WRITTEN QUESTION No. 3375/97 by Markus FERBER to the Commission. Evidence of compulsory health insurance cover - obligation to present the E111 form
30. 4. 98 EN Official Journal of the European Communities C 134/153 It is the task of the European Commission to ensure that Community legislation is properly applied and, ultimately, it is for the Court of Justice to ensure that in the interpretation and application of the EC Treaty the law is observed. (98/C 134/207) WRITTEN QUESTION E-3375/97 by Markus Ferber (PPE) to the Commission (22 October 1997) Subject: Evidence of compulsory health insurance cover › obligation to present the E 111 form To enrol at French institutes of higher education, such as the Conservatoire in Paris, students need the E 111 form as evidence of compulsory health insurance cover. Persons who are privately insured or entitled to benefit do not have this form. Despite this, the presentation of the form is required at the time of enrolment. Evidence obtained from a private health insurance fund or benefit agency is not recognized. What measures will the Commission take to enable evidence provided by private health insurance funds to be recognized? Answer given by Mr Flynn on behalf of the Commission (1 December 1997) The Commission would first of all draw the Honourable Member’s attention to the fact that form E 111 is issued under the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 (1) to persons with health insurance cover under a general social security scheme of a Member State. Form E 111 serves as evidence that the bearer is entitled to healthcare benefits in kind, to be paid for by the Member State in which (s)he is insured, which are provided by the Member State on whose territory (s)he is temporarily resident under the legislation applying in that Member State (in accordance with Articles 22 and 22a of Regulation (EEC) No 1408/71). These arrangements apply only to statutory health insurance cover and not to persons with private health insurance or to special schemes for civil servants. That is why the procedures currently laid down under the Regulations for the provision of healthcare during a temporary stay in another Member State, for which form E 111 must be submitted, cannot be applied with respect to persons with private health insurance or members of special schemes for civil servants. As long ago as 1992, the Commission submitted a proposal aimed at extending the scope of these Regulations to include special schemes for civil servants (2). Unfortunately, this proposal has not up to now received the unanimous support of the Council which it requires. In the meantime, the Court of Justice has ruled that the Council, by not introducing any measures concerning the free movement of workers, has not fully met its obligation under Article 51 of the EC Treaty (3). The Council is currently trying to find a compromise which would make it easier to adopt the above-mentioned proposal. (1) These Regulations were updated by means of Regulation (EEC) No 118/97 of 2 December 1996 amending and updating 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 and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71. (2) OJ C 46, 20. 2. 1992. (3) Judgment of 22 November 1995 in Case C-443/93 Vougioukas [1995] ECR I-4033