26. 11. 77 Official Journal of the European Communities No L 302/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2595/77 of 21 November 1977 amending Regulations (EEC) No 1408/71 and (EEC) No 574/72 on the applica- tion of social security schemes to employed persons and their families moving within the Community THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 2, 7 and 51 thereof, Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their fami- lies moving within the Community(!), as last amended by Regulation (EEC) No 1209/76 (?), and in particular Articles 95 and 97 thereof, : Having regard to Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Commu- nity (}), as last amended by Regulation (EEC) No 1209/76, and in particular Article 121 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 Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (°), Whereas the experience gained while implementing Regulations (EEC) No 1408/71 and (EEC) No 574/72 has revealed the need to make some improvements to the rights of migrant workers ; whereas, consequently, a worker who is receiving a pension under the legisla- tion of one Member State while working in the terri- (') OJ No L 149, 5. 7. 1971, p. 2. (2) O] No L 138, 26. 5. 1976, p. 1. () O] No L 74, 27. 3. 1972, p. 1. () O] No C 266, 7. 11. 1977, p. 4S. ) Opinion delivered on 26/27 October 1977 (not yet published in the Official Journal). tory of another Member State, should be allowed to be insured under the legislation of the latter Member State even if the legislation of that State exempts pensioners from compulsory insurance; whereas workers should also be enabled to receive, without any restrictions, a pension acquired under the legislation of a Member State and to have a pension which was awarded under the legislation of another Member State postponed in order to receive the increase in pension due as a result of that postponement; Whereas Regulation (EEC) No 1408/71 provides that the sickness and maternity insurance benefits in kind, provided to the members of the family who are residing in the territory of a Member State other than the competent State and other than the Member State in whose territory the worker resides, are refunded to. the institution of the place of residence of the members of the family by the institution of the Member State to whose legislation the worker is subject ; whereas the reimbursement is made by way of an annual lump sum ; whereas it is therefore appro- priate that the institution of the place of residence of the members of the family shall bear the cost of bene- fits in kind provided to these members of the family if they are staying in another Member State ; Whereas it is necessary to regulate the award of inva- lidity benefits in cases where a worker previously subject to legislation based on the materialization of the risk is subject to legislation based on the length of insurance, under which he becomes disabled, and where under the former legislation the award of inva- lidity benefits is subject to the condition that for a specified period the worker has previously received cash sickness benefits or has previously been incap- able of work ; Whereas the Law on general insurance against inca- pacity for work entered into force in the Netherlands on 1 October 1976 ; whereas, since it is legislation based on the materialization of the risk, this Law should be mentioned in Annex III to Regulation (EEC) No 1408/71 ; whereas Annex V to this Regula-