WRITTEN QUESTION E-2128/00 by Sebastiano Musumeci (UEN) to the Commission. Reimbursement of medical expenses for Italian nationals abroad.
Date: 2000-06-30
Institutions: European Parliament, Provisional data
Subjects: Italy, Sicily, competence of the Member States, equal treatment, health expenditure, infringement of EU law

C 103 E/68

Official Journal of the European Communities

EN

3.4.2001

Answer given by Mrs de Palacio on behalf of the Commission

(11 September 2000)

In its letter dated 7 September 1999 the Commission informed the Italian authorities of the incompat-
ibility with the provisions of Community law of certain clauses of legislative decree No 18 of 13 January
1999 transposing into Italian law Council Directive 96/67/EC of 15 October 1996 on access to the
groundhandling market at Community airports (1). Indeed, those clauses are intended to prevent the full
implementation of the Directive by restricting the right of access to the market, more particularly by
requiring that staff be retained or that existing contracts continue.

The Commission would like to stress that an infringement procedure has been introduced. After various
exchanges of views with the Italian authorities, the Commission has now sent a warning letter dated 3 May
2000 asking the Italian authorities to pass on their comments within two months.

In accordance with the rules laid down by the EC Treaty, the Commission has the option, in the absence of
any reply by a Member State, or where that Member State gives an unsatisfactory reply, to deliver a
reasoned opinion urging it to adhere to the Community principles within the given deadline. The matter
may only be laid before the Court of Justice at a subsequent stage of the procedure.

That information had already been covered by a Commission letter to the ADUC (Associazione per i diritti
degli utenti e consumatori) on 30 May 2000. Moreover, that association had been kept informed of
developments in the procedure.

(1) OJ L 272, 25.10.1996.

(2001/C 103 E/072)

WRITTEN QUESTION E-2128/00

by Sebastiano Musumeci (UEN) to the Commission

(30 June 2000)

Subject: Reimbursement of medical expenses for Italian nationals abroad

The Ministerial Decree of 3 November 1989 (published in the Italian Official Gazette No 273 of
22 November 1989) concerning the criteria for using highly specialised health care facilities abroad
makes provision for the partial reimbursement of expenses incurred by Italian nationals resident in Italy for
health care which is unavailable in Italy.

Article 6, paragraph 11 states that 80 % of the travelling expenses of the patient and a companion may be
reimbursed if air travel was authorised beforehand.

However, Article 1 of the Regional Decree of 15 March 1990 issued by the Region of Sicily states that the
flat rate reimbursement for the travelling and subsistence expenses actually incurred and documented is to
be 60 % of the total cost for those with an income of up to LIT 20 million per year, 50 % for an income of
up to LIT 35 million and 40 % for an income of up to 50 million.

Does the Commission not consider that the Regional Decree (cid:129) apart from discriminating against Sicilian
citizens who, if they have to use health facilities abroad cannot benefit from the above-mentioned refunds
(cid:129) conflicts with Article 2 of the EC Treaty?

Can it take steps to put an end to this regrettable situation?

3.4.2001

EN

Official Journal of the European Communities

C 103 E/69

Answer given by Ms Diamantopoulou on behalf of the Commission

(13 September 2000)

The Honourable Member(cid:146)s question concerns the rate of reimbursement of travel expenses, under a Sicilian
Regional Decree, for Sicilian citizens who travel abroad to receive health care that is unavailable in Italy.

According to the Ministerial Decree of 3 November 1989, which lays down the criteria for obtaining
treatment at highly specialised establishments abroad, Italian citizens resident in Italy are entitled to partial
reimbursement of air fares, subject to prior authorisation, for themselves and, where applicable, an
accompanying person, at the rate of 80 %.

By contrast, the Sicilian Regional Decree of 15 March 1990, in similar situations, stipulates a rate which
varies between 40 % and 60 % of expenses actually incurred and documented, depending on the income of
the person applying for reimbursement.

The Honourable Member(cid:146)s question concerns Italian national and regional
legislation. As the persons
concerned are Italian nationals, neither the EC Treaty nor Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed persons, to self-employed persons and to
members of their families moving within the Community (1) is implicated. The matter involves a conflict of
Italian law, which can only be dealt with by the national courts.

(1) OJ L 149, 5.7.1971 (most recent consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996

(OJ L 28, 30.1.1997)).

(2001/C 103 E/073)

WRITTEN QUESTION E-2129/00

by Jan Andersson (PSE) to the Commission

(30 June 2000)

Subject: EU export subsidies for transport of live animals to third countries

At the present time, export subsidies are paid for transport of live animals to third countries. These
subsidies result in long and often harrowing journeys for the animals.

Does the Commission intend to abolish export subsidies for transport of live animals to third countries?

Answer given by Mr Fischler on behalf of the Commission

(18 September 2000)

Export of live cattle is an important outlet for the Community beef market and can hardly be substituted
by export of beef meat due to the different slaughtering rites, the lack of coldstores in importing countries
or the specific demand for fresh meat of the required quality in these countries. If the export of live cattle
from the Community were to become impossible by phasing out export refunds, other suppliers would
take over these markets. Australia increasingly exports live cattle to the Arab world with a journey
considerably longer than from the Community.

Furthermore, the Commission would like to draw the attention of the Honourable Member to Commission
Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the
live bovine animals during transport (1). This
export refund arrangements as regards the welfare of
Regulation stipulates that the payment of export refund for live animals is subject to compliance with
Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and
amending Directives 90/425/EEC and 91/496/EEC (2) and provides for an appropriate monitoring system.

(1) OJ L 82, 19.3.1998.
(2) OJ L 340, 11.12.1991.