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1. The person referred to in Article 14 (2) and (3), Article 14a (2), (3) and (4) and Article 14c (1) (a) shall be treated, for the purposes of application of the legislation laid down in accordance with these provisions, as if he pursued all his professional activity or activities in the territory of the Member State concerned.

2. The provisions of the legislation of a Member State under which a pensioner who is pursuing a professional or trade activity is not subject to compulsory insurance in respect of such activity shall also apply to a pensioner whose pension was acquired under the legislation of another Member State, unless the person concerned expressly asks to be so subject by applying to the institution designated by the competent authority of the first Member State and named in Annex 10 to the Regulation referred to in Article 97.’ 9. Article 15 (1) shall be replaced by the following: ‘1. Articles 13 to 14d shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 4, there exists in any Member State only a voluntary scheme of insurance.’ 10.

In the first line of Article 21 (1), in the second line of the second subparagraph of Article 21 (2) and in the first line of Article 21 (4), ‘the worker’ or ‘a worker’ shall be replaced by ‘the employed or self-employed person’ or ‘an employed or self-employed person’, as the case may be.

16. In Article 22:

(a) in the first line of paragraph 1, ‘a worker’ shall be replaced by ‘an employed or self-employed person’;

(b) in the second line of the first subparagraph of paragraph 3, ‘of a worker's’ shall be replaced by ‘of an employed or self-employed person's’;

(c) in the third line of the second subparagraph of paragraph 3 and in the fourth line of (a) in the second subparagraph of paragraph 3, ‘the worker’ shall be replaced by ‘the employed or self-employed person’;

(d) in the second line of paragraph 4, ‘a worker’ shall be replaced by ‘an employed or self-employed person’.

17. In Article 23, paragraphs 1 and 2 shall be replaced by the following:

‘1. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on average earnings, shall determine such average earnings exclusively by reference to earnings confirmed as having been paid during the periods completed under the said legislation.

2. The competent institution of a Member State whose legislation provides that the calculation of cash benefits shall be based on standard earnings, shall take account exclusively of the standard earnings or, where appropriate, of the average of standard earnings for the periods completed under the said legislation.’ 18. In Article 24 (1):

— in the first line, ‘a worker’ shall be replaced by ‘an employed or self-employed person’,

— in the sixth line ‘the said worker’ shall be replaced by ‘the said employed or self-employed person’.

19. In Article 25:

(a) in the first line of paragraph 1 ‘an unemployed person’ shall be replaced by ‘an unemployed. person who was formerly employed or self-employed’;

(b) in the first line of paragraph 2, ‘who was formerly employed and’ shall be added after ‘A totally unemployed person’. 20.

In the first line of Article 26 (1) ‘a worker’ shall be replaced by ‘an employed or self-employed person’.

21. Article 34 shall be replaced by the following: ‘ Article 34 General provisions 1. For the purposes of Articles 28, 28a, 29 and 31, a pensioner who is in receipt of two or more pensions due under the legislation of a single Member State shall be regarded as a pensioner entitled to draw a pension under the legislation of one Member State, within the meaning of these provisions.

2. Articles 27 to 33 shall not apply to a pensioner or to members of his family who are entitled to benefits under the legislation of a Member State as a result of pursuing a professional or trade activity. In such a case, the person concerned shall, for the purposes of the implementation of this Chapter, be considered as an employed or self-employed person or as a member of an employed or self-employed person's family.’ 22. In Article 35:

(a) Paragraphs 1 and 2 shall be replaced by the following:

in the fourth line of the new paragraph 3, ‘workers’ shall be replaced by ‘employed or self-employed persons’.

23. In the heading of Section 1, Chapter 2 of Title III, the word ‘workers’ shall be replaced by ‘employed or self-employed persons’.

24. In Article 37:

(a) in the first line of paragraph 1, ‘a worker’ shall be replaced by ‘an employed or self-employed person’;

(b) in the first line of paragraph 2, ‘Annex II’ shall be replaced by ‘Annex IV’.

25.

(a) Article 38 (2) shall read as follows:

‘3. A person who is not entitled to benefits under paragraph 1 shall receive the benefits to which he is still entitled under the legislation of another Member State, taking account, where appropriate, of the provisions of Article 38.’ 27. In the heading of Section 2, Chapter 2 of Title III, the word ‘workers’ shall be replaced by ‘employed or self-employed persons’.

28. In Article 40:

(a) in the first line of paragraph 1, ‘a worker’ shall be replaced by ‘an employed or self-employed person’;

(b) in the first line of paragraph 2, ‘a worker’ shall be replaced by ‘an employed or self-employed person’; ‘Annex III’ shall be replaced by ‘Annex IV’:

— in the third line,

— in the last line of the first indent,

— in the last line of the second indent;

(c) in paragraph 3 (a):

— in the second line, ‘Annex III’ shall be replaced by ‘Annex IV’,

— in the fifth line, ‘where a worker’ shall be replaced by ‘where an employed or self-employed person’;

(d) in the last line of paragraph 4, ‘Annex IV’ shall be replaced by ‘Annex V’.

29. In Article 41:

(a) in the second line of paragraph 1, ‘a worker’ shall be replaced by ‘an employed or self-employed person’; (b)

‘3. Where the legislation of a Member State makes the granting of certain benefits conditional upon the periods of insurance having been completed only in an occupation subject to a special scheme for self-employed persons, periods completed under the legislations of other Member States shall be taken into account for the granting of such benefits only if completed under a corresponding scheme or, failing this, in the same occupation. If, taking into account the periods thus completed, the person concerned does not satisfy the conditions for receipt of these benefits, those periods shall be taken into account for the granting of the benefits under the general scheme or, failing this, under the scheme applicable to manual or clerical workers, as appropriate, in so far as they have been completed under a scheme other than the abovementioned corresponding scheme and provided that the person concerned has also been insured under this general scheme or, failing this, under the scheme applicable to manual or clerical workers, as appropriate.’;

(d) paragraph 3 shall become paragraph 4 and shall read as follows:

‘4. Where the legislation of a Member State which makes the granting of benefits conditional upon an employed person being subject to its legislation at the time when the risk materializes has no requirements as to the length of insurance periods either for entitlement to or calculation of benefits, any employed person who is no longer subject to that legislation shall for the purposes of this Chapter, be deemed to be still so subject at the time when the risk materializes, if at that time he is subject to the legislation of another Member State or, failing this, can establish a claim to benefits under the legislation of another Member State However, this latter condition shall be deemed to be satisfied in the case referred to in Article 48 (1).’;

(e) the following paragraphs shall be added: ‘5. Paragraph 4 shall apply to self-employed persons in order to determine whether the conditions for entitlement to survivors' benefits have been satisfied.

6. Where the legislation of a Member State which makes granting of invalidity benefits conditional upon the person concerned being subject to that legislation at the time when the risk materializes has no requirements as to the length of insurance periods either for the entitlement to or the calculation of benefits, any self-employed person who is no longer subject to that legislation shall, for the purposes of this Chapter, be deemed to be still so subject at the time when the risk materializes, if at that time he is subject to the legislation of another Member State.’ 32. In Article 46:

(a) in the first line of the first subparagraph of paragraph 1, ‘a worker’ shall be replaced by ‘an employed or self-employed person’;

(b) in the first line of paragraph 2, ‘a worker’ shall be replaced by ‘an employed or self-employed person’;

(c) in the sixth line of paragraph 2 (a), ‘worker’ shall be replaced by ‘employed or self-employed person’.

33. Article 47 (1) shall be replaced by the following: ‘1. For the calculation of the theoretical amount referred to in Article 46 (2) (a), the following rules shall apply: (a)

where, under the legislation of a Member State, benefits are calculated on the basis of average earnings, an average contribution, an average increase or on the ratio which existed, during the periods of insurance, between the claimant's gross earnings and the average gross earnings of all insured persons other than apprentices, such average figures or ratios shall be determined by the competent institution of that State solely on the basis of the periods of insurance completed under the legislation of the said State, or the gross earnings received by the person concerned during those periods only;

(b) where, under the legislation of a Member State, benefits are calculated on the basis of the amount of earnings, contributions or increases, the competent institution of that State shall determine the earnings, contributions and increases to be taken into account in respect of the periods of insurance or residence completed under the legislation of other Member States on the basis of the average earnings, contributions or increases recorded in respect of the periods of insurance completed under the legislation which it administers; (c)