2.8.89 Official Journal of the European Communities No L 224/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2332/89 of 18 July 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 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 Committee (3), Whereas there are grounds for making certain amendments to Regulations (EEC) No 1408/71 and (EEC) No 574/72, as updated by Regulation (EEC) No 2001/83 (4), as last amended: by Regulation (EEC) No 1305789 (5); whereas some of these amendments are related to changes which the Member States have made to- their legislation in respect of social security, while other amendments are of a technical nature and intended to complete the abovementioned Regulations on the basis of the experience gained in the implementation thereof; Whereas the signing of the Agreement of 30 November 1979 concerning the social security of Rhine boatmen calls for an amendment to be made to Article 7 (2) (a) of Regulation (EEC) No 1408/71; Whereas a provision should be introduced permitting a Member State - whose legislation provides for the. prolongation, by certain facts. or circumstances, of a reference period preceding the occurrence of the risks insured against, during which a minimum period of insurance must () OJ No C 292, 16.11.1988, p. 7. (2) OJ No C 12, 16. 1. 1989, p. 365. (3) OJ No C 23, 30. 1. 1989, p. 49. (4) O No L 230, 22. 8. 1983, p. 6. (5) O] No L 131, 13.5. 1989, p. 1. be fulfilled, for the recognition of the right to a benefit, to take account of similar facts or circumstances occurring in another Member State for the aforementioned prolongation; Whereas a provision should be included in Article 33 of Regulation (EEC) No 1408/71 for the purpose of clarifying the implementation of that Article in the cases mentioned in Article 28a of that Regulation; Whereas the experience gained in implementing Article 57 of Regulation (EEC) No 1408/71 has revealed a shortcoming in cases where the conditions of none of the national legislations under which an activity likely to cause an occupational disease other than sclerogenic pneumoconiosis was being pursued, have been satisfied; whereas this shortcoming should be remedied by extending the scope of Article 57 (3) (a) and (b) to all occupational diseases; whereas it is consequently necessary to amend Article 60 (1) (c)-and (2).and Article 94 (8) of the said Regulation; Whereas. it seems necessary, following the judgment of the Court of Justice in Case 377/85 (Burchell), to make certain amendments to Articles 76 and 79 of Regulation (EEC) No 1408/71, for the purpose of implementing the Community provisions against overlapping also in the case where a benefit referred to in Chapters 7 and 8 of the aforesaid - Regulation is due by virtue of the-application only of national legislation; Whereas.national provisions concerning. the protection of personal data. cannot  hinder the implementation of Regulations (EEC) No.1408/71 and (EEC) No 574/72; whereas a provision should be included in Regulation (EEC) No 1408/71 for the purpose of determining the legislation applicable in the case of the communication of these data to authorities or institutions of another Member State; Whereas a provision concerning an agreement- concluded between Portugal and the United Kingdom should be included in Annex III; Whereas it has been found that the text of point 6 under the heading ‘Belgium’ in Annex VI is incomplete as far as the objectives pursued are concerned; whereas consequently -textual amendments are called for;