92002E0485

WRITTEN QUESTION E-0485/02

by Graham Watson (ELDR) to the Commission

(22 February 2002)

Subject: UK E-111 forms

It has been reported that Spain and France are refusing to accept E-111 forms that are more than a year old. This is unlawful and denies free treatment to those who are entitled to it.

Is the Commission aware of such practice, and what will it do to ensure that UK citizens' rights are not denied them in future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 April 2002)

Under Article 22(1)(c) of Regulation (EEC) No 1408/71(1), a person staying temporarily on the territory of another Member State is entitled to receive urgently needed medical treatment during their stay. The expenses for the treatment are charged to the Member State where the person is insured.

The E 111 form issued by the person's Member State of insurance certifies that he/she is insured and entitled to receive benefits in kind during a stay in another Member State.

As for the length of time for which the person is entitled to receive medical treatment during their stay, the E 111 form states that the benefits in kind may be provided either between certain dates or indefinitely.

The British authorities decided to issue E 111 forms for an indefinite duration to persons who are insured by virtue of their status as national of a Member State and residence in the United Kingdom.

In accordance with the duty of sincere cooperation laid down by Article 10 of the EC Treaty and referred to by the Court of Justice(2), the institutions of the other Member States should not refuse, on grounds of duration of validity, E 111 forms issued for an indefinite duration submitted by British insured persons who reside in the United Kingdom.

The Commission will contact the national authorities concerned and keep the Honourable Member informed of future developments. The Commission would also request him to provide more details on any individual cases of refusal to the Commission, more specifically the Directorate-General for Employment and Social Affairs, so that it can look into them.

(1) Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, OJ L 74, 27.3.1972; amended and updated by Council Regulation (EEC) No 118/97 of 2 December 1996, OJ L 28, 30.1.1997.

(2) Case C-202/97 Fitzwilliam Executive Search [2000 ECR I-883, Case C-178/97 Banks [2000] ECR I-2005.