CELEX: 32004D0482
Language: en
Date: 2004-03-23 00:00:00
Title: 2004/482/EC:Decision No 196 of 23 March 2004 pursuant to Article 22(1a) (Text with relevance to the EEA and to the EU/Switzerland Agreement)

30.4.2004            EN        Official Journal of the European Union                      L 160/135
                               Decision No 196 of 23 March 2004
                                  pursuant to Article 22(1a)
           (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 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(1a) of Regulation (EEC) No 1408/71 as amended by
Regulation (EC) No 631/2004. of 31 March 2004 of the European Parliament and of the
Council2,
Having regard to Decision No 163 of 31 May 1996 concerning the interpretation of
Article 22(a) of Regulation (EEC) No 1408/71 for persons undergoing dialysis and
persons undergoing oxygen therapy3,
Whereas:
(1)    Pursuant to Article 22(1a) of Regulation (EEC) No 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.
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 241 of 21.9.96, p.31
 ---pagebreak--- (2) The objective of the prior agreement provided for in Article 22(1a) is to guarantee
    the continuity of the treatment needed by an insured person during a stay in another
    Member State.
(3) 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 agreement between the patient and the unit providing the treatment 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 European Union. It shall be applicable
      from 1 June 2004.
                                      The Chairman of the Administrative Commission
                                      Tim QUIRKE
 ---pagebreak---                                            Annex
   Illustrative list of vital treatments requiring, during a temporary stay in another
       Member State, the prior agreement of the unit providing such treatment
- kidney dialysis
- oxygen therapy