10.7.2001 Official Journal of the European Communities L187/1 | (Acts whose publication is obligatory) REGULATION (EC) No 1386/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2001 amending Council Regulations (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 (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 140871 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 308 thereof, Having regard to the proposal from the Commission ('), presented after consulting the Administrative Commission on Social Security for Migrant Workers, Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1) It is appropriate to make certain amendments to Council Regulations (EEC) No 1408/71 (¥) and (EEC) No 574/ 72 (°). These amendments are linked to changes which Member States have made to their social security legisla- tion. (2)  Following the notification by the French Government to the President of the Council of a declaration making Regulation (EEC) No 1408/71 applicable to the two French supplementary pension schemes ARRCO and AGIRC, it seems appropriate to facilitate the application of that Regulation to the schemes by adding new points to Annex IV Part C and Annex VI thereto, chiefly to take account of the supplementary nature of these schemes by comparison with the basic regimes, and of the fact that the benefits they grant are calculated on the basis of the number of pension points acquired, independently of the periods completed. () O] C 274 E, 26.9.2000, p. 113. () O] C 367, 20.12.2000, p. 18. (*) Opinion of the European Parliament of 15 February 2001 (not yet published in the Official Journal), and Decision of the Council of 14 May 2001. (*) OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 1399/1999 (O] L 164, 30.6.1999, p. 1). () OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 1399/1999. () It is appropriate to clarify that benefits under the Austrian statutory special assistance scheme are to be granted according to the provisions of Title IIl Chapter 3 of Regulation (EEC) 1408/71. To take account of the judgment of the Court of Justice of the European Communities of 11 June 1998 in Case C-275/96 Kuusijirvi v. Riksforsakringsverket (¢), section ‘N. SWEDEN’ of Annex VI should be amended. It is appropriate to amend Article 34(5) of Regulation (EEC) No 57472 in order to separate it from Article 34(4) and hence no longer to refer to the reimbursement procedure subject to a ceiling where the expenses have been incurred during a stay in a Member State which does not provide for rates of reimbursement. It is necessary to amend Article 93(1) of Regulation (EEC) No 574/72 to take account of Council Regulation (EC) No 307/1999 (), which extends Regulation (EEC) No 1408/71 to cover students. It is appropriate to amend Article 107 of Regulation (EEC) No 574/72 following the introduction of the euro on 1 January 1999. In order to attain the objective of freedom of movement for workers, it is necessary and appropriate to amend the rules relating to the coordination of national social security schemes through a Community legal instrument that is binding and directly applicable in each Member State. With the exception of Article 42, the Treaty does not provide, for the adoption of this Regulation, for powers other than those under Article 308, () [1998] ECR I-3419. () O] L 38, 12.2.1999, p. 1.