19.5.92 Official Journal of the European Communities No L 136/7 COUNCIL REGULATION (EEC) No 1248/92 of 30 April 1992 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 (1) drawn up after consulting the Administrative Commission on Social Security for Migrant Workers, Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it is necessary to amend the provisions regulating the award and calculation of pensions in Regulations (EEC) No 1408/71 (%) and (EEC) No 574/72 (%), as updated by Regulation (EEC) No 2001/83 (%), as last amended by Regulation (EEC) No 1248/92 (7); whereas some of these amendments are linked to the case law of the Court of Justice in this matter, other amendments having been designed to make good existing deficiencies; Whereas it is necessary to delete the eighth recital of Regulation (EEC) No 1408/71 rendered superfluous by the case law of the Court of Justice relating to Article 46 (3) of the said Regulation; whereas this deletion calls for a new text of the seventh recital of Regulation (EEC) No 1408/71; Whereas the amendments to be made to Chapter 3 Title Il of Regulation (EEC) No 1408/71 call for the adaptation of Article 12 (2) of the said Regulation; Whereas it is necessary to amend Articles 38 and 45 of Regulation (EEC) No 1408/71 for the purpose of clarifying the rules for taking account of the periods of (1) OJ No C 206, 11. 8. 1989, p. 2. (2) O] No C 291, 20. 11. 1989, p. 120. " (3) O] No C 56, 7. 3. 1990, p. 63. () OJ No L 149, 5. 7. 1971, p. 2. (5) OJ No L 74, 27. 3. 1972, p. 1. (§) O] No L 230, 22. 8. 1983, p. 6. (7) See page 28 of this Official Journal. insurance or of residence completed in two or more Member States as an employed person and a self-employed person and/or in the context of a general scheme and a special scheme; Whereas it is necessary to incorporate in Annex IV, B, all special schemes for self-employed persons within the meaning of Articles 38 and 45 of Regulation (EEC) No 1408/71; Whereas it is necessary to insert in Article 39 of Regulation (EEC) No 1408/71 a provision stipulating that the rules of Chapter 3 of the Regulation in the case of overlapping of benefits of a different kind shall likewise be applicable to invalidity pensions awarded under Chapter 2; Whereas the new concept of benefits of the same kind within the meaning of Chapter 3 of Title Il of Regulation (EEC) No 1408/71 calls for a new text of Article 40 (2) of the said Regulation; Whereas it is necessary to amend the text of subparagraph (a) (ii) of Article 40 (3) of Regulation (EEC) No 1408/71 so that the said subparagraph can likewise be applied in the case where an invalidity benefit is awarded which is not called an invalidity benefit; whereas it is consequently necessary to make a textual amendment to subparagraph (b) (i) of Article 40 (3) of the said Regulation; Whereas the new text of Article 43 (1) and the insertion of the new paragraph 3 in Article 43 call for an amendment to the title of Section 4 of Chapter 2 of Title IIl of Regulation (EEC) No 1408/71; Whereas it is necessary to amplify the text of Article 43 (2) of Regulation (EEC) No 1408/71 for the purpose of guaranteeing that, where the legislation of a Member State does not provide for the conversion of an invalidity benefit into an old-age benefit, the benefit due under that legislation shall continue to be paid as long as the person concerned satisfies the necessary conditions; Whereas the experience gained from implementing Article 43 of Regulation (EEC) No 1408/71 has revealed the existence of a deficiency in the case where an invalidity benefit awarded in accordance with Article 39 of the said Regulation is converted into an old-age benefit without the person concerned having satisfied the conditions regarding age required by the legislation of the other Member State