Collective Commentary about the New Package Travel Directive

UNITED KINGDOM | SARAH PRAGER 1211 Additionally, the UK government rejected the proposal that it should keep a UK register listing the insolvency arrangements of package organisers, on the basis that this would require funding both by the government and by businesses, and that it would be inconsistent with its “light touch implementation approach” for the new Directive as a whole. The Tourism Alliance, representing the interests of the domestic tourism industry, had lobbied for the government to include a clause in the domestic Regulations allowing for the regulatory burden on traders to be reduced post- -Brexit. The government felt unable to do so, no doubt for good reason, but promised to keep the issue under review, and in particular to take stock after six and twelve months’ of the Regulations’ operation. In summary, then, and in line with its proposals at the beginning of the consultation, the UK government’s position in relation to the new Directive was that it would do the bare minimum to ensure that it complied with its obligations to the EU and to consumers; and where it had the option, it would legislate in furtherance of the interests of traders rather than consumers. THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018 (STATUTORY INSTRUMENT 634/1028) The resulting domestic legislation is effective in implementing the newDirective. As the UK government had foreshadowed in consultation, it mirrors the language of the Directive, but, where the new Directive offered implementational options, the domestic legislation opts for minimal harmonisation, most particularly in the ways outlined above. CONCLUSION Notwithstanding the distractions and uncertainties which have arisen in the crucial years between 2015 and 2018, the UK has now implemented the new Directive into its domestic legislation. In doing so, however, in the opinion of some commentators, including the author, an opportunity has been missed. Very little consideration has been given to the philosophical question of how the balance should be struck between traders and travellers; whether retailers should be subject to the obligations of organisers, or any of them; and whether travellers