Overwegingen bij COM(2017)60 - UNWTO Convention on the protection of tourists and the rights and obligations of tourism service providers

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The European Union has adopted detailed legislation in the field of package travel and linked travel arrangements. On 25 November 2015 the European Parliament and the Council adopted Directive (EU) 2015/23027 on package travel and linked travel arrangements, replacing Council Directive 90/314/EEC8 of 13 June 1990 on package travel, package holidays and package tours. Directive (EU) 2015/2302 fully harmonises the national rules on package travel and linked travel arrangements.

Directive 2011/83/EU9 on consumer rights includes provisions on pre-contractual information requirements in relation to distance, off-premises and other contracts concluded between traders and consumers, including contracts on accommodation services. The rules on distance and off-premises contracts are fully harmonised and also contain provisions on the content of such contracts.

Through the Union Civil Protection Mechanism established by Decision No 1313/2013/EU10 the Union shall support, complement and facilitate coordination of Member States' action in the filed of disaster prevention, preparedness and response and promote consistency in international civil protection work. The Mechanism may also be used to provide civil protection support to consular assistance to the citizens of the Union in disasters in third countries, if requested by the consular authorities of the Member States concerned.

Through a Working Group the Word Tourism Organization (UNWTO) is preparing an international convention on the protection of tourists and the rights and obligations of tourism

Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC, OJ L 326 of 11.12.2015, p. 1

8            Council Directive of 13 June 1990 on package travel, package holidays and package tours, OJ L 158 of

23.6.1990, p. 59

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, OJ L 304, 22.11.2011, p. 64

Decision No 1313/2013/EU of the European Parliament and of the Qm§$ó&&3n\Ü&8êHt1gty&$Wè<M8S\teci Union Civil Protection Mechanisms, OJ L 347, 20.12.2013, p. 924

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service providers. Following the adoption of Directive (EU) 2015/2302, discussions within the Working Group have started again and the Convention may be submitted to the General Assembly of the UNWTO in September 2017.

When signing or acceding to the Convention, each party has to accept at least one of the three annexes to the Convention. Annex I concerns assistance obligations of host States to tourists from other States in emergency situations, Annex II covers package travel issues similar to those covered by Directive (EU) 2015/2302 and Annex III relates to accommodation services offered to tourists, including information requirements as regulated in Directive 2011/83/EU. The annexes will contain standards, which are mandatory minimum requirements, and recommended practices, which are not legally binding.

Through participating in the negotiations the Union can, in the interest of Union citizens and travel businesses established in the Union, influence the development of international minimum standards and recommended practices regarding package travel issues and accommodation services which are inspired by Union legislation, and can contribute to the establishment of international minimium standards and recommendations on assistance to tourists in emergency situations. At the same time the Union can avoid that international standards are created that are incompatible with Union legislation, in particular Directives (EU) 2015/2302 and 2011/83, and other policies of the Union.

Given its competence and its interests in the fields covered by the Convention, the European Union should participate in the negotiations on the UNWTO-Convention, including its three annexes.