Law Approving The Convention On Social Security Between The Kingdom Of Belgium And The Republic Of Moldova, Done At Brussels On 12 September 2012 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République de Moldova, faite à Bruxelles le 12 septembre 2012 (1) (2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015015178&caller=list&article_lang=F&row_id=100&numero=169&pub_date=2015-12-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-22 Numac: 2015015178 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE 8 September 2015. -Law concerning consent to the Convention on social security between the Kingdom of Belgium and the Republic of Moldova, done at Brussels on 12 September 2012 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
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.
S. 2. the Convention on social security between the Kingdom of Belgium and the Republic of Moldova, done at Brussels on 12 September 2012, will release its full and complete effect: art. 3. the amendments to the provisions of articles 7 to 10 of the Convention, provided for in article 11 of the Convention, will release their full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 8 September 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs D. REYNDERS, Minister of Social Affairs, Mrs M. DE BLOCK Minister of Pensions, D. Babu sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be): Documents: complete record 54-1081: 02/07/2015 (2) Date of entry into force: 1 January 2016.

Convention on social security between the Kingdom of Belgium and the Republic of Moldova the Kingdom of Belgium and the Republic of Moldova, animated by the desire to settle the mutual relations between the two States in the field of social security, have decided to conclude a Convention for this purpose and have agreed as follows: title I:. -Provisions General Article 1 Definitions 1. For the purposes of this Convention, the following terms mean: (a) "Belgium": the Kingdom of Belgium;
"Moldova": the Republic of Moldova.
(b) "national": in relation to the Belgium: a person who has the Belgian nationality.
with regard to Moldova: a person considered a national in accordance with the Moldovan legislation.
(c) ' law': the laws and regulations referred to in article 2.
(d) ' competent authority': the Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1 of the present Convention.
(e) "organization": the institution, organization or authority to apply, in whole or in part, the laws referred to in article 2, paragraph 1 of the present Convention.
(f) "competent authority": the body that has the financial burden of benefits.
(g) "insurance period": any period recognized as periods of insurance by the legislation under which this period has been completed, as well as any period treated as an insurance period and recognized by this legislation.
(h) "Insured person": any person who meets the conditions required by the legislation of the relevant Contracting State to be entitled to benefits given to the provisions of this Convention.
(i) "delivery": any pension, any cash benefit provided for by the legislation of each Contracting State, including any supplements or increases which are applicable under the laws referred to in article 2 of this Convention.
(j) ' member of the family': any person defined or recognized as a member of the family or designated as a member of the household by the legislation of the Contracting State which has the cost benefits.
(k) "Residence": the habitual residence.
(l) "stay": temporary stay.
2. any term used in this agreement, not defined in paragraph 1 of this article, has the meaning assigned to it by legislation which applies.
Article 2 scope 1. This Convention applies: has) with regard to Belgium, to the legislation concerning: (i) to benefits relating to accidents at work and occupational diseases;
(ii) to the pensions and survival of employees;
(iii) concerning the invalidity of salaried workers and sailors from the Navy market;
and, with regard to title II only, to the legislation concerning: (iv) social security of employees;
(b) with regard to Moldova, to the social insurance of State legislation governing the: (i) old age pensions;
(ii) pensions for invalidity caused by General diseases;
(iii) pensions and allowances for disability caused by accidents of work or occupational diseases;
(iv) survivor's pensions;
and, with regard to title II only, to the legislation concerning: (v) social insurance for employees.
2. this Convention shall also apply to laws which amend or supplement the laws listed in paragraph 1 of this article.
3. this Convention shall apply to laws which extend those referred to in paragraph 1 of this article to new categories of beneficiaries if there is not, in this regard, opposition State Contracting which amends its legislation, notified to the other Contracting State within a period of six months from the publication official said laws.
4. the Convention is not applicable to the legislation establishing a new branch of social security, unless an agreement is reached between the competent authorities of the Contracting States.
Article 3 scope of application personal unless provided otherwise, this Convention applies to persons who are subjected to the legislation of one or both Contracting States as well as any other person whose rights derived from the mentioned above.
Article 4 equality of treatment unless otherwise specified in this Convention, the persons referred to in article 3 of the Convention 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 export of benefits l. Unless this agreement provides otherwise, benefits disability, accident of labour and occupational diseases as well as those relating to acquired retirement and survival pensions under the legislation of one of the Contracting States, may be suspended or deleted, nor suffer any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. benefits of retirement and survival, accidents at work and occupational diseases under the legislation of one of the Contracting States are 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.
Article 6 provisions concerning reduction, suspension or withdrawal 1. The clauses for reduction, suspension or abolition provided for by the legislation of a Contracting State, in the case of overlapping of a benefit with some other social security benefits or other income by reason of the exercise of a professional activity, are opposable to the beneficiaries, even if it benefits acquired under a regime of the other Contracting State or if it is income from a professional activity in the territory of the other Contracting State.
2. However, the provisions of paragraph 1 shall not apply to the cumulation of benefits of the same nature calculated in proportion to the duration of the periods completed in the two Contracting States.
TITLE II. -Provisions determining the applicable law Article 7 General rules 1. Subject to articles 8 to 11 of the present Convention, the applicable law is determined in accordance with the following provisions: a) the person exercising a professional activity in the territory of a Contracting State is subject to the legislation of that State, regardless of the State in which his employer has its headquarters.
(b) the person who is part of the travelling staff or browsing of an undertaking, for hire or reward or for its own account, international transport of passengers or goods by ways railway, road, air or inland and has its headquarters on 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.
(c) a person who exercises a professional activity in sea on board a vessel flying the flag of a Contracting State, is subject to the legislation of the State where he has his residence.
2. the person exercising simultaneously gainfully employed in the territory of the two Contracting States is subject to the legislation of the Contracting State on whose territory she resides. For the fixing of the amount of the revenue to be taken into consideration for the contributions payable under the legislation of that Contracting State, regard professional income of employee carried out on the territory of the two Contracting States, depending on their respective legislation.
Article 8 specific rules 1. Self-employed person who, being in the service of a company

with the territory of one of the Contracting States where it is normally is posted by this company on the territory of the other Contracting State to undertake work for the account of, remains subject 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 more than not twenty-four months and that he is not sent to replace a another person received at the end of the period of secondment. The family members who accompany the employee are subject to the legislation of first Contracting State unless they carry out professional activities.
2. where the secondment referred to in paragraph 1 of the present article continues beyond twenty-four months, the competent authorities of both Contracting States or the bodies designated by these 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 to 24 months.
3. paragraph 1 of the present article applies when a person, after having been sent by his employer from the territory of a Contracting State to 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.
Article 9 officers and related occupations of a Contracting State officials who are posted to the territory of the other Contracting State to exercise their activity, remain, as well as their family members who are not themselves a professional activity, subject to the legislation of the first Contracting State.
Article 10 members of diplomatic missions and consular posts this Convention may infringe the provisions of the Vienna Convention on diplomatic relations of 18 April 1961 or of the Vienna Convention on consular relations of 24 April 1963.
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, provided that the persons concerned are subject to the legislation of one of the Contracting States.
TITLE III. -Special provisions concerning benefits Chapter 1.
-Accidents at work and occupational diseases Article 12 taking into consideration accidents at work and occupational diseases if the legislation of a State contractor provides explicitly or implicitly that work accidents or occupational diseases which occurred previously are taken into consideration in assessing the degree of incapacity for work, work accidents and occupational diseases which occurred previously under the legislation of the other Contracting State shall be deemed that occurred under the legislation of the first State.
Article 13 establishment of occupational disease 1. When the victim of an occupational disease pursued an activity likely to cause the disease under the legislation of both Contracting States, the benefits to which such person or his survivors may claim are granted exclusively to under the legislation of the Contracting State on the territory of which this activity has been exercised last and subject that the person concerned meets the conditions provided for by this legislation taking into account, where appropriate, to the provisions of paragraph 2.
2. where the granting of benefits of occupational disease in respect of the legislation of a Contracting State shall be subject to the condition that the disease in question has been noted clinically for the first time on its territory, that condition is deemed satisfied when said disease was detected for the first time on the territory of the other Contracting State.
3. If the granting of 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 in question has been exercised for a period of time, the body competent State takes into account, to the extent necessary, periods during which such activity was exercised under the legislation of the other Contracting State as if it had been taken under the legislation of the first Contracting State.
Article 14 Aggravation of the illness when, in the event of aggravation of an occupational disease, the insured person who is or who has received a benefit for occupational disease under the legislation of one of the Contracting States argued, for illness of the same kind, rights to benefits under the legislation of the other Contracting State (, the following rules shall apply: a) if the person has not exercised in the territory of that other Contracting State a job likely to cause the occupational disease or make worse it, the competent authority of the first Contracting State is required to meet the cost of benefits, taking into account the aggravation under the legislation which it administers;
(b) if the person has exercised on the territory of that other Contracting State such employment, the competent authority of the first Contracting State shall meet the cost of benefits, not account the aggravation under the legislation which it administers; the competent body of the second Contracting State grants to the person a benefit whose amount is determined according to the legislation of that Contracting State and that 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.
CHAPTER 2. -Old-age benefits, of survival and disability Section 1st. -Provisions relating to benefits for old age and survival section 15 totalization of insurance periods 1. Subject to the provisions of paragraph 2, the insurance periods and periods treated as such completed under the legislation of one of the Contracting States relating to pension insurance, shall be aggregated as necessary, on condition that they do not 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.
2. where the legislation of one of the 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 assimilated into the same profession in another State Contracting.
3 where the legislation of one of the Contracting States the granting of 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 fixing of benefits under the general system of the salaried workers.
4. where, notwithstanding the application of paragraph 1, the person does not meet the conditions for open the right to benefits, periods of insurance completed under the legislation of a third State with which both Contracting States are linked, each in relation to, are totaled by a social security agreement providing for the aggregation of periods of insurance.
5. when one of the Contracting States is bound to a third State in a social security convention which applies to this person, the periods of insurance completed under the legislation of that third State are totaled by the only Contracting State associated with that third State.
Article 16 calculating benefits for 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 any need for aggregation, the body competent State calculates the amount of the benefit directly on basis of insurance periods completed in that State and according to its legislation only.
(This organization proceeded also to the calculation of the amount of the benefit that would be obtained by application of the rules laid down in paragraph 2, points a) and b). The highest amount is only retained.
2. If a person is 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 effected in accordance with article 15 of this Convention, the following rules apply: a) the competent body of the State 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 fulfilled only under the legislation which it administers;
(b) this organization then calculated the amount owing, on the basis of the amount referred to in point), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of all insurance periods recorded under item a).
Section 2. -Provisions relating to invalidity benefits Article 17 totalization of insurance periods for the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 15 of the Convention are

apply by analogy.
Article 18 calculation of invalidity benefits 1.
If the right to invalidity benefits under the legislation of one of the two Contracting States to is open only by aggregation of periods of insurance completed in the two Contracting States, carried out in accordance with article 17 of the Convention, the amount of the benefit payable is determined by the rules laid down by article 16, paragraph 2, of this Convention.
2. without prejudice to the provisions of article 6 of the Convention, the Belgian competent authority allocates a supplement provided: has) the right to invalidity benefits Belgian is open without requiring to use the provisions of article 17 of the Convention;
(b) and that the amount resulting from the addition of the two Contracting States benefits calculated in accordance with paragraph 1 of this article, is less than the amount of the benefit due on basis of Belgian legislation only.
This supplement is equal to the difference between the amount referred to in point (b)) and the amount due under Belgian legislation only.
Article 19 disability benefits during a stay the holder of a disability benefit for the Belgian legislation retains the benefit of this provision during a stay in Moldova, when this stay has been previously authorized by the Belgian competent body. However, this authorization may be refused where the residence is located in the period during which, under Belgian law, the Belgian competent body must conduct an evaluation or review of the degree of invalidity.
Section 3. -Provisions common to old-age benefits, of survival and disability section 20 insurance periods less than one year notwithstanding the provisions of articles 15 and 17 of this Convention, in the situations referred to in articles 16 (2) and 18 paragraph 1, no disability, retirement or survival benefit is granted by the competent authority of one Contracting State when periods of total insurance completed under its legislation sequel to the materialisation of the risk, are less than a year.
Article 21 possible recalculation of benefits 1. If, due to the increase in the cost of living, the variation in the level of wages or other reasons for adjustment, the benefits of old age, survival and disability benefits granted under the legislation of one of the two Contracting States are altered by a percentage or amount determined, the competent agency of the other Contracting State is not required to proceed to a new calculation of the said benefits.
2. in the event of a change in the mode of establishment or to the rules of calculation of disability, old age, and survival benefits, a new calculation of benefits is made pursuant to section 16 or 18 of this Convention.
This rule will have no effect on benefits already paid at the time of the entry into force of the amendment.
TITLE IV. (-Provisions various Article 22 responsibilities of the competent authorities the competent authorities: has) determine, by administrative arrangement, the measures necessary for the implementation of this Convention and shall designate liaison bodies and relevant agencies;
(b) define the procedures for mutual administrative assistance including payment expenses associated with 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 23 administrative co-operation 1.
For the purposes of this Convention, the competent authorities and the competent bodies 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 Contracting 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, liaison bodies, as well as the bodies of the Contracting States are entitled to correspond directly between them and with anyone, regardless of residence. Correspondence can be done in one of the official languages of the Contracting States.
Article 24 applications, statements and appeals 1. 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 that Contracting State, are 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, body or jurisdiction competent of the first Contracting State.
2. an application or document may be rejected because it is written in an official language of the other Contracting State.
Article 25 disclosure of personal data 1. The bodies of the two Contracting States are allowed to communicate, for the purposes of the application of this Convention, of personal data, including data relating to the incomes of the people whose knowledge is essential to the Agency of a Contracting State for the purposes of social security legislation.
2. the communication by the Agency of a Contracting State to personal data is subject to legislation on the protection of the data of that Contracting State.
3. the preservation, processing or dissemination of personal data by the body 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 implementation of the laws relating to social security.
Article 26 payment of benefits 1. Relevant bodies, debtors of benefits under this Convention, will duly release in the currency of their State.
2. the financial transfers resulting from the application of this Convention are held in accordance with the agreements in force on this matter between the two Contracting States.
3. the laws of a State Contracting monitoring Exchange may impede the free transfer of the financial amounts resulting from the application of this Convention.
Article 27 recognition of decisions and enforceable documents 1. Enforceable decisions rendered by a Court of one of the Contracting States, as well as binding acts rendered by the competent authority or a body of one of the States Contracting, related to social security contributions and other requests for social security are recognized on the territory of the other Contracting State.
2. recognition may be refused only where it is incompatible with the legal principles or the public policy 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 social security contributions payable to an agency of one of the Contracting States have, under a procedure 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 benefit from the same treatment that claims of the same nature of a body located in the territory of the Contracting State in which the recovery or the forced recovery occurs.
Article 28 settlement of disputes disputes relating to the interpretation and application of this Convention shall be settled by negotiation between the competent authorities.
Article 29 undue payments 1.
If the body of a State contractor paid to the recipient of benefits a sum in excess of that to which he is entitled, this organization may request, under the conditions and within the limits of the legislation

that it applies to the Agency of the other Contracting State, when debtor of a corresponding benefit in favour of the beneficiary, to withhold the overpayment on the arrears owed recipient audit callbacks. The body of the other Contracting State make the deduction under the conditions and limits where such compensation is authorized by the legislation which it administers, as if he were people who were served by itself, and shall transfer the amount so deducted to the creditor Agency of the first Contracting State.
Detailed rules for the application of this provision will be adopted by mutual agreement between the competent Belgian and Moldovan.
2. If the amount paid in too may not be retained on the arrears reminders, the Agency of a Contracting State which has paid to a recipient of benefits a sum to which he was not entitled may, under the conditions and limits laid down by the legislation which it applies, ask the Agency of the other Contracting State, paying benefits to that beneficiary to withhold such amount on the amounts they pay recipient audit.
The body of the other Contracting State make the deduction under the conditions and limits where such compensation is authorized by the legislation which it administers, as if he were people who were served by itself, and shall transfer the amount so deducted to the creditor Agency of the first Contracting State.
Article 30 co-operation 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, detailed rules according to which they lend their contest to combat cross-border fraud relating to contributions and social security benefits, in particular with regard to the actual place of residence of persons the appreciation of the resources, the calculation of the contributions and the overlapping of benefits.
Title V. - Transitional provisions and final section 31 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. the present Convention no right to 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 present Convention is taken into account for the determination of the entitlement to a benefit opening in accordance with the provisions of this Convention.
4. this Convention does not apply to rights which had been liquidated by the payment of a lump sum or the reimbursement of contributions.
Article 32 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 competent body, at the request of the person concerned awarded or reinstated from the date of entry into force of this Convention.
2. the rights of the persons concerned having obtained prior to the entry into force of this Convention, the liquidation of a benefit or an annuity, are revised at their request, in light of the provisions of this Convention. In no case such revision can have the effect of reducing 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, the rights in accordance with the provisions of this Convention are acquired from this date, without the legislation of one or the other State Contracting, relating to forfeiture or limitation of rights , be enforceable against the parties concerned.
4. If the request referred to in paragraphs 1 or 2 of the present article is submitted after the expiry of a period of two years following the date of entry into force of this convention, the rights are acquired from the date of the application subject to more favourable provisions of the legislation of the Contracting State in question.
Article 33 duration of the Convention and guarantee of acquired rights or in the process of acquiring 1. This Convention is concluded for an indefinite period.
2 each Contracting State may denounce this Convention by written notification through diplomatic channels to the other State Contracting with a twelve month notice period.
3. 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 34 entry into force this Convention shall enter into force the first day of the third month following the date of receipt of the note by which the last of the two Contracting States will be served to the other Contracting State that the formalities legally required for the entry into force of this Convention have been completed.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done in Brussels, on September 12, 2012, in duplicate, in French, Dutch and Moldovan, all texts being equally authentic.