Answer given by Mr Reynders on behalf of the European Commission

22.2.2024

The framework agreement covers accommodation of and support to persons with disabilities recognised by the competent French institution in establishments in Wallonia.

It covers care under Regulation 883/2004 in case of a referral to an establishment by the French institution and direct cover by France according to its own rates.

The Commission recalls that Member States are free to organise their social security systems and delivery of medical care[1]. Thus, Member States may make the reimbursement for support received abroad subject to certain conditions, provided that they do not create or maintain unjustified restrictions on the exercise of the freedom to provide services.

The Commission understands that the moratorium does not deprive people with disabilities from receiving aid in France or from covering the support provided for under the French system.

It also does not change the procedure for obtaining prior authorisation under Article 20 of Regulation (EC) 883/2004 to allow insured persons to obtain support in Belgium if the support cannot be provided in France and Belgium is available to provide for it.

Since such a treatment outside of France is independent from the person’s nationality in the same way as nationality not relevant for the availability of care in Belgium, the Commission fails to see that the moratorium would amount to discrimination on grounds of nationality.

Finally, the moratorium does not prevent the persons concerned from moving to Belgium.

• [1] Article 168(7) of the Treaty on the Functioning of the European Union.