OF THE FACT THAT THEY ARE DESIGNED TO SUPPLEMENT, OR BE A SUBSTITUTE FOR, LAWS AND REGULATIONS RELATING TO SOCIAL SECURITY . IT IS APPARENT THAT THERE IS IN REGULATION NO 3 A MANIFEST CONCERN NOT TO EXCLUDE FROM THE BENEFIT OF ITS PROVISIONS SCHEMES MANAGED OTHERWISE THAN BY THE STATE, AND WHICH, AT LEAST IN SEVERAL MEMBER STATES, COVER A LARGE PROPORTION OF THE SOCIAL SECURITY ARRANGEMENTS .
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HOWEVER, THE DEFENDANT IN THE MAIN ACTION SAYS THAT THESE ARGUMENTS CANNOT BE CORRECT TO THE EXTENT THAT IF THE RULES AT ISSUE HAD NOT BEEN MADE, THE PERSONS CONCERNED WOULD NOT BE COMPULSORILY INSURED BY VIRTUE OF THE GENERAL SOCIAL SECURITY SCHEME . TO THIS EXTENT, THE SAID PROVISIONS CANNOT BE CONSIDERED AS BEING IN SUBSTITUTION FOR THE GENERAL SCHEME . THE DEFENDANT ALSO ARGUES THAT THE ARGUMENTS SET OUT ABOVE DO NOT APPLY TO A WORKER'S SURVIVORS, WHO ARE AFFILIATED MERELY ON AN OPTIONAL BASIS TO THE BODY TO WHICH THE SAID WORKER WAS FORMERLY COMPULSORILY AFFILIATED .
THE OBJECTION THAT MR VAASSEN WOULD HAVE BEEN EXEMPT FROM THE GENERAL SOCIAL SECURITY SCHEME IS NOT RELEVANT, SINCE IT IS CLEAR THAT THE QUESTION WHICH LED THE SCHEIDSGERECHT TO REFER THE CASE TO THE COURT IS WHETHER THE RULES AT ISSUE ARE, OR ARE NOT, PART OF A SPECIAL SCHEME WITHIN THE MEANING OF ARTICLE 2(2 ) OF REGULATION NO 3 . THERE CLEARLY IS SUCH A SPECIAL SCHEME WHEN A SPECIFIC GROUP OF WORKERS IS COMPULSORILY MADE SUBJECT TO A SPECIAL TYPE OF INSURANCE BY VIRTUE OF PUBLIC LAW . MOREOVER THE DEFENDANT IN THE MAIN ACTION APPEARS TO HAVE GRASPED THE ESSENCE OF THE MATTER WHEN IT STATES IN ITS OBSERVATIONS FIRST THAT ALL NON-MANUAL EMPLOYEES IN NETHERLANDS MINES ARE COMPULSORILY INSURED BY VIRTUE OF ARTICLE 33 OF THE REGULATION OF THE MIJNINDUSTRIERAAD OF 8 SEPTEMBER 1952, CONCERNING THE WORKING CONDITIONS OF APPRENTICES AND PERSONS EMPLOYED ON NON-MANUAL WORK IN THE MINES ( NEDERLANDSE STAATSCOURANT OF 23 SEPTEMBER 1952, NO 185 ), AND SECONDLY THAT SINCE THE SAID PROVISION HAS BEEN MADE BY A COMPETENT PUBLIC AUTHORITY, IT BELONGS TO THE DOMAIN OF PUBLIC LAW . HOWEVER, SHOULD A REFERENCE TO THE COURT BE MADE UNDER ARTICLE 177 OF THE TREATY, AS HAS OCCURRED IN THIS CASE, IT IS THEN FOR THE NATIONAL COURT TO EXAMINE WHETHER THE CONDITIONS REQUIRED FOR THE EXISTENCE OF A SPECIAL SCHEME ARE IN FACT MET, SO THAT THE ENFORCEABLE PROVISIONS COMPRISED IN THE SPECIAL SCHEME FALL WITHIN THE TERM ' LEGISLATION ' AS USED IN ARTICLE 1(B ) OF REGULATION NO 3 .
ONCE THE EXISTENCE OF A SPECIAL SCHEME HAS BEEN ESTABLISHED, REGULATIONS NOS 3 AND 4 APPLY TO THAT SCHEME IN ITS ENTIRETY, INCLUDING ANY PROVISIONS WHICH IT MAY CONTAIN CONCERNING THE VOLUNTARY AND OPTIONAL AFFILIATION OF FORMER INSURED PERSONS AND THEIR SURVIVORS .
( B ) IN THE SECOND PART OF ITS QUESTION THE SCHEIDSGERECHT REQUESTS THE COURT TO SAY WHETHER A NETHERLANDS SCHEME PROVIDING SICKNESS INSURANCE IN