18.7.85 Official Journal of the European Communities No C 180/5 
DECISION No 124 
of 12 December 1984 
concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71 
with regard to the taking into account of insurance periods completed under the legislations of 
other Member States for the acquisition, retention or recovery of the right to benefits 
(85/C 180/05) 
THE ADMINISTRATIVE COMMISSION OF THE 
EUROPEAN COMMUNITIES ON SOCIAL SECURITY 
FOR MIGRANT WORKERS, 
Having regard to Article 81 (a) of Council Regulation 
(EEC) No 1408/71 of 14 June 1971 under which it is 
made responsible for dealing with all questions of inter­
pretation arising from Regulation (EEC) No 1408/71 
and subsequent Regulations, 
Whereas Article 45 of Regulation (EEC) No 1408/71 
determines how, for the acquisition, retention or 
recovery of the right to benefits, account should be taken 
of periods completed in other Member States; 
Whereas Article 45 (1) of Regulation (EEC) No 1408/71 
provides that the competent institution of the Member 
State whose legislation makes the acquisition, retention 
or recovery of the right to benefits conditional upon the 
completion of periods of insurance or residence shall 
take into account, to the extent necessary, periods of 
insurance or residence completed under the legislation of 
any Member State as if they were periods completed 
under the legislation which it administers; 
Whereas the abovementioned Article 45 (1), which 
incorporates the general principle regarding the taking 
into account of periods, should be construed as meaning 
that the institution of a Member State administering a 
scheme which is not a special scheme within the meaning 
of Article 45 (2) or (3) of Regulation (EEC) No 1408/71 
should, for the acquisition, retention or recovery of the 
right to benefits, take account of all periods completed 
under the legislation of any other Member State, 
whether under a general or a special scheme and 
whether as an employed or self-employed person; 
Whereas the first subparagraph of Article 45 (3) of Regu­
lation (EEC) No 1408/71 provides that where the 
legislation of a Member State makes the granting of 
certain benefits conditional upon the periods of 
insurance having been completed only in an occupation 
subject to a special scheme for self-employed persons, 
periods completed under the legislations of other 
Member States shall be taken into account for the 
granting of such benefits only if completed under a 
corresponding scheme or, failing this, in the same 
occupation; 
Whereas for the purposes of applying the 
aforementioned provision it is necessary to determine 
which schemes are 'special' schemes for self-employed 
persons; Whereas the second subparagraph of Article 45 (3) of 
Regulation (EEC) No 1408/71 provides that if, taking 
into account the periods referred to in the first subpara­
graph of Article 45 (3), the person concerned does not 
satisfy the conditions for receipt of those benefits 
referred to in that first subparagraph, those periods shall 
be taken into account for the granting of the benefits 
under the general scheme or, failing this, under the 
scheme applicable to manual or clerical workers, as 
appropriate, in so far as they have been completed under 
a scheme other than the abovementioned corresponding 
scheme and provided that the person concerned has also 
been insured under this general scheme or, failing this, 
under the scheme applicable to manual or clerical 
workers, as appropriate; 
Whereas the words 'in so far as they have been 
completed under a scheme other than the 
abovementioned corresponding scheme' occurring in the 
aforementioned provision should be interpreted as: in so 
far as they have been completed under a corresponding 
scheme or under a scheme other than the 
abovementioned corresponding scheme; 
Whereas periods of insurance completed under the 
legislation of one Member State which have already been 
taken into account under such a special scheme, as is 
referred to in the first subparagraph of Article 45 (3) of 
Regulation (EEC) No 1408/71, of another Member 
State, should be prevented from being also taken into 
account under the general scheme of the latter Member 
State; 
Acting in accordance with Article 80 (3) of Regulation 
(EEC) No 1408/71, 
HAS DECIDED AS FOLLOWS: 
1. The institution of a Member State administering a 
scheme that is not a special scheme within the 
meaning of Article 45 (2) or (3) of Regulation (EEC) 
No 1408/71 shall, for the acquisition, retention or 
recovery of the right to benefits within the meaning of 
Article 45 (1), take account of all periods completed 
under the legislation of any other Member State, 
whether under a general or a special scheme and 
whether as an employed or self-employed person. 
2. A 'special scheme for self-employed persons' within 
the meaning of Article 45 (3) of Regulation (EEC) 
No 1408/71 shall be any scheme listed in the Annex 
to this Decision. 
No C 180/6 Official Journal of the European Communities 18.7.85 
as these periods have not already been taken into 
account in the latter State under the special scheme 
referred to in the first subparagraph of Article 45 (3) 
of Regulation (EEC) No 1408/71 for the acquisition, 
retention or recovery of the right to benefits. 
5. This Decision shall be published in the Official Journal 
of the European Communities. It shall enter into force 
on the first day of the month following such pub­
lication. It shall be applicable from 1 July 1982. 
J. DOWNEY 
The Chairman 
of the Administrative Commission 
ANNEX 
Special schemes for self-employed persons within the meaning of Article 45 (3) of Regulation (EEC) No 
1408/71. 
A. BELGIUM 
None 
B. DENMARK 
None 
C. GERMANY 
Old age insurance for farmera (Altershilfe fiir Landwirte) 
D. FRANCE 
None 
E. GREECE 
None 
F. IRELAND 
None 
G. ITALY 
Pension insurance for (Assicurazione pensioni per): 
— medical practitioners (medici), 
— pharmacists (farmacisti), 
— veterinarians (veterinari), 
— midwives (ostetriche), 
— engineers and architects (ingegneri ed architetti), 
— surveyors (geometri), 
— solicitors and barristers (awocati e procuratori), 
— economists (dottori commercialisti), 
— accountants (ragionieri e periti commerciali), 
— employment experts (consulenti del lavoro), 
— notaries (notai), 
— customs agents (spedizionieri doganali). 3. The words 'in so far as they have been completed 
under a scheme other than the abovementioned 
corresponding scheme' occurring in the second 
subparagraph of Article 45 (3) of Regulation (EEC) 
No 1408/71 shall be construed as: in so far as they 
have been completed under a corresponding scheme 
or under a scheme other than the abovementioned 
corresponding scheme. 
4. Periods of insurance completed under the legislation 
of a Member State shall be taken into account under 
the general scheme or, failing this, under the scheme 
applicable to manual or clerical workers, as appro­
priate, of another Member State for the acquisition, 
retention or recovery of the right to benefits in so far 
18.7.85 Official Journal of the European Communities No C 180/7 
H. LUXEMBOURG 
None 
I. NETHERLANDS 
None 
J. UNITED KINGDOM 
None 
'Scientific apparatus' Decision 
Refusal of relief from import duties 
(Legal basis: Regulations (EEC) No 918/83 (') and (EEC) No 2290/83 (2)) 
File: SUD/B/3-002/85 
(85/C 180/06) 
By virtue of a Commission Decision of 16 July 1985 the apparatus known as 'SLM — 
Spectrofluorometer, model SLM 4048' may not be imported free of import duties. 
This apparatus, the subject of an application made by the French Republic on 4 February 1985 
and ordered in July 1983 is intended for use for the study of the conformation of macro-
molecules or their interactions by fluorescencepolarization. 
Reasoning: 
— scientific apparatus 
— existence of production of apparatus of equivalent scientific value in the Community at date 
of order, in particular: 
'SP80' manufactured by the firm Applied Photophysics Ltd, 20 Albemarle Street, London 
W1X 3HA, United Kingdom. 
O OJNoL 105,23.4. 1983, p. 1. 
(2) OJ No L 220, 11.8. 1983, p. 20. 
Commission communication pursuant to Article 115 of the EEC Treaty 
(85/C 180/07) 
By Decision dated 16 July 1985 the Commission has authorized the Italian Republic not to 
apply Community treatment to radio receivers, non portable, for fitting to motor vehicles, 
falling within subheading ex 85.15 A III of the Common Customs Tariff, originating in Japan 
and in free circulation in the other Member States. 
The said Decision is applicable from 2 July to 30 September 1985.