Amended proposal for a Regulation of the European Parliament and of the Council Amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community, and Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation (EEC) No 1408/71, in respect of the alignment of rights and the simplification of procedures (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-12-19
Institutions: European Commission
Subjects: application of EU law, health card, simplification of formalities, social-security harmonisation, worker (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.12.2003
COM(2003) 831 final

2003/0138 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Council Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons and their families moving within the Community, and
Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation
(EEC) No 1408/71, in respect of the alignment of rights and the simplification of
procedures

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EN

  EN

2003/0138 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Council Regulation (EEC) No 1408/71 on the application of social security
schemes to employed persons and their families moving within the Community, and
Council Regulation (EEC) No 574/72 fixing the procedure for implementing Regulation
(EEC) No 1408/71, in respect of the alignment of rights and the simplification of
procedures

1.

BACKGROUND

Following  the  conclusions  of  the  Barcelona  European  Council,  held  on  15  and  16
March 2002, a European health insurance card would replace the current paper forms
needed for medical treatment during a temporary stay in another Member State.

On  18  June  2003,  the  Administrative  Commission  adopted  the  three  necessary
decisions to replace E form 111 by the health insurance card.

To facilitate the replacement of others forms needed for medical treatment during a
temporary  stay  in  another  Member  State,  it  was  proposed  to  modify  Regulations
1408/71 and 574/72.

Consequently,  the  Commission  tabled  a  proposal  for  a  modification  of  the
Regulations on 27 June 2003.

This proposal has three objectives :

-  align  the  rights  of  all  groups  of  insured  persons  during  a  temporary  stay  in  a
Member  State  other  than  the  competent  State  to  enable  all  persons  covered  by  the
Regulation  to  receive  any  benefits  in  kind  that  may  become  necessary  for  medical
reasons during a stay in another Member State;

- simplify the formalities for patients who need care in the State of stay, specifically
by  doing  away  with  the  obligation  to  contact  the  social  security  institution  of  the
place of stay before seeing a care provider, thus allowing them direct access to care
providers;

- draw up a provision that defines the relationship between social security institutions
and users.

At its plenary part-session of 4 December 2003, the European Parliament adopted 27
amendments to the Commission's proposal.

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2.

EXAMINATION OF AMENDMENTS

The  Commission  agrees  to  incorporate  all  amendments  adopted  by  the  European
Parliament.

2.1.

Amendment 8

This  amendment  recalls  in  a  precise  way  the  mandate  of  the  Barcelona  European
Council. The Commission can accept it.

2.2.

Amendment 9

This amendment can be accepted as the current proposal takes the rights of insured
persons a step further.

2.3.

Amendment 10

This amendment aims to specify the rights of the insured persons during a temporary
stay in another Member State and can be accepted by the Commission.

2.4.

Amendments 11 and 33

The proposal simplifies the formalities for patients who need care in the State of stay
by allowing them direct access to care providers. Amendments 11 and 33 aim to be
sure  that  the  care  providers  will  be  fully  aware  of  the  extent  of  the  rights  of  the
insured persons during the temporary stay. They are acceptable.

2.5.

Amendments 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 28 and 30

The  purpose  of  these  amendments  is  to  clarify  and  to  make  more  precise  the
Commission's proposal or to make some linguistic corrections. They are acceptable.

2.6.

Amendments 13 and 32

These amendments aim to ensure the information of the insured persons about their
rights and obligations arising from the new Regulation. The Commission can accept
them.

2.7.

Amendment 23

The  purpose  of  amendment  23  is  to  specify  in  a  precise  way  the  obligation  of
information of the institution and of the insured persons about their situation. It can
be accepted by the Commission.

2.8.

Amendment 24

This amendment aims to replace the word  "penalties"  which  is  strong and  refers to
criminal law, by "measures" which is softer. It is acceptable.

2.9.

Amendments 27, 29 and 31

The purpose of these amendments is to specify that the document (European health
insurance  card  or  E-form)  has  the  same  effect  with  regard  to  the  care  provider  as

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national evidence of the entitlements of the persons insured with the institution of the
place of stay. They can be accepted by the Commission.

2.10.

Amendment 34

Concerning the entry into force of the new Regulation, amendment 34 makes sure
that the new Regulation will enter into force on the same date (1 June 2004) as the
European  health  insurance  card.  As  far  as  the  direct  access  to  care  providers  is
concerned, for purely administrative reasons, the entry into force is postponed until 1
July 2004. This amendment can be accepted.

3.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal for
a Regulation as outlined above.

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