to operate cross-border, those wishing to operate cross-border, wishing to operate cross-border, thus those wishing to operate cross-border,
thus limiting consumers' choice. thus limiting consumers' choice. limiting consumers' choice. thus limiting consumers' choice.
14 (5) In accordance with Article 26(2) of (5) In accordance with Article 26(2) (5) In accordance with Article 26(2) of GREEN
the Treaty, the internal market is to TFEU, the internal market is to the Treaty, the internal market is to
comprise an area without internal comprise an area without internal comprise an area without internal (5) In accordance with Article 26(2)
frontiers in which the free movement frontiers in which the free movement of frontiers in which the free movement of and 49 TFEU, the internal market is to
of goods and services and the freedom goods and services and the freedom of goods and services and the freedom of comprise an area without internal
of establishment are ensured. The establishment are ensured. The establishment are ensured. The frontiers in which the free movement
harmonisation of certain aspects of harmonisation of certain aspects of the harmonisation of certain aspects of of goods and services and the freedom
package contracts and assisted travel rights and obligations arising from package contracts and assisted travel of establishment are ensured. The
arrangements is necessary for the package contracts and assisted linked arrangements is necessary for the harmonisation of certain aspects of the
creation of a real consumer internal travel arrangements is necessary for the creation of a real consumer internal rights and obligations arising from
market in this area, striking the right creation of a real consumer internal market in this area, striking the right package travel contracts and assisted
balance between a high level of market in this that area, striking the balance between a high level of linked travel arrangements is
consumer protection and the right balance between a high level of consumer protection and the necessary for the creation of a real
competitiveness of businesses. consumer protection and the competitiveness of businesses. consumer internal market in this that
competitiveness of businesses. [Am. 3] area, striking the right balance
between a high level of consumer
protection and the competitiveness of
businesses.
15 (6) The cross-border potential of the (6) The cross-border potential of the (6) The cross-border potential of the (6) The cross-border potential of the
package travel market in the Union is package travel market in the Union is package travel market in the Union is package travel market in the Union is
6
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currently not fully exploited. currently not fully exploited. currently not fully exploited. Disparities currently not fully exploited.
Disparities in the rules protecting Disparities in the rules protecting in the rules protecting travellers in Disparities in the rules protecting
travellers in different Member States travellers in different Member States different Member States are a travellers in different Member States
are a disincentive for travellers in one are a disincentive for travellers in one disincentive for travellers in one Member are a disincentive for travellers in one
Member State from buying packages Member State from buying packages State from buying packages and assisted Member State from buying packages
and assisted travel arrangements in and assisted linked travel arrangements travel arrangements in another Member and assisted linked travel
another Member State and, likewise, a in another Member State and, likewise, State and, likewise, a disincentive for arrangements in another Member State
disincentive for organisers and a disincentive for organisers and organisers and retailers in one Member and, likewise, a disincentive for
retailers in one Member State from retailers in one Member State from State from selling such services in organisers and retailers in one Member
selling such services in another selling such services in another another Member State. In order to enable State from selling such services in
Member State. In order to enable Member State. In order to enable consumers and businesses to benefit another Member State. In order to
consumers and businesses to benefit consumers and businesses to benefit fully from the internal market, while enable consumers and businesses to
fully from the internal market, while fully from the internal market, while ensuring a high level of consumer benefit fully from the internal market,
ensuring a high level of consumer ensuring a high level of consumer protection across the Union, it is while ensuring a high level of
protection across the Union, it is protection across the Union, it is necessary to further approximate the consumer protection across the Union,
necessary to further approximate the necessary to further approximate the laws of the Member States relating to it is necessary to further approximate
laws of the Member States relating to laws of the Member States relating to packages and assisted travel the laws of the Member States relating
packages and assisted travel packages and assisted linked travel arrangements. to packages and assisted linked travel
arrangements. arrangements. arrangements.
GREEN 22/04
16 (7) The majority of travellers buying (7) The majority of travellers buying (7) The majority of travellers buying
packages are consumers in the sense packages are consumers in the sense of packages are consumers in the sense of (7) The majority of travellers buying
of Union consumer law. At the same Union consumer law. At the same time, Union consumer law. At the same time, packages are consumers in the sense
time, it is not always easy to it is not always easy to distinguish it is not always easy to distinguish of Union consumer law. At the same
distinguish between consumers and between consumers and representatives between consumers and representatives time, it is not always easy to
representatives of small businesses or of small businesses or professionals of small businesses or professionals who distinguish between consumers and
professionals who book trips related to who book trips related to their business book trips related to their business or representatives of small businesses or
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their business or profession through or profession through the same booking profession through the same booking professionals who book trips related to
the same booking channels as channels as consumers. Such travellers channels as consumers. Such travellers their business or profession through
consumers. Such travellers often often require a similar level of often require a similar level of the same booking channels as
require a similar level of protection. In protection. In contrast, larger protection. In contrast, larger companies consumers. Such travellers often
contrast, larger companies or companies or organisations often make or organisations often make travel require a similar level of protection. In
organisations often make travel travel arrangements for their arrangements for their employees on the contrast, larger there are companies
arrangements for their employees on employees, members and basis of a framework contract, often or organizations that make travel
the basis of a framework contract with representatives on the basis of a concluded for a specified period with arrangements for their employees on
companies which specialise in the framework contract with companies companies which specialise in the the basis of a framework contract
arrangement of business travel. The which specialise in the arrangement of arrangement of business travel. The latter general agreement, often concluded
latter type of travel arrangements do business travel. The latter type of travel type of travel arrangements do not for numerous travel arrangements
not require the level of protection arrangements do not require the level of require the level of protection designed or a specified period for instance
designed for consumers. Therefore, protection designed for consumers. for consumers. Therefore, this Directive with a travel agency with companies
this Directive should apply to business Therefore, this Directive should apply should apply to business travellers only which specialise in the arrangement of
travellers only insofar as they do not to business travellers only insofar as insofar as where they do not make travel business travel. The latter type of
make travel arrangements on the basis they do not make travel arrangements arrangements on the basis of a travel arrangements do not require the
of a framework contract. To avoid on the basis of a framework contract. framework contract. To avoid confusion level of protection designed for
confusion with the definition of the To avoid confusion with the definition with the definition of the term 'consumer' consumers. Therefore, this Directive
term 'consumer' in other consumer of the term 'consumer' used in other in other consumer protection directives, should apply to business travellers,
protection directives, persons Union consumer protection directives persons protected under this Directive including members of liberal
protected under this Directive should legislation, persons protected under this should be referred to as 'travellers'. professions, self-employed or other
be referred to as 'travellers'. Directive should be referred to as natural persons, where they do not
'travellers'. [Am. 4] make travel arrangements on the
basis of a general agreement. To
avoid confusion with the definition of
the term 'consumer' in other Union
consumer protection legislation,
persons protected under this Directive
8
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should be referred to as 'travellers'.
17 (8) Since travel services may be (8) Since travel services may be (8) Since travel services may be (8) Since travel services may be
combined in many different ways, it is combined in many different ways, it is combined in many different ways, it is combined in many different ways, it is
appropriate to consider as packages all appropriate to consider as packages all appropriate to consider as packages all appropriate to consider as packages all
combinations of travel services that combinations of travel services that combinations of travel services that combinations of travel services that
display features which travellers display features which travellers display features which travellers display features which travellers
typically associate with packages, typically associate with packages, in typically associate with packages, typically associate with packages, in
notably that separate travel services particular that separate travel services notably that separate travel services are particular where separate travel
are bundled together into a single are bundled together into a single travel bundled together into a single travel services are bundled together into a
travel product for which the organiser product for which the organiser product for which the organiser assumes single travel product for which the
assumes responsibility for proper assumes responsibility for proper responsibility for proper performance. In organiser assumes responsibility for
performance. In accordance with the performance. In accordance with the accordance with the case law of the proper performance. In accordance
case law of the Court of Justice of the case law of the Court of Justice of the Court of Justice of the European Union, with the case law of the Court of
European Union10, it should make no European Union11, it should make no it should make no difference whether Justice of the European Union12, it
difference whether travel services are difference whether travel services are travel services are combined before any should make no difference whether
combined before any contact with the combined before any contact with the contact with the traveller or at the travel services are combined before
traveller or at the request of or traveller or at the request of or request of or according to the selection any contact with the traveller or at the
according to the selection made by the according to the selection made by the made by the traveller. The same request of or according to the selection
traveller. The same principles should traveller. The same principles should principles should apply irrespective of made by the traveller. The same
apply irrespective of whether the apply irrespective of whether the whether the booking is made through a principles should apply irrespective of
booking is made through a high street booking is made through a high street whether the booking is made through a

10 See Judgment in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves Garrido and Club Med Viagens Ld, ECR 2002, I-04051.
11 See Judgment of the Court of Justice of the European Union of 30 April 2012 in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves
Garrido and Club Med Viagens Ld, ([2002] ECR, I-04051).
12 See Judgment of the Court of Justice of the European Union of 30 April 2012 in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves
Garrido and Club Med Viagens Ld, ([2002] ECR, I-04051).
9
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travel agent or online. travel agent or online. high street travel agent or online. high street travel agent or online.
18 (9) For the sake of transparency, (9) For the sake of transparency, (9) For the sake of transparency, GREEN 04/05
packages should be distinguished from packages should be distinguished from packages should be distinguished from
assisted travel arrangements, where assisted linked travel arrangements, assisted travel arrangements, where (9) For the sake of transparency,
online or high street agents assist where online or high street agents assist online or high street agents assist packages should be distinguished from
travellers in combining travel services travellers in combining travel services travellers in combining procuring travel assisted linked travel arrangements,
leading the traveller to conclude leading the traveller to conclude services leading the traveller to conclude where online or high street agents
contracts with different providers of contracts with different travel service contracts with different providers of assist travellers in combining
travel services, including through providers, including through linked travel services, including through linked procuring travel services leading the
linked booking processes, which do booking processes in a targeted booking processes, which do not contain traveller to conclude contracts with
not contain those features and in manner, which do not contain those those features and in relation to which it different travel service providers,
relation to which it would not be features and in relation to which it would not be appropriate to apply all including through linked booking
appropriate to apply all obligations would not be appropriate to apply all obligations applying to packages. processes, which do not contain the
applying to packages. obligations applying to packages. features of a package and in relation to
[Am. 5] which it would not be appropriate to
apply all obligations applying to
packages.
19 (10) In light of market developments, (10) In light of market developments, it (10) In light of market developments, it GREEN 04/05
it is appropriate to further define is appropriate to further define is appropriate to further define packages
packages on the basis of alternative packages on the basis of alternative on the basis of alternative objective (10) In light of market developments,
objective criteria which predominantly objective criteria which predominantly criteria which predominantly relate to the it is appropriate to further define
relate to the way in which the travel relate to the way in which the travel way in which the travel services are packages on the basis of alternative
services are presented or purchased services are presented or purchased and presented or purchased and where objective criteria which predominantly
and where travellers may reasonably where travellers may reasonably expect travellers may reasonably expect to be relate to the way in which the travel
services are presented or purchased
10