What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

P10_TA(2025)0195

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive

Amending the Directive on package travel and linked travel arrangements

(COM(2023)0905 – C90436/2023 – 2023/0435(COD))

Committee on the Internal Market and Consumer Protection

PE768.075

Amendments adopted by the European Parliament on 11 September 2025 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive (COM(2023)0905 – C9-0436/2023 – 2023/0435(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0905),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9 0436/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Senate and the Spanish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 24 April 2024,

– having regard to the Judgment of the Court of Justice of 29 July 2024,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A10-0140/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Annex II

EXPLANATORY STATEMENT

There is nothing more enjoyable than a good holiday. For many Europeans, this means purchasing a travel package. Coming from a country that attracts visitors seeking sun and culture, and where the tourism sector employs a significant portion of the workforce, the Rapporteur can relate to this proposal to review the Package Travel Directive.

The Rapporteur would like to highlight that this proposal has an impact on about 10% of the tourism trips in the EU, valuing 20% of the money spent in the tourism. The decisions that co-legislators will take can therefore have a direct and positive impact on our citizens and protect holidaymakers from unexpected developments. We should also be aware of the many jobs at stake in the tourism industry around Europe.

Therefore, a balanced approach is needed, where by combining strong and effective consumer protection with the request to keep rules simple and understandable for businesses. The Rapporteur wants to protect travellers from insolvency, while keeping in mind the financial burden for the travel organisers to provide for this protection. In the view of the Rapporteur, the European Commission has put forward a good basis for the European Parliament’s work and the political negotiations to come.

To put our work in perspective, the Rapporteur reminds the two main reasons for the European Commission to propose this review of the existing Directive.

First, the bankruptcy of Thomas Cook’s German subsidiaries left around 140.000 travellers stranded abroad, who needed repatriation. The insolvency protection at that time was insufficient to cover the refunds of travellers who did pre-payments, but did not yet reach their destination.

Second, the COVID-19 pandemic that created a lot of legal uncertainty surrounding the travel restrictions imposed with significant consequences for both travellers and the tourism industry. It raised questions about what are the valid reasons for consumers to cancel a travel package if travel is restricted.

We should therefore not forget that both of these events gave rise to a resolution voted by this Parliament, which gave me guidance as rapporteur to work on this proposal.

In light of these elements, the Rapporteur aims to simplify the proposed definition in Article 3 of a package irrespective of whether separate contracts are concluded. By replacing the 3-hour requirement by a more general requirement for travel services bought within the same booking process, we make the Directive more implementable for providers. At the same time, we prolong the timeline for travel services bought upon invitation of the trader to 72 hours after the first agreement.

On prepayments, the Rapporteur keeps the limit of 25% of the total price introduced in Article 5a of the Commission proposal, but specifies more explicitly that this percentage could be higher to cover advance payments to ensure the organisation of the package, like flight tickets or other advance payments to service providers of the package travel organiser. Furthermore, the Rapporteur introduces the possibility for Member States to create a system of trusted accounts for keeping the down payments of travellers secure.

By adding a paragraph to Article 11, the Rapporteur strengthens the information position of the consumer, by requiring package travel organiser to immediately inform the traveller about changes to the package.

On the issue of unavoidable and extraordinary circumstances occurring in Article 12, the Rapporteur removes the place of the travellers’ residence, and makes it clearer that any of these events affecting the journey of the traveller should be relevant for a termination of the contract. Also, the Rapporteur specifies that obligatory quarantine requirements against the spread of contagious diseases are relevant factors and that official travel warning gives the traveller the right to terminate the contract and request a refund.

Article 12a introduced by the Commission on vouchers is amended for reasons of fraud protection, by introducing a limit on the transfer of vouchers to once free of charge, while providing the travel organiser of the necessary information on the transferee. Further transfers of vouchers should be possible, but for a reasonable administrative fee.

On the effectiveness and scope of insolvency protection in Article 17, the Rapporteur limits the aspects that should be taken into account for the coverage, by removing the element changes in the volume of sales. Also, the Rapporteur removes the possibility for Member States to require a second level of protection. Both with the intention not to hinder the package providers from offering these products by insolvency insurance costs, while balancing this interest with solid consumer protection and sufficient insurance. The Rapporteur also specifies that a confirmation of the booking and proof of payment to make sure that it is easy for travellers to request a refund.

On the designation of central contact points to facilitate administrative cooperation and supervision of organisers in Article 18, the Rapporteur introduces a requirement for the Commission to collect centrally information related to insolvency protection schemes and central contact points, and to make this information publicly available on its website.

The effectiveness all the consumer protection measures proposed in the Directive are only as strong as the potential enforcement of the rules. That is why the Rapporteur introduced several new elements in Articles 24, 25 and 26.

The first is the obligation to set up a complaint-handling mechanism on their website in relation to the rights and obligations in the Directive, with clear deadlines to answer to complaints of travellers. Organisers and retailers are required to keep the data necessary to assess the complaint for the entire period of the complaint-handling procedure and should be able to make this data available to national enforcement bodies.

Secondly, the Rapporteur introduces more detailed provisions for Member States laying down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive. The maximum amount of such fines shall be at least 4% of the trader’s annual turnover in the Member State or Member States concerned, or when no information on the trader’s annual turnover is available, a maximum fine of at least 2 million EUR.

Thirdly, the Rapporteur introduces a mandatory participation in alternative dispute resolution procedure for organisers, retailers, intermediaries and other actors falling within the scope of this Directive. The decisions resulting from those procedures shall be binding upon them, without prejudice to their right to access the judicial system.

ANNEX: DECLARATION OF INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he included in his report input on matters pertaining to the subject of the file that he received, in the preparation of the report, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

9.4.2025

OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM

for the Committee on Internal Market and Consumer Protection

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive

(COM(2023)0905 – C90436/2023 – 2023/0435(COD))

Rapporteur for opinion: JanChristoph Oetjen

SHORT JUSTIFICATION

The Rapporteur welcomes the Commission’s proposal to improve consumer rights and transparency in package travel, which seeks to strike a balance between consumer protection and the operational realities of SMEs. He believes this balance can be refined to better address the needs of both parties. The COVID-19 pandemic highlighted significant gaps in the current framework, particularly concerning cancellations, refunds and insolvency. The incorporation of these lessons is welcomed to ensure greater resilience and clarity in future crises. However, flexibility must also be preserved for SMEs, which make up 99% of the sector. The Rapporteur believes the following provisions can be refined to ensure strong consumer protection whilst maintaining operational feasibility, fostering a fair, transparent, and adaptable framework for consumers and the travel industry.

 Firstly, the removal of pre-payment requirements. The package travel sector is characterised by a wide range of offers, catering to different types of travellers. A standardised rule for advance payments would particularly affect SMEs, which may then be deterred from offering certain products altogether. The exemption clause ultimately adds further reporting obligations as SMEs are to justify why they request more than 25% of the advance payment. This contradicts the goal of reducing bureaucracy.

 Secondly, the distinction between a package and a Linked Travel Arrangement (LTA) remains overly complex for consumers, offering little added value and in the end leaving consumers uncertain about their level of protection. At the same time, it is unreasonable to offer consumers no legal protection outside of a package, as combinations of travel services that do not constitute a package are common practice. One key advantage they offer is flexibility. Therefore, the Rapporteur proposes a compromise in deleting LTAs and introducing the category of these ‘combinations of travel services’. This aligns with stronger information requirements, as consumers are not always aware if they are purchasing a package. Drawing inspiration from EU financial services legislation, the Rapporteur suggests clear warnings be provided upfront. Integrating such warnings into the booking process ensures that travellers are fully informed before concluding their contract, rather than relying solely on standard information forms.

 Thirdly, the COVID-19 pandemic significantly impacted package travel, causing widespread cancellations and legal disputes. The Rapporteur welcomes the Commission’s proposed clarifications and further refines the definition of ‘unavoidable and extraordinary circumstances’, while also proposing to pre-define termination fees contractually to prevent future disputes.

 Fourthly, whilst the Rapporteur acknowledges that complaints handling is largely covered by the new DSA and national legislation, the Directive feels incomplete without a dedicated provision. This is also crucial for ensuring the introduction of Alternative Dispute Resolution (ADR) mechanisms in those Member States where they are not already available. To ensure effective enforcement and wider use across the EU it is necessary to strengthen consumer protection, raise awareness of ADR schemes and make participation mandatory for organisers, as is already the case in some Member States.

AMENDMENTS

The Committee on Transport and Tourism submits the following to the Committee on on Internal Market and Consumer Protection, as the committee responsible:

Amendment 1

Proposal for a directive

Recital 2

Amendment 2

Proposal for a directive

Recital 5

Amendment 3

Proposal for a directive

Recital 5 a (new)

Amendment 4

Proposal for a directive

Recital 6

Amendment 5

Proposal for a directive

Recital 7

Amendment 6

Proposal for a directive

Recital 9

Amendment 7

Proposal for a directive

Recital 10

Amendment 8

Proposal for a directive

Recital 17

Amendment 9

Proposal for a directive

Recital 19

Amendment 10

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/2302

Article 1 – paragraph 1

Justification

Throughout the Directive, the term ‘linked travel arrangements’ is replaced by ‘combinations of travel services bought separately for the purpose of the same trip or holiday’ and any necessary grammatical changes are made.

Amendment 11

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive (EU) 2015/2302

Article 2 – paragraph 1 – subparagraph 1

Amendment 12

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 2 – subparagraph 1 – point b – point i

Amendment 13

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 2 – subparagraph 1 – point b – point ii

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b a (new)

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 12

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 16

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – subparagraph 1 – introductory part

Amendment 17

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – subparagraph 1 – point b

Amendment 18

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – subparagraph 1 – point f

Amendment 19

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive (EU) 2015/2302

Article 5 – paragraph 1 – subparagraph 1 – point g

Amendment 20

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – subparagraph 1 – point h a (new)

Amendment 21

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5a

Amendment 22

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b

Directive (EU) 2015/2302

Article 7 – paragraph 2a

Amendment 23

Proposal for a directive

Article 1 – paragraph 1 – point 6 a (new)

Directive (EU) 2015/2302

Article 11 – paragraph 5

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Justification

The Rapporteur suggests slightly extending refund delays to account for non-working days and public holidays, ensuring that businesses, and in particular SMEs, have a reasonable amount of time to process refunds and avoid undue pressure.

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 6 b (new)

Directive (EU) 2015/2302

Article 11 – paragraph 5 a (new)

Amendment 25

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point -a (new)

Directive (EU) 2015/2302

Article 12 – paragraph 1

Justification

Throughout the Directive, the term ‘appropriate and justifiable termination fee’ is replaced by ‘standardised termination fee’ and any necessary grammatical changes are made.

Amendment 26

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a a (new)

Directive (EU) 2015/2302

Article 12 – paragraph 3 – introductory part

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a b (new)

Directive (EU) 2015/2302

Article 12 – paragraph 3 – point a – introductory part

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 29

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a (new)

Amendment 30

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Amendment 31

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12a

Amendment 32

Proposal for a directive

Article 1 – paragraph 1 – point 8 a (new)

Directive (EU) 2015/2302

Article 15 – paragraph 1

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 33

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 1 – subparagraph 1

Amendment 34

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 2

Amendment 35

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6

Amendment 36

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6 a (new)

Amendment 37

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2015/2302

Article 18 – paragraph 2

Amendment 38

Proposal for a directive

Article 1 – paragraph 1 – point 10 a (new)

Directive (EU) 2015/2302

Article 18 a (new)

Amendment 39

Proposal for a directive

Article 1 – paragraph 1 – point 10 b (new)

Directive (EU) 2015/2302

Article 18 b (new)

Amendment 40

Proposal for a directive

Article 1 – paragraph 1 – point 10 c (new)

Directive (EU) 2015/2302

Chapter VI – title

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – title

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – paragraph 1

Amendment 43

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – paragraph 2

Amendment 44

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – paragraph 3

Amendment 45

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – paragraph 4

Amendment 46

Proposal for a directive

Article 1 – paragraph 1 – point 11 a (new)

Directive (EU) 2015/2302

Article 19 a (new)

Amendment 47

Proposal for a directive

Article 1 – paragraph 1 – point 11 b (new)

Directive (EU) 2015/2302

Article 19 b (new)

Amendment 48

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive (EU) 2015/2302

Article 22 – paragraph 2

Amendment 49

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/2302

Article 23 – paragraph 1

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&qid=1738231769972)

Amendment 50

Proposal for a directive

Article 1 – paragraph 1 – point 12 b (new)

Directive (EU) 2015/2302

Article 24

Amendment 51

Proposal for a directive

Article 3 – paragraph 1 – subparagraph 1

Amendment 52

Proposal for a directive

Annex I – Part C a (new)

Directive (EU) 2015/2302

Annex I

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that he has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE