TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 481 instance a common vaccination certificate to facilitate travel as an alternative to PCR tests and quarantine requirements are not received without criticism. In a simplistic manner, one may say that at the present stage consumers search for “safe, clean and more sustainable tourism” but the tourism industry must also aim at the complementary goals of tourism resilience and compliance with the green and digital transitions as global goals of the EU. Moreover, the change in paradigm with the COVID 19 crisis has led to the perspective that “consumers, as well as future generations, may have a different approach to travel and tourism experience”; and a special responsibility is put on the supply side, to the extent the same is incentivized to “act as driver of the anticipated changes in consumption and actively promote more sustainable behaviour on the demand side” (27 May 2021 Council Conclusions). One may wonder to what extent is feasible to achieve all of the above-referred goals, given the complexity of the tourism ecosystem and their numerous different segments even within the same Member State. In this context, Member States should also aim at “addressing the needs and potential of tourism SMEs and microenterprises as drivers for social and economic convergence contributing to a balanced regional development and job creation” (27 May 2021 Council Conclusions). With the COVID 19 crisis and the accrued intervention of the State in the economy, the risk of government induced distortions of competition may be higher as regards the tourism sector than until now. Thus, the approach of the Commission concerning state aid incompatible with the internal market is very important to attenuate distortions of competition (or ideally eliminate them). And the EU Courts’ scrutiny of the Commission’s decisions declaring the compatibility of state aid with the internal market is equally important to consider, notably on the burden of proof to be fulfilled and on the financial impact of any annulment of the Commission’s decisions and the subsequent orders for recovery of the unlawful aid. Moreover, in the national landscape the PCA’s advocacy of competition individually (or in cooperation with other public entities or services for the ascertainment of the public impact of legislative measures), is important to help public authorities (authors of the support measures) to ascertain the competitive impact and remain competition compliant. Naturally the success of this interplay depends on the receptiveness of the same public authorities. It is not yet possible to confirm the timeliness, adequateness and contribution to resilience resulting from the support measures adopted by the Portuguese
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