WRITTEN QUESTION P-0705/00 by Nelly Maes (Verts/ALE) to the Council. Amendments to the Netherlands Exceptional Medical Expenses Act.
Date: 2000-03-02
Institutions: European Parliament, Provisional data
Subjects: Belgium, EU law, Netherlands, health insurance, right of establishment

21.11.2000

EN

Official Journal of the European Communities

C 330 E/207

(2000/C 330 E/239)

WRITTEN QUESTION E-0700/00

by James Nicholson (PPE-DE) to the Commission

(17 March 2000)

Subject: Canary Islands import regulations

Can the Commission explain why the Canary Islands have different regulations for importing certified seed
potatoes than other regions of the European Union and whether the present arrangements will ever
change?

Answer given by Mr Byrne on behalf of the Commission

(25 April 2000)

The Community plant health regime, established by Council Directive 77/93/EEC of 21 December 1976
on protective measures against the introduction into the Community of organisms harmful to plants or
plant products and against their spread within the Community (1) was adapted by Directive 94/13/EC (2) to
accommodate the specific plant health situation in the Canary Islands. The remote and insular nature of
the Islands and hence the peculiar plant health situation was acknowledged and the need for specific
provisions in the Annexes to the Directive for the protection of the Canary Islands was foreseen.

However, the practical implementation of the integration of the Canary Islands into the Community plant
health regime has not yet taken place, because an updated list specifying the harmful organisms of concern
to the Canary Islands, with an indication of the phytosanitary measures considered appropriate, to be
supplied by Spain, is still awaited.

Because of the exceptional geographical situation, which constitutes a severe handicap, the Canary Islands
also benefit from the application of Regulation 1601/92 which is a regime of exemption from levies
and/or customs duties on different products, including certified seed potatoes, imported directly from third
countries. The quantity of goods entitled to benefit from the regime is fixed yearly based on the supply
balance.

(1) OJ L 26, 31.1.1977, as last amended by Commission Directive 1999/53/EC, OJ L 142, 5.6.1999.
(2) OJ L 92, 9.4.1994.

(2000/C 330 E/240)

WRITTEN QUESTION P-0705/00

by Nelly Maes (Verts/ALE) to the Council

(2 March 2000)

Subject: Amendments to the Netherlands Exceptional Medical Expenses Act

In the Netherlands, everybody is covered by the Exceptional Medical Expenses Act (AWBZ). Since 1 January
2000, Netherlands nationals living abroad who are not insured with a health insurance fund have no
longer been covered by the AWBZ. However, Netherlands nationals residing in Belgium cannot subscribe
to a health insurance fund because Belgian social legislation regards this as incompatible with the Dutch
AWBZ facilities.

This is very much a Catch 22 situation: Netherlands nationals residing in Belgium must subscribe to a
health insurance fund in order to be entitled to AWBZ facilities, but Belgian health insurance funds refuse
to accept them as members because they are entitled to AWBZ facilities.

Does the decision by the Netherlands Government to exclude Netherlands nationals who reside
1.
abroad and are not insured with a health insurance fund from AWBZ facilities as of 1 January 2000
violate European law, inter alia the freedom of citizens and patients to settle in other EU Member States
(ECJ, 28 April 1998, no. C-158/96)? (a) If so, what will the Council do to remedy this situation? (b) If not,
does not the Netherlands Government(cid:146)s measure detract from European law, inter alia the freedom of
citizens and patients to settle in other EU Member States (ECJ, 28 April 1998, No C-158/96)?

C 330 E/208

Official Journal of the European Communities

EN

21.11.2000

Does the decision by the Netherlands Government violate the principle of trust, since the persons
2.
concerned have moved abroad in good faith in the knowledge that they will continue to enjoy full cover
for medical expenses under the AWBZ? If not, does not the Council consider that the Netherlands(cid:146) measure
detracts from the principle of trust?

Reply

(2 May 2000)

The matter raised by the Honourable Member does not fall within the Council(cid:146)s powers. In accordance
with the Treaty, it is for the Commission to ensure that Community law is applied and, where appropriate,
to submit to the Council, or jointly to the European Parliament and to the Council, legislative proposals on
matters within the Community(cid:146)s sphere of competence.

(2000/C 330 E/241)

WRITTEN QUESTION E-0712/00

by Glyn Ford (PSE) to the Commission

(17 March 2000)

Subject: Amending Directives 98/95/EC and 98/96/EC

Can the Commission indicate whether either of these Directives 98/95/EC (1) and 98/96/EC (2) prevents the
UK Government from maintaining the 1982/844 UK statutory instrument(cid:146)s provision of public consulta-
tion (part 3 paragraph 21-30)?

(1) OJ L 25, 1.2.1999, p. 1.
(2) OJ L 25, 1.2.1999, p. 27.

Answer given by Mr Byrne on behalf of the Commission

(18 April 2000)

Articles 21-30 of Part III of the United Kingdom(cid:146)s Seeds (National List of Varieties) Regulations 1982 make
provision for a public consultation procedure prior to the adoption of decisions by the United Kingdom
authorities concerning the registration, refusal of registration, renewal or withdrawal of registration in the
National List of a seed or of a maintainer. These provisions do not derive from a Community obligation
and are therefore the result of a decision by the United Kingdom legislature.

Directives 98/95/EC (1) and 98/96/EC (2) have no effect on the possibility of maintaining the provisions
referred to above. In any event, the decisions adopted by the national authorities following the consulta-
tion procedure must comply with the general and specific provisions of the EC Treaty or of acts adopted
by the institutions pursuant thereto.

(1) Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market,
genetically modified plant varieties and plant genetic resources, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC,
66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal
seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of
agricultural plant species.

(2) Council Directive 98/96/EC of 14 December 1998 amending, inter alia, as regards unofficial field inspections under
Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the
marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed
and on the common catalogue of varieties of agricultural plant species.