WRITTEN QUESTION E-1859/96 by Ursula Schleicher (PPE) to the Commission (5 July 1996)

Subject: Consequences of legislative procedures

Can the Commission say how it has reacted to the legislative initiatives taken by Parliament so far in accordance with Article 138b of the EC Treaty?

Answer given by Mr Oreja on behalf of the Commission (1 August 1996)

The Parliament has adopted four legislative initiatives under Article 138B of the EC Treaty. The Commission has already informed Parliament in its half-yearly report ((SP(95)3210. )) on actions taken by the Commission in response to Parliaments's own-initiative resolutions of its follow up to the Jackson report (A3-0310/94) 'Fire safety in Hotels' and the Alber report (A3-0232/94) 'Preventing and remedying environmental damage'. With regard to the latter, an internal communication will be presented to the Commission in the near future, on the basis of which the Commission will decide how to proceed, taking account of Parliament's requests.

In respect of the Rothley resolution (A4-201/95) the Commission is aware of the difficulties to which traffic accident victims are exposed when an insurance company is located in a different Member State. Insurance companies, also conscious of these difficulties, have taken a number of initiatives. The Commission embarked on a wide ranging consultation with interested parties, including Mr Rothley, in order to decide on the most appropriate course of action. This has yielded little.

The Commission would have preferred a negotiated agreement between concerned parties in order to meet the requirements set out in Parliament's resolution. As a voluntary solution does not seem possible, the Commission will propose legislation:

- requiring all European insurance companies to authorise a representative in all Member States to settle claims;

- requiring Member States to impose sanctions against insurance companies which fail to designate authorised representatives;

- requiring the establishment of information centres in Member States which victims could contact in order to find out the identity and address of this representative in their country of origin.

In regard to the Leopardi report the Commission does not intend to put forward a proposal for a decision based on Article 129 of the EC Treaty calling for a general introduction of a European health card. Current budgetary, technical, legal and political difficulties prevent the introduction of such a card. Research on health cards is still taking place in the context of the telematics applications and the G-7 information society programmes. In addition a number of initiatives have already been taken by the Commission within the framework of the implementation of Council Regulation (EEC) No 1408/71 ((OJ L 149, 5.7.1971 - consolidated version by OJ No C 325, 10.12.1992. )) on coordination of social security schemes. A Tess working party ((Working party under the administrative commission on social security for migrant workers creating measures for the development and implementation of the Tess Programme - Telematics for social security. )) has drafted a discussion paper to encourage discussion, taking account of pilot projects and studies already available from the Eurocard project, which should serve as a basis for a recommendation to the Administrative commission on social security for migrant workers. If this body accepts the recommendation of the working party, this may serve a basis for a proposal from the Commission in the context of social security.