Activities of Matteo SALVINI related to 2013/0246(COD)
Shadow reports (1)
REPORT 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 PDF (767 KB) DOC (881 KB)
Amendments (27)
Amendment 132 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights, the latter prevailing where applicable. Where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20 . Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the organiser's obligation to bear the cost of the travellers' continued stay at the place of destination should be aligned with the Commission's proposal21 aimed to amend Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001/539/EC: Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38). 19 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) (OJ L 51, 23.2.2013, p. 1). 20 2012/22/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1). 21 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air - COM/2013/130 final. 22 OJ L 46, 17.2.2004, p.1.
Amendment 145 #
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to packages offered for sale or sold by traders to travellers, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1).
Amendment 154 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) packages and assisted travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller's employer and a trader specialising in the arrangement of business travel;
Amendment 182 #
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
Amendment 190 #
Proposal for a directive
Article 3 – point 5
Article 3 – point 5
Amendment 203 #
Proposal for a directive
Article 3 – point 9 – introductory part
Article 3 – point 9 – introductory part
(9) ‘retailer’ means a trader other than the organiser who: sells or offers for sale packages;
Amendment 204 #
Proposal for a directive
Article 3 – point 9 – point a
Article 3 – point 9 – point a
Amendment 205 #
Proposal for a directive
Article 3 – point 9 – point b
Article 3 – point 9 – point b
Amendment 208 #
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘u'Unavoidable and extraordinary circumstances’' means a situationunusual and unforeseeable circumstances beyond the control of the trparty by whom it is pleaderd, the consequences of which could not have been avoided even if all reasonable measudue cares had been takenexercised;
Amendment 211 #
Proposal for a directive
Article 3 – point 12
Article 3 – point 12
(12) ‘lack of conformity’ means lack of and improper performance of the travel services included in a package. 'Improper performance' means failure to perform or not performing the travel services in accordance with the contract'
Amendment 266 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shallould be jointly and severally ble liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer including the cancellation costs of third parties. Those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser.
Amendment 346 #
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and the retailer are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because: - the failures which occur in the performance of the contract are attributable to the traveller, - such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, - such failures are due unavoidable and extraordinary circumstances as defined by Article 3 (11).
Amendment 355 #
Proposal for a directive
Article 12 – paragraph 3 – point a – introductory part
Article 12 – paragraph 3 – point a – introductory part
(a) the organiser proves that the lack of conformity is:lack of conformity results from the circumstance laid out by Article 11 (8)
Amendment 357 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point i
Article 12 – paragraph 3 – point a – point i
Amendment 358 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point ii
Article 12 – paragraph 3 – point a – point ii
Amendment 360 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point iii
Article 12 – paragraph 3 – point a – point iii
Amendment 385 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 391 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The insolvency protection referred to in paragraph 1 shall take into account the actual financial risk of the relevant trader's activities. It shall benefit travellers regardless of their place of residence, the place of departure or where the package or assisted travel arrangement is sold.
Amendment 395 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 399 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The Commission should draw up a consistent formula for bonding across the Member States in order to ensure uniformity and to avoid security shopping across the Union. Stakeholders should be consulted as regards how such a formula is calculated.
Amendment 400 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 403 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 407 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them.
Amendment 410 #
Proposal for a directive
Article 17
Article 17
Amendment 425 #
Proposal for a directive
Article 19
Article 19
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.