WRITTEN QUESTION P-1497/00

by Mathieu Grosch (PPE-DE) to the Commission

(4 May 2000)

Subject: EU-Switzerland agreement and effects of the fourth motor vehicle directive on that agreement

In the seven sectoral agreements that the European Union is going to conclude with Switzerland wide-ranging rules relating to transport and the free movement of persons will be introduced.

At the same time, in the near future the proposal for a European Parliament and Council directive on the coordination of the Member States' legislation on motor vehicle liability insurance and modifying Directives 73/239/EEC(1) and 92/49/EEC(2) (fourth motor vehicle liability directive) will be adopted at third reading.

The compromise proposal by the Council and the European Parliament envisages an extension of the scope of this directive to those third countries whose national insurance bureau belongs to the Green Card system.

1. Would the Commission be prepared to include the definitive (or provisional) substance of the directive in the negotiations with Switzerland over the matters left over from the seven agreements, and thus extend the scope of this directive to Switzerland, whose national insurance bureau belongs to the Green Card system?

2. What form would the procedure for implementing this directive in conjunction with Switzerland otherwise take?

(1) OJ L 228, 16.8.1973, p. 3.

(2) OJ L 228, 11.8.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(16 June 2000)

The Commission welcomed the formal adoption on 16 May 2000 of Parliament and Council Directive 2000/26/EC 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 Directives 73/69/EEC and 88/357/EEC (Fourth Motor Insurance Directive)(1). The Directive is designed to improve the present arrangements for settling claims by individuals who, while staying temporarily in a Member State other than their Member State of residence, suffer loss or injury caused by a vehicle registered and insured in Member State other than the Member State of residence. The aim is to rectify a shortcoming of existing legislation by providing a rapid and pragmatic mechanism, where liability is not contested before the courts, for the insurer of the person causing the accident to compensate the injured party, thereby protecting drivers passing through the country who are involved in an accident.

The new provisions will apply not only to accidents occurring in a Member State but also to accidents involving two Community nationals and occurring in a third country that is a member of the Green Card system, including Switzerland.

After publication of the Directive in the Official Journal, Member States will have twenty-four months in which to transpose it into national law.

It should also be mentioned that the Agreement between the Community and Switzerland on non-life insurance relates only to the freedom of establishment of non-life insurance companies and does not concern motor vehicle insurance. However, the Joint Committee provided for in the Agreement may look into whether Switzerland ought not to apply the provisions of the Fourth Motor Insurance Directive.

(1) Not yet published.