Collective Commentary about the New Package Travel Directive
424 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Obviously, the security contracted by the organiser in the State where it has its registered office will be accepted in any of the Member States. In any case, the European legislator reinforces this requirement by requesting the organiser to include the information of the company with whom it has contracted the security in cases of insolvency among the information that the organiser has to provide to the traveller. Chapter VI of the Services Directive considers how this cooperation and the exchange of information between the relevant authorities of every Member State must take place. In particular, article 18 considers the need for the response to the information request to be provided as quickly as possible, taking into account the urgency and complexity of the matter. In any event, a first response shall be issued at the latest within 15 working days after receiving the request. The requests must clearly specify the kind of information required and the reasoning for such a requirement to be made. As detailed before, the reply of the State being contacted must be made quickly and using electronic means. More specifically, the Directive on travel packages and linked travel arrangements indicates that the maximum period to issue a response will be of fifteen working days after receiving the request (art. 18.4). Following a European Commission Decision, the practical measures for the exchange of information between Member States by electronic means were set 9 . Currently, the Internal Market Information system (IMI )10 is an electronic platform that supports the information exchange between the administration of the Member States and the European Commission. Being an online instrument, its use is compatible with all European Union official languages, which facilitates the information exchange in the fieldof cross-border administrative cooperation 11 . The legal fields in which the IMI is implemented do not include the Directive on travel packages and linked travel arrangements. However, there is no obstacle 9 Commission Decision of 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (Document C (2009) 7493) (Text with EEA relevance) (2009/739/EC). 10 The IMI is regulated by Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (“the IMI Regulation”). This information system is based on the IDABC programme created by Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC), OJEU L 181, 18.5.2004. 11 On this topic, see, GALERA RODRIGO, S. y HERNÁNDEZ BATALLER, B., (2012), “Cooperación administrativa en el Mercado único: el sistema IMI”, Noticias de la Unión Europea , no. 325, pp. 37-47. GONZÁLEZ BUSTOS, M.ª. Á., (2011), “La efectividad del sistema de información del mercado interior en la cooperación entre los Estados miembros”, Revista General de Derecho Europeo , no. 24.
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