WRITTEN QUESTION P-0359/04 by Eija-Riitta Korhola (PPE-DE) to the Commission. Impact of lack of health care standards on free movement of labour and citizens.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: free movement of persons, free movement of workers, health care, health care profession, health policy, standard

C 84 E/202

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3.4.2004

certification of train drivers and all staff involved in crucial tasks relating to rail safety. This proposal,
which is part of the third package (3), will be presented to the Parliament and the Council during the first
half of 2004.

(1) Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council
Directive 91/440/EEC on the development of the Community’s railways, OJ L 75, 15.3.2001. Directive 2001/13/EC
of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EEC on the
licensing of railway undertakings, OJ L 75, 15.3.2001. Directive 2001/14/EC of the European Parliament and of the
Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the
use of railway infrastructure and safety certification, OJ L 75, 15.3.2001.

(2) http://europa.eu.int/comm/transport/rail/package/new_fr.htm
(3) Proposals from the third package due in the first half of 2004.

(2004/C 84 E/0246)

WRITTEN QUESTION P-0359/04

by Eija-Riitta Korhola (PPE-DE) to the Commission

(6 February 2004)

Subject: Impact of lack of health care standards on free movement of labour and citizens

In the EU region there are no uniform standards for the care required by patients in particular conditions
(e.g. those in intensive care or those recuperating in hospital after a hip prosthesis operation) or for the
correct minimum ratio of various categories of staff to patients, which is an essential element in the
satisfactory provision of such care. Naturally, patients must have the right to be able to trust that their
health will not under any circumstances be endangered when undergoing medical treatment anywhere
within the EU. It is equally vital for those working in health services themselves to know that it will be
reasonably possible for them to bear the considerable responsibility associated with their work.

This issue is closely bound up with the freedom of movement of labour and citizens: from the point of
view of EU citizens’ safety it is important that they should be able to obtain proper care wherever they
travel within the EU, should they require it. Similarly, in the interests of labour mobility, it is necessary to
be sure in advance that, for example, if a nurse takes a job as a nurse in another Member State, he/she will
not be compelled to take on the responsibilities of a doctor or, when doing any job, to do more work than
is humanly possible. An analogy with EU rules on health and safety at work with reference to transport
safety, for instance, is not difficult to find. Moreover, compliance with this requirement should be readily
achievable in a field where recognition of professional competence is governed by EU directives.

Is the Commission aware of the discrepancies which exist, both between EU Member States and within
them, in standards concerning care workers and directly relating to the safety of patients and to health and
safety at work? How does the Commission view the situation from the point of view of attaining free
movement of citizens and of labour?

Answer given by Mr Byrne on behalf of the Commission

(10 March 2004)

Minimum standards for the professional qualifications for health professionals are determined by the
following Sectoral Directives: 93/16/EEC (1) (Doctors); 77/453/EEC (2) (Nurses); 78/686/EEC (3) (Dentists);
80/155/EEC (4) (Midwives) and 85/432/EEC (5) (Pharmacists).

There are, nevertheless, significant variations in practices and outcomes with regard to healthcare provision
throughout the Union. Although Member States are responsible for the organisation and delivery of health
services and medical care, these variations show that there is scope for exchanges of best practice at
European level to bring practical benefits to patients and health professionals across the Union. The high
level process of reflection on patient mobility and healthcare developments across the European Union
convened by the Commission and bringing together health ministers and other key health sector
stakeholders made recommendations in a range of areas that would improve this situation,
including
exploring networking and cooperation on European centres of reference, strengthening health technology

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assessment, developing a framework for health information at EU level, and analysing Community
activities in general to see how these can better contribute to access and quality in healthcare. The
Commission plans to set out proposals responding to these recommendations through a communication
this Spring 2004.

(1) 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, OJ L 165, 7.7.1993.

(2) Council Directive 77/453/EEC of 27 June 1977 concerning the coordination of provisions laid down by Law,
Regulation or Administrative Action in respect of the activities of nurses responsible for general care, OJ L 176,
15.7.1977.

(3) Council Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition of diplomas, certificates and
other evidence of the formal qualifications of practitioners of dentistry, including measures to facilitate the effective
exercise of the right of establishment and freedom to provide services, OJ L 233, 24.8.1978.

(4) Council Directive 80/155/EEC of 21 January 1980 concerning the coordination of provisions laid down by Law,
Regulation or Administrative Action relating to the taking up and pursuit of the activities of midwives, OJ L 33,
11.2.1980.

(5) Council Directive 85/432/EEC of 16 September 1985 concerning the coordination of provisions laid down by Law,
Regulation or Administrative Action in respect of certain activities in the field of pharmacy, OJ L 253, 24.9.1985.

(2004/C 84 E/0247)

WRITTEN QUESTION E-0366/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Shoppers’ rights in Ireland under EU law

What reply has the Commission received from the Irish Government in response to the reasoned opinion
it sent to Ireland in January 2003, as announced in Commission press release IP/03/3, regarding the
transposition in Ireland of the Guarantees Directive (Dir 1999/44/EC (1)), which sets out certain minimum
legal rights for consumers buying goods in the EU?

What action has the Commission taken or is it considering taking in this matter?

(1) OJ L 171, 7.7.1999, p. 12.

Answer given by Mr Byrne on behalf of the Commission

(25 February 2004)

On 19 December 2002, the Commission sent a reasoned opinion to Ireland over the failure to implement
Directive 1999/44/EC (1).

In response to this reasoned opinion, the Irish Government notified the Commission of the ‘European
Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations
2003 (cid:1) (S.I. No 11 of 2003)’ on 10 February 2003, thereby implementing the Guarantees Directive.