Law On Consent To The Agreement On Social Security Between The Kingdom Of Belgium And The Republic Of Tunisia, Made In Tunis On 28 March 2013 (1) (2) (3).

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République tunisienne, faite à Tunis le 28 mars 2013 (1)(2)(3)

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Published the: 2017-05-23 Numac: 2017012066 Foreign Affairs, outside trade and development COOPERATION FEDERAL PUBLIC SERVICE September 9, 2015. -Law on consent to the agreement on social security between the Kingdom of Belgium and the Republic of Tunisia, made in Tunis on 28 March 2013 (1) (2) (3) PHILIPPE, King of the Belgians, to all present and future salvation.
The House of representatives has adopted and we sanction the following: Article 1. 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, made in Tunis on 28 March 2013, will come out full and adequate effect.
Art. 3. changes to the provisions of articles 7 to 10 of the Convention, provided for in article 11 of the Convention, will come out full and adequate effect.
Enact this Act, order that it self clothed with the seal of State and published in the Moniteur belge.
Given in Brussels, on September 9, 2015.
PHILIPPE by the King: the Minister of Foreign Affairs, D. REYNDERS the Minister of Social Affairs, Mr. BLOCK W. demanding sealed with the seal of State Pensions, D. BACQUELAINE the Minister of independent, Minister: the 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 from 08/07/2016 (Moniteur belge of 22/08/2016), Decree of the French community of 26/01/2017 (Moniteur belge of 02/09/2017) Decree of the German-speaking community of 20/02/2017 (Moniteur belge of 14/03/2017), Decree of the Region Walloon from 21 / 12 / 2016 (Moniteur belge of 01/05/2017) Community Board order common 23/12/2016 (Moniteur belge of 02/02/2017).
(3) date of entry into force: 01/05/2017.

ANIME CONVENTION on the security social between the Kingdom of Belgium and the Republic Tunisian. the Kingdom of Belgium and the Republic of Tunisia, of the desire to improve the reciprocal relations between the two States in the field of social security, are agreed the following: title I. -Provisions General Article 1 Definitions 1.
For the purposes of this Convention: a) "Belgium" means: the Kingdom of Belgium, which includes the territory, including its territorial sea as well as the areas over which, in accordance with international law, the Kingdom of Belgium has sovereign rights or jurisdiction;
"Tunisia" means: the Republic of Tunisia, which includes the territory and maritime areas and airspace above over which the Tunisia has its sovereignty and jurisdiction in accordance with international law.
(b) the term "national" means: with regard to the Belgium: a person who has the Belgian nationality.
With regard to the Tunisia: a person who has 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 the Belgium: Ministers, each which is concerned, the application of the legislation referred to in article 2, paragraph 1 A of this agreement.
With regard to the Tunisia: the Minister, Ministers or other corresponding authority responsible legislation referred to in article 2, paragraph 1 B of this agreement.
(e) the term 'institution' means: the body, organization or authority to apply, in whole or in part, the legislation referred to in article 2, paragraph 1 of the present Convention.
(f) the term "competent institution" means: the institution that has the financial burden of benefits.
(g) the term "period of insurance" means: any period recognized as such by the legislation under which this period has been completed, as well as any similar period recognized by this legislation.
(h) the term "delivery" means: any benefits in kind or in cash, any pension or annuity, provided for by the legislation of each of the Contracting States, including all supplements or increases which are applicable under the legislation referred to in article 2 of the Convention.
(i) the term "member of the family" means: any person defined or admitted as a family member or beneficiary or designated as a member of the household by the legislation under which benefits are served, or in the case referred to in article 14 of the Convention, by the legislation of the Contracting Party on whose territory she 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 "stay" means: the temporary stay.
(m) the term "refugee" means: any person who has obtained the recognition of refugee status under the convention relating to the status of refugees, signed at Geneva on 28 July 1951, as well as the additional Protocol relating to the status of refugees of 31 January 1967.
(n) the term "stateless person" means: any person defined as a stateless person in article 1 of the convention relating to the status of stateless persons, signed in New York on 28 September 1954.
2. any term not defined in paragraph 1 of the present article has the meaning assigned by the legislation which applies.
Article 2 material scope 1. This Convention shall apply: a. with regard to Belgium, in the legislation: (a) benefits in kind or in cash related to the illness and motherhood of salaried workers and the self-employed;
(b) to benefits relating to accidents at work and occupational diseases;
(c) to retirement and pensions of survival of salaried workers and the self-employed;
(d) to benefits related to the disability of salaried workers, sailors of the Merchant Navy and minor workers as well as independent workers;
(e) to family benefits of salaried workers and the self-employed;
(f) to unemployment benefits;
and, with regard to title II only to legislations: (g) social security for workers.
(h) to the social status of the self-employed.
B. with regard to Tunisia, to the legislation: (a) to the social security legislation applicable to salaried workers, employees or assimilated as well as for workers in the public sector on:

(i) insurance sickness and maternity benefits;
(ii) death benefits;
(iii) compensation for accidents at work and occupational diseases;
(iv) the disability insurance benefits, old age and survivors: (v) family benefits;
(vi) the protection of workers who lose their jobs for economic or technological reasons or unexpected and definitive closure without respect for the provisions of the labour code.
(b) to the legislation of social security for students.
2. the present Convention will also apply to all legislative or regulatory acts which amend or supplement the legislation listed in paragraph 1 of this article.
3 will apply to the legislative or regulatory acts that extend existing to new categories of beneficiaries if there is not, in this regard, opposition of the Contracting State that changes its law, notified to the other Contracting State within a period of six months from the publication of the official said actions.
4. the present Convention is not applicable to legislative or regulatory acts establishing a new branch of social security, unless an agreement to that effect between the competent authorities of the Contracting States.
Article 3 personal scope unless provided otherwise, this Convention applies: a) to persons who are or who were submitted to the legislation of one of the Contracting States and who are: i) nationals of one of the Contracting States, or of ii) stateless persons or refugees recognized by one of the Contracting States, as well as to members of their families and their survivors;
(b) to the survivors and the family members of those who were submitted to the legislation of one of the two Contracting States, without regard to the nationality of the latter when these survivors or those family members are nationals of one of the Contracting States or stateless persons or refugees recognized by one of the Contracting States.
Article 4 equality of treatment unless it is otherwise arranged in this agreement, the persons referred to in article 3 are subject to the obligations and are admitted to the benefit of the legislation of the Contracting State under the same conditions as nationals of that State.
Article 5 waiver of residence clauses 1.
Unless this agreement provides otherwise, insurance sickness and maternity cash benefits, invalidity, accidents at work and occupational diseases as well as those relating to the retirement and survival pensions acquired under the legislation of one of the Contracting States may be suspended, nor suffer any reduction or amendment by the beneficiary stays or resides in the territory of the other Contracting State.
2. benefits of retirement and survival, of accidents of work and of occupational diseases caused by the Belgium are paid to Tunisian nationals who reside in the territory of a third State under the same conditions as if he were Belgian nationals residing in the territory of that third State.
3. the benefits of retirement and survival, of accidents of work and professional-related diseases by the Tunisia are paid to Belgian nationals residing on the territory of a State with which the Tunisia is bound by a social security agreement, under the same conditions as if it were of Tunisian nationals residing in the territory of that State.
Article 6 reduction or suspension Clauses of reduction or suspension clauses provided for by the legislation of a Contracting State, in the event of cumulation of a performance with any other social security benefits or other income from the exercise of a professional activity, are opposable to the beneficiaries, even if it benefits earned under a plan State or revenue obtained from a professional activity in the territory of the other State.
However, this rule is not applicable to the overlapping of two benefits of same nature calculated in proportion to the duration of the periods completed in the two States.
TITLE II. -Provisions determining the applicable law Article 7 General rules 1. Subject to articles 8 to 11, the applicable law is determined in accordance with the following provisions: a) the person who carries out a professional activity as an employee in the territory of a Contracting State is subject to the legislation of that State even if the employer or the company that employs the person has his domicile or headquarters on the territory of the other State Contracting;
(b) the person having an independent professional activity in the territory of a Contracting State is subject to the legislation of that State;
(c) a person who exercises a professional activity on board a ship flying flag of a Contracting State is subject to the legislation of the State where that person has his residence;
(d) the person who is part of the crew or crew member of a company engaged in international transport of passengers or goods by road or air, on behalf of others or on its own account, and having its head office in the territory of a Contracting State is subject to the legislation of the latter State.
2. in the case of the simultaneous exercise of independent professional activity in Belgium and employee in Tunisia, the activity carried out in Tunisia is considered a salaried activity in Belgium, for the determination of the obligations resulting from the Belgian legislation on the social status of the self-employed.
3. the person who is simultaneously employed in the territory of the two Contracting States is, for the entirety of its salaried activities, only subject to the legislation of the State on whose territory she resides. For the fixing of the amount of income to be taken into consideration for the contributions due under the legislation of that Contracting State, account is taken of the professional income made on the territory of the two Contracting States.
Article 8 specific rules 1.
The employee who, being in the service of a company with an establishment normally, within the territory of one of the Contracting States is seconded by this company on the territory of the other Contracting State to perform work on behalf of this, there remains, as well as

members of his family who accompany him, subject to the legislation of the first State as if he continued to be occupied its territory, provided that the expected duration of the work it must perform does not exceed twenty-four months and that he is not sent to replace another person reached the end of the period of their secondment.
2. in the event that the secondment referred to in paragraph 1 of this article continues beyond twenty-four months, the competent authorities of the two Contracting States, or the institutions designated by those competent authorities, can be agreed that the employee remains subject only to the legislation of the first Contracting State. However, this extension may be granted for a period exceeding 36 months. She must be requested before the end of the initial period to 24 months.
(3. article 7, paragraph 1, c), is not applicable to the person who, being not usually busy on the high seas, is occupied in the territorial waters or in a port of one of the Contracting States on a ship flying the flag of another State. According to the case, article 7, paragraph 1, has), or paragraph 1 of the present article shall apply.
4. where a company of a Contracting State transport has, on the territory of the other Contracting State, a branch or permanent representation, the employee occupies it is subject to the legislation of the State contractor whose territory the branch or permanent representation is on, except for the one that is sent for a period not exceeding five years.
5. when a person subject to the legislation of a Contracting State and which usually carries out an independent activity in the territory of that Contracting State, temporarily has a similar independent activity, only in the territory of the other Contracting State, that person remains subject only to the legislation of the first Contracting State as if she continued to work in the territory of the first Contracting State , provided that the expected duration of self-employment in the territory of the other Contracting State does not exceed twenty-four months.
6. in the event that the independent activity on the territory of the other Contracting State referred to in paragraph 5 of this article continues beyond the initial 24-month period, the competent authorities of the two Contracting States or the institutions designated by those competent authorities can agree that the self-employed remains subject only to the legislation of the first Contracting State. However, this extension may be granted for a period exceeding 36 months. She must be requested before the end of the initial 24-month period.
Article 9 officials and clerks of a Contracting State officials posted on the territory of the other Contracting State to pursue their activity, remain, and the members of their family, subject to the legislation of the first State.
Article 10 members of diplomatic missions and consular posts 1. This Convention cannot infringe the provisions of the Vienna Convention on diplomatic of April 8, 1961 or the provisions of the Vienna Convention on consular relations of 24 April 1963.
2. the practical arrangements concerning the execution of the provisions of article 33 of the Vienna Convention on diplomatic relations and article 48 of the Vienna Convention on consular relations referred to above, will be dealt with under the Administrative Arrangement referred to in article 43 of this Convention.
Article 11 exceptions the competent authorities may provide, by mutual agreement, in the interest of certain persons or certain categories of persons, derogations from the provisions of articles 7 to 10 of the present Convention.
TITLE III. -Special provisions concerning benefits Chapter 1.
-Sickness and maternity Article 12 aggregation of periods of insurance for the opening, maintaining or recovery of the right to sickness and maternity benefits and their duration of grant, the periods of insurance completed under the legislation of each State are tabulated as long as they do not overlap.
Section 13 benefits in kind in case of stay on the territory of the other 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 comes to require immediate health care during a stay in the territory of the other Contracting State, receive benefits in kind in the territory of the latter State.
2. the benefits in kind 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 benefits is governed by the legislation of the competent State.
3. paragraph 1 of the present article does not apply: has) when a person goes, without authorisation of the competent institution, in the territory of the other Contracting State in order to receive medical treatment;
(b) except in cases of absolute urgency, prostheses, the large equipment and other benefits in kind of great importance whose list is stopped by mutual agreement by the competent authorities within the framework of the Administrative Arrangement referred to in article 43 of this Convention. There is to be understood by absolute emergency cases - those where the service of one of these benefits cannot be postponed without endangering life or permanently affect the health of the person concerned.
(4. the onus is on the institution of the place of stay to determine the immediate need for care referred to in paragraph 1 of this article, as well as to see the absolute urgency referred to in paragraph 3, b) of this article.
Article 14 benefits in kind in case of residence on the territory of the other State 1.
A person, who is entitled to benefits in kind under the legislation of one of the Contracting States and who resides in the territory of the other Contracting State, benefits of benefits in kind in the territory of the latter State.
2. the members of the family of a person who is subject to the legislation of a Contracting State who reside on the territory of the other Contracting State

receive benefits in kind in the territory of the latter State.
3. the benefits in kind 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 benefits is governed by the legislation of the competent State.
4. paragraphs 2 and 3 shall not apply to the members of the family if they are entitled to benefits in kind under the legislation of the Contracting State on whose territory they reside.
Article 15 benefits in kind for workers in specific situations 1. The person who is, under articles 8 to 11, subject to the legislation of a Contracting State, and the members of his family accompanying him, receive benefits in kind for the duration of their occupation in the territory of the other Contracting State.
2. the benefits in kind are provided, on behalf of the competent institution, by the institution of the place of stay or residence under the legislation it applies. However, the duration of benefits is governed by the legislation of the competent State.
Article 16 benefits in-kind for holders of disability benefits, retirement or survival or annuities 1.
The holder of benefits for disability, retirement or survival or annuities to an accident at work or an occupational disease, due under the legislation of both Contracting States, benefits for himself and members of his family to benefits in kind according to the legislation of the State in whose territory he resides and at the expense of the competent institution of that State.
2. the holder of disability benefits, retirement or survival or rents a work or of an occupational disease, accident due exclusively under the legislation of one of the two Contracting States, who resides in the territory of the other Contracting State, benefits for himself and members of his family to benefits in kind. 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 benefits is governed by the legislation of the competent State.
3. the people cease their professional activity and request the grant of a disability pension or a pension, retain, as well as members of their family, during the hearing of this application, the right to benefits in kind to which they can claim the title of the legislation of the competent State in last place. Benefits in kind are served by the institution of the place of residence on behalf of the institution to which the burden of these benefits after the granting of disability retirement or pension benefit.
Article 17 benefits in kind in case of stay on the territory of the competent State the persons referred to in paragraphs 1 and 2 of article 14 and paragraph 2 of article 16, staying in the territory of the Contracting State competent receive benefits in kind in the territory of that State, the responsibility of the competent institution of the place of stay and according to the legislation it applies.
Article 18 management benefits in kind 1. When a person or a family member entitled to benefits in kind under the legislation of one Contracting State, these benefits are exclusively borne by the competent institution of that State.
2. where a person or a family member may be entitled to benefits in kind under the two legislations concerned, these services are exclusively borne by the competent institution of the Contracting State on the territory of which they are served.
Article 19 refund of benefits in kind between institutions 1. The actual amount of benefits in kind provided by virtue of the provisions of articles 13, 14, 15 and 16, paragraph 2, is refunded by the competent institution to the institution which served those services, as provided in the Administrative Arrangement.
2. the competent authorities may decide by common agreement total or partial waiver of the reimbursement referred to in paragraph 1 or agreed between them to another mode of repayment.
Article 20 benefits in case of illness and maternity 1. The person completing the conditions provided for by the legislation of the competent State for entitlement to sickness-maternity insurance cash benefits, possibly the provisions of article 12, given retains entitlement to these benefits during a stay in the territory of the other State subject to prior agreement of the competent institution. Cash benefits are paid directly by the competent institution responsible for the beneficiary.
Benefits in kind needed for continued medical treatment of the person mentioned in this paragraph are served by the institution of the place of stay according to the legislation which it applies to the responsibility of the competent institution. However, the duration of benefits is governed by the legislation of the competent State.
2. the beneficiary of cash benefits sickness-maternity insurance in respect of the legislation of a Contracting State can keep these benefits if he transfers his residence in the territory of the other Contracting State. The debtor institution of benefits may require, pursuant to the legislation in force in this area, that the transfer of residence is subject to prior authorisation. However, this authorization may be refused only if the move is not recommended for medical reasons duly established.
CHAPTER 2. -Accidents at work and occupational diseases Article 21 benefits in-kind served on the territory of the other State 1. The person who, because of an accident of work or of an occupational disease, is entitled to benefits in kind under the legislation of a Contracting State, benefits in case of stay or of residence on the territory of the other Contracting State, of benefits in kind.
2. the benefits in kind are provided, on behalf of the competent institution, by the institution of the place of stay or residence under the legislation it applies. However, the duration of benefits is governed by the legislation of the competent State.
Article 22 benefits in kind for workers in special situations

1. the person who is, under articles 8 to 11, subject to the legislation of a Contracting State is entitled, due to an accident at work or of an occupational disease, to in-kind benefits for the duration of his occupation in the territory of the other Contracting State.
2. the benefits in kind are provided, on behalf of the competent institution, by the institution of the place of stay or residence under the legislation it applies. However, the duration of benefits is governed by the legislation of the competent State.
Article 23 refund of benefits in kind between institutions 1.
The actual amount of benefits in kind provided under articles 21 and 22 is refunded by the competent institution to the institution which served those services, as provided in the Administrative Arrangement.
2. the competent authorities may decide by common agreement total or partial waiver of the reimbursement referred to in paragraph 1 or agreed between them to a different payment method.
Section 24 consideration of accidents of work and of occupational diseases previously if the legislation of a State Contracting States explicitly or implicitly that work accidents or occupational diseases which occurred previously are taken into account to assess the degree of disability, work accidents and occupational diseases which occurred previously under the legislation of the other Contracting State are deemed to have occurred under the legislation of the first State.
Article 25 Accidents on the way to work the accident on the way to work that took place in the territory of a Contracting State other the competent State is regarded as occurring on the territory of the competent State.
Article 26 recognition of occupational disease 1.
When the victim of an occupational disease has exercised an activity likely to cause the said disease under the legislation of both Contracting States, the benefits to which the victim or his/her survivors may claim are granted exclusively in respect of the legislation of the State in the territory of which this activity was conducted in last place and subject that the person concerned meets the conditions provided for by this legislation taking into account, as appropriate, the provisions of paragraph 2 of this article.
2. If benefits of occupational disease in respect of the legislation of a Contracting State is subject to the condition that the disease has been reported clinically for the first time on its territory, this condition is deemed to be completed when the said disease was found for the first time on the territory of the other Contracting State.
3. If the benefits of occupational disease in respect of the legislation of a Contracting State is subject to the condition that an activity likely to cause the disease under consideration was conducted for a period of time, the competent institution of that State takes into account, to the extent necessary, periods during which such activity was conducted under the legislation of the other Contracting State as if it had been taken under the legislation of the first State.
Article 27 Professional disease getting worse when professional, the person who benefits or who received compensation for an occupational disease under the legislation of one of the Contracting States argues, for an illness similar to benefits under the legislation of the other Contracting State, the following rules are applicable in case of worsening of a disease (: a) if the person has not exercised a professional activity that is likely to cause or aggravate the occupational disease in the territory of that State, the competent institution of the first State shall assume the cost of benefits, given the worsening, according to the provisions of the legislation it applies;
(b) if the person has exercised such professional activity in the territory of that State, the competent institution of the first State shall assume responsibility for the benefits, without taking into account the worsening, according to the provisions of the legislation it applies; the competent institution of the second State shall allow the person a supplement whose amount is determined according to the legislation of that State, and which is equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit which would have been due prior to the aggravation.
Article 28 pension to surviving spouses in case of an accident at work or occupational disease followed by death, the pension to the surviving spouse is, as appropriate, distributed also and definitely between surviving spouses, according to the provisions of the personal status of the victim.
Article 29 pension to orphans subject to the provisions of paragraph 3 of article 5 of this Convention, in case of an accident at work or occupational disease followed by death, the pension for orphans is served them in accordance with the legislation which applies.
CHAPTER 3. -Old age, death and invalidity Section 1. -Special provisions concerning benefits for old age and survivors Article 30 totalization of insurance periods 1. Subject to the provisions of paragraph 2 of this article, the insurance periods and equivalent periods completed under the legislation of one of the Contracting States relating to pension insurance, are added as necessary, on condition they do not overlap with periods of insurance completed under the legislation of the other Contracting State, with a view to the acquisition retention or recovery of the right to benefits.
2. where the legislation of one of the Contracting States makes the granting of certain benefits on the condition that the periods of insurance have been completed in a given occupation, not are totaled, for admission to these benefits, that the periods of insurance completed or assimilated into the same profession in another State Contracting.
3. where the legislation of one of the Contracting States subordinates the granting of certain benefits to the condition that the periods of insurance have been completed in a specific profession and when these periods could not entitle said benefits, periods are considered valid for the

liquidation of the benefits provided to the general system for the employed.
4. where, notwithstanding the implementation of paragraphs 1 to 3 of this article, the person does not conditions for entitlement to benefits, periods of insurance completed under the legislation of a third State with which both Contracting States are linked, each which is concerned, are tabulated by a social security agreement providing for the aggregation of periods of insurance.
Article 31 the benefit of retirement and survival 1. When the person meets the conditions required by the legislation of one of the Contracting States to be entitled to benefits without being necessary to perform totalization, the competent institution of that State determines the right to directly benefit on basis of insurance periods completed in that State and according to its legislation only.
This institution also carries out the calculation of the amount of the benefit that would be obtained by application of the rules set out in paragraph 2, letter a) and b). The highest rate is only held.
2. If a person entitled to a benefit under the legislation of one of the Contracting States whose law is open only in light of the aggregation of periods of insurance made in accordance with article 30, the following rules apply: a) the competent institution of that Contracting State calculates the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed under the legislation it only apply;
(b) this institution then calculates the amount due on the basis of the amount referred to in the literature), in proportion to the duration of the periods of insurance completed under its own legislation compared to the duration of insurance periods counted under the littera has).
(c) for the calculation of the benefit of retirement or survival, he takes account of periods of insurance as long as they do not exceed the maximum of insurance periods which may be taken into account by the legislation applied by the competent institution.
Article 32 allocation of the provision of survival survival due to the surviving spouse pension is distributed as appropriate, also and definitely between surviving spouses, in the provisions of the personal status of the social security.
Section 2. -Special provisions for disability section 33 totalization of insurance periods 1. For the acquisition, maintenance or recovery of the right to disability benefits, the provisions of article 30 are applicable by analogy.
2. the right to disability benefit is the person who, at the date of the onset of the disability, was subject to the legislation of one of the two Contracting States on disability benefits or even who was the beneficiary of a disability under this legislation and has previously achieved periods of insurance under the legislation of the other State Contracting.
Article 34 calculation of disability benefits 1. If the right to the disability benefits under the legislation of one of the two Contracting States, is open only by aggregation of periods of insurance completed in the two Contracting States made in accordance with article 33 of this agreement, the amount of the benefit due is determined according to the procedure fixed by article 31, paragraph 2 of the Convention.
2. Notwithstanding the provisions of article 6 of the Convention, where the right to Belgian disability benefits is open although it was necessary to appeal to the provisions of article 33 of this Convention, and that the amount resulting from the addition of the Tunisian provision and the Belgian benefit calculated according to paragraph 1 of this article, is less than the amount of the benefit due the only Belgian legislation based on the competent Belgian institution allocates a supplement equal to the difference between the sum of the two above and the amount due under Belgian legislation alone.
Article 35 disability benefits during a stay in the other Contracting State the holder of a disability of the legislation of either of the two Contracting States retains the benefit of this provision during a stay in the other Contracting State, when this trip has been authorized by the competent institution of the first Contracting State. However, authorisation may be refused when the stay is located in the period in which, under the legislation of the first Contracting State, the competent institution of that Contracting State to conduct the assessment or the revision of the State of disability.
Section 3. -Provisions common to benefits, survival and disability section 36 insurance periods less than one year 1. When the insurance period total for the calculation of the benefit in accordance with the law of a Contracting State is less than 12 months, the provision will not be granted, except when there is, in accordance with these regulations, a right to benefit based solely on this insurance period.
2. the period of insurance referred to in paragraph 1 of this article, on the basis of which the institution of one of the Contracting States provides no benefits, is taken into account by the institution of the other Contracting State for the opening, the maintenance or recovery of entitlement to the benefit, as well as to the determination of its amount, as if this insurance period had been completed in accordance with the legislation it applies.
Article 37 possible Revision of benefits 1. If, due to the increase in the cost of living, the variation in the level of wages or other causes of adaptation, old age benefits, survival or disability awarded on the basis of the legislation of either of the two Contracting States are changed by a percentage or fixed amount, the competent institution of the other Contracting State is not required to proceed to a new calculation of the said benefits.
2. However, in case of changing the mode of establishment or of the rules for the calculation of the benefits of old age, disability or survival, a new calculation of benefits is made in accordance with article 31 or 35 of this agreement. This rule will have no effect on the benefits already

paid at the time of the entry into force of the amendment.
Article 38 exercise or recovery of a professional activity by the pensioner by derogation to article 6, if the Tunisian law subordinates the granting or the service of a pension on condition that the person concerned has ceased to exercise a professional activity, this condition is not enforceable when the activity is carried out on the territory of the other Contracting State.
CHAPTER 4. -Funeral grant or death Article 39 1. For opening, maintaining or recovery of the right to the death benefit, periods of insurance completed under the legislation of each of the Contracting States are tabulated as long as they do not overlap.
2. the competent institution shall give the death grant under the legislation which it applies, even if the person was living at the time of death on the territory of the other Contracting State.
3. in the case of a death of a pension holder, survival or disability or pensions for accidents at work or professional diseases by virtue of the laws of the two Contracting States, the death benefit is due by the competent institution of the Contracting State on the territory of which he resides at the time of death.
4. in the case of a death of a pension holder, survival or disability or pensions for accidents at work or professional illnesses exclusively under the legislation of one the two Contracting States, who resides at the time of death on the territory of the other Contracting State, the death benefit is due by the competent institution of the other Contracting State.
5. If the death was due to an occupational disease and the right to a death grant is open in the two Contracting States, this allowance is served by the competent institution of the Contracting State where the worker an employee or non-employee was exposed to the risk of occupational disease last.
CHAPTER 5. -Allowances family Article 40 Acquisition, maintenance or recovery of entitlement to family benefits 1. When the legislation of a Contracting State makes acquisition, maintenance or recovery of the right to benefits to the completion of periods of insurance, the institution which applies this legislation takes into account for this purpose, as necessary, for the purposes of aggregation of periods of insurance completed under the legislation of the other Contracting State, as periods of insurance completed under the legislation of the first Contracting State , on the condition that they do not overlap.
2. the term "family allowances" means: the periodic cash benefits such as times in the Administrative Arrangement referred to in article 43 of this Convention. The competent authorities will determine in the arrangement: has) the categories of beneficiary children;
(b) the conditions and rates of allowances as well as the periods for which they are granted.
3. persons subject to the legislation of one of the Contracting States are entitled, for the children who reside in the territory of the other Contracting State, to the family allowances of the first Contracting State.
4. the owner of pensions or pension due in respect of the laws of the two Contracting States is entitled for children residing on the territory of the other Contracting State other than the one where this holder to family allowances of the Contracting State where the holder from pensions or annuities.
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 is entitled to family allowances of the Contracting State to the legislation of which the deceased was subject in last place and in conditions covered by this legislation.
6. Notwithstanding paragraphs 3 to 5 of this article, when a right to family allowances is opened in both Contracting States, the State where the child is considered be the competent State responsible for family allowances.
CHAPTER 6. -Unemployment section 41 totalization of insurance periods 1. If the legislation of a Contracting State makes the acquisition, retention, recovery or the duration of the right to benefits to the completion of periods of insurance in the context of legislation on unemployment benefits, the institution which is responsible for the application of this legislation takes into account for this purpose, to the extent necessary for the purpose of totalization, of periods of insurance completed, as salaried worker as part of the legislation relating to the unemployment benefits of the other Contracting State as if he were insurance periods completed under its legislation relating to unemployment benefits.
2. the competent institution of the Contracting State whose legislation on unemployment benefits makes the acquisition, retention, recovery or the duration of entitlement to the benefits to the completion of periods of insurance in the context of legislation on unemployment benefits, is required to take into account periods of insurance completed in the other Contracting State under its legislation relating to unemployment benefits on the condition that these periods are regarded as periods of insurance if they had been completed under the legislation relating to unemployment benefits which it applies.
3. the application of the provisions of paragraphs l and 2 of this article is subject to the condition that the person has completed Lastly of periods of employment or, in the case of paragraph 2, periods of insurance under the legislation relating to unemployment benefits of the Contracting State in respect of which benefits are requested and he has done under that legislation a professional activity as a employee for twenty-six weeks at least twelve past months prior to the application.
4. the first paragraph of the present article applies notwithstanding the transfer of employment, no fault of the employee, before the completion of twenty-six weeks, when this job was meant to last longer.
Article 42 taking into account of an insurance period in another State in case of application of the provisions of article 41 of the Convention, the institution of a Contracting State take into account, is there place, to determine the duration of grant and the amount of the benefits, of the period during

which benefits have been paid by the competent institution of the other Contracting State, up to a maximum of twelve months and within the limits set by the legislation relating to unemployment benefits that the competent institution of the first State Contracting apply.
TITLE IV. (-Provisions various Article 43 Cooperation between competent authorities competent authorities: has) are, by administrative arrangement, the measures and procedures necessary for the application of this Convention and are designate the institutions of liaison, the competent institutions and the institutions of the place of residence and the place to stay.
(b) define administrative assistance procedures and the terms of payment expenses related to obtaining of necessary medical, administrative and other certificates for the purposes of this Convention;
(c) communicate directly all information concerning the measures taken for the application of this Convention;
(d) communicate, directly and without delay any changes in their legislation likely to affect the application of this Convention.
A joint commission composed of representatives of the competent authorities of each Contracting State, article 44 Joint Commission is responsible for monitoring the application of this Convention and to propose any changes. The Joint Committee shall meet, as necessary, at the request of the one or the other Contracting State, alternately in Belgium and Tunisia.
Article 45 mutual administrative 1.
For the purposes of this Convention, the competent authorities and competent institutions of each of the Contracting States lend each other their good offices, as if it were the application of their own legislation. This support is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain expenses.
2. the medical expertise of persons who reside or stay in the territory of the other Contracting State, are carried out by the institution of the place of stay or residence, at the request of the competent institution and at his expense. Costs of these medical examinations are not refunded if they have been made in the interest of both Contracting States.
3. in case of refund, the costs referred to in paragraph 1 and 2 of the present article are repaid according to the terms set by the administrative arrangement referred to in article 43 of this Convention.
4. for the purposes of this Convention, the competent authorities and competent institutions of the Contracting States are entitled to correspond directly with each other and with anyone, regardless of residence.
Correspondence can be done in one of the official languages of the two Contracting States.
5. in addition to the implementation of the General principles of administrative cooperation, the Contracting States agree, in an administrative arrangement, the modalities according to which they lend their contest to combat cross-border fraud to contributions and social security benefits, especially for what concerns the actual residence of persons, the assessment of resources, the calculation of the contributions and the cumulation of benefits.
Article 46 communications and protection of personal data 1. The institutions of the two Contracting States are allowed to communicate, for the purposes of the application of the present Convention, personal data, including data related to the income of the people, the knowledge of which is necessary for the institution of a Contracting State.
2. the communication by establishing a State of personal data is subject to the respect of this Contracting State data protection law.
3. conservation, processing, dissemination, modification or destruction of personal data by the State institution contracting with which they are provided, are subject to that Contracting State data protection law.
4. the data referred to in this article cannot be used for any other purpose than to the application of the laws of the two Contracting States.
Article 47 Tax Exemptions and exemption from legalisation 1. The benefit of the exemptions or reductions in taxes, stamp, registry or registration rights provided for by the legislation of one of the Contracting States for the parts or documents to be produced in application of the legislation of that State, is extended to the parts and similar documents to be produced in application of the legislation of the other Contracting State.
2. all acts and documents to be produced in application of the present Convention are exempted from visa legalization of the diplomatic or consular authorities.
Article 48 requests, declarations or appeals 1. The requests, statements or action, according to the legislation of a Contracting State, within a specified period to an authority, institution or jurisdiction of that State, are admissible if they are introduced in the same period to an authority, institution or jurisdiction of the other Contracting State. In this case, the authority, the institution or the Court must, without delay, provide these requests, declarations or appeals 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 claims, declarations or appeals were introduced to an authority, institution or jurisdiction of the other Contracting State is considered to be the date of introduction to the authority, institution or jurisdiction to find out.
2. the claim for benefits submitted to the competent institution of a Contracting State is also admissible, for corresponding benefits, by the competent institution of the other Contracting State.
3. the authorities, institutions and jurisdictions of one Contracting State may not reject applications, requests or other documents which are addressed or presented to the fact that they are written in an official language of the other Contracting State.
Article 49 payment of benefits and transfers 1. The debtor institutions of benefits under this Convention will release is validly in the currency of their State.
2.

The debtor institution pays directly to the recipient the benefits owed to him, the deadlines and according to the procedure prescribed by the legislation which it applies.
3. However, the debtor institution of annuities or pensions which the monthly amount is less than an amount to be determined by Exchange of letters between the competent authorities of the two Contracting States, pay, at the request of the beneficiary, such annuities and pensions quarterly, semi-annually or annually.
4. the provisions of the legislation of a Contracting oversight changes state cannot obstruct the free transfer of the amounts resulting from the application of this Convention.
Article 50 settlement of disputes the difficulties and disputes, related to the interpretation and application of this Convention, are set within the Joint Committee provided for in article 44 of the said Convention.
Article 51 the recovery 1. If, at the time of payment or the review of benefits in application of this Convention, the institution of a State Contracting paid to the recipient of benefits a sum which exceeds that to which he is entitled, that institution may, under the conditions and limits provided for by the legislation which it applies, ask the debtor of the contracting provision similarly State institution nature to this beneficiary to hold the amount overpaid on recalls of the arrears due profit audit under the conditions and limits provided for by the legislation it applies and transfer the amount so withheld to the creditor institution. If the amount paid in too may not be retained on the arrears reminders, the provisions of paragraph 2 shall apply.
2. when the institution of a Contracting State has paid to a recipient of benefits a sum to which he is not entitled, that institution may, under the conditions and limits provided for by the legislation it applies, request the institution of the other Contracting State, debtor of benefits in favour of the beneficiary, to withhold such sum on the benefits of the same nature it pays recipient audit. 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 are served by itself, and transfer the amount so withheld to the creditor institution.
Article 52 enforcement Procedures 1. Enforceable decisions of the judicial authorities of one of the two Contracting States, as well as the acts or enforceable titles made by an authority or an institution of one of the Contracting States who are more likely to use, related to social security contributions, interest and any other charges or the repetition of benefits improperly served, are recognized and implemented on the territory of the other Contracting State in the limits and according to the procedures laid down by the legislation and any other procedures that are applicable to similar decisions of the other Contracting State.
2. recognition may be refused only if it is incompatible with the public policy of the Contracting State on whose territory the decision, act or the title should have been executed.
3. claims of an institution, in a procedure execution, bankruptcy or liquidation forced on the territory of the other Contracting State, benefit from privileges similar to those granted under the legislation of that Contracting State.
4. claims to be a recovery or a forced recovery are protected by the same guarantees and privileges as loans of the same nature of a body located in the territory of the Contracting State on which the recovery or enforcement takes place.
5. the terms of the present article are fixed under the administrative arrangement referred to in article 43 of this Convention.
Article 53 recourse against third if the person is entitled to benefits under the legislation of one of the two Contracting States for a loss resulting from developments on the territory of the other Contracting State, any rights of the institution of the debtor against the third held in the repair of the damage are set as follows: a) if the institution is subrogated under the legislation it applies, in the rights that the recipient has against the third party, the subrogation is recognized by the other Contracting State.
(b) where the said institution has a direct right against the third party, the other State recognizes this right.
Title V. - Transitional provisions and final Article 54 eventualities and situations prior to the entry into force of the Convention 1. This Convention also applies to the contingencies that occurred prior to its entry into force.
2. the present Convention does not establish entitlement to benefits for a period prior to its entry into force.
3. any period of insurance completed under the legislation of one of the Contracting States before the date of entry into force of the Convention is taken into account for the determination of entitlement to a benefit opening in accordance with the provisions of this Convention.
4. this Convention does not apply to rights that were liquidated by the granting of a lump sum or the reimbursement of contributions.
Article 55 review, prescription, forfeiture 1.
Any benefit which has not been awarded or which has been suspended because of the nationality of the person concerned or due to his residence in the territory of the Contracting State other than that where the body paying is at the request of the interested party, liquidated or restored from the entry into force of the Convention.
2. rights of stakeholders having awarded prior to the entry into force of the Convention, the liquidation of a benefit, are revised at their request, in view of the provisions of this Convention. In any case, such a revision must have reduced the earlier rights of the persons concerned.
3. If the application referred to in subsection 1 or 2 of this article is made within a period of two years from the date of entry into force of the Convention, the rights in accordance with the provisions of this Convention are acquired from this date, without the provisions of the legislation of one or the other State

contractor, forfeiture or limitation of rights, are binding on those concerned.
4. If the request referred to in paragraphs 1 or 2 of this article is made after the expiry of a period of two years after the entry into force of this Convention, contracting rights that are not struck by forfeiture or which are not prescribed, are acquired from the date of the application, subject to more favourable provisions of the legislation of the State in question.
Article 56 duration this agreement is concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification, through diplomatic channels, to the other State with a twelve month notice period.
Article 57 guaranteed the rights acquired or being acquired in the event of denunciation of this Convention, the rights and payments of benefits earned under the agreement will be maintained. The Contracting States will take arrangements with regard to the rights being acquired.
Article 58 repeals and transitional measures 1. The day of the entry into force of the Convention, the General Convention on social security signed January 29, 1975 between the Kingdom of Belgium and the Tunisian Republic ceases to exist and is replaced by this agreement.
2 claims made before the entry into force of this Convention, but not giving rise, on this date, a decision, are examined in the light of the provisions of the Convention on 29 January 1975, supra and the Convention. The most favourable solution for the insured is retained.
Article 59 entry into force the present Convention will be effective the first day of the second month following the date of receipt of the note by which the last of the two Contracting States will have meant to the other Contracting State, through diplomatic channels, that the formalities legally required for the entry into force of this Convention are fulfilled.
IN faith whereof, the Plenipotentiaries duly authorised, have signed this Convention.
IS in Tunis, March 23, 2013, in duplicate, in French, Dutch and Arabic, the three texts being equally authentic.