Corrigendum to Decision No 196 (2004/482/EC) of 23 March 2004 on the interpretation of Article 22(1a) of Council Regulation (EEC) No. 1408/71 for persons undergoing dialysis and persons undergoing oxygen therapy (Official Journal of the European Union L 160 of 30 April 2004)
Date: 2004-06-12
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: free movement of persons, health policy, therapeutics

12.6.2004

EN

Official Journal of the European Union

L 212/83

Corrigendum to Decision No 196 (2004/482/EC) of 23 March 2004 on the interpretation of Article 22(1a) of
Council Regulation (EEC) No. 1408/71 for persons undergoing dialysis and persons undergoing oxygen therapy

(Official Journal of the European Union L 160 of 30 April 2004)

Decision No 196 (2004/482/EC) should read as follows:

Decision No 196

of 23 March 2004

on the interpretation of Article 22(1a) of Council Regulation (EEC) No 1408/71 for persons under-
going dialysis and persons undergoing oxygen therapy

(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 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 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 the
European Parliament and of the Council (2),

Having regard to Decision No 163 of 31 May 1996 concerning
the interpretation of Article 22(1)(a) of Council Regulation
(EEC) No 1408/71 for persons undergoing dialysis and persons
undergoing oxygen therapy (3),

Whereas:

(1)

to Article 22(1a) of Regulation (EEC) No
Pursuant
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.

(2)

The objective of the prior agreement provided for in
Article 22(1a) is to guarantee the continuity of the treat-

(3)

ment needed by an insured person during a stay in
another Member State.

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. 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 agree-
ment between the patient and the unit providing the treat-
ment in question, in order to ensure that the treatment is
available during the insured person's temporary stay in
another Member State.

2. 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.

3. This Decision shall replace Decision No 163 of 31 May
1996. It shall be published in the Official Journal of the Euro-
pean Union. It shall be applicable from 1 June 2004.

The Chairman of the Administrative
Commission

Tim QUIRKE

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

(2) OJ L 100, 6.4.2004, p. 1.
(3) OJ L 241, 21.9.96, p. 31.

L 212/84

EN

Official Journal of the European Union

12.6.2004

Illustrative list of vital treatments requiring, during a temporary stay in another Member State, the prior agree-
ment of the unit providing such treatment

ANNEX

— kidney dialysis

— oxygen therapy