Collective Commentary about the New Package Travel Directive

898 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Businesses are still required to be licensed in respect of the travel-only ex-Ireland departures, in accordance with the requirements of the 1982 Act 63 . 7.2.1.2. Traders established in a Member State In line with the principle of mutual recognition expressed in Article 18 of the Directive, businesses established in another Member State, may rely on the insolvency protection arrangements which they have put in place in their state of establishment. A trader established in Member States must provide the CAR with evidence of the security arrangements which it has put in place in its state of establishment. The CAR will notify the trader when it has received sufficient information 64 . 7.2.1.3. Traders established outside of the European Union Businesses that are established outside of the European Union, carrying on business in Ireland can no longer apply for a CAR Licence and are required to have security arrangements in place in accordance with Section 22(1) for packages and Section 22(A)(7) 65 in respect of linked travel arrangements and must also notify the CAR before carrying on business in Ireland 66 . 7.2.2. Article 18(2) – Designated Central Contact Point Section 25(A)(1)(a) of the 1995 Act (as amended) transposes Article 18(2) of the Directive and provides that the CAR is to be the designated central contact point for the purposes of Article 18 of the Directive and the 1995 Act (as amended). Further, Section 25(A)(2) lists the tasks which shall be undertaken by the CAR, namely: “(a) make available to central contact points in other Member States all necessary information on the requirements in relation to insolvency protection applicable in the State; (b) make available to central contact points in other Member States the identity of the body or bodies providing insolvency protection for the purposes of this Act to organisers and traders facilitating linked travel arrangements established in the State; (c) publish (including online) an inventory listing organisers who comply with the insolvency protection requirements in section 22; 63 Ibid paragraph 14. 64 Ibid paragraph 15 and Sections 22(9) & (10) and Sections 22(A)(8) & (14) of the 1995 Act (as amended). 65 See further Section 7.1.5. of this Chapter. 66 Paragraphs 17 & 18 of CAR Note, see footnote 43.