He explained that recent European Court of Justice cases implied that the legislative bodies of the EU were to legislate on the matter, while still respecting the competency of Member States regarding the structure and funding of their health care systems. Under current EU law, Brussels is charged with supporting Member States in "improving public health, preventing human illness and obviating sources of danger to human health." It also has powers in consumer protection tasked with "contribut[ing] to protecting the health, safety and economic interests of consumers."

"Our objective is to bring legal certainty to Member States, health care providers and patients," said the EU public health commissioner.

It is clear that patients have the right to travel within the EU to seek treatment if they cannot be treated within their own health system within a reasonable time. However rules need to be drafted on the reimbursement by the home country of the costs involved. The Commissioner promised to tackle the issue of how to protect receiving countries from a radical increase in patients - especially where the state contributes significantly resulting in cheaper health care services.

Kyprianou stated that a wide consultation would precede the drafting of a new health service directive. Explaining that existing limitations reinforce delays, he sketched what will be contained in the proposed directive.  Only costs incurred abroad by patients undergoing waiting times for treatment that exceeded an acceptable – but undefined – limit will be reimbursed by the home country Costs will only be reimbursed for services covered by national health insurance while patients will be allowed to pay for extra services themselves.

A consultation of all health stakeholders started on 26 September, via the DG SANCO’s website

The aim is to “develop [a] Community Framework for safe, high-quality, and efficient health services. The framework will be based on 2 pillars:

• legal certainty on freedom of movements of patients, healthcare professionals and health services.
• support for Member States in areas where European action can add value to their national provision of health services
  

The consultation is in the form of a 12-page document that includes general information and explanations and 9 questions to be answered by email or ordinary mail. The consultation will end on 31 January 2007.

Finally, any EU law should also suggest new ways for professionals to travel to meet patients in other Member States to perform specialised operations as well as promote e-Health.