Law Approving The Treaty Between The Kingdom Of Belgium And The Kingdom Of The Netherlands The Development Of Cooperation And Mutual Administrative Assistance In Social Security Matters, Done At Brussels On 6 December 2010 (1) (2) (3).

Original Language Title: Loi portant assentiment au Traité entre le Royaume de Belgique et le Royaume des Pays-Bas pour le développement de la coopération et de l'entraide administrative en matière de sécurité sociale, fait à Bruxelles le 6 décembre 2010 (1) (2) (3)

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26 JANVIER 2014. - An Act to approve the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands for the Development of Cooperation and Administrative Assistance in Social Security, done in Brussels on 6 December 2010 (1) (2) (3)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands for the Development of Cooperation and Administrative Assistance in Social Security, done in Brussels on 6 December 2010, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 January 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
Deputy Prime Minister and Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
Secretary of State to Combat Social and Tax Fraud,
J. CROMBEZ
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
___
Notes
(1)Sénat (www.senate.be):
Documents: 5-1654 - Annales du Sénat: 12/07/2012
House of Representatives (www.lachambre.be):
Documents: 53-2364 - Full report: 19/07/2012
(2)See the Decree of the Flemish Community of 29 November 2013 (Belgian Monitor of 17 January 2014 - Ed. 2), the Decree of the French Community of 13 December 2012 (Belgian Monitor of 1er February 2013), the Decree of the German-speaking Community of 6 May 2014 (Belgian Monitor of 18 July 2014 - Ed. 2), the Decree of the Walloon Region of 17 January 2013 (Belgian Monitor of 5 February 2013) and the Order of the Joint Community Commission of the Brussels-Capital Region of 2 July 2015 (Belgian Monitor of 10 July 2015).
(3)In force: 1er October 2015 (Art. 21)

TRAITE
ENTER
BELGIUM ROYAUME
AND
ROYAUME DES PAYS-BAS
DEVELOPMENT OF COOPERATION
AND ADMINISTRATIVE ENTRAID
OF SOCIAL SECURITY
BELGIUM ROYAUME
AND
ROYAUME DES PAYS-BAS
CIVIL APPLES "THING PARTIES";
ISSUES to develop in-depth cooperation between their competent authorities and social security agencies in order to ensure, inter alia, better implementation of 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;
To ensure the free movement and rights of social insured persons and to safeguard the preservation of social security systems;
REQUESTS, moreover, to agree on specific modalities for the legitimate application of social assistance schemes and legal, non-contributory benefits, subject to resource conditions and which are allocated to persons in need;
WHERE TO strengthen and extend functional cooperation;
FURTHERING TO modernize and streamline the exchange of data, given the development of technologies and databases in the management of social security;
WHERE TO prevent the risks of fraud and error and ensure that the persons concerned receive the benefits to which they are actually entitled, in a timely manner;
PRIVILEGIANT TO EFFECT an integrated approach based on prevention, verification, control, inspection and correct treatment;
UTILIZING the possibility offered 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 concerning the coordination of social security systems and Article 8, paragraph 2 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 establishing the modalities of application of the Regulation (EC) No 883/2004 concerning the coordination of systems
Further implementing Council of the European Union Resolution 1999/C 125/1 and representatives of the governments of the Member States, within the framework of the Council meeting on 22 April 1999, on a code of good conduct for better cooperation between the authorities of the Member States in the fight against transnational fraud in social security benefits and contributions, against undeclared work and concerning the transnational provision of workers;
WHEREAS, with a view to more effective recovery and a more flexible application of the rules of coordination, strengthen the procedures for mutual assistance between organizations in the recovery of social security claims. Effective recovery is also a means of preventing and combating abuse and fraud, as well as a way to safeguard the sustainability of social security systems;
VU Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data,
AGAINST THAT WHO ITS:
PART I GENERAL PROVISIONS
Article 1
Definitions
1. For the purposes of this Treaty, the following terms shall be:
a."Regulation": Regulation (EC) No. 883/2004 of the European Parliament and the Council of 29 April 2004 on the coordination of social security systems;
b."Implementation rules": Regulation (EC) No. 987/2009 of the European Parliament and Council of 16 September 2009 setting out the modalities for the application of Regulation (EC) No. 883/2004 on the coordination of social security systems;
c." Competent authority": Ministers who, each with respect to it, are responsible for the enforcement of the legislation referred to in Article 3 of this Treaty;
d."competent agency" and "linking agency": organizations as defined in Article 1er, point q of the Regulations and section 1ersecond paragraph (b) of the Application Regulations and referred to in the data bank referred to in section 88, fourth paragraph of the Application Regulations;
e. "data": all data necessary for the enforcement of laws and for the determination of the right to pension plans and benefits referred to in Article 3 of this Treaty, concerning civil status, income and heritage, place of residence and residence, number of social insured persons and any other data that depends on the granting of benefits.
2. Unless otherwise provided in this Treaty, the terms used shall have the meaning assigned to them in paragraph 1 of this article. The other terms and expressions not defined in this Treaty have the meaning assigned to them, respectively, in the applicable legislation.
3. Without prejudice to the provision of paragraph 1 (d) of this article, for the application of Dutch social assistance legislation and for legal, non-contributory Belgian benefits, subject to resource conditions and which are allocated to persons in need, the competent bodies and liaison bodies are designated in the administrative arrangement referred to in Article 16 of this Treaty.
Article 2
Field of personal application
This Treaty applies to persons within the personal scope of the Regulations and to persons who request or receive a benefit under section 3, paragraph 2 of this Treaty.
Article 3
Field of material application
1. This Treaty applies to legislation within the material scope of the Regulations. As far as Belgium is concerned, this Treaty is also applicable to the annual holiday toll legislation.
2. It is also applicable to Dutch legislation on social assistance and legal, non-contributory Belgian benefits, subject to resource conditions and which are allocated to persons in need.
3. The benefits referred to in paragraph 2 of this Article will be mentioned in an annex to the administrative arrangement referred to in Article 16 of this Treaty. This annex is updated as necessary, in common agreement between the competent authorities.
Article 4
Field of territorial application
The territorial scope of this Treaty is:
- in respect of the Kingdom of Belgium, the territory of Belgium;
- with regard to the Kingdom of the Netherlands, the territory in Europe.
PART II GENERAL PRINCIPLES OF COOPERATION
Article 5
Information on legislative and regulatory developments
The competent authorities shall, in a direct and regular manner, form the essential amendments to the legislative and regulatory provisions in the area of application of this Treaty.
Article 6
Statistical data exchange
The relevant agencies and liaison agencies 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. A competent body of one of the Contracting Parties may apply to a competent body of the other Party, either directly or through a liaison agency, to a request for the communication of data necessary for the proper execution of its task.
2. Without prejudice to the provision of paragraph 1 of this Article, the competent body of one of the Contracting Parties shall inform, without prior request and to the extent possible, the competent body of the other Contracting Party of changes to the data important for the processing of individual case files of which the latter body is responsible.
3. The competent body seized of a request for information shall respond within the time provided for in the cooperation agreements referred to in Article 17 of this Treaty. This period cannot exceed three months.
4. Administrative assistance is free of charge. However, the competent bodies may agree on reimbursement of certain costs.
Article 8
Data protection
1.For the purposes of this Treaty, the competent bodies of the two Contracting Parties referred to in Article 1er paragraph 1 (e) of this Treaty shall provide data, taking into account the possibilities provided for in the respective legislations. This data is necessary for the repetition and collection of amounts due to the competent body of one of the Contracting Parties, the determination of the amount of dues or contributions, and the eligibility for the award of benefits referred to in Article 3 of this Treaty.
2. The storage, processing or dissemination of data by the competent body of the Contracting Party to which such data are communicated shall be subject to the data protection legislation of that Contracting Party.
3. Such data may not be used for any purpose other than that of the application of the respective laws of the Contracting Parties, in particular for the rules relating to the determination of applicable legislation and the verification, as appropriate, of the eligibility of the persons concerned for the benefit of the benefits referred to in Article 3 of this Treaty.
4. The information and documents transmitted are subject to the data protection regime in force on the territory of each Contracting Party, in accordance with national, international and community standards, and more specifically the Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data.
Article 9
File transmission and reconciliations
1.Any operation carried out under this Article shall be carried out in accordance with the principles of purpose and proportionality and the provisions of Article 8 of this Treaty. The consultation of the files by the competent body of a Contracting Party shall, where appropriate, be subject to the prior authorization system.
2. The competent body of a Contracting Party may request a competent body of the other Contracting Party or any other institution designated by the Contracting Party to transmit electronic files for the purpose of exploring, comparing, using, collecting and integrating them through any automated or semi-automated process.
3. The request of the competent body referred to in paragraph 2 of this section is to determine the risk of fraud, abuse and error in determining the applicable legislation, to determine the dues and to assess the right to a benefit. The request relates to data control and verification.
4. The competent body seized of the application referred to in paragraph 2 of this article shall forward the files requested at the date or according to the agreed periodicity between the competent bodies in the cooperation conventions referred to in Article 17 of this Treaty.
TITRE III COOPERATION EN MATIERE DE PRESTATIONS
Article 10
Audit and cumulation
1. At the request of the competent body of a Contracting Party, a competent body of the other Contracting Party shall conduct the examination necessary to verify the right of the person who requests or receives a benefit.
2. Any competent body that pays a benefit, or examines the conditions of eligibility of a person, may, if it considers it necessary, verify that it does not result in an illegitimate cumulation with a benefit awarded on the basis of the legislation of the other Contracting Party.
3. Without prejudice to the provisions of paragraph 1er of this Article, the competent body of a Contracting Party may, without prior request, inform a competent body of the other Contracting Party of any change that it has observed in the situation of a person within the scope of this Treaty.
4. The competent body to which the application is addressed shall verify the data concerning the applicant or beneficiary of a benefit or concerning the members of his or her family. The competent body then sends a verification declaration and certified copies of the relevant parts to the competent body of the other Contracting Party.
5. The verification may consist of a direct consultation of the data concerning the applicant or beneficiary of a benefit or concerning the members of his or her family, which is available to the other Contracting Party, provided that, where appropriate, the prior authorization system is respected.
6.Each competent body shall collect and verify the data in the same manner as it does for the examination of an application or payment under its own legislation.
Article 11
Refusal of payments, suspension and cancellation of benefits
Based on the information and controls mentioned in this Treaty, a competent body of a Contracting Party may refuse, suspend or delete a benefit.
PART IV RECOVERING COTISATIONS AND CONTRIBUTIONS REPETITION OF THE INDU
Article 12
Recovery and repetition procedure
The Contracting Parties undertake to implement the Rules of Application by developing in the administrative arrangement referred to in Article 16 of this Treaty a procedure for the collection of contributions and contributions and the repetition of the indus.
COOPERATION IN CONTROL MATIER
Article 13
Cooperation on controls
The competent bodies of a Contracting Party shall, upon request, provide support to the control actions carried out by the competent bodies of the other Contracting Party. They provide assistance in accordance with applicable legislation in the territory of each Contracting Party to determine the validity of documents and certificates, and to provide any other form of mutual assistance and cooperation.
Article 14
Modalities of controls
1. Representatives of competent bodies or liaison bodies of a Contracting Party may, at the request of the other Contracting Party, be present at the checks of the latter Contracting Party. Relevant agencies and liaison agencies may also exchange representatives to collect information relevant to the exercise of their monitoring mission.
2. Representatives of the competent bodies or liaison bodies of one of the Contracting Parties shall participate in the controls carried out in the territory of the other Contracting Party only as observers and shall always be able to justify their quality.
3. The periodicity of these controls, the number of representatives required for their effective implementation, and the modalities for the evaluation of these controls are reflected in the cooperation agreements referred to in Article 17 of this Treaty.
Article 15
Verification of detachment conditions
1. Contracting Parties shall verify compliance with all conditions of detachment in accordance with the Regulation, including any elements determining the legal nature of the working relationship.
2. In the event of a dispute, Contracting Parties shall execute Decision No. A1 of 12 June 2009 of the Administrative Commission for the Coordination of Social Security Systems concerning the establishment of a dialogue and conciliation procedure relating to the validity of documents, the determination of applicable legislation and the service of benefits under the Regulations, or any decisions that would replace the above-mentioned decision.
PART VI IMPLEMENTATION
Article 16
Administrative arrangement
The modalities for the implementation of this Treaty are regulated by an administrative arrangement between the competent authorities.
Article 17
Cooperation conventions
The competent bodies of the Contracting Parties may enter into cooperation conventions within the framework of their legal competences. These co-operation agreements deal with matters covered by this Treaty, excluding matters regulated by the administrative arrangement to be concluded on the basis of Article 16 of this Treaty.
Article 18
Joint Commission and Settlement of Disputes
1. A Joint Commission shall be established to monitor the implementation of this Treaty and to resolve disputes over it. The Joint Commission will consist of the following members:
- for the Kingdom of Belgium,
a.for the competent authorities: the Chairman of the SPF Management Committee Social Security or one or more representatives designated by the SPF;
b. for public social security institutions: one or more representatives designated by the College of General Administrators;
- for the Kingdom of the Netherlands,
c. one or more representatives designated by the Minister of Social Affairs and Employment.
2. As mentioned in Article 16 of this Treaty, an administrative arrangement regulates the organization and operation of the Joint Commission.
PART VII TRANSITIONAL AND FINAL PROVISIONS
Article 19
Adaptability clause
The provisions of this Treaty shall remain applicable to the extent that they do not affect the provisions of the Regulations and the Regulations.
Rule 20
Period of validity of the Treaty
This Treaty shall be concluded for an indefinite period. It may be denounced by each Contracting Party by written notification 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 on the first day of the third month following the date on which the Contracting Parties have notified in writing, through diplomatic channels, that the constitutional requirements for the entry into force of this Treaty are met.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Treaty.
DONE in Brussels on 6 December 2010, in duplicate, in French and Dutch, both texts being equally authentic.