Collective Commentary about the New Package Travel Directive

492 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE This recital includes the provisions placed in articles 24 and 25, which are connected and must be interpreted together. Enforcement also includes provisions to create institutional ways to deliver protection of fundamental legal issues addressed by the Directive, for instance: the protection of travellers in the event of insolvencies 3 . This article is not to be transposed in any specific provision of national laws but must shape the content of all transpositions. 2. PROVISION OF THE FORMER DIRECTIVE The former Directive 4 stated in article 9 that: “1. Member States shall bring into force the measures necessary to comply with this Directive before 31 December 1992.They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof ”. The wording of the new article, in its operative content, does not differ very much from that cited above, the norm stated in article 9 of Council Directive 90/314/EEC corresponding to the article 28 of Directive (EU) 2015/2302 5 . The European legislator opted for splitting the enforcement clause from the general compliance clause, thus giving specific attention and strengthening the fulfilment of the Directive concerning penalties and the administrative mechanisms deployed by the Member States to impose sanctions for infractions of the provisions of the Directive. The Proposal for a Directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) 3 Mainly, insurances, funds and guarantees. 4 See Council Directive 90/314/EEC of June 13, 1990. 5 EU Directive 2015/2302. article 28 “1. Member States shall adopt and publish, by 1 January 2018, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures. 2. They shall apply those measures from 1 July 2018. 3. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 4. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive” .