The Commission accepted the Council's position at
first reading which reflects the political agreement reached
between the European Parliament and the Council in informal
trilogies on 5 May 2015, subsequently endorsed by the
Competitiveness Council on 28 May 2015.
The Commission supports this agreement since it is in
keeping with the objectives of the Commission proposal. The main
elements of the agreement are as follows:
- the agreement maintains the differentiated approach
regarding packages and linked travel arrangements (called 'assisted travel arrangement' in the
Commission proposal): it preserves the substance of the definition
of packages and the associated protection level, while making
certain adjustments regarding the definition of linked travel
arrangements and the insolvency protection granted to travellers
purchasing such arrangements. At the same time, it further
strengthens the transparency for travellers by adding compulsory
information forms;
- the new directive will be based on full harmonisation,
with a few limited exceptions where,
because of different legal traditions or approaches, Member States
will be allowed to maintain different solutions: this concerns in
particular the possibility to make retailers liable for the
performance of a package in addition to organisers or to provide
for a right of withdrawal for off-premises contracts, but not for
online or other distance contracts;
- enhancing consumer protection: certain clarifications of the rules on contractual
liability and remedies for lack of conformity in the performance of
the contract will increase consumer protection, whereas the
detailed criteria for insolvency protection regimes should ensure
that the actual protection granted under the rules of the Member
States will become more comparable, thereby strengthening the basis
for mutual recognition;
- obligation for the Commission to present a report on
online-bookings made at different points of sale already three
years after its entry into force: the
Commission considered that this will be challenging to fulfil due
to the short period the directive will have been applicable at that
point but acknowledged that this solution was necessary for Council
and Parliament to come to an agreement.