a situation «and the consequences of which could not have been avoided even if all reasonable measures had been taken». The definition appears partially incomplete. In fact, it only makes explicit the meaning attributable to the ‘inevitability’ of the circumstance. Instead, it seems missing any reference to the aspect of «extraordinary». However, recital 31 of the Directive specified some cases of (‘unavoidable and) extraordinary circumstances’ that could significantly affect the performance of the package. This may cover for example «warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions». III. EX-POST EVALUATIONS OF THE PTDIRECTIVE After the transposition of the Package Travel Directive, the Commission presented some report on the application of the PTD5. Ex-post evaluations and fitness checks of existing legislation reported a mixed outcome. More specifically, these evaluations concluded that the Directive still has EU added value: its objectives were in line with the expected needs of travellers and package travel organisers/retailers when the Directive was adopted and that they remain relevant. Nevertheless, developments in the market (mostly due to increasing digitalisation and changes to business practices), practical experience in the application and problems caused by the COVID-19 pandemic revealed that the PTD has been only partially effective in contributing to the proper functioning of the internal market and achieving a high and as uniform as possible level of consumer protection6. 5 In particular, after its report on the provisions of the PTD applying to online bookings made at different points of sale issued in June 2019 (Report from the Commission to the European Parliament and the Council on the provisions of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements applying to online bookings made at different points of sale, COM(2019)270 final, 21.6.2019, accompanied by the Staff Working Document SWD(2019) 270 final), the Commission submits the general report on the application of the PTD in accordance with Article 26, sentence 2, of the PTD to the European Parliament and the Council (Report from the Commission to the European Parliament and the Council on the application of Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements, COM(2021) 90 final, 26.2.2021. 6 It is not the purpose of this contribution to examine the controversial issue of the compatibility with European Union law of the emergency provision introduced by national legislators dealing with the effects resulting from the coronavirus pandemic in package travel contracts. On the Italian situation, among others, see V. Corona, Il contratto di pacchetto turistico, in Rivista di Diritto del turismo, Special Issue 2020, p. 389 ff. 20 ANGELO VENCHIARUTTI
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