European Parliament resolution of 15 March 2007 on Community action on the provision of cross-border healthcare
Date: 2007-03-15
Institutions: European Parliament
Subjects: EU action, cross-border cooperation, free movement of persons, health care, health care system, organisation of health care, provision of services, social security

C 301 E/202

Official Journal of the European Union

EN

13.12.2007

Thursday 15 March 2007

TEXTS ADOPTED

P6_TA(2007)0073

Cross-border healthcare

European Parliament resolution of 15 March 2007 on Community action on the provision of cross-
border healthcare

The European Parliament,

— having regard to the Communication from the Commission entitled ‘Consultation regarding Commun-

ity action on health services’ (SEC(2006)1195/4),

— having regard to Article 152 of the EC Treaty,

— having regard to the judgments of the Court of Justice of the European Communities (‘European Court
of Justice’) in Decker (C-120/95, 28 April 1998), Kohll (C-158/96, 28 April 1998), Geraets-Smits &
Peerbooms (C-157/99, 12 July 2001), Vanbraekel (C-368/98, 12 July 2001), IKA (C-326/00, 25 Feb-
ruary 2003), Müller-Fauré & van Riet (C-385/99, 13 May 2003), Inizan (C-56/01, 23 October 2003),
Leichtle (C-8/02, 18 March 2004) and Watts (C-327/04, 16 May 2005),

— having regard to its resolution of 9 June 2005 on patient mobility and healthcare developments in the

European Union (1)

— having regard to Oral Question B6-0013/2007 by the Committee on the Environment, Public Health

and Food Safety pursuant to Rule 108 of its Rules of Procedure,

— having regard to Rule 108(5) of its Rules of Procedure,

A. whereas health services are excluded from Directive 2006/123/EC of the European Parliament and of

the Council of 12 December 2006 on services in the internal market (2),

B. whereas in the European Parliament there is currently a discussion of a draft report on the impact and

consequences of the exclusion of healthcare services from the scope of Directive 2006/123/EC;

C. whereas the European Court of Justice (ECJ) has given a number of rulings since 1998 allowing patients
to move freely in search of medical treatment and care and thus applying the principle of free move-
ment to the reimbursement of healthcare provided abroad,

D. whereas the ECJ first ruled that making reimbursement of costs incurred in another Member State
subject to prior authorisation should be considered as a barrier to the provision of services, but then
developed further the principles on reimbursement and the need for prior authorisation,

E. whereas healthcare systems in the European Union are based on the principles of solidarity, equity and
universality, in order to guarantee that all people, regardless of their income, social status and age
receive appropriate high-quality care,

F. whereas the arrangements for healthcare delivery vary from country to country,

(1) OJ C 124 E, 25.5.2006, p. 543.
(2) OJ L 376, 27.12.2006, p. 36.

13.12.2007

EN

Official Journal of the European Union

C 301 E/203

1. Welcomes the Commission initiative to launch a consultation procedure on the best form of Com-
munity action with a view to providing a framework for cross-border aspects of healthcare;

Thursday 15 March 2007

Recalls the Treaty obligation to ensure a high level of human health protection in all Community
2.
policies; recalls also Article 95(3) of the Treaty, which sets the legal basis for internal market measures
concerning health; considers it therefore necessary to create a legal framework for cross-border healthcare
provision which best guarantees patients' timely access to appropriate and high-quality healthcare, the devel-
opment of cross-border healthcare provision and the sustainability of healthcare financing;

3.
Points out that the cross-border aspects of healthcare cover both patient mobility and the mobility of
healthcare professionals, as well as the provision of healthcare from another country; also points out that
the ECJ rulings specifically address the problem relating to patients' rights to seek treatment abroad and
subsequently get reimbursed by their national health insurance schemes;

4.
Considers, therefore, that ensuring legal certainty as regards the reimbursement of the costs for cross-
border healthcare is one of the priority issues not only for patients but also for national health insurance
systems and healthcare providers; underlines the need to clarify procedures and conditions for reimburse-
ment in various cases;

Urges the Commission to develop common principles and basic guidelines for healthcare in order to
5.
guarantee patient safety; takes the view, also, that the development of harmonised health indicators (such as
blood test standards) at Community level is very important to improving the exchange of best practice,
particularly between health professionals;

Considers that the EU must play an important role in improving the availability of information for

6.
patients on cross-border mobility by coordinating cooperation between Member States in this field;

Considers that patient mobility must always be a matter for free patient choice and that no pressure

7.
must be brought to bear on patients' freedom of choice;

Stresses the need to ensure patient safety in all circumstances regardless of where and how healthcare
8.
is provided; calls for clarity on the responsibilities between authorities in supervising healthcare providers
and for effective information exchange between national authorities on the registration and disciplinary
status of health care professionals; considers it necessary to create a mechanism for appeals on malpractice
in cross-border healthcare;

9.
Points out that, in almost all cases, healthcare and medical treatment require follow-up, which may
take a long time; recognises the need for clear rules on the division of tasks and responsibilities between
healthcare providers during the different stages of treatment and care;

10.
Considers the introduction of a legislative framework at Community level as the best way to ensure
legal certainty for patients, national healthcare systems and private healthcare providers; believes that it is
also the best way to enhance the optimal use of healthcare resources and speed up access to treatment;

Considers that there is a need to incorporate a common charter of patients' rights in that framework

11.
in order to ensure that such rights are exercised in practice across borders and in the home country;

12.
Considers it necessary also to incorporate into the framework a mechanism for data collection and
exchange of information between national authorities on healthcare providers, their registration and disci-
plinary status, and available expertise; believes also that the creation of a network of European Centres of
Reference would bring considerable benefits to the treatment of diseases;

13.
Considers it necessary, for patient safety, to incorporate into the legal framework a duty upon
national authorities to exchange registration and disciplinary information about healthcare professionals
engaging in cross-border healthcare;

C 301 E/204

Official Journal of the European Union

EN

13.12.2007

Thursday 15 March 2007

Appeals to the Member States to introduce a one-stop-shop approach to complaint procedures for

14.
patients;

Calls on the Commission to pay special attention to the provision of information to patients on their

15.
rights and obligations and introduce appropriate provisions in its legislative proposal;

Believes that the forthcoming Community framework can provide an opportunity to empower Euro-

16.
pean citizens as patients as well as encourage Member States to develop their healthcare systems;

Instructs its President to forward this resolution to the Council, the Commission and the govern-

17.
ments and parliaments of the Member States.

P6_TA(2007)0074

Illegal bird hunting in Malta

European Parliament resolution of 15 March 2007 on the hunting and trapping of migratory birds
in spring in Malta

The European Parliament,

— having regard to Petition 794/2004, Petition 334/2005 and Petition 886/2005,

— having regard to the Report on the fact-finding mission carried out by the Committee on Petitions to

Malta between 9 and 12 May 2006,

— having regard to Council Directive 79/409/EEC of 2 April 1979 on the Conservation of wild birds (1)

(the ‘Birds Directive’),

— having regard to Council Directive 92/43/EEC of 21 May 1992 on the Conservation of natural habitats

and of wild fauna and flora (2) (the ‘Habitats Directive’),

— having regard to Articles 10, 226 and 242 of the EC Treaty,

— having regard to Oral Question B6-0015/2007,

— having regard to Rules 108(5) of its Rules of Procedure,

A. whereas the European Parliament has received several petitions against the practice of hunting and
trapping migratory birds in spring in Malta, including a petition from the Belgian Royal Society for
the Protection of Birds, signed by 300 000 people in Europe, more than 4 000 of whom were from
Malta; whereas 115 000 people in Europe, notably from the UK, petitioned the Maltese Government in
February 2007 in protest against the spring hunting,

B. whereas the Committee on Petitions has examined the allegations made in the petitions and has dis-
patched a delegation to Malta pursuant to Rule 192(3) of the Rules of Procedure of the European
Parliament in order to establish the facts of the situation in situ,

C. whereas the report on that fact-finding mission concluded that, although certain efforts had been made
by the Maltese authorities responsible to bring national legislation and its application into line with
Community law, the sustainability and survival of populations of several species of migratory birds still
face serious threats from illegal and indiscriminate hunting and trapping when birds of those species
pass through Malta during their spring migration,

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.