Posted the: 2015-09-21 Numac: 2014015240 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 26 January 2014. -Law concerning consent to the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands for the development of cooperation and the mutual administrative support social security, done at Brussels on 6 December 2010 (1) (2) (3) PHILIPPE, 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.
2. the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands for the development of cooperation and the mutual administrative support social security, done at Brussels on 6 December 2010, 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 on January 26, 2014.
PHILIPPE by the King: the Prime Minister, Elio DI RUPO Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS, 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. 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) Senate (www.senate.be): Documents: 5-1654 - annals of the Senate: 07-12-2012 House of representatives (www.lachambre.be): Documents: 53-2364 - full report: 07-19-2012 (2) see the Decree of the Flemish community in November 29, 2013 (Moniteur belge of 17 January 2014 - ed. 2), the Decree of the French community of December 13, 2012 (Moniteur belge of 1 February 2013) , the Decree of the German-speaking community of May 6, 2014 (Moniteur belge of 18 July 2014 - ed. 2), the Decree of the Walloon Region from January 17, 2013 (Moniteur belge of 5 February 2013) and the order of the common Community Commission of the Brussels-Capital Region from July 2, 2015 (Moniteur belge of 10 July 2015).
(3) Entry into force: 1 October 2015 (Art. 21) deals between the Kingdom of Belgium and the Kingdom of the Netherlands for the development of COOPERATION and mutual ADMINISTRATIVE social security assistance the Kingdom of Belgium and the Kingdom of the Netherlands called CI - after "The contracting PARTIES";
Desiring to develop between their authorities and competent bodies social security cooperation further in order to ensure, inter alia, a better application of the Community rules, in particular 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 order to ensure freedom of movement and the rights of insured persons and to safeguard the keeping of social security systems;
Desiring also to agree on detailed arrangements to implement legitimate regimes social assistance and legal, non-contributory benefit subject to conditions of resources and which are allocated to persons in need;
HAVING the desire to strengthen and extend the functional cooperation;
STRIVING to modernize and streamline the exchange of data, in the light of the development of technologies and databases intervened in the management of social security;
Wishing to prevent the risk of fraud and errors and to ensure that the persons concerned receive the benefits to which they are actually right, in a timely manner;
Emphasizing therefor an integrated approach based on prevention, verification, control, inspection and correct treatment.
USING the opportunity afforded by the provisions of article 8, paragraph 2 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 of article 8, paragraph 2 of Regulation (EC) no 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883/2004 on the coordination of social security systems which stipulate that two European Union Member States may conclude between themselves, if necessary, arrangements based on the principles and in the spirit of this regulation;
Wishing to further implement Resolution 1999 / C 125/1 of the Council of the Union European and representatives of the Governments of the Member States, in the context of 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 social security contributions against undeclared work, and concerning the transnational hiring-out of workers providing;
WISHING for a more effective recovery and a more flexible application of the coordination rules, strengthen mutual assistance procedures between agencies during the recovery of social security claims. Effective recovery is also a way to prevent abuse and fraud, and to fight against them, as well as a way to safeguard the sustainability of social security systems;
Having regard to 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, have agreed as follows: title I General provisions Article 1 Definitions 1. "For the purposes of the application of this Treaty, the following terms mean: has." Regulation": Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
b." Implementing regulation": Regulation (EC) no 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883/2004 on the coordination of social security systems;
(c)." competent authority": the Ministers who, each in relation to, are responsible for the implementation of the legislation referred to in article 3 of this Treaty;
(d)." competent body"and"liaison body": organizations as defined in article 1, point q of the regulation and article 1, second paragraph (b) of the implementing regulation and listed in the database to which it is made reference to article 88, fourth paragraph of the implementing regulation;
e. "data": all data necessary for the execution of laws and the determination of the right plans and the benefits mentioned in article 3 of this Treaty, concerning civil status, income and heritage, the place of residence and stay, the social insurance number and other data that depends on the granting of benefits.
2. except as otherwise provided in this Treaty, the terms used have the meanings ascribed to them in paragraph 1 of this article. Other words and expressions not defined in this Treaty have the meanings ascribed to them respectively in the applied legislation.
3. without prejudice to the provisions of paragraph 1, point (d) of this section, for the purposes of the legislation Dutch social assistance and legal Belgian benefits, non-contributory, subjected to conditions of resources and which are allocated to persons in need, the bodies and the liaison bodies are designated in the administrative arrangement referred to in article 16 of this Treaty.
Article 2 personal scope this Treaty shall apply to persons within the personal scope of the regulations as well as the persons who seek or receive a benefit referred to in article 3, paragraph 2, of this Treaty.
Article 3 material scope 1. This Treaty applies to legislation falling within the material scope of the regulation. With regard to the Belgium, this Treaty is also applicable to the legislation on annual holiday pay.
2. it is also applicable to the Dutch on social assistance legislation and legal Belgian benefits non-contributory, subject to conditions of resources and which are allocated to people in need.
3. benefits referred to in paragraph 2 of this article will be listed in an annex of the administrative arrangement referred to in article 16 of this Treaty. This schedule is updated so that necessary, by common agreement between the competent authorities.
Article 4 scope territorial the territorial field of application of this Treaty shall:-as regards the Kingdom of Belgium, the Belgium territory;
-as regards the Kingdom of the Netherlands, in Europe.
Title II principles General DE LA COOPERATION Article 5 information on legislative and regulatory changes the competent authorities shall inform each other of direct and regularly essential changes in legislative and regulatory provisions in the field of application of this Treaty.
Article 6 Exchange of statistical data the bodies and the liaison bodies shall exchange statistical data, as agreed in the administrative arrangement referred to in article 16 of this Treaty.
Article 7 operation of mutual administrative assistance 1. Any competent body of the
the Contracting Parties may apply to a competent body of the other party, either directly or through a liaison body, a request for communication of data necessary for the proper performance of its tasks.
2. without prejudice to the provision of the first paragraph of this article, the competent authority of one of the Contracting Parties shall without prior request and to the extent possible, the competent agency of the other Contracting State of changes to important data for the treatment of individual including this last body case files is loaded.
3. the competent body seized of a request for information answered in the time prescribed in the cooperation agreements referred to in article 17 of this Treaty. This period shall not exceed three months.
4. administrative assistance is free. However, agencies may agree on the reimbursement of certain expenses.
Article 8 Data Protection 1. for the purposes of the application of this Treaty, the relevant agencies of both Contracting Parties, referred to in article 1 paragraph 1 point e of the present Treaty, communicate data, taking into account the opportunities provided for in the respective laws. It's data necessary for repetition and the collection of amounts owed to the competent authority of one of the Contracting Parties, to the fixing of the amount of premiums or contributions, and eligibility for the granting of benefits referred to in article 3 of this Treaty.
2. the preservation, processing or dissemination of data by the competent authority of the contracting party to which these data are disclosed are subject to legislation on the protection of the data of that Contracting Party.
3. these data cannot be used for other purposes than that of the implementation of the respective laws of the Contracting Parties, including to the rules relating to the determination of the applicable legislation and verification, as far as necessary, the eligibility of persons concerned to benefit benefits referred to in article 3 of this Treaty.
4. the information and documents submitted are subject to the protection regime data in force on the territory of each Contracting Party, under national, international and community standards, and more specifically 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 9 Transmission and reconciliations of files 1. any operation carried out under this section is carried out in compliance with principles of purpose and proportionality and the provisions laid down in article 8 of this Treaty. The consultation of the file by the competent authority of a Contracting Party shall be subject, where appropriate, to the system of prior authorisation.
2. the competent authority of a Contracting Party may request a competent authority of the other Contracting Party or any other institution designated by it, to send files electronically for the purpose to explore, compare, use, collect and integrate by any automated or semi-automated process.
3. the request of the competent body referred to in paragraph 2 of the present article aims to see the fight against the risk of fraud, abuse and errors in the determination of the applicable law, to see the dues and evaluate the right to a benefit. The claim relates to the monitoring and verification of data.
4. the competent body an application referred to in paragraph 2 of this article passes the files requested on the date or at the frequency agreed between the competent bodies in the cooperation agreements referred to in article 17 of this Treaty.
Title III COOPERATION benefits Article 10 audit and accumulation 1.
At the request of the competent authority of a Contracting Party, a competent authority of the other contracting party carrying out the examination necessary for verification of the right of the person who requests or receives a benefit.
2. any competent body which pays benefits, or which examines the conditions of eligibility, may, if it considers it necessary, check if there is not an illegitimate accumulation with a benefit granted on basis of the legislation of the other Contracting Party.
3. without prejudice to the provisions of paragraph 1 of this article, the competent authority of a Contracting Party may, without prior request, inform a competent authority of the other Contracting Party of any changes that it found in the position of a person falling within the scope of this Treaty.
4. the competent body to which the request is addressed shall check the data concerning the applicant or the beneficiary of a benefit or the members of his family.
The competent body then sends a statement concerning the audit and certified copies of the relevant documents to the competent agency of the other Contracting Party.
5. the audit can be a direct consultation data about the applicant or the beneficiary of a benefit or the members of his family, available to the other Contracting Party, provided that, where appropriate, the system of prior authorisation is respected.
6.chaque competent body proceeds to the collection and verification of data in the same way it does for the review of an application or payment in respect of its own legislation.
Article 11 refusal of payment, suspension and withdrawal of benefits based on the information and controls referred to in this Treaty, a competent authority of a Contracting Party may refuse, suspend or delete a service.
Title IV collection of contributions and CONTRIBUTIONS REPETITION of the undue Article 12 Procedure recovery and repeat the Contracting Parties undertake to execute the regulations developing the administrative arrangement referred to in article 16 of this Treaty in a procedure for the recovery of dues and contributions and the recovery of.
Title V COOPERATION in respect of controls Article 13 cooperation in controls the agencies of a Contracting Party on request provide support to control actions carried out by the competent bodies of the other Contracting Party. They shall assist in accordance with the legislation 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 14 procedures for controls 1. Representatives bodies or organizations of binding of a Contracting Party may, at the request of the other Contracting Party, be present at the controls of this last Contracting Party. The bodies and the liaison bodies can also exchange representatives to collect relevant information for the exercise of their monitoring mission.
2. representatives of relevant bodies or agencies Association of one of the Contracting Parties involved in the checks carried out on the territory of the other Contracting Party as observers and must always be able to justify their quality.
3. periodicity of these controls, the number of necessary to their good implementation and assessment of these arrangements are included in the cooperation agreements referred to in article 17 of this Treaty.
Article 15 Verification of the detachment conditions 1.
The Contracting Parties shall ensure all the conditions of posting in accordance with the regulations, including all elements determining the legal nature of the employment relationship.
2. in the event of a dispute, the Parties run decision No A1 on June 12, 2009 of the administrative Commission for the coordination of the social security systems on the establishment of a process of dialogue and conciliation on the validity of the documents, to the determination of the applicable legislation and the provision of benefits in respect of the regulation, or any decisions which would replace the draft decision.
Title VI modalities of implementation Article 16 agreement administrative rules for the implementation of this Treaty are governed by an administrative arrangement between the competent authorities.
Article 17 cooperation agreements the competent bodies of the Contracting Parties may conclude cooperation agreements, within the competences legally allocated to them. These cooperation agreements relate to the substances referred to in this Treaty, excluding the matters governed by the administrative arrangement to conclude on the basis of article 16 of this Treaty.
Article 18 the Joint Commission and the settlement of disputes 1. A joint Commission is created to ensure the monitoring of the implementation of this Treaty and the settlement of disputes concerning it. The Joint Committee shall consist of the following members:-for the Kingdom of Belgium, a.to the competent authorities: the Chairman of the Committee of direction of the FPS social security or one or several representatives designated by him;
b.to public institutions of social security: one or more representatives appointed by the College of Deputy Heads;
-for the Kingdom of the Netherlands, c.a or more representatives appointed by the Minister of Social Affairs and employment.
2. as mentioned in article 16 of this Treaty, an administrative arrangement regulates the terms and conditions of organization and functioning of the Joint Commission.
Title VII provisions transitional and final Article 19 adaptability Clause the provisions of this Treaty shall continue to apply insofar as they do not affect the provisions of the regulation and the implementing regulation.
Article 20 validity of the Treaty this Treaty is concluded for an indefinite period.
It may be terminated by each of the Contracting Parties by written notification addressed to the other Contracting Party. The denunciation shall enter into force twelve months after the receipt of the notification by the other Contracting Party.
Article 21 entry into force this Treaty shall enter into force the first day of the third month following the date to which the Contracting Parties have notified in writing, through diplomatic channels, the fact that the constitutional requirements for the entry into force of the present Treaty are met.
IN witness whereof, the undersigned, duly authorized, have signed this Treaty.
DONE at Brussels, December 6, 2010, in duplicate, in Dutch and French, both texts being equally authentic.