2005/965/EC: Decision No 203 of  26 May 2005  amending Decision No 170 of  11 June 1998  concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 Text of relevance to the EEA and to the EU/Switzerland Agreement
Date: 2005-05-26
Institutions: Administrative Commission on Social Security for Migrant Workers, European Commission
Subjects: health card, migrant worker, residence, social security legislation, social-security benefit, social-security harmonisation

31.12.2005

EN

Official Journal of the European Union

L 349/27

COMMISSION

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

DECISION No 203

of 26 May 2005

amending Decision No 170 of 11 June 1998 concerning the compilation of the lists provided for in
Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72

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

(2005/965/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 admin-
istrative question arising from Regulation (EEC) No 1408/71 and subsequent regulations,

Having regard to Article 36(2) of the aforementioned Regulation (EEC) No 1408/71,

Having regard to Articles 17(1) to (4), 29(1) to (3), 30(1) and (3), 94(4) and (5), 95(4) and (5) and 102(2) of
Council Regulation (EEC) No 574/72 (2),

Having regard to Decision No 170 (3), as amended by Decision No 185 (4),

Whereas:

(1)

(2)

The introduction of the European Health Insurance Card, whose period of validity may substantially
exceed that of the old form E 111, is giving rise to difficulties in compiling, in accordance with the
provisions of Decision No 170, the lists provided for in Articles 94(4) and 95(4) of Regulation (EEC)
No 574/72.

In order to ensure that the members of the family of a worker (employed or self-employed) or a
pensioner and/or the members of their family are able to fully enjoy the entitlements conferred by
Regulation (EEC) No 1408/71 in the event of a change of place of residence to a Member State other
than the competent State, the date indicated on forms E 109 and E 121 must automatically have
priority over the date of expiry of entitlements indicated on forms E 106 and E 112, the European
Health Insurance Card or the new model for form E 111, and form E 128 which were issued to these
persons.

(1) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament

and of the Council (OJ L 117, 4.5.2005, p. 1).

(2) OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 647/2005.
(3) OJ L 275, 10.10.1998, p. 40.
(4) OJ L 55, 1.3.2003, p. 74.

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Official Journal of the European Union

31.12.2005

(3)

(4)

In order to avoid double payments by the competent institution (lump sums and actual costs),
procedures should be put
the family of a worker
(employed or self-employed) or a pensioner and/or the members of their family, who have moved
their place of residence to another Member State, from continuing to use the European Health
Insurance Card issued by the competent institution beyond the start date from which the lump
sums are to be calculated.

in place which prevent

the members of

Procedures should also be put in place to avoid a situation where, in the event that the members of
the family of a worker (employed or self-employed) or a pensioner and/or the members of their
family move their place of residence within the competent State or to a Member State other than the
State of residence, these persons continue to use the European Health Insurance Card issued by the
institution of the place of residence beyond the date from which the lump sums are no longer to be
calculated,

HAS DECIDED AS FOLLOWS:

Article 1 of Decision No 170 is amended as follows:

Article 1

(a) point I.2(c) is deleted;

(b) point I.2(d) is replaced by the following:

‘the date on which form E 109 is received by the institution of the place of residence, where neither the
date on which entitlement to benefits in kind is acquired under the legislation of the competent State as
provided for in paragraph (a) nor the date of change of residence as provided for in paragraph (b) is
indicated on the form concerned.’;

(c)

the following point I.2a is inserted:

‘The institution of the place of residence shall inform the competent institution about the registration of
the person concerned in order that the latter institution notify it of the measures to be applied on its
behalf in order to avoid the person concerned continuing to use the European Health Insurance Card
issued by the competent institution.

The institution of the place of residence shall inform the person concerned that, as from the date of
their registration with that institution, the European Health Insurance Card issued by the competent
institution is no longer valid. Where appropriate, it shall provide a new European Health Insurance
Card.’;

(d) the following point I.4a is inserted:

‘The institution of the previous place of residence shall inform the competent institution and/or the
institution of the new place of residence about the measures to be applied in order to avoid the insured
person continuing to use the European Health Insurance Card issued by it beyond the date of regis-
tration.

The competent institution and/or the institution of the new place of residence shall inform the person
concerned that the European Health Insurance Card issued by the institution of the previous place of
residence is no longer valid after the date from which the lump sums are no longer to be calculated.
Where appropriate, it shall provide a new European Health Insurance Card.’;

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(e) point II.2(c) is deleted.

(f) point II.2(d) is replaced by the following:

‘the date on which form E 121 is received by the institution of the place of residence, where neither the
date on which entitlement to benefits in kind is acquired under the legislation of the competent State as
provided for in paragraph (a) nor the date of change of residence as provided for in paragraph (b) is
indicated on the form concerned.’;

(g) the following point II.2a is inserted:

‘The institution of the place of residence shall inform the competent institution about the registration of
the person concerned in order that the latter institution notify it of the measures to be applied in order
to avoid the insured person continuing to use the European Health Insurance Card issued by it.

The institution of the place of residence shall inform the person concerned that, as from the date of
their registration with that institution, the European Health Insurance Card issued by the competent
institution is no longer valid. Where appropriate, it shall provide a new European Health Insurance
Card.’;

(h) the following point II.4a is inserted:

‘The institution of the previous place of residence shall inform the competent institution and/or the
institution of the new place of residence about the measures to be applied in order to avoid the insured
person continuing to use the European Health Insurance Card issued by it beyond the date of regis-
tration.

The competent institution and/or the institution of the place of residence shall
inform the person
concerned that the European Health Insurance Card issued by the institution of the previous place of
residence is no longer valid after the date from which the lump sums are no longer to be calculated.
Where appropriate, it shall provide a new European Health Insurance Card.’

This Decision shall be published in the Official Journal of the European Union.

Article 2

It shall apply from 1 January 2006.

The Chairman of the Administrative Commission

Claude EWEN