COUNCIL DECISION of 13 July 1992 on a Community action plan to assist tourism (92/421/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof
Having regard to the proposal from the Commission(1) ,
Having regard to the opinion of the European Parliament(2) ,
Having regard to the opinion of the Economic and Social Committee(3) ,
Whereas tourism occupies an important place in the economy of the Member States, with tourist activities representing a large potential source of employment;
Whereas tourism allows people of all kinds to gain a better knowledge of Europe's cultural roots and of the cultures and ways of life in the Member States, thus making a contribution to the progress of the idea of 'European citizenship';
Whereas the results of the European Year of Tourism should be taken into account;
Whereas, in view of the above, Community action regarding tourism should take the form of a strengthening of the horizontal approach to tourism in Community and national policies, and of the implementation of specific measures, and whereas that apporach should also include coordination of the measures undertaken by Commission departments which affect tourism; whereas certain Community policies, in particular transport policy, have a major impact on tourism in the various regions of the Community;
Whereas the Community can contribute to improving the quality and competitiveness of the Community's tourism services on offer, by encouraging a joint apporach to the medium-term problems facing European tourism, by promoting the development of the tourist industry and the diversification of tourist activity and the development of transnational measures, and by developing the promotion of European tourism on the main markets of third countries;
Whereas tourism can make an effective contribution to achieving economic and social cohesion in the Community and whereas it can promote in the Community a harmonious development of economic activity, continuous and balanced expansion, a higher standard of living and closer relations between the States which it links;
Whereas the measures to be implemented under the action plan must comply with certain criteria in particular the need to comply with the subsidiarity principle;
Whereas tourism in the Community will have to show consideration for local populations and for the natural and cultural environment in order to improve the quality of services offered;
Whereas free competition should be preserved in the sector, both for the benefit of consumers and in order to promote small and medium-sized enterprises (SMEs);
Whereas it is necessary to encourage not only better integration of tourism into the various Community policies but also close cooperation between all public and private bodies in the sector, including representatives of tourist regions, and whereas the implementation at Community level of a number of specific measures, complementary to those taken at national level, is the best way of achieving such cooperation, while avoiding any distortion of competition which may be caused;
Whereas statistics on tourism should be developed and forward analysis of new types of tourism carried out;
Whereas a plan of three years' duration is called for;
Whereas an amount of ECU 18 million is deemed necessary to implement this plan;
Whereas the amounts to be committed for the financing of the plan will have to come within the Community financial framework in force;
Whereas procedures should be laid down for the exercise of the powers for implementing this plan conferred on the Commission pursuant to Decision 87/373/EEC(4) ;
Whereas the Treaty does not provide for any powers for the adoption of this Decision other than those mentioned in Article 235,
HAS DECIDED AS FOLLOWS:
Article 1
A Community action plan to assist tourism shall be drawn up. The measures forming the subject of this plan are contained in the Annex.
Article 2
1. The duration of the action plan shall be three years from 1 January 1993.
2. The Community financial resources deemed necessary for its implementation amount to ECU 18 million and shall fall within the Community financial framework in force.
3. The budget authority shall determine the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
Article 3
1. The Commission shall put the action plan into operation. In order to fulfil the objectives of the plan, it may undertake measures other than those set out in the Annex, where, exceptionally, additional action is required in order to carry out one of the measures in full. Such additional action shall be assessed in relation both to existing priorities and to available financial resources. The Commission shall coordinate the action with the various Community policies, and through the various Directorates-General concerned, in accordance with current procedures.
The Commission shall refer to the committee referred to in paragraph 2 and the Council those initiatives adopted in the framework of Community policies which have a major effect on tourism.
2. The Commission shall be assisted in implementing the action plan by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission shall defer application of the measures which it has decided for a period of two months from the date of communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.
Article 4
1. The measures must be consistent with the principle of subsidiarity.
2. A selection shall be made, for the different measures proposed, by reference to the following criteria:
(a) the measures must be cost-effective and make a significant impact on the Community tourist industry;
(b) they must facilitate the development of the tourist industry with particular reference to small and medium-sized businesses;
(c) they must help improve the quality of Community tourist services;
(d) they must encourage competition within the Community and increase the competitiveness of Community tourist services on the world market;
(e) they must be conducive to preserving and protection the quality of the natural environment, the cultural heritage and the integrity of local populations;
(f) they must be conducive to improving the provision of information and services and to the protection ot tourists.
3. The measures shall be implemented through coordination with the national authorities and, if necessary, with the regional or local authorities as well, so as to take account of the importance of tourism for regional development.
Article 5
Every year from the date of adoption of the action plan, the Commission, in a report to the European Parliament and the Council, shall evaluate the Community's activities which affect tourism.
Article 6
The Commission shall regularly evaluate the results of the action plan. This evaluation will include wherever possible measurable outputs of the plan and be in accordance with the criteria in Article 4. The committee will be informed by the Commission of the latter's evaluation of the plan, and of the results thereof. No later than 30 June 1995, the Commission will submit a report on this evaluation to the European Parliament and the Council. On the basis of that report, the Council shall decide, in accordance with the provisions of the Treaty, whether or not to extend the plan for a further period.
Done at Brussels, 13 July 1992.