WRITTEN QUESTION E-2198/00 by Gilles Savary (PSE) to the Commission. European coordination of insurance provisions.
Date: 2000-07-03
Institutions: European Parliament, Provisional data
Subjects: France, Spain, appeal, indemnification, legal basis, motor vehicle, third-party insurance

3.4.2001

EN

Official Journal of the European Communities

C 103 E/85

Could the Commission ascertain whether or not, in view of the proximity of the above-mentioned railway
line,
the buildings concerned in Puerto del Grau is compatible with
Community law governing the transportation of hazardous substances?

the planned construction of

In view of the fact that 60 % of the total cost of the planned extension to the port at Castell(cid:243)n is to be paid
out of the ERDF, does the Commission consider that the project satisfies the principles and objectives for
which such funding was requested? In its reply, could it state precisely what objectives were contained in
the application for ERDF funding which was submitted by the Spanish authorities?

(1) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(7 September 2000)

The Commission was not aware of the situation the Honourable Member has described. It has yet to
receive any complaint that the project in question has failed to comply with Community directives.
Nonetheless,
it will question the Spanish authorities shortly to ensure that the Community directives
applicable in this instance are indeed being complied with.

As for Community law on the transport of dangerous goods by rail, Council Directive 96/49/EC of 23 July
1996 on the approximation of the laws of the Member States with regard to the transport of dangerous
goods by rail (1) includes provisions on the classification, packaging and labelling of such substances as well
as provisions applicable to the wagons used for this type of transport. The Directive ensures a high level of
safety in the transport of such goods by rail, but does not deal with the question of land use in the vicinity
of railway tracks.

The Commission confirms that a project to extend a quay at the port of Castell(cid:243)n costing approximately
€ 18 million was allocated Structural Fund assistance in the 1994-1999 regional programme for Valencia.
However, as is normal, this individual project was selected by the Spanish authorities concerned in
accordance with the provisions of the programme and the Commission is not aware of any particular
aspects of the request made to them.

(1) OJ L 235, 17.9.1996.

(2001/C 103 E/092)

WRITTEN QUESTION E-2198/00

by Gilles Savary (PSE) to the Commission

(3 July 2000)

Subject: European coordination of insurance provisions

A French national,
reimbursement by his French insurance company on the grounds that the Spanish driver is not insured.

involved in a road accident in Spain with a Spanish national, has been refused

On what Community or intergovernmental provisions can the plaintiff base an appeal for damages?

What court action can the French victim of this road accident take under the existing legislation?

Answer given by Mr Bolkestein on behalf of the Commission

(28 July 2000)

The Honourable Member is referred to Article 1(4) of
the second Council Directive 84/5/EEC of
30 December 1983 on the approximation of the laws of the Member States relating to insurance against

C 103 E/86

Official Journal of the European Communities

EN

3.4.2001

civil liability in respect of the use of motor vehicles (1), which provides for the setting up or authorisation
of a body with the task of providing compensation for victims of accidents resulting from the use of motor
vehicles where the vehicle which caused the accident is not insured or is not identified. The guarantee fund
is the corollary of compulsory insurance; if the insurer evades that obligation, another body must cover the
risk and pay in his place.

With regard to the case referred to by the Honourable Member, if the uninsured vehicle which caused the
accident was registered in Spain, the guarantee fund of that State must provide compensation in the
absence of an insurer who could cover the risk. The interested party must contact that body direct, and the
body must reply with grounds for its action.

The Directive is the second in a series of four directives to facilitate the use of motor vehicles and to
protect the interests of victims of road accidents in the Community, irrespective of the place where the
accident happens. The first Council Directive 72/166/EC of 24 April 1972 on the approximation of the
laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles,
and to the enforcement of the obligation to insure against such liability (2), made it compulsory to insure
against civil liability throughout the Community. The second and third directives (84/5/EEC and 90/232/
EEC (3)) extended and reinforced that protection. These directives cover accidents resulting from the use of
motor vehicles in the victim(cid:146)s state of residence, caused by vehicles registered and insured in that country
or in another Member State. Council Directive 90/618/EEC of 8 November 1990 amending, particularly as
regards motor vehicle insurance, Directives 73/239/EEC and 88/357/EEC, which concern the coordination
of laws, regulations and administrative provision relating to direct insurance other than life assurance (4),
puts on the same footing situations where the accident occurs in the victim(cid:146)s country and the vehicle,
while registered in that country,
is insured by an insurance company of an another Member State,
operating as service providers.

Lastly, the aim of the Parliament and Council directive on the approximation of the laws of the Member
liability in respect of the use of motor vehicles, amending
States relating to insurance against civil
Directives 73/239/EEC and 88/357/EEC (fourth motor vehicle
insurance directive), adopted on
16 May 2000 (5), is to improve the current system with regard to the compensation of persons who,
during a temporary stay in a Member State other than their state of residence, suffered an injury caused by
a vehicle registered and insured in a Member State other than their state of residence. Article 7 states that
if identification of the vehicle is not possible or if within a period of two months following the accident,
the insurance company cannot be identified, the injured party can submit a claim for compensation to the
compensation body of the Member State where he resides. Following publication in the Official Journal,
Member States have 24 months to transpose the directive into their internal law.

(1) OJ L 8, 11.1.1984.
(2) OJ L 103, 2.5.1972.
(3) OJ L 129, 19.5.1990.
(4) OJ L 330, 29.11.1990.
(5) OJ L 181, 20.7.2000.

(2001/C 103 E/093)

WRITTEN QUESTION E-2201/00

by Sebastiano Musumeci (UEN) to the Commission

(3 July 2000)

Subject: Damage caused by showers of ash from Mount Etna

For the past few months the eruptive activity of Mount Etna, in Sicily, has caused constant showers of
ashes and small stones to fall over areas up to tens of kilometres away from the volcano, causing severe
damage to villages and to fruit and vegetable production on the surrounding farms.