Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1247 3.4. Proportionality principle The proposal complies with the principle of proportionality as set out in Article 5 TEU. Like Directive 90/314/EEC, it does not cover all aspects of travel law, but only certain aspects of packages and other combinations of travel services, where coordinated action by the Union is deemed necessary. For instance, it does not interfere with general national contract law and authorisation and licensing regimes. According to the IA, non-binding measures such as recommendations, guidelines or self-regulation cannot achieve the abovementioned objectives. A directive ensures a coherent set of rights and obligations, whilst allowing Member States to integrate these rules into their national contract law. Furthermore, it will enable the Member States to implement the most appropriate means of enforcement and the necessary sanctions for breaches of its rules. In certain areas the proposal gives Member States the possibility to impose stricter rules. 3.5. Impact on Fundamental Rights In accordance with the Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union 12 , the Commission has ensured that the proposal complies with the rights set out in the Charter and further promotes their application. In particular, the proposal respects the freedom to conduct a business laid down in Article 16 of the Charter, while ensuring a high level of consumer protection, in accordance with Article 38 of the Charter. 3.6. Review clause The proposal obliges the Commission to present a report on the application of the Directive at the latest five years after its entry into force and to submit it to the European Parliament and the Council, where necessary accompanied by legislative proposals. 3.7. European Economic Area The proposed Directive concerns an EEA matter and should therefore extend to the European Economic Area. 3.8. Explanatory documents In view of the complexity of the proposal and the different ways in which the Member States have transposed Directive 90/314/EEC, the Commission considers the transmission of documents explaining the relationship between the components of this Directive and the corresponding parts of national transposition instruments to be justified. 12 Communication from the Commission, COM(2010) 573 of 19.10.2010.