30.6.1999 Official Journal of the European Communities L 164/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1399/1999 of 29 April 1999 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 51 and 235 thereof, Having regard to the proposal from the Commission ('), presented after consulting the Administrative Commission on Social Security for Migrant Workers, Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (3), (1)  Whereas it is appropriate to make certain amendments to Council Regulations (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (*) and (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (°); whereas these amendments are linked to changes which Member States have made to their social security legislation; () Whereas the application of Chapter 8 to orphans’ pensions raises problems of interpretation and administration, and it is in the interests of the persons concerned for orphans’ pensions to be calculated in accordance with the provisions of Chapter 3 of Title III, rather than on the basis of the provisions of Chapter 8; (3)  Whereas the calculation of orphans’ pensions in accordance with Chapter 3 does not affect the obligation to pay the differential payments in accordance with the case-law of the Court of Justice for those benefits which remain in Chapter §; 1 (") OJ C 325, 23.10.1998, p. 12. (3 OJ C 150, 28.5.1999. () OJ C 101, 12.4.1999, p. 41. () OJ L 149, 5.7.1971, p. 2. Regulation as updated by Regulation (EC) No 118/97 (O] L 28, 30.1.1997) and last amended by Regulation (EC) No 307/99 (O] L 38, 12.2.1999). () OJ L 74, 27.3.1972, p. 1. Regulation as updated by Regulation (EC) No 118/97 (O] L 28, 30.1.1997) and last amended by Regulation (EC) No 307/99 (O] L 38, 12.2.1999).