WRITTEN QUESTION E-2784/99 by Alexandros Alavanos (GUE/NGL) to the Commission. Compensation for relatives of victims following air crash.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: Greece, civil aviation, common transport policy, indemnification, transport accident, victim

C 374 E/14

Official Journal of the European Communities

EN

28.12.2000

Ethiopia requested that this instrument be modified, pointing out that it differed from its predecessors in a
number of aspects. The Algerian OAU Presidency is in contact with both parties with a view to reaching
an agreement. The European Union expects that the OAU peace package will be accepted unconditionally
and implemented as soon as possible jointly by both Ethiopia and Eritrea, which has already accepted a
first version of the technical provisions.

Last December,
Italy(cid:146)s State Secretary for Foreign Affairs, Senator Rino Serri, was appointed as the
EU Presidency Special Representative for the Ethiopia-Eritrea conflict. His mandate is focused on support
for the OAU peacemaking effort. Senator Serri is continuously in contact with the mediating Algerian
OAU Presidency, and he has already visited the two countries(cid:146) capitals to help in settling the conflict.

With respect to the Honourable Member(cid:146)s question regarding the application of the LomØ Convention to
Ethiopia and Eritrea, the Council proceeds on the assumption that the two countries concerned are aware
of the provisions of Article 5 of the revised LomØ Convention. The Council reserves the right to review co-
operation with these two countries as the situation develops, especially in relation to respect for human
rights.

(2000/C 374 E/017)

WRITTEN QUESTION E-2784/99

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Compensation for relatives of victims following air crash

(18 January 2000)

Following the crash in northern Greece on 17 December 1997 of a Ukrainian Yakovlev belonging to
Aerosweet Airlines, which caused huge loss of life, the committee of inquiry into air accidents concluded
that responsibility lay with the airline, a fact that was not contested. To date no compensation or advance
on compensation has been paid to the victims(cid:146) relatives since the victims were identified, as required under
Council Regulation 2027/97 (1).

Not only does the airline appear reluctant to compensate them, it is even holding them in contempt in
various ways. In a letter to the Minister for Transport dated 23 April 1999, the Director-General of the
airline and a Ukrainian Government spokesman stated that unless Aerosweet flights to Greece continued,
its insurance company (Sedgewick Aviation Limited) would not pay out compensation to the victims(cid:146)
relatives.

In the light of this crude blackmailing of the victims(cid:146) relatives, will the Commission say:

1. Whether Aerosweet runs scheduled flights or charter flights to other Member States of the Union?

2. What Aerosweet(cid:146)s obligations are under Council Regulation 2027?

3.

In what way it may intervene, pursuant to Council Regulation 2027, to persuade the airline to
compensate the victims(cid:146) relatives, given that they are unable to meet the cost of a lengthy and
expensive legal battle?

(1) OJ L 285, 17.10.1997, p. 1.

Answer given by Mrs de Palacio on behalf of the Commission

(10 March 2000)

1.
According to available information, Aerosweet Airlines currently operates scheduled services from
Ukraine to Athens several times each week using Boeing 737 aircraft. The Commission has no information
about charter flights performed by Aerosweet Airlines.

28.12.2000

EN

Official Journal of the European Communities

C 374 E/15

Regulation (EC) 2027/97 of 9 October 1997 on air carrier liability in the event of accidents was
2.
published in the Official Journal on 17 October 1997, but did not enter into force until 17 October 1998.
Moreover, the main provisions of the Regulation,
including the requirements for advance payment of
compensation and the application of unlimited liability for death and injury, are not obligatory for carriers
from outside the Community. In this particular accident, therefore, the Regulation is not applicable and the
Warsaw Convention of 1929 is likely to govern and will probably limit the amount of compensation for
which the carrier is liable.

3.
The Commission is not in a position to intervene in this case. Faced with a clear conclusion in the
investigation of the accident, it would be usual for the airline to reach a settlement with the families of the
victims, however, if it proves impossible to reach such a settlement, there may be no option other than to
bring the matter before a court. It is understood that the families of some victims have taken this step.

(2000/C 374 E/018)

WRITTEN QUESTION E-2785/99

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 January 2000)

Subject: Destruction of a Natura 2000 protected area by an EU-funded project

It is claimed that the Aliakmon Gorge area, which is protected under the Habitat(cid:146)s Directive, 92/43 (1)
(Natura 2000) as a priority habitat, is being devastated by a series of works being carried out in the course
of the construction of the Veria-Polymylos section of the Egnatia highway. More specifically, the contractor
for this project is, in breach of environmental regulations, extensively dumping spoil on the hillsides above
the river, although it is required to deposit the spoil at specially designated points.

As this is destroying an area of exceptional beauty by virtue of the wealth of its flora and fauna, what
action does the Commission intend to take to halt the destruction of the environment by this contractor?
What action will it take against those responsible to oblige them to restore the site to its original state?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mr Barnier on behalf of the Commission

(20 March 2000)

The Greek authorities have informed the Commission that human error caused a landslide during the
construction of a small access road to the works site for the Veria-Lefkopetra section of the Egnatia
motorway.

Under the terms of the contract in force, the contractor (the Aktor (cid:129) Mechaniki (cid:129) Olympiaki Techniki (cid:129)
Korontzis construction consortium) is required to apply the environmental impact statement approved by
the Greek authorities for the project in question and to dump spoil away from the banks of the Aliakmon
river.

The Commission has reminded the company responsible for the Egnatia project, Egnatia Odos ITS, of the
need to comply with all the terms of the contract.