WRITTEN QUESTION E-2583/98

by José Barros Moura (PSE) to the Commission

(1 September 1998)

Subject: Practical aspects of the free movement of persons

Two citizens of different Member States (an Italian woman and a Portuguese man) decide to get married or live together. Accordingly, one of the two is obliged to move to the Member State of the other, giving up his or her job or taking leave on personal grounds or some similar arrangement. In most circumstances, the partner who moves will inevitably have difficulties in achieving integration, in terms of circumstances and opportunities, in the host country.

Is it possible, given the particular and specific nature of this situation, to recognise at Community level the right of such citizens to retain their existing welfare entitlements (especially as regards medical assistance) in their Member State of origin, irrespective of which Member State they are living in at the moment when they need to make use of those entitlements?

As far as medical assistance is concerned, it ought not to be necessary to resort to the cumbersome red tape entailed by forms E111 and E112; in the case of the latter, eligibility is dependent on a long-winded procedure.

Where it is necessary to resort to form E112, should it not be possible, in the case of the woman concerned, for instance to be able to return, when she decides to have a child, to her country of origin and give birth to the child there, in order to be near her immediate family (i.e. her parents) and on emotional and human grounds?

A further question arises in relation to form E112: should one of the partners concerned, at a certain age, have problems that necessitate an operation and therefore require regular check-ups by his or her personal or family doctor, or treatment of a specific nature, should that person not be able to exercise the right to return to his or her Member State of origin without having to go through the E112 procedure? Equally, should the costs of treatment not be borne by the Member State of origin rather than that of residence?

Answer given by Mr Flynn on behalf of the Commission

(9 October 1998)

The social security systems of the Member States are coordinated by Council Regulations (EEC) 1408/71 and 574/72(1). It must be noted, however, that the Regulations only aim at coordinating and not harmonising the national social security schemes. Member States are free to decide which benefits they provide and how they organize or finance their different social security systems.

A person who, following marriage to a citizen of another Member State, moves to the Member State of the spouse will usually become entitled to protection in the field of health care in the new Member State of residence. If the person concerned wants to return to his Member State of residence in order to seek special medical treatment the rules in Regulation (EEC) 1408/71 require a prior authorization by the health care system in the Member State of residence. If the person receives prior authorization (form E 112) the Member State of residence guarantees to cover the costs as if the person were entitled to the benefits in the Member State where the treatment is sought.

The Administrative commission on social security for migrant workers has previously considered the possibility of reaching a common interpretation under which the delivery of a child in another Member State would automatically be treated as a case of urgent need. This would mean that prior authorisation via form E 112 would no longer be required. Unfortunately it was not possible to achieve unanimous agreement on this issue. There was concern with the fact that the Member State of residence would be obliged to reimburse to the other Member State the full medical costs of the birth, even where these costs were considerably higher than in their own system.

(1) Amended and updated by Regulation (EC) 118/97 - OJ L 28, 30.1.1997.