16. 11. 89 Official journal of the European Communities No L 331/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3427/89 of 30 October 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 (*), drawn up after consultation with the Administrative Commission on Social Security for Migrant Workers, Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas, pursuant to Article 99 of Regulation (EEC) No- 1408/71 (), as last- amended by Regulation (EEC) No 2332/89 (%), the entire matter of the payment of family benefits to members of the family who do not reside in the competent State must be re-examined in order - to reach a uniform solution for all Member States ; Whereas, by its judgment of 15 January 1986 in Case 41/84 (Pinna), the Court of Justice declared null and void Article 73 (2) of Regulation (EEC) No 1408/7t on the ground that the criterion of residence of the members of the family of the migrant worker, which it employs in order to determine the legislation applicable to the family benefits payable to the worker, ‘is not of such a nature as to secure the equal treatment laid down by Article 48 of the Treaty and therefore may not be employed within the context of the coordination of national legislation which: - is laid down in Article 51 of the Treaty with a view to () OJ No C 292, 16. 11. 1988, p. 7. () OJ No C 12, 16. 1. 1989, p. 365. () OJ No C 23, 30. 1. 1989, p. 49. () OJ No L 149, 5. 7. 1971, p. 2. () OJ No L 224, 2. 8. 1989, p. 1. promoting the free movement of workers within the Community in accordance with Article 48°; Whereas, consequently, it is appropriate to disregard the criterion of residence of the members of the worker’s family for the purposes of granting family benefits ; Whereas, on the other hand, the criterion of employment adopted in Articles 73 (1) and 74 (1) of Regulation (EEC) No 1408/71 ensure equal treatment as between all workers subject to the same legislation; whereas the choice of this factor of attachment is necessary for reasons of simplicity, fairness and. for- reasons allied -to the coherence of the system of Regulation (EEC) No 1408/71, which, generally speaking, accords priority to the lex loci laborss (law of the place of work) for the purpose of determining. the legislation applicable ; Whereas it is therefore approprite to apply this solution also to workers subject to French legislation ; whereas it is necessary- to. amend, along these lines, Regulations (EEC) No 1408/71 and (EEC) No :574/72("), as last amended by Regulation (EEC) No 2332/89 ; whereas.the absence of a uniform solution as referred: to in Article 99 of Regulation (EEC) No 1408/71, at the time of the extension of the categories of persons covered by Regulations (EEC) No 1408/71 and (EEC) No 574/72 to include self-employed workers and members: of their families, prevented. the same extension being made in the case of Articles 73 to 76 of Regulation (EEC) No 1408/71; whereas it is now - appropriate to extend the provisions to cover self-em- ployed workers and to adapt accordingly the provisions of Regulation (EEC) No 574/72, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1408/71 is hereby amended as follows : (9 OJ No L 74, 27. 3. 1972, p. 1.