The European Commission has presented an ambitious and far-reaching proposal for a Directive to create a internal market in services.
The proposed Directive covers all services provided to consumers and businesses except services provided directly by public authorities for no remuneration, in fulfilment of their social, cultural, educational or legal obligations. It does not cover those services that are already covered by specific EU law, such as financial services, telecommunications and transport.
It thus includes a wide range of activities including, for example distributive trades (notably retailing), construction (including architectural services, leisure services such as travel agencies and tour operators, information technology-related services, advertising, car rental, employment agencies, security services, audiovisual services and healthcare services.
It also includes services provided by regulated professions (those, such as medicine and legal and fiscal advice, to which access is limited to people with specific professional qualifications) without prejudice, however, to the application of existing Community provisions in that field. Services are covered whether they are provided in person or at a distance, including via the Internet.
The broad range of services covered by the proposed Directive represent approximately 50 % of all economic activity and 60% of jobs in the EU. The proposal will now go forward to the European Parliament and the Council of Ministers for review.
On healthcare the Commission’s press release states the following:
The proposed Directive would also clarify the rights of patients by setting out, based on European Court of Justice case law, the conditions under which national social security systems must reimburse the costs of medical care received in other Member States. For non-hospital services, patients must be reimbursed by their home Member State for health care elsewhere in the EU, to the extent and at the tariff that the services concerned would normally be reimbursed if administered in the home Member State. For hospital care in another Member State, prior authorisation may be required but must be granted if the care concerned would normally be reimbursed in the home Member State but cannot be delivered there within a time limit which is medically justifiable, taking into account the patient’s current state of health and the probable cause of the illness. Moreover, a comprehensive strategy for addressing patient mobility and healthcare developments in Europe is due to be outlined in a Communication to be issued by the Commission in Spring 2004, setting out proposals responding to the High Level Group’s Recommendations on Patient Mobility.
