eu travel legislation

New proposals offer passengers improved rights and easier access to travel information

Have you ever had your flight cancelled and not been compensated for it? Passenger rights will be reinforced, thanks to new Commission proposals. Right now, the European Union is the only area in the world which has a passenger rights framework in place for all transport modes. But while EU legislation is good, passengers face issues due to poor implementation and enforcement. The proposed updates to existing mobility legislation would strengthen the enforcement mechanisms and improve rules for reimbursement for air passengers . 

The revised Passengers Rights Regulation and 2015 Package Travel Directive would bring improvements to 

• Persons with disabilities travelling by air - if the airline obliges them to travel accompanied, the person accompanying them would travel free of charge 
• Air tickets bought through intermediaries (like travel agencies) – passengers will have more clarity who will reimburse them: the transport operator or the intermediary 
• Multimodal journeys – passengers using different types of transport will be entitled to better information and protection 
• Prepayments for travel packages at the time of booking or ‘downpayments’ – limitation to max 25% of the package price up until 28 days before departure 
• Refund through vouchers – automatic refund if not used before the end of their validity period and protection against travel company insolvency 
• The right to get refunded within 14 days is reaffirmed 

The Commission is also proposing to create a ‘common European mobility data space’ which will make it easier to access and share transport data both for businesses and passengers . The new suggested rules will encourage Member States to proactively monitor travel issues and not only respond when complaints are there. If enacted, the Commission would be able to ask EU countries to investigate and take action where necessary.  

For more information  

Passenger rights  

Factsheet on Mobility Package

Automation and digitalisation in transport  

Press release: Improved rights and better information for travellers

Questions and answers - Making protection of package travellers more effective

Questions and answers on the revision of the passenger rights Regulations

Questions and answers on the Revision of Delegated Regulation on multimodal travel information services and on the Communication on the creation of a common European mobility data space (EMDS)

Share this page

New requirements for Americans traveling to Europe postponed until 2025

Americans eyed upcoming travel to European destinations slightly differently due to news of a requirement that was set to start in 2024 for U.S. passport holders. But now, EU officials have postponed the European Travel Information and Authorisation System ( ETIAS ) launch until spring of 2025.

SchengenVisaInfo.com, a website dedicated to the world's largest visa-free zone where 27 European countries abolished their internal borders known as the Schengen Area, first reported that an EU official confirmed ETIAS won't go live until May 2025, "due to continued delays with the introduction of the related Entry-Exit System (EES), which needs to be operational before ETIAS can be implemented."

An official for the European Union did not immediately respond to ABC News' request for comment.

What to know about ETIAS for US travelers

If you previously traveled to Europe without a visa, you will now need to apply for authorization through the ETIAS , before visiting.

Today, American travelers have visa-free access to 184 global destinations, according to the Henley Passport Index . And while the U.S. passport is currently ranked eighth-most powerful passport to own, that could be set to shift when the European Union adds its new documentation requirements for U.S. visitors.

The application form, which will be available on the official ETIAS website as well as a mobile application, has a fee of 7 euros or $7.79 U.S. dollars. All communication is done by email.

Once you are approved for travel, the authorization entitles visitors to stay in European countries that require ETIAS for up to 90 days within any 180-day period and travelers must be in possession of a valid ETIAS during their entire stay.

MORE: New warning issued for rebooking air travel after delays, cancellations

According to ETIAS, most applications should be processed within minutes, but in case an application takes longer, decisions will be sent within four days or up to 14 days if the applicant is asked to provide additional documentation.

The European Union encourages travelers to apply for an ETIAS authorization "well in advance of your planned journey."

Confirmation of application submission will be sent on email with a unique number that is needed for future reference.

Upon receiving ETIAS travel authorization, travelers are to ensure that their name, passport number and other information is correct because any mistake will prevent them from crossing the border.

If an application is refused, the email will include the reasons for the decision along with information about how to appeal.

ETIAS travel authorization is valid for three years, according to the EU, or until the travel document you used in your application expires, whichever comes first.

MORE: European heat wave breaking records with little relief in sight

The ETIAS authorization is linked to a person's travel document -- such as a U.S. passport -- and both documents will be needed to board a flight, bus or ship to enter any of the European countries that require ETIAS.

Similar to international border requirements with a passport, the ETIAS authorization doesn't guarantee automatic right of entry. "Border guards will verify that you meet the entry conditions" and anyone who does not meet the conditions "will be refused entry," according to the EU.

Click here to learn more about the process from the European Union.

An earlier version of this story was originally published on July 21, 2023.

Related Topics

Up next in travel—.

Google reveals top destinations for summer vacation 2024

Cybersecurity expert shares what guests, hotels should know in wake of Omni breach

What to know about JetBlue checked bag pricing, increased fees for Trusted Traveler Programs

King Charles III opens parts of Buckingham Palace, Balmoral Castle for 1st time

Shop editors picks, sponsored content by taboola.

Trending News

Related Practices & Jurisdictions

• Immigration
• Utilities & Transport
• All Federal
• European Union

The European Commission (EC) recently announced new mandates for certain visitors traveling to one of  30 designated countries  in the European Union (EU).

In 2024, select travelers will first need to complete an online travel authorization application via the  European Travel Information and Authorization System  (ETIAS). The new process is designed to help identify security and irregular migration risks, according to the EC. ETIAS was initially intended to launch in 2022, but implementation has been delayed mainly due to technical issues and systems not being ready for operation.

Beginning next year, all EU countries except Ireland will require ETIAS travel authorization for entry. Those with an ETIAS approval may stay in the listed countries for up to 90 days within any 180-day period.

The EU’s website has not yet listed an official start date, but the new procedures will involve additional questions and fees for visitor entry.

When filling out the ETIAS application, applicants will need to have a travel document and credit card readily available. Applicants will be asked to provide details and a declaration of accuracy on:

• Personal information
• Travel documents
• Education and occupation
• Intended travel itinerary
• Any criminal convictions
• Past travels to war or conflict zones
• Whether the applicant has been the subject of a decision requiring them to leave the territory of any country

Additionally, applicants between 18 and 70 years old will need to electronically pay the €7 EUR (approximately $8 USD) application fee. Children under 18 will be fee-exempt; however, parents or legal guardians will need to submit applications on behalf of minors.

Passport holders from  59  of the 62 countries from which visa-free travel to Europe is permitted for tourism, business, or transit – including those with U.S. passports – will now require ETIAS authorization. This totals approximately 1.4 billion nationals, including nationals of the United Kingdom, a former EU member state.

The EC has confirmed that, in more than 95% of cases, ETIAS applications will be processed in minutes, and approved ETIAS travel authorization will allow multiple entries to European countries and will be valid for three years or until the expiration date of the applicant’s travel document.

Applicants considered a threat to security, including individuals with criminal backgrounds, may be denied ETIAS authorization.

Individuals whose ETIAS travel authorization is refused or revoked will have the right to appeal. Applicants will receive an email indicating the grounds for refusal and the authority that made the decision, as well as the European countries where appeals should be filed and the relevant procedures to follow.

Current Legal Analysis

More from greenberg traurig, llp, upcoming legal education events.

Sign Up for e-NewsBulletins

Cookies on GOV.UK

We use some essential cookies to make this website work.

We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.

We also use cookies set by other sites to help us deliver content from their services.

You have accepted additional cookies. You can change your cookie settings at any time.

You have rejected additional cookies. You can change your cookie settings at any time.

• Passports, travel and living abroad
• Travel abroad

Travelling to the EU and Schengen area

You do not need a visa for short trips to the EU or countries in the Schengen area if both of the following apply:

• you’re staying for 90 days or less in a 180-day period
• you’re visiting as a tourist or for certain other reasons

Other reasons include:

• studying a short course
• getting medical treatment
• travelling for business for your UK employer, for example to attend a business meeting or conference
• journalism or other media activities

Check the entry requirements of the country you’re visiting to find out what you can and cannot do during your stay.

These rules do not apply to travelling and working in Ireland .

Travelling to countries in the Schengen area for up to 90 days in a 180-day period

You can travel to more than one country in a 180-day period. How long you can stay in each country depends on whether or not it’s in the Schengen area.

The countries in the Schengen area are:

Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Your total stay in the Schengen area must be no more than 90 days in every 180 days. It does not matter how many countries you visit. The 180-day period keeps ‘rolling’.

To work out if your stay is within the 90 day limit, use the following steps.

Check the date you plan to leave the Schengen area on your next trip.

Count back 180 days from that date to get the start of the 180-day period.

Add up the number of days you have already spent in the Schengen area in that 180-day period (you can use the dates stamped in your passport showing when you entered and left a country).

Work out how many days you will spend in the Schengen area on your next trip. Add this number to the number of days you worked out in step 3.

Check that the total number of days is not more than 90.

Travelling to EU countries that are not in the Schengen area

Bulgaria, Cyprus and Romania are not in the Schengen area. You can stay up to 90 days in a 180-day period in each of these countries without a visa.

Any time you spend in the Schengen area does not affect the number of days you can spend in these countries.

When you may need a visa

​​You may need a visa or permit if you want to either:

• stay for more than 90 days

If you’re travelling for work, check the rules for the country you’re visiting .

If you’re travelling for another reason or staying longer than 90 days, check the entry requirements for the country you’re visiting .

Related content

Is this page useful.

• Yes this page is useful
• No this page is not useful

European tourism legislation

Types of legislation.

European legislation affects all European citizens and businesses. Depending on the type of legislation, it can affect you directly (by its binding nature) and, in other cases, indirectly (with the recommendations or legislative trends that it marks).

The European Commission does not impose legislative trends, but it does shape them with a variety of legal procedures. It is therefore important to know the European legislative process and the types of legislation drawn up by the EU. In this way, you can understand different European tourism developments.

How is legislation developed in the EU?

The main method used in the EU to create rules is called ordinary proceedings. In this type of procedure, the European Commission is the EU body that develops, proposes and implements legislation. European Parliament (elected by European citizens) approves legislation together with the European Council (made up of the governments from the 28 EU countries).

Among the legislative acts that the EU creates, the most important are regulations, directives and decisions. These directly or indirectly affect EU countries, and the businesses within those countries.

For more information about the creation of European legislation , you can watch this animated guide: How it works: European laws .

Which pieces of legislation concern tourism in the EU?

Below are some directives which have a greater influence or impact on tourism industry regulation in the different EU countries.

Directive (EU) 2015/2302 on package travel and linked travel arrangements

What does it do? This piece of legislation clarifies the law surrounding travel services sold online. It therefore regulates the sale of package holidays .

What has been the impact? The directive had three main impacts. It responds to the changes in traditional travel distribution chains, while enhancing transparency and increasing the legal certainty for travellers and traders. It involved a change for both consumers and the intermediary subsector.

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

What does it do? The objective of this Directive on Services in the Single Market is to eliminate the difficulties in establishing tourism activities and to streamline procedures for creating new companies.

What has been the impact? Authorisation schemes for certain hotels, restaurants and travel agencies have been abolished. A declaration of responsibility has replaced them. This has led to the creation of the points of single contact .

Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare

What does it do? This directive on cross-border healthcare is intended to facilitate access to safe and high-quality cross-border healthcare in the EU.

What has been the impact? It allows European citizens to choose the country where they want to be medically treated.

Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights

What does it do? The Consumer Rights Directive aims to achieve a real business-to-consumer (B2C) internal market, with a high level of consumer protection and a competitive environment for businesses.

What has been the impact? It maintains a high level of consumer protection across the EU and has contributed to the proper functioning of the internal market, particularly concerning contracts concluded between consumers and traders.

Directive 2005/29/EU of the European Parliament and of the Council of 11 May 2011 concerning unfair business-to-consumer commercial practices in the internal market

What does it do? The Unfair Commercial Practices Directive aims to boost consumer confidence and make it easier for businesses, especially small and medium-sized enterprises, to trade across borders.

What has been the impact? It means that under EU rules, unfair commercial practices enable national enforcers to curb a broad range of unfair business practices. This includes untruthful information given to consumers, or aggressive marketing techniques designed to influence their choices.

Passenger rights

What does it do? Your passenger rights detail your rights when travelling in the EU.

What has been the impact? It means passengers who have experienced delays or cancellations by air, rail, ship or bus, can activate their rights and claim compensation.

Regulation (EC) Fairness in platform-to-business relations Platform-to-business trading practices

What does it do? The platform-to–business trading practices aim to promote fairness and transparency for business users of online intermediation services.

What has been the impact? There are now concrete actions on unfair contracts and trading practices in platform-to-business relations, which safeguards a fair, predictable, sustainable and trusted business environment in the online economy.

Regulation (EC) No 66/2010 on the EU Ecolabel

What does it do? The EU Ecolabel with the Tourism Accommodation Criteria is the only sign of environmental quality that is both certified by an independent organisation and valid throughout Europe.

What has been the impact? The Ecolabel satisfies the tourism industry’s demand for more environmentally friendly resorts and accommodation. It helps tourism accommodations to implement measures that make their operation more environmentally friendly by setting technical, measurable criteria on specific aspects such as water and waste management, energy consumption, etc. The EU Ecolabel is well known by customers, therefore certified accommodations displaying the “green leaf” label get more visibility towards environmentally conscious customers.

How does EU legislation impact tourism?

A legislative act brings EU policy into law. Everything the EU does is reflective of the over-arching treaties, which are democratically approved by all EU countries. The objectives of the EU treaties are achieved through various types of legislation.

Regulations

A regulation is a binding legislative act. It should be fully applied throughout the EU. An example is the regulation on regulation on insurance for air carriers and operators , affecting airlines and aircraft operators in all European countries.

A directive is a legislative act which establishes an objective that all EU countries must comply with – but each country must decide individually how to do so. An example of this is the directive on directive on package travel, holidays and tours , crucial to the operation of travel agencies. Learn more about directives and their implementation .

A decision is binding for those to whom it is addressed (one EU country or a particular company) and it is directly applicable. An example is the decision on the Community eco-label criteria for tourism accomodation services.

Recommendations

A recommendation is not binding and merely suggests how to act. An example is the recommendation on implementing rules on Chinese visas .

An opinion allows certain institutions to make non-binding declarations, i.e. without imposing legal obligations to the groups addressed. An example is the European Parliament’s opinion on the political framework for European tourism .

Useful resources

• an overview of the European legislation impacting tourism .
• the main aspects of European legislation, policies and activities .

Further reading on legislation affecting tourism

• Regulation of tourism activity in Europe
• Legal regulations for e-commerce
• Understanding tourism legislation Learn about what tourism legislation is and what it encompasses, how it can affect you when creating and managing a tourism business, and how you can keep up to date with any changes in legislation.

Share this page

• Market information

The European Package Travel Directive

• Share this on:

In 2018, the new European Package Travel Directive came into force. This directive protects European travellers’ rights when booking package holidays. It applies to both European tour operators and foreign parties selling travel products directly to European travellers. As a travel organiser who is active on the European market, you should inform yourself about the Package Travel Directive and take the necessary precautions.

Contents of this page

• What is the Package Travel Directive?
• What’s new in the 2018 Package Travel Directive?
• Who does the Package Travel Directive affect and why is it important?
• What are the rights and obligations regarding a linked travel arrangement?
• What options do you have as a travel organiser that sells directly on the European market?
• What options do you have as a travel supplier to European organisers?
• What should you do in response to the Package Travel Directive?

1. What is the Package Travel Directive?

The Package Travel Directive (2015/2302/EU) protects European travellers’ rights when booking package holidays, for example in terms of cancellation, liability, repatriation and refunds. It applies to both European and foreign traders selling travel packages to European travellers, be it directly or via a retailer.

This means that even if you don’t sell your travel products directly to European travellers, you should be familiar with the Package Travel Directive. European tour operators may translate their requirements into demands on you, especially as the Directive makes them responsible for all services in the packages they sell.

New ways of travelling require new rules

In 1990, tourism was one of the first sectors to introduce specific Europe-wide consumer protection legislation through the first Package Travel Directive. Back then, this legislation covered about 98% of European travellers’ holidays. Nowadays, this has become less than 50% through for example the rise of online booking. The definition of what does and doesn’t constitute a package clearly required an update. Because of this, a new Directive was needed.

On July 1st 2018, the new Package Travel Directive came into effect. This update strives to give the consumer (or ‘traveller’) clear information, as well as create a level playing field and a fair internal market. It includes both leisure and business travellers. The details per country vary, although several countries such as the Netherlands have fairly literally translated the European Directive into national legislation. Focusing on specific countries doesn’t make sense, as differences aren’t that significant.

Because this Directive is new and the exact implementation varies between countries, its concrete implications are not yet certain. Future legal challenges may be needed to interpret the Directive and create clarity. This study presents a general overview, along with some preliminary interpretations and predictions of several industry experts.

2. What’s new in the 2018 Package Travel Directive?

The previous Package Travel Directive wasn’t harmonised across Europe, so the exact differences between the old and new legislation vary per country. The most important change is the extended definition of ‘package travel’. Almost anything is package travel now, if it combines at least two of the following types of travel services:

• transport of passengers
• accommodation
• car and motor rental
• other travel services, like excursions, guided tours, or museum visits

Some services that are part of another travel service should not be considered as travel services in their own right. Examples are short distance transport as part of a guided tour, or access to on-site facilities such as a hotel swimming pool.

Six types of package travel

There are now six types of package travel. The first situation is identical to the old Directive:

• a combination of two or more travel services, within one contract by one organiser Example: one organiser offers a combination of accommodation, transport and excursions within one contract. It doesn’t matter whether the package is pre-arranged or combined at the request of the traveller.

There are five new situations that form a package even if there are two or more separate contracts with individual travel service providers , if:

• multiple travel services are bought at a single point of sale and selected before the traveller agrees to pay Example: on a travel website, a traveller has a hotel room in their shopping basket and then adds excursions. The traveller then books these services together.  
• a combination of travel services is offered, sold or charged at an inclusive or total price
• a combination of travel services is advertised or sold under the term “package” (or similar)
• a traveller can choose from a pre-selection of travel services after concluding the contract Example: a gift certificate  
• after selling a travel service, the first trader links the traveller to a second trader and transmits their name, e-mail and payment details . The traveller must book the second travel service within 24 hours of confirmation of the first. This is an online click-through package. Example: an airline sells a flight ticket. After the booking is made, the airline links the traveller and transmits their details to a hotel booking website where the traveller makes this second booking within 24 hours.

There is no package if the combination covers a period of less than 24 hours and does not include an overnight accommodation. For ‘other travel services’ such as tours and activities to form a package, they must make up at least 25% of the package value or be an essential feature of the package.

Linked travel arrangements

The Package Travel Directive also introduces a new concept called a ‘linked travel arrangement’. These are business models which strongly compete with ‘packages’, but deviate from the definition.

Like a package, a linked travel arrangement requires at least two different types of travel service purchased for the purpose of the same trip or holiday. In case of a linked travel arrangement, they will result in at least two separate contracts with different travel service providers .

There are two types of linked travel arrangement:

• during a single visit or contact with their point of sale, a trader facilitates the separate selection and separate payment of each travel service. Example: an airline sells a flight ticket. After the conclusion of this contract, the website of the airline presents an option to select a hotel, noting that the traveller will have a contract for this service directly with that travel service provider. The traveller then concludes the contract on the website of the airline.

The difference between this type of linked travel arrangement and a ‘Type 2 – package’ is that the additional travel service is chosen after the booking of the first travel service (which essentially requires booking multiple times), whereas with a Type 2 – package the travel services are first chosen and then booked (which requires booking only one time).

  2. a trader facilitates (in a targeted manner) the booking of at least one additional travel service from a second trader, where the second contract is concluded within 24 hours after the confirmation of the first. Example: an airline sells a flight ticket. After the booking is made, the airline links the traveller (without transmitting their name, e-mail and payment details) to a hotel booking website where the traveller makes this second booking within 24 hours. 

Organisers and retailers

Another key change, especially in the Netherlands, is the shifted focus from travel agents and tour operators to ‘organisers’ and ‘retailers’. Organisers are responsible (and in case of malperformance, liable) for the packages they combine, regardless of their official business model. Retailers are traders that sell the package of the organiser, without combining it with other travel services.

Whether you are acting as an organiser for a given package depends on your involvement in the creation of the package, and not on how you describe your business. When in doubt, the legitimate expectation of the traveller might be of influence: who do they think they are concluding their package travel agreement with? This doubt should be avoided by clearly indicating who the organiser is, before concluding the agreement.

• Study the Package Travel Directive and its new rules and definitions. The practical guide to package travel and linked travel arrangements and summary of the Package Travel Directive provide an overview.
• For more information, the European Union’s factsheet on stronger protection for package holidays explains how the Directive works in practice. It also illustrates the differences between the old and new version.
• See the national transposition measures for an indication of the legislation per European source country.
• Keep track of developments, as the outcomes of legal challenges may provide more clarity on the exact effects of the new Directive.
• Traders often have multiple types of offers. Some offers might be a package and other offers might not. Assess per type of offer whether there is a package and inform the traveller correspondingly.

3. Who does the Package Travel Directive affect and why is it important?

Who does it apply to.

The scope of the Package Travel Directive is not limited to European organisers or travellers residing within Europe. It also applies to you if you directly sell to European travellers.

The Directive handles specific definitions for the parties involved in tourism:

• ‘traders’ are persons acting in relation to packages and linked travel arrangements for commercial purposes (and other purposes relating to their trade)
• ‘organisers’ are traders who combine and sell/offer packages directly or through another trader
• ‘retailers’ are traders other than organisers, who sell/offer packages combined by an organiser
• ‘travellers’ are persons seeking to conclude a contract or entitled to travel on the basis of a contract concluded (including business travellers, unless they are acting on the basis of a general agreement)

The effects of these new definitions on Destination Management Companies (DMCs) and local suppliers are not yet known. A lot more travel arrangements are included in the new definition of packages.

What does it affect?

Some of the most important issues affected by the new Package Travel Directive are:

To protect European travellers, organisers are responsible for the travel packages they sell. This means they are (financially) liable in case of malperformance and need to be insured. With the extended definition of package travel, organisers have become responsible for more types of travel arrangements than before. This affects you both in the role of organiser and of supplier, as European partners you supply to may require you to have liability insurance in place to protect their interests.

Similarly, European travellers must also be protected against insolvency. This means that travellers must be refunded in case of bankruptcy. To ensure this, organisers may have to insure for insolvency protection. Again, this also affects you in the role of supplier, as European partners you supply to may require you to have liability insurance in place to protect their interests.

This study further explores your options to comply with these requirements in the coming sections.

When does it apply?

Sales through a european organiser or retailer.

The Package Travel Directive creates different dynamics, depending on the size and power of the European organiser and of the local DMC or supplier. If both the organiser and the supplier are strong players, they are likely to make clear arrangements to divide the risks and capitalise the risk division. In an unequal partnership, the risks tend to be forced onto the weaker party. If both parties are relatively small-scale businesses, they usually don’t make extensive contractual arrangements.

Figure 1: The effect of size and power of organisers and suppliers

Source: Kompas Juristen

European retailers of packages combined by non-European organisers must have insolvency protection, unless they can provide evidence that the organiser has sufficient protection. European countries may also require retailers to contract insolvency protection.

Retailers of non-European organisers are also responsible for the proper performance of the package and are liable in case of malperformance, unless they can prove the organiser complies with those obligations. How this proof is to be given is unclear, but it could include a statement from the non-European organiser. Retailers might still be liable if they are operating in a country where national law makes both organisers and retailers responsible. How retailers will manage these risks is unclear.

• Make sure to have clear arrangements in place and be aware of the contents of these agreements. What are you liable for?
• It will be an advantage for European retailers to sell your packages if you provide a statement that you are responsible for the performance of the package and that you comply with all local conditions, regulations and legislation.
• It will be an advantage for European retailers to sell your packages if you offer sufficient insurance for insolvency to the traveller.

Direct online sales on the European market

The Directive also applies to direct online sales on the European outbound tourism market. In these cases, you (as the organiser) are responsible for the package.

In-destination sales through representatives of European organisers

Another option is to sell a secondary tourism product on location, on the recommendation of a local representative of the European organiser (such as a tour guide). If this representative merely mediates between the traveller and a local supplier, the organiser will not become party to the contract, nor will this travel service become part of the travel package. The organiser will generally not be liable for faults of the local supplier.

However, if the representative doesn’t (make it clear they) merely act as a mediator, then it is likely the organiser is responsible for the actions of the local supplier. This isn’t specifically related to the Package Travel Directive, but due to general contract law rules on responsibility for subcontractors. There might be exceptions depending on the applicable law.

Choice of law

In a Package Travel Contract, a clause could determine the choice of law to govern the contract. There generally is free choice of law, meaning you could potentially choose to comply with your national legislation rather than the Package Travel Directive.

However although there is no legal precedent as of yet (October 2018), provisions from the Directive might constitute so-called ‘overriding mandatory rules’ due to their imperative nature. This means that if your activity is directed to a European country, the obligations stemming from the Directive most likely apply even if you have chosen your national law to govern the contract.

If you, as a non-European organiser, sell packages (or linked travel arrangements) in Europe, the provision in the Directive to provide insolvency protection for travellers certainly applies. Regardless of the choice of law.

According to public law, if you direct activities to Europe you must provide insolvency protection. European countries can require organisers to provide travellers with a certificate documenting a direct entitlement against the provider of the insolvency protection. For example Germany requires this type of certification. In addition, European countries may also require retailers to contract insolvency protection.

• If you are making an effort to attract European customers, you can expect that you are directing your activities to Europe. See the summary of this European court judgment for more detailed criteria.

What are the rights and obligations regarding package travel agreements?

There are many obligations for you and rights for the traveller when you are offering a package. These include information requirements, the use of a standard information form , contractual rights of the traveller, responsibility for performance and protection when you go bankrupt.

• For more information, watch the UK European Consumer Centre’s video on travellers’ rights .

Responsibility for performance and liability

As an organiser, you are responsible for the performance of your package. If the package is not performed as contracted, you must remedy this unless that is impossible or brings disproportionate costs.

In case of malperformance, you are (financially) liable. To protect your business, you may need to contract liability insurance. Similarly, if you are a supplier to a European organiser, this European partner may require you to have liability insurance in place so they can forward potential claims to you.

Insolvency protection

If you sell (or offer for sale) packages or linked travel arrangements in Europe, you must provide insolvency protection. This should contain the refund of all payments made by travellers insofar as the travel services are not performed due to your insolvency.

If the transport of passengers is included in the package, the protection should also provide for the travellers' repatriation. Continuation of the package may be offered. European countries can require you to provide travellers with a certificate, documenting a direct entitlement against the provider of the insolvency protection. For example Germany requires this type of certification.

There are various types of insolvency protection. Some of the options are a travel guarantee fund, a bank guarantee, insurance, a trust, an escrow construction or combinations of these measures. These service providers often require you to have an establishment in a European country.

New initiatives are being developed that may offer you alternative options to obtain insolvency protection. For example, Dutch commercial firm STO Garant now offers a guarantee without the requirement of a European establishment, provided either the trader or the traveller is based in the Netherlands. This type of arrangement could also be made available in other countries in the future.

• If the package does not include transport, you can also fulfil the obligation to provide travellers protection against your insolvency by letting them pay after the performance of the package. Of course this poses a risk, which you have to weigh against the advantage.

4. What are the rights and obligations regarding a linked travel arrangement?

When a combination constitutes a linked travel arrangement, you have to provide insolvency protection for the payment you receive. However, you are not responsible for the whole package and the rights and obligations for a package travel agreement do not apply.

You must inform travellers via a standard information form ( Annex II ) that the combination constitutes a linked travel arrangement and that they do not have the same rights as under a package travel agreement. If you fail to do so, the Directive prescribes that most rights will apply. This means you are not only obligated to provide insolvency protection for payments received, but are also responsible for the proper performance of all travel services and liable for malperformance.

5. What options do you have as a travel organiser that sells directly on the European market?

According to CBI, tourism SMEs  (small and medium-sized enterprises) in developing countries are doing more and more direct business on the European market, up to 60%. If you decide to trade directly with European travellers, you are responsible for the package travel products you sell them. So what options are there for direct trade within the new Directive?

Liability and insolvency insurance within your own country

Although in many developing countries the appropriate insurance isn’t available, some companies do offer you coverage. Local insurance companies often use an international name, but that doesn’t mean they provide the same standard of services as the international company. Obtaining this type of insurance could be sufficient to comply with European requirements, but how much the insurance really covers in practice may be unclear.

• Determine whether you can obtain insurance from a company within your country.
• Contact your national travel association (and become a member if you aren’t yet) and ask what options they know of and/or would recommend.

Liability insurance in another country

If liability insurance isn’t available within your country, you may be able to contract insurance abroad. Insurance companies from for example Hong Kong, China or Australia often accept clients from other countries as well. Again, whether these policies cover what you need is uncertain, but they do allow you to meet the European requirements.

• If you can’t contract the appropriate insurance within your country, study your options with foreign insurance companies. For example via the Insurance Council of Australia .
• In this case too, contact your national travel association for advice and/or recommendations.

Establishing a European entity

For some suppliers from developing countries, it can be a good option to establish a European entity. This is a division of your company based in a European country. Through your European entity, you can arrange corporate liability/insolvency insurance in Europe. It may also allow you to benefit from other facilities in the European country in question, such as a national travel guarantee fund (like the Dutch SGR or Danish Rejsegarantifonden ) or trade association (like the British ABTA or German DRV ).

This is a good option, but doesn’t work for everyone. Establishing a European entity involves considerable costs, which shouldn’t outweigh your potential gains. In addition, you need a European representative on your team who is based in the European country and speaks the local language. Otherwise, this strategy isn’t particularly feasible for you.

• If you have a suitable representative on your team or in your network, study the options for establishing a European entity in their country. In some countries, membership of the national travel guarantee fund may be mandatory.
• For more information on European travel guarantee funds, see the ECTAA-presentation A Travel Guarantee Fund: how does it work? using the Belgian GFG as an example.

Additional measures

Regardless of how you have arranged your liability and insolvency insurance, you should require your travellers to have travel insurance in place. Although you continue to be liable for malperformance, you can avoid some claims because travellers generally turn to their travel insurance first.

In addition, you shouldn’t include flights from and to traveller’s home country in your package offer. If you do, you are responsible for various issues such as repatriation and accommodation in case of disruptions under the Package Travel Directive. By excluding these products you avoid these responsibilities, which in practise pose a high risk for organisers.

• Require your travellers to have travel insurance. For example by making them tick a box confirming they have travel insurance or enter their policy number in the booking process.
• Don’t offer flights from and to traveller’s home country.

6. What options do you have as a travel supplier to European organisers?

As European travellers become increasingly aware of the risk of disruptions, the new Directive may drive them towards professional travel agents and tour operators. This emphasises the importance of partnering with European players.

Although the Package Travel Directive makes European organisers responsible for the products they sell in a package, this won’t make them stop working with developing country suppliers. It does mean they have to make better agreements with their partners, and protect themselves in terms of conditions of purchase and insurance requirements.

• You are not obliged to accept the demands of the European organiser or retailer. Big companies tend to impose unfavourable purchase conditions upon you. Your negotiating position depends on what their alternatives are.

Liability and insolvency insurance

The new Directive makes it increasingly common for European organisers to demand that their suppliers have liability and insolvency insurance. For example, TUI already requires potential new suppliers to indicate the extent of their coverage. Some organisers take care of the liability and/or insolvency insurance of their developing country suppliers if this is unavailable their home market. For a (potentially considerable) fee, they can expand the coverage of their own insurance policy.

• If the required insurance isn’t available in your country, inquire with your (potential) European partners whether they can arrange this for you.

Flexibility

European organisers need their local suppliers to be more flexible under the new rules. Now that travellers have the right to demand a solution or be reimbursed if there are changes to their package, you must have the flexibility to provide solutions. European organisers favour those suppliers that are best able to adapt to unexpected changes. This creates a need for stricter protocols, clear communication and good solid agreements with your European organiser(s) and your suppliers.

• Create flexibility by negotiating favourable cancellation conditions in purchase contracts with your service providers, including a cancellation possibility in case of force majeure.

Online travel platforms

Travel platforms like Evaneos or kimkim might become an interesting option if you aren’t able to ensure compliance yourself. That is, if these platforms decide to monetise on this business opportunity and are successful in finding ways to tackle compliance issues. Suppliers from around the world can offer packages on these platforms, but until now they often work with only 1 local DMC per destination.

So far travel platforms try to deflect any legal responsibility, but with the introduction of the concept of ‘organisers’ they may need to step up. How exactly they will develop in terms of liability arrangements and the number of partners per destination is currently unclear.

7. What should you do in response to the Package Travel Directive?

To summarise, for now the most important tips are:

• Study the Package Travel Directive and stay up to date on new developments. Useful sources of information can be the official Package Travel Directive documentation , national and international travel trade associations, and travel trade platforms such as Skift , the International Forum of Travel and Tourism Advocates . You can also keep up with new updates of this study by subscribing to our CBI newsletter .
• Research your own business model to determine whether you are considered an organiser, retailer or supplier. This may vary per offer.
• Assess per type of offer if it constitutes a package, to determine if the Directive applies.
• Study what rights travellers have in the Package Travel Directive and the European Consumer Centre’s video on travellers’ rights .
• Protect yourself and your travellers by studying your options to contract liability and insolvency insurance and making the necessary arrangements. Inquire with, for example, your national travel association, your (potential) European buyers and with national and/or foreign insurance companies. You can also ask your fellow (local) travel suppliers what their arrangements are.
• Be flexible to appeal to European buyers, for example by negotiating favourable cancellation conditions in purchase contracts with your service providers.

Please review our market information disclaimer .

Enter search terms to find market research

Do you have questions about this research?

Ask your question

EU passes asylum and migration pact after eight years of deadlock

European parliament president says ‘history made’ with vote to pass changes, which have been criticised by NGOs

• Analysis: Pact survived objections from far right and far left

Sweeping changes to the EU’s migration laws have been passed in a knife-edge series of votes in the European parliament, with supporters of the new laws calling the move historic but NGOs saying they are a step back for human rights.

The vote on Wednesday, which is now expected to be rubber-stamped by the member states, ends eight years of deadlock over repeated efforts to tighten up border management and asylum processes in the 27-member bloc.

Champions of the laws, who had been campaigning to get the legislation passed in the face of a rise in popularity of the far right before the European parliament elections in June, seized on the move as a great victory.

They said it would fast-track asylum procedures at the EU’s border, impose tough new screening systems and return people who do not qualify for international protection to their countries.

Roberta Metsola, the European parliament president, wrote on X: “History made. We have delivered a robust legislative framework on how to deal with migration and asylum in the EU. It has been more than 10 years in the making. But we kept our word. A balance between solidarity and responsibility. This is the European way.”

However, tensions in the huge auditorium as the voting started betrayed the deeply divisive nature of the laws. Proceedings were interrupted by protesters dressed in white T-shirts in the public gallery, who shouted at MEPs: “This pact kills! Vote ‘no’!” while throwing paper planes carrying the coordinates of shipwrecks and refugees who have died at EU external borders.

The home affairs commissioner, Ylva Johansson, who shepherded the legislation through, was defiant. “I feel proud ... considering when I took office four and a half years ago, few thought we would make it,” she said.

Civil society groups, however, hit out at what Eve Geddie, Amnesty International’s head of the European institutions office and director of advocacy, called a “failure to show global leadership”.

“After years of negotiations, EU institutions are now shamefully co-signing an agreement that they know will lead to greater human suffering,” she said.

“For people escaping conflict, persecution or economic insecurity these reforms will mean less protection and a greater risk of facing human rights violations across Europe – including illegal and violent pushbacks, arbitrary detention and discriminatory policing.

Oxfam had earlier denounced the pact as a recipe for “deterrents, detention and deportation” rather than protection of human rights.

MEPs on the left and the Greens, who voted against eight of the 10 pieces of proposed legislation on the table, also criticised the bill for failing to prioritise guarantees for human rights.

Rightwing politicians had their own reasons for opposing the reforms, arguing that the new laws did not go far enough and would cause a spike in migration.

Among those that voted against parts of the asylum and migration pact were the French and Spanish far-right parties Rassemblement National and Vox, as well as the Polish nationalist populists Law & Justice, and Viktor Orbán’s Fidesz.

after newsletter promotion

They had earlier denounced the 10-part pact as a licence for people-smugglers and a blow to member states’ sovereignty.

The Belgian prime minister, Alexander De Croo, said parties who had tried to block the pact were voting for the status quo and leaving countries such as Italy, which has various far-right parties, to deal with the people smuggling crisis on its shores alone.

The new laws must now be approved by European leaders, with opposition guaranteed from Poland’s new prime minister, Donald Tusk, who has said he will not agree to new rules allowing for relocation of migrants from countries under pressure.

“We will find ways so that even if the migration pact comes into force in roughly unchanged form, we will protect Poland against the relocation mechanism,” he said, underlining his country’s argument that is already accommodating around 1m Ukrainian refugees.

Sources who worked on the legislation said every member state could opt out of the relocation of migrants with measures allowing them instead to contribute “in kind with equipment or experts such as lawyers”.

In one of the most controversial measures they will also be allowed to pay €20,000 (£17,000) a head into a fund for those people they do not accept under the solidarity measure.

• European Union

More on this story

EU asylum and migration pact has passed despite far right and left’s objections

‘History made’ as EU parliament passes major migration and asylum reforms – as it happened

Cyprus calls for EU help to manage record Syrian migration from Lebanon

Libya coastguard accused of hampering attempt to save more than 170 people

European Commission accused of ‘bankrolling dictators’ by MEPs after Tunisia deal

Watchdog urges EU rescue rules change after migrant boat disaster off Greece

Calais people-smuggling gang broken up with 19 arrests, says Europol

Number of people arriving by boat in Canaries from west Africa jumps 1,000%

Most viewed.

MEPs approve the new Migration and Asylum Pact  

Share this page:  .

• Facebook  
• Twitter  
• LinkedIn  
• WhatsApp  
• Asylum claims to be examined more quickly, including at the EU’s borders, and more effective returns  
• Improved identification at arrival; mandatory security, vulnerability and health checks for people entering the EU irregularly  
• Member states can choose between taking responsibility for asylum applicants , making financial contributions, or providing operational support  
• Better response during crisis situations and new voluntary scheme for the resettlement of refugees from third countries  

The European Parliament today adopted ten legislative texts to reform European migration and asylum policy as agreed with EU member states.

Solidarity and responsibility

In order to assist EU countries subject to migratory pressure, other member states will contribute by relocating asylum applicants or beneficiaries of international protection to their territory, making financial contributions, or providing operational and technical support. The criteria according to which a member state is responsible for examining international protection applications (the so called Dublin rules) will also be updated.

The regulation on asylum and migration management, by rapporteur Tomas TOBÉ (SE, EPP), was backed by 322 votes in favour 266 against and 31 abstentions. Read more about it .

Addressing situations of crisis

The crisis and force majeure regulation establishes a mechanism to respond to sudden increases in arrivals, ensuring solidarity and support for member states facing an exceptional influx of third-country nationals. The new rules will also cover the instrumentalisation of migrants, i.e. when they are used by third-countries or hostile non-state actors aiming to destabilise the EU.

The bill, by rapporteur Juan Fernando LÓPEZ AGUILAR (ES, S&D), was confirmed with 301 votes in favour, 272 against and 46 abstentions. Find more information on the crisis situations regulation .

Screening of third-country nationals at EU borders

People who do not meet the conditions to enter the EU will be subject to a pre-entry screening procedure, including identification, collecting of biometric data, and health and security checks, during a period of up to seven days. Member states will have to set independent monitoring mechanisms to ensure the respect for fundamental rights.

The text, by rapporteur Birgit SIPPEL (DE, S&D), was endorsed by 366 votes to, 229 and 26 abstentions. MEPs also approved new rules for the centralised system on conviction information (ECRIS-TCN), with 414 votes to 182 against and 29 abstentions. Read more about the new screening regulation .

Faster asylum procedures

A new common procedure will be established across the EU to grant and withdraw international protection. Processing asylum claims at EU borders will in future have to be faster, with shorter deadlines for unfounded or inadmissible claims.

The bill, by rapporteur Fabienne KELLER (France, Renew), was adopted by 301 votes to 269 and 51 abstentions. For the Border return procedure the result was 329 votes to 253 and 40 abstentions. Read more about the asylum procedure regulation .

Eurodac regulation

The data of those arriving irregularly to the EU, including fingerprints and facial images from six years old onwards, will be stored in the reformed Eurodac database. Authorities will also be able to record if someone may present a security threat or was violent or armed.

The text, by rapporteur Jorge BUXADÉ VILLALBA (ES, ECR), was adopted with 404 votes to 202 and 16 abstentions. More details about the new Eurodac rules are available here .

Qualifications standards

Parliament also backed new uniform standards for all member states for the recognition of refugee or subsidiary protection status, and regarding the rights granted to those qualifying for protection. Member states should assess the situation in the country of origin based on information from the EU Asylum Agency and refugee status would be reviewed regularly. Applicants for protection will have to remain on the territory of the member state responsible for their application or in which the protection was granted.

Steered by rapporteur Matjaž NEMEC (SI, S&D), the text was endorsed with 340 votes to 249 and 34 abstentions. Read more about the qualifications regulation .

Receiving asylum applicants

Member states will have to ensure equivalent reception standards for asylum seekers when it comes to, for example, housing, schooling and health care. Registered asylum applicants will be able to start working at the latest six months after filing the request. The conditions of detention and the restriction of freedom of movement will be regulated, to discourage applicants from moving around the EU.

The act, by rapporteur Sophia IN 'T VELD (NL, Renew), was approved by 398 votes to 162 and 60 abstentions. Read more about the reception conditions directive .

Safe and legal way to Europe

Under a new framework on resettlement and humanitarian admission, member states will, on a voluntary basis, offer to host UNHCR-recognised refugees from third countries, who would travel to EU territory in a legal, organised and safe way. The bill, by rapporteur Malin BJÖRK (SE, The Left), was adopted with 452 votes in favour, 154 against and 14 abstentions. Read more about the EU resettlement framework .

Once the package is formally approved by the Council, the laws will enter into force after their publication in the Official Journal. The regulations are expected to start applying in two years time. For the reception conditions directive, member states will have two years to introduce the changes to their national laws.

In adopting this report, Parliament is responding to citizens’ expectations to strengthen the EU’s role in tackling all forms of irregular migration and strengthen the protection of the European Union's external borders, while respecting human rights, to apply common rules uniformly in all member states on the first reception of migrants, to strengthen the EU’s role and reform the European asylum system based on the principles of solidarity and fair share of responsibility, as expressed in proposals 42(2), 43(1), 43(2), 44(1), 44(2), 44(3), 44(4) of the conclusions of the Conference on the Future of Europe.

Contacts:  

Polona tedesko  .

• Phone number: (+32) 2 28 40731 (BXL)  
• Mobile number: (+32) 495 535 457  
• E-mail: [email protected]  
• E-mail: [email protected]  
• Twitter account: @EP_Justice  

Further information  

• The adopted texts will be available here (10.4.2024)  
• Video recording of the plenary debate (10.4.2024)  
• Text of the provisional agreement on Asylum and migration management  
• Text of the provisional agreement on Crisis and force majeure  
• Text of the provisional agreement on Screening regulation  
• Text of the provisional agreement on Screening TCN-Ecris regulation  
• Text of the provisional agreement on Asylum procedures regulation  
• Text of the return border procedure  
• Text of the provisional agreement on Eurodac  
• Text of the provisional agreement on Qualification standards  
• Text of the provisional agreement on EU Resettlement framework  
• Text of the provisional agreement on Reception conditions  

Product information  

European Parliament passes asylum and migration reforms

Non-governmental organisations (NGO) have criticised the package for undermining human rights.

The European Parliament has approved a landmark overhaul of the European Union’s asylum and migration rules.

The parliament’s main political groups overcame opposition from far-right and far-left parties to pass the new migration and asylum pact – a sweeping reform nearly a decade in the making.

Keep reading

The eu’s migration policies and the end of human rights in europe, european union reaches agreement on landmark legislation to regulate ai, the eu’s secret weapon against refugees — time.

In a series of 10 votes on Wednesday, European lawmakers endorsed the regulations and policies that make up the Pact on Migration and Asylum.

The reforms address the questions of who should take responsibility for migrants and asylum seekers when they arrive and whether other EU countries should be obliged to help.

“History made” parliament president Roberta Metsola posted on X on Wednesday following the passage of the migration and asylum pact.

German Chancellor Olaf Scholz called the new rules a “historic, indispensable step” for the EU.

EU Home Affairs Commissioner Ylva Johansson said the bloc “will be able to better protect our external borders, the vulnerable and refugees, swiftly return those not eligible to stay” and introduce “mandatory solidarity” between member states.

Protesters interrupt vote

Outside the Brussels parliament building, dozens of demonstrators protested against the vote, echoing criticism from more than 160 migrant charities and non-governmental organisations.

In a sign of the fierce opposition, the start of voting was interrupted by protesters in the public gallery yelling, “This pact kills – vote no!” until the chamber was brought to order.

The legislation requires all EU member states to take some form of responsibility for managing asylum applications.

If an EU country does not want to accept people applying for asylum, then that member state must give alternative assistance like financial contributions to a support fund.

Also, EU member states experiencing significant spikes in applications for asylum may call for the applicants to be distributed to other EU countries.

The most controversial part of the package involves establishing border facilities in the EU to host asylum seekers and screen and quickly send back applicants found not to be ineligible.

Swedish parliamentarian Malin Bjork said that the pact does not respond to “any of the questions it was set to solve.”

She said the reform package “undermines the individual right to seek asylum” in Europe because it would build on plans that some EU countries already have to process migrants abroad. Italy has concluded one such deal with Albania. Bjork’s Left group voted against the pact.

Far-right lawmakers complained the overhaul did not go far enough to block access to irregular migrants.

Rights groups denounce pact

Human rights groups mostly slammed the reform package.

In a joint statement, 22 charity groups, including the International Rescue Committee and Oxfam, said the pact “leaves troubling cracks deep within Europe’s approach to asylum and migration, and fails to offer sustainable solutions for people seeking safety at Europe’s borders.”

The groups said that part of the reforms governing the resettlement of migrants to Europe from outside the bloc “offers a glimmer of hope for many refugees across the globe.”

Eve Geddie from Amnesty International described it as “a failure to show global leadership.”

“For people escaping conflict, persecution, or economic insecurity, these reforms will mean less protection and a greater risk of facing human rights violations across Europe – including illegal and violent pushbacks, arbitrary detention, and discriminatory policing,” she said.

The 27 EU member countries must now endorse the reform package, possibly in a vote in late April, before it can take effect.

Already planning to see the next solar eclipse in 2026? What travelers need to know.

Umbraphiles feeling the post-eclipse blues should start checking the expiration date on their passports.

The next total solar eclipse is set to happen on Aug. 12, 2026, over Greenland, Iceland, Spain, Russia and a small part of Portugal, according to NASA . 

In North America, only a partial eclipse will be visible, so if April’s event made you an eclipse chaser and you want to see totality, you’ll need to head overseas.

Here’s what you’ll need to know before packing your bags:

Do you need a passport or visa for the best destination?

The path of totality for the 2026 eclipse mostly goes through places Americans can travel visa-free with their passport, so long as they’re planning to stay for less than 90 days.

Spain, Portugal, Iceland and Greenland all allow visa-free tourist travel for U.S. passport holders.

Spain, Portugal and Iceland are also members of the Schengen Area, which allows for visa-free travel in much of Europe, meaning if you decide to make a multi-country trip out of your eclipse adventure, you won’t need to clear customs if you’re coming from much of the rest of Europe, either.

One major change for travelers to Europe from the U.S., however, is that electronic preauthorization will become a requirement beginning in mid-2025. The European Travel Information and Authorization System (ETIAS) requirement will apply to all four open countries in the path of totality. 

Depending on the state of the Ukraine war, travel to Russia may or may not be an option for most Americans by 2026, so it’s unclear what the paperwork requirements will be by then.

Is it better to see it from the beach?

Beaches can be a great place to see the eclipse because there are few natural obstacles blocking observers’ views of the sky. The 2026 path of totality passes over beaches on Spain’s northern and southeastern coasts, as well as over islands in the Mediterranean Sea including Mallorca, Menorca and Ibiza. The eclipse will also pass over coastal areas in Greenland and Iceland, according to the National Solar Observatory . 

Cruising Altitude: What it was like to see the eclipse from a plane

Will there be eclipse cruises or flights?

Almost certainly, although most operators have not announced specific plans yet. 

Cruise lines will also offer more viewing opportunities. Princess Cruises “has created a bespoke itinerary aboard Sky Princess to position the ship near Spain on that date,” according to a spokesperson for the line. The cruise will open for bookings on Princess’s website on May 23.

Cunard Line has sailings on its Queen Mary 2 , Queen Victoria and Queen Anne vessels that will put passengers in prime spots to watch .

'The ship can move': Why you should watch next solar eclipses from a cruise ship

Holland America Line is also planning multiple sailings around the event, though details are still to be announced. “Guests have reacted positively to our 2024 eclipse cruises and with the next full eclipse in 2026 we plan to have three sailings in Europe that will align with the path of the eclipse,” Paul Grigsby, the line's vice president of Deployment & Itinerary Planning, previously told USA TODAY in an email.

• Share full article

Advertisement

Supported by

In Landmark Climate Ruling, European Court Faults Switzerland

Experts said it was the first time an international court determined that governments were legally obligated to meet their climate targets under human rights law.

By Isabella Kwai and Emma Bubola

Reporting from London

Europe’s top human rights court said on Tuesday that the Swiss government had violated its citizens’ human rights by not doing enough to stop climate change, a landmark ruling that experts said could bolster activists hoping to use human rights law to hold governments to account.

In the case, which was brought by a group called KlimaSeniorinnen, or Senior Women for Climate Protection, the European Court of Human Rights in Strasbourg, France, said that Switzerland had failed to meet its target in reducing carbon emissions and must act to address that shortcoming.

The women, age 64 and up, said that their health was at risk during heat waves related to global warming. They argued that the Swiss government, by not doing enough to mitigate against global warming, had violated their rights.

It is the latest decision in a broader wave of climate-related lawsuits that aim to push governments to act against global warming , and countries’ domestic courts have handled similar cases. But experts said it was the first instance of an international court determining that governments were legally obligated to meet their climate targets under human rights law.

“It is the first time that an international court has affirmed clearly that a climate crisis is a human rights crisis,” said Joie Chowdhury, a senior lawyer with the Center for International Environmental Law, an international group that voiced its support for KlimaSeniorinnen’s case.

Although the decision is legally binding, experts say that states are ultimately responsible for complying.

Annalisa Savaresi, a professor of environmental law at the University of East Finland, said she expected the country to heed the court’s ruling. “Simply because Switzerland is Switzerland: It’s a rule-of-law state, it’s not a rogue state,” she said. “They are keen to be seen as doing the right thing.”

With many other countries failing to meet their climate targets, the ruling could also encourage more members of the public to sue, experts said.

“I expect we’re going to see a rash of lawsuits in other European countries, because most of them have done the same thing,” said Michael Gerrard, the director of the Sabin Center for Climate Change Law at Columbia University in New York. “They have failed to meet their climate goals, and failed to set climate targets that are adequate.”

Climate lawyers also hope that the ruling will inform other upcoming opinions by international courts , including the International Court of Justice .

The European ruling, Mr. Gerrard said, was unlikely to affect court decisions in the United States, where states, cities and counties are suing fossil fuel companies over the damages caused by climate change and young people are filing lawsuits over what they say is a failure by the state and federal governments to protect them from the effects of global warming.

But, Mr. Gerrard said, “the idea that climate change impaired fundamental rights resonated throughout the cases.”

The court’s ruling on Tuesday covered three cases in which members of the public argued that their governments, by not doing enough to mitigate against climate change, were violating the European Convention on Human Rights. It rejected as inadmissible two of the cases, which were brought by the former mayor of a coastal town in France and a group of young people in Portugal.

With heat waves sweeping Switzerland in recent summers, the litigants, who worked on the lawsuit for nearly a decade with Greenpeace and a team of lawyers, pointed to research showing that older women are particularly vulnerable to heat-related illnesses .

Four of the women said they had heart and respiratory diseases that put them at risk of death on very hot days. Many others in the group, who live across Switzerland, said they struggled with fatigue, lightheadedness and other symptoms because of the extreme heat.

Under its climate commitments, Switzerland had vowed to reduce its greenhouse gas emissions 20 percent by 2020 compared with 1990 levels. But the ruling said that between 2013 and 2020, Switzerland had reduced its emissions levels only around 11 percent. In addition, it said, the country had failed to use tools that could quantify its efforts to limit emissions, such as a carbon budget.

By not acting “in good time and in an appropriate and consistent manner,” the ruling said, the Swiss government had failed to protect its citizens’ rights.

The court ordered Switzerland to put in place measures to address those shortcomings, and to pay the KlimaSeniorinnen 80,000 euros, about $87,000, to cover their costs and expenses.

The Swiss government had argued that human rights law does not apply to climate change, and that addressing it should be a political process. But Switzerland’s federal office of justice, which represents the country at the European court, said in a statement on Tuesday that the Swiss authorities would analyze the judgment and examine the measures the country needs to take.

The court said that given the complexity of the issues involved, the Swiss government was best placed to decide how to proceed. A committee of government representatives for the court’s member states will supervise Switzerland’s adoption of measures to address the ruling.

Rosmarie Wydler-Wälti, a co-president of the KlimaSeniorinnen, called the decision “a victory for all generations” in a statement on Tuesday.

A second case that the court considered focused on a complaint regarding Grande-Synthe, a French town on the coast of the English Channel that faces an increased flooding risk because of climate change. Damien Carême, who was the town’s mayor from 2001 to 2019, argued in the lawsuit that France had endangered Grande-Synthe by taking insufficient steps to prevent global warming.

The court ruled that his case was inadmissible, however, because Mr. Carême, who is now a member of the European Parliament, no longer lives in France and therefore no longer has a legally relevant link to the town.

The court also ruled inadmissible a lawsuit brought by six Portuguese young people against 33 Paris Climate Agreement signatory countries, including Portugal, for not complying with their commitments to reduce greenhouse emissions. The applicants argued that the current and future effects of climate change — including heat waves, wildfires and the smoke from those blazes — affected their lives, well-being and mental health.

The court ruled that the applicants had not exhausted all of the legal options in Portugal and that bringing a complaint against the other 32 countries would entail an “unlimited expansion” of the states’ jurisdiction.

David Gelles contributed reporting from New York.

Isabella Kwai is a Times reporter based in London, covering breaking news and other trends. More about Isabella Kwai

Emma Bubola is a Times reporter based in London, covering news across Europe and around the world. More about Emma Bubola

Learn More About Climate Change

Have questions about climate change? Our F.A.Q. will tackle your climate questions, big and small .

“Buying Time,” a new series from The New York Times, looks at the risky ways  humans are starting to manipulate nature  to fight climate change.

Big brands like Procter & Gamble and Nestlé say a new generation of recycling plants will help them meet environmental goals, but the technology is struggling to deliver .

The Italian energy giant Eni sees future profits from collecting carbon dioxide and pumping it  into natural gas fields that have been exhausted.

New satellite-based research reveals how land along the East Coast is slumping into the ocean, compounding the danger from global sea level rise . A major culprit: the overpumping of groundwater.

Did you know the ♻ symbol doesn’t mean something is actually recyclable ? Read on about how we got here, and what can be done.