WRITTEN QUESTION No. 2341/97 by Stephen HUGHES to the Council. Variations in rules for car drivers
C 102/30 EN Official Journal of the European Communities 3. 4. 98 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (2) is also relevant in this connection. Article 4(b)(iv) of that Directive specifies that the organiser and/or retailer must provide the consumer, in good time before the start of the journey, in writing or any other appropriate form, with information on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness. As regards the situation described by the Honourable Member, which concerns the exclusion of non-UK nationals from holiday insurance cover, the Commission takes the view that this conduct probably reflects the commercial policy of the insurance company or travel agency through which the holiday was booked rather than discrimination on the grounds of nationality, for which a Member State would be responsible. The Commission is not competent to rule on proceedings for breach of contract which may be instituted by consumers against the travel agency or insurance company. The domestic courts are competent to settle such matters and to determine whether amounts paid for holiday insurance cover which is included in the overall cost of a package but from which certain consumers are apparently excluded should be reimbursed. In that context, the requirement set out in the package tours Directive to provide consumers with appropriate information could be taken into consideration. (1) OJ L 339, 27. 12. 1984. This Directive was last amended by the Third Council Directive 92/49/EEC (OJ L 228, 11. 8. 1992) and European Parliament and Council Directive 95/26/EEC (OJ L 168, 18. 7. 1995). (2) OJ L 158, 23. 6. 1990. (98/C 102/43) WRITTEN QUESTION E-2341/97 by Stephen Hughes (PSE) to the Council (18 July 1997) Subject: Variations in rules for car drivers Could the Council list which Member States: 1. Require a warning triangle to be carried in a car; 2. Require a fire extinguisher to be carried in a car; 3. Allow a sealed gallon of petrol to be carried in the boot of the car? Answer (10 November 1997) The Council does not have the information requested by the Honourable Member at its disposal. (98/C 102/44) WRITTEN QUESTION E-2348/97 by Patricia McKenna (V) to the Council (18 July 1997) Subject: Bringing Khmer Rouge leaders to trial A recent report by Amnesty International called on the international community to help bring Khmer Rouge leaders who are believed to have been responsible for gross human rights abuses in Cambodia to justice and to ensure that they receive fair trials