Euro Brief


April 2007, No: 4/2007 EU Health Ministers discuss cross border health care
EU Health Ministers met in Germany this month to discuss cross border health care. Ministers highlighted the importance of solidarity in healthcare and debated a policy paper on the issue which can be viewed at:

http://www.eu2007.de/en/News/download_docs/April/0419-BSGV/090Triopapier.pdf

At the meeting the European Commission also presented a summary of reponses to the consultation on cross border health services. The 33 page document outlines the main themes highlighted by stakeholders including points raised by the BMA on the mutual recognition of qualifications. The Commission is expected to release concrete proposals on the issue later in the year. The summary can be viewed at the website below:

http://ec.europa.eu/health/ph_overview/co_operation/mobility/docs/health_services_rep_en.pdf

Safety of medical devices
MEPs have adopted European Commission proposals to improve the safety of medical devices. Under the proposal, there will be stricter rules for the use of potentially toxic materials, for which adequate labelling will be required. The safe single use of devices will also be improved and a study will be undertaken to see how better to reprocess devices. Specialised medical software will also fall under this new directive. EU Health Ministers are expected to endorse the decision shortly. Further information can be found at the website below:

http://ec.europa.eu/enterprise/medical_devices/revision_mdd_en.htm

New European Court ruling on working time
The European Court of Justice (ECJ) has published a new ruling related to the time that doctors spend on-call at their place of work. In 2005 a Czech court asked the ECJ whether the inactive part of on-call time is classed as work under the Working Time Directive. The ECJ responded that the entire period which a doctor spends on-call in the hospital has to be regarded as working time. It also said that it is acceptable to pay differently for on-call time in which work is performed and on-call time in which no work is performed, as long as the health and safety of employees are guaranteed. To view the ruling in full, please see:

http://eur-lex.europa.eu/LexUriServ/site/en/oj/2007/c_056/c_05620070310en00120012.pdf

New European Court ruling on patient mobility
The ECJ has published a new ruling relating to patient mobility. The ruling concerns a Greek citizen who had £13,600 worth of treatment at a private hospital in London. Under Greek law, a citizen can have private treatment reimbursed if it occurs in a Greek private hospital but not if it takes place in a private hospital in another Member State.

The ECJ considers the Greek legislation to be an infringement of freedom to provide services. However it will allow the introduction of a system of prior authorisation for treatment in a private, foreign hospital which will be less restrictive than a blanket ban. The full ruling can be viewed at:

http://europa.eu/rapid/pressReleasesAction.do?reference=CJE/07/31&format=HTML&aged=0&language=EN&guiLanguage=en

EU consultation - tobacco taxation
The European Commission is launching an online consultation seeking views from stakeholders on the current EU tax legislation on tobacco. EU rules on tobacco must guarantee the proper functioning of the internal market but must also be in line with the EU objective to discourage tobacco consumption. The BMA will submit a response to the consultation. The deadline for comments is 1 June 2007 and the consultation can be viewed at:

http://ec.europa.eu/taxation_customs/common/consultations/tax/article_3835_en.htm

European Parliament resolution on cross border disputes
MEPs have adopted a resolution that calls on the European Commission to draft legislation with regard to the settlement of cross border disputes in the case of personal injury or fatal accidents. Any possible legislation could also be applied in the case of medical error or unforeseen events during inpatient treatment. A study will now be carried out to see if legislation is necessary. The full text of the resolution can be viewed at:

http://www.europarl.europa.eu/sides/getDoc.do?Type=TA&Reference=P6-TA-2007-0020&language=EN

Political petition on cross border care
The Alliance of Liberals and Democrats in the European Parliament (the third largest political group) have started a new campaign and petition aimed at allowing patients to seek and receive medical treatment across borders. The petition can be viewed at:

http://www.alde.eu/index.php?id=192

Conference - putting an end to drug counterfeiting
On 14 May 2007, the first parliamentary symposium on pharmaceuticals entitled ‘Putting an end to drug counterfeiting’ will be held in the European Parliament in Brussels. For further information, please see:

http://www.agoraeurope.com/

Advanced therapy medicinal products
MEPs have endorsed the European Commission proposal to address all advanced medicinal therapies (genes, tissues, cells) within a single European framework. The regulation guarantees that all products given to patients meet the same harmonised EU standards, but does not affect Member States’ right to reject certain products on ethical grounds. The regulation also creates a centralised marketing authorisation procedure and a new multidisciplinary expert committee. The proposal will now be examined by the Council of Ministers.

E-health priorities and strategies
The European Commission has published a new report which details current e-health priorities and strategies in 32 European countries. The report can be viewed at:

http://ec.europa.eu/information_society/newsroom/cf/itemdetail.cfm?item_id=3346

New EU rules on food additives
The European Parliament’s environment committee has adopted a report on the use of sweeteners, colourings and flavour enhancers in food products. The new laws will replace a raft of existing legislation and will tighten approval rules on all new products. A plenary vote on the proposal is due to take place in the summer.

EU constitution
European leaders celebrated the 50th anniversary of the EU in March at an informal summit in Berlin. During the meeting, leaders agreed to have a new treaty in place by 2009 which should allow the European institutions to run more smoothly. German Chancellor Angela Merkel aims to present a road map for a new treaty at the end of the German EU Presidency in June 2007. It is hoped that an Intergovernmental Conference (IGC) will take place under the six-month Portuguese EU Presidency which begins in July 2007.

Cross border electronic health care
At this year’s annual e-health conference, Member States and the European Commission have declared their intention to take steps to begin implementing a roadmap for cross-border e-health services. Their full views are contained in a declaration which can be viewed at:

http://ec.europa.eu/health-eu/news/ehealth/ehealth2007_en.htm

Prevention and reduction of drug related harm
The Commission has adopted a report on the implementation of the 2003 Council Recommendation on the prevention and reduction of drug-related harm. The report shows that preventing and reducing of drug-related harm is a defined public health objective at national level and that all Member States have established harm reduction services and facilities, although some to a lesser extent. It also encourages Member States to continue developing harm reduction services and strategies. The report can be viewed at the website below:

http://ec.europa.eu/health/ph_determinants/life_style/drug/documents/comm_2007_0199_en.pdf

© British Medical Association 2008

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