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

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ANNEX

Directives for the negotiation of a UNWTO-Convention on the protection of tourists and the rights and obligations of tourism service providers

to the

Council Decision

authorising the opening of negotiations on a UNWTO-Convention on the protection of tourists and the rights and obligations of tourism service providers

1. General principles

The Commission should conduct the negotiations on the UNWTO Convention on behalf of the Union, including all three annexes. The Commission has to ensure that the Convention1 sets out international minimum standards which are compatible with existing Union legislation, in particular Directives (EU) 2015/2302 and 2011/83. Those standards should be as close as possible to Union legislation and not go beyond it, while at the same time allowing the Union to maintain or introduce higher protection standards. Recommended practices, which are not legally binding, should be as close as possible to Union law and be compatible with its principles.

Regarding the question of how many details stemming from EU legislation, in particular Directives (EU) 2015/2302 and 2011/83, should be reflected in binding minimum standards and recommended practices, a balance will have to be sought between the objective of achieving an adequate minimum set of international standards and the objective of ensuring that a sufficient number of non-EU Member States will sign and ratify the Convention. The Commission will also ensure the compatibility of the standards and recommended practices with the Union's GATS commitments in tourism and related sectors.

The terminology should be as close as possible to the one used in Union law. However, in light of certain standard terminology used in an international context, in particular within the UNWTO, some flexibility may be required while making sure that the content of the relevant concepts is compatible with Union law.

2. Accession clause

The Convention should contain a clause permitting the signature, ratification or accession of regional economic integration organisations such as the European Union.

3. Annex I

Annex I should ensure a good level of assistance given to tourists affected by an emergency situation such as a natural disaster while being in a host country that has ratified Annex I and should establish procedures that are as effective as possible while being compatible with principles laid down in the law of the Union and its Member States. At the same time, account will have to be taken of the kind and level of assistance that many States affected by emergency situations are reasonably able to provide to tourists.

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4. Annex II

Following the adoption of Directive (EU) 2015/2302, the discussions in the UNWTO-Working Group have been based on that Directive. The Commission should ensure that Annex II is indeed compatible with Directive (EU) 2015/2302 and reflects its content as much as possible. At the same time, the Union may have to show some flexibility regarding the level of regulation that other interested parties are willing to accept, in particular in terms of legally binding standards, so as to ensure that a sufficiently high number of third countries will accept Annex II.

5. Annex III

Annex III should be fully compatible with Union law, in particular Directive (EU) 2011/83, and ensure a good level of protection of tourists in relation to accommodation services, taking into account the legitimate interests of the relevant travel businesses.

This document was downgraded / declassified

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