Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1279 1.5.2. Added value of EU involvement • The proposal will eliminate internal market fragmentation causing obstacles to cross-border trader and distortions of competition, as well as enhance the protection of consumers, taking into account new market developments. • This objective cannot be sufficiently achieved by the Member States, given the disparities between national laws that are the reason for internal market barriers and distortions of competition. If the Member States addressed new market developments as well as regulatory gaps and inconsistencies in EU law in an uncoordinated manner, this would create even more fragmentation in the Internal Market and exacerbate the problem. 1.5.3. Lessons learned from similar experiences in the past • The adoption of the Package Travel Directive in 1990 made a significant contribution to the development of the Single Market, increasing competition and improving the overall quality of offers. The modernised Directive should bring the similar positive outcomes for consumers and businesses. • The Consumer Rights Directive has similar objectives as the current revision i.e. reducing obstacles to cross-border trade and ensuring a high level of consumer protection. However, as the Directive will be applied in all Member States only at the latest by 13 June 2014 the lessons learnt are limited. 1.5.4. Compatibility and possible synergy with other appropriate instruments • This proposal is consistent with the objective of attaining a high level of consumer protection as it contains mandatory rules of protection of the traveller which Member States or traders cannot derogate from to the detriment of the consumer. • The proposal is complementary to existing EU law, in particular the Unfair Contract Terms Directive (1993/13/EEC), the Unfair Commercial Practices Directive (2005/29/EC), the Consumer Rights Directive (2011/83/EU), the Regulations in the area of Passenger Rights (Regulations (EC) No. 2004/261, (EC) No. 1371/2007, (EC) No. 1177/2010 and (EC) No. 181/2011) as well as Directives 2000/31/EC on Electronic Commerce and 2006/123/EC on Services in the internal market. • Furthermore, the proposal is also complementary to Regulation (EC) No 593/2008 (Rome I) on the law applicable to contractual obligations, and to Regulation 44/2001 (Brussels I) on the law on jurisdiction and the recognition