No L 206/2 Official Journal of the European ‘Communities 29.7.91 COUNCIL REGULATION (EEC) No 2195/91 of 25 June 1991 amending Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, self-employed persons and 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, drawn up after consulting the Administrative Commission on Social Security for Migrant Workers (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Commitee (3), Whereas it is necessary to amend Regulations (EEC) No 1408/71(%) and No 574/72(5) as updated by Regulation (EEC) No 2001/83 (6), as last amended by Regulation (EEC) No 3427/89 (7); whereas certain of these amendments are connected with changes made by the Member States in their social security legislation, while others are of a techmical nature and are intended to improve these Regulations in the light of experience gained from implementing them; Whereas the amendments made to Article 57 of Regulation (EEC) No 1408/71 by Regulation (EEC) No 2332 (3) make it necessary to alter Article 12 (4) of Regulation (EEC) No 1408/71; Whereas it has proved necessary, following the judgment delivered by the Court of Justice in Case 302/84 (Ten Holder) on 12 June 1986, to insert a new subparagraph (f) - in Article 13 (2) of Regulation (EEC) No 1408/71 in order to determine what legislation is applicable to persons to whom one Member State’s legislation ceases to be applicable without the legislation of another Member State becoming applicable to them, in accordance with one of the (1) OJ No C 221, 5. 9. 1990, p. 3. (2) O] No C 19, 28. 1. 1991, p. 579. (3) O] No C 41, 18. 2. 1991, p. 34. (*) O] No L 149, 5. 7. 1991, p. 2. (5) O] No L 74, 27. 3. 1972, p. 1. (6) O] No L 230, 22. 8. 1983, p. 6. {7) O] No L 331, 16. 11. 1989, p. 1. (8) O] No L 224, 2. 8. 1989, p. 1. rules laid down in the previous subparagraphs of the same Article 13 (2) or one of the exceptions provided for in Articles 14 to 17 of Regulation (EEC) No 1408/71; whereas this amendment also makes it necessary to alter Article 17 of the same Regulation; Whereas a new provision must be inserted in Regulation (EEC) No 1408/71 to exempt pensioners from the legislation of the State of residence when they are already _entitled to sickness insurance, maternity and family benefits under the legislation of another Member State; Whereas it has proved necessary to supplement Article 39 of Regulation (EEC) No 1408/71 in order to specify the wages or salaries to be taken into account in the case of frontier-zone workers for the application of the legislation of - those Member States- in which the calculation of invalidity benefits is based on wages or salaries; Whereas it has proved necessary, following the judgement . delivered by the Court of Justice in Case 58/87 (Rebmann) on 29 June 1988, to insert a new paragraph in Article 45 of Regulation (EEC) No 1408/71 providing that the Member State in which the worker resides shall take account for pensions purposes of periods of full unemployment completed by this worker in respect of which benefits have been paid by that State under Article 71 (1) (a) (ii) and (b) (ii) of Regulation (EEC) No 1408/71; Whereas it has also proved necessary, for Member States whose legislation provides for the calculation of old-age benefits to be based on wages or salaries, to supplement Article 47 of Regulation (EEC) No 1408/71 by specifying the wage or salary to be taken into account where the frontier-zone worker -has not completed any period of occupation in the country of residence; Whereas a loophole has been found in Regulation (EEC) No 1408/71 in respect of the unemployed persons who were formerly employed as mentioned in Article 71 (1) (a) (ii) and (b) (ii) who reside in the territory of the same Member State as the members of their families; whereas this loophole should be remedied by inserting a provision to the effect that the Member State of residence which provides sickness and maternity benefits under Articles 25 (2) and 39 (5) of Regulation (EEC) No 1408/71 shall also pay family benefits to the person concerned; Whereas it seems necessary, following the addition, by this Regulation, of an eighth paragraph to Article 45 of