WRITTEN QUESTION E-0919/01

by Rosa Díez González (PSE) and María Sornosa Martínez (PSE) to the Commission

(28 March 2001)

Subject: Implementation of the Annex to Decision 647/97 (Support for persons with HIV/AIDS and combating discrimination) in Spain

By means of a decree issued in March 2000, the Spanish Government considerably tightened up the conditions for granting invalidity status to AIDS sufferers. As a result, over one hundred of the 11 000 HIV-positive recipients of an invalidity pension have already lost their entitlement to it.

Prior to the decree's entry into force, disability caused by AIDS was assessed solely on the basis of the number of CD4 cells in the immune system and the opportunistic infections caught by sufferers. Since March 2000 other factors have been taken into consideration, particularly the number of admissions to hospital. Prior to the advent of combination therapies, the CD4 count rarely improved. This meant that patients continued to be entitled to benefits since their degree of disability remained the same(1).

According to the Apoyo Positivo association, an AIDS support group, the decision to change the criteria for the recognition of disability and to include the requirement of a minimum number of admissions to hospital per year represents a de facto tightening up of the conditions of eligibility for the ESP 40 000 which are the sole income of many HIV-positive persons.

Given that the objectives of Decision 647/96/EC(2) adopting a programme of Community action on the prevention of AIDS and certain other communicable diseases (currently in the process of being revised) include support for persons with HIV/AIDS and combating discrimination (Article 1(3)(D)) and ensuring that they are not discriminated against in any way (Annex), would the Commission state whether:

- it would not agree that the measures set out in the new decree adopted by the Spanish Government are contrary to the provisions of Decision 647/96/EC?

- it is willing to contact the Spanish authorities with a view to looking into the specific issue of the change in criteria for the granting of assistance to HIV-positive persons?

(1) Under the current provisions, patients with a CD4 count of less than 200 (category C3) have a 65 % degree of disability and qualify for a pension. Conversely, patients with a CD4 count of over 500 (category C1) do not qualify for any benefits at all.

(2) OJ L 95, 16.4.1996, p. 16.

Answer given by Mr Byrne on behalf of the Commission

(30 May 2001)

Decision No 647/96/EC of the Parliament and of the Council of 29 March 1996 adopting a programme of Community action on the prevention of AIDS and certain other communicable diseases within the framework for action in the field of public health (1996 to 2000)(1), encourages and promotes activities aimed at avoiding discrimination against persons suffering from acquired immune deficiency syndrome (AIDS).

Accordingly, the Commission supports relevant projects in this field providing a European added value. On the other hand, the treatment and the criteria for the recognition of disability due to any illness are dealt with at national level.

Consequently, the decision of the Spanish Government to change the criteria for the recognition of disability and to include the requirement of a minimum number of admissions to hospital per year is not contrary to the provisions of Decision No 647/96/EC. Therefore, the Commission does not intend to contact the Spanish authorities with a view to looking into this specific issue.

(1) OJ L 95, 16.4.1996.