WRITTEN QUESTION E-2943/01 by Bart Staes (Verts/ALE) to the Commission. Protracted settlement procedures following (road) accidents in Switzerland.
Date: 2001-10-24
Institutions: European Parliament, Provisional data
Subjects: Switzerland, conciliation procedure (part of ordinary legislative procedure), motor vehicle insurance, transport accident

4.7.2002

EN

Official Journal of the European Communities

C 160 E/49

As already expressed in its answer to the Honourable Member’s Written Question E-1569/01 (1), the
Commission will consider appropriate measures to ensure that the classification and labelling of explosive
and pyrotechnic products, in particular those imported from third countries, is carried out correctly and
therefore reflects the proper hazard potential of the products.

In this context, the Commission emphasises that the important rules are in place, including the general
products safety Directive, Council Directive 92/59/EEC (2), and that one of the main current weaknesses lies
in the area of enforcement. Clearly, the level of enforcement in the Member States could be raised so that
the importation of incorrectly labelled explosives from third countries will in the future be avoided.

(1) See page 2.
(2) OJ L 228, 11.8.1992.

(2002/C 160 E/054)

WRITTEN QUESTION E-2943/01

by Bart Staes (Verts/ALE) to the Commission

(24 October 2001)

Subject: Protracted settlement procedures following (road) accidents in Switzerland

In answer to question E-1080/0 (1), the Council says that the Commission has taken the initiative of
conducting negotiations with the Swiss Confederation on improving settlement procedures in the case of
accidents in Switzerland involving, for example, a vehicle insured in Switzerland and a vehicle insured in a
Member State of the Community. As the fourth directive on motor vehicle insurance affords no solution to
this problem, the scope of the directive should nonetheless urgently be extended to prevent protracted
claims procedures between EU victims and Swiss insurance companies in the near future.

Loop-holes in Swiss legislation enable insurance companies to withhold for a very long time the payment
of damages resulting from civil liability. This source of legal uncertainty affects EU citizens who are victims
of (road) accidents in Switzerland. They become caught up in a legalistic procedural wrangle with no
prospect of compensation within a reasonable period of time. One of the victims is a citizen of the Belgian
Federation who has been waiting for a number of years for speedy, equitable and fair compensation.

Will the Commission take the initiative with regard to negotiations with the Swiss Confederation on the
above problem by making a recommendation, as set out in Article 300 of the Treaty? If not, why is it
refusing to take such an initiative given that the fourth directive on motor vehicle insurance is inadequate
to ensure a speedy, fair and reasonable solution for EU victims of accidents in Switzerland?

(1) OJ C 364 E, 20.12.2001, p. 41.

Answer given by Mr Patten on behalf of the Commission

(30 November 2001)

As indicated in the previous replies, the Commission has pursued further the exploratory talks with the
Swiss Confederation on the extension of the protection provided by the Fourth Directive (1) on motor
vehicle insurance to claims against Swiss insurance companies. However, the analysis of the current

C 160 E/50

Official Journal of the European Communities

EN

4.7.2002

situation has shown that the legal shortcomings as such are not substantial and that in general claims are
usually settled within a reasonable timeframe. With regard to the specific case of a Belgian citizen it
appears that the available legal instruments should not be blamed as the reason for the long duration of
the procedure.

(1) Directive 2000/26/EC of the Parliament and of the Council of 16 May 2000 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 Directive 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive), OJ L 181, 20.7.2000.

(2002/C 160 E/055)

WRITTEN QUESTION E-2947/01

by Christoph Konrad (PPE-DE) to the Commission

(25 October 2001)

Subject: EU provisions for insurance brokers

To what extent is the process of European integration changing the requirements to be met in order

1.
to work as an insurance and financial services broker?

2.
Is higher specialised insurance officer training in Germany (examined by the Chamber of Industry
and Commerce @ (IHK)) adequate to enable a person to continue to work as a broker? To which authority
can applications be made, if necessary, for certificates of equivalence? Should that training no longer be
adequate, what transitional periods apply before other qualifications alone are accepted?

3. Who offers recognised qualifications or further training for insurance and financial services brokers?

4. What level of funds must be furnished in future to cover consequential loss liability insurance? Is a
bank guarantee sufficient for this purpose?

Should an insurance and financial services broker not meet the new conditions governing brokerage

5.
work, how are business bases which have already been built up affected by the new provisions?

Answer given by Mr Bolkestein on behalf of the Commission

(28 November 2001)

As matters stand, Member States are not obliged to lay down professional requirements for persons taking
up insurance brokering activities. Commission Recommendation 92/48/EEC of 18 December 1991 on
insurance intermediaries (1) calls on Member States to establish such requirements and a register of
insurance intermediaries. However, in so far as they exist, the requirements in force in the Member States
have not yet been harmonised, creating obstacles to the taking up of those activities in the single market
by virtue of freedom of establishment and freedom to provide services. They also raise problems of
transparency as regards the status and professional qualifications of insurance brokers, which does not help
to ensure a high level of protection for policyholders.

This is why the Commission has presented a proposal for a Parliament and Council Directive on insurance
mediation (2) with a view to coordinating the relevant national provisions. It provides for the registration of
insurance intermediaries in their home Member State, provided that they meet professional requirements
in relation to their competence, good repute, professional
indemnity cover and financial capacity.
Registration allows them to take up and pursue the activity of insurance intermediary anywhere in the
Community, subject to supervision by the home Member State (Article 3-9), by virtue of freedom of
establishment and freedom to provide services. The proposal also sets out the information to be provided
to policyholders (Articles 10-11).