Decision No 138

of 17 February 1989

concerning the interpretation of Article 22 (1) (c) (i) of Regulation (EEC) No 1408/71 in the case of organ transplants or other forms of surgery requiring tests on biological samples while the person concerned is not present in the Member State where the tests are carried out

(89/C 287/04)

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

Having regard to Article 81 of Council of 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 their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Council of Regulation (EEC) No 1408/71 and subsequent Regulations;

Whereas Article 22 (1) (c) of Regulation (EEC) No 1408/71 refers to the case of an insured person going to the territory of the Member State to which he has been authorized to go for treatment;

Whereas in certain cases tests on biological samples that are indispensable before and/or after an organ transplant or other forms of surgery can be carried out only in the Member State to which the person concerned has been authorized by the competent institution to go for treatment but are not carried out during the stay of the person concerned in the territory of that Member State;

Whereas these tests on biological samples form an integral part of the whole range of pre- and post-operative examinations, of the surgery and of all the services provided pursuant to the legislation of the Member State to which the insured person has been authorized to go and whereas all the costs pertaining to these benefits must be borne by the competent institution;

Whereas, consequently, the interpretation of Article 22 (1) (c) of Regulation (EEC) No 1408/71 should be clarified to specify that it also covers the tests on biological samples carried out in a Member State other than the competent State before and/or after an organ transplant or surgery duly authorized by the competent institution, even if such tests are not carried out during the stay of the person concerned in the territory of the other Member State;

Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS:

1. Tests on biological samples carried out by a Member State other than the competent State which are duly authorized by the competent institution shall be covered by Article 22 (1) (c) of Regulation (EEC) No 1408/71, even if these tests are not carried out during the stay of the person concerned in the territory of the other Member State.

2. In this case the competent institution shall use form E 112 to authorize the tests and the dispatch of biological samples to the other Member State.

Upon agreement between the competent institution and the institution of the place of stay, form E 112 and the biological samples must be sent to the hospital ordering the tests.

3. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable from the first day of the fourth month following its publication.

The Chairman of the Administrative Commission

B. Díez Rodríguez

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