52013SC0266

COMMISSION STAFF WORKING DOCUMENT

Implementation Plan

Accompanying the document

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU and repealing Council Directive 90/314/EEC

1. Contact point: 

The responsible Commission service is Unit A.3 - Consumer and Marketing Law - in DG Justice. Mailbox: JUST-NOTIFICATIONS-A3@ec.europa.eu

Information on its activities is available at:

http://ec.europa.eu/justice/consumer-marketing/index_en.htm

2. Deliverables and implementation challenges

Given the existing transposition of Directive 90/314/EEC, Member States will be able to build on their current legislation.  However, given that the proposed Directive will bring significant changes and will increase the degree of harmonisation, Member States will have to pay particular attention that all required changes are incorporated and that their legislation is compatible with the Directive. The Member States will also have to make sure that they put in place structures that guarantee a proper enforcement of the Directive, as well as the proper operation of the mutual recognition and administrative cooperation mechanism in relation to insolvency protection provided for in Article 16 of the proposal.

3.  Support Actions

3.1. Envisaged Commission actions

Building on experience with regard to the transposition of other consumer protection directives, most recently in relation to Directive 2011/83/EU on Consumer Rights, the following Commission actions are envisaged.

· The Commission will set up a network to exchange information and discuss problems in relation to the transposition of the Directive, with regular meetings and the possibility to discuss questions outside meetings. The responsible Commission service is Unit A.3 - Consumer and Marketing Law - in DG Justice and Mailbox JUST-NOTIFICATIONS-A3@ec.europa.eu .

· In this connection the Commission will, where appropriate, also place relevant information in a dedicated area of the following website http://ec.europa.eu/justice/consumer-marketing/index_en.htm .

· In addition to multilateral meetings within the network, the Commission will, where appropriate, organise bilateral meetings or exchanges with particular Member States.

· The Commission may contribute to information campaigns by the Member States.

4.1. Required Member State actions

· Informing the Commission about any potential implementation problems as soon as they are identified in the negotiation and transposition phase

· Consulting the Commission on draft transposition measures

· Ensuring that the necessary structures are put in place and sufficient resources are made available for the enforcement of the Directive and the operation of the mutual recognition and administrative cooperation mechanism

· Awareness-raising among the target groups, including possibly the preparation of 'explanatory documents'

5.  Implementation plan

Implementation challenge || Action || Timing

Correct and effective transposition || Member States should inform the Commission of any potential problem related to the implementation || Before adoption and during the transposition phase

|| The Commission will set up a network to exchange information and discuss problems in relation to the transposition of the Directive, with regular meetings and the possibility to discuss questions outside meetings. Where appropriate, information will be placed on the relevant Commission website. || As soon as the proposal is adopted and until the transposition process has been completed.

|| Where appropriate, bilateral meetings and exchanges with individual Member States. || As soon as the proposal is adopted and until the transposition process has been completed.

|| Member States should consult the Commission on draft transposition measures. || During the transposition phase.

Effective application || Member States should ensure that they put in place the structures necessary for the enforcement of the Directive and the operation of the mutual recognition and administrative cooperation mechanism and make sufficient resources available. || During the transposition phase and during the application of the Directive.

Information of travellers and traders || Member States – where appropriate, supported by the Commission – should make target-groups aware of the new rules and should possibly prepare explanatory documents. || During the transposition phase in particular in relation to traders and especially for travellers/consumers around the time of the entry into force of the new rules