402. Regulation of the Federal Minister of Economics and Labour, by means of which the Regulation of the Federal Minister for Economic Affairs on the implementation of Article 7 of the Council Directive of 13 June 1990 on package travel packages (90/314/EEC) Austrian law (travel agency safety regulation-RSV) will be amended

On the basis of § 127 (1) and (2) of the 1994 Commercial Code (Gewerbeordnung)-GewO 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 84/2006, is being prescribed in agreement with the Federal Minister for Social Security, Generations and Consumer Protection:

The travel agency safety regulation-RSV, BGBl. II No 316/1999, as last amended by the BGBl Regulation. II No 563/2003, shall be amended as follows:

1. In § 3 1 Z 1 lit. A is the phrase "Payments, balance payments and advance payments in accordance with § 4 (6)" through the phrase "Payments and residual payments" replaced.

(2) § 4 is amended as follows:

(a) (1) (1) is:

" § 4. (1) The sum insured under § 3 (1) shall be at least as follows:

1.		In the event of a package holiday involving transport by scheduled services or by ships on scheduled services, or excluding transport by bus or train, or by no means of carriage, the turnover shall be the same as those of the Activities during the previous marketing year
a)			up to EUR 110 000, EUR 10 000, up to EUR 220 000, EUR 20 000, provided that a statement of all the flat-rate travel turnover of the previous year (date of travel, destination, invoice number, PAX number and total invoice total) shall be drawn up in the form of a company, the application of the tender documents;
b)			up to EUR 330 000, EUR 30 000, provided that the turnover is confirmed quarterly in retrospect by an explanation of the accuracy of the sales forecast made by a tax consultant,
c)			more than 330 000 euro, or if evidence of lit. a or b is not provided, 8 vH of turnover, but in any case 72 600 euros, with the higher insurance sum to be covered. "

(b) para. 2 reads:

" (2) If the participation in an insurance group of the organizers is proven in accordance with § 8, the minimum amounts of insurance in the cases of the first paragraph shall be 1 lit. a to EUR 20 000, provided that the turnover from the activities of the event in the preceding marketing year does not exceed EUR 110 000, EUR 10 000 and, in the cases referred to in paragraph 1 (2), the first half-sentence of EUR 72 600. '

(c) In paragraph 6, the word order is deleted " , except in the case of paragraph 7, ".

(d) (7).

(e) paragraph 8 shall be replaced by "(7)" and there is no word sequence "and advance payments" .

3. § 7 shall be amended as follows:

(a) In paragraph 1 (4), the word order is deleted "and, where appropriate, advance payments in accordance with § 4 (6)" and becomes the reference "§ 4 (5)" by reference "§ 4 (6)" replaced .

(b) In paragraph 5, the Z 1 to 3 shall read:

" 1.		the host State of the organiser,
2.		the nature of the protection and the contact point to which the traveller has to address in the event of insolvency, provided that the organiser has its registered office in a Member State of the European Union/EEA,
3.		protection within the meaning of Article 7 of Directive 90 /314/EEC, provided that the organiser does not have its registered office in a Member State of the European Union/EEA. In the event of non-existence of such protection, it should be expressly noted. "

(c) (5) the following sentence is added:

"In the event of failure to comply with these obligations, the facilitator shall be subject to the obligations of an organizer under this Regulation."

(4) § 9 is amended as follows:

(a) In paragraph 2 (8), the reference "§ 4 (5)" by reference "§ 4 (6)" and the word shall be "and" is replaced by a point. The Z 9 is omitted.

(b) In paragraph 4 (3), the term "Literadesignation" "(a)" and the lit. b.

(c) para. 6, z 2 lit. c is:

" (c)			the intended extent of the allocation of charter places in accordance with Article 4 (3), with the indication of modes of transport, "

(d) In paragraph 6 (3), the reference "§ 4 (5)" by reference "§ 4 (6)" replaced.

(e) Paragraph 7 is deleted; paragraphs 8 to 11 are given the names "(7)" to "(10)" .

(f) (9) is:

" (9) If the organiser is no longer covered by the risk in accordance with § 3 (3), or if the conditions for entry into the list of events are no longer available, the Federal Ministry for Economic Affairs and Labour has the following: Registration in the list of organizers must be deleted immediately. In the same way, the registration in the list of organisers shall be deleted without delay if the following notification pursuant to paragraph 6 was not reimbursed by 30 November of the year at the latest. The remedies brought against the communication do not have suspensive effect. "

5. § 10 para. 2 Z 1 reads:

" 1.		the plausibility of the transactions reported by the organizer pursuant to § 9 paragraph 4 Z 2, in accordance with § 9 paragraph 6 Z 2 and in accordance with Section 9 (7) to the Federal Minister of Economics and Labour from the activities of the organizers and "

6. In 5. Section becomes the word sequence in the heading "Final provisions" through the phrase "Conclusion and transitional provisions" replaced.

7. In accordance with § 12, the following § 13 is added:

" § 13. Tour operator, who at the time of the in-force of the Novelle BGBl. II No 402/2006 on the receipt of advance payments in accordance with § 4 (7) in the version before the entry into force of the Novelle BGBl. II No. 402/2006 by the Federal Ministry of Economic Affairs and Labour, are entitled to be granted until 31 December 2006. October 2008 to receive advance payments in accordance with the provisions cited above. In this respect, the provisions of this Regulation shall apply in the version before the entry into force of the Novelle BGBl Act. II No 402/2006. "

Bartenstein