DECISION No 74 of 22 February 1973 concerning the provision of medical care in cases of temporary stay under Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71 and Article 21 of Regulation (EEC) No 574/72

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

Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;

Whereas Decision No 21 published in the Official Journal of the European Communities No 45 of 26 July 1960 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision specifying the procedures for applying Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71, in the case referred to in Article 21 of Regulation (EEC) No 574/72;

HAS DECIDED:

1. The institution of the place of stay shall apply the provisions of Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71, in the case referred to in Article 21 of Regulation (EEC) No 574/72, only if the person concerned has applied to it before the end of his temporary stay in order either to submit to it a certified statement (Form E 111) issued by the competent institution or to ask the institution of the place of stay to enquire of the competent institution by means of Form E 107, about his entitlement to benefits.

In the latter case, the reply from the competent institution must confirm that the person concerned is enitled to benefits ; the fact that the reply from the competent institution is received after the departure of the person concerned cannot be used against him as a ground for refusing payment of benefits.

2. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.

The President of the Administrative Commission

J. DONIS