WRITTEN QUESTION E-2714/03 by Kathleen Van Brempt (PSE) to the Commission. Claims for damages in the case of wrongful births.
Date: 2003-09-11
Institutions: European Parliament, Provisional data
Subjects: France, abortion, competence of the Member States, disabled person, indemnification, judicial proceedings, medical diagnosis, motherhood, national law, physician

6.3.2004

EN

Official Journal of the European Union

C 58 E/199

Could the Commission indicate what stage this proposal has reached, whether a timetable has been agreed
for its implementation and whether a feasibility study has been conducted to gauge costs and the
repercussions for patient mobility?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 October 2003)

The Commission would like to inform the Honourable Member that on 18 June 2003 the Administrative
Commission on Social Security for Migrant Workers adopted three decisions which will allow the use of
the European health insurance card as of 1 June 2004. The objective of this card is to facilitate access to
health care across Europe, and therefore to promote mobility by avoiding the current
form-based
procedures.

The European card will be introduced initially in a format which will allow essential data for the provision
of health care and reimbursement of the cost to be read by the human eye. However, countries which
already use electronic media may continue to do so and incorporate the data which must be included on
the European card. In general, Member States may choose to incorporate the European card into an
existing national card (cid:1) or cards issued by regional authorities (cid:1) or to issue a special card.

The European card will initially replace only form E 111, which allows access to emergency health care
during a visit to a Member State other than the state in which the individual is insured. Adoption of the
proposal for a Regulation amending Regulations (EEC) Nos 1408/71 (1) and 574/72 (2) in relation to the
alignment of rights (3) will allow the European card to be substituted for other forms used for access to
health care during a trip to another country, namely the E 128 (used in the case of postings to or studies
in another Member State), the E 110 (used for international road transport) and the E 119 (used for
jobseekers in another Member State).

The idea behind the European card is to transfer ultimately to an electronic version of the forms. One of
the factors on which this will depend is the evaluation of certain projects which are currently under way
and are being supported by the Union, such as Netc@rds, in which several Member States are involved.
At this stage of the project the Commission has not yet decided the arrangements for transferring to an
electronic version in all Member States.

(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, OJ L 149, 5.7.1971. Updated by Council
Regulation (EC) No 118/97, OJ L 28, 30.1.1997, and last amended by Regulation (EC) No 1386/2001 of the
European Parliament and of the Council, OJ L 187, 10.7.2001.

(2) 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, 27.3.1971. Updated by Council Regulation (EC) No 1290/97, OJ L 176, 4.7.1997, and
last amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council, OJ L 187,
10.7.2001.

(3) COM(2003) 378 final.

(2004/C 58 E/214)

WRITTEN QUESTION E-2714/03

by Kathleen Van Brempt (PSE) to the Commission

Subject: Claims for damages in the case of wrongful births

(11 September 2003)

In Belgium in recent years there have been scores of legal actions brought by parents of disabled children.
The parents are systematically claiming damages from doctors who fail to diagnose a defect in the foetus
during pregnancy. The parents claim that if the disability had been detected, a termination could have been
carried out. Belgian courts have ordered doctors to pay significant sums in damages. Very recently a judge
in the Netherlands awarded damages to a seriously handicapped girl aged nine. In France there has been a
similar judgment (Nicholas Perruche case). Insurers and obstetricians refer to these as wrongful birth or
wrongful births. They also point out that gynaecological examinations never provide 100 per cent
certainty.

C 58 E/200

Official Journal of the European Union

EN

6.3.2004

Is the Commission aware of claims for damages in the case of wrongful births?

Can the Commission put a figure on the number of legal actions for wrongful birth in the EU?

Does the Commission intend to draft regulations on wrongful births? What is the Commission’s view of
the recent change in French law which now stipulates that no one can bring a claim for damages solely on
the grounds of having been born?

Answer given by Mr Byrne on behalf of the Commission

(22 October 2003)

The issue of claims for damages in cases of wrongful births does not fall within the Community’s sphere of
competence.

The responsibility for health care lies with the Members States. The Commission is not able to intervene in
this respect and therefore does not intend to present draft regulations on wrongful births given that the EC
Treaty does not provide for the possibility for the Community to adopt harmonisation measures with
regard to measures intended to protect and emporia human health.

For the same reason, the Commission is not in a position to react to the recent change of a French law on
claims for damages.

(2004/C 58 E/215)

WRITTEN QUESTION E-2715/03

by Kathleen Van Brempt (PSE) to the Commission

(11 September 2003)

Subject: Rohypnol

In Belgium there have recently been cases of the prescription drug Rohypnol being used in cases of assault
and rape. A number of unsuspecting tourists were robbed after eating biscuits containing Rohypnol. They
have also been instances of women being raped after their drinks were spiked with Rohypnol. Rohypnol is
known to be a strong sedative and can induce blackouts and memory loss. This makes it difficult to track
down offenders. In the United States the substance has now been banned and Rohypnol is equated with
cocaine and heroin. In Belgium too, pharmacists are calling for a ban on Rohypnol.

Is the Commission aware of the misuse of Rohypnol by criminals?

Does the Commission intend to ban Rohypnol?

If not, what is the Commission doing to combat the misuse of Rohypnol?

Answer given by Mr Liikanen on behalf of the Commission

(15 October 2003)

Rohypnol
authorised in various Member States for the treatment of severe insomnia.

(chemical name flunitrazepam)

is a medicine of the benzodiazepine class.

It is nationally

The Commission is aware of reports of Rohypnol being misused by criminals. The Commission is aware of
reports of other psychoactive medicines,
including other members of the benzodiazipine class being
misused. Rohypnol has been shown to be effective in the treatment of the severe insomnia and the
Commission does not intend to ban its use. However, various actions have been taken or are planned at a