92000E0705

WRITTEN QUESTION P-0705/00

by Nelly Maes (Verts/ALE) to the Council

(2 March 2000)

Subject: Amendments to the Netherlands Exceptional Medical Expenses Act

In the Netherlands, everybody is covered by the Exceptional Medical Expenses Act (AWBZ). Since 1 January 2000, Netherlands nationals living abroad who are not insured with a health insurance fund have no longer been covered by the AWBZ. However, Netherlands nationals residing in Belgium cannot subscribe to a health insurance fund because Belgian social legislation regards this as incompatible with the Dutch AWBZ facilities.

This is very much a Catch 22 situation: Netherlands nationals residing in Belgium must subscribe to a health insurance fund in order to be entitled to AWBZ facilities, but Belgian health insurance funds refuse to accept them as members because they are entitled to AWBZ facilities.

1. Does the decision by the Netherlands Government to exclude Netherlands nationals who reside abroad and are not insured with a health insurance fund from AWBZ facilities as of 1 January 2000 violate European law, inter alia the freedom of citizens and patients to settle in other EU Member States (ECJ, 28 April 1998, no. C-158/96)? (a) If so, what will the Council do to remedy this situation? (b) If not, does not the Netherlands Government's measure detract from European law, inter alia the freedom of citizens and patients to settle in other EU Member States (ECJ, 28 April 1998, No C-158/96)?

2. Does the decision by the Netherlands Government violate the principle of trust, since the persons concerned have moved abroad in good faith in the knowledge that they will continue to enjoy full cover for medical expenses under the AWBZ? If not, does not the Council consider that the Netherlands' measure detracts from the principle of trust?

Reply

(2 May 2000)

The matter raised by the Honourable Member does not fall within the Council's powers. In accordance with the Treaty, it is for the Commission to ensure that Community law is applied and, where appropriate, to submit to the Council, or jointly to the European Parliament and to the Council, legislative proposals on matters within the Community's sphere of competence.