9 SEPTEMBER 2015. - Act enacting the Convention on Social Security between the Kingdom of Belgium and the Republic of Tunisia, made in Tunis on March 28, 2013 (1)(2)(3)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Convention on Social Security between the Kingdom of Belgium and the Republic of Tunisia, held in Tunis on 28 March 2013, will come out with its full effect.
Art. 3. The amendments to the provisions of Articles 7 to 10 of the Convention, as provided for in Article 11 of the Convention, shall be effective and effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 September 2015.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
The Minister of Social Affairs,
Mr. DE BLOCK
Minister of Pensions,
D. BACQUELAINE
Minister of Independents,
W. BORSUS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Notes
(1) House of Representatives (www.lachambre.be):
Documents: 54-1103.
Full report: 02/07/2015.
(2) See Decree of the Flemish Community of 08/07/2016 (Moniteur belge du 22/08/2016), Decree of the French Community of 26/01/2017 (Moniteur belge du 09/02/2017) Decree of the German-speaking Community of 20/02/2017 (Moniteur belge du 14/03/2017 ), Decree of the Walloon Region of 21/12/2016 (Moniteur belge du 05/01/2017), Ordonnance de la Commission communautaire commune du 23/12/2016
(3) Effective date: 01/05/2017.

CONVENTION SUR LA SECURITE SOCIAL ENTRE LE ROYAUME DE BELGIQUE ET LA REPUBLIQUE TUNISIENNE
BELGIUM ROYAUME
AND
THE TUNISIAN REPUBLIC,
ISSUES of the desire to improve mutual relations between the two States in the field of social security,
AGAINST the following:
PART I^er. - General provisions
Article 1^er
Definitions
1. For the purposes of this Convention:
(a) The term "Belgium" means: the Kingdom of Belgium which includes the territory, including its territorial sea, and the areas on which, in accordance with international law, the Kingdom of Belgium exercises sovereign rights or jurisdiction;
The term "Tunisia" refers to the Tunisian Republic, which includes the territory and the maritime areas and the airspace overlooking them over which Tunisia exercises its sovereignty and jurisdiction in accordance with international law.
(b) The term "stranger" means:
With regard to Belgium: a person with Belgian nationality.
With regard to Tunisia: a person with Tunisian nationality.
(c) The term "legislation" means: the laws and regulations concerning social security referred to in Article 2 of this Convention.
(d) The term "competent authority" means:
With regard to Belgium: the Ministers responsible, each with respect to it, of the application of the legislation referred to in Article 2, paragraph 1^er A of this Convention.
With regard to Tunisia: the Minister, Ministers or any other corresponding authority under the legislation referred to in section 2, paragraph 1^er B of this Convention.
(e) The term "institution" means: the body, organization or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1^er of this Convention.
(f) The term "competent institution" means the institution that has the financial burden of the benefits.
(g) The term "insurance period" means: any period recognized as such by the legislation under which this period was completed, as well as any period assimilated recognized by this legislation.
(h) The term "benefit" means: any benefit in kind or in cash, pension or annuity, provided for in the legislation of each Contracting State, including any supplements or increases that are applicable under the laws referred to in Article 2 of this Convention.
(i) The term "family member" means: any person defined or admitted as a member of the family or entitled or designated as a member of the household by the legislation under which the benefits are served, or in the case referred to in Article 14 of this Convention, by the legislation of the Contracting State in the territory of which it resides.
(j) The term "survivor" means: any person defined or admitted as such by the legislation under which benefits are served.
(k) The term "residence" means: the usual stay.
(l) The term "sejour" means: temporary stay.
(m) The term "refugee" refers to: any person who has been granted refugee status in accordance with the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, and to the Additional Protocol relating to the Status of Refugees of 31 January 1967.
(n) The term "patride" means: any person defined as stateless in section 1^er Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954.
2. Any term not defined in paragraph 1^er of this section has the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Convention applies:
A. with regard to Belgium, the relevant legislation:
(a) benefits in kind or in cash relating to the sickness and maternity of workers and self-employed persons;
(b) benefits relating to occupational accidents and diseases;
(c) retirement and survival pensions for employees and self-employed persons;
(d) benefits relating to the disability of employed workers, merchant navy sailors and minor workers and self-employed workers;
(e) family benefits of workers and self-employed persons;
(f) unemployment benefits;
and, with respect to title II only, the relevant legislation:
(g) social security of employed workers;
(h) the social status of independent workers.
B. with regard to Tunisia, the relevant legislation:
(a) social security legislation applicable to employees, non-salarie or assimilated, as well as to public sector officials concerning:
(i) health insurance and maternity benefits;
(ii) death benefits;
(iii) repair of occupational accidents and diseases;
(iv) disability, old age and survivor benefits:
(v) family benefits;
(vi) the protection of workers who lose their employment for economic or technological reasons or for unintended and final closure without respect for the provisions of the Labour Code.
(b) social security legislation applicable to students.
2. This Convention will also apply to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1^er of this article.
3. It shall apply to legislative or regulatory acts that extend existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of the said acts.
4. This Convention shall not apply to legislative or regulatory acts establishing a new social security branch unless an agreement is reached between the competent authorities of the Contracting States.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply:
(a) persons who are or have been subject to the legislation of one of the Contracting States and who are:
(i) nationals of one of the Contracting States, or
(ii) stateless persons or refugees recognized by one of the Contracting States,
and members of their families and survivors;
(b) Survivors and members of their families of persons who have been subjected to the legislation of one of the two Contracting States, regardless of the nationality of the latter when such survivors or family members are nationals of one of the Contracting States or stateless persons or refugees recognized by one of the Contracting States.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 shall be subject to their obligations and shall be entitled to the law of the Contracting State in the same conditions as the nationals of that State.
Article 5
Withdrawal of residential clauses
1. Unless otherwise provided in this Convention, benefits in cash of health insurance, maternity, disability, occupational accidents and occupational diseases as well as those relating to retirement and survival pensions, acquired under the legislation of one of the Contracting States may not be suspended or reduced or amended by the fact that the beneficiary resides or resides in the territory of the other Contracting State.
2. Retirement and survival benefits, occupational accidents and occupational diseases caused by Belgium are paid to Tunisian nationals who reside in the territory of a third State under the same conditions as if they were Belgian nationals residing in the territory of that third State.
3. Retirement and survival benefits, occupational accidents and occupational diseases caused by Tunisia are paid to Belgian nationals who reside in the territory of a State with which Tunisia is bound by a Social Security Convention, under the same conditions as if it were Tunisian nationals residing in the territory of that State.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in the legislation of a Contracting State, in the event of a cumulative benefit with other social security benefits or with other income derived from the exercise of a professional activity, shall be applicable to the beneficiaries, even if such benefit is acquired under a regime of the other State or income obtained from a professional activity carried on the territory of the other State.
However, this rule is not applicable to the accumulation of two similar benefits calculated on the prorated basis of the duration of the periods in both states.
PART II. - Provisions determining the applicable legislation
Article 7
General rules
1. Subject to Articles 8 to 11, the applicable legislation shall be determined in accordance with the following provisions:
(a) a person engaged in a work activity as an employee in the territory of a Contracting State shall be subject to the law of that Contracting State even if the employer or enterprise employing that person has his domicile or seat in the territory of the other Contracting State;
(b) a person exercising an independent professional activity in the territory of a Contracting State shall be subject to the law of that State;
(c) a person carrying on a business on board a ship flying the flag of a Contracting State shall be subject to the law of the State in which that person has his residence;
(d) a person who is a member of the rolling or navigating personnel of a company performing, on behalf of others or on his or her own behalf, international carriage of passengers or goods by road or air and having his or her seat in the territory of a Contracting State shall be subject to the law of that Contracting State.
2. In the event of a simultaneous exercise of an independent professional activity in Belgium and in Tunisia, the activity carried out in Tunisia is assimilated to an employee activity carried out in Belgium, with a view to fixing the obligations arising from Belgian legislation relating to the social status of independent workers.
3. The person who simultaneously carries on an employee activity in the territory of the two Contracting States shall, for the entirety of his or her employment activities, be subject only to the legislation of the Contracting State in the territory of which he or she has his or her residence. For the determination of the amount of income to be taken into account in respect of contributions due under the legislation of that Contracting State, consideration shall be given to the professional income made in the territory of the two Contracting States.
Article 8
Special rules
1. The employee who, being in the service of a company having in the territory of one of the Contracting States an establishment of which he or she normally belongs, shall be detached by that undertaking in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, shall remain, as well as the members of his or her accompanying family, subject to the legislation of the first State as if he or she continued to be occupied in his or her territory, provided that the foreseeable period of
2. In the case of the detachment referred to in paragraph 1^er of this Article shall continue beyond twenty-four months, the competent authorities of the two Contracting States, or the competent institutions designated by these competent authorities, may agree that the employee shall remain subject only to the legislation of the first Contracting State. However, this extension cannot be granted for a period exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
3. Article 7, paragraph 1^er, c), is not applicable to the person who, being not usually occupied on the high seas, is occupied in territorial waters or in a port of one of the Contracting States on a ship flying flag of the other State. As the case may be, section 7, paragraph 1^er(a) or paragraph 1^er of this article shall be applicable.
4. Where a company of carriage of a Contracting State has, in the territory of the other Contracting State, a branch or permanent representation, the employee employed by that Contracting State is subject to the legislation of the Contracting State in the territory of which that branch or permanent representation is located, with the exception of the employee who is sent there for a period not exceeding five years.
5. Where a person subject to the legislation of a Contracting State and who usually carries on an independent activity in the territory of that Contracting State, temporarily carries on a similar independent activity, only in the territory of the other Contracting State, that person shall remain subject only to the legislation of the first Contracting State as if it continued to work in the territory of the first Contracting State, provided that the foreseeable duration of the independent activity in the territory of the other Contracting State does not exceed twenty months.
6. In the event that the independent activity in the territory of the other Contracting State referred to in paragraph 5 of this Article shall continue beyond the initial period of twenty-four months, the competent authorities of the two Contracting States or the competent institutions designated by these competent authorities may agree that the independent worker shall remain subject only to the legislation of the first Contracting State. However, this extension cannot be granted for a period exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
Article 9
Staff members
Officials and assimilated personnel of a Contracting State who are detached from the territory of the other Contracting State to carry out their activities, remain, as well as members of their families, subject to the legislation of the first Contracting State.
Article 10
Members of diplomatic missions and consular posts
1. This Convention shall not affect the provisions of the Vienna Convention on Diplomatic Relations of 8 April 1961 or the provisions of the Vienna Convention on Consular Relations of 24 April 1963.
2. The practical modalities for the implementation of the provisions of Article 33 of the Vienna Convention on Diplomatic Relations and those of Article 48 of the Vienna Convention on Consular Relations referred to above shall be settled within the framework of the Administrative Arrangement referred to in Article 43 of this Convention.
Article 11
Derogations
The competent authorities may, by mutual agreement, provide for exemptions to the provisions of Articles 7 to 10 of this Convention in the interest of certain persons or categories of persons.
PART III. - Specific provisions concerning benefits
CHAPTER 1^er. - Disease and maternity
Article 12
Totalization of insurance periods
For the opening, maintenance or recovery of the right to sickness and maternity benefits and their duration of grant, the insurance periods under the laws of each State are totaled as long as they do not overlap.
Article 13
Benefits in kind in case of stay in the territory of the other Contracting State
1. A person, as well as members of his family, who are entitled to benefits in kind under the legislation of one of the Contracting States and whose state of health has just required immediate health care during a stay in the territory of the other Contracting State, shall be entitled to benefits in kind in the territory of the latter State.
2. In-kind benefits are provided, on behalf of the competent institution, by the institution of the place of stay according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
3. Paragraph 1^er of this section shall not apply:
(a) where a person visits, without authorization from the competent institution, to the territory of the other Contracting State for the purpose of receiving medical treatment;
(b) except in the event of an absolute emergency, prostheses, large-scale equipment and other benefits of great importance, the list of which shall be mutually agreed by the competent authorities within the framework of the Administrative Arrangement referred to in Article 43 of this Convention. It is necessary to hear in absolute emergency cases - those where the service of one of these benefits cannot be deferred without endangering life or permanently affecting the health of the individual.
4. It is up to the institution of the residence to determine the immediate need for the care referred to in paragraph 1^er this section, as well as the absolute urgency referred to in paragraph 3, (b) of this section.
Article 14
Benefits in kind in case of residence in the territory of the other Contracting State
1. A person who is entitled to benefits in kind under the laws of one of the Contracting States and who resides in the territory of the other Contracting State shall be entitled to benefits in kind in the territory of that Contracting State.
2. Members of the family of a person who is subject to the legislation of a Contracting State and who resides in the territory of the other Contracting State shall be entitled to benefits in kind in the territory of the latter State.
3. In-kind benefits are provided on behalf of the competent institution by the institution of the place of residence according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
4. Paragraphs 2 and 3 do not apply to family members if they are entitled to benefits in kind under the laws of the Contracting State in which they reside.
Article 15
In-kind benefits for workers in special situations
1. The person who is, under Articles 8 to 11, subject to the legislation of a Contracting State, and the members of his or her family accompanying him, shall be entitled to benefits in kind for the duration of their occupation in the territory of the other Contracting State.
2. In-kind benefits are provided on behalf of the competent institution by the institution of the place of residence or residence according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
Article 16
In-kind benefits for holders of disability, retirement or survival benefits or annuities
1. The holder of disability, retirement or survival benefits or annuities of an occupational accident or illness, due under the laws of the two contracting States, shall be entitled, for himself and members of his family, to benefits in kind in accordance with the law of the State in whose territory he resides and to the responsibility of the competent institution of that State.
2. The holder of disability, retirement or survival benefits or annuities of an occupational injury or illness, due exclusively under the legislation of one of the two Contracting States, which resides in the territory of the other Contracting State, shall be entitled to in-kind benefits for himself and members of his family. These benefits are provided on behalf of the competent institution by the institution of the place of residence according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
3. Persons who cease their work and apply for the award of a disability or retirement benefit or an annuity, shall retain, as well as members of their families, in the course of the instruction of this application, the right to benefits in kind to which they may claim under the relevant state legislation in the last place. In-kind benefits are provided by the institution of the place of residence on behalf of the institution to which these benefits are charged after the grant of the disability or pension benefit or annuity.
Article 17
Benefits in kind in case of stay in the territory of the competent State
The persons referred to in paragraphs 1 and 2 of Article 14 and in paragraph 2 of Article 16 who reside in the territory of the competent Contracting State shall be entitled to benefits in kind in the territory of that State, at the expense of the competent institution of the place of residence and according to the legislation it applies.
Article 18
In-kind benefits
1. Where a person or member of his or her family may claim benefits in kind under the law of a single Contracting State, such benefits shall be paid exclusively to the competent institution of that State.
2. Where a person or member of his or her family may claim benefits in kind under the two laws concerned, such benefits shall be paid exclusively to the competent institution of the Contracting State in whose territory they are served.
Article 19
Refund of in-kind benefits between institutions
1. The actual amount of in-kind benefits provided under the provisions of sections 13, 14, 15 and 16, paragraph 2, shall be reimbursed by the competent institution to the institution that served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1^er or agree on another method of reimbursement.
Rule 20
sickness and maternity benefits
1. A person who fulfils the conditions laid down in the relevant State legislation to be entitled to the cash benefits of the Maternity-Health Insurance, in the event that the provisions of Article 12 may be taken into account, shall retain the right to such benefits during a stay in the territory of the other State for prior consent of the competent institution. Cash benefits are served directly by the competent institution whose beneficiary reports.
The in-kind benefits necessary for the continuation of the medical treatment of the person referred to in this paragraph shall be served by the institution of the place of stay according to the legislation that it applies to the competent institution. However, the duration of the benefits is governed by the relevant state legislation.
2. The beneficiary of cash benefits under the legislation of a Contracting State may retain the benefit of such benefits if the beneficiary transfers his residence to the territory of the other Contracting State. The benefit debiting institution may require, pursuant to existing legislation, that the transfer of residence be subject to prior authorization. However, this authorization may only be refused if the displacement is not recommended for appropriate medical reasons.
CHAPTER 2. - Occupational accidents and diseases
Article 21
Benefits in kind served on the territory of the other Contracting State
1. A person who, due to an accident of work or occupational disease, is entitled to benefits in kind in accordance with the laws of a Contracting State, shall, in the event of a stay or residence in the territory of the other Contracting State, receive benefits in kind.
2. In-kind benefits are provided on behalf of the competent institution by the institution of the place of residence or residence according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
Article 22
In-kind benefits for workers in special situations
1. The person who is, pursuant to Articles 8 to 11, subject to the legislation of a Contracting State, is entitled, by reason of an accident of work or occupational disease, to benefits in kind for the duration of his occupation in the territory of the other Contracting State.
2. In-kind benefits are provided on behalf of the competent institution by the institution of the place of residence or residence according to the legislation it applies. However, the duration of the benefits is governed by the relevant state legislation.
Article 23
Refund of in-kind benefits between institutions
1. The actual amount of in-kind benefits provided under sections 21 and 22 shall be reimbursed by the competent institution to the institution that has served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1^er or agree with another method of payment.
Article 24
Taking into account previous occupational accidents and diseases
If the legislation of a Contracting State explicitly or implicitly provides that the industrial accidents or occupational diseases that have occurred prior to the contracting State shall be taken into consideration to assess the degree of disability, occupational accidents and occupational diseases that have occurred before the law of the other Contracting State shall be deemed to have occurred under the legislation of the first Contracting State.
Rule 25
Industrial accidents
The accident on the road to work that took place in the territory of a Contracting State other than the competent State is considered to have occurred in the territory of the competent State.
Rule 26
Finding of occupational disease
1. Where the victim of a professional illness has carried out an activity that may cause the illness under the law of the two Contracting States, the benefits to which the victim or his survivors may claim are granted exclusively under the law of the State in whose territory the activity was carried out in the last place and subject to the fact that the person concerned meets the conditions provided for in that legislation, taking into account, where appropriate, the provisions of paragraph 2 of this article.
2. If the award of professional sickness benefits under the legislation of a Contracting State is conditional on the condition that the illness under consideration has been medically recognized for the first time in its territory, that condition shall be deemed to be met when the illness was first found in the territory of the other Contracting State.
3. If the granting of occupational sickness benefits under the legislation of a Contracting State is conditional on the condition that an activity likely to cause the disease under consideration has been carried out for a certain period of time, the competent institution of that State shall take into account, to the extent necessary, periods during which such activity was carried out under the law of the other Contracting State, as if it had been exercised under the law of the first State.
Rule 27
Aggravation of occupational disease
Where, in the event of an aggravation of a professional illness, a person who has benefited or has benefited from a remedy for a professional illness under the law of one of the Contracting States shall, for a professional illness of the same nature, apply the following rules:
(a) If the person has not exercised in the territory of the person A professional activity capable of causing or aggravating occupational disease, the competent institution of the first State is obliged to assume the charge of the benefits, taking into account the aggravation, according to the provisions of the legislation it applies;
(b) If the person has exercised such a professional activity in the territory of the latter State, the competent institution of the first State shall be obliged to bear the charge of the benefits, without regard to the aggravation, according to the provisions of the legislation that it applies; the competent institution of the second State shall grant the person an additional amount determined according to the law of that State and equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit that would have been due before the aggravation.
Rule 28
Pension due to surviving spouses
In the event of an occupational injury or illness followed by death, the annuity due to the surviving spouse is, if any, also and definitively distributed among the surviving spouses, according to the provisions of the personal status of the victim.
Rule 29
Rent due to orphans
Subject to the provisions of Article 5, paragraph 3, of this Convention, in the event of an occupational injury or illness followed by death, the annuity due to orphans shall be served in accordance with the applicable legislation.
CHAPTER 3. - Old, death and disability
Section 1^re. - Special provisions concerning old age and survivor benefits
Rule 30
Total insurance periods
1. Subject to the provisions of paragraph 2 of this Article, the periods of insurance and the periods assimilated in accordance with the legislation of one of the Contracting States relating to pension insurance shall be totaled as necessary, provided that they do not overlap, with the periods of insurance carried out under the law of the other Contracting State, for the acquisition, maintenance or recovery of the right to benefits.
2. Where the laws of one of the Contracting States subordinate the granting of certain benefits provided that the periods of insurance have been fulfilled in a specified profession, shall not be totaled, for the benefit of such benefits, only the periods of insurance carried out or assimilated in the same profession in the other Contracting State.
3. Where the legislation of one of the Contracting States provides for the granting of certain benefits provided that the periods of insurance have been fulfilled in a specified profession and when such periods have been unable to grant such benefits, such periods shall be considered valid for the liquidation of the benefits provided for in the general scheme of the employed workers.
4. Where, notwithstanding the application of paragraphs 1 to 3 of this article, the person does not meet the conditions to open the right to benefits, the insurance periods under the legislation of a third State with which the two contracting States are bound, each with respect to it, by a social security agreement providing for the totalization of insurance periods.
Rule 31
Calculation of pension and survival benefits
1. Where the person meets the requirements of the legislation of one of the Contracting States to be entitled to benefits without the need to complete, the competent institution of that State shall determine the right to benefit directly on the basis of the periods of insurance carried out in that State and according to its own legislation.
This institution also calculates the amount of the benefit that would be obtained by application of the rules set out in paragraph 2, littera (a) and (b). The highest amount is only retained.
2. If a person may claim a benefit under the law of one of the Contracting States, whose right is only open in the light of the totalization of insurance periods carried out in accordance with Article 30, the following rules apply:
(a) The competent institution of that Contracting State shall calculate the theoretical amount of the benefit that would be payable if all periods of insurance under the laws of the two Contracting States had been carried out only under the legislation it applies;
(b) that institution then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
(c) For the purpose of calculating the retirement or survival benefit, insurance periods shall be taken into account as long as they do not exceed the maximum period of insurance that may be taken into account in the legislation applicable to the competent institution.
Rule 32
Distribution of survival benefit
The surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's surviving spouse's personal status.
Section 2. - Specific provisions for disability benefits
Rule 33
Totalization of insurance periods
1. For the acquisition, retention or recovery of the right to disability benefits, the provisions of Article 30 shall apply by analogy.
2. The right to disability benefit is recognized to the person who, at the date of the beginning of the disability, was subject to the legislation of one of the two Contracting States relating to disability benefits or who was a beneficiary of a disability benefit under that legislation and who previously completed insurance periods according to the law of the other Contracting State.
Rule 34
Calculation of disability benefits
1. If the right to disability benefits under the legislation of one of the two Contracting States is opened only by totalization of the insurance periods performed in the two Contracting States carried out in accordance with Article 33 of this Convention, the amount of the benefit due shall be determined in accordance with the terms set out in Article 31, paragraph 2 of this Convention.
2. Notwithstanding the provisions of Article 6 of this Convention, where the right to Belgian disability benefits is open without the need to appeal to the provisions of Article 33 of this Convention, and the amount resulting from the addition of the Tunisian benefit and the Belgian benefit calculated in accordance with paragraph 1^er of this article, is less than the amount of the benefit due on the basis of the only Belgian legislation, the competent Belgian institution allocates an equal complement to the difference between the sum of the two above-mentioned benefits and the amount due under the only Belgian law.
Rule 35
Disability benefits during a stay in the other Contracting State
The holder of a disability benefit from the legislation of one of the two Contracting States shall retain the benefit of that benefit during a stay in the other Contracting State, where that stay has been previously authorized by the competent institution of the first Contracting State. However, such authorization may only be refused when the stay is in the period in which, under the legislation of the first Contracting State, the competent institution of that Contracting State must carry out the assessment or revision of the invalidity status.
Section 3. - Common provisions for old age, survival and disability benefits
Rule 36
Insurance periods below one year
1. Where the total insurance period for the calculation of the benefit in accordance with the laws of a Contracting State is less than 12 months, the benefit shall not be granted, except where there is, in accordance with these regulations, a right to the benefit based exclusively on that period of insurance.
2. The insurance period referred to in subsection 1^er of this Article, on the basis of which the institution of one of the Contracting States shall not grant benefits, shall be taken into account by the institution of the other Contracting State for the opening, maintenance or recovery of the right to the benefit, as well as for the determination of its amount, as if that period of insurance had been fulfilled in accordance with the legislation it applies.
Rule 37
Revision of benefits
1. If, due to the increase in the cost of living, the change in the level of wages or other reasons of accommodation, the old age, survival or disability benefits granted under the legislation of one of the two Contracting States are amended by a percentage or amount determined, the competent institution of the other Contracting State is not required to make a new calculation of the said benefits.
2. However, in the event of a change in the method of establishment or the rules for calculating old age, survival or disability benefits, a new calculation of benefits is made in accordance with Article 31 or 35 of this Convention. This rule will not affect benefits already paid at the time of the coming into force of this amendment.
Rule 38
Exercise or resumption of work by the pensioner
By derogation from Article 6, if Tunisian legislation provides for the granting or service of a pension provided that the person concerned has ceased to engage in a professional activity, that condition is not enforceable when the said activity is carried out in the territory of the other Contracting State.
CHAPTER 4. - Funeral or death allowance
Rule 39
1. For the opening, maintenance or recovery of the right to the death allowance, the insurance periods under the law of each of the Contracting States are totaled provided that they do not overlap.
2. The competent institution is required to grant the death allowance under the legislation it applies, even if the person resides at the time of death in the territory of the other Contracting State.
3. In the event of the death of a holder of retirement, survival or disability benefits or annuities of industrial accidents or occupational diseases due under the laws of the two Contracting States, the death allowance shall be payable by the competent institution of the Contracting State in whose territory he resides at the time of death.
4. In the event of death of a holder of pension, survival or disability benefits or annuities of work accidents or occupational diseases due exclusively under the legislation of one of the two Contracting States, who resides at the time of death in the territory of the other Contracting State, the death allowance shall be payable by the competent institution of the other Contracting State.
5. If the death is due to a professional illness and the right to the death allowance is opened in the two Contracting States, this benefit is served by the competent institution of the Contracting State where the employee or non-employed worker was ultimately exposed to the risk of occupational illness.
CHAPTER 5. - Family allowances
Rule 40
Acquisition, maintenance or recovery of family allowances
1. Where the legislation of a Contracting State subordinates the acquisition, maintenance or recovery of the right to benefits to the performance of insurance periods, the institution that applies this legislation shall take into account, as necessary, for the purpose of totalizing the periods of insurance carried out under the legislation of the other Contracting State, as if it were periods of insurance carried out under the laws of the first Contracting State, on the condition that they are superposed
2. The term "family allowances" refers to: periodic cash benefits as reflected in the Administrative Arrangement provided for in Article 43 of this Convention. The competent authorities shall determine in that arrangement:
(a) categories of beneficiary children;
(b) the conditions for granting and the rates of family allowances and the periods for which they are granted.
3. Persons subject to the legislation of one of the Contracting States shall be entitled, for children residing in the territory of the other Contracting State, to the family allowances of the first Contracting State.
4. The holder of pensions or annuities due under the laws of the two Contracting States shall be entitled to the children residing in the territory of the other Contracting State other than that in which the holder resides, to the family allowances of the Contracting State in which the holder of pensions or annuities resides.
5. The orphan of a deceased person who was subject to the legislation of a Contracting State and who resides in the territory of the other Contracting State shall be entitled to the family allowances of the Contracting State to the legislation of which the deceased was subjected in the last place and under the conditions covered by that legislation.
6. Notwithstanding paragraphs 3 to 5 of this article, where a right to family allowances is opened in the two Contracting States, the State in which the child resides shall be deemed to be the competent State in charge of family allowances.
CHAPTER 6. - Chômage
Rule 41
Totalization of insurance periods
1. If the legislation of a Contracting State subordinates the acquisition, maintenance, recovery or duration of the right to benefits to the fulfilment of periods of insurance in the context of a law relating to unemployment benefits, the institution that is responsible for the application of this legislation shall take into account, to the extent necessary, for the purpose of totalisation, periods of insurance carried out, as an employee, in the framework of the legislation relating to the
2. The competent institution of the Contracting State, whose legislation relating to unemployment benefits subordinates the acquisition, maintenance, recovery or duration of the right to benefits to the performance of insurance periods in the context of a law relating to unemployment benefits, is not required to take into account the periods of insurance carried out in the other Contracting State within the framework of its legislation relating to unemployment benefits until such periods are considered to be
3. The application of the provisions of paragraphs l and 2 of this Article shall be subject to the condition that the person concerned has completed in the last place periods of employment or, in the case of paragraph 2, periods of insurance according to the legislation relating to the unemployment benefits of the Contracting State under which the benefits are sought and that he has carried out under this legislation a professional activity as an employee for at least twenty-six weeks in the last twelve months.
4. Paragraph 1 of this section applies notwithstanding the assignment of employment, without fault of the employee, before the twenty-six weeks were completed, when the employment was intended to last longer.
Rule 42
Taking into account an insurance period in the other State
In the event of the application of the provisions of Article 41 of this Convention, the competent institution of a Contracting State shall take into account, where appropriate, to determine the period of grant and the amount of benefits, of the period during which benefits were paid by the competent institution of the other Contracting State, up to a maximum of twelve months and within the limits established by the competent law relating to the unemployment benefits that the Contracting State applies.
PART IV. - Miscellaneous provisions
Rule 43
Cooperation between competent authorities
The competent authorities:
(a) Take, by administrative arrangement, the necessary measures and modalities for the application of this Convention and designate liaison institutions, competent institutions and institutions of the place of residence and place of residence;
(b) define the administrative mutual assistance procedures and the payment of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) shall, without delay and directly, communicate any changes to their legislation that may affect the application of this Convention.
Rule 44
Joint Commission
A joint commission, composed of representatives of the competent authorities of each Contracting State, shall be responsible for monitoring the application of this Convention and proposing any amendments thereto. This joint commission shall meet, as necessary, at the request of either Contracting State, alternately in Belgium and Tunisia.
Rule 45
Administrative assistance
1. For the purposes of this Convention, the competent authorities and the competent institutions of each of the Contracting States shall mutually lend themselves their good offices, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. Medical expertise of persons residing or staying in the territory of the other Contracting State shall be carried out by the institution of the place of residence or residence, at the request of the competent institution and at its charge. The costs of these medical expertise are not reimbursed if they have been made in the interest of the two contracting States.
3. In case of reimbursement, the costs referred to in paragraph 1^er and 2 of this Article shall be refunded in accordance with the terms and conditions established by the administrative arrangement provided for in Article 43 of this Convention.
4. For the purposes of this Convention, the competent authorities and the competent institutions of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her residence. Correspondence may be made in one of the official languages of the two Contracting States.
5. In addition to the implementation of the general principles of administrative cooperation, Contracting States will agree, in an administrative arrangement, on the terms and conditions under which they lend their assistance to combat cross-border fraud in contributions and social security benefits, in particular with regard to the effective residence of persons, the appreciation of resources, the calculation of contributions and the accumulated benefits.
Rule 46
Communication and protection of personal data
1. The institutions of the two Contracting States are authorized to communicate, for the purposes of this Convention, personal data, including data relating to the income of persons, whose knowledge is necessary for the institution of a Contracting State.
2. The communication by the institution of a Contracting State of personal data is subject to compliance with the data protection legislation of that Contracting State.
3. The preservation, processing, dissemination, modification or destruction of personal data by the institution of the Contracting State to which they are communicated shall be subject to the data protection legislation of that Contracting State.
4. The data referred to in this Article may only be used for purposes other than the application of the laws of the two Contracting States.
Rule 47
Exemptions from taxes and exemption from legalization
1. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State shall be extended to the documents and documents similar to be produced under the legislation of the other Contracting State.
2. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
Rule 48
Requests, declarations or appeals
1. Requests, declarations or recourse to be filed, according to the law of a Contracting State, within a specified period of time, with an authority, institution or jurisdiction of that Contracting State, shall be admissible if they are brought within the same period to an authority, institution or jurisdiction of the other Contracting State. In this case, the authority, institution or jurisdiction so seized shall forthwith transmit such requests, declarations or recourse to the authority, institution or jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date on which these requests, declarations or appeals have been filed with an authority, institution or jurisdiction of the other Contracting State shall be deemed to be the date on which the competent authority, institution or jurisdiction may be brought before the competent authority.
2. The application for benefits to the competent institution of a Contracting State shall also be admissible, for such benefits, by the competent institution of the other Contracting State.
3. The authorities, institutions and jurisdictions of a Contracting State may not reject requests, requests or other documents addressed to them or submitted to them because they are written in an official language of the other Contracting State.
Rule 49
Payment of benefits and transfers
1. The debiting institutions of benefits under this Convention shall be validly released in the currency of their State.
2. The debiting institution pays directly to the beneficiary the benefits due to it, the deadlines and the terms and conditions set out in the legislation it applies.
3. However, an annuity or pension institution whose monthly amount is less than an amount to be determined by exchange of letters between the competent authorities of the two Contracting States, shall pay, on request of the beneficiary, such annuities and quarterly pensions, semi-annually or annually.
4. The provisions of a Contracting State ' s foreign exchange control legislation shall not preclude the free transfer of amounts due to the application of this Convention.
Rule 50
Settlement of disputes
The difficulties and disputes relating to the interpretation and application of this Convention are resolved within the framework of the joint commission provided for in Article 44 of the Convention.
Rule 51
Repetition of the industrious
1. If, at the time of payment or revision of benefits under this Convention, the institution of a Contracting State has paid to the beneficiary of benefits an amount that exceeds the amount to which it is entitled, that institution may, under the conditions and limits provided for in the legislation it applies, request the debiting institution of the other Contracting State of a benefit of the same kind in favour of that beneficiary, to retain the amount paid in too much on the recalls of the audits If the amount paid in excess cannot be retained on checks, the provisions of paragraph 2 shall apply.
2. Where the institution of a Contracting State has paid to a beneficiary of benefits an amount to which it is not entitled, the institution may, under the conditions and limits provided for in the legislation it applies, request the institution of the other Contracting State, a debiter of benefits in favour of that beneficiary, to retain that amount on the benefits of the same nature as it pays to the beneficiary. The latter institution operates the deduction under the conditions and limits where such compensation is authorized by the legislation it applies, as if it were to be served by itself and transfers the amount so retained to the financial institution.
Rule 52
Enforcement procedures
1. The enforceable decisions of the judicial authorities of one of the two Contracting States, as well as the enforceable acts or titles rendered by an authority or institution of one of the Contracting States that are no longer subject to appeal, relating to social security contributions, interest and any other costs or to the repetition of unduly served benefits, are recognized and enforced in the territory of the other Contracting State within the limits
2. Recognition may only be refused when it is incompatible with the public order of the Contracting State in whose territory the decision, act or title should have been executed.
3. The claims of an institution, in the course of a procedure of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, shall be the same privileges as those granted under the legislation of that Contracting State.
4. Claims to be subject to recovery or forced recovery are protected by the same guarantees and privileges as claims of the same nature of an organization located in the territory of the Contracting State on which the collection or forced recovery is carried out.
5. The terms and conditions for the application of this Article are set out in the administrative arrangement provided for in Article 43 of this Convention.
Rule 53
Third-party remedies
If the person is entitled to benefits under the law of one of the two Contracting States for damages arising out of events in the territory of the other Contracting State, the potential rights of the debiting institution against the third party held to the compensation of the damage shall be paid as follows:
(a) Where the said institution is subrogated, under the legislation it applies, in the rights that the beneficiary holds in respect of the third party, that subrogation is recognized by the other Contracting State.
(b) When the said institution has a direct right to the third party, the other State recognizes that right.
PART V. - Transitional and final provisions
Rule 54
Eventualities and situations prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention shall not open any entitlement to benefits for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit opening in accordance with the provisions of this Convention.
4. This Convention does not apply to rights that have been liquidated by the granting of a lump sum allowance or the reimbursement of contributions.
Rule 55
Revision, prescription, termination
1. Any benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory of the debtor body is at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, the liquidation of a benefit shall be revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State, relating to the termination or limitation of rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted after the expiration of a period of two years following the entry into force of this Convention, the rights which are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting State concerned.
Rule 56
Duration
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification sent to the other State by diplomatic means with a twelve-month notice.
Rule 57
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. Contracting States shall make arrangements with respect to acquisition rights.
Rule 58
Abrogations and transitional measures
1. On the day of the entry into force of this Convention, the General Convention on Social Security signed on 29 January 1975 between the Kingdom of Belgium and the Tunisian Republic ceases to exist and is replaced by this Convention.
2. Requests for benefits made prior to the entry into force of this Convention, but not having taken place at that date, at a decision, shall be considered in accordance with the provisions of the Convention of 29 January 1975 referred to above and this Convention. The most favorable solution for the insured is retained.
Rule 59
Entry into force
This Convention shall enter into force on the first day of the second month following the date of receipt of the note by which the last of the two Contracting States has served on the other Contracting State, by diplomatic means, that the formalities required for the entry into force of this Convention are fulfilled.
IN WITNESS WHEREOF, duly authorized Plenipotentiaries have signed this Convention.
DONE in Tunis, on 23 March 2013, in duplicate, in French, Dutch and Arabic, the three texts being equally authentic.