QUESTION WHETHER A PERIOD IS COMPULSORY OR VOLUNTARY ( ARTICLE 15 ( 1 ) ( B ) OR THE QUESTION WHETHER A PERIOD IS ' ' TREATED AS SUCH , COMPLETED UNDER THE LEGISLATION OF ONE MEMBER STATE ' ' ( ARTICLE 15 ( 1 ) ( C )) TAKE PRECEDENCE UNDER ARTICLE 15 OF REGULATION NO 574/72?
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8 UNTIL 1 JANUARY 1965 THE INVALIDITY LAW PROVIDED A SCHEME FOR THE COMPULSORY INSURANCE OF WORKERS AGAINST THE FINANCIAL CONSEQUENCES OF INVALIDITY AND OLD AGE , AND THE INSURANCE ALSO OPERATED AS AN OLD-AGE INSURANCE SCHEME FOR ITS MEMBERS , WHICH FROM 1957 WAS A SUPPLEMENTARY OLD-AGE INSURANCE SCHEME . WITH EFFECT FROM 1 JULY 1967 THE INVALIDITY LAW WAS REPLACED BY THE INCAPACITY ( INSURANCE ) LAW .
9 IN ORDER TO DEAL WITH THE CASES SUBJECT TO THE INVALIDITY LAW THE NETHERLANDS LEGISLATURE ON 10 DECEMBER 1964 PASSED THE LIQUIDATIEWET INVALIDITEITSWETTEN ( INVALIDITY LAWS ( REPEAL LAW ). ACCORDING TO ARTICLE 3 THEREOF , FROM 1 JANUARY 1965 CONTRIBUTIONS COULD NO LONGER BE PAID UNDER THE INVALIDITY LAW BUT WAGE-EARNERS REMAINED INSURED AGAINST THE RISK OF INVALIDITY UNTIL THE INCAPACITY ( INSURANCE ) LAW CAME INTO FORCE ON 1 JANUARY 1967 . IT APPEARS FROM THE FILE THAT CONTRIBUTIONS PAID BEFORE 1 JANUARY 1965 WERE SUBSEQUENTLY REDEEMED .
10 AFTER THE INCAPACITY ( INSURANCE ) LAW HAD REPLACED THE INVALIDITY LAW THE QUESTION AROSE AS TO HOW PERIODS OF INSURANCE COMPLETED UNDER THE INVALIDITY LAW WERE TO BE TRANSFERRED AND TAKEN INTO ACCOUNT AFTER 1 JULY 1967 IN RELATIONS WITH OTHER MEMBER STATES AND FOR THE PURPOSE OF CALCULATING PENSIONS PRO RATA . THE PROBLEM RESULTED FROM THE FACT THAT AFFILIATION OF INSURED PERSONS TO THE SCHEME UNDER THE INVALIDITY LAW INVOLVED LACUNAE WHICH MADE IT IMPOSSIBLE TO ESTABLISH WITH PRECISION ON THE BASIS OF THE MEMBERSHIP REGISTER THE PERIODS OF INSURANCE COMPLETED .
11 IN ORDER TO RESOLVE THAT QUESTION CIRCULAR NO 315 OF THE SOCIALE VERZEKERINGSRAAD ( SOCIAL SECURITY COUNCIL ) OF 8 MARCH 1967 GAVE INSTRUCTIONS , IN CONNECTION WITH THE APPLICATION OF REGULATIONS NOS 3 AND 4 FOR THE TAKING INTO ACCOUNT AND TRANSFERENCE TO FOREIGN INSTITUTIONS OF PERIODS OF INSURANCE COMPLETED BEFORE 1 JULY 1967 . THOSE INSTRUCTIONS WERE REPEATED , IN RELATION TO THE APPLICATION OF THE COMMUNITY REGULATIONS IN FORCE AT THE TIME , IN PARAGRAPH 4 OF PART H OF ANNEX V TO REGULATION NO 1408/71 , WHICH STATES AS FOLLOWS :
' ' APPLICATION OF NETHERLANDS LEGISLATION ON INSURANCE AGAINST INCAPACITY FOR WORK
( A ) FOR THE PURPOSES OF THE PROVISIONS OF ARTICLE 46 ( 2 ) OF THE REGULATION , PERIODS OF PAID EMPLOYMENT AND PERIODS TREATED AS SUCH COMPLETED UNDER NETHERLANDS LEGISLATION BEFORE 1 JULY 1967 SHALL ALSO BE CONSIDERED AS PERIODS OF INSURANCE COMPLETED UNDER NETHERLANDS LEGISLATION ON INSURANCE AGAINST INCAPACITY FOR WORK .
( B)THE PERIODS TO BE TAKEN INTO ACCOUNT IN PURSUANCE OF THE PROVISIONS OF SUBPARAGRAPH ( A ) SHALL BE