Key Benefits:
The President of the Republic,
On the Prime Minister and the Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2006-1255 of 13 October 2006 authorising the approval of the framework agreement between the Government of the Republic French and the Government of the Federal Republic of Germany on cross-border health cooperation;
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into By France,
Describes:
The framework agreement between the Government of the French Republic and the Government of the Republic Federal Republic of Germany on cross-border health cooperation, signed at Weil am Rhein on 22 July 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister The execution of this Decree shall be published in the Official Journal of the French Republic.
A C C O R D-C A D R E
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON SANITARY COOPERATION TRANSBOUNDARY
The Government of the French Republic, on the one hand, and Government of the Federal Republic of Germany, on the other hand, hereinafter referred to as the Parties,
Conscious of the tradition of population mobility between France and Germany, as well as the implementation of the various projects Cross-border cooperation,
Conscious of the issues of continuous improvement in the quality of care and the organisation of care systems,
Desiring to lay the foundations for in-depth cross-border health cooperation between the France and Germany in order to improve access to care and to guarantee their Continuity for populations in the border area,
Desiring to facilitate the use of mobile emergency services for border area populations,
Desiring to simplify administrative and financial procedures, by Account of the provisions of Community law and case-law,
Decided to facilitate and promote this cooperation through the conclusion of agreements on cross-border health cooperation, including emergency relief, in the Respect for domestic law and international commitments of Parties,
have agreed as follows:
Article 1
Purpose
The purpose of this Framework Agreement is to clarify the legal framework for cross-border health cooperation. Including emergency relief, between France and Germany in the perspective of:
-ensuring better access to quality care for people in the border area,
-ensuring continuity of care for these same populations,
-to ensure the fastest use of emergency resources,
-to optimize the organization of the offer of care by facilitating the use or sharing of human and material resources,
-to promote the pooling of knowledge and practices.
Article 2
Field Application
1. This framework agreement shall apply to the following border area:
(a) in the French Republic, in the Alsace region and in the Lorraine region,
(b) in the Federal Republic of Germany in the Länder of Baden-Württemberg, Rhineland-Palatinate and Sarre.
2. The competent authorities for the organisation of access to care and social security shall implement this framework agreement.
3. This Framework Agreement shall apply to any person who may benefit from the sickness insurance benefits of one of the Parties, ordinarily residing or staying temporarily in the border area referred to in paragraph 1. This Framework Agreement shall apply to any person ordinarily resident or temporarily residing in the border area referred to in paragraph 1 and in need of emergency care.
Article 3
Conventions Cooperation
1. For the purposes of this Framework Agreement, both Parties shall designate in the Administrative Arrangement referred to in Article 9, persons or authorities who may conclude cooperation agreements in their field of internal
. These conventions shall organise cooperation between health structures and resources located in the border area, having an anchor point or part of a network involved in that area
Complementarities between existing health structures and resources, As well as the creation of cooperative bodies or common structures.
3. These agreements provide for the conditions and modalities for care structures, social security agencies and the intervention of health professionals, as well as for the care of patients.
These terms and conditions Concern, in particular, depending on the subject matter, the following areas:
-the cross-border intervention of healthcare professionals, for the French part in particular their statutory aspects,
-the organisation of emergency relief and the transport of patients,
-the guarantee of continuity of the Care including, in particular, the reception and information of patients,
-the criteria for the evaluation and control of quality and safety of care and
-the financial means necessary for the implementation of cooperation, in particular to the Reimbursement of expenses incurred in connection with the mobilization of Resources for treating patients.
4. Existing agreements shall comply with this Framework Agreement in accordance with the terms of the administrative arrangement referred to in Article 9.
Article 4
Health Care Professionals
The staff authorised to carry out activities in the field of relief in the territory of a Party shall not require the authorization of professional exercise granted by the other Party for the temporary exercise of such activities in the context of Cross-border emergency relief interventions To be exempt from compulsory membership in a professional chamber of the other country.
In addition, they are required to respect the law in force in the territory of the other Party.
This Applicable in particular to rights and obligations in respect of professional law applicable to the area of the Party in whose territory the intervention is made.
Article 5
Border Crossing
In connection with relevant authorities, The Parties shall take any necessary measures to facilitate the crossing of the common border for the implementation of this Framework Agreement.
Article 6
Support of
by a system of Social security
1. The provisions of the European Community regulations relating to the coordination of social security schemes shall apply for the implementation of cooperation agreements.
2. Where prior authorisation is required to receive care in the border area, the health cooperation agreements may provide that this authorisation shall be issued automatically by the social security institution
3. However, cooperation agreements which provide for direct care by the competent institution of the care received under the conditions referred to in paragraph 2 of Article 3 may, where necessary, provide for a specific fee for Acts and care as defined in the administrative arrangement referred to in section 9.
Article 7
Liability
1. The applicable law on liability, including medical liability, is determined by the respective national law.
2. A liability insurance liability covering any damage that may be caused by their activity In the framework of cross-border health cooperation, is imposed on health professionals and health care facilities and services provided for in the framework of a cooperation agreement. The terms and conditions will be settled in the administrative arrangement referred to in section 9.
Article 8
Joint Commission
1. A Joint Committee consisting of representatives of the competent authorities of each Party shall be responsible for monitoring the application of this Framework Agreement and proposing any amendments to it. It shall meet once a year and, as appropriate, at the request of either Party.
2. The difficulties in applying or interpreting this Framework Agreement shall be resolved by the Joint Committee.
3. Each year, the Joint Committee draws up an evaluation report on the operation of the cross-border health cooperation mechanism.
Article 9
Administrative Arrangement
An Arrangement Administrative arrangements concluded by the competent authorities of the Parties shall lay down detailed rules for the application of this framework agreement.
Article 10
Entry into force
Each Party shall notify the other The fulfilment of the internal conditions necessary for the entry into Strength of this Framework Agreement. It shall enter into force on the first day of the second month following the date of receipt of the last of those notifications.
Article 11
Duration and Denunciation
1. This Framework Agreement shall be concluded for an indefinite period.
2. Each Party to this Framework Agreement may denounce it at any time by written notification addressed to the other Party by diplomatic means. Such denunciation shall take effect twelve months after the date of receipt of such notification.
3. The denunciation of this Framework Agreement shall not prejudice the maintenance in force of the health cooperation agreements.
Done at Weil am Rhein on 22 July 2005, in two copies, each in the French and German languages, the two texts making Also authentic.
For the
Government of the French Republic:
Xavier Bertrand,
Minister of Health and solidarities
For the Government of
of the Federal Republic of Germany:
Ulla Schmidt,
Federal Minister of Health
Thomas Läufer,
Director of Legal Affairs
of the Department of Foreign Affairs
Done at Paris, June 15, 2007.
Nicolas Sarkozy
By the President of the Republic:
Prime Minister,
François Fillon
Foreign Affairs Minister
and European,
Bernard Kouchner
