16. 12. 86 Official Journal of the European Communities No L 355/5 COUNCIL REGULATION (EEC) ‘No 3811/86 of 11 December 1986 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 COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 51 and 235 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Administrative Commission on Social Security for Migrant Workers ('), Having regard to the opinion of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas it is necessary to make certain amendments to Council Regulations (EEC) No 1408/71 (*) and (EEC) No 574/72 () as last amended by the Act of Accession of Spain and Portugal and Commission Regulation (EEC) No 513/86(%; Whereas it is laid down in Article 14 ¢ (1) a) of Regulation (EEC) No 1408/71 that a person who is employed simul- taneously in the territory of one Member State and self- employed in the territory of another Member State shall be subject to the legislation of the Member State in the territory of which he is engaged in paid employment; whereas in Article 14 c (1) b) it is laid down that in the instances referred to in Annex VII, a person shall be subject to the legislation of each of the Member States in * question as regards the activities carried out on their terri- tory ; Whereas Article 14 ¢ does not regulate those cases which have occurred in practice where more than two activities in a combination of paid employment and in self- employment are carried out in the territory of two or more Member States ; whereas measures should be taken to remedy this situation by making an addition to Article 14 c; Whereas it is necessary to determine the method of implementation of the present Article 14 ¢ (1) b) in accor- () OJ No C 103, 30. 4. 1986, p. 5. () OJ No C 227, 8. 9. 1986, p. 152. () OJ No C 207, 18. 8. 1986, p. 27. () OJ No L 230, 22. 8. 1983, p. 8. () OF No L 230, 22. 8. 1983, p. 86. () OJ No L 51, 28. 2. 1986, p. 44. dance with paragraph 2 of that Article and the method of implementation required to regulate the pursuance of more than two activities where there is ‘mixed paid employment and self-employment in the territory of different Member States ; Whereas it is necessary to amend Regulation (EEC) No 574/72 in order to fix the method of implementing Article 14 ¢ thus supplemented ; HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1408/71 is hereby amended as follows : 1. Article 14 ¢ shall be replaced by the following : ‘Article 14c Special rules applicable to persons who are simultaneously employed in the territory of one Member State and self-employed in the territory of another Member State A person who is simultaneously employed in the terri- tory of one Member State and self-employed in the territory of another Member State shall be subject : (a) save as otherwise provided in subparagraph b) to the legislation of the Member State in the territory of which he is engaged in paid employment or, where he pursues such an activity in the territory of two or more Member States, to the legislaton deter- mined in accordance with Article 14(2) or (3); (b) in the cases mentioned in Annex VII: — to the legislation of the Member State in the territory of which he is engaged in paid employment, that legislation having been deter- mined in accordance with the provisions of Article 14 (2) or (3), where he pursues such an activity in the territory of two or more Member States, and — to the legislation of the Member State in the territory of which he is self-employed, that legislation having been determined in accor- dance with Article 14 a (2), (3) or (4), where he pursues such an activity in the territory of two or more Member States.”; '