Tourism Law in Europe

162 TOURISM LAW IN EUROPE tourism in order to avoid any intervention by potential competitors in the decision-making process and to ensure that the text is compatible with the European “services” directive. According to Article L. 141-3 of the French Tourism Code, the commission must be “composed of members appointed on the basis of their competence and independence by order of the minister responsible for tourism. It may not include economic operators whose activity is subject to registration in these registers”. This commission is responsible for examining applications and registering them in two registers specific to each profession. Its composition excludes tourism professionals from its membership in order not to reproduce the process existing in the former departmental commissions for tourism action (CDAT). Thus, since 1 January 2010, the new registration system for tourism professions has replaced the former travel agent’s licence. It is a declarative system with the granting of a registration. c) Classification of market tourist accommodation The Law of 22 July 2009 on the development and modernisation of tourist services entrusted Atout France with the design and updating of classification tables for the various commercial tourist accommodations as well as the promotion of the classification. Composition and mission of the commission: This internal consultative commission of Atout France is composed of professionals from the tourism sector, accommodation providers, consumers and qualified personalities, appointed by virtue of the Order of 17 March 2010. Its mission is to adopt the new classification standards for commercial tourist accommodation and will be called upon to give its opinion on their evolution: the classification standards must be revised every five years. The commission is, therefore, composed of 11 members. The Minister for Tourism or his representative attends the commission in an advisory capacity. The Director General of the Agency or his representative attends its meetings by right. When the commission examines a draft classification table or when it is seized of a general question concerning a type of commercial tourist accommodation, it may hear other representatives of the commercial tourist accommodation concerned on its own initiative. The committee shall elect a chairman from among its members, who shall attend meetings of the agency’s board of directors in an advisory capacity on matters on the agenda relating to commercial tourist accommodation. The rules of procedure of the committee shall be laid down.

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