4.5.2005 Official Journal of the European Union L117/1 (Acts whose publication is obligatory) REGULATION (EC) No 647/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 April 2005 amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Articles 42 and 308 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee ('), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1)  Certain amendments should be made to Regulations (EEC) No 1408/71 (*) and (EEC) No 574/72 (%), in order to take account of recent developments in the of the Court of Justice of the European Communities, to facili- tate the application of those Regulations and to reflect changes in the social security legislation of the Member States. () O] C 80, 30.3.2004, p. 118. (*) Opinion of the European Parliament of 11 March 2004 (not yet published in the OfF cial Journal), Council Common Position of 15 November 2004 (O] C 38 E, 15.2.2005, p. 21) and Position of the European Parliament of 8 March 2005 (not yet published in the Official Journal). () O] L 149, 5.7.1971, p. 2. Regulation updated by Regulation (EC) No 118/97 (O] L 28, 30.1.1997, p. 1), as last amended by Regu- lation (EC) No 631/2004 of the European Parliament an! of the Council (O] L 100, 6.4.2004, p. 1) and repealed with effect from the date of entry into force of the implementing Regulation by Regulation (EC) No 883/2004 of the European Parliament and of the Council (O] L 166, 30.4.2004, p. 1). () OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 631/2004. (’) Judgment in Case C-290/0 9 (20 In order to take account of recent developments in, the conclusions of judgments should be drawn, particularly in the cases of Johann Franz Duchon v Pensionsversi- cherungsanstalt der Angestellten (°) and Office national de 'emploi v Calogero Spataro (%). (3)  The judgments in Friedrich Jauch v Pensionsversicher- ungsanstalt der Arbeiter and Ghislain Leclere, Alina Deaconescu v Caisse nationale des prestations famil- iales (), concerning the classification of special non- contributory cash benefits require, for reasons of legal safety, that the two cumulative criteria to be taken into account be specified so that such benefits can feature in Annex Ila to Regulation (EEC) No 1408/71. On this basis, there is a case for revising the Annex, taking into account legislative amendments in the Member States affecting this type of benefits, which are subject to specific coordination given their mixed nature. In addi- tion, it is important to specify the transitional provisions relating to the benefit which was the subject of the judg- ment in the Jauch case in order to protect the rights of beneficiaries. (4 On the basis of the case-law relating to the relationships between Regulation (EEC) No 1408/71 and the provi- sions of bilateral social security agreements, it is neces- sary to review Annex III to that Regulation. The entries in part A of Annex III are only justified in two cases: where they are more favourable to migrant workers (%), or where they relate to specific and exceptional situa- tions, usually linked to historical circumstances. In addi- tion, it is not appropriate to accept entries in part B 0 [2002] ECR 1-3567. (°) Judgment in Case C-170/95 [1996] ECR [-2921. () Judgments in Case C-215/99 [2001] ECR [-1901 and Case C-43/99 [2001] ECR 1-4265. (®) The principle of the most favourable treatment has been recalled by the ECJ in its Judgments in Case C-227/89 [1991] ECR [-323, Case C-475/93 [1995] ECR 1-3813, Case C-75/99 [2000] ECR 1-9399 and Case C-277/99 [2002] ECR I-1261.