2004/481/EC:Decision No 195 of 23 March 2004 on the uniform application of Article 22(l)(a)(i) of Regulation (EEC) No 1408/71 as regards health care in conjunction with pregnancy and childbirth (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: motherhood, social-security benefit, social-security harmonisation, worker (EU)

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 and 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 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(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 
procedures2, 

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  childbirth3  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 with 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 Decision 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