Law Approving The Convention On Social Security Between The Kingdom Of Belgium And The Republic Of Serbia, Made In Brussels On July 15, 2010, (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République de Serbie, faite à Bruxelles le 15 juillet 2010 (1) (2)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015108&caller=list&article_lang=F&row_id=500&numero=558&pub_date=2014-08-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-08-22 Numac: 2014015108 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 28 February 2014. -Law concerning consent to the Convention on social security between the Kingdom of Belgium and the Republic of Serbia, made in Brussels on July 15, 2010, (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and the Republic of Serbia, done at Brussels on 15 July 2010, will release its full and complete effect.
S. 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 in Brussels, February 28, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of Pensions, A. DE CROO the Deputy Prime Minister and Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2247 annals of the Senate : 07/11/2013 House of representatives (www.lachambre.be): Documents: complete record 53-3118: 19/12/2013.
(2) date of entry into force: 9/1/2014.

Convention on social security between the Kingdom of Belgium and the Republic of Serbia the Kingdom of Belgium and the Republic of Serbia, hereinafter referred to as "the Contracting States", anime of the desire to settle the mutual relations between the two States in the field of social security, have agreed what follows.
TITLE I provisions General Article 1 Definitions 1. For the purposes of this Convention, the following terms mean: (1) "Belgium": the Kingdom of Belgium;
«Serbia»: the Republic of Serbia.
(2) "national": in relation to the Belgium: a person who has the Belgian nationality.
With regard to the Serbia: a person who has Serbian citizenship.
(3) legislation: laws and regulations on social security referred to in article 2 of this Convention.
(4) ' competent authority': in relation to the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1, of this Convention;
With regard to the Serbia: relevant ministries for the legislation referred to in article 2, paragraph 1, of this Convention.
(5) ' organization': the institution, organization or authority to implement, in whole or in part, the laws referred to in article 2, paragraph 1, of this Convention.
(6) ' competent body': the institution, organization or authority to implement, in whole or in part, the laws referred to in article 2, paragraph 1, of this Convention and which is competent for the granting of benefits.
(7) "insurance period": any period of payment of contributions and 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.
(8) ' benefit': any benefits in kind or in cash provided by the legislation of each of the Contracting States, including all supplements or increases which are applicable under the laws referred to in article 2 of this Convention.
(9) ' family allowances': periodic cash benefits granted in accordance with the legislation which applies and established according to the number and the children ssge, excluding other supplements or increases.
(10) ' member of the family': a member of the family in accordance with the legislation of the Contracting State which has the charge of benefits, or in the case referred to in article 14, paragraph 2, of the Convention, by the legislation of the Contracting State on whose territory she resides.
(11) ' residence': the habitual residence.
(12) ' stay': temporary stay.
2. any term not defined in paragraph 1 of the present article has the meaning assigned to it by legislation which applies.
Article 2 scope 1. This Convention applies:-with regard to Belgium, to the legislation concerning: (1) insurance sickness and maternity of wage-earners and self-employed workers;
(2) to accidents of work and occupational diseases;
(3) to the pensions and survival of salaried workers and the self-employed;
(4) to disability insurance of salaried workers, sailors of the Merchant Navy and miners as well as self-employed individuals;
(5) to family benefits for employees and self-employed persons;
(6) to unemployment insurance.
-with regard to Serbia, to the legislation concerning: (1) health insurance, health care and maternity;
(2) to insurance pension and disability;
(3) to the insurance in case of accidents at work and occupational diseases;
(4) in cash in the event of unemployment compensation;
(5) to family allowances.
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 the existing to new categories of beneficiaries plans if there is not, in this regard, opposition of the Contracting State which amends its legislation notified to the other Contracting State within a period of six months from the publication official said 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 retirement and survival, acquired under the legislation of one of the Contracting States may not be suspended, or undergo any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. the export of benefits referred to in paragraph 1 of the present article due under the legislation of one of the Contracting States, is performed for the persons referred to in article 3 of the Convention if they reside on the territory of the other Contracting State.
3. benefits of retirement and survival, accidents at work and occupational diseases under the legislation of one of the States Contracting 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.
4. as regards the Serbia, subsections 1 and 2 of this article shall not apply to the minimum amount of a pension.
Article 6 reduction or suspension Clauses of reduction or suspension clauses provided for by the legislation of a Contracting State, in the case of overlapping of a benefit with other benefits welfare or with other income, or because of the exercise of a professional activity, are prejudicial to the recipients, even if it benefits acquired under a regime of the other Contracting State or if it obtained income or a professional activity in the territory of the other
Contracting State. However, this rule is not applicable to cumulation of two similar benefits.
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: (1) a person who exercises a professional activity as employed in the territory of a Contracting State is subject to the legislation of that State even if the employer or the company that employs the person has domicile or headquarters on the territory of the other State Contracting;
(2) a person who carries out an independent professional activity in the territory of a Contracting State is subject to the legislation of that State;
(3) a person who is part of travelling, flight or flying personnel of an enterprise engaged in, for hire or reward or for its own account, international transport of passengers or goods by ways railway, road, air or inland and having its seat in the territory of a Contracting State

is subject to the legislation of the latter State.
2. in the case of simultaneous exercise of independent professional activity in Belgium and Serbia employee, activity in Serbia is considered a salaried activity in Belgium, for the fixation of the obligations resulting from the Belgian legislation on the social status of self-employed persons.
Article 8 specific rules 1. Self-employed person who, being at the service of an undertaking having 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, as well as members of his family who accompany him, subject to the legislation of the first State as if it continued to be occupied its territory provided that the anticipated duration of work it must perform does not exceed twenty-four months and that he is not sent to replace another person received at the end of the period of secondment.
2. where the secondment referred to in paragraph 1 of this article continues beyond twenty-four months, the competent authorities of both Contracting States, or the competent bodies appointed by the competent authorities, can put themselves in agreement that the employee remains subject only to the legislation of the first Contracting State. However, this agreement may be given only for a further period not exceeding 36 months. It must be requested before the end of the initial period of 24 months.
3. paragraph 1 of the present article applies when a person sent by his employer from the territory of a Contracting State in the territory of a third country is then sent by that employer from the territory of the third country to the territory of the other Contracting State.
4. where a person subject to the legislation of a Contracting State who ordinarily performs an independent activity on the territory of that Contracting State, ceases to carry on this activity and temporarily performs that activity or a similar independent activity on the territory of the other State Contracting, this person remains only subject to the legislation of the first Contracting State as if she continued to work in the territory of the first State Contracting , provided that the anticipated duration of self-employment in the territory of the other Contracting State does not exceed 24 months.
5. where independent activity on the territory of the other Contracting State referred to in paragraph 4 of this article continues beyond the initial period of 24 months, the competent authorities of both Contracting States or the bodies designated by these authorities may agree that the self-employed person remains subject only to the legislation of the first Contracting State. However, this extension may be granted for a period exceeding 36 months. It must be requested before the end of the initial period of 24 months.
6. the self-employed person of a transport company with Headquarters on the territory of one of the Contracting States, which is posted on the territory of the other Contracting State, or is busy, either temporarily, or as trades, is, and the members of his family who accompany him, subject to the legislation of the Contracting State in whose territory the undertaking has its headquarters. 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 State Contracting on whose territory it is located, except the one which is sent on a non-permanent basis.
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, and the members of their family, subject to the legislation of the first Contracting State.
Article 10 members of diplomatic missions and consular posts 1. Nationals of the State accrediting sent as members of a diplomatic mission or a consular post by the State on the territory of the receiving State are subject to the legislation of first State.
2. persons engaged locally by a diplomatic mission or a consular post of the sending State as members of the administrative and technical staff, employees consular or members of the service staff, and resident in the territory of the receiving State, are subject to the legislation of the latter State.
3. where the diplomatic mission or consular office of the State accrediting care of persons who, in accordance with paragraph 2 of this article, shall be subject to the legislation of the receiving State, the mission or post takes into account the obligations imposed on employers by the legislation of the latter State.
4. the provisions of paragraphs 2 and 3 of this article shall apply by analogy to all persons employed in the private service of a person referred to in paragraph 1 of this article.
5. the provisions of paragraphs 1 to 4 of this article shall not apply to members of a consular post or the persons employed on private persons service.
6. the provisions of this article are also applicable to the members of the family of persons referred to in paragraphs 1 to 4 of this article, living in their homes, unless they exercise themselves a professional activity.
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 of the present Convention.
Title III special provisions concerning benefits Chapter 1 sickness and maternity Article 12 aggregation of periods of insurance for the determination of the opening, the maintenance or recovery of the right to benefits and their duration of grant, periods of insurance completed under the legislation of each of the Contracting States shall be aggregated provided that they do not overlap.
Section 13 benefits in kind in case of stay on the territory of the other State Contracting 1. A person, who is entitled to benefits in kind under the legislation of one of the Contracting States and which the State comes to require immediate health care during a stay in the territory of the other Contracting State, shall receive benefits in kind in the territory of that other Contracting State.
2. the benefits in kind are provided, the responsibility of the competent body, by the Agency of the place of stay in accordance with applied, the duration of benefits is however governed by the legislation which the competent body administers.
3. paragraph 1 of the present article shall not apply: (1) when a person visits, without authorization from the competent agency, the territory of the other Contracting State in order to receive medical treatment;
(2) except in an absolute emergency, prostheses, major appliances and other benefits in kind of great importance which the list is stopped by mutual agreement by the competent authorities.
4. the onus is on the Agency of the place of stay to determine the immediate necessity for the care referred to in paragraph 1 of this article, as well as to see the extreme urgency referred to in paragraph 3, point (2), of this article.
Article 14 benefits in kind for insured persons and family members in case of residence on the territory of the other State Contracting 1. A person, who is entitled to benefits in kind under the legislation of one of the Contracting States and who resides in the territory of the other Contracting State benefits, and the members of his family who live there also benefits in kind in the territory of that other Contracting State.
2. the members of the family of a person who is subject to the legislation of a Contracting State, who are entitled to benefits in kind under the legislation of one of the Contracting States, and residing on the territory of the other Contracting State, receive benefits in kind in the territory of that other Contracting State.
3. the benefits in kind are served, the responsibility of the competent body, by the Agency of the place of residence according to the legislation which it administers.
4. paragraphs 1, 2 and 3 of this article do not apply to members of the family if they are entitled to benefits in kind under the legislation of the Contracting State in whose territory they reside.
Article 15 benefits in-kind for people spare and members of family 1. The person who is, pursuant to articles 8 to 11 of the present convention, subject to the legislation of a Contracting State, as well as members of his family who accompany him, receive benefits in kind for the duration of their residence or stay on the territory of the other Contracting State.
2. the benefits in kind are provided, the responsibility of the competent body, by the Agency of the place of residence or of stay according to the legislation which it administers.
Article 16 benefits in kind for recipients of pensions for invalidity, old age or of survival and family members 1. The beneficiary of invalidity pensions, old-age survival or annuity,

due under the laws of both Contracting States, benefits for himself and the members of his family to benefits in kind under the legislation of the State contractor in the territory of which he resides and the responsibility of the competent authority of that State.
2. the beneficiary of an invalidity pension, old age or survival or of an annuity, exclusively under the legislation of one of the two Contracting States, who resides in the territory of the other Contracting State receives for himself and members of his family to benefits in kind. The benefits in kind are provided, borne by the competent body, by the Agency of the place of residence according to the legislation which it administers.
Article 17 benefits in kind in case of stay on the territory of the competent State 1. Persons referred to in paragraphs 1 and 2 of article 14 and paragraph 2 of article 16 of this Convention who are staying in the territory of the Belgium receive benefits in kind in the territory of the Belgium, in charge of the Belgian competent authority and according to the provisions applied by the Agency of the place of Belgian stay.
2. the persons referred to in paragraphs 1 and 2 of article 14 and paragraph 2 of article 16 of this Convention who are resident in the territory of the Serbia and the State comes to require immediate health care benefit from benefits in kind on the territory of the Serbia, in charge of the Serbian authority and according to the provisions applied by the Agency of the place of stay Serbian.
Article 18 refund of benefits in kind 1.
The amount effective of the benefits in kind provided pursuant to articles 13, 14, 15 and 16, paragraph 2, of the convention, is reimbursed by the competent body to the body which served said benefits, as laid down in the Administrative Arrangement.
2. the competent authority of Belgium and the Serbian liaison body may agree among themselves to derogate from the provisions of paragraph 1 of this article.
Article 19 taking in charge of benefits in kind when a person or a member of his family is entitled to benefits in kind under the legislation of both Contracting States, the following rules shall apply: (1) these benefits are exclusively in charge of the competent agency of the Contracting State on the territory of which they are served.
(2) benefits in the territory of one State other than one of the two Contracting States, are exclusively in charge of the competent agency of the Contracting State on whose territory the person resides or the Member of his family.
Article 20 benefits cash sickness 1. The person who fulfils the conditions laid down by the legislation of one of the Contracting States to be eligible for cash benefits, taking into account where appropriate the provisions of article 12 of the convention, is entitled to these benefits even if it is located on the territory of the other Contracting State. Cash benefits are served directly by the competent body responsible for the beneficiary. The beneficiary of cash benefits for sickness and maternity insurance can stay on the territory of the other Contracting State subject to prior agreement of the competent body.
2. the holder of cash payments to under the legislation of a Contracting State can keep these benefits if he transfers his residence in the territory of the other Contracting State. The transfer of residence may be subject to prior authorisation by the competent body. However, this authorization may be refused only if the move is not recommended for medical reasons duly established.
Chapter 2 Accidents at work and occupational diseases Article 21 benefits in kind provided on the territory of the other State Contracting 1. A person who, because of an accident at work or an occupational disease is entitled to benefits in kind under the legislation of a Contracting State, has in the event of stay or residence in the territory of the other Contracting State to benefits in kind.
2. the benefits in kind are provided, the responsibility of the competent body, by the Agency of the place of stay or residence in accordance with the legislation which it administers, for the granting of benefits is however governed by the legislation which the competent body administers.
Article 22 refund of benefits in kind 1.
The actual amount of the benefits in kind provided under article 21 of the convention is covered by the relevant body to the body which served said benefits, as laid down in the Administrative Arrangement.
2. the competent authority of Belgium and the Serbian liaison body may agree among themselves to derogate from the provisions of paragraph 1 of this article.
Article 23 taking into account accidents of labour and occupational diseases that previously occurred if the legislation of a State contractor provides that accidents at work or occupational diseases which occurred previously are taken into account 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 24 recognition 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, the provisions of paragraph 2 of this article.
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.
Article 25 the professional disease getting worse when, in the event of aggravation of an disease professional, the 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 are applicable : (1) if the person has not exercised in the territory of that other State a job likely to cause the occupational disease or make worse it, the competent authority of the first State shall meet the cost of benefits, taking into account the aggravation under the legislation which it administers;
(2) if the person has exercised on the territory of that other State such employment, the competent body of first State shall assume the cost of the benefits under the legislation which it administers not taking into account the aggravation. The competent body of the second State gives the person a benefit whose amount is determined according to the legislation of that 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 3 old age, death and invalidity SECTION 1 provisions concerning the Belgian benefits - pension and survivors Article 26 aggregation of periods of insurance 1. Subject to the provisions of paragraph 2 of this article, insurance periods and periods treated as such completed pursuant to Serbian legislation relating to pension insurance, shall be aggregated as necessary, on condition that they do not overlap with periods of insurance completed under the Belgian legislation, for the acquisition, maintenance or recovery of entitlement to benefits.
2. when the Belgian legislation granting certain benefits on the condition that the periods of insurance have been completed in a given profession, not are totaled, for admission to these benefits, the periods of insurance completed or assimilated into the same profession in Serbia.
3 where the Belgian legislation granting certain benefits provided that periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the award of benefits under the general system of the salaried workers.
4. where, notwithstanding the implementation of paragraph 1 of this article the person does not meet the conditions to qualify for benefits, shall be aggregated periods of insurance completed under the legislation of a third State with which both Contracting States are linked, each in relation to, by a social security agreement providing for the aggregation of periods of insurance. If only the Belgium is linked 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 aggregated.
Article 27 calculation of retirement and survival benefits

1 where the person meets the conditions required by Belgian legislation for entitlement benefits without any need for aggregation, the Belgian organisation calculates the right to delivery directly on basis of periods of insurance completed in Belgium and Belgian legislation only. This organization is also the calculation of the amount of the benefit that would be obtained by application of the rules laid down in paragraph 2, points (1) and (2) of this article. The highest amount is only retained.
2. If a person is entitled to a benefit under Belgian legislation, which the right is open only in light of the aggregation of periods of insurance effected in accordance with article 26 of this Convention, the following rules shall apply: (1) the Belgian agency calculate the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed only under the legislation which it administers;
(2) the Belgian organization then calculates the amount due on the basis of the amount referred to in point (1), in proportion to the duration of the insurance periods completed under its legislation only relation to the duration of all insurance periods recorded under item (1).
B disability Article 28 totalization of insurance periods for the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 26 of this Convention shall apply by analogy.
Article 29 calculation of invalidity benefits 1.
If the right to Belgian disability benefits is only open by aggregation of periods of insurance Belgian and Serbian made in accordance with article 28 of the Convention, the amount of the benefit payable shall be determined following the rules laid down by article 27, paragraph 2, of this Convention.
2. where the right to Belgian disability benefits is open without requiring to use the provisions of article 28 of the Convention, and that the amount resulting from the addition of the Serbian provision and the Belgian benefit calculated according to paragraph 1 of this article, is less than the amount of the benefit due on basis of Belgian legislation only the competent Belgian authority allocates a supplement equal to the difference between the sum of the two abovementioned benefits and the amount due under Belgian legislation only.
Article 30 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 the other Contracting State, 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.
C - Provisions common to old-age benefits, of survival and Belgian disability Article 31 new possible calculation of benefits 1. If, due to the increase in the cost of living, the level change salaries or other causes of adaptation, old-age benefits, survival or Serbs disability are altered by a percentage or amount determined, there is no reason to proceed with a new Belgian calculation.
2. in the event of a change in the mode of establishment or to the rules of calculation of Serbs of old age, survival or disability benefits, a new Belgian benefits are calculated pursuant to section 27 or 29 of this Convention.
SECTION 2 special provisions concerning Serbs benefits Article 32 totalization of insurance periods 1. If the Serbian legislation conditional opening, retention or recovery of the right to benefits to the completion of periods of insurance, the Serbian Agency also takes into account, where appropriate, of periods of insurance completed under the Belgian legislation, as if they were completed under the legislation which it administers, provided that the periods do not overlap.
2. If the person who, in addition to the application of paragraph 1 of the present article, does not meet the conditions for admission to benefits, the Serb authority also takes account of insurance periods completed in a third State with which the Serbia has concluded a social security convention.
3. If the Serbian legislation conditional admission to the benefit of a benefit determined at the completion of periods of insurance in a particular profession or employment or occupation subject to a special regime, the Serbian Agency also takes into account the periods of insurance completed under the Belgian legislation, in the same profession, the same job or under a regime corresponding.
Article 33 attachment to an independent benefit if the Serbian legislation provides admission to the benefit of a benefit even without the application of article 32 of the convention, the Serbian authority fixed benefit on the basis of the period of insurance, taken into consideration under the legislation which it administers.
Article 34 calculation of the proportional part of delivery 1. If the Serbian legislation conditional admission to benefits only to the application of the provisions of article 32 of this convention, the competent authority: (1) calculate the theoretical amount of the benefit which would have been due if the total insurance period taken into account for the calculation of benefits, had been completed under the legislation which it administers. The amount of the benefit that does not depend on the insurance period is considered as a theoretical amount;
(2) fixed, on the basis of the amount thus calculated, the amount of the benefit in proportion to the period of insurance, accomplished exclusively under the legislation which it administers, compared to total insurance period, taken into account in the calculation of the benefit;
(3) where the total insurance period taken into account pursuant to the provisions of article 32 of the convention, is greater than the period of the longest insurance under the legislation which it administers, it fixes the amount of the benefit in proportion to the period of insurance completed under this legislation compared to the periods of insurance as a basis for the calculation of the amount of the benefit at full rate.
2. If the amount of the benefit is calculated on the basis of the salary, the base of contributions or paid dues in a certain period, the Serb authority takes into consideration the salary, the base of contributions or the contribution of the period of insurance completed under the legislation which it administers.
SECTION 3 common provision for Serbs and Belgian benefits section 35 insurance periods less than 12 months 1. When the period of total insurance for the calculation of the benefit in accordance with the legislation of a Contracting State is less than 12 months, the benefit will not be granted, except when there is a right to the benefit exclusively based on this period of insurance in accordance with these regulations.
2. the periods of insurance referred to in paragraph 1 of this article, on the basis of which the body of one of the Contracting States shall not benefit issue, is taken into consideration by the Agency of the other Contracting State for the opening, maintenance or recovery of the right to the provision, as well as for the fixing of the amount, as if this period of insurance had been fulfilled in accordance with the legislation which it administers.
Chapter 4 Allocations familiales Article 36 Determination of law 1. Where the legislation of a Contracting State makes acquisition of the right to family allowances to the completion of periods of insurance, the agency that administers that legislation takes into account therefor, as needed, for the purpose of totalization, of periods of insurance completed under the legislation of the other Contracting State, as periods of insurance completed under the legislation of first Contracting State.
2. persons subject to the legislation of one of the Contracting States have right for children who reside in the territory of the other Contracting State to the family allowances provided for by the legislation of the first State Contracting.
3. the recipient of a benefit or pensions for old age, invalidity, accident at work or occupational disease under the legislation of a Contracting State has right to children who reside in the territory of the other Contracting State to the family allowances provided for by the legislation of the first Contracting State.
4. the recipient of a benefit or pensions for old age, invalidity, accident at work or occupational disease due to the title of the laws both Contracting States has the right to children who reside in the territory of the other State Contracting that where this recipient, to the family allowances provided for by the legislation of the Contracting State where is the recipient of benefits or annuities.
5. when a worker died while it was subject to the legislation of a Contracting State, the orphan that resides on the territory of the other Contracting State, is entitled to the family allowances provided for by the legislation of the first Contracting State.
6. Notwithstanding paragraphs 2 to 5 of this article, where there is a

right to family allowances under the legislation of both Contracting States, only the legislation of the Contracting State in which the child has his residence is applicable.
Chapter 5 unemployment section 37 aggregation of periods of insurance to fix the duration of the entitlement to benefits and the amount of the said benefits under the legislation of a Contracting State, account shall be taken of periods of insurance completed under the legislation of the other Contracting State, provided that these periods overlap with periods of insurance completed under the legislation of the first Contracting State.
Article 38 taking into account a period of insurance in the other State in case of application of the provisions of article 37 of this Convention, the competent body of a Contracting State takes account of the period during which benefits were paid by the competent agency of the other Contracting State, up to a maximum of twelve months and within the limits laid down by the legislation which the competent authority of the first Contracting State applies.
Title IV provisions various Article 39 responsibilities of the competent authorities the competent authorities: (1) determine, by administrative arrangement, the measures necessary for the implementation of this Convention and shall designate liaison bodies, relevant bodies and organizations of the place of residence and the place of stay;
(2) define administrative mutual assistance procedures and the terms of payment of expenditures related to obtaining necessary medical, administrative and other certificates for the purposes of this Convention;
(3) communicate directly all information concerning the measures taken for the application of this Convention;
(4) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 40 administrative cooperation 1.
For the purposes of this Convention, the competent authorities, liaison and the competent bodies of each of the Contracting States bodies conversely lend their good offices, as if it were the application of their own legislation. This assistance is in principle free.
However, the competent authorities may agree on the reimbursement of certain expenses.
2. the medical examinations of persons residing or staying in the territory of the other Contracting State, are carried out by the Agency of the place of stay or residence, at the request of the competent body and its load. The costs of these medical examinations are not reimbursed if the expertise have been made in the interest of both Contracting States.
3. for the purposes of this convention, the competent authorities, liaison and the competent bodies of the Contracting States bodies 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 41 Communication 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 42 Taxes and exemption from legalization 1. 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.
2. all acts and documents to be produced in application of the present convention shall be exempt from authentication by diplomatic or consular authorities.
Article 43 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 this 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. the claim for benefits submitted to the competent authority of a Contracting State is considered, for the corresponding benefits, have lodged with the competent agency of the other Contracting State.
3. an application or document may be rejected because it is written in an official language of the other Contracting State.
Article 44 payment of benefits 1. Receivable agencies of benefits under this Convention will validly 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 45 settlement of disputes disputes relating to the interpretation and application of this Convention shall be settled by negotiation between the competent authorities.
Article 46 enforcement Procedures 1. Enforceable decisions rendered by a Court of one of the Contracting States, as well as binding acts rendered by the authority or the body of one of the Contracting States relating to social security contributions and other requests, including recovery of undue benefits, are recognized on the territory of the other Contracting State.
2. recognition may be refused only where it is incompatible with the legal principles 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. dues have proceedings of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, the same ranking as equivalent claims in the territory of that Contracting State.
5. claims to be the subject of a recovery or a forced recovery 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 47 undue payments 1. If wind-up or the revision of benefits under the Convention, the body of a Contracting State paid to the recipient of benefits a sum in excess of that to which he is entitled, this organization can ask to the Agency of the other State Contracting, of a benefit corresponding to this beneficiary, to withhold the overpayment on the arrears owed recipient audit callbacks. Detailed rules for the application of this provision will be adopted by common agreement between the appropriate agencies of the Contracting States, subject to the agreement of the respective competent authorities.
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 sums served by itself, and shall transfer the amount so deducted to the creditor Agency of the first Contracting State.
Article 48 Cooperation in the fight against fraud in addition to the implementation of the principles

Generals of administrative cooperation, the competent authorities of the Contracting States shall agree, in an administrative arrangement, the modalities according to which they lend their contest to combat cross-border fraud relating to contributions and social security benefits, in particular for what concerns the persons actual residence, the appreciation of the resources, the calculation of the contributions and the overlapping of benefits.
Title V transitional and final Article 49 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 50 Revision, prescription, forfeiture 1. Any benefit which has not been awarded or which has been suspended because of the nationality of the person concerned or by reason of his residence in the territory of the Contracting State other than that where the debtor organization, is at the request of the person concerned, awarded or reinstated from the 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. Under no circumstances, such a revision must have reduced the earlier rights of the persons concerned.
3. If the request referred to in paragraphs 1 or 2 of the present article is presented within a period of two years from the date of entry into force of this Convention, 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 51 duration and termination this Convention is concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification through diplomatic channels to the other State Contracting with a twelve month notice period.
Article 52 warranty of acquired rights, or by way of acquisition in the event of denunciation of this Convention, the rights and benefits acquired under the Convention will be maintained. In addition, the provisions of this Convention will remain applicable to claims for benefits submitted before the date of its termination.
Article 53 entry into force 1. This Convention is subject to ratification and shall enter into force the first day of the third month following the date on which the Contracting States have exchanged their instruments of ratification.
2. the day of the entry into force of this Convention, with respect to the relationship between the two Contracting States, the Convention on social security between the RFP of Yugoslavia and the Kingdom of Belgium signed on 1 November 1954 ceases to exist.
IN witness whereof, the undersigned, duly authorized, have signed the present Convention.
DONE at Brussels, July 15, 2010, in duplicate, in English, Dutch and Serbian languages, the three texts being equally authentic.