Tag Archives: Code of Conduct

Computerised reservation systems

Outline of the Community (European Union) legislation about Computerised reservation systems

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Computerised reservation systems

Document or Iniciative

Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89.

Summary

This Regulation aims to establish a harmonised code of conduct regarding the use of computerised reservation systems in order to ensure fair competition and to protect consumers’ rights.

Scope

This Regulation shall apply to:?

any computerised reservation system (CRS) * used or offered for use in the Community for air transport services;
rail-transport products * used or offered for use in the Community and which are incorporated alongside air-transport products into the principal display of a CRS.

RULES OF CONDUCT FOR SYSTEM VENDORS

Relationship with transport providers

A system vendor * may not:

impose unfair or discriminatory conditions in contracts concluded with participating carriers or their subscribers;
prevent a participating carrier from using other reservation systems.

Distribution facilities

All system vendors shall apply the same treatment to all participating carriers with regard to distributing their transport products and shall inform them of changes to their distribution facilities or loading procedures. Furthermore, a system vendor shall ensure that its distribution facilities * are clearly separated from the management and marketing facilities of participating carriers.

Displays

The presentation of data related to the transport products offered shall not mislead the consumer.

Flights operated by air carriers banned from operating in the Community shall be displayed in a clear and distinctive manner. The system vendor shall enable users to clearly identify the operating air carrier.

System vendors from third countries have an obligation to treat Community carriers in a manner that is equivalent to their treatment of national carriers. The Commission shall ensure that in third countries, Community air carriers are not treated in a discriminatory manner by system vendors. Should this be the case, the Commission may require system vendors operating in the Community to treat air carriers from third countries in a similar manner.

RULES OF CONDUCT FOR TRANSPORT PROVIDERS

Participating carriers shall submit accurate data to a CRS in such as way as to enable it to comply with the rules on displaying data.

A parent carrier, subject to reciprocity, shall not discriminate against a competing CRS by refusing, for example, to provide the latter with the same information on its own transport products that it provides to its own CRS.

A parent carrier shall not directly or indirectly favour its own CRS by obliging a subscriber to use a particular CRS to sell its transport products.

PROTECTION OF PERSONAL DATA

All system vendors shall be responsible for processing personal data. Personal data shall only be processed for the purpose of making reservations or issuing tickets for transport products.

AUDIT

System vendors shall submit an independently audited report every four years or upon request from the Commission.

INFRINGEMENTS AND PENALTIES

Where the Commission finds that there is an infringement of this Regulation, it may require the undertakings or associations of undertakings concerned to bring such an infringement to an end and impose on the latter fines not exceeding 10 % of the total turnover. The Commission shall first issue to the undertakings or associations of undertakings concerned a statement of objections.

This Regulation repeals Regulation (EEC)n° 2299/89.

Key terms of the Act
Transport product: the carriage of a passenger between two airports or rail stations; Computerised reservation system or ‘CRS’: a computerised system containing information about, inter alia, schedules, availability and fares, of more than one air carrier, with or without facilities to make reservations or issue tickets, to the extent that some or all of these services are made available to subscribers; System vendor: any entity and its affiliates which is or are responsible for the operation or marketing of a CRS; Distribution facilities: facilities provided by a system vendor for the provision of information about air carriers’ and rail-transport operators’ schedules, availability, fares and related services and for making reservations and/or issuing tickets, and for any other related services.

Key terms of the Act

Transport product: the carriage of a passenger between two airports or rail stations;
Computerised reservation system or ‘CRS’: a computerised system containing information about, inter alia, schedules, availability and fares, of more than one air carrier, with or without facilities to make reservations or issue tickets, to the extent that some or all of these services are made available to subscribers;
System vendor: any entity and its affiliates which is or are responsible for the operation or marketing of a CRS;
Distribution facilities: facilities provided by a system vendor for the provision of information about air carriers’ and rail-transport operators’ schedules, availability, fares and related services and for making reservations and/or issuing tickets, and for any other related services.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 80/2009	29.3.2009	–	OJ L 35 of 4.2.2009

Protection of the dignity of women and men at work

Outline of the Community (European Union) legislation about Protection of the dignity of women and men at work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Protection of the dignity of women and men at work

Document or Iniciative

Commission Recommendation 92/131/EEC of 27 November 1991 on the protection of the dignity of women and men at work [Official Journal L 49 of 24.02.1992].

Summary

In this document, the Member States are recommended to take action to promote awareness that conduct of a sexual nature, or other conduct based on sex and affecting dignity, is unacceptable.

Sexual harassment is defined as:

conduct which is unwanted, unreasonable and offensive to the recipient;
any conduct which is used explicitly or implicitly as a basis for a decision which affects that person’s access to vocational training, access to employment, continued employment or salary;
any conduct which creates an intimidating, hostile or humiliating work environment for the recipient.

Such conduct may, in certain circumstances, be contrary to the principle of equal treatment within the meaning of Articles 3, 4 and 5 of Council Directive 76/207/EEC on equal treatment.

Member States are also asked to take action in the public sector to implement the Commission’s code of conduct, with such action serving as an example to the private sector. Member States should also encourage employers and employee representatives to develop measures to implement the code of conduct.

The Commission is to draw up a report based on the information forwarded by the Member States concerning the measures taken – information that should be communicated within three years of the date on which the recommendation is adopted. During this period, the Commission shall ensure the widest possible circulation of the code of practice. The report shall examine the level of information on the Code, its perceived effectiveness, its degree of application and the extent of its use in collective bargaining between the social partners.

Related Acts

of 24 July 1996 concerning the consultation of management and labour on the prevention of sexual harassment at work. (link to c10917c)

In 1996, the Commission adopted a communication which launched the first stage of consultation with the social partners on the prevention of sexual harassment at work. At the same time, it presented the evaluation report concerning the 1991 Recommendation on the protection of the dignity of men and women at work, which was compiled on the basis of information transmitted by the Member States. The consultation of the social partners revealed a difference of opinions as to the measures to be taken to combat sexual harassment: the employers’ organisations wanted to keep using national initiatives, whilst the trade union organisations asked for the adoption of a binding Community instrument. The Commission, noting the lack of success of repressive national rules, advocated the implementation of a comprehensive prevention policy comprising rules and procedures that are adapted to the context of the workplace. A second stage of consultation was launched with the Commission communication of 19 March 1997. With the social partners having turned down the invitation to comment on the components of a comprehensive policy and negotiate a collective agreement at European level, the Commission could, as it suggested in its communication of 1997, seek other means of preventing sexual harassment, including the adoption of a binding legal instrument.

Council Declaration of 19 December 1991 on the implementation of the Commission recommendation on the protection of the dignity of women and men at work, including the code of practice to combat sexual harassment [Official Journal C 27 of 04.02.1992]

The Council, which fully endorses the Commission’s opinion, asks:

the Member States to intensify their efforts to promote the integration of women in the workplace;
the Commission to promote the exchange of information and good practice between the Member States;
the Commission to submit to the European Parliament, the Council and the Economic and Social Committee the report provided for in Article 4 of the Commission’s recommendation, not more than three years after the adoption of this declaration.

Council Resolution of 29 May 1990 on the protection of the dignity of women and men at work [Official Journal C157 of 27.06.1990]

of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions [Official Journal L 39 of 14.02.1976] amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 [Official Journal L269 of 05.10.2002]. (link to c10906)

European Transparency Initiative

Outline of the Community (European Union) legislation about European Transparency Initiative

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The decision-making process and the work of the institutions

European Transparency Initiative (ETI)

Document or Iniciative

Communication from the Commission of 21 March 2007 – Follow-up to the Green Paper ‘European Transparency Initiative’ [COM(2007) 127 final – Not published in the Official Journal].

Summary

This Communication follows up on the Green Paper of 3 May 2006 on the “European Transparency Initiative” (ETI). It responds to the arguments put forth by participants in the consultation (results in the Commission staff working document SEC(2007) 360) and provides measures the Commission intends to take.

Interest representation * (lobbying)

The respondents to the consultation were critical of the negative connotation of the term “lobbying”. The Commission however stresses that the definition does not include any negative value judgement and that lobbying activities are imperative from a democratic point of view. Nevertheless, the register proposed in the Green Paper will be entitled “Register of Interest Representatives”.

The establishment of this Register as a voluntary one received much support. Yet many felt that only a compulsory register would guarantee full transparency. Regardless, the Commission will pursue a voluntary and incentive-based approach in order to cover more comprehensively the European interest representatives. To strengthen the incentive to register, the Commission will combine the Register with a standard template for Internet consultations. Those participating in a consultation will be systematically invited to register. They will have to provide information on the interests they represent, their mission, and how they are funded.

The Green Paper indicated that registered interest representatives* (lobbyists) will need to subscribe to a Code of Conduct. However, the consultation did not address the development or monitoring of such a code in detail. It considered that the responsibility of developing such a code would fall to the interest representatives. But respondents concluded that this would be difficult to carry out in practice. Hence, the Commission will instead review and update the minimum requirements adopted in 1992.

The inter-institutional approach, by which at least the Commission and the European Parliament would have a shared Register and Code of Conduct, received much support from the respondents. The Commission is also in favour of this option, believing it to provide yet another incentive to register. Consequently, it calls on the other institutions to consider this possibility more thoroughly.

Discussions on the Code of Conduct will begin before summer 2007. The Register for Interest Representatives will be launched in spring 2008. The Commission will review the functioning of this Register in spring 2009.

Consultation standards

The Commission’s consultation standards received rather positive feedback from the respondents. Nevertheless, certain weaknesses were indicated, such as the provision of feedback on the impact of and the observance of the eight-week time limit for the consultations, as well as the balancing of targeted consultations between the relevant stakeholders. To improve the quality of the consultations, the Commission plans to reinforce the application of the consultation standards with a coordinated approach, assuring that a plurality of views are expressed, and by providing better feedback.

Publication of beneficiaries of EU funds

Following the publication of the Green Paper, the Commission initiated discussions on the publication of information relating to the beneficiaries of EU funds with the Member States, the European Parliament and a wide range of stakeholders. These discussions led to a consensus regarding the publishing of relevant data. Consequently, this has been included into the Financial Regulation.

Apart from the legislative changes, certain practical steps must also be taken. The respondents to the consultation indicated their desire for a searchable and centralised database containing information regarding the beneficiaries of the funds that would be managed by the Commission. However, data collection and publishing remains the responsibility of the implementing bodies in Member States. In order to start publishing relevant data as of 2008, the following steps will be taken in collaboration with the European Data Protection Supervisor:

publishing of data in its current form, by the Member States through the provision of access to data for the public via, for example, national websites, and by the Commission through the establishment of a central website providing links to national websites and the website on EU funds;
assuring that data is comparable and searchable, by the Commission through the provision of a common standard for publishing data (to be proposed in autumn 2007).

Key terms used in the act
Interest representation (lobbying): all activities carried out with the objective of influencing the policy formulation and decision-making processes of the European institutions. Interest representatives (lobbyists): persons carrying out lobbying and who work in organisations such as public affairs consultancies, law firms, NGOs, think-tanks or trade associations.

Related Acts

on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation [OJ L 191, 22.7.2011].

Commission Communication of 27 May 2008 – European Transparency Initiative – A framework for relations with interest representatives (Register and Code of Conduct) [COM(2008) 323 final – Not published in the Official Journal].