Collective Commentary about the New Package Travel Directive

ESTONIA | IRENE KULL 761 alteration and transfer of package contract (3.5.), termination of the travel package contract (3.6.), liability for the performance and remedies (3.7.) and insolvency protection (3.8.). The main aim is to describe techniques used in transposition, explain choices made by the Estonian legislature when discretion is granted and analyse some problems connected with the “translation” of the Directive into the Estonian legal system. 2. THE COURSE OF THE LEGISLATIVE PROCESS RELATED TO THE IMPLEMENTATION OF DIRECTIVE (EU) 2015/2302 IN ESTONIAN LAW Implementation of the Directive (EU) 2015/2302 into the Estonian legislation began in 2016 with the submission of draft legislation amending the Tourism Act and the Law of Obligations Act by the Ministry of Economic Affairs and Communications. The development of the legislation was joined by the Ministry of Justice and the following organisations were consulted in the course of drafting process: Consumer Protection and Technical Regulatory Authority, Estonian Association of Travel Agents, Ministry of Finance, Estonian Chamber of Commerce and Industry, Estonian Banking Association, Estonian Insurance Bureau, Tallinn City Enterprise Department, School of Law of the University of Tartu, Estonian Association of Jurists, Estonian Bar Association, Supreme Court of Estonia, and non-profit organisations such as the Consumer Advice and Information Centre, Association of Travel Agencies. Explanatory memorandum 10 to the Draft Act transposing Directive (EU) 2015/2302 states the reasons of passing the Act, the main assumptions of the draft and the amendments arising therefrom, and gives an overview of the impact that is brought about by the entry into force of the Act. Impact assessment of the transposition is based on the research ordered by Enterprise Estonia 11 from Ernst 10 Explanatory memorandum shall be annexed to the draft act under § 92(3) of the Riigikogu Rules of Procedure and Internal Rules Act. Passed 11.02.2003, in force 17.03.2003. Available in English: https://www. riigiteataja.ee/en/eli/521032019014/consolide (2.08.2019). The content of the explanatory memorandum is provided for in the Rules for Good Legislative Practice and Legislative Drafting, passed 22.12.2011, No. 180. Available in English at: https://www.riigiteataja.ee/en/eli/508012015003/consolide (2.08.2019). 11 Enterprise Estonia (EAS), established in 2000 is one of the largest institutions within the national support system for entrepreneurship by providing financial assistance, counselling, cooperation opportunities and training for entrepreneurs, research institutions, the public and non-profit sectors, promoting business and regional policy in Estonia. See more: https://www.eas.ee/eas/?lang=en (2.08.2019).