ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION No 121 of 21 April 1983 concerning the interpretation of Article 17 (7) of Regulation (EEC) No 574/72 relating to the granting of prostheses, major appliances and other substantial benefits in kind

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Article 17 (7) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71, as last amended by Regulation (EEC) No 2793/81 of the Council of 17 September 1981,

Whereas it is essential to know whether the provision of Article 17 (7) of Regulation (EEC) No 574/72, under which the granting of benefits in kind, in the case provided for by Decision No 116, by the institution of the place of residence may form the subject of a reasoned objection by the competent institution and whether it has the effect of making the extent of those benefits dependent upon the provisions of the legislation of the competent country when there is no aboslute urgency;

Whereas by stipulating in paragraph 1 (a) that benefits in kind in the territory of the country of residence shall be provided by the institution of the place of residence in accordance with the provisions of the legislation applied by that institution, Article 19 of Regulation (EEC) No 1408/71 clearly defines the area of intervention of the legislation of the competent country in the provision of benefits in kind;

Whereas, in consequence, provision is made under Article 17 (7) of Regulation (EEC) No 574/72, for reasoned objection to be raised by the competent institution, that institution cannot object to the granting of a benefit deriving from implementation of the legislation of the country of residence because that benefit is not provided for by the legislation which it applies;

Whereas Article 17 (7) aims, however, at enabling the competent institution, when bearing the cost of actual expenditure incurred in providing benefits in kind by the institution of the place of residence, to exercise control over the granting of costly benefits in order to avoid abuses ; whereas it is advisable to specify the criteria on which that institution should base its objection, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED:

1. The extent of the benefits referred to in Article 17 (7) of Regulation (EEC) No 574/72 shall be determined only by the provisions of the legislation applied by the institution of the place residence.

2. In the case provided for by Decision No 116, when there is no absolute urgency, the competent institution, in view of the possibility of objection to the granting of a benefit in kind, shall in particular assess the advisability from the medical viewpoint of granting such a benefit, particularly when it has already provided a similar benefit.

3. This Decision shall apply by analogy for the interpretation of the provision of Article 60 (6) of Regulation (EEC) No 574/72.

4. This Decision replacing Decision No 82 of 22 February 1973, shall be published in the Official Journal of the European Communities. It shall enter into force on 1 January 1983.

The Chairman of the Administrative Commission

H. KAUPPER