WRITTEN QUESTION E-0844/01 by Malcolm Harbour (PPE-DE) to the Commission. National insurance contributions in EU Member States.
Date: 2001-03-22
Institutions: European Parliament, Provisional data
Subjects: European citizenship, administrative formalities, right to health, simplification of formalities, social security legislation, social-security benefit, social-security contribution

13.11.2001

EN

Official Journal of the European Communities

C 318 E/133

Member States(cid:146) legislative systems provide the possibility for national Parliaments to delegate powers to the
executive and/or to the regulators. In these cases, the national Parliaments are entitled, in general, to verify
that the exercise of those delegated powers does not exceed the scope decided in the original legislative act
approved by the Parliament. Member States do this in a range of different ways.

In some cases, the exercise of these delegated powers requires that the Government/Ministry of Finance or
the independent national supervisory authorities follow a fixed procedure (e.g.
in Spain, the Advisory
Committee of the Comisi(cid:243)n Nacional del Mercado de Valores has to report on the draft proposals prepared
by the Government, the Ministry of Finance and the Comisi(cid:243)n Nacional del Mercado de Valores to ensure
that third parties interested in the issue have been consulted in the process). Compliance with these
requirements is also overseen by the respective Parliaments.

In Belgium and France, for example, the Securities Commissions may receive delegated powers from the
government. Decrees adopted in execution of these powers need formal approval by the Ministry of
Finance in order to come into force.

(2001/C 318 E/141)

WRITTEN QUESTION E-0844/01

by Malcolm Harbour (PPE-DE) to the Commission

Subject: National insurance contributions in EU Member States

(22 March 2001)

Is the Commission aware that, should a UK citizen travel to another EU country, he/she is not entitled to
reciprocal healthcare as in the UK without proof of payment of UK National Insurance? Consequently,
a different form is required for every country visited by a UK citizen that creates a situation of excessive
bureaucracy.

Could the Commission indicate:

1. Why this situation has been allowed to occur?

2. Whether, in future, British citizens may expect to be able to travel on business with a single document

within the single market?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 May 2001)

The Honourable Member raises a question concerning the right to health care for residents of the United
Kingdom while on a temporary stay in another Member State. The question implies that the right to
receive benefits would depend on the payment of National Insurance Contributions and that a different
form is required for every Member State visited.

The role of Community law in the field of social security and more precisely the right to health care is as
follows. Under Regulations (EEC) No 1408/71 and (EEC) No 574/72 (1), which are the Community(cid:146)s legal
instruments for the co-ordination of Member States(cid:146) social security systems, the main principle is that
a person covered by the provisions of these regulations is entitled to receive medical care in the Member
State where he or she resides in accordance with the provisions of the legislation in that Member State.
However,
if during a temporary stay in another Member State the need for treatment arises, persons
covered by the above-mentioned regulations as employed or self-employed persons have a right to receive
emergency care as necessary while pensioners have a right to receive treatment appropriate to their
condition without this limitation.

The Community provisions on social security offer significant protection to European citizens moving
within the Community, in particular to persons staying temporarily outside the Member State where they
are insured. Normally it is the Member State where the person is insured which has to bear the cost of the
treatment and reimburse the institution of the place of stay.

C 318 E/134

Official Journal of the European Communities

EN

13.11.2001

To ensure these rights the Union citizen should obtain a form E111 (available from the Post Office in the
United Kingdom) before going abroad and submit it to the institution of the place of stay as these forms
are designed to ensure rapid and efficient cross-border communication between the social security
institutions and to avoid lengthy procedures.

Insofar as the question implies that Member States are not implementing these provisions properly, the
Commission is not aware of the problems mentioned in the Honourable Member(cid:146)s question, and more
information is needed in order for the Commission to determine whether Community law has not been
properly respected in any particular case.

Therefore, the Commission would invite the Honourable Member to submit more details so that it may
examine them in the light of Community law.

(1) Regulation (EEC) No 1408/71 of the Council 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 (OJ L
149, 5.7.1971), and Regulation (EEC) No 574/72 of the Council, of 21 March 1972, fixing the procedure for
implementing Regulation (EEC) No 1408/71 (OJ L 74, 27.3.1972) (cid:129) as updated by Regulation (EC) No 118/97 of
2 December 1996 (OJ L 28, 30.1.1997).

(2001/C 318 E/142)

WRITTEN QUESTION E-0845/01

by Philip Bushill-Matthews (PPE-DE) to the Commission

(22 March 2001)

Subject: Regulatory impact analysis

Could the Commission specify how many regulations and directives have been proposed since June 1999
by the directorates-general which come under the responsibility of Commissioner Diamantopoulou?

Of these, how many were subject to a regulatory impact analysis which was specifically included in the
text of the proposal?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 April 2001)

In the area of employment and social affairs, the Commission has adopted six proposals for legislative acts
(regulations and directives) since June 1999 (1). A regulatory impact analysis was done in respect of all
these proposals. A special annex was added to the text of the act as proposed by the Commission
describing this analysis and its outcome. Furthermore,
for the proposals falling under article 137
(ex Article 118) of the EC Treaty, both sides of industry are consulted in two steps according to article 138
(ex Article 118A) of the EC Treaty where they give their views on the proposal including its potential
impact. In this context they can decide to jointly negotiate an agreement according to article 138 of the
EC Treaty which de facto can replace the Commission(cid:146)s proposal (Article 139 (ex Article 118B) of the
EC Treaty).

(1) Proposal

treatment

framework for equal

for a Council Directive establishing a general

in employment and
occupation (OJ C 177 E, 27.6.2000). Proposal for a Council Directive implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin (cid:129) COM(1999) 566 final. Proposal for a Directive
of the Parliament and of the Council amending Directive 76/207/EEC on the implementation of the principle of
equal treatment for men and women as regards access to employment, vocational training and promotion, and
for a Council Directive concerning the European
working conditions (OJ C 337 E, 28.11.2000). Proposal
Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers(cid:146) Federation (ETF), the European Cockpit
Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association
(IACA)
(OJ C 337 E, 28.11.2000). Amended proposal for a Directive of the Parliament and of the Council
amending for the second time Directive 89/655/EEC concerning the minimum safety and health requirements for
the use of work equipment by workers at work (2nd individual Directive within the meaning of Article 16 of
Directive 89/391/EEC)
the EC Treaty) (cid:129)
COM(2000) 648 final. Proposal for a Directive of the Parliament and of the Council amending Council Directive
80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the
event of the insolvency of their employer (cid:129) COM(2000) 832 final.

(presented by the Commission pursuant

to Article 250(2) of