AIMED AT AVOIDING THE OVERLAPPING OF SEVERAL NATIONAL SYSTEMS OF LEGISLATION WHERE A WORKER WHO IS AFFILIATED TO THE SOCIAL SECURITY SCHEME OF THE MEMBER STATE WHERE HE IS PERMANENTLY RESIDENT, TRAVELS TEMPORARILY IN OTHER MEMBER STATES BY REASON OF HIS WORK, WHILST NOT CHANGING HIS PERMANENT RESIDENCE .
8 THEREFORE A PREREQUISITE FOR THE APPLICATION OF THIS PROVISION IS THAT THE WORKER IS AFFILIATED TO A SOCIAL SECURITY INSTITUTION IN THE STATE WHERE HE HAS HIS PERMANENT RESIDENCE .
9 IF THERE IS NO SUCH AFFILIATION, THE APPLICABLE LEGISLATION IS DETERMINED IN ACCORDANCE WITH THE GENERAL PRINCIPLE OF ARTICLE 12 OF REGULATION NO 3 IN SO FAR AS THE WORKER SATISFIES BY REASON OF HIS WORK THE CONDITIONS FOR AFFILIATION SET OUT BY THE SOCIAL SECURITY LEGISLATION OF THE COUNTRY WHERE HE IS EMPLOYED .
10 IN ADDITION, BY THE REFERENCE TO WORKERS WHO 'NORMALLY' WORK IN MORE THAN ONE MEMBER STATE, THE FIRST SENTENCE OF THE SAID ARTICLE 13 ( 1 ) ( C ) IS NOT INTENDED TO EXCLUDE FROM ITS SCOPE THE CASE OF A WORKER WHO, WHILST NOT COMPLYING WITH THE CONDITIONS SET OUT IN ARTICLE 13 ( 1 ) ( A ), IS EMPLOYED IN A MEMBER STATE OTHER THAN THAT OF HIS PLACE OF PERMANENT RESIDENCE, NOT HABITUALLY BUT OCCASIONALLY .
11 FOR THE ABOVE REASONS THE ANSWER TO BE GIVEN IS THAT A WORKER HAVING HIS PERMANENT RESIDENCE IN ONE MEMBER STATE WHO IS OCCASIONALLY EMPLOYED IN ANOTHER MEMBER STATE IS, BY VIRTUE OF THE FIRST SENTENCE OF THE SAID ARTICLE 13 ( 1 ) ( C ) OF REGULATION NO 3, SUBJECT TO THE LEGISLATION OF THE STATE OF HIS PERMANENT RESIDENCE IN SO FAR AS HE IS AFFILIATED AS A WAGE-EARNER OR ASSIMILATED WORKER TO THE SOCIAL SECURITY SCHEME OF THIS STATE AND IF HE IS NOT SO AFFILIATED HE IS SUBJECT TO THE SOCIAL SECURITY LEGISLATION OF THE MEMBER STATE WHERE HE WORKS OCCASIONALLY .
THE SECOND QUESTION
12 IN THE SECOND QUESTION IT IS ASKED 'WHETHER THE APPLICATION OF THE COMMUNITY REGULATIONS HAS THE EFFECT OF EXEMPTING A FRENCH EMPLOYER FROM THE CONTRIBUTIONS WHICH WOULD NORMALLY BE DUE FROM HIM TO THE FRENCH SOCIAL SECURITY INSTITUTIONS IN RESPECT OF THE EMPLOYMENT IN FRANCE OF PUBLIC PERFORMERS AND OF MAKING IT MORE ADVANTAGEOUS FOR HIM TO EMPLOY GERMAN MUSICIANS THAN FRENCH MUSICIANS '.
13 ARTICLE 8 OF REGULATION NO 3 PROVIDES THAT : 'PERSONS PERMANENTLY RESIDENT IN THE TERRITORY OF ANY MEMBER STATE TO WHOM THIS REGULATION APPLIES SHALL HAVE THE SAME RIGHTS AND OBLIGATIONS UNDER THE SOCIAL SECURITY LEGISLATION OF EVERY OTHER MEMBER STATE AS THE LATTER'S NATIONALS '.
14 THUS IT FOLLOWS FROM THE ANSWER GIVEN TO THE FIRST QUESTION THAT THE SOCIAL SECURITY RELATIONSHIPS IN QUESTION ARE GOVERNED BY THE LEGISLATION OF THE STATE WHERE THE WORKER HAS HIS PERMANENT RESIDENCE IF HE IS AFFILIATED TO A SOCIAL SECURITY INSTITUTION OF THAT STATE .
15 THEREFORE THE OBLIGATION TO PAY THE CONTRIBUTIONS WHICH ARE LAID DOWN