Free movement of patients on the way? Confusion in EU polls CHF 9 billion: the federal government and UBS sign a contract for a loss guarantee

Swiss Federal Councilor Ignazio Cassis, right, speaks with European Commission Vice-President Maros Sefcovic during a working visit in Bern, Switzerland, Wednesday, March 15, 2023. (Peter Schne…
In two weeks, the Federal Council is expected to discuss benchmarks for new negotiations with Brussels. But now one of its most loyal allies is going a long way: the powerful pharmaceutical lobby. And that’s not the only problem that arises.
Stefan Buhler / ch media

“We strongly support a bilateral solution with the EU,” says René Buholzer, director of Interpharma. In fact, the association of research-based pharmaceutical companies in Switzerland has been lobbying for years through all channels for the renewal of the bilateral agreements and is urging the Federal Council to negotiate.

But now even Foreign Minister Ignazio Cassis, the main ally for a deal with Brussels, openly expresses doubts about the Federal Council’s strategy. The reason for this is the care agreement. This is one of the dossiers included in the package approach in the future exploration of the bilateral process with Brussels.

The idea behind it: the larger the negotiating mass, the more opportunities there are for compromise and mutual concessions, and the easier it is to find a solution. It only seems that this approach is being reversed. Will the package approach become a package bomb?

09/12/2017;  Basel;  Interpharma;  Portrait staff.  © Valeriano Di Domenico

“Until now, there has always been a coordination agreement in the health sector”, says Buholzer, “so a static convention that has to solve clearly defined problems.” Just like they showed up during the pandemic. But now another direction appeared:

“But now people are talking about an internal market deal in the health sector, which should include patient mobility and could also affect hospitals and pharmaceutical companies.”

Even if much is still unclear in terms of content, the Federal Council is opening up completely new construction sites, says Buholzer: “An internal market agreement is usually subject to the dynamic legal developments in the EU. There are often problems defining how far it applies. So we can’t say where the journey is going.” Even if Switzerland now only includes individual territories in this agreement, the door will be opened for the EU to take further steps in the longer term. “We are very skeptical – for us, the topic has the potential to further delay the much-needed stabilization of the bilateral relationship.”

His association has always advocated “maintaining and stabilizing the existing bilateral agreements, that is our priority”. With the extension of the polls towards an internal market agreement in the health sector, “there is a risk of overload”: the Swiss health sector is so far clearly separated from the EU, “and I don’t see it in the economy, in the cantons with their hospitals, or in the population that someone wants to fundamentally change this».

In any case, it is difficult to imagine that by the summer of 2024, when the EU Commission wants to conclude negotiations, a far-reaching health agreement can be concluded, “that is much too complex”.

Why is Interpharma expressing its criticism now? “We have only known for almost four weeks that it must be an internal market agreement and not just a coordination agreement”, Buholzer explains. They are now in contact with the responsible services of the federal administration, “but we are still in the dark about what the strategy of the Federal Council is”.

Free movement of patients: the EU pushes for a more far-reaching agreement

The criticism comes at an explosive time. According to reports, on June 21, the Federal Council will consider the cornerstones of a future negotiating mandate. It comes as a surprise that the health record now appears to be a new stumbling block. Because according to the mandate of the Federal Council, it is only a cooperation agreement.

It is clear that the EU wants a more comprehensive deal. Patient mobility is about the ability to receive treatment anywhere in the EU. According to the German Ministry of Health, the costs in other European countries are reimbursed by the health insurer up to the amount that would have been incurred in Germany. Some talk about free movement of patients.

This should not directly affect Interpharma. But the EU is also initiating reforms in other areas of health, for example with a pharmaceutical strategy. One of many measures: The EU Commission wants to shorten the time that manufacturers can market their medicines without competition by two years, as reported by CH Media. It is still unclear how far Brussels’ requests go in the consultations with Switzerland. No wonder the pharmaceutical industry is alarmed.

Expenditure by country of origin: a new gap in wage protection?

The fact that Interpharma only became aware of the new developments four weeks ago is probably due to the fact that the well-known issues were first discussed between Bern and Brussels: state aid, the EU citizens’ directive with access to social security and wage protection. Progress has been made on this point.

During his visit to Bern in March, EU Commissioner Maros Sevcovic offered the social partners a “non-regression clause”: a clause that guarantees wage protection at the current level, regardless of how the law develops in the EU. According to multiple sources, social partner leaders Sevcovic met again on Thursday via video call and confirmed his offer.

But there is already a new problem to be discussed: the issue of expenses for workers sent to Switzerland only for short assignments, the posted workers. According to a Seco analysis, there are “problems with spending,” said Pierre-Yves Maillard, president of the trade union federation. It is disputed whether the expense laws of their country of origin or those of Switzerland apply to these people. When they come from low-wage countries like Poland, a lot of money is quickly at stake.

“If our prices and standards are not used for housing, food, equipment and much more, but those of the country of origin, then the difference can be up to 2,000 francs per month and person.”Maillard says. Contrary to the EU’s promise that the same wages will be paid for the same work in the same place, this would be another loophole for wage dumping.

According to reports, it is impossible for Switzerland to exclude this part of EU law. However, the issue is highly controversial within the EU itself. And some countries would simply not apply this Posting of Workers Directive. The example shows that even if the Federal Council sets the benchmarks for the negotiations with Brussels at the end of June, there are still many questions that need to be clarified. Despite years of research.

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Amelia

Amelia

I am Amelia James, a passionate journalist with a deep-rooted interest in current affairs. I have more than five years of experience in the media industry, working both as an author and editor for 24 Instant News. My main focus lies in international news, particularly regional conflicts and political issues around the world.

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