WRITTEN QUESTION P-1530/01

by Bart Staes (Verts/ALE) to the Commission

(15 May 2001)

Subject: Long settlement procedures following road accidents in third countries

In answer to Question E-2656/99(1), the Council said that the problem of long settlement procedures concerning road accidents in third countries has been recognised by the institutions of the EU and they have been prepared to tackle the problem with the proposal for the fourth motor insurance directive. However, the fourth directive affords no solution to settlement procedures currently underway and, furthermore, the Commission should be preparing to draw up a fifth directive in order to eliminate existing shortcomings.

Does the Commission recognise that the fourth framework directive does not provide a satisfactory solution to the problem of long settlement procedures following (road) accidents in third countries, for example Switzerland? If not, does this mean that EU nationals can expect the same legal treatment following a (road) accident in Switzerland as in the fifteen EU Member States?

Can the Commission confirm that it is now in the process of drawing up a fifth directive with a view to remedying the shortcomings still existing in the fourth framework directive? If so, what are the principal objectives of this fifth directive?

(1) OJ C 280 E, 3.10.2000, p. 95.

Answer given by Mr Bolkestein on behalf of the Commission

(2 July 2001)

The Fourth Motor Insurance Directive(1) was adopted on 16 May 2000. The deadline for implementation expires on 20 July 2002. It constitutes a major achievement to facilitate the settlement of motor accidents when they occur in a Member State other than the Member State of residence of the victim or in third countries belonging to the Green Card system provided that both parties involved in the accident are resident in the Union. Since the Directive has been incorporated in the EEA Agreement, the same rules will apply both in the Member States and the EEA EFTA countries. In addition, the Directive will also form part of the Community legal system (Community acquis) which should be applied to the candidate countries once they join the Union. The territorial scope of application of the Fourth Motor Directive is therefore very large and will still be larger in the future.

However it is clear that Community legislation or EEA law in this respect cannot regulate the settlement of accidents occurring in third countries when at least one party is non resident in the Union or in the European Economic Area. This would involve an extraterritorial application of Community law.

With regard to the issue of possible difficulties for settlement of accidents in Switzerland, the Commission has only been informed of one particular problem involving one citizen resident in one Member State.

Nevertheless, the Commission has started consultations with the Member States' authorities, insurance industry, victims associations and other interested parties in order to ascertain the existence of any difficulties affecting the settlement of accidents involving Union citizens in Switzerland as well as to consider any possible technical solution in this regard. It will inform the Honourable Member of any action the Commission can take to help Union residents who are victims of accidents outside the current scope of application of the Fourth Motor Directive.

With respect to the reference made by the Honourable Member to a future 5th Motor Directive, the Commission is working with Member States' experts on the modernisation of the Motor Insurance Directives and a proposal may be submitted to the College for adoption next year. The future 5th Motor Directive is not related with the settlement of accidents in third countries.

(1) Directive 2000/26/EC of the Parliament and of the Council on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC OJ L 181, 20.7.2000.