WRITTEN QUESTION P-0706/00 by Bart Staes (Verts/ALE) to the Commission. Amendments to the Netherlands Exceptional Medical Expenses Act.
Date: 2000-03-03
Institutions: European Parliament, Provisional data
Subjects: Belgium, Netherlands, health insurance, infringement of EU law, right of establishment

24.10.2000

EN

Official Journal of the European Communities

C 303 E/207

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 April 2000)

The Commission has asked the Member State concerned for information regarding the facts raised to by
the Honourable Member. It will inform her of its findings.

(2000/C 303 E/238)

WRITTEN QUESTION P-0706/00

by Bart Staes (Verts/ALE) to the Commission

(3 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.

1.
Does the decision by the Netherlands Government to exclude Netherlands nationals who reside
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 Commission 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)?

2.
Does the decision by the Netherlands Government violate the principle of trust, since the persons
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 Commission consider that the Netherlands(cid:146)
measure detracts from the principle of trust?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 April 2000)

According to the Commission(cid:146)s information, as of 1 January 2000, beneficiaries of long-term social
security benefits from the Netherlands (WAO, AOW) residing in another Member State, who are not
subject to the compulsory sickness insurance scheme but who are insured privately, are no longer covered
by the Exceptional Medical Expenses Act (AWBZ) and are no longer required to pay the corresponding
social contributions. The introduction of this residence clause has been accompanied by a transitional
measure allowing persons insured voluntarily prior to 1 January 2000 to retain entitlement to financial
compensation for the costs of certain forms of on-going hospital treatment, provided that the care is
necessary.

The Commission has received a large number of complaints from persons affected by this amendment to
the Netherlands law.

The Commission draws the Honourable Member(cid:146)s attention to the existence of Community provisions
coordinating the national social security systems, in particular Regulations (EEC) No 1408/71 and 574/72,
which are intended to coordinate the statutory social security schemes of
the Member States (last
consolidated version: Regulation (EC) No 118/97) (1).

Since those concerned are subject privately to the legislation on exceptional medical costs, the protection
guaranteed by Regulation (EEC) No 1408/71 mentioned above may not be invoked in this case.

C 303 E/208

Official Journal of the European Communities

EN

24.10.2000

Furthermore, Community law does not detract from the powers of the Member States to organise their
social security systems. In the absence of social security harmonisation at Community level, it is therefore
for the legislation of each Member State to determine the conditions concerning the right or duty to be
insured with a social security scheme and the conditions for entitlement to benefits. These principles result
from settled case-law of the Court of Justice, referred to in points 17 and 18 of the judgment given on
28 April 1998 (C-158/96).

It follows from the above that Community law cannot prevent the Netherlands (cid:129) whose social security
system is based on a condition of residence (cid:129) from making access to its legislation on exceptional medical
costs (AWBZ) subject to the condition of being resident in the Netherlands.

As regards the principle of legitimate expectations, it cannot be interpreted in such a way as to exclude
any amendment to the law which is compatible with Community law.

(1) OJ L 28, 30.1.1997.

(2000/C 303 E/239)

WRITTEN QUESTION E-0782/00

by Concepci(cid:243) Ferrer (PPE-DE) to the Commission

(16 March 2000)

Subject: Information for consumers on the health benefits of certain food products

Current legislation on food consumption does not allow consumers to be informed of the specific benefits
which some foodstuffs have for their health. Modern consumers are clearly facing disinformation which
may lead to an insufficient vitamin intake.

Bearing in mind how important it is to be able to reduce the risk of suffering certain illnesses thanks to the
consumption of certain foodstuffs, and to purchase foodstuffs safely, will the Commission make any
changes to the legislation in force in relation to nutritional
information so that consumers may be
informed of the specific benefits which certain food products have for their health?

Answer given by Mr Byrne on behalf of the Commission

(13 April 2000)

The Commission would refer the Honourable Member to its answer to written question E-0232/00 by
Mrs Thomas-Mauro (1).

(1) See page 164.

(2000/C 303 E/240)

WRITTEN QUESTION P-0787/00

by Pat Gallagher (UEN) to the Commission

(9 March 2000)

Subject: Socrates funding for minority language projects

Could the Commission state what European funding is available, and under which budget lines and
programmes, to support the production of Irish language subtitles for television programmes?

The production of these subtitles is in particular aimed at assisting the deaf.