COMMISSION STAFF WORKING DOCUMENT IMPLEMENTATION PLAN Accompanying the document Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive
Date: 2023-11-29
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: carriage of passengers, consumer protection, contractual liability, financial solvency, package travel, payment, provision of services, termination of a contract, travel agency, traveller

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   EUROPEAN COMMISSION  Brussels, 29.11.2023  SWD(2023) 908 final  COMMISSION STAFF WORKING DOCUMENT  IMPLEMENTATION PLAN    Accompanying the document Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive       {COM(2023) 905 final} - {SEC(2023) 540 final} - {SWD(2023) 905 final} - {SWD(2023) 906 final} - {SWD(2023) 907 final}  
 
 
Implementation Plan1 

Accompanying the Proposal for Directive of the European Parliament and 
of the Council amending Directive (EU) 2015/2302 to make the protection 
of travellers more effective and to simplify and clarify certain aspects of 
the Directive 

1. Contact point:   

The  responsible  Commission  service  is  Unit  B.2  -  Consumer  Law  -  in DG Justice. Mailbox: 
JUST-B2-COMMUNICATION@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 (EU) 2015/2302, Member States will be able to 
build on their current legislation to a very large extent. However, the proposed Directive will 
bring  changes  in  some  specific  respects.  Therefore,  Member  States  will  have  to  pay 
particular  attention  that  all  required  changes  are  incorporated  and  that  their  legislation  is 
compatible with the new Directive. While the Directive will not require the setting-up of new 
structures, the implementation of the amendments will be a good opportunity for the Member 
States  to  assess  whether  the  existing  structures  are  adequate  to  guarantee  its  proper 
enforcement,  as  well  as  for  cross-border  cooperation,  including  the  proper  operation  of  the 
mutual recognition mechanism for insolvency protection in Article 18 of the Directive.  

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  (EU)  2019/2161  on  better  enforcement  and 
modernisation  of  Union  consumer  protection  rules  and  Directive  (EU)  2020/1828  on 
representative actions, the following Commission actions are envisaged. 

•  The  Commission  will  use  the  existing  network  of  experts  from  the  Member  States 
(Expert group on consumer and marketing law) to exchange information and discuss 
problems with the Member States 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  B.2.  -  Consumer  Law  -  in  DG  Justice  and 
Mailbox JUST-B2-COMMUNICATION@ec.europa.eu . 

1 This  Implementation  Plan  is  provided  for  information  purposes  only.  It  does  not  legally  bind  the 
Commission  on  whether  the  identified  actions  will  be  pursued  or  on  the  form  in  which  they  will  be 
pursued. 

2 

 
 
 
 
 
 
 
 
• 

in 

In  this  connection  the  Commission  will,  where  appropriate,  also  place  relevant 
information 
website 
dedicated 
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  is  ready  to  contribute  to  information  campaigns  by  the  Member 

following 

area 

the 

of 

a 

• 

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 in place and sufficient resources are made 
available  for  the  enforcement  of  the  Directive  and  the  operation  of  the  mutual 
recognition mechanism 
•  Awareness-raising  among 

including  possibly 

target  groups, 

information 

the 

campaigns and the preparation of 'explanatory documents' 

5.  Implementation plan 

Implementation challenge 

Action 

Timing 

Correct 
transposition 

and 

effective 

Member States should inform 
the  Commission  of  any 
potential  problem  related  to 
the implementation  

Before  adoption  and  during 
the transposition phase 

As  soon  as  the  proposal  is 
adopted 
the 
transposition  process  has 
been completed.  

until 

and 

to 

and 

the 
The  Commission  will 
existing  network  of  national 
exchange 
experts 
discuss 
information 
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 
the 
transposition  process  has 

until 

and 

Where  appropriate,  bilateral 
meetings  and  exchanges 
individual  Member 
with 

3 

 
 
 
 
 
 
 
Effective application 

States. 

been completed. 

Member 
should 
States 
consult  the  Commission  on 
draft transposition measures. 

During 
phase. 

the 

transposition 

During 
phase 
application of the Directive. 

transposition 
the 
during 

the 
and 

for 

the 

that 

States 

they  have 

should 
Member 
in 
ensure 
structures 
place 
necessary 
the 
enforcement  of  the  Directive 
the 
the  operation  of 
and 
recognition 
mutual 
and  make 
mechanism 
resources 
sufficient 
available. 

traders 

the 
in  particular, 
to 

transposition 
During 
in 
phase, 
and 
relation 
especially 
for 
travellers/consumers  around 
the  time  of  the  entry  into 
force of the new rules  

Information  of  travellers  and 
traders 

Member  States  –  supported 
by  the  Commission  –  should 
make target-groups  aware of 
the  new  rules  and  should 
possibly  prepare  explanatory 
documents.  

4