Package travel review aims to fill 'legal void'

Updating of 1990 package travel directive puts citizens' needs at 'centre' of single market, argues Sergio Gaetano Cofferati

One of the most serious errors committed in the process of developing the single market is that of not putting European citizens, their rights and their material condition at the centre of the process, indeed at times giving the impression that these are secondary factors. This approach has caused a gulf to open up between European citizens, in their roles as workers, users of public services and consumers, and the concept of the internal market, resulting in a sense of separation. This sense of separation becomes evident in the worry and mistrust with which many European citizens greet every step to develop the single market. This calls for a change of direction, making it essential to embark on a series of initiatives that will make it clear to European citizens that the European Union, one of whose cornerstones is the creation of a fully integrated single market, is a project whose ultimate aim is to care for their wellbeing, strengthen their rights and improve their material condition within a context of sustainable economic growth.

"[The package travel directive review] must be considered an opportunity for increasing consumer protection, improving their rights, the information they have access to and their safety and for encouraging competition"

According to this logic, there is a need to review European legislation on package travel, proposed last year by the European commission. Indeed, this must be considered an opportunity for increasing consumer protection, improving their rights, the information they have access to and their safety and for encouraging competition based on quality in order to improve the products available to European travellers.

The commission's proposal in this matter is most important because it aims to fill a legal void created by the changes that have occurred in the package travel market and the amount of time that has elapsed since approval of the previous directive in 1990. It contains many positive elements, above all in terms of consumer protection and rights in relation to the new business models that have evolved over the last two decades, but the legal position remains uncertain within some key elements.

The modifications recommended by rapporteur Hans-Peter Mayer, and the amendments proposed by the member of the various working groups, have been approved by parliament's internal market and consumer protection (IMCO) committee, thus improving the text and clarifying some important points, such as the definition of extraordinary circumstances that organisers may invoke, the conditions for significant changes to contracts and the information to be provided to consumers, both before and after conclusion of a contract. The report approved by the IMCO committee is therefore a useful step forward.

However, some adjustments will still need to be made before the vote in parliament's plenary session, above all those relating to defining the scope of application, in order to avoid leaving grey areas in which there is no guarantee of a high level of protection for European travellers. There must, for example, be a guarantee that associated travel services accessed by way of a 'click through' option, often used by airlines to provide additional service after a flight has been booked, are included in the scope of application and that the vendor has provided a guarantee to cover any situations of insolvency on the part of one of the service providers.

If these further modifications are made ready, we will be able to approve a provision that will make a significant improvement to the travelling conditions of European citizens when they make use of a travel package or associated travel services. We will be able to say that, with this provision, we have fulfilled our commitment to rendering the single market a place in which the rights and wellbeing of European citizens are promoted.