30.4.86 Official Journal of the European Communities No C 103/5 
2. Food products prepackaged in pre-established quantities in the ranges of quantities 
referred to under point 1, shall be exempted from the obligation to indicate the unit price. 
3. The Council will, within five years of the adoption of this Directive, if necessary, revise 
the ranges of quantities listed in Article 8 with a view to their simplification, on a proposal by 
the Commission. 
Article 9a 
During a five-year period to run from the date of adoption of this Directive, the Member 
States may, as a temporary measure, exempt the prepackaged products in pre-established 
quantities listed in Annex I in so far as they form part of ranges of quantities established at 
national level. The Member States shall communicate the ranges of quantities so exempted to 
the Commission; they shall be published at the initiative of the Commission. 
At the request of a Member State the Council may, exceptionally, decide to exempt on a 
permanent basis quantities established by national ranges and not included in the ranges stan­
dardized at Community level where such quantities are in widespread use in the Member State 
concerned. 
Article 10 
Add the following indent: 
— the products are not covered by Community measures concerning the standardization of 
ranges of quantities. 
Proposal for a Council Regulation amending Regulation (EEC) No 1408/71 on the application 
of social security schemes to employed persons, to self-employed persons and to members of 
their families moving within the Community and Regulation (EEC) No 574/72 laying down the 
procedure for implementing Regulation (EEC) No 1408/71 
COM(86) 166 final 
(Submitted by the Commission to the Council on 15 April 1986) 
(86/C 103/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 51 and 
235 thereof, 
Having regard to the proposal submitted by the 
Commission after consulting the Administrative 
Commission on Social Security for Migrant Workers, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas it is necessary to amend Council Regulations 
(EEC) No 1408/71 (') and (EEC) No 574/72 (2) as last 
amended by Regulation (EEC) No 1660/85 (3) and 
Commission Regulation (EEC) No 513/86 (4); 
O OJNoL 149, 5. 7. 1971, p. 2. 
(2) OJNo L74, 27. 3. 1972, p. 1. 
(3) OJ No L 160, 20. 6. 1985, p. 1. 
(4) OJNoL51, 28.2. 1986, p. 44. Whereas it is laid down in Article 14c (1) (a) of Regu­
lation (EEC) No 1408/71 that a person who is employed 
simultaneously in the territory of one Member State and 
self-employed in the territory of another Member State 
shall be subject to the legislation of the Member State in 
the territory of which he is engaged in paid employment; 
whereas in Article 14c (1) (b) it is laid down that in the 
instances referred to in Annex VII, a person shall be 
entitled to be affiliated in each of the Member States in 
question as regards the activities carried out on their 
territory; 
Whereas Article 14c does not regulate those cases which 
have occurred in practice where more than two activities 
in paid employment and in self-employment are carried 
out in the territory of two or more Member States; 
whereas measures should be taken to remedy this 
situation by making an addition to Article 14c; 
Whereas it is necessary to determine the method of 
implementation of the present Article 14c (1) (b) in 
accordance with paragraph 2 of that Article and the 
method of implementation required to regulate the 
pursuance of more than two instances of paid 
employment and self-employment in the territory of 
different Member States; 
No C 103/6 Official Journal of the European Communities 30. 4. 86 
Whereas it is necessary to amend Regulation (EEC) No 
574/72 in order to fix the method of implementing 
Article 14c thus supplemented; 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 1408/71 is hereby amended as 
follows: 
1. Article 14c is replaced by the following: 
'Article 14c 
Special rules applicable to persons who are simul­
taneously employed in the territory of one Member 
State and self-employed in the territory of another 
Member State 
A person who is simultaneously employed in the 
territory of one Member State and self-employed in 
the territory of another Member State shall be 
subject: 
(a) subject to subparagraph (b), to the legislation of 
the Member State in the territory of which he is 
engaged in paid employment or, where he pursues 
such an activity in the territory of two or more 
Member States, to the legislation determined in 
accordance with Article 14 (2) or (3); 
(b) in the cases mentioned in Annex VII, 
— to the legislation of the Member State in the 
territory of which he is engaged in paid 
employment, that legislation having been 
determined in accordance with the provisions 
of Article 14 (2) or (3), where he pursues such 
an activity in the territory of two or more 
Member States, and 
— to the legislation of the Member State in the 
territory of which he is self-employed, that 
legislation having been determined in 
accordance with the provisions of Article 14a 
(2), (3) or (4), where he pursues such an 
activity in the territory of two or more 
Member States.' 
2. Article 14d is amended as follows: 
(a) in paragraph (1), '(1)' after 'Article 14c' is 
deleted; 
(b) the following paragraph is inserted: 
'2. The person referred to in Article 14c (b) 
shall be treated, for the purposes of determining 
the rates of contributions to be charged to self-
employed workers under the legislation of the 
Member State in whose territory he is self-
employed, as if he pursued his paid employment 
in the territory of the Member State concerned.' 
(c) The present paragraph 2 becomes paragraph 3. 
3. In the title of Annex VII, '(1)' after the words 'Article 
14c' is deleted. Article 2 
Regulation (EEC) No 574/72 is hereby amended as 
follows: 
1. The following paragraph 3 is added to Article 8: 
'3. In the cases referred to in Article 14c (b) of the 
Regulation, where the person in question or a 
member of his family is entitled to claim benefits in 
kind in respect of sickness or maternity under the two 
legislations in question, the following rules shall be 
applicabe: 
(a) where at least one of those legislations stipulates 
that the benefits shall be awarded in the form of a 
reimbursement to the person entitled to benefit, 
this shall be the exclusive responsibility of the 
institution of the Member State in whose territory 
they have been awarded; 
(b) if the benefits have been awarded in the territory 
of a Member State other than the two Member 
States in question, they shall be the exclusive 
responsibility of the institution of the Member 
State to whose legislation the person in question is 
subject by virtue of his paid employment.' 
2. The following paragraph 3 is added to Article 9: 
'3. By way of derogation from paragraphs 1 and 2 
in the instances referred to in Article 14c (b) of the 
Regulation, entitlement to death grants acquired 
under the legislation of each of the two Member 
States concerned referred to in Annex VII shall be 
retained.' 
3. Article 12a is amended as follows: 
(a) '(1) (a)' after '14c' in the title and the intro­
ductory sentence is deleted; 
(b) in paragraph 7 (a), '(1)' after 'Article 14c' is 
deleted; 
(c) the following paragraph 8 is added: 
'8. Where, in accordance with the provisions of 
Article 14c (b) of the Regulation, a person who is 
simultaneously employed in the territory of one 
Member State and self-employed in the territory 
of another Member State is subject to the 
legislation of two Member States, the provisions 
of paragraphs 1, 2, 3 and 4 shall be applicable in 
respect of paid employment, and the provisions of 
paragraphs 1, 2, 3, 5 and 6 shall be applicable 
mutatis mutandis in respect of self-employment. 
The institutions designated by the competent 
authorities of the two Member States, whose 
legislation is determined to be applicable, shall 
inform each other accordingly.' 
30. 4. 86 Official Journal of the European Communities No C 103/7 
4. At the end of Article 15 (1) a, the semicolon is 
replaced by a full stop and the following sentence is 
added: 
'Nevertheless, in the cases referred to in Article 14c 
(b) of the Regulation, the abovementioned institutions 
shall likewise take account of the periods of insurance 
or of residence completed under an obligatory 
insurance scheme under the legislation of the two 
Member States in question which overlap each other;' 
5. In the first subparagraph of Article 46 (1), the words 
'Article 15 (1) b, (c) and (d)' are replaced by the 
words 'Article 15 (1) (a), last sentence, (b), (c) and 
(d)\ 
Article 3 
This Regulation shall not prejudice rights acquired 
before it entered into force by virtue of Regulations 
(EEC) No 1408/71 and (EEC) No 574/72. 
Article 4 
Transitional provisions relating to pensions 
1. Where the date on which the contingency arises 
precedes the date of entry into force of this Regulation, 
and where the claim for pension has not yet resulted in 
an award before that date, such claim shall, in as much 
as benefits must be granted, pursuant to such 
contingency, for a period prior to the last-mentioned 
date, give rise to a double award: 
(a) for the period prior to the entry into force of this 
Regulation, in accordance with the provisions of 
Regulation (EEC) No 1408/71 or of agreements in 
force between the Member States concerned; 
(b) for the period commencing on the date of entry into 
force of this Regulation, in accordance with the 
provisions of Regulation (EEC) No 1408/71. 
If, however, the amount calculated pursuant to the 
provisions referred to under (a) is greater than that 
calculated pursuant to the provisions referred to under 
(b), the person concerned shall continue to be entitled to 
the amount calculated pursuant to the provisions referred 
to under (a). 2. A claim for invalidity, old-age or survivor's benefits 
submitted to an institution of a Member State from the 
date of entry into force of this Regulation shall auto­
matically necessitate the reassessment, in accordance 
with the provisions of Regulation (EEC) No 1408/71, of 
the benefits which have been awarded for the same 
contingency prior to that date by the institution or 
institutions of one or more of the other Member States, 
without prejudice to the provisions of Article 3. 
3. The rights of the persons concerned which were 
determined prior to the date of entry into force of this 
Regulation in the territory of the Member State in 
question may be revised at their request in the light of 
the provisions of this Regulation. 
4. If the request referred to in paragraph 3 is 
submitted within one year following the date of entry 
into force of this Regulation, entitlement to rights under 
this Regulation shall be acquired from 1 January 1986 or 
from the date of the entitlement to pension where the 
last-mentioned date is subsequent to that date; in such 
case the provisions of the legislation of any Member 
State with regard to the withdrawal or limitation of 
rights may not be relied upon as against the persons 
concerned. 
5. If the request referred to in paragraph 3 is 
submitted after expiry of the period of one year 
following the date of entry into force of this Regulation, 
entitlement to rights acquired under this Regulation 
which have not been withdrawn or in respect of which 
the period of limitation has not been exceeded shall be 
acquired from the date on which the request is 
submitted, unless more favourable provisions of the 
legislation of any of the Member States are applicable. 
Article 5 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply with effect from 1 January 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.