Collective Commentary about the New Package Travel Directive

ARTICLE 28 | FRANCISCA RAMÓN FERNÁNDEZ AND CRISTINA LULL NOGUERA 563 Assistance to travellers: The package organiser must also provide assistance to travellers in difficulty, in particular, by providing information on health services and consular assistance”. I. ARTICLE 28 OF THE DIRECTIVE (EU) 2015/2302 The article 28, inserted in Chapter VIII, referring to “Final Provisions” of the Directive (EU) 2015/2302 9 establishes the following respect to the transposition: “1. Member States shall adopt and publish, by 1 January 2018, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures. 2. They shall apply those measures from 1 July 2018. 3. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 4. Member States shall communicate to the Commission the text of the main provisions of national lawwhich they adopt in the field covered by this Directive”. The Directive considers that: (4) “Directive 90/314/EEC gives broad discretion to the Member States as regards transposition. Therefore, significant divergences between the laws of the Member States remain. Legal fragmentation leads to higher costs for businesses and obstacles for those wishing to operate cross-border, thus limiting consumers’ choice”. (47) “Member States should lay down rules on penalties for infringements of national provisions transposing this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive”. (53) “In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts 9 Official Journal of the European Union L 326/1, of 11 december 2015. Available in: https://eur-lex.europa . eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2302&from=ES (Consulted 28 July 2019).