1 . IT APPEARS FROM THE INFORMATION SUPPLIED BY THE CENTRALE RAAD VAN BEROEP THAT THE IWI PROVIDES FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS . UNDER ARTICLE 2 ( 1 ) ( OPENING WORDS ) AND ( B ) OF REGULATION N . 3, THE REGULATION ' SHALL APPLY TO ALL LEGISLATION GOVERNING ...INVALIDITY BENEFITS, INCLUDING BENEFITS GRANTED FOR THE PURPOSE OF MAINTAINING OR IMPROVING EARNING CAPACITY, OTHER THAN THOSE PAID IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES '. ANNEX B TO THE REGULATION, ENTITLED ' LEGISLATION TO WHICH THE REGULATION APPLIES ', REFERS, IN PARAGRAPH ( B ) OF THE SECTION RELATING TO THE NETHERLANDS, TO ' INVALIDITY INSURANCE, INCLUDING INCREASES IN PENSIONS '. THE REGULATION IS THEREFORE APPLICABLE TO ALL NETHERLANDS LEGISLATION PROVIDING FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS WITH THE EXCEPTION OF BENEFITS GRANTED IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES .
2 . THE APPLICATION OF REGULATION N . 3 TO PARTICULAR LEGISLATION IS NOT EXCLUDED BY THE MERE FACT THAT THE LEGISLATION CAME INTO FORCE AFTER THE REGULATION AND MY NOT HAVE BEEN NOTIFIED TO THE PRESIDENT OF THE EEC COUNCIL, IN ACCORDANCE WITH ARTICLES 3 ( 2 ) AND 54 ( 1 ) OF THE REGULATION . IN FACT, ARTICLE 1 ( B ) OF THE REGULATION PROVIDES THAT WHEN IT USES THE TERM ' LEGISLATION ', IT REFERS TO THE LAWS, REGULATIONS, ETC ., ' PRESENT AND FUTURE ', OF EACH MEMBER STATE . THIS PROVISION WOULD BECOME MEANINGLESS IF IT WERE POSSIBLE FOR ANY MEMBER STATE TO INTERFERE ARBITRARILY WITH THE FIELD OF APPLICATION OF REGULATION N . 3, BY FAILING TO CARRY OUT THE ABOVE-MENTIONED NOTIFICATION . BESIDES, UNDER ARTICLE 3 ( 2 ) OF THE REGULATION, AN OBLIGATION TO NOTIFY EXISTS ONLY IN THE CASE WHERE THE ADOPTION OF NEW LEGISLATION NECESSITATES AN ' AMENDMENT ' TO ANNEX B . SUCH IS NOT THE CASE WHEN THE LEGISLATION COMES UNDER ONE OF THE HEADINGS SET OUT IN ANNEX B . IT FOLLOWS FROM THE CONSIDERATIONS SET OUT ABOVE THAT ALL NETHERLANDS LEGISLATION PROVIDING FOR INVALIDITY INSURANCE WITH INVALIDITY BENEFITS, WITH THE EXCEPTION OF BENEFITS GRANTED IN RESPECT OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES, CONSTITUTES LEGISLATION WITHIN THE MEANING OF THE ABOVE - QUOTED PROVISIONS OF REGULATION N . 3 EVEN THOUGH THE SAID LEGISLATION CAME INTO FORCE AFTER THE REGULATION AND WAS NOT NOTIFIED . II - AS TO THE SECOND QUESTION IN THE SECOND QUESTION, THE COURT IS ASKED TO SAY WHETHER THE SUPPLEMENTARY BENEFIT PROVIDED FOR IN CHAPTER II OF THE IWI IS AN INVALIDITY BENEFIT OF TYPE B, WITHIN THE MEANING OF ARTICLE 24 ( 1 ) OF THE REGULATION . THE COURT IS COMPETENT TO INTERPRET THE TREATY, BUT IT IS NOT COMPETENT TO INTERPRET NETHERLANDS LAW . CALLED UPON BY THE CENTRALE RAAD TO EXAMINE ARTICLE 24 ( 1 ), IT OBSERVES THAT THE SAID PROVISION DEFINES TYPE B LEGISLATION AS THAT ' UNDER WHICH INVALIDITY BENEFITS ARE AS A RULE CALCULATED IN RELATION TO THE DURATION OF COMPLETED PERIODS '. HOWEVER, ANNEX F, THE TITLE OF WHICH REFERS TO THE TYPES ' DEFINED ' BY ARTICLE 24 ( 1 ), WAS ALTERED BY AN AMENDMENT PUBLISHED IN THE OFFICIAL JOURNAL OF 14 FEBRUARY 1964, AFTER THE PROMULGATION OF THE IWI, WHICH CLASSIFIES NETHERLANDS LEGISLATION AS TYPE B LEGISLATION, WITH THE EXCEPTION OF THE PENSION SCHEME FOR CERTAIN MINERS . THE LEGALITY OF THAT AMENDMENT HAS NEVER BEEN CONTESTED . THE COURT CAN THEREFORE ONLY TAKE NOTE OF THIS SITUATION . III - AS TO THE THIRD AND FOURTH QUESTIONS THE REPLY GIVEN TO THE SECOND QUESTION MAKES THE THIRD AND FOURTH QUESTIONS POINTLESS . HOWEVER, BECAUSE OF ARTICLES 26 ( 1 ), 25 AND 24 ( 1 ) OF REGULATION N . 3, THE SAID REPLY INVOLVES THE POSSIBILITY OF APPLYING ARTICLES 27 AND 28 OF THE REGULATION ' BY ANALOGY '. THE CENTRALE RAAD, HAVING ALREADY MADE A PREVIOUS REQUEST ( CASE 100/63 ) FOR A PRELIMINARY RULING ASKING THE COURT TO INTERPRET THESE PROVISIONS, WAS NOT OBLIGED TO RAISE THE QUESTION AGAIN IN THE PRESENT CASE . AS A RESULT, IT IS SUFFICIENT TO RECALL THE INTERPRETATION SUPPLIED IN PARAGRAPH 2 OF THE OPERATIVE PART OF THE JUDGMENT GIVEN IN THAT CASE ( REC . 1964, P . 1128 ), NAMELY THAT ARTICLE 28 IS APPLICABLE ONLY IF IT IS A QUESTION OF THE ACQUISITION, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFIT .