WRITTEN QUESTION E-2350/02 by Alexandros Alavanos (GUE/NGL) to the Commission. Children with multiple disabilities.
Date: 2002-07-30
Institutions: European Parliament, Provisional data
Subjects: EU Member State, European cultural event, Greece, competence of the Member States, disabled person, free movement of persons, health care, social security, social-security benefit

14.8.2003

EN

Official Journal of the European Union

C 192 E/59

It is stated that such measures must be non-discriminatory and, in this aim, procedural safeguards have
been laid down in this Article.
In particular, authorities of the other Member States concerned are
associated to this procedure (see second indent of paragraphs 1 and 2). Member States and the relevant
Regional Advisory Councils may submit their written comments to the Commission and the Commission
shall confirm the measure or cancel it within 15 working days. Member States may refer the Commission’s
decision to the Council which by a qualified majority may take a different decision.

That provision must not be construed as a transfer of power. According to the principle of proportionality
enshrined in Article 5 of the EC Treaty, any action by the Community shall not go beyond what is
necessary to achieve the objectives of the EC Treaty. In that sense, the Commission is of the opinion that
measures concerning conservation and management of resources within this area and having not yet been
taken by the Community can be correctly and wisely addressed by the coastal Member State concerned.

As regards compliance of these measures with a principle of neutrality, the procedural safeguards above-
mentioned allow it effectively.

(1) OJ L 125, 27.4.1998.

(2003/C 192 E/057)

WRITTEN QUESTION E-2350/02

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Children with multiple disabilities

(30 July 2002)

A report from the Ministry of Education in Greece states that, for one category of children with multiple
disabilities (simultaneously suffering from psychomotor deficiencies, blindness and lack of self-sufficiency
in terms of their basic needs), there is no specific, specialised infrastructure for the rehabilitation of their
injuries and their care, so that their living conditions depend on their close relatives.

Article 13 of the Treaty establishing the European Community stipulates that ‘the Council … may take
appropriate action to combat discrimination based on sex (…), disability, age or sexual orientation’. In its
resolution on equal opportunities for people with disabilities (20/12/96, 97/C 12/01),
the Council
expressed its commitment
to ‘the principle of equality of opportunity in the development of
comprehensive policies in the field of disability’ and substantial funding has already been allocated to
measures in favour of individuals with special needs. In view of this:

1. Does the Commission intend to contribute to the establishment of a protection and care framework in
Greece which will give these individuals the opportunity to lead lives which are as dignified as possible?
What arrangements are made in the other Member States for people with disabilities of this type?

2. Within the context of the free movement of people, is it possible for these children to be admitted to
centres or institutions established in other Member States under the applicable rules, provided that their
guardians wish them to do so and they cannot be catered for in Greece?

2003 has been designated ‘European Year of Disabled People’; with this in mind, does the

3.
Commission intend to take any additional initiatives to improve the lives of children in this category?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 September 2002)

The arrangements for treatment of individual citizens in institutions within a Member State does not fall
within the competence of the Commission and it is therefore unable to intervene in individual instances.
However, since 1984, under the Community Support Framework (CSF), financial assistance has been made
available in order to support reforms in the psychiatric care sector. Under the CSF2, projects in Greece

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Official Journal of the European Union

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14.8.2003

have contributed to tackling the issues raised by the Honourable Member. The CSF3 agreed in 2000 (for
the period 2000-2006) to provide financial assistance for actions to tackle these issues. In particular, under
the Operational Programme for Health and Welfare,
just over EUR 513 million is available under five
priority axes, including health, mental health and welfare measures. A number of actions have already
begun which specifically target improvements in the situation of children with disabilities.

In the context of the right to free movement for persons in the Union, the Commission would refer in the
first place to Regulation (EEC) No 1408/71 (1) which co-ordinates the national social security schemes. As
far as the care for disabled children could be considered as health care, there is the possibility of invoking
the provisions of Article 22 of this Regulation concerning persons who deliberately go to another Member
State to receive medical care. In this case, Article 22 of Regulation (EEC) No 1408/71 stipulates that this
person must obtain prior authorisation from the sickness insurance institution where he is insured. This
prior authorisation may not be refused when the medical care provided for under the legislation of the
Member State of residence cannot be provided within the time normally necessary for obtaining the
treatment in question, taking account of the person’s state of health and the probable course of the disease.
In all other instances, the sickness institution enjoys a large margin of discretion in deciding whether to
grant its authorisation or not.

Nevertheless, in the decisions Kohll (C-155/96), Decker (C-120/95), Smits and Peerbooms (C-157/99) and
Vanbraekel (C-368/98), the Court of Justice stated that when exercising their powers, Member States must
comply with Community Law. In these decisions the Court indicated that Regulation (EEC) No 1408/71 is
not designed to regulate the reimbursement by Member States as such and hence does not in any way
prevent Member States from reimbursing costs at the tariffs in force in the competent Member State,
which incurred in connection with treatment provided in another Member State, even without prior
authorisation. According to the Court, tourists, persons receiving medical treatment and persons travelling
for the purpose of education or business are all to be regarded as recipients of services, so that they benefit
from the freedom to provide services as mentioned in Article 49 of the EC Treaty, even without having
been authorised. Furthermore, in the Kohll judgement the Court confirmed that a Member State should
provide for the reimbursement of the costs of medical treatment obtained in another Member State in so
far as the treatment obtained in the other Member State is part of the medical services paid for by the
social insurance system of the Member State of insurance and the tariffs of the Member State of insurance
applied. However, it depends on the specific circumstances, especially on the desired kind of treatment,
whether the national legislation can be considered as justified.

Regarding the European Year of People with Disabilities, within the establishing Council Decision (2), each
Member State must establish or designate a national co-ordinating body which is responsible for the
implementation of the European Year within its territory. One of the roles of this body will be to establish
a strategy and key priorities for the Member State in question. It is therefore the national co-ordinating
body in Greece which must decide whether there should be particular focus on disabled children in Greece
during the Year.

(1) Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to

employed persons and their families moving within the Community (cid:1) OJ L 82, 27.3.1980.

(2) 2001/903/EC: Council Decision of 3 December 2001 on the European Year of People with Disabilities 2003 (cid:1)

OJ L 335, 19.12.2001.

(2003/C 192 E/058)

WRITTEN QUESTION E-2386/02

by Brice Hortefeux (PPE-DE) to the Commission

(2 August 2002)

Subject: Dangers of directly promoting certain medicines

The Commission plans to amend Community legislation to authorise the direct consumer advertising of
certain medicines available only on prescription.