THE APPELLANT IN THE MAIN ACTION, IS OF THE OPINION THAT THE ASSUMPTION OF RESPONSIBILITY FOR THE PENSION IS JUSTIFIED BY THE FACT THAT AT THE TIME IT WAS GRANTED TO HIM ALGERIA, ACCORDING TO ANNEX A TO REGULATION NO 3, WAS STILL PART OF THOSE TERRITORIES LISTED UNDER THE HEADING " FRANCE " AND WAS THUS DEEMED TO BE PART OF THE COMMUNITY FOR THE PURPOSES OF THE APPLICATION OF THE PROVISIONS ON SOCIAL SECURITY FOR MIGRANT WORKERS .
ON THE FIRST QUESTION
4 THE FIRST QUESTION ASKS WHETHER THE PROVISIONS OF ARTICLE 30 OF REGULATION NO 4, WHICH APPLY TO CLAIMS FOR GRANT OF BENEFITS, ALSO APPLY TO TRANSFERS OF INVALIDITY PENSIONS .
5 ARTICLE 30 OF REGULATION NO 4 LAYS DOWN THE PROCEDURE TO BE FOLLOWED IN THE EVENT OF A CLAIM FOR THE GRANT OF " BENEFITS UNDER ARTICLE 26 TO 28 OF REGULATION NO 3 " AND, IN PARTICULAR, DESIGNATES THE INSTITUTION WHICH, ACCORDING TO THE COUNTRY IN WHICH THE CLAIMANT IS RESIDENT, HAS TO INVESTIGATE THE CLAIM .
6 NO COMMUNITY PROVISION EXISTS WHICH PROVIDES FOR THE TRANSFER OF AN INVALIDITY PENSION FROM AN INSTITUTION OF ONE MEMBER STATE TO THAT OF ANOTHER MEMBER STATE .
7 ARTICLE 10 ( 1 ) OF REGULATION NO 3, PROHIBITING THE " REDUCTION, MODIFICATION, SUSPENSION, TERMINATION OR CONFISCATION OF A PENSION BY REASON OF THE FACT THAT THE RECIPIENT IS RESIDENT WITHIN A MEMBER STATE OTHER THAN THAT OF THE INSTITUTION WHICH SERVICES THE PENSION ", DOES NOT LEND SUPPORT TO THE THEORY THAT THE PENSION CAN BE TRANSFERRED .
8 ACCORDINGLY THE ANSWER TO THE FIRST QUESTION MUST BE NEGATIVE .
ON THE SECOND QUESTION
9 THE SECOND QUESTION ASKS WHETHER THE PROVISIONS OF ANNEX A OF REGULATION NO 3 WHICH, IN THEIR FORMER WORDING, MENTIONED ALGERIA TOGETHER WITH METROPOLITAN FRANCE, LED TO PARTICULAR OBLIGATIONS FOR THE FRENCH SOCIAL SECURITY INSTITUTIONS COMPELLING THEM TO PAY BENEFITS IN CASES OF DEFAULT BY THE ALGERIAN INSTITUTIONS .
10 ANNEX A OF REGULATION NO 3, AT ARTICLE 1 ( A ) UNDER THE HEADING " FRANCE " MAKES SPECIFIC MENTION OF ALGERIA IN THE DEFINITION OF THE TERRITORIES TO WHICH IT APPLIES .
11 ALTHOUGH ALGERIA GAINED ITS INDEPENDENCE ON 1 JULY 1962, IT ONLY CEASED TO BE PART OF THE COMMUNITY FOR THE PURPOSES OF THE RIGHTS OF NATIONALS OF THE MEMBER STATES BY VIRTUE OF REGULATION NO 109/65 OF THE COUNCIL OF 30 JUNE 1965, WHICH DELETED THE REFERENCES TO ALGERIA IN THE ANNEXES TO REGULATIONS NOS 3 AND 4, WITH EFFECT FROM 19 JANUARY 1965 .
12 ARTICLE 16 ( 2 ) OF REGULATION NO 109/65 EXPRESSLY STATES THAT THIS DELETION WAS MADE " WITHOUT PREJUDICE TO ACQUIRED RIGHTS ".
13 IN ITS FORMER WORDING, THEREFORE, ANNEX A OF REGULATION NO 3 IMPLIES THAT THE FRENCH INSTITUTIONS MUST HONOUR RIGHTS ACQUIRED IN ALGERIA BY A MIGRANT WORKER BEFORE 19 JANUARY 1965 .
14 MOREOVER, IN VIEW OF THE PROHIBITION, CONTAINED IN ARTICLES 48-51 OF THE TREATY,