Collective Commentary about the New Package Travel Directive

SPAIN | GEA GÓMEZ-PABLOS PINTO 1195 Concerning the first observation of the CNMC, no significant adaptation was made in the Royal Decree-Law. In the approved version, the providers of linked travel arrangements are still not included in the responsibility, at least in an explicit way. Indeed, the law has a basic character, that is to say, the regional legislation from the autonomous communities is the one that can better respond to the recommendations of the CNMC on the setting of objective criteria on the amount of the guarantee. The CNMC is aware of an agreement between the autonomous regions tourism departments and the State Secretariat for Tourism of the central Government, where the amounts of that guarantee are set. For this reason, the agreement should be published, as more transparency means greater protection for travellers. This common quantification of the guarantee, contained in the agreement, is gradually being incorporated into the autonomic regulations. Regarding the setting of that guarantee by the Autonomous Community of Aragón after this agreement, the CNMC made a report, with some recommendations. In that case, a specific modification of the regulation of travel agencies was carried out exclusively concerning the guarantees for insolvency cases of package travel organisers and retailers, which was also a requirement of the European Union. The CNMC analysed the guarantees in accordance with the principles of necessity and proportionality. The report is public and the decree of Aragon in the subject already entered into force. The second recommendation has not been taken into account. However, the CNMC does not assess negatively that the 25% threshold has been maintained in order to consider an additional service different from the package travel as significant, since there is a provision in the Directive itself. Nevertheless a deeper justification would have been advisable, since the Directive seemed to set a minimum, below which the Member State still had room to regulate. Finally, regarding insolvency, the title of article 164 has been modified. It is now called “ Effectiveness and scope of the guarantee against insolvency ”. Also there is a new article, article 165, relating to the “ Guarantee of contractual liability ”, The guarantee of contractual liability seems to clear up doubts about the scope of insolvency. Thus, it has been made clearer, although there is no precise mention to insolvency, that there are two different ways of responding by the travel provider: one through the contractual option and another through the insolvency option. The CNMC considers that the regulation has been improved and its recommendation has been taken into account, at least partially.