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Helen Rohtla Saatja: Helen Rohtla Saatmisaeg: kolmapäev, 22. juuli 2020 15:36 Adressaat: 'Shmb &Package-Travel (FOD Economie - SPF Economie)'; Bob Wouters ([email protected]); [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jan Willem Zevenhuizen ([email protected]); [email protected]; jean- [email protected]; [email protected]; [email protected]; Ieva Baldiņa-Brūklīte (ieva.baldina- [email protected]); [email protected]; [email protected]; [email protected]; Sandra.Nitz- [email protected]; [email protected] Teema: RE: PTD - request for information Dear Sahin Yacizi, You requested information on Estonian insolvency protection system. What is the type (s) of system(s): insurance, bank guarantee, collective fund… Is there 1 or are there several systems? Estonia has adopted individual insolvency protection system i.e every travel undertaking required to set security must do it themselves, there is no collective fund. The security may be a warranty (guarantee) or an insurance policy issued by an insurance company or a credit or financial institution located either in Estonia or another member of the European Economic Area. The recipient of the security in the case of a warranty and the beneficiary in the case of insurance shall be the Consumer Protection and Technical Regulatory Authority (CPTRA). The duration of the security shall not be shorter than six months or, if the undertaking has provided several securities, the duration of at least one security shall be no shorter than six months. Security for a renewed period shall be established at least one month before the expiry of the previous security and the validity of the new security shall start no later than on the day following the day of expiry of the previous security During its operation, the travel undertaking is required to assess the size of the security and, if necessary, increase it. Our domestic Tourism Act specifies minimum size for the security depending on the area of activity of the travel undertaking (see the table below). Area of activity Minimum size of security 1. Organising packages including travel services There is no requirement for the minimum provided in Estonia size of the security, but a security is required 1 Area of activity Minimum size of security 2. Organising packages including travel services At least 7% of the planned annual total sales provided outside of Estonia and charter flights of packages, but not less than 32,000 euros 3. Organising packages including travel services At least 3% of the planned annual total sales provided outside of Estonia and scheduled flights of packages, but not less than 32,000 euros 4. Organising packages including travel services At least 7% of the planned annual total sales provided outside of Estonia except charter or of packages, but not less than 13,000 euros scheduled flights 5. Intermediating packages combined by a travel At least 7% of the planned annual total sales undertaking of a state outside the European Economic of packages, but not less than 32,000 euros Area 6. Offering linked travel arrangements including travel At least 3% of the planned annual total sales services provided in and outside of Estonia or only of linked travel arrangements, but not less outside of Estonia and facilitating entry into contracts than 13,000 euros 7. Offering linked travel arrangements including travel There is no requirement for the minimum services provided in Estonia and facilitating entry into size of the security, but a security is required contracts How does it work? Not exactly certain what is meant by this question. Maybe how does the insolvency protection system work in case of insolvency? In case a travel undertaking becomes insolvent they are required to promptly inform the CPTRA. The CPTRA can also decide on information gathered (eg. from travelers) that the travel undertaking is insolvent. In case the CPTRA decides that travel undertaking is insolvent we start a proceeding for the use of travel undertaking’s security. Firstly, we must establish if there are any travelers abroad who need repatriation. In case there are we need to organize their repatriation. Then we set a period of time for travelers to submit their claims to us. We publish notifications on our web, social media, do press release and in addition publish the notification in at least one nationwide daily newspaper. Then we gather the claims and check the justifiability of timely submitted claims. After which we forward the security provider list of travelers to be refunded and grant them reasonable time for making payments out of the security. Is the system obligatory for organisers only or for both organiser and retailer? Setting security is obligatory to organizers and facilitators except if: passengers pay for the packages in full after the provision of travel services and the packages do not include carriage of passengers (applicable only for areas of activity No. 1 and 4); the undertaking facilitating the conclusion of contracts on linked travel arrangements is not responsible for the carriage of passengers that is part of the linked travel arrangements and the passengers do not pay to the undertaking facilitating the conclusion of contracts on linked travel arrangements or they pay for the linked travel arrangements in full only after they have been provided (applicable only to area of activity No. 6 and 7); Retailers (intermediaries) are not required to provide insolvency protection if the organizer is established within the EEA. Retailers intermediating packages combined by a travel undertaking of a state outside the EEA are required to set security, unless they provide proof that the security obligation has been fulfilled by the actual tour operator in accordance with the requirements of the Tourism Act. 2 What are the limits, if any, when a big part of package travel organisers would become insolvent? This might be the case following the corona pandemic… how will this be handled in your country? Is there a reinsurance or state guarantee that is provided? Travelers would be reimbursed from the package travel organizers securities. To help the tourism sector our government developed an aid package for tourism sector. Under the support package tourism enterprises were/are provided loans guaranteed on favorable conditions by Kredex and micro, small and medium-sized tourism enterprises were able to apply for direct support from Enterprise Estonia. More information available here and here. Do you envisage changes to your system in the near future? The current COVID 19 situation has definitely shown that there are some problematic areas in our system. We plan to discuss this with our ministry in the fall. If you have any further questions don’t hesitate to contact me. In addition, we think that it would be highly appreciated if you could share this information collected on different insolvency protection systems with all MS. Maybe you or your colleagues could do it through Package Travel Wiki platform. Best regards, Helen Rohtla Lawyer in Consumer Environment Department +372 620 1737 | [email protected] www.ttja.ee | Consumer Protection and Technical Regulatory Authority Endla 10A, 10142 Tallinn ESTONIA From: Shmb &Package-Travel (FOD Economie - SPF Economie) <[email protected]> Sent: Tuesday, June 30, 2020 10:59 AM To: [email protected]; Helen Rohtla <[email protected]>; Bob Wouters ([email protected]) <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Hellika Teder <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jan Willem Zevenhuizen ([email protected]) <[email protected]>; [email protected]; jean- [email protected]; Grete Zõbin <[email protected]>; [email protected]; [email protected]; Ieva Baldiņa-Brūklīte ([email protected]) <ieva.baldina- [email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Jaana Tael <[email protected]> Subject: PTD - request for information 3 Dear Sir/Madam, According to art. 17 of Directive (EU) 2015/2302 on package travel and linked travel arrangements, every EU-member state needs to set up a system for insolvency protection. We would like to have detailed information on your national insolvency protection system such as: - What is the type (s) of system(s): insurance, bank guarantee, collective fund…  Is there 1 or are there several systems?  How does it work?  Is the system obligatory for organisers only or for both organiser and retailer?  … - What are the limits, if any, when a big part of package travel organisers would become insolvent? This might be the case following the corona pandemic… how will this be handled in your country? Is there a reinsurance or state guarantee that is provided? - Do you envisage changes to your system in the near future? Kind regards, Sahin Yacizi Directorate General for Economic Inspection Central Contact Point PTD + 32 2 277 62 22 Koning Albert II-laan 16 – 1000 Brussels Enterprise no: 0314.595.348 Think about the environment before printing! - Disclaimer 4