Recognition of traditional Chinese medicine

Subject: Recognition of traditional Chinese medicine

The EU does not recognise traditional Chinese medicine (TCM) as a therapeutic method, although it has been practised throughout the world for centuries and proven to deliver positive results. While in Chinese hospitals, doctors trained in traditional and Western medicine work side by side for the good of the patient, respecting the universal right of the latter to decide whether and how to be treated, Chinese people living in Europe do not have access to the same TCM treatments as at home.

So far, Hungary is the only of the 27 Member States to have declared that practitioners having completed at least five years of study at a Chinese TCM university are free to practise this type of medicine. The EU is bound by Article 168 of the TFEU to ensure a high level of human health protection by acting, in complementarity with national policies, to improve public health.

In view of this:

1. Does the Commission intend to introduce legislation to see to the recognition of a degree in TCM in all Member States and of the ensuing official authorisation to work as a ‘TCM practitioner’?

2. Does it not think that each Member State should be free to decide whether the costs of these treatments should be borne by the general taxation system?

Submitted:10.4.2024

Answer given by Mr Breton on behalf of the European Commission

(10 June 2024)

It is the competence of the Member States to decide whether to introduce requirements for the access and exercise of professional activities in their territory (1), including the activities in the area of traditional Chinese medicine. Any such requirements must be non-discriminatory, justified by a legitimate public interest objective and proportionate.

The organisation of education and training systems remain a national competence, in line with Articles 165 and 166 of the Treaty on the Functioning of the European Union (2).

It is thus within the competence of Member States to decide whether to introduce and recognise a degree in traditional Chinese medicine.

Furthermore, definition of the health policy and the organisation and delivery of health services and medical care are the responsibility of the Member States according to Article 168(7) of the Treaty on the Functioning of the European Union.

This means that Member States decide which services and medical products are included in healthcare coverage and on rules of reimbursement of medical care.

1 ∙ ⸱ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32005L0036

2 ∙ ⸱ https://eur-lex.europa.eu/resource.html?uri=cellar:2bf140bf-a3f8-4ab2-b506-fd71826e6da6.0023.02/DOC_2&format=PDF