WRITTEN QUESTION P-2634/99 by Bart Staes (Verts/ALE) to the Commission. 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/91 Answer given by Mr Patten on behalf of the Commission (2 February 2000) The purpose of the recent Commission report (1) mentioned by the Honourable Member was to assess the feasibility of negotiating a stablisation and association agreement with Albania. It identified important political, institutional and economic requirements for a successful participation of Albania in such perspective. It did not address the specific issue of the millenium bug in relation to Albania. The Commission did not receive detailed information from the Albanian authorities on their preparedness for the millennium bug. However, landing and take-off at Tirana (Rinas) airport takes place visually and the lighting system at night does not operate by computer. At the current stage, there are only very few flights from Community airports to Tirana and during night hours the airport is normally closed. Check-in systems are compliant given that they are extensions of systems in Western Europe, Swissair being its main user. The air space is controlled by a system of SITA (SociØtØ international de tØlØcommunications aØrienne) and according to Eurocontrol and other relevant sources it is considered that there is no major risk. (1) COM(99) 651 final. (2000/C 280 E/093) WRITTEN QUESTION P-2634/99 by Bart Staes (Verts/ALE) to the Commission (22 December 1999) 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 nationals of EU countries 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 as 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 Commission 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 Commission 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 Commission take to ensure that Swiss Government finds a fair and reasonable solution to this legal problem as soon as possible? Answer given by Mr Patten on behalf of the Commission (21 January 2000) The Commission is aware of a number of cases in which Community nationals have encountered difficulties in their dealings with Swiss insurance companies, following accidents in Switzerland. C 280 E/92 Official Journal of the European Communities EN 3. 10. 2000 These are cases governed by Swiss civil law and, as far as traffic accidents are concerned, by the green card agreement, which also falls under civil law. The Commission has no competences in this respect, and has no powers to deal with claims following from accidents in third countries, against insurance companies in these countries. These questions were not covered by the mandate for the negotiation of the seven sectoral agreements, and therefore it was not possible to include them in the negotiations. The result of the negotiations has been proposed by the Commission to the Council (1), and the agreements have been signed on 21 June 1999 in Luxembourg. It is now for the Parliament, the Member States and the Council to ratify the agreements on the basis of their own evaluation. The Commission has taken up this issue in a more general context with the Swiss authorities. It will again raise the issue at the next meeting of the joint committee of the insurance agreement, which will be held in spring 2000, even if strictly speaking this matter falls beyond the scope of this agreement. (1) COM(99) 229 final. (2000/C 280 E/094) WRITTEN QUESTION E-2640/99 by Antonios Trakatellis (PPE-DE), Ioannis Marínos (PPE-DE) and Konstantinos Hatzidakis (PPE-DE) to the Commission (12 January 2000) Subject: Legal arrangements for the awarding of contracts and the construction quality of projects in Greece Significant problems have arisen due to the inadequacy, lack of transparency and distortions in the institutional framework for the awarding of contracts and programmes, and because of the slipshod approach and inadequacy of the Greek inspection and supervisory authorities concerning the proper monitoring of Community projects under construction. In many instances the Commission has received complaints concerning the awarding of contracts, resulting in delays in the completion of contracts and possibly the loss of the corresponding Community appropriations. Given that the planned third Community support framework for Greece (2000-2006) provides for nine trillion drachmas for the implementation of various infrastructure projects and development programmes and given that further construction projects are envisaged with a view to the 2004 Olympic Games: 1. What is the situation in Greece as regards the incorporation into national law and the application of the Community rules on the legal arrangements for agreements and the allocation of contracts and programmes? 2. What assessment has been made of their application and what measures will the Commission take in the event of breach of Community rules or distortion of the operating conditions of the market in question? 3. In which Community projects has substandard work been identified by the special supervisory council (ESPEL) in Greece and in which of these have fines and sanctions been imposed on those responsible? 4. What will be done to ensure transparency, the credibility of the system for awarding and completing contracts and the elimination of substandard work in Greece, in order to bring about shorter delays, a higher utilisation rate of Community appropriations and better quality in the construction of projects? Answer by Mr Bolkestein on behalf of the Commission (1 March 2000) The Commission would like to inform the honourable Members that Greece has already transposed a number of directives on public contracts, namely Council Directives 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (1), 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (1), 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (2), and