Latest development in EU legislation – national implemention issues. 21st IFTTA Conference Sao Paulo, Brasil, 2-6 October , 200 9 Dr Gyenizse Dorottya Hungary Ministry of Local Government Tourism Department. Topics.
21st IFTTA Conference
Dr Gyenizse Dorottya
Ministry of Local Government
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market is in force since 27th December 2006 after 3 years preparatory process. Implementation period: till 31th December, 2009.
The Directive falls under the framework of the 'Lisbon Strategy' and proposes four main objectives for creating an internal services market:
The services covered by the Directive: business services such as management consultancy, certification and testing; facilities management, including office maintenance; advertising; recruitment services; the services of commercial agents, legal or fiscal advice; real estate services such as estate agencies; construction, including the services of architects; distributive trades; the organisation of trade fairs; car rental; and travel agencies. Consumer services are also covered, such as those in the field of tourism, including tour guides; leisure services, sports centres and amusement park.
I. Freedom of establishment for providers
Member States shall not make access to a service activity or the exercise thereof subject to an authorisation scheme unless the following conditions are satisfied:
(a) the authorisation scheme does not discriminate against the provider in question;
(b) the need for an authorisation scheme is justified by an overriding reason relating to the public interest;
(c) the objective pursued cannot be attained by means of a less restrictive measure, in particular because aformerinspection would take place too late to be genuinely effective.
General implementation process (general rules)
1. New Act on travel activities (tour operator and travel agency activity) – under negotiations
- maintain pre-registration for travel companies in case of establishment
- notification in case of cross-border services
- competences of authority
- simplification of procedures
Big debate with stakeholders at the moment on the system of the financial guarantee (Government aim is to increase minimum sums after certain bankruptcies recently)
Government Decree on Travel Contracts and Travel Agency Contracts (281/2008.)
2. Tour guide services: new Minister Decree will be adopted
3. Accomodation services: new legal act adopted by the Government