WRITTEN QUESTION P-2634/99 by Bart Staes (Verts/ALE) to the Commission. Compensation of EU citizens in the case of road accidents in Switzerland.
Date: 1999-12-22
Institutions: European Parliament, Provisional data
Subjects: EU national, Switzerland, agreement (EU), insurance indemnity, road transport, transport accident

3.10.2000

EN

Official Journal of the European Communities

C 280 E/91

Answer given by Mr Patten on behalf of the Commission

(2 February 2000)

The purpose of the recent Commission report (1) mentioned by the Honourable Member was to assess the
feasibility of negotiating a stablisation and association agreement with Albania. It identified important
political,
institutional and economic requirements for a successful participation of Albania in such
perspective. It did not address the specific issue of the millenium bug in relation to Albania.

The Commission did not receive detailed information from the Albanian authorities on their preparedness
for the millennium bug. However, landing and take-off at Tirana (Rinas) airport takes place visually and the
lighting system at night does not operate by computer. At the current stage, there are only very few flights
from Community airports to Tirana and during night hours the airport is normally closed. Check-in
systems are compliant given that they are extensions of systems in Western Europe, Swissair being its main
user. The air space is controlled by a system of SITA (SociØtØ international de tØlØcommunications
aØrienne) and according to Eurocontrol and other relevant sources it is considered that there is no major
risk.

(1) COM(99) 651 final.

(2000/C 280 E/093)

WRITTEN QUESTION P-2634/99

by Bart Staes (Verts/ALE) to the Commission

(22 December 1999)

Subject: Compensation of EU citizens in the case of road accidents in Switzerland

Loopholes in Swiss legislation allow insurance companies to delay paying compensation in respect of third
party liability. This source of legal uncertainty also affects nationals of EU countries who are the victims of
road accidents in Switzerland. They find themselves involved in legal proceedings without any prospect of
obtaining fair compensation within a reasonable period of time.

The forthcoming ratification of the transport agreement between Switzerland and the EU in the course of
2000 should be taken as an opportunity to resolve this legal problem as soon as possible. EU citizens in
Switzerland are entitled to the same protection as Swiss nationals enjoy in the fifteen Member States of the
EU. It is also worth noting that former Commission President Santer was informed of this problem in
writing on 12 March 1998 and 27 July 1998 (letters from Dr Eric Suy, president of VTB-VAB and
Belgium(cid:146)s Deputy Prime Minister, Elio de Rupo).

1. What action has the Commission taken to remedy the loopholes in Swiss legislation, which result in
a lack of legal certainty in the case of road accidents in Switzerland?

2. Will the Commission take advantage of the ratification procedure for the transport agreement
between Switzerland and the EU to demand from the Swiss Government a rapid, fair and reasonable
solution to this legal problem? If not, why not?

3. What further steps will the Commission take to ensure that Swiss Government finds a fair and
reasonable solution to this legal problem as soon as possible?

Answer given by Mr Patten on behalf of the Commission

(21 January 2000)

The Commission is aware of a number of cases in which Community nationals have encountered
difficulties in their dealings with Swiss insurance companies, following accidents in Switzerland.

C 280 E/92

Official Journal of the European Communities

EN

3.10.2000

These are cases governed by Swiss civil law and, as far as traffic accidents are concerned, by the green card
agreement, which also falls under civil law. The Commission has no competences in this respect, and has
no powers to deal with claims following from accidents in third countries, against insurance companies in
these countries.

These questions were not covered by the mandate for the negotiation of the seven sectoral agreements,
and therefore it was not possible to include them in the negotiations. The result of the negotiations has
been proposed by the Commission to the Council (1), and the agreements have been signed on 21 June
1999 in Luxembourg. It is now for the Parliament, the Member States and the Council to ratify the
agreements on the basis of their own evaluation.

The Commission has taken up this issue in a more general context with the Swiss authorities. It will again
raise the issue at the next meeting of the joint committee of the insurance agreement, which will be held
in spring 2000, even if strictly speaking this matter falls beyond the scope of this agreement.

(1) COM(99) 229 final.

(2000/C 280 E/094)

WRITTEN QUESTION E-2640/99

by Antonios Trakatellis (PPE-DE), Ioannis Mar(cid:237)nos (PPE-DE)
and Konstantinos Hatzidakis (PPE-DE) to the Commission

(12 January 2000)

Subject: Legal arrangements for the awarding of contracts and the construction quality of projects in

Greece

Significant problems have arisen due to the inadequacy,
lack of transparency and distortions in the
institutional framework for the awarding of contracts and programmes, and because of the slipshod
approach and inadequacy of the Greek inspection and supervisory authorities concerning the proper
monitoring of Community projects under construction. In many instances the Commission has received
complaints concerning the awarding of contracts, resulting in delays in the completion of contracts and
possibly the loss of the corresponding Community appropriations.

Given that the planned third Community support framework for Greece (2000-2006) provides for nine
trillion drachmas for the implementation of various infrastructure projects and development programmes
and given that further construction projects are envisaged with a view to the 2004 Olympic Games:

1. What is the situation in Greece as regards the incorporation into national law and the application of
the Community rules on the legal arrangements for agreements and the allocation of contracts and
programmes?

2. What assessment has been made of their application and what measures will the Commission take in
the event of breach of Community rules or distortion of the operating conditions of the market in
question?

3.

In which Community projects has substandard work been identified by the special supervisory council
(ESPEL) in Greece and in which of these have fines and sanctions been imposed on those responsible?

4. What will be done to ensure transparency, the credibility of the system for awarding and completing
contracts and the elimination of substandard work in Greece, in order to bring about shorter delays, a
higher utilisation rate of Community appropriations and better quality in the construction of projects?

Answer by Mr Bolkestein on behalf of the Commission

(1 March 2000)

The Commission would like to inform the honourable Members that Greece has already transposed a
number of directives on public contracts, namely Council Directives 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply contracts (1), 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of public works contracts (1), 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the award of public service contracts (2), and