13. 5. 89 Official Journal of the European Communities No L 131/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1305/89 of 11 May 1989 - 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 from the Commission ('), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas Regulations (EEC) No 1408/71(%and (EEC) No 574/72 (%), as updated by Regulation (EEC) No 2001/83 (¥) and as last amended by Regulation (EEC) No 3811/86 ("), are subject to the technical adaptations set out in Chapter VIII (1) and (2) of Annex I to the- Act of Accession of Spain and Portugal ; Whereas, as a result of the accession of Spain and Portugal, other adjustments to the said Regulations should be made, in particular to take account of thé guidelines set out -in. Annex II to the "Act of Accession, HAS ADOPTED THIS -REGULATION : Article 1 Regulation (EEC) No 1408/71 is amended as follows : 1. Atticle 95 is hereby replaced by the following : Article 95 Transitional provisions for self-employed - persons 1.. No right shall be acquired under this Regulation . in respect of a period prior to 1 July 1982 or to thé () OJ No C 71, 26. 3. 1986, p. 8. () O] No C 148, 16. 6. 1986, p. 124. () OJ No C 263, 20. 10. 1986, p. 37. () OJ No L 149, 5. 7. 1971, p. 2. 9 OJ No L 74, 27. 3. 1972, p. 1. (9 OJ No L 230, 22. 8. 1983, p. 6. () OJ No L 355, 16. 12. 1986, p. 5. date of its implementation in the territory .- of the Member State concerned. 2. All insurance periods and, where appropriate, all periods of employment,- of self-employment or of residence completed under the legislation of a Member State before 1- July 1982 or before the date of . implementation of this Regulation-in the territory of that Member State shall be taken into consideration for the determination of rights acquired under this Regulation. 3. Subject to paragraph -1, a right shall be acquired under this Regulation even though it relates to a contingency which materialized prior to 1 July 1982 or to the date of implementation of this Regulation in the territory of the Member States concerned. 4. Any benefit ‘which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, on - the application of the person concerned, be awarded or resumed with-effect from 1 July 1982 or from the date of implementation of this Regulation in the territory of the Member State concerned provided that the rights- previously determined have not given rise to a lump-sum payment. 5. The rights of a person to whom a pension was awarded - prior 'to 1 July 1982 or to the date of implementation of this Regulation in the territory of the Member State concerned may, on the application of the person concerned, be reviewed, taking into account this Regulation. This provision shall also apply to the other benefits referred to in Article ‘78. 6. If an application referred to in paragraph 4 or § is submitted within two -years of 1 July 1982 or of the date of implementation of-this Regulation in the- territory of the Member State concerned, the rights acquired under this Regulation shall have effect from that date, and the provisions of the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.