686 COMPETITION LAW IN TOURISM On matters with high levels of interconnection between the Member States, such as tourism, it is fundamental that internal regulations should follow EU regulation. Sharing tourism is undoubtedly one that needs integrated treatment by EU institutions. The Report on New Challenges and Concepts for the Promotion of Tourism in Europe, from 22 September 201518, highlights basic issues in the sharing tourism sector and its importance to the EU and recognises that national and EU provisions are not suitable for the sharing economy and that national governments have taken some unproportioned and isolated measures within the Union. It states that it is necessary to properly classify the existing activities and types of providers in order to differentiate whether the activity has a commercial purpose or not and apply the appropriate provisions to each relationship. The Report also notes that any public action must be proportional and flexible in order to have legislation which grants equal opportunities to all operators in the EU. Finally, regarding consumer protection, the legislation on safety and health applicable to traditional touristic activities should apply to touristic services marketed as sharing economy. As a major question on the tourism sharing economy, this Report highlights the establishment of access and exercise requirements which enables: a) Consumers rights protection; b) Liability; and c) Protection of free and fair competition. 3. ARE THERE COMPETITION ISSUES IN SHARING ACCOMMODATION? Competition is a significant theme regarding the sharing economy. All the important issues above-mentioned – access requirements to these activities, consumer protection, liabilities – have significant consequences regarding competition. The creation and implementation of legal provisions about these themes can allow distorted or undistorted competition in that market. 18 Report on New Challenges and Concepts for the Promotion of Tourism in Europe (2014/2241(INI)), http://www.europarl.europa.eu/doceo/document/A-8-2015-0258_EN.html.
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