2004/777/EC: Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191Text of 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: EFTA countries, EU Member State, accession to the European Union, health card, social-security harmonisation, transitional period (EU)

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Official Journal of the European Union

19.11.2004

COMMISSION

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

DECISION No 197

of 23 March 2004

on the transitional periods for the introduction of the European Health Insurance Card in
accordance with Article 5 of Decision No 191

(Text of relevance to the EEA and to the EU/Switzerland Agreement)

(2004/777/EC)

THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR
MIGRANT WORKERS,

Having regard to Article 81(a) of Council 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 which it is responsible for dealing with any administrative
question arising from Regulation (EEC) No 1408/71 and
subsequent Regulations,

Having regard to Decision No 191 of 18 June 2003 on the
replacement of
forms E 111 and E 111B by the European
Health Insurance Card (2),

Whereas:

(1)

Pursuant to Article 1 of Decision No 191, the European
Health Insurance Card will replace forms E 111 and
E 111B from 1 June 2004. The E 111 and E 111B
forms issued by the Member States’ competent
insti-
tutions before 31 May 2004 will remain valid until 31
December 2004 at the latest.

(2)

Pursuant to Article 5 of Decision No 191, the Member
States which do not have a health insurance card at the
time when the Decision is adopted may be granted a

(1) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation
(EC) No 631/2004 of the European Parliament and of the Council
(OJ L 100, 6.4.2004, p. 1).
(2) OJ L 276, 27.10.2003, p. 19.

(3)

(4)

this condition must

transitional period, which may not, however, extend
beyond 31 December 2005. The Member States which
inform the Administrative
fulfil
their
Commission before 1 December 2003 of
intention to claim such a period,
its
duration. After 1 June 2004, the competent institutions
of the Member States granted a transitional period will
therefore continue to issue E 111 forms, the validity of
which will expire at the end of the transitional period.
The new Member States which fulfil the abovementioned
condition must notify the Administrative Commission of
their wish to be allowed a transitional period and specify
its duration by 31 May 2004 at the latest.

specifying

In order to ensure clear and transparent information for
institutions and citizens, and to guarantee recognition of
the E 111 forms that will continue to be issued after
1 June 2004 in certain Member States, a list must be
drawn up of the Member States granted such a transi-
tional period. However, as regards the new Member
States and the EFTA countries this list can only be indi-
cative as long as Decision No 191 does not apply there.

From 1 June 2004, the competent institutions of the
Member States which do not have a transitional period
may no longer issue forms E 111 or E 111B. Conse-
if the European card is introduced gradually,
quently,
the Member States
institutions of
certain competent
concerned will have to issue to insured persons a
temporary replacement certificate if they are unable to
issue European cards. However, all the competent insti-
tutions must be able to issue cards by 1 January 2006 at
the latest.

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institutions of

these Member States shall
The competent
continue to issue E 111 forms in accordance with the
model laid down in Decision No 198 until the end of the
transitional period.

However, before the end of the transitional period, these
Member States may choose to shorten the transitional
period. The Member States shall notify the Administrative
Commission, at the latest three months before the intro-
the first European Card. The Administrative
duction of
Commission will amend the relevant annexes
to this
Decision in order to indicate the date on which the transi-
tional period of the Member State concerned will end.

2. The competent institutions of the Member States which do
not have a transitional period may no longer issue forms
E 111 or E 111B as from 1 June 2004. The competent
institutions of the Member States who do have a transitional
period but have decided to shorten this period accordingly,
paragraph 3 of point 1 of this Decision, may no longer issue
form E 111 from the date indicated in its notification to the
Administrative Commission.

The institutions of
issue a
temporary replacement certificate to any insured person
who cannot obtain a European card.

these Member States

shall

If the competent institution is not able to issue a European
Card, the mentions of field 8 and 9 of the temporary repla-
cement form are optional. The absence of this mention shall
not undermine the validity of the temporary replacement
form.

3. This Decision 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

(5)

(6)

(7)

(8)

Throughout the transitional period the competent insti-
tutions of the Member States concerned will continue to
issue E 111 forms to insured persons on the basis of the
model set out in Decision No 198 of 23 March 2004,
concerning the replacement and discontinuance of the
model forms necessary for the application of Regulations
(EEC) No 1408/71 and (EEC) No 574/72 of
the
Council (1).

However, Member States, which have a transitional
period, can choose to shorten the duration of
this
period. They must notify the Administrative Commission
of their decision at the latest three months before the
introduction of the first European Card. As a result of
this notification, the Member State concerned, may no
longer issue form E 111 from the date indicated in its
notification to the Administrative Commission.

for

the use of

A decision of the EEA Joint Committee will define the
arrangements
the European Health
Insurance Card in the European Economic Area. This
decision will set out
the
cards issued by the competent institutions of Norway,
Iceland and Liechtenstein.

in particular the model of

A decision of the Joint Committee for the Agreement on
the free movement of persons between the European
Community and its Member States and the Swiss Confed-
eration will define the arrangements for the use of the
European Health Insurance Card in relations between the
Member States and Switzerland. This decision will set out
in particular
the cards issued by the
competent institutions of the Swiss Confederation,

the model of

HAS DECIDED AS FOLLOWS:

1. The Member States included in the list annexed to this
Decision may be granted a transitional period for the intro-
duction of the European Health Insurance card from 1 June
2004.

(1) OJ L 259, 5.8.2004, p. 1.

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ANNEX I

List of Member States allowed a transitional period

Member State

Austria

Italy

Netherlands

Portugal

United Kingdom

Transitional period until

31 December 2005

31 October 2004

31 December 2005

28 February 2005

31 December 2005

ANNEX II

Indicative list of the new Member States which might be allowed a transitional period

New Member State

Transitional period until

Latvia

Lithuania

Malta

Poland

Slovakia

Cyprus

Hungary

31 July 2005

1 July 2005

31 December 2005

31 December 2005

31 December 2005

31 December 2005

31 December 2005

ANNEX III

Provisional list of the EFTA countries which might be allowed a transitional period (subject to the Decision of
the EEA Joint Committee)

EFTA member country

Iceland

Switzerland

Liechtenstein

Transitional period until

31 December 2005

31 December 2005

31 December 2005