Collective Commentary about the New Package Travel Directive

1184 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE responsible for managing tourism becoming the central contact point in Spain. In the same vein, mutual recognition of insolvency protection and administrative cooperation at the national level is regulated. Given the distribution of competences in Spain, the LVC provides for mutual recognition of insolvency protection and administrative cooperation, noting that for the purposes of proving compliance with the requirements of this legal regime regarding protection against insolvency, the competent autonomous authorities shall accept any protection provided by an organiser and, where appropriate, by a retailer, where relevant and in accordance with the measures adopted by the rules of the Member State of their establishment. The regional authorities responsible for this matter shall also accept any protection provided by an organiser and, where appropriate, by a retailer, where relevant and in accordance with the measures adopted in conformity with the regulations of the Autonomous Community of its establishment. In turn, the Ministry responsible for tourism acts as a central contact point to facilitate European and national administrative cooperation. And for that reason: • the competent regional authorities shall carry out the checks on the organisers and, where appropriate, retailers operating in their respective Autonomous Communities and report their data through the central contact point to the other Member States and the Commission. • The Ministry responsible for tourism shall provide the central contact points of the other Member States with all necessary information on the requirements of the national insolvency protection regime, as well as the identity of the guarantor entity or entities offering such protection to a given organiser or retailer established in Spanish territory. The Autonomous Communities shall provide the Ministry responsible for tourism, as the central contact point, with all necessary information on the requirements of the insolvency protection regime, as well as the identity of the guarantor entity or entities offering such protection to a given organiser or retailer established in its territory. In any event, they shall send a first reply within 15 working days of receipt of the request from the central contact point. • The central contact points of the other Member States shall have free access to the list of organisers and retailers fulfilling their obligations of insolvency protection and managed by the Ministry responsible for matters of tourism. This list will be publicly accessible, including online.

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