30.4.2004 EN Official Journal of the European Union L 160/135 
             
 
Decision No 196 of 23 March 2004 
pursuant to Article 22(1a) 
 
(Text with relevance to the EEA a nd to the EU/Switzerland Agreement) 
 
(2004/482/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(1a) of Regulation (EEC) No 1408/71 as amended by 
Regulation (EC) No 631/2004. of 31 March 2004 of the European Parliament and of the 
Council
2, 
 
Having regard to Decision No 163 of 31 May 1996 concerning the interpretation of Article 22(a) of Regulation (EEC) No 1408 /71 for persons undergoing dialysis and 
persons undergoing oxygen therapy
3, 
 
Whereas:  
(1)  Pursuant to Article 22(1a) of Regulation (EEC) No 1408/71 as amended by 
Regulation (EC) No 631/2004 of 31 March 2004, the Administrative Commission has been instructed to draw up a list of the benefits in kind which, for practical 
reasons, require a prior agreement between the patient and the unit providing the 
treatment in question, so that these benefits can be provided during a temporary stay in a Member State other than the competent State. The purpose of this agreement is 
to facilitate the free movement of th e persons concerned in medically safe 
conditions.  
 
                                                
 
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 241 of 21.9.96, p.31 
(2)   The objective of the prior agreement provided for in Article 22(1a) is to guarantee 
the continuity of the treatment needed by an insured person during a stay in another 
Member State.  
 (3)  In the light of this objective, the essent ial criteria for defining the benefits in kind 
requiring a prior agreement between the patient and the unit providing care in 
another Member State are the vital nature of the medical treatment and the fact that this treatment is accessible only in specialised medical units  and/or by specialised 
staff and/or equipment . A non-exhaustive li st based on these criteria is given in the 
Annex to this Decision, 
 
 
HAS DECIDED AS FOLLOWS:  
1. Any vital medical treatment which is accessible only in specialised medical units 
and/or by specialised staff a nd/or equipment must in principle be the subject of a 
prior agreement between the patient and the unit providing the treatment in 
question, in order to ensure that the tr eatment is available during the insured 
person’s temporary stay in another Member State.  
 
2. A non-exhaustive list of the treatments wh ich fulfil the criteria set out in point 1 
of this Decision is given in the Annex hereto. 
 
3. This Decision shall replace Decision No 163 of 31 May 1996. It shall be 
published in the Official Journal of the European Union . It shall be applicable 
from 1 June 2004. 
  
  
The Chairman of the Administrative Commission 
  
Tim QUIRKE 
Annex 
 
Illustrative list of vital treatments requiring, during a temporary stay in another 
Member State, the prior agreement of the unit providing such treatment 
 
 
  
- kidney dialysis 
- oxygen therapy