Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 59 Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code). Nor can we forget the impact of Directive 2006/123 / EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (MISW) in the Spanish legislation. The objective pursued by the Directive is to remove obstacles to the freedom of establishment of those who provide services in the Member States and to the free movement of services between Member States and, to ensure to the targeted individuals as well as to the providers of the services, the legal certainty necessary for the effective exercise of these two fundamental freedoms of the Treaty. In connection with the freedom of establishment of service providers, the Directive states the removal of any authorization procedure affecting access to or exercise of a service activity, if such a procedure does not meet the requirements of necessity, proportionality and non-discriminatory nature (MELGOSA, 2011). The effects of this policy have been felt in all tourism Laws for the most part of the regulations. Without a doubt, we are facing the most profound policy change since the autonomous communities assumed responsibility in the area of tourism. The MISW means, among other things, the elimination of the system of prior administrative authorization for business and tourist which constitutes an obstacle to freedom of establishment and services delivery, and this is replaced by a regime of responsible statements or prior communications that enable to carry out those activities from the time of submission. Tourist intermediation services have been Particularly affected by the MISW. Simplifying procedures for establishing a travel agency, some requirements are eliminated (exclusive corporate purpose, obligation of a particular legal form and the payment of a minimum share capital, references to profiles of people and minimum number of employees are eliminated, etc.) and the establishment of travel agencies from other regions and from other Member States is facilitated. Council Directive 90/314/EEC (3) lays down a number of important consumer rights in relation to package travel, in particular with regard to information requirements, the liability of traders in relation to the performance of a package and protection against the insolvency of an organiser or a retailer. However, it is necessary to adapt the legislative framework to market developments, in order to make it more suitable for the internal market, to remove ambiguities and to close legislative gaps. In the spirit of adaptation to