CELEX: 32004D0481
Language: en
Date: 2004-03-23 00:00:00
Title: 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)

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.
 ---pagebreak--- (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