CELEX: 51990PC0232
Language: en
Date: 1990-05-30
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS

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
                                     R e c i t a l s o n e to t w e n t y u n c h a n g e d
                                                             Twenty-first recital
Whereas both the consumer and the package travel                           Whereas the consumer and the package travel industry
industry would benefit if organizers and/or retailers                      would benefit if organizers were placed under an obli-
were placed under an obligation to provide sufficient                      gation to cover by means of insurance those parts of
evidence of security in the event of insolvency,                           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,
                                                 A r t i c l e s 1 and 2 u n c h a n g e d
                         Article 3                                                                  Article 3
                                                    Paragraph 1 unchanged
2.   Where a brochure is made available to the                             2.    Where a brochure is made available to the
consumer, it shall indicate in a comprehensible and                        consumer it shall indicate in a legible, comprehensible
accurate manner both the price and adequate infor-                         and accurate manner both the price and adequate infor-
mation concerning:                                                         mation concerning:
                                                    (Remainder unchanged)
 ---pagebreak--- 28. 6. 90                              Official Journal of the European Communities                                       No C 158/9
              COMMON POSITION OF THE COUNCIL                                                  RE-EXAMINED PROPOSAL
                          Article 4                                                                 Article 4
                                           P a r a g r a p h s 1, 2 a n d 3 u n c h a n g e d
    (a) The prices laid down in the contract shall not be                4. (a) The prices laid down in the contract shall not be
        subject to revision unless the contract expressly                       subject to revision unless the contract expressly
        provides for the possibility of upward or                               provides for the possibility of upward or
        downward revision and states precisely how the                          downward revision and states precisely how the
        revised price is to be calculated, and solely to                        revised price is to be calculated and solely to
        allow for variations in:                                                 allow for variation in:
        — transportation costs, including the cost of fuel,                     — transportation costs, including the cost of fuel,
        — dues, taxes or fees chargeable for certain                            — dues, taxes or fees chargeable for certain
            services, such as landing taxes or embarkation                           services, such as landing taxes or embarkation
            or disembarkation fees at ports and airports,                            or disembarkation fees at ports and airports,
        — the exchange rates applied to the particular                          — the exchange rates applied to the particular
            package.                                                                 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                      (b) During the 30 days prior to the departure date
        stipulated, the price stated in the contract shall                       stipulated, the price stated in the contract shall
        not be increased.                                                        not be increased.
                                           P a r a g r a p h s 5, 6 and 7 u n c h a n g e d
                                                        Article 5 unchanged
                           Article 6                                                                Article 6
In cases of complaint, the organizer and/or retailer or                  "With regard to complaints, Member States shall ensure
his local representative, if there is one, must make                     that in each of their territories there is available, whether
prompt efforts to find appropriate solutions.                            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.
 ---pagebreak--- N o C 158/10                         Official Journal of the European Communities                                        28. 6. 90
             COMMON POSITION OF THE COUNCIL                                                 RE-EXAMINED PROPOSAL
                         Article 7                                                                 Article 7
The organizer and/or retailer party to the contract shall              The organizer and/or retailer party to the contract shall
provide sufficient evidence of security for the refund of              provide sufficient evidence of security for the refund of
money paid over and for the repatriation of the                        money paid over and for the repatriation of the
consumer in the event of insolvency.                                   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
                                           P a r a g r a p h s 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.
                                                   A r t i c l e 10 u n c h a n g e d