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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.

Article 17 shall be replaced by the following: ‘ Article 17 Exceptions to Articles 13 to 16 Two or more Member States, the competent authorities of those States or the bodies designated by those authorities may, by common agreement, provide for exceptions to the provisions of Articles 13 to 16 in the interests of certain categories of employed or self-employed persons, or of certain such persons.’ 11. Article 18 (2), in the fifth line, ‘worker concerned’ shall be replaced by ‘person concerned’.

12. In the heading of Section 2, ‘Workers’ shall be replaced by ‘Employed or self-employed persons’.

13. In the first line of Article 19 (1), ‘A worker’ shall be replaced by ‘An employed or self-employed person’ and in the eighth line of the second subparagraph of Article 19 (2), ‘the worker’ shall be replaced by ‘the employed or self-employed person’.

14. In the fifth line of Article 20, ‘the worker’ shall be replaced by ‘the person concerned’. 15.

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:

‘1. Subject to paragraph 2, where the legislation of the country of stay or residence contains several sickness or maternity insurance shemes, the provisions applicable under Articles 19, 21 (1), 22, 25, 26, 28 (1), 29 (1) or 31 shall be those of the scheme covering manual workers in the steel industry. Where, however, the said legislation includes a special scheme for workers in mines and similar undertakings, the provisions of such scheme shall apply to that category of workers and members of their families provided the institution of the place of stay or residence to which application is made is competent to administer such scheme.

2. Where the legislation of the country of stay or residence includes one or more special schemes, covering all or most occupational categories of self-employed persons, which grant benefits in kind less favourable than those granted to employed persons, the provisions applicable to the person concerned and to the members of his family pursuant to Article 19 (1) (a) and (2), Article 22 (1) under (i) and (3), Article 28 (1) (a) and Article 31 (a) shall be those of the scheme or schemes determined by the implementing Regulation referred to in Article 97:

(a) where, in the competent State, the person concerned is insured under a special scheme for self-employed persons which also grants less favourable benefits in kind than those granted to employed persons, or (b) where a person in receipt of one or more pensions is, under the pensions legislation of the competent Member State or Member States, entitled only to the benefits in kind provided for by a special scheme for self-employed persons which also grants less-favourable benefits in kind than those granted to employed persons.’;

(b) paragraphs 2 and 3 shall become paragraphs 3 and 4 respectively; (c)

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:

‘2. 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 which is subject to a special scheme for employed persons or, where appropriate, in a specific employment, periods of insurance completed under the legislations of other Member States shall be taken into account for the granting of these benefits only if completed under a corresponding scheme or, failing this, in the same occupation or, where appropriate, in the same employment. If, account having been taken of the periods thus completed, the person concerned does not satisfy the conditions for receipt of these benefits, these 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.’;

(b) the following paragraph shall be added:

‘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 of insurance completed under the legislations of other Member States shall be taken into account for the granting of these benefits only if completed under a corresponding scheme or, failing this, in the same occupation. If, account having been taken of the periods thus completed, the person concerned does not satisfy the conditions for receipt of these benefits, these 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.’ 26. Article 39 (3) shall be replaced by the following: