No C 158/8 Official Journal of the European Communities 28. 6. 90 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive on package travel, package holidays and package 
tours 
COM(90) 232 final — SYN 122 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 30 May 1990) 
(90/C 158/09) 
COMMON POSITION OF THE COUNCIL RE-EXAMINED PROPOSAL 
Recitals one to twenty unchanged 
Twenty-first recital 
Whereas both the consumer and the package travel 
industry would benefit if organizers and/or retailers 
were placed under an obligation to provide sufficient 
evidence of security in the event of insolvency, 
2. Where a brochure is made available to the 
consumer, it shall indicate in a comprehensible and 
accurate manner both the price and adequate infor­
mation concerning: Whereas the consumer and the package travel industry 
would benefit if organizers were placed under an obli­
gation to cover by means of insurance those parts of 
their liability under this Directive as are insurable; 
whereas similarly each Member State should ensure that 
within its territory a guarantee fund is available for 
payment of claims sustainable under this Directive which 
remain unpaid from some other source; 
Twenty-second recital (new) 
Whereas Member States should be at liberty to adopt, or 
retain, more stringent provisions relating to package 
travel for the purpose of protecting the consumer, 
2. Where a brochure is made available to the 
consumer it shall indicate in a legible, comprehensible 
and accurate manner both the price and adequate infor­
mation concerning: Articles 1 and 2 unchanged 
Article 3 Article 3 
Paragraph 1 unchanged 
(Remainder unchanged) 
28. 6. 90 Official Journal of the European Communities No C 158/9 
COMMON POSITION OF THE COUNCIL 
Article 4 RE-EXAMINED PROPOSAL 
Article 4 
Paragraphs 1, 2 and 3 unchanged 
(a) The prices laid down in the contract shall not be 
subject to revision unless the contract expressly 
provides for the possibility of upward or 
downward revision and states precisely how the 
revised price is to be calculated, and solely to 
allow for variations in: 
— transportation costs, including the cost of fuel, 
— dues, taxes or fees chargeable for certain 
services, such as landing taxes or embarkation 
or disembarkation fees at ports and airports, 
— the exchange rates applied to the particular 
package. 4. (a) The prices laid down in the contract shall not be 
subject to revision unless the contract expressly 
provides for the possibility of upward or 
downward revision and states precisely how the 
revised price is to be calculated and solely to 
allow for variation in: 
— transportation costs, including the cost of fuel, 
— dues, taxes or fees chargeable for certain 
services, such as landing taxes or embarkation 
or disembarkation fees at ports and airports, 
— the exchange rates applied to the particular 
package, 
but only if the resulting variation is in excess of 
2 % of the agreed price. 
(b) During the 20 days prior to the departure date 
stipulated, the price stated in the contract shall 
not be increased. (b) During the 30 days prior to the departure date 
stipulated, the price stated in the contract shall 
not be increased. 
Paragraphs 5, 6 and 7 unchanged 
Article 5 unchanged 
Article 6 
In cases of complaint, the organizer and/or retailer or 
his local representative, if there is one, must make 
prompt efforts to find appropriate solutions. Article 6 
"With regard to complaints, Member States shall ensure 
that in each of their territories there is available, whether 
provided by public or private bodies, a rapid, efficient, 
inexpensive and independent procedure for use by the 
consumer in dealing with his complaints concerning any 
package for which he has contracted, where these are 
not resolved amicably. 
NoC 158/10 Official Journal of the European Communities 28. 6. 90 
COMMON POSITION OF THE COUNCIL RE-EXAMINED PROPOSAL 
Article 7 
The organizer and/or retailer party to the contract shall 
provide sufficient evidence of security for the refund of 
money paid over and for the repatriation of the 
consumer in the event of insolvency. Article 7 
The organizer and/or retailer party to the contract shall 
provide sufficient evidence of security for the refund of 
money paid over and for the repatriation of the 
consumer in the event of insolvency. 
Member States shall also ensure: 
(a) that organizers and retailers cover by means of 
insurance such part of their liability under this 
Directive as is insurable; and 
(b) that there is available in each of their territories a 
guarantee fund for payment of claims sustainable 
under this Directive which remain unpaid from some 
other source. 
Article 8 unchanged 
Article 9 Article 9 
Paragraphs 1 and 2 unchanged 
3. Three years after 31 December 1992 the 
Commission will report to the European Parliament and 
the Council on the state of the Directive's implemen­
tation in the Member States. 
Article 10 unchanged