Sustainable Tourism Law

558 SUSTAINABLE TOURISM LAW on the economy. As this is a general and imperative rule, it is difficult to understand why the regulation makes an express reference to it in the case of travel packages, especially if we consider that the act was in force since 2013. The reason may be the importance and economic relevance of tourism in Spain. Finally, the act reiterates the requirement to keep the protection during the whole period of economic activity of the travel agency. This is nothing new in the regulation. If the guarantee is activated, travel agencies will have to take care of it within 15 days, up to its initial amount. In the legal framework of the national regulation content in article 163 of the consolidated text, and taking into account the distribution of powers stated by the Spanish Constitution among the State and the Autonomous Communities, it is up to them to regulate the ways these guarantees must be provided, so as to solve the above mentioned questions, in particular regarding its amount, execution, etc. Even though this article has already been in force for some time, there are few Autonomous Communities that have faced the requested reforms and that have adapted their norms to these postulates. Currently, only the Autonomous Communities of Catalonia and La Rioja have adapted their regulations to the content of the Travel Packages Directive in force. Some other Communities are already in an advanced stage of the elaboration of their rules. This is the case of Aragón and Andalucía. Travel agencies have tried to get a homogeneous regulation. A harmonized regulation may generate greater legal certainty for consumers of travel packages. It may also facilitate agencies to operate their business in all the national territory under the same -or, at least, similar- legal requirements 38 . A homogeneous regulation may also benefit insurance companies, as they might improve the design of their products to cover the requested guarantees, by means of financial guarantees or insurances. The Decree of the Autonomous Community of La Rioja 39 has been the first one to consider the inclusion of the protective measures requested by article 163 of the GAPCU for travel agencies operating in their territory. 38 Travel agencies have held different workshops and conventions, together with insurance companies and autonomous lawmakers, with the scope to unify criteria. As a result of this activity, the Board of General Directors in Tourism has proposed a harmonized legal body to be implemented in the rules that must be approved by the Autonomous Communities when adapting their regulations to the national and European requirements. 39 Decree 10/2017, of 17th March, approving the General Regulation of Tourism of La Rioja, in developing the Act 2/2001, of 31 st May, of Tourism of La Rioja. La Rioja Official Journal no. 34, 22 nd March 2017.

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