4.4.2011 Official Journal of the European Union L 88/45 DIRECTIVES DIRECTIVE 2011/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2011 on the application of patients’ rights in cross-border healthcare THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 168 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with the ordinary legislative procedure (%), Whereas: According to Article 168(1) of the Treaty on the Func- tioning of the European Union (TFEU), a high level of human health protection is to be ensured in the defi- nition and implementation of all Union policies and activities. This implies that a high level of human health protection is to be ensured also when the Union adopts acts under other Treaty provisions. Article 114 TFEU is the appropriate legal basis since the majority of the provisions of this Directive aim to improve the functioning of the internal market and the free movement of goods, persons and services. Given that the conditions for recourse to Article 114 TFEU as a legal basis are fulfilled, Union legislation has to rely on this legal basis even when public health protection is a decisive factor in the choices made. In this respect, () O] C 175, 28.7.2009, p. 116. () O] C 120, 28.5.2009, p. 65. (’) Position of the European Parliament of 23 April 2009 (O] C 184 E, 8.7.2010, p. 368), position of the Council at first reading of 13 September 2010 (O] C 275 E, 12.10.2010, p. 1), position of the European Parliament of 19 January 2011 (not yet published in the Official Journal) and decision of the Council of 28 2011. February Article 114(3) TFEU explicitly requires that, in achieving harmonisation, a high level of protection of human health is to be guaranteed taking account in particular of any new development based on scientific facts. The health systems in the Union are a central component of the Union's high levels of social protection, and contribute to social cohesion and social justice as well as to sustainable development. They are also part of the wider framework of services of general interest. Notwithstanding the possibility for patients to receive cross-border healthcare under this Directive, Member States retain responsibility for providing safe, high quality, efficient and quantitatively adequate healthcare to citizens on their territory. Furthermore, the trans- position of this Directive into national legislation and its application should not result in patients being encouraged to receive treatment outside their Member State of affiliation. As recognised by the Council in its Conclusions of 1- 2 June 2006 on Common values and principles in European Union Health Systems (*) (hereinafter the ‘Council Conclusions’) there is a set of operating prin- ciples that are shared by health systems throughout the Union. Those operating principles are necessary to ensure patients’ trust in cross-border healthcare, which is necessary for achieving patient mobility as well as a high level of health protection. In the same statement, the Council recognised that the practical ways in which these values and principles become a reality vary significantly between Member States. In particular, decisions about the basket of healthcare to which citizens are entitled and the mechanisms used to finance and deliver that healthcare, such as the extent to which it is appropriate to rely on market mechanisms and competitive pressures to manage health systems, must be taken in the national context. As confirmed by the Court of Justice of the European Union (hereinafter the ‘Court of Justice) on several occasions, while recognising their specific nature, all types of medical care fall within the scope of the TFEU. () O] C 146, 22.6.2006, p. 1.