30.4.2004 EN Official Journal of the European Union L 160/133 
             
 
Decision No 195 of 23 March 2004 
on the uniform application of Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 as 
regards health care in conjunction with pregnancy and childbirth 
 
(Text with relevance to the EEA a nd to the EU/Switzerland Agreement) 
 
 
(2004/481/EC) 
 
  
The Administrative Commission on Social Security for Migrant Workers, 
 Having regard to Article 81(a) 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
1, under the terms of which it 
is responsible for dealing with any admini strative question arising from Regulation 
(EEC) No 1408/71 and subsequent Regulations, 
 Having regard to Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 relating to benefits 
in kind during a temporary stay in a Member State other than the competent State, as 
amended by Regulation (EC) No 631/2004 of 31 March 2004…. amending Regulations 
(EEC) No 1408/71 and 574/72 as regards the alignment of rights and the simplification of 
procedures
2, 
 
Having regard to Decision No 183 of 27 June 2001 on the interpretation of Article 22(1)(a) of Regulation (EEC) No 1408/7, concerning health care in conjunction with 
pregnancy and childbirth
3 and Decision  No 194 of 17 December 2003 concerning the 
uniform application of Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71 in the Member State of stay. 
 
Whereas:  
(1) Decision No 183 of 27 June 2001 stipulates that health care in conjunction with 
pregnancy and childbirth provided before the beginning of the 38th week of pregnancy in a Member State other than the competent State must be regarded as 
immediately necessary care in accordance wi th the aforementioned provisions if the 
reasons for this stay are other than medical. 
 
                                                
 
1  OJ L 149 of 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No … of the European 
Parliament and of the Council. 
2  OJ   L 100 of 6.4.2004, p.1 … 
3  OJ L 54 of 25.2.2002. 
(2) The provisions of Article 22(1)(a)(i) of  Regulation (EEC) No 1408/71 were amended 
by Regulation (EC) No 631/2004 of 31 March 2004….  and henceforth stipulate that 
any insured person staying in a Member State other than the competent State is 
entitled to the benefits in kind required on medical grounds during the stay, taking account of the nature of the benefits and the expected duration of the stay. 
 
  
(3)  Accordingly, Decision No 183 no longer serves any purpose and must be repealed, 
  
 
HAS DECIDED AS FOLLOWS:  
1.  The amount of the benefits in kind provided in conjunction with pregnancy and 
childbirth and required during a temporary stay in another Member State must be borne by the insured person’s competent institution in accordance with Article 
22(1)(a)(i) of Regulation (EEC) No 1408/71. 
  
2. The present Decision, which replaces Deci sion No 183 of  27 June 2001, will be 
published in the Official Journal of the European Union . It will be applicable 
from 1 June 2004 
 
  
  
The Chairman of the Administrative Commission  
 
  
 
 
Tim Quirke