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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

28 FEBRUARY 2014. - Act to approve the Convention on Social Security between the Kingdom of Belgium and the Republic of Serbia, made in Brussels on 15 July 2010 (1) (2)



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 Convention on Social Security between the Kingdom of Belgium and the Republic of Serbia, held in Brussels on 15 July 2010, will come out with its full effect.
Art. 3. The amendments to the provisions of Articles 7 to 10 of the Convention, as provided for in Article 11 of the Convention, shall be effective and effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 February 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for 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
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2247
Annales du Sénat : 07/11/2013
House of Representatives (www.lachambre.be):
Documents: 53-3118
Full report : 19/12/2013.
(2) Effective date: 1/9/2014.

Convention on Social Security between the Kingdom of Belgium and the Republic of Serbia
BELGIUM ROYAUME
AND
THE REPUBLIC OF SERBIA,
referred to as “contracting States”,
ANIMES the desire to settle the mutual relations between the two States in the field of social security, have agreed as follows.
PART Ier
General provisions
Article 1er
Definitions
1. For the purposes of this Convention, the following terms shall be:
(1) "Belgium": the Kingdom of Belgium;
Serbia: Republic of Serbia.
(2) "Resident":
With regard to Belgium: a person with Belgian nationality;
With regard to Serbia: a person with Serbian nationality.
(3) "Legislation": the laws and regulations concerning social security referred to in Article 2 of this Convention.
(4) "Competent Authority":
With regard to Belgium: Ministers responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1erof this Convention;
With regard to Serbia: competent ministries for the legislation referred to in Article 2, paragraph 1erof this Convention.
(5) "Organization": the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in section 2, paragraph 1erof this Convention.
(6) "Relevant body": the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in section 2, subsection 1er, of this Convention and which is competent to grant benefits.
(7) "Insurance Period": any period of payment of contributions and any period recognized as an insurance period under the legislation under which the period was completed, as well as any period assimilated to an insurance period and recognized by that legislation.
(8) "Service": any provision in kind or in cash provided for in the legislation of each Contracting State, including any supplements or increases that are applicable under the legislation referred to in Article 2 of this Convention.
(9) "Family allowances": periodic cash benefits granted in accordance with the legislation that applies and established according to the number and age of children, excluding other supplements or increases.
(10) "Member of the family": a member of the family in accordance with the legislation of the Contracting State that has the responsibility for the benefits, or in the case referred to in article 14, paragraph 2, of this Convention, by the legislation of the Contracting State in whose territory it resides.
(11) "Residence": the usual stay.
(12) "Living": temporary stay.
2. Any term not defined in paragraph 1er of this section has the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Convention applies:
- with regard to Belgium, the relevant legislation:
(1) sickness and maternity insurance for workers and self-employed persons;
(2) occupational accidents and diseases;
(3) retirement and survival pensions for wage-earners and self-employed persons;
(4) the disability insurance of employed workers, merchant navy sailors and minor workers and independent workers;
(5) the family benefits of workers and self-employed persons;
(6) Unemployment insurance.
- with regard to Serbia, the relevant legislation:
(1) health insurance, health care and maternity;
(2) pension and disability insurance;
(3) insurance in the event of occupational accidents and occupational diseases;
(4) cash compensation for unemployment;
(5) to family allowances.
2. This Convention will also apply to legislation that will amend or supplement the legislation listed in paragraph 1er of this article.
3. This Convention shall apply to legislation extending the existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of the said laws.
4. This Convention shall not apply to legislation establishing a new social security branch unless an agreement is reached between the competent authorities of the Contracting States.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply to persons who are or have been subject to the legislation of one or two Contracting States and to any other person whose derivative rights arise from the persons mentioned above.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 of this Convention shall be subject to the obligations and shall be entitled to the law of the Contracting State under the same conditions as the nationals of that State.
Article 5
Export of benefits
l. Unless otherwise provided in this Convention, the benefits of disability, occupational accidents and occupational diseases, as well as those relating to pension and survival benefits, acquired under the legislation of one of the Contracting States, may not be suspended or subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting State.
2. Export of benefits referred to in paragraph 1er of this Article due under the law of one of the Contracting States, shall be carried out for the persons referred to in Article 3 of this Convention only if they reside in the territory of the other Contracting State.
3. Retirement and survival benefits, occupational accidents and occupational diseases due under the legislation of one of the Contracting States are paid to nationals of the other Contracting State who reside in the territory of a third State under the same conditions as if they were nationals of the first Contracting State residing in the territory of that third State.
4. With regard to Serbia, paragraphs 1er and 2 of this section shall not apply to the minimum amount of a pension.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in the legislation of a Contracting State, in the event of a cumulative benefit with other social security benefits or with other income or as a result of the exercise of a professional activity, shall be enforceable to the beneficiaries, even if it is a benefit acquired under a scheme of the other Contracting State or if it is an income obtained or a professional activity exercised on the other Contracting State However, this rule is not applicable to the accumulation of two similar benefits.
PART II
Provisions determining the applicable legislation
Article 7
General rules
1. Subject to articles 8 to 11 of this Convention, the applicable legislation shall be determined in accordance with the following provisions:
(1) a person engaged in a work activity as an employee in the territory of a Contracting State shall be subject to the law of that Contracting State even if the employer or enterprise employing that person has his domicile or seat in the territory of the other Contracting State;
(2) a person exercising an independent professional activity in the territory of a Contracting State shall be subject to the law of that State;
(3) a person who is a member of the rolling, navigating or flying personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods by rail, road, aerial or wheelhouse and having its seat in the territory of a Contracting State shall be subject to the law of the latter State.
2. In the event of a simultaneous exercise of an independent professional activity in Belgium and employee in Serbia, the activity carried out in Serbia is assimilated to an employee activity carried out in Belgium, with a view to fixing obligations arising from Belgian legislation relating to the social status of independent workers.
Article 8
Special rules
1. The employee who, being in the service of a company having in the territory of one of the Contracting States an establishment of which he or she normally belongs, shall be detached by that company in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, shall remain, as well as the members of his or her accompanying family, subject to the legislation of the first State as if he or she continued to be occupied in his or her territory provided that the foreseeable period of
2. In the case of the detachment referred to in paragraph 1er of this Article shall continue beyond twenty-four months, the competent authorities of the two Contracting States, or the competent bodies designated by these competent authorities, may agree that the employee shall remain subject only to the law of the first Contracting State. However, this agreement can only be given for an additional period not exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
3. Paragraph 1er this Article shall apply where 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 of the territory of the third country to the territory of the other Contracting State.
4. Where a person subject to the law of a Contracting State and who usually carries on an independent activity in the territory of that Contracting State, ceases to carry on that activity and temporarily exercises such activity or similar independent activity in the territory of the other Contracting State, that person shall remain subject only to the law of the first Contracting State as if it continued to work in the territory of the first Contracting State, provided that the foreseeable duration of the independent activity in the territory of the Contracting State
5. In the event that the independent activity in the territory of the other Contracting State referred to in paragraph 4 of this Article continues beyond the initial period of twenty-four months, the competent authorities of the two Contracting States or the competent bodies designated by these competent authorities may agree that the independent worker shall remain subject only to the legislation of the first Contracting State. However, this extension cannot be granted for a period exceeding thirty-six months. It must be requested before the end of the initial period of twenty-four months.
6. The employee of a transport company having its seat in the territory of one of the Contracting States, which is detached from the territory of the other Contracting State, or is occupied therein either domestically or as travelling personnel, is, as well as the members of its accompanying family, subject to the legislation of the Contracting State in the territory of which the company has its seat. However, where the undertaking has, in the territory of the other Contracting State, a branch or permanent representation, the employee employed by the latter is subject to the legislation of the Contracting State in the territory of which it is located, with the exception of the employee who is sent to it in a non-permanent capacity.
Article 9
Staff members
Officials and assimilated personnel of a Contracting State who are detached from the territory of the other Contracting State to carry out their activities, shall remain, as well as members of their families, subject to the legislation of the first Contracting State.
Article 10
Members of diplomatic missions and consular posts
1. Nationals of the accrediting State sent as members of a diplomatic mission or consular post by that State in the territory of the accreditary State are subject to the legislation of the first State.
2. Persons engaged locally by a diplomatic mission or by a consular post of the accrediting State as members of the administrative and technical staff, consular employees or service personnel, and residing in the territory of the accrediting State, are subject to the legislation of the latter State.
3. When the diplomatic mission or consular post of the accrediting State occupies persons who, in accordance with paragraph 2 of this article, are subject to the law of the accrediting State, the mission or post shall take into account the obligations imposed on employers by the law of the latter State.
4. The provisions of paragraphs 2 and 3 of this section shall apply by analogy to persons occupied in the private service of a person referred to in paragraph 1er of this article.
5. The provisions of paragraphs 1er 4 of this section shall not apply to the honorary members of a consular post or to the persons occupied in the private service of such persons.
6. The provisions of this article shall also apply to family members of persons referred to in paragraphs 1er 4 of this article, living in their home, unless they themselves perform a professional activity.
Article 11
Derogations
The competent authorities may, by mutual agreement, provide for exemptions to the provisions of Articles 7 to 10 of this Convention in the interest of certain persons or categories of persons.
PART III
Special provisions concerning benefits
CHAPTER 1er
Disease and maternity
Article 12
Totalization of insurance periods
For the determination of the opening, retention or recovery of the right to benefits and their duration of grant, the periods of insurance under the law of each of the Contracting States are totaled provided that they do not overlap.
Article 13
Benefits in kind in case of stay in the territory of the other Contracting State
1. A person, who is entitled to benefits in kind under the laws of one of the Contracting States and whose condition is to require immediate health care during a stay in the territory of the other Contracting State, shall be entitled to benefits in kind in the territory of that other Contracting State.
2. In-kind benefits are provided, at the expense of the competent body, by the body of the place of residence according to the provisions it applies, the duration of the benefits being governed by the legislation that the competent body applies.
3. Paragraph 1er of this section does not apply:
(1) where a person visits, without authorization from the competent body, to the territory of the other Contracting State for the purpose of receiving medical treatment therein;
(2) Except in the event of an absolute emergency, the prostheses, the large apparatus and other services of great importance which the list is agreed by the competent authorities.
4. It is up to the body of the place of stay to determine the immediate need for care referred to in paragraph 1er and to note the absolute urgency referred to in subsection 3, paragraph (2), of this section.
Article 14
In-kind benefits for insured persons and family members in case of residence in the territory of the other Contracting State
1. A person, who is entitled to benefits in kind under the laws of one of the Contracting States and who resides in the territory of the other Contracting State, shall, as well as the members of his or her family who also reside there, receive benefits in kind in the territory of that other Contracting State.
2. 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 who reside in the territory of the other Contracting State, shall be entitled to benefits in kind in the territory of that other Contracting State.
3. In-kind benefits are provided, at the expense of the competent body, by the agency of the place of residence according to the legislation it applies.
4. Paragraphs 1er2 and 3 of this Article shall not apply to members of the family if they are entitled to benefits in kind under the laws of the Contracting State in the territory of which they reside.
Article 15
In-kind benefits for detached persons and family members
1. The person who is, pursuant to Articles 8 to 11 of this Convention, subject to the legislation of a Contracting State, and the members of his or her accompanying family, shall be entitled to benefits in kind for the duration of their residence or stay in the territory of the other Contracting State.
2. In-kind benefits are provided, at the expense of the competent body, by the body of the place of residence or residence according to the legislation it applies.
Article 16
In-kind benefits for recipients of disability, old age or survival pensions and for family members
1. The beneficiary of disability, old age or survival or annuity pensions, due under the laws of the two Contracting States, shall benefit for himself and the members of his family benefits in kind in accordance with the laws of the Contracting State in the territory of which he resides and the responsibility of the competent body of that State.
2. The beneficiary of a disability, old age or survival pension or an annuity, due exclusively under the legislation of one of the two Contracting States, which resides in the territory of the other Contracting State, shall, for himself and the members of his family, benefit in kind. In-kind benefits are provided, at the expense of the competent body, by the agency of the place of residence according to the legislation it applies.
Article 17
Benefits in kind in case of stay in the territory of the competent State
1. The persons referred to in paragraphs 1er and 2 of Article 14 and paragraph 2 of Article 16 of this Convention which reside in the territory of Belgium shall be entitled to benefits in kind in the territory of Belgium, to be borne by the competent Belgian body and according to the provisions applicable to the body of the Belgian residence.
2. The persons referred to in paragraphs 1er and 2 of Article 14 and paragraph 2 of Article 16 of this Convention, which reside in the territory of Serbia and whose state is to require immediate health care, shall be entitled to benefits in kind in the territory of Serbia, to the competent Serbian body and in accordance with the provisions of the body of the Serbian place of residence.
Article 18
Refund of benefits in kind
1. The effective amount of in-kind benefits provided under the provisions of Articles 13, 14, 15 and 16, paragraph 2, of this Agreement shall be reimbursed by the competent body to the organization that has served the said benefits, as provided for in the Administrative Arrangement.
2. The competent Belgian authority and the Serbian liaison agency may agree to derogate from the provisions of paragraph 1er of this article.
Article 19
In-kind benefits
Where a person or member of his or her family may claim benefits in kind under the laws of the two Contracting States, the following rules apply:
(1) these benefits shall be borne exclusively by the competent body of the Contracting State in whose territory they are served;
(2) the benefits provided in the territory of a State other than one of the two Contracting States shall be exclusively borne by the competent body of the Contracting State in the territory of which the person or member of his family resides.
Rule 20
Cash benefits for illness
1. The person who fulfils the conditions laid down in the legislation of one of the Contracting States to be entitled to cash benefits, if any, in light of the provisions of Article 12 of this Convention, shall be entitled to such benefits even if it is in the territory of the other Contracting State. Cash benefits are served directly by the competent body whose beneficiary reports. The beneficiary of cash benefits of the Maternity Health Insurance may stay in the territory of the other Contracting State for prior approval by the competent body.
2. The holder of cash benefits under the legislation of a Contracting State may retain the benefit of such benefits if the holder transfers his residence to the territory of the other Contracting State. The transfer of residence may be subject to prior authorization from the competent body. However, this authorization may only be refused if the displacement is not recommended for appropriate medical reasons.
CHAPTER 2
Occupational accidents and diseases
Article 21
Benefits in kind served on the territory of the other Contracting State
1. A person who, due to an accident of work or occupational disease, is entitled to benefits in kind in accordance with the laws of a Contracting State, shall, in the event of a stay or residence in the territory of the other Contracting State, receive benefits in kind.
2. In-kind benefits are provided, at the expense of the competent body, by the body of the place of residence or residence according to the legislation that it applies, the duration of the benefits being governed by the legislation that the competent body applies.
Article 22
Refund of benefits in kind
1. The effective amount of in-kind benefits provided under section 21 of this Agreement shall be reimbursed by the competent body to the organization that served the said benefits, in accordance with the terms and conditions set out in the Administrative Arrangement.
2. The competent Belgian authority and the Serbian liaison agency may agree to derogate from the provisions of paragraph 1er of this article.
Article 23
Taking into consideration previous occupational accidents and diseases
If the legislation of a Contracting State provides that the industrial accidents or occupational diseases that have occurred before are taken into consideration to assess the degree of incapacity for work, industrial accidents and occupational diseases that have occurred before the legislation of the other Contracting State are deemed to have occurred under the legislation of the first Contracting State.
Article 24
Finding of occupational disease
1. Where the victim of a professional illness has engaged in an activity likely to cause the illness under the laws of the two Contracting States, the benefits to which the victim or his survivors may claim are granted exclusively under the laws of the Contracting State in the territory of which the activity was carried out in the last place and subject to the fulfilment of the conditions provided by that legislation, taking into account, where appropriate, the provisions of paragraph 2 of this article.
2. If the award of professional sickness benefits under the legislation of a Contracting State is conditional on the condition that the illness under consideration has been medically recognized for the first time in its territory, that condition shall be deemed to be met when the illness was first found in the territory of the other Contracting State.
Rule 25
Aggravation of occupational disease
Where, in the event of a worsening of a professional illness, a person who has benefited or benefited from a benefit for a professional illness under the laws of one of the Contracting States shall, for a professional illness of the same nature, apply the following rules:
(1) if the person has not exercised employment in the territory of that other State which may cause or aggravate occupational disease, the competent body of the first State shall assume the charge of the benefits, taking into account the aggravation, in accordance with the legislation it applies;
(2) if the person has exercised such employment in the territory of that other State, the competent body of the first State shall be obliged to bear the charge of the benefits, without regard to the aggravation, in accordance with the law that it applies. The competent body of the second State grants the person a benefit whose amount is determined according to the law of that State and which is equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit that would have been due before the aggravation.
CHAPTER 3
Old, death and disability
SECTION 1re
Special provisions concerning Belgian benefits
A - Old age and survivor insurance
Rule 26
Total insurance periods
1. Subject to the provisions of paragraph 2 of this Article, the periods of insurance and the periods assimilated in accordance with Serbian legislation relating to pension insurance shall be totaled as necessary, provided that they do not overlap, with the periods of insurance carried out under Belgian law, for the acquisition, maintenance or recovery of the right to benefits.
2. When Belgian legislation subordinates the granting of certain benefits provided that the insurance periods have been completed in a specified profession, are not totalized, for admission to the benefit of these benefits, only the insurance periods completed or assimilated in the same profession in Serbia.
3. Where Belgian legislation subordinates the granting of certain benefits provided that the insurance periods have been completed in a specified profession and when these periods have not been able to grant such benefits, these periods are considered valid for the liquidation of the benefits provided by the general scheme of employed workers.
4. Where, notwithstanding the application of paragraph 1er of this article the person does not meet the conditions to open the right to benefits, are totaled the insurance periods performed under the legislation of a third State with which the two contracting States are bound, each with respect to it, by a social security agreement providing for the totalization of insurance periods. If only Belgium is bound by a third State by a social security agreement that applies to that person, the insurance periods under the legislation of that third State are totaled.
Rule 27
Calculation of pension and survival benefits
1. When the person meets the conditions required by Belgian legislation to be entitled to benefits without the need for totalisation, the Belgian agency calculates the right to benefit directly on the basis of insurance periods in Belgium and according to Belgian legislation alone. The organization shall also calculate the amount of the benefit that would be obtained by application of the rules set out in subsection 2, points (1) and (2) of this section. The highest amount is only retained.
2. If a person can claim a benefit under Belgian law, whose right is only open in the light of the totalization of insurance periods made in accordance with Article 26 of this Convention, the following rules apply:
(1) the Belgian agency shall calculate the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been fulfilled only under the legislation it applies;
(2) the Belgian agency shall then calculate the amount owing, on the basis of the amount referred to in point (1), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all insurance periods recorded under point (1).
B - Disability insurance
Rule 28
Total insurance periods
For the acquisition, maintenance or recovery of the right to disability benefits, the provisions of Article 26 of this Convention shall apply by analogy.
Rule 29
Calculation of disability benefits
1. If the right to Belgian disability benefits is open only by totalisation of the Serbian and Belgian insurance periods carried out in accordance with Article 28 of this Convention, the amount of the benefit due shall be determined in accordance with the terms set out in Article 27, paragraph 2, of this Convention.
2. Where the right to Belgian disability benefits is open without the need to appeal to the provisions of Article 28 of this Convention, and the amount resulting from the addition of the Serbian benefit and the Belgian benefit calculated under paragraph 1er of this article is less than the amount of the benefit due on the basis of the only Belgian legislation, the competent Belgian agency allocates an equal complement to the difference between the sum of the two above-mentioned benefits and the amount due under the only Belgian law.
Rule 30
Disability benefits during a stay
The holder of a disability benefit of Belgian legislation shall retain the benefit of this benefit during a stay in the other Contracting State, when this stay has been previously authorized by the competent Belgian body. However, this authorization may only be refused when the stay is in the period in which, under Belgian law, the competent Belgian body must conduct the assessment or review of the condition of disability.
C - Common provisions for Belgian old age, survival and disability benefits
Rule 31
New possible calculation of benefits
1. If, due to the increase in the cost of living, the change in the level of wages or other causes of adaptation, Serbian old age, survival or disability benefits are modified by a percentage or amount determined, a new Belgian calculation is not required.
2. In the event of a change in the method of establishment or the rules for calculating Serbian old age, survival or disability benefits, a new calculation of Belgian benefits is made in accordance with Article 27 or 29 of this Convention.
SECTION 2
Special provisions concerning Serbian benefits
Rule 32
Totalization of insurance periods
1. If the Serbian legislation provides for the opening, retention or recovery of the right to benefits for the performance of insurance periods, the Serbian agency shall also take into account, if any, periods of insurance under Belgian law, as if they were fulfilled under the legislation it applies, provided that the periods do not overlap.
2. If the person who, in addition to the application of subsection 1er of this article, does not meet the conditions for admission to benefits, the competent Serbian body also takes into account periods of insurance carried out in a third State with which Serbia has entered into a social security agreement.
3. If Serbian legislation provides for the benefit of a benefit determined for the performance of insurance periods in a particular profession or in a particular occupation or profession subject to a special regime, the Serbian organization also takes into consideration the insurance periods under Belgian law, in the same profession, the same employment or under a corresponding regime.
Rule 33
Setting an independent benefit
If Serbian legislation provides for admission to benefit even without the application of Article 32 of this Agreement, the competent Serbian agency shall only determine the benefit on the basis of the period of insurance, taken into account under the legislation it applies.
Rule 34
Calculation of the proportional portion of the benefit
1. If the Serbian legislation provides for the benefit of benefits only to the application of the provisions of Article 32 of this Convention, the competent body shall:
(1) calculates the theoretical amount of the benefit that would have been payable if the total insurance period, taken into account for the calculation of benefits, had been completed under the legislation it applies. The amount of the benefit that does not depend on the insurance period is considered a theoretical amount;
(2) sets out, on the basis of the amount so calculated, the amount of the benefit on the prorated basis of the insurance period, made exclusively in respect of the legislation it applies, in relation to the total insurance period, taken into account in computing the benefit;
(3) in the case where the total insurance period, taken into account under the provisions of section 32 of this Agreement, is greater than the longest insurance period under the legislation it applies, it shall determine the amount of the benefit on the prorated basis of the insurance period under that legislation in relation to the insurance periods used as the basis for calculating the amount of the full rate benefit.
2. If the amount of the benefit is calculated, on the basis of the salary, contribution count or contribution paid in a specified period of time, the competent Serbian organization shall take into account only the salary, contribution count or contribution paid from the insurance period under the legislation it applies.
SECTION 3
Common provision for Serbian and Belgian benefits
Rule 35
Insurance periods less than 12 months
1. Where the total insurance period for the calculation of the benefit in accordance with the laws of a Contracting State is less than 12 months, the benefit shall not be granted, except where there is, in accordance with these regulations, a right to the benefit based exclusively on that period of insurance.
2. The insurance period referred to in subsection 1er of this Article, on the basis of which the agency of one of the Contracting States shall not grant benefits, shall be taken into consideration by the body of the other Contracting State for the opening, maintenance or recovery of the right to the benefit, as well as for the determination of its amount, as if this period of insurance had been fulfilled in accordance with the legislation it applies.
CHAPTER 4
Family allowances
Rule 36
Determination of the right
1. Where the legislation of a Contracting State provides for the acquisition of the right to family allowances for the performance of insurance periods, the body that applies this legislation shall take into account, as necessary, for the purpose of totalisation, the periods of insurance carried out under the law of the other Contracting State, as if it were periods of insurance carried out under the legislation of the first Contracting State.
2. Persons subject to the legislation of one of the Contracting States shall be entitled to the family allowances provided for in the legislation of the first Contracting State in the territory of the other Contracting State.
3. The beneficiary of a benefit or annuity of old age, disability, work accident or occupational disease under the legislation of a Contracting State shall be entitled to children residing in the territory of the other Contracting State to the family allowances provided for in the legislation of the first Contracting State.
4. The beneficiary of a benefit or annuity of old age, disability, work accident or occupational disease due under the laws of the two Contracting States shall be entitled to children residing in the territory of the other Contracting State other than that in which the beneficiary resides, to the family allowances provided by the legislation of the Contracting State in which the beneficiary of benefits or annuities resides.
5. When a worker died while subjected to the legislation of a Contracting State, the orphan of the Contracting State, who resides in the territory of the other Contracting State, is entitled to the family allowances provided for in the legislation of the first Contracting State.
6. Notwithstanding paragraphs 2 to 5 of this Article, where there is a right to family allowances in accordance with the laws of the two Contracting States, only the legislation of the Contracting State in which the child has his or her residence is applicable.
CHAPTER 5
Unemployment
Rule 37
Total insurance periods
In order to determine the duration of the right to benefits and the amount of such benefits in accordance with the laws of a Contracting State, it shall be taken into account the periods of insurance carried out in accordance with the laws of the other Contracting State, provided that such periods do not overlap with the periods of insurance carried out in accordance with the laws of the first Contracting State.
Rule 38
Taking into account an insurance period in the other State
In the case of application of the provisions of Article 37 of this Convention, the competent body of a Contracting State shall take into account the period during which benefits have been paid by the competent body of the other Contracting State, up to a maximum of twelve months and within the limits established by the law that the competent body of the first Contracting State applies.
PART IV
Miscellaneous provisions
Rule 39
Responsibilities of competent authorities
The competent authorities:
(1) shall determine, by administrative arrangement, the necessary measures for the application of this Convention and shall designate liaison bodies, competent bodies and bodies of the place of residence and place of residence;
(2) define the procedures for administrative assistance and the payment of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(3) shall communicate directly any information concerning the measures taken to implement this Convention;
(4) shall, as soon as possible and directly, communicate any changes to their legislation that may affect the application of this Convention.
Rule 40
Administrative collaboration
1. For the purposes of this Convention, the competent authorities, the liaison agencies and the competent bodies of each of the Contracting States shall lend their good offices, as if it were the application of their own legislation. This mutual assistance is in principle free of charge. However, the competent authorities may agree on reimbursement of certain costs.
2. Medical expertise of persons residing or staying in the territory of the other Contracting State shall be carried out by the body of the place of residence or residence, at the request of the competent body and at its charge. The costs of these medical expertise are not reimbursed, if the expertise has been carried out in the interest of the two contracting States.
3. For the purposes of this Convention, the competent authorities, the liaison agencies and the competent bodies of the Contracting States are empowered to correspond directly with each other and with any person, regardless of their residence. Correspondence may be made in one of the official languages of the Contracting States.
Rule 41
Communication of personal data
1. Organizations of the two Contracting States are authorized to communicate, for the purposes of the application of this Convention, personal data, including data relating to the income of persons whose knowledge is necessary for the organization of a Contracting State for the application of social security legislation.
2. The communication by the agency of a Contracting State of personal data is subject to the data protection legislation of that Contracting State.
3. The preservation, processing or dissemination of personal data by the agency of the Contracting State to which it is communicated shall be subject to the data protection legislation of that Contracting State.
4. The data referred to in this Article shall not be used for any purpose other than the implementation of social security laws.
Rule 42
Tax and legalization
1. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State shall be extended to the documents and documents similar to be produced under the legislation of the other Contracting State.
2. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
Rule 43
Requests, declarations and remedies
1. Requests, declarations or appeals that should have been brought under the law of a Contracting State, within a specified period of time, to an authority, body or jurisdiction of that Contracting State, shall be admissible if they are brought within the same time limit to an authority, body or jurisdiction of the other Contracting State. In this case, the authority, body or jurisdiction so seized shall forthwith transmit such requests, declarations or recourse to the authority, body or jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date on which such requests, declarations or appeals have been filed with an authority, body or jurisdiction of the other Contracting State is considered to be the date on which the competent authority, body or jurisdiction of the first Contracting State is brought.
2. The application for benefits filed with the competent body of a Contracting State shall be deemed, for such benefits, to have been filed with the competent body of the other Contracting State.
3. An application or document may not be rejected because it is written in an official language of the other Contracting State.
Rule 44
Payment of benefits
1. The debtors of benefits under this Convention shall be validly released in the currency of their State.
2. The financial transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements between the two Contracting States.
3. The legislation of a Contracting State in respect of foreign exchange control shall not impede the free transfer of financial amounts resulting from the application of this Convention.
Rule 45
Settlement of disputes
Disputes relating to the interpretation and application of this Convention shall be settled by negotiation between the competent authorities.
Rule 46
Enforcement procedures
1. The enforceable decisions rendered by a tribunal of one of the Contracting States, as well as the enforceable acts rendered by the authority or agency of one of the Contracting States, relating to social security contributions and other requests, including the recovery of undue benefits, are recognized in the territory of the other Contracting State.
2. Recognition may be denied only when it is incompatible with the legal principles or public order of the Contracting State in the territory of which the decision or act must be executed.
3. The procedure for the execution of decisions and acts that have become final must be in conformity with the legislation governing the execution of such decisions and acts of the Contracting State in the territory of which the execution takes place. The decision or act is accompanied by a certificate attesting to its enforceability.
4. The dues shall, in the course of a procedure of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, have the same priority as the equivalent claims in the territory of that Contracting State.
5. Claims to be subject to recovery or forced recovery are subject to the same treatment as claims of the same nature of an organization located in the territory of the Contracting State on which the collection or forced recovery is carried out.
Rule 47
Undue payments
1. If, in the event of the liquidation or revision of benefits under the Convention, the agency of a Contracting State has paid to the beneficiary of benefits an amount that exceeds the amount to which it is entitled, the agency of the other Contracting State may apply to the agency of the other Contracting State, debtor of a corresponding benefit in favour of that beneficiary, to retain the amount paid too much on the recalls of the arrears due to the recipient. The modalities for the application of this provision shall be mutually agreed between the competent bodies of the Contracting States, with the agreement of the respective competent authorities.
2. If the amount paid in excess cannot be retained on the termination reminders, the agency of a Contracting State that has paid to a beneficiary of benefits an amount to which it is not entitled may, under the conditions and limits provided for in the legislation that it applies, request the agency of the other Contracting State, debtor of benefits in favour of that beneficiary, to retain that amount on the amounts it pays to the beneficiary. The body of the other Contracting State shall operate the deduction under the conditions and limits where such compensation is authorized by the legislation that it applies, as if it were amounts served by itself and shall transfer the amount so retained to the creditor body of the first Contracting State.
Rule 48
Cooperation in combating fraud
In addition to the implementation of the general principles of administrative cooperation, the competent authorities of the Contracting States will agree, in an administrative arrangement, on the terms and conditions under which they lend their assistance to combat cross-border fraud related to contributions and social security benefits, in particular with regard to the effective residence of persons, the appreciation of resources, the calculation of contributions and the accumulated benefits.
PART V
Transitional and final provisions
Rule 49
Eventualities prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention shall not open any entitlement to benefits for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit opening in accordance with the provisions of this Convention.
4. This Convention does not apply to rights that have been liquidated by the payment of a lump sum allowance or the reimbursement of contributions.
Rule 50
Revision, prescription, termination
1. Any benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory of the debtor body is at the request of the person concerned, liquidated or restored from the date of entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Agreement, the liquidation of a benefit or annuity shall be revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the law of either Contracting State, relating to the termination or limitation of rights, being enforceable.
4. If the request referred to in paragraphs 1er or 2 of this Article shall be submitted after the expiration of two years after the date of entry into force of this Convention, the rights shall be acquired from the date of the application subject to more favourable provisions of the law of the Contracting State concerned.
Rule 51
Duration and Denunciation
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification transmitted by diplomatic means to the other Contracting State with a notice of twelve months.
Rule 52
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. In addition, the provisions of this Convention shall remain applicable to claims relating to benefits filed before the date of its denunciation.
Rule 53
Entry into force
1. This Convention shall be subject to ratification and shall enter into force on the first day of the third month following the date on which the Contracting States have exchanged their instruments of ratification.
2. On the day of the entry into force of this Convention, with regard to the relations between the two Contracting States, the Convention on Social Security between the FRY RFP and the Kingdom of Belgium signed on 1er November 1954 ceases to exist.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Convention.
DONE in Brussels on 15 July 2010, in duplicate, in the French, Dutch and Serbian language, the three texts being equally authentic.