Law Approving The Convention On Social Security Between The Kingdom Of Belgium And Montenegro, Done At Brussels On June 9, 2010 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et le Monténégro, faite à Bruxelles le 9 juin 2010 (1) (2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015082&caller=list&article_lang=F&row_id=700&numero=741&pub_date=2014-05-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-22 Numac: 2014015082 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 Montenegro, done at Brussels on June 9, 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 Montenegro, done at Brussels on 9 June 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, Mrs.
TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2246.
Annals of the Senate: November 7, 2013.
House of representatives (www.lachambre.be): Documents: 53-3117.
Full record: 19 December 2013.
(2) entry into force: 1 June 2014.
CONVENTION on social security between the Kingdom of Belgium and Montenegro. the Kingdom of Belgium and Montenegro, animated by the desire to settle the mutual relations between the two States in the field of social security, have agreed to the following.
TITLE I provisions General Article 1 Definitions 1. For the purposes of this Convention: (a) "Monténégro" means: the State of Montenegro.
"Belgium" means: the Kingdom of Belgium.
(b) the term "national" means: in relation to Montenegro: a person who has Montenegrin citizenship;
With regard to the Belgium: a person who has the Belgian nationality.
(c) the term 'legislation' means: the laws and regulations on social security referred to in article 2 of this Convention.
(d) the term "competent authority" means: in relation to Montenegro: ministries, each in relation to the application of the legislation referred to in article 2, paragraph 1 of the present Convention;
With regard to the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1 of the present Convention.
(e) the term "organization" means: the institution, organization or authority to apply, in whole or in part, the laws referred to in article 2, paragraph 1 of the present Convention.
(f) the term "period of insurance" means: any period recognized as such by the legislation under which this period has been completed, as well as any similar period recognized by this legislation.
(g) "benefit" means: any benefits in kind or in cash provided by the legislation of each Contracting State including all supplements or increases which are applicable under the laws referred to in article 2 of this Convention.
(h) the term "family allowances" means: in relation to Montenegro: periodic benefits granted under the legislation of Montenegro;
With regard to the Belgium: periodic cash benefits granted according to the number and age of children, excluding other supplements or increases.
(i) the term 'member of the family' means: any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which the benefits are provided, or in the case referred to in article 14 of the Convention, by the legislation of the State on whose territory she resides.
(j) the term "survivor" means: any person defined or recognized as such by the legislation under which the benefits are provided.
(k) the term 'residence' means: the habitual residence.
(l) the term 'residence' means: the 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 shall apply:-as regards Montenegro, the laws on: has) insurance disease;
(b) to insurance pension.
(c) to insurance accidents at work and occupational diseases;
(d) to the unemployment cash benefit;
(e) for the protection of childhood and maternity;
(-with regard to Belgium, to the legislation concerning: has) to insurance sickness and maternity of salaried workers and the self-employed;
(b) to accidents of work and occupational diseases;
(c) to the pensions and survival of salaried workers and the self-employed;
(d) to disability insurance of salaried workers, sailors of the Merchant Navy and miners as well as self-employed individuals;
(e) to family benefits for employees and self-employed persons;
(f) to unemployment insurance.
2. this Convention shall also apply to all legislative or regulatory acts which amend or supplement the laws listed in paragraph 1 of this article.
3. it will apply to the legislative or regulatory acts which will 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 acts.
4. the Convention is not applicable to legislative or regulatory acts 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 or who have submitted to the legislation of one Contracting States as well as to members of their families and their survivors.
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 lift of the residence clause 1. Unless this agreement provides otherwise, cash sickness benefits, invalidity, work injury benefits professional, as well as those relating to retirement and survival pensions acquired under the legislation of one of the Contracting States to cannot be suspended, or undergo any reduction or amendment that the recipient is residing or staying 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 Montenegro, the provisions of paragraphs 1 and 2 of this article shall not apply to the minimum 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 State or if it obtained income or a professional activity in the territory of the other State.
However, this provision does not apply to invalidity, old age and death benefits which are paid in accordance with the provisions of 27, 29 and 34 of the convention.
Title II provisions determining the LEGISLATION APPLICABLE Article 7 General rules subject to articles blogs blogs articles 8 to 11 of the present Convention, the applicable law is determined in accordance with the following provisions: a) the person exercising a professional activity 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;
(b) a person who carries out an independent professional activity in the territory of a Contracting State is subject to the legislation of that State;
(c) a person who is part of the browsing of a company engaged in international transport for hire or reward or for its own account, or wheelchair personnel

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.
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 not 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 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 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 interests of certain insured persons or certain categories of insured persons, derogations from the provisions of articles blogs blogs articles 7 to 10 of the present Convention.
Title III special provisions concerning benefits Chapter 1 sickness and maternity Article 12 aggregation for the opening, retention or recovery of the right to benefits and their duration of grant, periods of insurance completed under the legislation of each State are 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 shall be provided, on behalf of the competent authority, by the Agency of the place of stay in accordance with applied, the duration of benefits is however governed by the legislation of the competent State.
3. paragraph 1 shall not apply: a) where a person makes, without authorization from the competent agency, the territory of the other Contracting State in order to receive medical treatment;
(b) except in absolute emergencies, to 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, as well as to see the extreme urgency referred to in paragraph 3 of this article.
Article 14 benefits in kind for beneficiaries 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 and who are resident in 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 provided, on behalf of the competent authority, by the Agency of the place of residence in accordance that it applies.
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 posted workers 1. The person who is, under articles blogs blogs articles 8 to 11, 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 stay or their residence in the territory of the other Contracting State.
2. the benefits in kind are provided, on behalf of the competent authority, by the Agency of the place of stay or residence in accordance that it applies.
Article 16 benefits in kind for invalidity, old age and survival benefits holders and their family members 1.
The holder of invalidity benefits, old age and survival pensions or annuities, due under the laws of both Contracting States, benefits for himself and members of his family to benefits in kind under the legislation of the State in whose territory he resides and the responsibility of the competent authority of that State.
2 the holder of an invalidity benefit, old-age pensions or survival or annuity, due exclusively under the legislation of one

of the two Contracting States, who resides in the territory of the other Contracting State, benefits for himself and members of his family to benefits in kind. Benefits in kind are provided, on behalf of the competent authority, by the Agency of the place of residence in accordance that it applies.
Article 17 benefits in kind in case of stay on the territory of the competent State the persons referred to in paragraph 2 of article 14 and paragraph 2 of article 16 of the Convention who are staying in the territory of the Contracting State competent receive benefits in kind in the territory of that State, to the charge and according to the provisions applied by the Agency of the place of stay.
Article 18 refund of benefits in kind 1. The amount effective of the benefits in kind provided pursuant to articles blogs items 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 authorities may decide by mutual agreement the waiver of all or part of the refund referred to in paragraph 1 or agree among themselves to another mode of repayment.
Article 19 support for benefits in kind 1. Where a person or a member of his family is entitled to benefits in kind under the two legislations concerned, the following rules shall apply: a) these benefits are exclusively in charge of the Agency of the Contracting State on the territory of which they are served.
(b) where the benefits are provided in the territory of a State other than the two Contracting States, they are exclusively in charge of the Agency of the Contracting State on the territory of which resides the person concerned.
2. where a person or a member of his family is entitled to benefits in kind under the legislation of one Contracting State, these benefits are exclusively in charge of the Agency of that Contracting State.
Article 20 benefits cash sickness 1. The person who fulfils the conditions laid down by the legislation of the competent State for entitlement to 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 State. Cash benefits are served directly by the competent body responsible for the beneficiary. The beneficiary of cash benefits for sickness - maternity may reside within 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 debtor State of benefits may require that the transfer of residence is 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 shall be provided, on behalf of the competent authority, by the Agency of the place of stay or residence in accordance that it applies, the duration of benefits is however governed by the legislation of the competent State.
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 authorities may decide by mutual agreement the waiver of all or part of the refund referred to in paragraph 1 of this article or agree among themselves to another mode of payment.
Article 23 taking into account accidents of labour and occupational diseases previously if the legislation of a State contractor provides explicitly or implicitly that work accidents or occupational diseases which occurred previously are taken into consideration in assessing the degree of disability, 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, benefits to which the victim or his survivors may claim shall be granted exclusively in respect of the legislation of the State in 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 compensation for an 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 (: a) if the person has not been the territory of the latter State employment 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, according to the provisions of the legislation which it administers;
(b) if the person has exercised on the territory of the latter State such employment, the competent body of first State shall assume the cost of the benefits under the provisions of the legislation which it administers; not taking into account the aggravation
the competent body of the second State gives the person a supplement 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 totaling 1. Subject to the provisions of paragraph 2 of this article, insurance periods and periods treated as such completed in accordance with the Montenegrin legislation to pension insurance shall be aggregated as necessary, on condition that they do not overlap with periods of insurance completed under Belgian legislation, with a view to 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 Montenegro.
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 application of paragraph 1, the person does not meet the conditions for open the right to benefits, periods of insurance completed under the legislation of a third State with which both Contracting States are linked, each in relation to, are totaled 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 benefits for retirement and survival 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, littera

(a) and (b)) 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 apply: a) 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;
(b) the Belgian organisation then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
B disability Article 28 totaling for the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 26 of the Convention shall apply by analogy.
Article 29 calculation of invalidity benefits 1. If the entitlement to Belgian disability benefits is opened only by aggregation of insurance periods Montenegrin Belgian and carried out in accordance with article 28 of the Convention, the amount of the benefit payable is determined according to the rules laid down by article 27, paragraph 2, of the 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 Montenegrin 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 reasons for adjustment, old-age benefits, survival or disability Montenegrin are altered by a percentage or amount determined, there is no place to a new Belgian calculation.
2. in the event of a change in the mode of establishment or to the rules of calculation of benefits of old age, survival or disability Montenegrin, a recalculation of Belgian benefits is made pursuant to section 27 or 29 of the Convention.
SECTION II the special provisions concerning Montenegrin benefits of old age, invalidity and death Article 32 totalization of insurance periods 1. If, under Montenegrin law, a person does not fulfil the preconditions for the opening of a right to pension and disability insurance benefits, we take into account the periods of insurance completed under Belgian law, if they do not overlap.
2. where, even in the case of application of paragraph 1 of this article, the person does not meet the conditions eligible for benefits, the montenegrin Agency will take account of insurance periods completed in a third State with which Montenegro has signed a social security agreement.
Article 33 the benefit without aggregation of periods of insurance if the person meets the conditions laid down by the Montenegrin legislation opening the entitlement to benefits, the montenegrin body defines the amount of the benefits exclusively on the basis of the periods of insurance under the legislation that the latter applies.
Article 34 the calculation of the benefit with aggregation of insurance periods 1. If a person can claim a benefit on the basis of article 33 of this Convention, the competent montenegrin body sets the amount of the benefits in the following way: a) the montenegrin agency calculate the theoretical amount of the benefit that would be due if all the insurance periods had been completed only under the Montenegrin legislation;
b) the montenegrin Agency calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of periods of insurance completed under the only Montenegrin legislation compared to the duration of insurance periods;
(c) when the period of insurance, under the provisions of article 33 of this Convention, is longer that the longest period under Montenegrin law, the Agency calculates the amount of the benefit in proportion to the period of insurance completed under that legislation and the longest insurance period which is the basis for calculating the amount of benefits.
2. to calculate the amount of benefits provided for in paragraph 1 of this article, the montenegrin competent body considers only montenegrins income which served as the basis for calculating the contribution for the only periods of insurance completed in accordance with the Montenegrin legislation.
SECTION III common provisions for Belgian benefits and Montenegrin section 35 periods less than one year notwithstanding the provisions of articles blogs blogs articles 26, 28 and 32, in the cases referred to in article 27, paragraph 2, article 29, paragraph 1, and article 34, no disability, old-age or survivor benefit is due by the body of one of the Contracting States when periods of insurance completed under the legislation prior to the materialisation of the risk, do not, as a whole, a year. In this case, the competent agency of the other Contracting State supports the load of the benefits to which the insured is entitled in accordance with the legislation which it administers, taking account of all of the periods of insurance.
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 necessary for the purposes of aggregation 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 holder of a provision 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 holder of a provision 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 the licensee, to the family allowances provided for by the legislation of the Contracting State where lies the holder of benefits or annuities.
5. the orphan of a deceased worker who was subject to the legislation of a Contracting State and who resides in the territory of the other Contracting State shall be entitled to the family allowances provided for by the legislation of the Contracting State to the legislation of which the deceased was submitted last and under the conditions set by this law.
6. the unemployed worker benefiting from unemployment benefits under the legislation of a Contracting State to is entitled, for 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.
7. Notwithstanding paragraphs 2 to 6 of this article, when a right to family allowances is opened in both Contracting States, the State where the child resides is considered be the competent State in charge of family allowances in accordance with its legislation.
Chapter 5 unemployment section 37 totalization of insurance periods 1. If the legislation of a Contracting State makes the acquisition, retention or recovery of the right to the completion of periods of insurance or employment benefits, the body which is responsible for the implementation of this legislation takes into account therefor, to the extent necessary for the purpose of totalization, periods of insurance or employment completed as an employed person under the legislation of the other Contracting State as periods of insurance or employment completed under the legislation which it administers.
2.

The Agency of the Contracting State whose legislation makes the acquisition, retention or recovery of the right to the completion of periods of insurance benefits, is required to take into account periods of employment completed in the other Contracting State that provided that these periods are considered as periods of insurance if they had been completed under the legislation which it administers.
3. the application of the provisions of paragraphs 1 and 2 of this article shall be subject to the condition that the person concerned has completed Lastly of periods of employment or, in the case of paragraph 2, periods of insurance under the legislation of the Contracting State under which benefits are requested and he has done under this legislation an occupation worker employed for twenty-six weeks at least during the 12 months preceding its application. Paragraph 1 shall apply notwithstanding the cessation of employment, through no fault of the employee, before the completion of twenty-six weeks, when this job was designed to last longer.
Article 38 consideration of an insurance period in another State 1. In the case of the application of article 37, the montenegrin body reduces the duration of the benefit of the period during which the Belgian competent authority paid benefits during the twelve months immediately preceding the application for delivery.
2. in case of application of the provisions of article 37, the Belgian competent authority takes into account, if appropriate, to determine the duration of grant and the amount of the benefits, of the period during which benefits were paid by the montenegrin body, up to a maximum of twelve months and within the limits laid down by the legislation which it administers.
Title IV provisions various Article 39 responsibilities of the competent authorities the competent authorities: has) take, by administrative arrangement, the measures necessary for the implementation of this Convention and shall appoint liaison bodies, relevant bodies and organizations of the place of residence and the place of stay;
(b) 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;
(c) communicate directly all information concerning the measures taken for the application of this Convention;
(d) 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 and the competent bodies of each of the Contracting States reciprocally lend their good offices, as if it were the application of their own legislation. This assistance is in principle free of charge; 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, the competent bodies and the liaison of the contracting 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 competent jurisdiction to learn.
2. the claim for benefits submitted to the competent authority of a Contracting State is also admissible, to corresponding benefits, by 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. transfers resulting from the application of the present Convention are held in accordance with the agreements in force on this matter between the two Contracting States.
3. the provisions of the legislation of a State Contracting monitoring Exchange cannot impede the free transfer of the financial amounts resulting from the application of this Convention.
Article 45 settlement of disputes disputes between bodies, relating to the interpretation and the 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 Agency 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 the Agency of the other debtor State of a corresponding to this beneficiary benefit, to withhold the amount overpaid on recalls of the arrears owed recipient audit.
Detailed rules for the application of this provision will be adopted by mutual agreement between the competent Belgian and Montenegrin authorities.
If the amount paid in too cannot be retained on the arrears recalls, the provisions of paragraph 2 shall apply.
2. If a State agency contracting paid to a beneficiary of

benefits a sum to which he was not entitled, this organization may, within 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 retain said sum on the amounts they pay recipient audit. This last organism 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 withheld to the creditor body.
Article 48 Cooperation in the fight against fraud in addition to the implementation of the General principles of administrative cooperation, the competent authorities of the Contracting States shall agree, in an administrative arrangement, detailed rules according to which they lend their contest to combat cross-border fraud relating to contributions and social security benefits, in particular with regard to the actual place of residence of persons 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 granting 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, liquidated or restored from the 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 provisions of the legislation of one or the other State Contracting relating to the forfeiture or the prescription of rights, are prejudicial to the persons 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 entry into force of this Convention, the rights which are not stricken forfeited or which are not prescribed are acquired from the date of the application, subject to more favourable provisions of the legislation of the State Contracting in question.
Article 51 duration this agreement is concluded for an indefinite period. It may be denounced by one of the Contracting States by a written notification addressed 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 guaranteed. The Contracting States will take arrangements in relation to the rights in the process of acquisition.
Article 53 entry into force 1. This Convention shall enter into force the first day of the third month following the date of receipt of the note by which the last of the two Contracting States will be served to the other Contracting State that the formalities legally required for the entry into force of this Convention have been completed.
2. the day of the entry into force of this Convention, as regards relations between the two Contracting States, the Convention on social security signed November 1 November 1954 between the R.F.P. of Yugoslavia and the Kingdom of Belgium ceases to exist and is replaced by this Convention.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at Brussels, 9 June June 2010, in duplicate, in French, Dutch and Montenegrin, the three texts being equally authentic.