OPINION OF THE COMMISSION  pursuant to Article 294 (7), point (c) of the Treaty on the Functioning of the European Union on the European Parliament's amendments to the position of the Council at first reading regarding the  proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT  AND OF THE COUNCIL  concerning the application of patients' rights in cross-border healthcare
Date: 2011-02-24
Institutions: European Commission
Subjects: cross-border cooperation, free movement of persons, health care, health policy, organisation of health care, patient's rights, provision of services, social security

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EUROPEAN COMMISSION 

Brussels, 24.2.2011 
COM(2011) 90 final 

2008/0142 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294 (7), point (c) of the Treaty on the Functioning of the European 
Union on the European Parliament's amendments 
to the position of the Council at first reading regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning the application of patients' rights in cross-border healthcare  

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2008/0142 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294 (7), point (c) of the Treaty on the Functioning of the European 
Union on the European Parliament's amendments 
to the position of the Council at first reading regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning application of patients' rights in cross-border healthcare 

1. 

INTRODUCTION 

Article  294  (7),  point  (c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU) 
provides  that  the  Commission  is  to  deliver  an  opinion  on  the  amendments  proposed  by  the 
European  Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the 
amendments proposed by the Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2008)414 final – 2008/0142(COD)): 

2nd July 2008 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

4 December 2008 

Date of the opinion of the Committee of the Regions: 

12 February 2009 

Date of the opinion of the European Parliament, first reading: 

23 April 2009 

Date of transmission of the amended proposal: 

Date of political agreement: 

none 

8 June 2010 

Date of adoption of the Council position: 

13 September 2010 

Date of the opinion of the European Parliament, second reading: 

19 January 2011 

3. 

PURPOSE OF THE PROPOSAL 

The  overall  aim  of  the  proposed  Directive  is  to  establish  a  clear  and  coherent 
framework  for  the  reimbursement  of  healthcare  within  the  EU,  where  the  care  is 
provided  in  a  Member  State  other  than  the  country  of  affiliation  (cross-border 
healthcare).  This  followed  the  Court  of  Justice  jurisprudence  confirming  that 
independently  of  the  rights  to  scheduled  treatment  in  another  Member  State  as 

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granted  by  Regulations  (EC)  No  883/2004  and  987/2009,  insured  patients  benefit 
from  the  freedom  to  receive  medical  treatment  in  another  Member  State,  under 
Article 56 TFEU. 

In order to achieve this objective, the proposal is structured around three main areas: 
(1) guarantees enabling patients to receive safe and high quality healthcare, (2) rules 
clarifying  the  rights  to  reimbursement  of  cross-border  healthcare,  and  (3)  EU 
cooperation  on  healthcare  in  the  area  of  recognition  of  prescriptions,  European 
reference networks, health technology assessment and eHealth.  

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The European Parliament voted in second reading a consolidated text which contains 
a number of amendments to the text of the Council Position at first reading. The text 
is  the  result  of  negotiations  between  the  Parliament,  the  Council  and  the 
Commission.  Most  amendments  are  in  line  with  the  initial  proposal  of  the 
Commission and thus acceptable in the light of an overall compromise. 

The Commission therefore accepts all the amendments voted by the Parliament.  

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