2004/482/EC:Decision No 196 of 23 March 2004 pursuant to Article 22(1a) (Text with relevance to the EEA and to the EU/Switzerland Agreement)
Date: 2004-03-23
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: free movement of persons, health policy, therapeutics

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 and 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 Community1, under the terms of which it 
is  responsible  for  dealing  with  any  administrative  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 
Council2, 

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 therapy3, 

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  the  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 essential 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 list based on these criteria is given in the 
Annex to this Decision, 

HAS DECIDED AS FOLLOWS: 

1. 

2. 

3. 

Any vital medical treatment which is accessible only in specialised medical units 
and/or by specialised staff and/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  treatment  is  available  during  the  insured 
person’s temporary stay in another Member State.  

A non-exhaustive list of the treatments which fulfil the criteria set out in point 1 
of this Decision is given in the Annex hereto. 

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