Collective Commentary about the New Package Travel Directive

426 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE will also benefit, as this will reduce the efforts in coordination. Businesses will also benefit from these rules, as they will enjoy greater legal certainty and will be able to avoid the undesirable effects of the implementation of different internal regulations. The Regulation provides that every Member States must appoint a relevant authority and a single liaison office for the enforcement of the regulation on consumer protection (arts. 5 ff.) 18 . These relevant authorities will have to coordinate among themselves and cooperate with those authorities responsible for the compliance with the functions of the central contact points, as established by the Directive on travel packages and linked travel arrangements. 3.3. The obligation of an administrative cooperation with regards to the insolvency of the travel packages organiser under Spanish regulation The obligation imposed in the Directive has been transposed in the Spanish regulation by means of a reform on the Royal Legislative-Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Protection of Consumers and Users 19 . Article 166 of this regulation, under the title “mutual recognition of the protection against insolvency and administrative cooperation” includes the provisions imposed by the Directive on these topics. This provision considers that the authorities of the Autonomous Communities are responsible for the acceptance of any protection measure offered by an organiser or by a retailer, in compliance with the measures adopted by the regulation of the Member State where they are established. With the aim to facilitate the administrative cooperation both at a European and a national level, the Industry, Commerce and Tourism is appointed as the central contact point. Nevertheless, the control of the organisers and, whenever relevant, of the retailers is to be fulfilled by the Autonomous Communities. This responsibility is thus assumed by the region where the organiser or the retailer performs its activity. The Spanish legislator does not mention who is the competent party in cases where the same operator performs its activity in more 18 On the content of this Regulation, see GONZÁLEZ VAQUÉ, L., (2018), “Modificación del régimen de la cooperación en materia de protección de los consumidores: el Reglamento (UE) 2017/2394 de 12 de diciembre de 2017”, La Ley Unión Europea , no. 57. 19 The transposition of the Directive on travel packages and linked travel arrangements was performed by means of the Royal Decree-Act 23/2018, of 21 December, on the transposition of Directives on trademarks, railway transport and travel packages, BOE no. 312, 27 December.