WRITTEN QUESTION P-1530/01 by Bart Staes (Verts/ALE) to the Commission. Long settlement procedures following road accidents in third countries.
Date: 2001-05-15
Institutions: European Parliament, Provisional data
Subjects: EU Member State, EU law, accession to the European Union, redemption, third country, transport accident, transport insurance, vehicle documents

18.4.2002

EN

Official Journal of the European Communities

C 93 E/13

(2002/C 93 E/014)

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.

insurance
Nevertheless, the Commission has started consultations with the Member States’ authorities,
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.

C 93 E/14

Official Journal of the European Communities

EN

18.4.2002

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 A OJ L 181, 20.7.2000.

(2002/C 93 E/015)

WRITTEN QUESTION P-1559/01

by Olivier Dupuis (TDI) to the Council

(21 May 2001)

Subject: Observer status for Taiwan at the World Health Organisation

Six United Nations Member States A El Salvador, Honduras, Palau, Panama, São Tomé and Príncipe and
Senegal A have written to the WHO to request observer status for Taiwan at that organisation. On
24 April, the US House of Representatives adopted a resolution calling on Secretary of State Collin Powell
to support this move to obtain observer status for Taiwan at the WHO. The WHO’s Executive Board is due
to consider the request at the nine-day meeting that will open next week in Geneva.

Does the Council intend to support this initiative to obtain observer status for Taiwan at the WHO? If so,
what steps does the Council intend to take to actively support this legitimate request? More generally, does
the Council agree that the Union ought to take other initiatives to ensure that Taiwan can obtain observer
status at least at all the international organisations?

Reply

(10 December 2001)

The Council did not support Taiwan’s application for observer status at the WHO. While the Council
would welcome a greater exchange of information between the WHO and Taiwan, it would not support
the granting of a status to Taiwan in this or any other UN organisation which was inconsistent with its
commitment to the principle of ‘One China’ or the rules and regulations governing observer status in that
organisation.

(2002/C 93 E/016)

WRITTEN QUESTION E-1610/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(1 June 2001)

Subject: Maltese as an official EU language

Will Maltese become an official
preparations are being made for Maltese becoming an official EU language?

language of the EU if Malta joins the European Union and what