ACQUISITION OF THE RIGHT TO BENEFIT .
P . 480
IN ACCORDANCE WITH ARTICLE 1(P ) OF THE SAME REGULATION THE EXPRESSION ' INSURANCE PERIODS ' COVERS CONTRIBUTION PERIODS OR PERIODS OF EMPLOYMENT AS DEFINED OR RECKONED AS INSURANCE PERIODS IN THE LEGISLATION CONCERNING A CONTRIBUTORY SCHEME UNDER WHICH THEY WERE COMPLETED .
IN ACCORDANCE WITH ARTICLE 1(B ) OF THE SAME REGULATION, THE EXPRESSION ' LEGISLATION ' MEANS ALL LAWS, REGULATIONS AND OTHER ENFORCEABLE PROVISIONS (' DISPOSITIONS STATUTAIRES '), PRESENT AND FUTURE OF EACH MEMBER STATE RELATING TO THE SOCIAL SECURITY SCHEMES AND BRANCHES OF SOCIAL SECURITY SET OUT IN ARTICLE 2(1 ) AND ( 2 ) OF THE SAME REGULATION .
BY VIRTUE OF THE LATTER PROVISIONS, THE REGULATION IS APPLICABLE TO ALL SCHEMES OF SOCIAL SECURITY, GENERAL AND SPECIAL, THE PURPOSE OF WHICH IS, AMONGST OTHER THINGS, THE PAYMENT OF INVALIDITY BENEFITS .
ANNEX B TO THE SAME REGULATION IN ITS TURN STATES, AS IS PROVIDED IN ARTICLE 3, THAT THE REGULATION APPLIES, AS FAR AS ITALY IN PARTICULAR IS CONCERNED, TO LEGISLATION RESPECTING INVALIDITY INSURANCE .
FROM ALL THESE RULES READ TOGETHER IT FOLLOWS THAT THE MATERIAL FIELD OF APPLICATION OF REGULATION NO 3 IS DETERMINED ESSENTIALLY ACCORDING TO THAT OF NATIONAL LEGISLATION IN SOCIAL SECURITY MATTERS REFERRED TO BY THE PROVISIONS ABOVEMENTIONED .
THE SCOPE OF REGULATION NO 3 IS SET OUT, AS REGARDS THE PERSONS TO WHOM IT APPLIES, BY ARTICLE 4 WHICH PROVIDES THAT : ' THE PROVISIONS OF THIS REGULATION SHALL APPLY TO WAGE-EARNERS OR ASSIMILATED WORKERS WHO ARE OR HAVE BEEN SUBJECT TO THE LEGISLATION OF ONE OR MORE OF THE MEMBER STATES ... '.
THIS PROVISION IS BASED ON A WIDE CONCEPTION OF THE PERSONS TO WHOM IT APPLIES INASMUCH AS IT SUBJECTS TO THE PROVISIONS OF THE REGULATION NOT ONLY WAGE-EARNERS WITHIN THE STRICT SENSE OF THE WORD BUT IN ADDITION ALL THOSE ASSIMILATED TO SUCH WORKERS .
IN THIS RESPECT ARTICLE 4 FOLLOWS A GENERAL TENDENCY OF THE SOCIAL LAW OF MEMBER STATES TO EXTEND THE BENEFITS OF SOCIAL SECURITY IN FAVOUR OF NEW CATEGORIES OF PERSONS BY REASON OF IDENTICAL RISKS .
HOWEVER, THE EXACT MEASURE OF THIS ASSIMILATION CAN ONLY BE DETERMINED IN TERMS OF THE NATIONAL LEGISLATION TO WHICH THE REGULATION REFERS .
P . 481
SUCH AN ASSIMILATION TAKES PLACE ON EVERY OCCASION ON WHICH, AS A RESULT OF THE EFFECT OF NATIONAL LEGISLATION, THE PROVISIONS OF A GENERAL SCHEME OF SOCIAL SECURITY ARE EXTENDED TO A CATEGORY OF PERSONS OTHER THAN THE WAGE-EARNERS REFERRED TO BY REGULATION NO 3, WHATEVER MAY BE THE FORMS OR METHODS OF APPLICATION EMPLOYED BY THE NATIONAL LEGISLATURE .
CRAFTSMEN MUST THEREFORE BE CONSIDERED AS ASSIMILATED TO WAGE-EARNERS TO THE EXTENT TO WHICH, BY VIRTUE OF THE PROVISIONS OF NATIONAL LEGISLATION, THEY ARE PROTECTED AGAINST ONE OR MORE RISKS BY EXTENSION OF SCHEMES ORGANIZED FOR THE BENEFIT OF THE GENERALITY OF WORKERS .
CONSEQUENTLY CONTRIBUTION PERIODS COMPLETED IN SUCH CONDITIONS ARE CONTRIBUTION PERIODS WITHIN THE MEANING OF ARTICLES