TYPE OF ACTIVITY WHICH HE PURSUES OR HAS PURSUED , AND THE ACTIVITY CANNOT BE AN ACTIVITY OF ANY KIND BUT MUST BE AN OCCUPATION . HOWEVER , HAVING REGARD TO THE BROAD INTERPRETATION WHICH MUST BE GIVEN TO THAT TERM , IT IS NOT NECESSARY THAT THE SELF-EMPLOYED PERSON SHOULD RECEIVE REMUNERATION AS A DIRECT REWARD FOR HIS ACTIVITY . IT IS SUFFICIENT IF HE RECEIVES , IN RESPECT OF THAT ACTIVITY , INCOME WHICH PERMITS HIM TO MEET ALL OR SOME OF HIS NEEDS EVEN IF THAT INCOME IS SUPPLIED , AS IN THIS CASE , BY THIRD PARTIES BENEFITING FROM THE SERVICES OF A MISSIONARY PRIEST .
23 CONSEQUENTLY , THE REPLY TO THE NATIONAL COURT MUST BE THAT THE EXPRESSION ' SELF-EMPLOYED PERSON ' WITHIN THE MEANING OF ARTICLE 1 ( A ) ( IV ) OF REGULATION NO 1408/71 , AS AMENDED BY REGULATION NO 1390/81 , APPLIES TO PERSONS WHO ARE PURSUING OR HAVE PURSUED , OTHERWISE THAN UNDER A CONTRACT OF EMPLOYMENT OR BY WAY OF SELF-EMPLOYMENT IN A TRADE OR PROFESSION , AN OCCUPATION IN RESPECT OF WHICH THEY RECEIVE INCOME PERMITTING THEM TO MEET ALL OR SOME OF THEIR NEEDS , EVEN IF THAT INCOME IS SUPPLIED BY THIRD PARTIES BENEFITING FROM THE SERVICES OF A MISSIONARY PRIEST .
THE TERM ' LEGISLATION ' ( FIFTH QUESTION )
24 IN THIS QUESTION , THE NATIONAL COURT WISHES TO KNOW WHETHER NATIONAL SOCIAL SECURITY RULES , SUCH AS THOSE CONTAINED IN THE LAW ON INCAPACITY , WHICH APPLY TO PERSONS WHO ARE PURSUING OR HAVE PURSUED ACTIVITIES PARTLY OR WHOLLY OUTSIDE THE COMMUNITY MAY BE REGARDED AS ' LEGISLATION ' WITHIN THE MEANING OF ARTICLE 2 OF REGULATION NO 1408/71 .
25 THE NETHERLANDS GOVERNMENT CONSIDERS THAT REGULATION NO 1408/71 PLACES NO TERRITORIAL LIMITATION ON THE SCOPE OF NATIONAL LEGISLATION AND THEREFORE MAKES IT POSSIBLE TO BRING WITHIN THE SCOPE OF SUCH LEGISLATION TERRITORIES SITUATED OUTSIDE THE COMMUNITY . EVEN AN EMPLOYED PERSON WHO HAS BEEN SUBJECT TO THAT LEGISLATION SOLELY ON THE BASIS OF ACTIVITIES PURSUED OUTSIDE THE COMMUNITY WILL THEREFORE , IN PRINCIPLE , COME WITHIN THE SCOPE OF THE REGULATION . HOWEVER , IF IT IS EXPRESSLY PROVIDED THAT APPLICABILITY OF THAT LEGISLATION DEPENDS ON RESIDENCE IN A TERRITORY FORMING PART OF THE COMMUNITY , SUCH A PERSON CANNOT RELY ON IT .
26 THE COMMISSION CONTENDS THAT THE FACT THAT NATIONAL SOCIAL SECURITY LEGISLATION MAKES IT POSSIBLE TO BE INSURED ON THE BASIS OF AN ACTIVITY PURSUED IN A NON-MEMBER COUNTRY AND CONFERS THE RIGHT TO THE CORRESPONDING SOCIAL BENEFITS IS SUFFICIENT TO BRING THE PERSONS INSURED WITHIN THE SCOPE OF REGULATION NO 1408/71 . CONSE QUENTLY , REGULATION NO 1408/71 ALSO APPLIES TO PERSONS RECEIVING BENEFITS PROVIDED FOR IN THE LEGISLATION OF A MEMBER STATE IN RESPECT OF ACTIVITIES PURSUED BY A NATIONAL OF A MEMBER STATE EXCLUSIVELY OUTSIDE THE TERRITORY OF THE COMMUNITY .
27 ATTENTION MUST FIRST BE DRAWN TO THE FACT THAT ACCORDING TO