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Open ↗6.9.2011 EN Official Journal of the European Union C 262/6 DECISION No S8 of 15 June 2011 concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 33 of Regulation (EC) No 883/2004 on the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement) 2011/C 262/06 THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS, Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems ( 1 ) , under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 ( 2 ) , Having regard to Article 33(2) of Regulation (EC) No 883/2004, Acting in accordance with the conditions laid down in the second subparagraph of Article 71(2) of Regulation (EC) No 883/2004, Whereas: (1) Article 33(1) of Regulation (EC) No 883/2004 constitutes a safeguard clause to be applied during a time period immediately following the moment of the change of the applicable legislation with regard to the person concerned. (2) The said Article applies when a person could loose his/her entitlement to sickness benefits in kind which are tailored to his/her specific personal needs and are in the course of being provided or have been granted but yet not provided, due to a change in applicable legislation. (3) Such a loss could be considered as disproportionate, taking into account the character of the benefit and the medical situation of the person concerned, HAS DECIDED AS FOLLOWS: Article 1 The prostheses, major appliances, and other substantial benefits in kind that are referred to in Article 33(1) of Regulation (EC) No 883/2004 shall constitute benefits which: — are tailored to specific personal needs, and — are in the course of being provided, or have been granted but yet not provided, and — are defined or/and treated as such by the Member State under whose legislation the insured person was insured before he/she became insured under the legislation of another Member State. A non-exhaustive list indicating the benefits, which when fulfilling the criteria determined above shall be treated as such, is contained in the Annex to this Decision. Article 2 This Decision shall be published in the Official Journal of the European Union . It shall apply from the date of its publication. The Chair of the Administrative Commission Éva GELLÉRNÉ LUKÁCS ( 1 ) OJ L 166, 30.4.2004, p. 1 . Corrected by OJ L 200, 7.6.2004, p. 1 . ( 2 ) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 284, 30.10.2009, p. 1 . ANNEX Prostheses (a) orthopaedic prostheses; (b) visual aids such as ocular prostheses; (c) dental prostheses (fixed and removable). Major appliances (d) wheelchairs, orthoses, footwear, and other aids for moving, standing and sitting; (e) contact lenses, magnifying and telescopic spectacles; (f) hearing and speech aids; (g) nebulisers; (h) obturators for use in the buccal cavity; (i) orthodontic appliances. Other substantial benefits in kind (j) specialist inpatient treatments; (k) treatment at a health resort; (l) therapeutic rehabilitation; (m) complementary means of diagnosis; (n) any subsidy granted to cover part of the costs of the benefits listed above.