WRITTEN QUESTION E-2415/00 by María Sornosa Martínez (PSE) to the Commission. Need for legislation on the movement, on medical grounds, of patients on waiting lists between Member States ‐ the case of Spain.
Date: 2000-07-18
Institutions: European Parliament, Provisional data
Subjects: European social policy, Spain, right to health

20.3.2001

EN

Official Journal of the European Communities

C 89 E/195

(2001/C 89 E/219)

WRITTEN QUESTION E-2415/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (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 (cid:129) 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 echocardio-
graphs, 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:

(cid:129) 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.

(cid:129) 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.

(cid:129) 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.

(cid:129) 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 interven-
tions; 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.

C 89 E/196

Official Journal of the European Communities

EN

20.3.2001

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.

(2001/C 89 E/220)

WRITTEN QUESTION P-2450/00

by William Newton Dunn (PPE-DE) to the Commission

(11 July 2000)

Subject: Aid to UK pig producers

What is the latest situation concerning the British government(cid:146)s request for approval for special aid to
British pig producers whose situation is disastrous due to the BSE/beef crisis?

Answer given by Mr Fischler on behalf of the Commission

(7 September 2000)

The Honourable Member most likely refers to a state aid notification submitted to the Commission by
letter of 30 March 2000 with the title: Pig Industry Restructuring Scheme 2000. It should be stressed
however, that neither in the rationale of the notification, nor elsewhere in the text of it, is any reference
made to the bovine spongiform encephalopathy (BSE) beef crisis.

The Commission confirms that bilateral discussions and exchange of correspondence with the British
authorities have taken place, but that certain details of the aid scheme are still under assessment. Therefore
the Commission is not in a position to comment on the possible outcome of this assessment.

The assessment for the compliance of the notified state aid scheme with Articles 87-89 (ex Articles 92-94)
of the EC Treaty is carried out under the procedures of Council Regulation (EC) No 659/1999 of 22 March
1999, laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty (1).
In application of Article 20(3) of that Regulation the Honourable Member will be informed of the
Commission decision on this dossier.

(1) OJ L 83, 27.3.1999.

(2001/C 89 E/221)

WRITTEN QUESTION P-2451/00

by Roberto Bigliardo (TDI) to the Commission

(11 July 2000)

Subject: Heat converter to be installed in the municipality of Acerra (Naples)

Is the Commission aware of the serious nature of the steps taken by the President of the Campania
Regional Government in Decree No 161 of 26 June 2000, published in the Official Bulletin of the
Campania Region, concerning the installation of a heat converter in the ASI area of the municipality of
Acerra, work on which is scheduled to start on 7 June 2000, although the town council in a number of
unanimous decisions had expressed its opposition to the installation of a plant of this kind?