2003D0148 — EN — 27.06.2002 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B DECISION No 185
of 27 June 2002
amending Decision No 153 of 7 October 1993 (form E 108) and Decision No 170 of 11 June 1998
(compilation of the lists provided for in Article 94(4) and Article 95(4) of Council Regulation
(EEC) No 574/72 of 21March 1 972
(Text with EEA relevance)
(2003/148/EC)
(OJ L 55, 1.3.2003, p. 74)
Corrected by:
►C1Corrigendum, OJ L 173, 11.7.2003, p. 44 (2003/148/EC)
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DECISION No 185
of 27 June 2002
amending Decision No 153 of 7 October 1993 (form E 108) and
Decision No 170 of 11 June 1998 (compilation of the lists providedfor in Article 94(4) and Article 95(4) of Council Regulation (EEC)
No 574/72 of 21March 1 972
(Text with EEA relevance)
(2003/148/EC)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81(a) of Council Regulation (EEC) No 1408/
71 of 14 June 1971 on the application of social security schemes to
employed persons, to self-employed persons and to members of theirfamily moving within the Community (
1), pursuant to which it is the
duty of the Administrative Commission to deal with all administrativematters arising from Regulation (EEC) No 1408/71 and subsequentregulations,
Having regard to Article 2(1) of Council Regulation (EEC) No 574/
72 (
2), pursuant to which it is the duty of the Administrative Commis-
sionto draw up models of certificates, certified statemen ts,declarations, applications and other documents necessary for the appli-cationof the regulation s,
Having regard to Decision No 153(
3) onthe model forms n ecessary for
the applicationof these Regulation s (E 001, E 103 to E 127),
Having regard to Decision No 170(4) concerning the compilation of the
lists provided for in Article 94(4) and Article 95(4) of Council Regula-
tion(EEC) No 574/72,
Whereas:
(1)It is necessary to update the forms to take account of changes to
national legislation in the Member States.
(2)The current structure of form E 108 as shown in Decision No153 does not allow the institution in the place of residence tonotify the competent institution of the cessation of entitlementto health benefits affecting both the pensioner and any members
of his or her family residing in a Member State other than the
competent State.
(3)The amendment of form E 108 requires certain amendments to
Decision No 170 to adapt it to the new function of form E 108.
(4)The one-year validity of form E 121 issued by German, French,
Italian and Portuguese institutions can only relate to the applica-tion of Article 30, and not Article 29, of Regulation (EEC) No
574/72,
HAS DECIDED AS FOLLOWS:
1. The model form E 108 as set out inDecisionNo 153 shall be
replaced by the model appended hereto.
2. Decision No 170 is amended in accordance with the Annex to this
Decision.2003D0148 — EN — 27.06.2002 — 000.001 — 2
(1) OJ L 149, 5.7.1971, p. 2.
(2) OJ L 74, 27.3.1972, p. 1.
(3) OJ L 244, 19.9.1994, p. 22.
(4) OJ L 275, 10.10.1998, p. 40.
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3. This Decisionshall be published inthe Official Journal of the
European Union . It shall be applicable from the date of its adoption
by the Administrative Commission of the European Communities on
Social Security for Migrant Workers.
The Chairman of the Administrative
Commission
Carlos GARCÍA DE CORTÁZAR2003D0148 — EN — 27.06.2002 — 000.001 — 3
▼B
ANNEX
DecisionNo 170 is amen ded as follows:
(a) Article 1, section‘I. LIST PROVIDED FOR IN ARTICLE 94(4), Families
of employed or self-employed persons’ is amended as follows:
(i) point 3 is replaced by the following:
‘3. The competent institution or the institution of the place of resi-
dence, as the case may be, shall inform the institution of the place
of residence or the competent institution of the suspension or with-
drawal of entitlement to benefits in kind by sending it two copies
of form E 108, with part A completed. The receiving institution,
after completing part B of the form, must return one copy to the
sending institution.’;
(ii) in point 4 the existing paragraphs (c) and (d) are renumbered (d) and
(e), and a new paragraph (c) is added as follows:
‘(c) the date of suspension or withdrawal of entitlement notified by the
institution of the place of residence to the competent institution.
This date shall be stated onform E 108 an d shall be the date on
which form E 109 ceases to apply.’;
(iii) point 5 is replaced by the following:
‘5. The institution of the place of residence shall keep the list up to
date, by taking as a basis its own information or that provided by
the competent institution concerning acquisition of entitlement
(form E 109) or suspension or withdrawal of such entitlement
(form E 108), and taking account of the one-year validity of E
109 forms issued by German, French, Italian and Portuguese insti-
tutions, though without prejudice to the form with which it is
possible to end validity of this entitlement as soon as facts occur
which, under the legislation of these Member States, justify the
withdrawal or suspension of entitlement to benefits.’;
(b) Article 1, section‘II. LIST PROVIDED FOR IN ARTICLE 95(4),
Pensioners and/or members of their families’ is amended as follows:
(i) point 3 is replaced by the following:
‘The competent institution or the institution of the place of residence,
as the case may be, shall inform the competent institution or the insti-
tution of the place of residence of the suspension or withdrawal of
entitlement to benefits in kind by forwarding two copies of form E
108, with part A completed. After completing part B, the receiving
institution shall return one of these copies to the sending institution.
Where the E 108 form suspends or cancels an E 121 form, it shall, like
the E 121 form, be issued inrespect of a particular in dividual; inthe
event of the suspension or cancellation of a number of E 121 forms
for members of the same family, as many E 108 forms must be issued
as there are E 121 forms involved, even if the suspension or cancella-
tion dates are identical or if all the persons concerned are registered
with the same institution of the place of residence.’;
(ii)►C1in point 4 the existing paragraphs (d) and (e) becomes (e) and
(f), and a new paragraph (d) is added as follows:
‘(d) the date of suspension or withdrawal of entitlement notified by the
institution of the place of residence to the competent institution.
This date shall be stated onform E 108 an d shall be the date on
which form E 121 ceases to apply.’; ◄
(iii) point 5 is replaced by the following:
‘5. The institution of the place of residence shall keep the list up to
date by taking as a basis its own information or that supplied by
the institution responsible for the pension, or the competent sick-
ness insurance organisation of the Member State responsible for
the pension, concerning acquisition of entitlement (form E 121) or
the suspension or withdrawal of entitlement to benefits (form E
108), and taking account of the one-year validity period of E 121
forms issued by the German, French, Italian and Portuguese institu-
tions concerning cases in which pensioners' family members reside
ina Member State other thanthe competen t Member State where
the pensioner resides (Article 30 of Regulation (EEC) No 574/72),
though without prejudice to the form with which it is possible to
end validity of this entitlement as soon as facts occur which, under
the legislationof these Member States, justify the withdrawal or
suspension of entitlement to benefits.’2003D0148 — EN — 27.06.2002 — 000.001 — 4
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