WRITTEN QUESTION E-2013/99

by Antonio Tajani (PPE-DE) and Enrico Ferri (PPE-DE) to the Commission

(9 November 1999)

Subject: Breach of the rules on competition and on the freedom to supply services by Italian legislation on public and private health care

It has come to our notice that certain associations representing private Italian healthcare institutions (Snubalp, FIOSP, URSAP) have lodged an appeal with the Commission asking it to determine whether Community rules on competition and on the freedom to supply services have been breached by Italian legislation on public and private health care, in the following areas:

- conflict of interest and abuse of dominant market position by the ASL (local health authorities), which combine market-regulation functions with the provision/supply and purchase/payment of services (legislative decrees No 419 of 30 November 1998 and No 229 of 19 June 1999);

- segmentation of the healthcare market and discrimination against non-Italian healthcare providers. Charges are set in an authoritative manner (ministerial decree 22.7.1996) and so low that it is effectively impossible for service providers from other EU Member States to enter the market and obtain reasonable profit margins. It is well known aware that healthcare services are not excluded from the regulations on the freedom to provide services.

The interpretation provided by the above associations is also endorsed by the Italian Competition and Market Authority, which issued two opinions to that effect respectively on 25 June 1998 and 20 May 1999.

In the light of the above, can the Commission say whether the appeal is being followed up appropriately, which departments and officials are dealing with the case and what stage has been reached in proceedings?

Answer given by Mr Monti on behalf of the Commission

(23 November 1999)

It is true that certain associations representing private Italian healthcare institutions lodged a complaint with the Commission in January 1999. The complaint concerned an alleged breach of the rules on competition and the freedom to supply services by Italian legislation on public and private health care.

The previous Commissioner responsible for competition policy replied by letter dated 6 April 1999 to a letter from Mr Ferri and confirmed that the Commission would do its best to investigate the case and reach a conclusion as soon as possible on whether or not there had been a breach.

Since the complaint alleges a breach of several provisions of Community law, various Commission departments are having to cooperate on the case. Those with particular responsibility are the Directorates-General for Competition and the Internal Market.

These departments have already begun their initial analysis of the complaint on the basis of the information provided by the associations which lodged it. Talks were organised between Commission representatives and the complainants' lawyer. The Competition Directorate-General has also contacted the Italian Competition Authority to obtain additional information. The Italian Government will also be asked to submit any comments it may have on the complaint.

Thus, the requisite attention has been and continues to be given to this complaint. Since the investigation has not yet been completed and neither the associations which brought the complaint nor the Italian Government have been informed of the initial findings, it would not be appropriate for the Commission to give its view here on whether or not the Italian legislation concerned is compatible with Community law. The Commission will not fail to inform the Honourable Members of its final conclusions.