WRITTEN QUESTION E-3916/03 by Maurizio Turco (NI), Marco Pannella (NI),Marco Cappato (NI), Gianfranco Dell'Alba (NI),Benedetto Della Vedova (NI)and Olivier Dupuis (NI) to the Commission. Unsatisfactory standards in Italy for checking that medical staff have the necessary professional qualifications.
Date: 2003-12-17
Institutions: European Parliament, Provisional data
Subjects: Italy, health legislation, physician, professional qualifications

27.3.2004

EN

Official Journal of the European Union

C 78 E/875

To facilitate the transition at the moment of enlargement, a number of specific measures have been
foreseen to accompany the principle of free movement.

The following has been agreed for all Acceding Countries, except Malta and Cyprus. It should be stressed
that these measures will only apply to free movement of salaried workers and that in relation to other
categories of citizens (self-employed, students, inactive or retired people) Community provisions regarding
the right to free movement and residence will apply from the day of accession.

For the first two years after accession, the current Member States will admit workers from the future
Member States under national rules. Current Member States may completely liberalise access to their
labour markets during these two years, but through national measures.

Two years after accession, the Commission will report on the situation and the current Member States will
have to announce whether they intend to continue with national measures for a maximum three years
after the initial two-year transitional period, or whether they intend to apply Community rules on the free
movement of workers.

It is only if a current Member State can show serious disturbances in the labour market, or a threat of such
disturbances, that they will be able to say that they continue to restrict access to their labour markets for
an additional two years.

Germany and Austria have the right to apply flanking national measures to address serious disturbances or
the threat thereof, in specific sensitive service sectors (such as construction or industrial cleaning) on their
labour markets, which could arise in certain regions from cross-border provision of services, involving the
movement of workers.

(2004/C 78 E/0928)

WRITTEN QUESTION E-3916/03

by Maurizio Turco (NI), Marco Pannella (NI),
Marco Cappato (NI), Gianfranco Dell’Alba (NI),
Benedetto Della Vedova (NI)
and Olivier Dupuis (NI) to the Commission

(17 December 2003)

Subject: Unsatisfactory standards in Italy for checking that medical staff have the necessary professional

qualifications

Knowing that:

(cid:1) on 5 September 2003 Mr Fabio Gaetano Arcuri suffered an accident resulting in a fracture and
dislocation of the left shoulder and went to the accident and emergency department of the San
Giacomo hospital in Rome for treatment;

(cid:1) he was seen by the so-called Dr Robert

Ingravalle a consultant

in the hospital’s orthopaedic

department;

(cid:1) as Dr Ingravalle considered that emergency surgery was required, he referred Mr Arcuri to the Pio XI
private clinic in Rome where, the day after his discharge from the San Giacomo hospital, he underwent
the planned surgery which was carried out by Dr Ingravalle himself;

(cid:1) the operation was unsuccessful and Mr Arcuri not only had to undergo further surgery but also
lengthy and expensive rehabilitation; he subsequently made inquiries about the consultant from the
orthopaedic department of the San Giacomo hospital and, to great surprise, he soon found that the
Dr Ingravalle had never obtained a degree in medicine and that his name had never appeared on the
professional register of surgeons;

C 78 E/876

Official Journal of the European Union

EN

27.3.2004

(cid:1) it also emerged from reports in the press and on television that Mr Ingravalle had been practising at
San Giacomo hospital for more than 15 years and had even attended congresses as a spokesman and
appeared on public service broadcasting programmes as a well-known orthopaedic specialist;

(cid:1) the situation arose because of
cooperation with private clinics;

inadequate checks on appointments to the public service and

(cid:1) as Mr Arcuri’s case shows, this puts the health of patients treated by the national health service and

the private health system at serious risk of harm.

Does the Commission intend to take this matter up with the Italian authorities and investigate whether
existing legislation in Italy meets the necessary standards when it comes to checks designed to ensure that
patients are treated by medical staff with the necessary professional qualifications?

Answer given by Mr Bolkestein on behalf of the Commission

(18 February 2004)

First of all it is appropriate to stress that the question by the Honourable Members deals with a situation
that presents no cross-border elements and is purely internal to Italy.

Secondly, while according to Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement
of doctors and the mutual recognition of their diplomas, certificates and other evidence of
formal
qualifications (1), the exercise of the medical profession is reserved to holders of one of the qualifications
it is in principle the
listed in the relevant annexes or the publication in accordance with Article 41,
responsibility of the competent institutions of the Member States to see that this principle is respected.

Third, the situation to which the Honourable Members refer concerns the exercising of the profession of a
specialist doctor by a person who, according to their information, does not hold any medical qualification
whatsoever and must, hence, be considered as an individual case. The Commission does not dispose of any
information which would lead to the conclusion that medical professions in Italy are systematically
exercised by persons with no training and no qualifications. If this were the case, the Commission would
certainly not hesitate to initiate the steps foreseen in the EC-Treaty, and particularly in Article 226.

(1) OJ L 165, 7.7.1993.

(2004/C 78 E/0929)

WRITTEN QUESTION E-3917/03

by Nelly Maes (Verts/ALE) to the Commission

(17 December 2003)

Subject: European approval of government support for the livestock market in Leeuwarden

As a result of the outbreak of foot and mouth disease in Friesland in 2001, the livestock market in
Leeuwarden had to be closed down. In order to reopen it had to meet extremely strict conditions,
requiring major investment. With the help of funds from the province of Friesland, the municipality of
Leeuwarden and the private sector, the necessary investments were made and the market reopened.

The Friesland provincial council decided to set up a foot and mouth disease emergency fund amounting to
EUR 6 353 000 and at the same time approved the granting of compensation under that fund.

In spring 2002 the foot and mouth disease compensation arrangements were forwarded to Brussels for
approval. That approval is still awaited and until it is received the support earmarked for the livestock
market cannot be paid. As a result of this delay, the FEC (Frisian Expocentre), the largest investor, is facing
major cash flow problems and possible bankruptcy, with the potential loss of hundreds of jobs.