Posted the: 2015-11-20 Numac: 2013015025 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 7, 2012. -Law concerning consent to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic for the development of cooperation and the mutual administrative support social security, in Paris on November 17, 2008 (1) (2) (3) ALBERT II, King of the Belgians, has 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 agreement between the Government of the Kingdom of Belgium and the Government of the French Republic for the development of cooperation and the mutual administrative support social security, done at Paris on 17 November 2008, will release its 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, September 7, 2012.
ALBERT by the King: the Prime Minister, E. DI RUPO the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE. the Secretary of State for the fight against social and fiscal fraud J. CROMBEZ sealed with the seal of the State: the Minister of Justice Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Documents: Bill filed April 18, 2012, no. 5 - 1577/1.
Report on behalf of the Committee No. 5-1577/2.
Parliamentary Annals Discussion, meeting of June 7, 2012.
Vote, meeting of June 7, 2012.
Room Documents draft transmitted by the Senate, no. 53-2250/1.
Report on behalf of the Committee No. 53-2250/2.
Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 2250/3.
Parliamentary Annals Discussion, meeting of July 5, 2012.
Vote, meeting of July 5, 2012.
(2) see Decree of the Flemish Community of 29/11/2013 (Moniteur belge of 17/01/2014), Decree of the French community of 13/12/2012 (Moniteur belge of 01/02/2013), Decree of DG Belgiens of 06/05/2014) (Moniteur belge of 18 / 07 / 2014), Decree of the Walloon from 17 / 01 / 2013 (Moniteur belge of 02/05/2013) Community Board order in the 02/07/2015 (Moniteur belge of 10/07/2015).
(3) date of entry into force: 01/12/2015 (art. 27).
Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic for the development of cooperation and mutual administrative assistance in social security.
THE Government of the Kingdom of Belgium and the Government of the French Republic, hereinafter referred to as the Contracting Parties;
Desiring to develop between their authorities, institutions and bodies social security, cooperation deepened to ensure, inter alia, a better application of the Community rules, in particular the provisions of Regulation (EEC) No 1408/71 of the Council, of 14 June 1971, on the application of the social security schemes to employed persons, self-employed persons and members of their families moving within the community , Regulation (EEC) No 1408/71, as well as at the time of his application the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
IN the context of guaranteeing the free movement and the right of insured persons, to safeguard the sustainability of social security systems;
HAVING the desire to strengthen and update the functional cooperation in the light of the development of technologies and databases intervened in the management of social security;
Wishing to prevent fraud and the risk of error, and ensure that people receive the benefits to which they are actually right.
COMPLYING with the provisions of ' article 8 of Regulation (EEC) No 1408/71, which provides that two States members of the 'European Union may conclude between themselves, if necessary, agreements based on the principles and I' spirit of the said regulation;
WISHING also to implement, for respect, resolution (1999/C125/01) the Council and the representatives of the Governments of the Member States, meeting within the Council of 22 April 1999 on a code of conduct for improved cooperation between authorities of the Member States in the fight against transnational fraud benefits and security contributions social and undeclared work , and concerning the transnational hiring-out of workers, have agreed as follows: title I:. -General provisions Article 1 Definitions § 1.
For the purposes of I'application of this agreement: a. 'regulation' means Regulation (EEC) No 1408/71 of the Council 14 June 1971 relating to I 'implementation of the social security schemes to employed persons, self-employed persons and members of their families who move to I' within the community, as well as at the time of its application, Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems;
b. 'implementing regulation' means Regulation (EEC) No 574/72 of the Council of 21 March 1972 laying down detailed rules for the application of Regulation (EEC) No 1408/71 relating to I 'implementation of the social security schemes to employed persons, self-employed persons and members of their families who move to I' within the community, as well as its application , the regulation laying down detailed rules for the application of Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems;
c. the term "liaison body" means the body or bodies referred to in paragraph 4 of article 4 of Regulation (EEC) No 574/72 of the Council 21 March 1972, laying down the procedures for the application of Regulation (EEC) No 1408/71 on the application of social security to workers schemes employed persons, to self-employed persons and to members of their families moving within the community , as well as at the time of its application, the regulation laying down detailed rules for the application of Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems.
2. For the purposes of this agreement, the terms 'competent authority', 'institution' and 'competent institution' means, in addition to the authorities and the institutions defined as such by regulation: a. as competent authority, the Ministry responsible for I'application of the regulations to the benefits referred to in article 3;
as institutions or institutions, the bodies responsible for the collection of contributions and contributions from social security, as well as agencies of the payment and the recovery of benefits referred to in article 3.
3. Other terms and expressions used in this agreement have the meanings assigned to them respectively in regulation, the implementing regulation or in national law, as applicable.
Article 2 personal scope this Agreement shall apply to persons within the personal scope of the regulations as well as the eligible persons to a benefit referred to in article 3, § 2, of this agreement.
Article 3 scope of application material § 1. This agreement applies to services within the material scope of the regulation.
§ 2. II also applies to legal, non-contributory benefits subject to conditions of resources, which are allocated to persons in need and not covered by paragraph 1 of this article.
3. The benefits referred to in paragraph 2 of this article are nominally mentioned in the administrative arrangement. This list is updated if necessary, by the simple exchange of letters between competent authorities.
Article 4 territorial field of application the territories covered by the provisions of this agreement are:-in case of the French Republic, the territory of metropolitan departments and overseas of the French Republic, and the territorial sea, and beyond, the spaces on which by virtue of international law, the French Republic exercises sovereign rights or jurisdiction;
-as regards the Kingdom of Belgium, the Belgium territory.
TITLE II. -PRINCIPLES General DE LA COOPERATION Article 5 operation of mutual administrative assistance § 1. Any competent institution of one of the Contracting Parties may enter an institution of I 'another Contracting Party either directly by I' through the liaison body, a request for information or intelligence for processing and regulation of a dossier which it is responsible.
2. The institution seized by an institution of the other Contracting Party of a request for information respond as soon as possible, and in any event no later than within three months.
3. In the case where the first institution demand an urgent response to questions on specific points and factual data indicating the reasons for the urgency, I' before institution strives to respond within the time specified.
Responses to duly justified urgent requests must be forwarded within the time limit stipulated in the conventions provided for in article 22.
Article 6 Transmission and reconciliations of files § 1. The institution
a Contracting Party may apply to a competent institution of the other Contracting Party or has any other body designated by it to transmit files for the purpose to explore, reconcile them, exploit them, extract data and use by any automated or semi-automated process.
§ 2. The request of the competent institution referred to in paragraph 1 of this article, is carried to the finding of fraud, abuse and error in the benefits, premiums and coverage, and includes the control and verification of the vital, the residence, the appreciation of the resources, the exercise or not a professional activity or the composition of the family , of the existence of a provision to prevent the undue cumulation as provided for in titles III and IV.
§ 3. Any operation carried out in the context of this article respects the principles of purpose, proportionality and the provisions laid down in article 7.
§ 4. The institution application referred to in paragraph 1 shall forward the files requested on the date or at the frequency agreed between the two institutions.
Article 7 Communication of personal data § 1. For the purposes of the application of this agreement, the institutions of the two Contracting Parties are allowed to communicate with personal data, including data on revenues of people whose knowledge is necessary, under their legislation, to the recovery of amounts owed to the institution of one of the Contracting Parties, to the fixing of the amount of contributions or contributions , and eligibility for the granting of benefits referred to in article 3.
§ 2. The communication of personal data by the institution of a Contracting Party is subject to compliance with legislation on the protection of the data of that Contracting Party, and where appropriate, in respect of the system of prior authorisation.
3. Conservation, processing or dissemination of personal data by the institution of the other Contracting Party, to which these data are disclosed, are subject to legislation on the protection of the data of that Contracting Party.
§ 4. The data referred to in this article are used exclusively for the purposes of the implementation of the respective laws of the Contracting Parties, including the rules relating to the determination of the applicable legislation and the rules relating to the verification, provided necessary, I 'eligibility of persons concerned to the benefits referred to in I' article 3.
§ 5. The information and documents submitted are subject to the regime for the protection of personal data in the territory of each Contracting Party, under national, international and community standards (and more specifically the directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of data personal and on the free movement of such data).
Article 8 Information on legislative and regulatory developments the competent authorities shall inform each other of direct and regularly essential changes in the legislative and regulatory provisions in the field of application of the present agreement of cooperation.
TITLE III. -COOPERATION in respect of benefits Article 9 affiliate and residence-related eligibility Conditions § 1. The institution of a Contracting Party to examine the conditions under which a person may qualify, due to his residence in the territory of the latter, either I 'affiliation to a social protection or I plan' granting of a benefit, can, if it I' considers it necessary, query I'institution of the other Contracting Party in order to ensure the reality of residence of that person in the territory of the I one to ' other Contracting Party.
§ 2. The respondent institution is required to provide relevant information at its disposal, and which are such as to enable the lifting of uncertainty about the quality of resident of the person concerned.
Article 10 resources Appreciation § 1. The competent institution of a Contracting Party whose legislation is applicable can, if it I' considers it necessary, examine an institution of I' another Contracting Party on resources and income of any nature which a person subject to that legislation and indebted to this title of contributions or contributions, is likely to benefit in the territory of the latter Contracting.
§ 2. The provisions of paragraph 1 shall apply in the same way when I' competent institution examines the right of a person for the benefit of a benefit provided resources.
Article 11 overlapping of benefits § 1. Any institution that examines the eligibility of a person to a benefit or provides the payment of a benefit may, if it I' considers it necessary, examine an institution I' other Contracting Parties in order to ensure than the person likely of benefit or receiving this benefit does not, collect in accordance with the legislation of the last Contracting Party, a benefit which cumulation with the first delivery is or would be prohibited.
2. The respondent institution is required to provide the information to confirm or deny the right to the first delivery.
Article 12 Determination of the right to the payment of social security benefits institutions of a Contracting Party may ask the institutions of the other Contracting Party on all other useful information than that provided for in the preceding articles, provided that such information is such as to enable them to ensure that social security benefits are actually due.
Article 13 audit during a delivery and its payment application § 1. ÷ the request of the competent institution of a Contracting Party which examine a request for delivery or must proceed to the payment, an institution of the other Contracting Party conducts any investigation necessary for verification of the right of the applicant to the referred provision. The seized institution verifies the information concerning the applicant or members of his family and passes as well as all other documents y related to the competent institution.
§ 2. The institution before it proceeds to the collection and verification of data in the same manner as it does for the consideration of a claim for benefits under the legislation which it administers.
§ 3. The information referred to in paragraph 1 include information relating to civil status and resources at the residence to which the granting of benefits is subject.
§ 4. When it is determined with certainty that benefits were improperly collected by persons whose domicile is or is supposed to be the territory of the other Contracting Party, this fact will be reported to the competent institution of the other Contracting Party. If in doubt, this fact will be reported to the institution designated by the other Contracting Party.
§ 5. Notwithstanding the provisions of paragraph 1, the institution of a Contracting Party may, without prior request, inform a competent institution of the other Contracting Party of any change in data transmitted under this article.
Article 14 refusal, suspension or withdrawal of benefits on the basis of the requested information and checks referred to in this agreement, a competent institution of a Contracting Party may refuse, suspend or delete a service.
TITLE IV. -COOPERATION in matters of liability Article 15 Verification of detachment conditions § 1. The Contracting Parties shall ensure the I' all of the conditions of the detachment, including all elements determining the legal nature of the employment relationship.
§ 2. Contracting Parties lay down in a convention rules of referral to relevant institutions and agencies for the purposes of verification of the elements on the basis of which are issued form E 101 and, where appropriate, on the basis of which are removed such forms.
These rules include the points on which must bear the checks, the maximum deadlines for replies of the institutions and agencies seized, and designation by each of the Contracting Parties of a conciliator to hear contentious situations before wearing the facts before the administrative commission on social security for migrant workers.
Article 16 Determination of the right to the recovery of contributions and social security contributions institutions and relevant control and inspection departments of a Contracting Party may ask the institutions of the other Contracting State or the agency designated by it any information enabling them to ascertain that contributions and/or social security contributions are actually due to the institution of that Contracting Party.
Article 17 exchange of statistical data the liaison bodies communicate annually statistical data pertaining to the detachments of workers on the territory of I' other Contracting Party. These transmissions are performed electronically.
Title V. - Collection of contributions and CONTRIBUTIONS unduly Article 18 implementing Procedures
§ 1. The recovery of contributions due to an institution of one of the Contracting Parties as well as the repetition of benefits unduly paid by the institution of one of the Contracting Parties can be operated in the other Contracting Party following the procedures and with the guarantees and privileges applicable to the recovery of contributions due to the corresponding institution of that last Contracting Party as well as the repetition of benefits improperly served by it.
§ 2. The binding decisions of the courts and administrative authorities concerning the recovery of contributions, interest and any other costs or the repetition of unduly benefits under the legislation of a Contracting Party are recognised and enforced at the request of the competent institution in the other Contracting Party, within the limits and according to the procedures laid down by the legislation and any other procedures that are applicable to similar of that last contracting decisions.
These decisions are declared enforceable in that Contracting Party insofar as the legislation and any other procedures of the said Contracting Party so require.
§ 3. In the case of compulsory execution, bankruptcy or composition, claims by the institution of a Contracting Party benefit, in the other party, identical to those privileges that the legislation of the latter grants to claims of the same nature.
§ 4. Detailed rules for the application of this article are addressed in an administrative arrangement.
TITLE VI. -COOPERATION in respect of controls Article 19 General principles of cooperation in controls the competent institutions of a Contracting Party to provide support to control actions carried out by the competent institutions of the other party. In this context, they can exchange agents for the purposes of gathering relevant information for the exercise of their monitoring mission. They shall give assistance in accordance with the laws applicable in the territory of each Contracting Party to determine the validity of documents and certificates, and to lend other forms of mutual assistance and collaboration.
Article 20 terms of controls § 1. As part of an inspection carried out by agents in the territory of one of the Contracting Parties, the agents of the other Contracting Party may be present during this control for the correct assessment of the contributions and/or contributions from social security, for the examination of the conditions of posting, for the verification of the accumulation of benefits as provided for in titles III and IV of this agreement , in accordance with the legislation in force in the territory where the checks are carried out.
§ 2. Officers of one of the Contracting Parties does not participate in the checks carried out on the territory of the other Contracting Party as an observer and must always be able to justify their quality.
3. The frequency of these checks, the staffing requirements for their good achievement and assessment of these arrangements are included in the conventions referred to in article 22 of title VII of this agreement.
TITLE VII. -MODALITIES of implementation Article 21 Administrative Arrangements § 1. The modalities of implementation of this agreement are governed by administrative arrangement between the competent authorities.
2. The modalities of implementation of electronic transfers and procedures y costs referred to in article 6 are settled in an administrative arrangement concluded between the competent authorities.
Article 22 Cooperation between competent institutions the competent institutions of the Contracting Parties may conclude cooperation agreements. These cooperation agreements relate the matters referred to in title III and IV and VI of this agreement, excluding the matters governed by administrative arrangements under article 21.
Article 23 the Commission joint and dispute resolution § 1. A joint Commission is created to ensure the follow-up of the agreement. The Joint Committee shall consist of the following members:-the Government of the Kingdom of Belgium, on behalf of the Minister of Social Affairs, the Chairman of the Committee of direction of the FPS social security or employee (s);
on behalf of the public social security Institutions, the College of heads will designate representatives;
-for the Government of the French Republic, the representative of the competent authorities.
§ 2. The Joint Committee shall meet at the request of the competent authorities of one of the Contracting Parties.
§ 3. An administrative arrangement regulates the terms and conditions of organization and functioning of the Joint Commission.
§ 4. Where the dispute arising from the interpretation or implementation of this agreement could be settled by the joint commission, the competent authorities of the two Contracting Parties will endeavour to resolve it amicably.
TITLE VIII. (- Provisions transitional and concluding Article 24 Clause adaptability the clauses of this Agreement shall continue to apply insofar as they do not affect the provisions of the regulations as defined in article 1, paragraph 1 (a)), in case of modification of the latter.
Article 25 duration this agreement is concluded for an indefinite period. It may be denounced by one of the Contracting Parties.
The denunciation shall be notified through diplomatic channels; in this case, the agreement ceases to have effect at the expiration of twelve months from the date of the termination.
Article 26 repeal the agreement between the Kingdom of Belgium and the French Republic concluded pursuant to article 92 of Regulation No 1408/71 of the Council of the Community European economic of 14 June 1971 on social security for migrant workers, and annex, signed in Paris on October 3, 1977, is repealed.
Article 27 entry into force the Contracting Parties shall notify, through diplomatic channels, the completion of their constitutional and legal procedures, required for the entry into force of this agreement. This agreement shall enter into force the first day of the third month following the date of the last notification.
IN witness whereof, the undersigned, duly authorized, have signed this agreement.
DONE at Paris, November 17, 2008, in duplicate, in Dutch and French, both texts being equally authentic.