WRITTEN QUESTION E-2656/99 by Bart Staes (Verts/ALE) to the Council. Compensation of EU citizens in the case of road accidents in Switzerland.
3. 10. 2000 EN Official Journal of the European Communities C 280 E/95 (2000/C 280 E/096) WRITTEN QUESTION E-2656/99 by Bart Staes (Verts/ALE) to the Council (13 January 2000) Subject: Compensation of EU citizens in the case of road accidents in Switzerland Loopholes in Swiss legislation allow insurance companies to delay paying compensation in respect of third party liability. This source of legal uncertainty also affects EU citizens who are the victims of road accidents in Switzerland. They find themselves involved in legal proceedings without any prospect of obtaining fair compensation within a reasonable period of time. The forthcoming ratification of the transport agreement between Switzerland and the EU in the course of 2000 should be taken as an opportunity to resolve this legal problem as soon as possible. EU citizens in Switzerland are entitled to the same protection which Swiss nationals enjoy in the fifteen Member States of the EU. It is also worth noting that former Commission President Santer was informed of this problem in writing on 12 March 1998 and 27 July 1998 (letters from Dr Eric Suy, president of VTB-VAB and Belgiumís Deputy Prime Minister, Elio de Rupo). 1. What action has the Council taken to remedy the loopholes in Swiss legislation, which result in a lack of legal certainty in the case of road accidents in Switzerland? 2. Will the Council take advantage of the ratification procedure for the transport agreement between Switzerland and the EU to demand from the Swiss Government a rapid, fair and reasonable solution to this legal problem? If not, why not? 3. What further steps will the Council take to ensure that the Swiss Government finds a fair and reasonable solution to this legal problem as soon as possible? Reply (16 March 2000) In respect of the elements of the question that fall within the Councilís competence, the Council would like to state the following: 1. The Council considers that the transport agreement with Switzerland constitutes a balanced set of reciprocal rights and obligations. It is in the interest of the Union that it can enter into force as soon as possible. The said agreement does not cover insurance matters. 2. 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 aimed at creating simplified administrative and legal procedures to speed up the payment of compensation by the liability insurer of the responsible party. After the Parliament approved amendments at its Plenary Session of 15 December 1999, this proposal is entering into a conciliation procedure in the near future. 3. In particular, as regards accidents between Community residents and residents of Switzerland and improving the compensation practices of Swiss companies relating to such accidents, this could only be achieved through negotiating a bilateral agreement concerning compensation for traffic accidents between the parties concerned. 4. Notwithstanding the absence of any mandatory compensation framework, it is always possible for insurance companies to conclude voluntary agreements regarding compensation practices