25. 7. 98 Official Journal of the European Communities L 209/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1606/98 of 29 June 1998 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 with a view to extending them to cover special schemes for civil servants THE COUNCIL OF THE EUROPEAN UNION, 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 ('), submitted after consultation of the Administrative Commission on Social Security for Migrant Workers, Having regard to the opinion of the European Par- liament (3, Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas, taking account of the judgment of the Court of Justice of the European Communities of November 1995, Case C-443/93 (loannis Vougioukas v. Idryma Koinonikon Asfalisseon — IKA, ECR 1995, p. 1-4033), the scope of Regulation (EEC) No 1408/71 (*) and (EEC) No 574/72 (°) should be extended to include the special schemes for civil servants and persons treated as such; (2) Whereas, taking account of that judgment and for the purposes of the application of those regulations, it is appropriate, subject to any special arrangements in this Regulation, to treat members of special schemes for civil servants and persons treated as such as employed persons; 1 () OJ C 46, 20. 2. 1992, p. 1. () O C 94, 13. 4. 1992, p. 4. () O C 98, 21. 4. 1992, p. 4. () OJ L 149, 5. 7. 1971, p. 2. Regulation as last amended by Regulation (EC) No 1223/98 (O] L 168, 13. 6. 1998, p. 1). () OJ L 74, 27. 3. 1972, p. 1. Regulation as last amended by Regulation (EC) No 1223/98 (O] L 168, 13. 6. 1998, p. 1). (3) Whereas persons insured in a special scheme for civil servants may simultaneously be self-employed; whereas the Treaty has not provided the necessary powers to take appropriate measures within the field of social security for self-employed persons and therefore the use of Article 235 is justified; (4) Whereas the adaptations to be made to the enacting terms of Regulations (EEC) No 1408/71 and (EEC) No 574/72 require adaptation of some of their Annexes; (5) Whereas it is necessary for the conditions for the application of coordination to certain special schemes to be specified in an Annex; (6) Whereas it is necessary to take account of the unique characteristics of certain special pension schemes for civil servants in some Member States, and in par- ticular, the absence in some Member States of sys- tems of coordination between special schemes and the general scheme, the existence in other Member States of particular systems of coordination between special schemes and the general scheme, the limited scope of such schemes and their particular budgetary and reward structures, for example eligibility which is directly linked to long periods of service; (7) Whereas, there is no common definition of the notion of civil servant, and there are important dis- parities, both in terms of the social protection systems which cover them, and in the material and personal field of application of these systems; (8) Whereas in order to take into account the unique characteristics of these special pension schemes while preserving the general balance of the system of coordination, a limited derogation from the general principle of aggregation is therefore justified, so that