WRITTEN QUESTION E-2415/00

by María Sornosa Martínez (PSE) to the Commission

(18 July 2000)

Subject: Need for legislation on the movement, on medical grounds, of patients on waiting lists between Member States the case of Spain

A serious public health problem has recently come to light in Spain following the death of several people who were unable to undergo operations owing to long waiting lists for operations, visits to specialists and diagnostic tests in hospitals in the public sector. The situation is relatively serious throughout Spain; in the Autonomous Community of Valencia, for instance, there are waits of up to 18 months for echocardiographs, whilst the shortage of beds for the chronically or terminally ill is estimated at 3 200.

This situation is unacceptable and, moreover, constitutes a clear breach of Article 152 of the Treaty, which lays down the need for a high level of human health protection.

Taking into consideration:

- the Council resolution of 18 November 1999 called on the Member States and Community institutions to guarantee health protection in all Community policies and action.

- the Council resolution of 8 June 1999 highlighted the important need for the new Community health programme to foster and support cooperation amongst the Member States.

- in the conclusions to its meeting in Barcelona on 31 June 2000, Forum Sanitatis, bringing together professionals from the world of medicine, called on the EU to introduce regulations on the movement of patients on waiting lists.

- on 16 June last, in a speech to the European Parliament, Commissioner Byrne undertook to guarantee a high level of health protection under the new programme of action for health and to call the Member States to account, despite the fact that health-related matters have been delegated to regional or local government.

In view of the above, what measures does the Commission intend to take in order to uphold Article 152 of the Treaty where the serious problem of waiting lists which has come to light in Spain is concerned?

Which of the three main thrusts of the programme for health makes provision for measures to alleviate this shortcoming in the health system, which is jeopardising the lives of citizens waiting for treatment?

Would the Commission be prepared to introduce legislative measures to regulate the movement of patients on waiting lists between the various Member States of the Community?

Answer given by Mr Byrne on behalf of the Commission

(25 September 2000)

The Commission is aware of the problem of patient waiting lists in several Member States.

A host of factors, including increasing costs, demographic trends, new and expensive medical technologies and increased public expectations contribute to this problem, which is, however, for the Member States to deal with as part of their responsibility for the organisation and delivery of health services and medical care.

The Community can help the Member States to improve their health systems and ensure a high level of health protection. To this end, the Commission put forward a proposal for a decision of the Parliament and the Council adopting a programme of Community action in the field of public health (2001-2006)(1), which includes actions such as developing and operating a Community network to monitor, undertake analysis and provide advice on clinical guidelines and quality and good practice in health care interventions; presenting reviews, advice and guidelines on health technologies, health interventions and quality and good practice; and identifying key information about health and health services, including issues related to access and entitlements.

This proposal is at present being discussed by Council and Parliament.

Clearly, Article 152 (ex Article 129) of the EC Treaty does not give any mandate to the Community to bring forward legislation concerning the organisation and delivery of health services and medical care, and explicitly excludes measures aimed at the harmonisation of the laws and regulations of the Member States (with the exception of measures in the field of veterinary and phytosanitary legislation, and measures in relation to the quality and safety of organs and substances of human origin, blood and blood derivatives).

(1) COM(2000) 285 final of 16.5.2000.