Posted the: 2015-12-22 Numac: 2014015226 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE January 19, 2014. -Law concerning consent to the agreement on social security between the Kingdom of Belgium and the Republic of Argentina, made in Buenos Aires on March 3, 2010 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and the Republic of Argentina, made in Buenos Aires on March 3, 2010, will release its full and complete effect.
S. 3. the amendments to the provisions of articles 7 to 9 of the Convention, article 10 of the Convention, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 19, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of Pensions, A. DE CROO the Deputy Prime Minister and Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-1778.
Annals of the Senate: 11/08/2012.
House of representatives (www.lachambre.be): Documents: 53-2489.
Full record: 12-19-2012, 2012-12-20.
(2) this Convention shall enter into force on 01/01/2016, in accordance with article 32 thereof.
CONVENTION on social security between the Kingdom of Belgium and the Republic of Argentina. the Kingdom of Belgium and the Republic of Argentina, anime desire to adjust the interrelationship between the two States in the field of social security, have agreed as follows: title I provisions General Article 1 Definitions 1. For the purposes of this Convention: a) 'Contracting States' means: the Kingdom of Belgium and the Republic Argentina.
(b) the term "Belgium" means: the Kingdom of Belgium;
«Argentina» means: the Republic Argentina.
(c) the term "national" means: in relation to the Belgium: a person of Belgian nationality;
With regard to the Argentina: a person of argentine nationality.
(d) the term 'legislation' means: the laws and regulations referred to in article 2.
(e) the term 'competent authority' means: regards the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1 (b);
With regard to the Argentina: the Ministry of labour, employment and social security or one who will have jurisdiction in the future.
(f) the term "competent institution" means: the body or authority responsible for administering, in whole or in part, the laws referred to in article 2.
(g) the term "liaison body" means: the coordination and organization of information between the competent institutions of both Contracting States involved in the application of this Convention and in the information of the persons concerned on the rights and obligations arising therefrom.
(h) 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 period recognized by this legislation as equivalent to a period of insurance.
(i) "benefit" means: any pension or any benefit in cash or in kind provided for under the laws referred to in article 2 of this Convention, including all supplements, increases or indexing.
2. any term not defined in paragraph 1 of this article has the meaning assigned to it by legislation which applies.
Article 2 scope 1.
This Convention shall apply: A. with respect to Argentina, to the legislation concerning: has) to contributory social security, with respect to the benefits that arise from contingencies of old age, invalidity and survival, managed by the national agencies, provincial public or professionals, municipal officials;
and, with regard to part II only, the laws on: b) social security of employees;
(c) to the social security of the self-employed.
B. with regard to Belgium, to the legislation concerning: has) pensions old age and survival of salaried workers and the self-employed;
(b) to disability of employees, sailors of the Merchant Navy and the self-employed;
and, with regard to part II only, the laws on: c) to social security for employees;
(d) in the social status of self-employed persons.
2. the present Convention will also apply to all legislative or regulatory acts which amend or supplement the laws listed in paragraph 1 of this article.
This Convention will apply to the legislative or regulatory acts which will extend the existing to new categories of beneficiaries plans if there is not, in this regard, opposition of the Contracting State which amends its legislation notified to the other Contracting State within a period of six months from the publication official said acts.
This Convention is not applicable to legislative or regulatory acts establishing a new branch of social security, except if an agreement to that effect between the competent authorities of the two Contracting States.
Article 3 personal scope unless this Convention otherwise, it applies to persons, whatever their nationality, who are or who have acquired rights under the laws referred to in article 2 as well as the rights holders to the members of the family and survivors of the above-mentioned persons.
Article 4 equality of treatment unless it is otherwise specified in this Convention, the persons referred to in article 3 shall be subject to the obligations and are admitted to the benefit of the legislation of each Contracting State under the same conditions as nationals of that State.
Article 5 export of benefits 1. Unless this agreement provides otherwise, the benefits acquired under the legislation of one of the Contracting States may not be suspended, or undergo any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. the benefits of old age and survival due by one of the Contracting States shall be paid to nationals of the other Contracting State who reside in the territory of a third State under the same conditions as nationals of the first Contracting State residing in the territory of that third State.
3. the provisions of the preceding paragraph are also applicable to the final disability benefits granted by the competent institution for Argentina when nationals holders of the other State resident in a third State.
Article 6 provisions for reduction or suspension 1.
Any clause of reduction or suspension of benefit provided for by the legislation of a Contracting State, applicable in the case of overlapping of a benefit with other benefits welfare or with other income, or because of the exercise of a professional activity in the territory of that Contracting State, is also applicable to the benefits due under the legislation of the other Contracting State or to obtained revenues or the product of a professional activity in the territory of that other Contracting State.
2. However, for the purposes of this rule, it need not account for benefits of the same kind which are awarded by the competent bodies of the two Contracting States, in accordance with the provisions of articles 12 and 16 of the Convention.
Title II provisions determining the LEGISLATION APPLICABLE Article 7 rules General 1. Subject to articles 8 to 10 of the present Convention, the applicable law is determined in accordance with the following provisions: a) person exercising a professional activity in the territory of a Contracting State is subject to the legislation of that State;
(b) a person who performs a self-employed activity on board a vessel flying flag of a Contracting State is subject to the legislation of the State in which he has his habitual residence;
(c) a person who is part of the aircrew of a business conducting international air transport of passengers or goods for hire or reward or for its own account, and having its seat in the territory of a Contracting State is subject to the legislation of the latter State. However, when the enterprise on the territory of the other Contracting State, a branch or permanent representation, the employee that it occupies is subject to the legislation of the Contracting State on whose territory it is located.
2. in the case of simultaneous exercise of independent professional activity in Belgium and employee in Argentina, the activity carried out in Argentina is considered a salaried activity in Belgium, for the fixation of the obligations resulting from the Belgian legislation on the social status of self-employed persons.
Article 8 specific rules 1.
(a) the self-employed person who, being in the service of an undertaking having the territory of one of
Contracting States its head office or a branch, which it normally is posted temporarily by this company on the territory of the other Contracting State to perform work on behalf of this company, is subject only to the legislation of the first Contracting State as if he continued to be employed in its territory provided that the anticipated duration of the work it must perform exceeding not twenty-four months and that he is not sent to replace a another worker reached the end of the period of secondment.
(b) the provisions of the substituted has) are also applicable to the members of the family accompanying the worker employed in the territory of the other Contracting State, unless they perform a salaried or self-employed activity in the territory of that Contracting State.
2. where the secondment referred to in paragraph 1 of the present article continues beyond 24 months, the competent authorities of both Contracting States or the institutions designated by those competent authorities may agree 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. It must be requested before the end of the initial period of 24 months.
3. in paragraph 1 of this article applies when a person sent by his employer from the territory of a Contracting State in the territory of a third country is then sent by that employer from the territory of the third country to the territory of the other Contracting State.
4. where a person subject to the legislation of a Contracting State and who usually exercises independent activity on the territory of that Contracting State shall temporarily exercise similar independent activity only on 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 anticipated duration of self-employment in the territory of the other Contracting State does not exceed 24 months.
5. where independent activity on the territory of the other Contracting State referred to in paragraph 4 of this article continues beyond twenty-four months, the competent authorities of both Contracting States or competent institutions designated by the competent authorities may agree that the self-employed person remains subject only to the legislation of the first Contracting State. However, this extension may be granted for a period exceeding 36 months. It must be requested before the end of the initial period of 24 months.
6. in the cases referred to in paragraphs 4 and 5 of this article, the persons concerned must first prove be covered in health care in the sending State.
Article 9 civil servants, members of diplomatic missions and consular posts 1. Members of the staff of diplomatic missions and consular posts are subject to the provisions of the Vienna Convention on diplomatic relations of 18 April 1961 as well as those of the Vienna Convention on consular relations of 24 April 1963.
2. persons engaged by a diplomatic mission or a consular post of one of the Contracting States on the territory of the other Contracting State are subject to the legislation of that Contracting State.
When the diplomatic mission or consular post of one of the Contracting States responsible for persons who are subject to the legislation of the other Contracting State, the mission or post shall take account of the obligations imposed on employers by the legislation of that Contracting State.
3. the provisions of paragraph 2 of this article shall apply by analogy to persons employed in the private service of a person referred to in paragraph 1 of this article.
4. the provisions of paragraphs 1 to 3 of this article shall not apply to members of a consular post or private persons service employed.
5. officials and clerks are subject to the legislation of the Contracting State of which the administration employing them.
These people are, therefor, considered as residing in the territory of that State, even if they are on the territory of the other Contracting State.
6. the provisions of this article are also applicable to the members of the family accompanying the persons referred to in paragraphs 1 and 5, who live on the territory of the home Contracting State, unless they exercise themselves a professional activity.
Article 10 exceptions the competent authorities or the competent institution designated by them may provide, by mutual agreement, in the interests of certain insured persons or certain categories of insured persons, derogations from the provisions of articles 7 to 9.
Title III provisions concerning benefits Chapter 1 TOTALIZING - Rules General Article 11 totalization of insurance periods 1.
Subject to the provisions of paragraph 2 of this article, periods of insurance and assimilated periods completed under the law on benefits of one of the Contracting States, shall be aggregated as necessary, on condition that they overlap with periods of insurance completed under the legislation of the other Contracting State for the acquisition retention or recovery of the right to benefits.
When two periods recognized as assimilated to a period of insurance periods coincide, only the period completed in the Contracting State where the person concerned has worked before this period, is taken into account.
2. where the legislation of either of the two Contracting States the granting of certain benefits on the condition that the periods of insurance have been completed in a given profession, not be totaled, for admission to these benefits, that the periods of insurance completed or recognized equivalent in the same occupation in the other Contracting State.
3. where the legislation of either of the two Contracting States granting certain benefits provided that periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the liquidation of the benefits provided by the scheme for the Argentina and the general scheme of employees for the Belgium.
Article 12 calculation of benefits 1. Where the person meets the conditions required by the legislation of one of the two Contracting States to qualify for benefits without any need for the aggregation, the competent institution of the State concerned calculates the right to delivery directly on basis of periods of insurance completed in that Contracting State and only according to its own legislation.
This institution is also the calculation of the amount of the benefit that would be obtained by application of the rules laid down in paragraph 2 of this article. The highest amount is only retained.
With regard to the Belgium, this paragraph is only applicable to benefits for old age and survival.
2. If a person can claim a benefit to which she is entitled only in light of the aggregation of periods in accordance with article 11, the following rules apply: a) the concerned competent institution shall calculate 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 only under the legislation which it administers;
(b) the competent institution concerned then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
3. the mere fact that this Convention is applicable cannot have the effect of reducing the rights of the person concerned.
Article 13 Determination of invalidity 1. For the determination of the reduction of working capacity for the purposes of grant of the corresponding disability benefits, the competent institution of each of the Contracting States carried out its evaluation in accordance with the legislation which it administers.
2. for the purposes of application of the provisions of paragraph 1 above, the competent institution of the Contracting State on whose territory the applicant resides puts at the disposal of the competent institution of the other State, at its request and free of charge, medical documents and reports that it has in its possession.
3 at the request of the competent institution of the Contracting State of which it is made application of the legislation, the competent institution of the Contracting State on whose territory the applicant resides conducts medical examinations necessary for the evaluation of the situation of the applicant. Medical examinations that fall within the sole interest of the first above-mentioned institution are fully supported by it, in the manner set out in the administrative arrangement provided for in article 19.
Article 14 new calculation of benefits 1. If, due to the increase in the cost of the
life, the level change salaries or other reasons for adjustment, old-age benefits, survival or disability of one of the Contracting States are altered by a percentage or amount determined, the other Contracting State shall not proceed with a new calculation of old-age benefits, of survival and disability.
2 However, in the case of changing the mode of establishment or to the rules of calculation of disability, old age, and survival benefits, a recalculation is made in accordance with articles 12 or 16.
Chapter 2 APPLICATION the LEGISLATION Belgian Article 15 to the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 11 shall apply by analogy.
Article 16 1. If the right to Belgian disability benefits is only open by aggregation of insurance periods Argentine and Belgian made in accordance with article 15, the amount of the benefit payable shall be determined following the rules laid down by article 12, paragraph 2.
2. where the right to Belgian disability benefits is open without any need to draw upon the provisions of article 15, and that the amount resulting from the addition of the argentine delivery and the Belgian benefit calculated according to paragraph 1 of the present article, is less than the amount of the benefit payable based on Belgian legislation only the competent Belgian institution allocates a supplement equal to the difference between the sum of the two abovementioned benefits and the amount due under Belgian legislation only.
Article 17 Notwithstanding the provisions of article 15, in the cases referred to in article 16, paragraph 1, any disability benefit is due by the Belgium when insurance periods completed under its legislation, prior to the materialisation of the risk, do not, as a whole, a year.
Article 18 by way of derogation from article 5 of this Convention, the holder of a disability benefit for the Belgian legislation retains the benefit of this provision during a stay in the other State, when this stay has been previously authorized by the competent Belgian institution. However, this authorization may be refused where the residence is located in the period during which, under Belgian legislation, the competent Belgian institution must conduct an evaluation or review of the degree of invalidity.
Title IV miscellaneous provisions Article 19 Missions of the competent authorities the competent authorities: has) take, by administrative arrangement, the measures necessary for the implementation of this Convention and shall designate liaison bodies and institutions;
(b) define the mutual administrative assistance procedures, including the apportionment of the expenses related to obtaining 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) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 20 administrative cooperation 1. For the purposes of this Convention, the competent authorities and competent institutions of each of the Contracting States reciprocally lend 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 expenses.
2. the benefit of the exemptions or reductions of fees, stamp, registry or registration rights provided for by the legislation of one of the Contracting States for documents required to be produced in application of the legislation of that State, is extended to similar documents required to be produced in application of the legislation of the other State and coins.
3. all acts and documents to be produced in application of the present Convention shall be exempt from authentication by diplomatic or consular authorities.
4. for the application of this Convention, the competent authorities and the liaison of the contracting bodies are authorized to correspond directly with each other. Correspondence can be done in one of the official languages of the Contracting States.
Section 21 Communication of personal data 1. The institutions of the two Contracting States are allowed to communicate, for the purposes of the application of this agreement, personal data, including data relating to the incomes of the people whose knowledge is necessary for the institution of a Contracting State, for the purposes of social security or social assistance legislation.
2. the communication by the institution of a Contracting State to personal data is subject to compliance with legislation on the protection of the data of that Contracting State.
3. the preservation, processing or dissemination of personal data by the institution of the State Contracting with which they are provided are subject to legislation on the protection of the data of that Contracting State.
4. the data referred to in this article may not be used for any purpose other than the application of the laws relating to social security or social assistance.
Article 22 applications, declarations and use claims, declarations or appeals which should be introduced, according to the legislation of a Contracting State, within a specified period to an authority, a body or a Court of this State shall be admissible if they are introduced within the same period to an authority, a body or a Court of the other Contracting State. In this case, the authority, the agency or the Court so seized shall without delay send these requests, declarations or appeals to authority, the body or the jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date to which such claims, declarations or appeals were introduced to an authority, a body or a Court of the other Contracting State is considered as the date of submission to the authority, the organization or the competent court to learn.
An application or document may be rejected because it is written in an official language of the other Contracting State.
Article 23 payment of benefits receivable benefits under this Convention bodies validly pay them in the currency of their State.
Transfers resulting from the application of the present Convention are held in accordance with the agreements in force on this matter between the two Contracting States.
The provisions of the legislation of a State Contracting monitoring Exchange cannot impede the free transfer of the financial amounts resulting from the application of this Convention.
Article 24 settlement of disputes disputes relating to the interpretation and execution of this agreement will be resolved, to the extent possible, by the competent authorities.
Article 25 implementing Procedures 1. Enforceable decisions rendered by a Court of one of the Contracting States, as well as binding acts rendered by the authority or the imposition of one of the Contracting States concerning contributions or contributions for social security and other requests, including recovery of undue benefits, are recognized on the territory of the other Contracting State.
2. recognition may be refused only where it is incompatible with the legal principles of the Contracting State on whose territory the decision or action must be run.
3. the procedure for enforcement of judgments and final become acts must be in accordance with the legislation governing the enforcement of such decisions and acts of the Contracting State on the territory of which the performance takes place. The decision or act is accompanied by a certificate attesting to its enforceability.
4. the contributions and contributions have, in proceedings of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, the same ranking as equivalent claims in the territory of that Contracting State.
5. claims to be the subject of a recovery or a forced recovery are protected by the same guarantees and privileges as claims of a similar nature of an institution located in the territory of the Contracting State on which the recovery or the forced recovery occurs.
Article 26 recovery of undue payments when the institution of one of the States paid to a recipient of benefits a sum which exceeds that to which he is entitled, that institution may, under the conditions and limits laid down by the legislation which it administers, request the institution of the other debtor of benefits for the beneficiary State, withhold the overpayment on the amounts which it pays recipient audit. The latter institution make the deduction under the conditions and limits provided for such setting-off by the legislation which it administers as if he were overpayments by itself, and shall transfer the amount deducted to the creditor institution.
Article 27 Cooperation in the fight against fraud in addition to the implementation of the General principles of administrative cooperation, the competent authorities shall agree, in an administrative arrangement of the terms
According to which they lend their contest to combat fraud that transcend the boundaries of a Contracting State for contributions and social security benefits, in particular for what concerns the actual residence of persons, the assessment of resources, the calculation of the contributions and the overlapping of benefits.
Title V provisions transitional and final Article 28 contingencies prior to the entry into force of the Convention 1. This Convention also applies to contingencies is conducted prior to its entry into force.
2. this Convention does not right open for the payment of benefits for a period prior to its entry into force.
3. any period of insurance completed under the legislation of a Contracting State before the date of entry into force of the Convention is taken into account for the determination of the entitlement to a benefit granted in accordance with the provisions of the Convention.
4. this Convention does not apply to rights which had been liquidated on a final basis by the granting of a lump sum or the reimbursement of contributions.
Article 29 Revision, prescription, forfeiture 1. Any benefit which has not been awarded or which has been suspended because of the nationality of the concerned or due to his residence in the territory of the Contracting State other than that where the debtor organization is, at the request of the person concerned, awarded or reinstated from the entry into force of this Convention.
2. the rights of the persons concerned having obtained prior to the entry into force of the said Convention, the liquidation of a benefit or an annuity, are revised at their request, taking into account the provisions of the Convention. Under no circumstances, such a revision must have reduced the earlier rights of the persons concerned.
3. If the request referred to in paragraphs 1 or 2 of the present article is presented within a period of two years from the date of entry into force of this Convention, rights in accordance with the provisions of the Convention are acquired from this date, without the provisions of the legislation of one or the other State Contracting relating to the forfeiture or the prescription of rights, are prejudicial to the persons concerned.
4. If the request referred to in paragraphs 1 or 2 of this article is submitted after the expiry of a period of two years following the entry into force of this Convention, the rights which are not stricken forfeited or which are not prescribed are acquired from the date of the application, subject to more favourable provisions of the legislation of the Contracting State concerned.
Article 30 during this Convention 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 Contracting State, with a twelve month notice period.
Article 31 warranty of acquired rights, or by way of acquisition in the event of denunciation of this Convention, the rights and benefits acquired under the Convention will be maintained. The Contracting States will take arrangements in relation to the rights in the process of acquisition.
Article 32 entry into force this Convention shall be ratified in accordance with the internal legislation of each of the Contracting States. It comes into force the first day of the third month following the date on which both Contracting States have exchanged, through diplomatic channel, the instruments of ratification.
IN witness whereof, the undersigned, duly authorized, have signed the present Convention.
MADE in Buenos Aires, March 3, 2010, in duplicate, in languages, French, Spanish and Dutch, the three texts being equally authentic.