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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28 FEBRUARY 2014. - Act to approve the Convention on Social Security between the Kingdom of Belgium and Montenegro, made in Brussels on 9 June 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 Montenegro, held in Brussels on 9 June 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: 5-2246.
Annales du Senate: November 7, 2013.
House of Representatives (www.lachambre.be):
Documents: 53-3117.
Full report: 19 December 2013.
(2) Entry into force: 1er 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, agreed as follows.
PART I
General provisions
Article 1
Definitions
1. For the purposes of this Convention:
(a) The term "Montenegro" refers to the State of Montenegro;
The term "Belgium" refers to the Kingdom of Belgium.
(b) The term "citizen" means:
With regard to Montenegro: a person with Montenegrin nationality;
With regard to Belgium: a person with Belgian nationality.
(c) The term "legislation" means: the laws and regulations concerning social security referred to in Article 2 of this Convention.
(d) The term "competent authority" means:
With regard to Montenegro: the Ministries responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1er of this Convention;
With regard to Belgium: the Ministers responsible, each with respect to it, of the application of the legislation referred to in Article 2, paragraph 1er of this Convention.
(e) The term "organism" means: the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1er of this Convention.
(f) The term "insurance period" means: any period recognized as such by the legislation under which this period was completed, as well as any period assimilated recognized by this legislation.
(g) The term "delivery" means: any provision in kind or in cash provided for in the legislation of each of the Contracting States, including any supplements or increases that are applicable under the legislation referred to in Article 2 of this Convention.
(h) The term "family allowances" means:
With regard to Montenegro: periodic cash benefits granted under the laws of Montenegro;
With respect to Belgium: periodic cash benefits granted according to the number and age of children, excluding other supplements or increases.
(i) The term "family member" means: any person defined or admitted as a member of the family or designated as a member of the household by the legislation under which benefits are served, or in the case referred to in article 14 of this Convention, by the legislation of the Contracting State in whose territory it resides.
(j) The term "survivor" means: any person defined or admitted as such by the legislation under which benefits are served.
(k) The term "residence" means the usual stay.
(l) The term "stay" means: 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 Montenegro, the relevant legislation:
(a) health insurance;
(b) pension insurance;
(c) occupational accident and disease insurance;
(d) compensation in unemployment;
(e) child protection and maternity;
- with regard to Belgium, the relevant legislation:
(a) sickness and maternity insurance for workers and self-employed persons;
(b) occupational accidents and diseases;
(c) retirement and survival pensions for workers and self-employed persons;
(d) the disability insurance of employed workers, merchant navy sailors and minor workers and self-employed workers;
(e) Family benefits of workers and self-employed persons;
(f) unemployment insurance.
2. This Convention will also apply to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1er of this article.
3. It shall apply to legislative or regulatory acts that extend 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 acts.
4. This Convention shall not apply to legislative or regulatory acts 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 of the Contracting States and to members of their families and survivors.
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
Receipt of residential clause
1. Unless otherwise provided in this Convention, the benefits in cash in the event of illness, disability benefits, occupational accidents and occupational diseases, as well as those relating to retirement and survival pensions, acquired under the legislation of one of the Contracting States, may not be suspended or reduced or amended by the fact that the beneficiary resides or stays 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 the 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 Montenegro, the provisions of paragraphs 1 and 2 of this article do not apply to the minimum 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 the benefit is acquired under a regime of the other State or if it is income obtained or a professional activity exercised on the State.
However, this provision does not apply to disability, old age and death benefits that are liquidated in accordance with the provisions of 27, 29 and 34 of this Agreement.
PART II
PROVISIONS FOR THE APPLICABLE LEGISLATION
Article 7
General rules
Subject to articles articles articles 8 to 11 of this Convention, the applicable legislation shall be determined in accordance with the following provisions:
(a) a person engaged in a professional activity 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;
(b) a person exercising an independent professional activity in the territory of a Contracting State shall be subject to the law of that State;
(c) a person who is a member of the rolling or navigating personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods by rail, road, air or ferry and having its seat in the territory of a Contracting State shall be subject to the law of the latter State.
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 can only be granted for a period not 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 therein as non-permanent.
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, 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 1 of this section.
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
Competent authorities may, by mutual agreement, provide for exemptions from the provisions of Articles 7 to 10 of this Convention in the interest of certain insured persons or certain categories of insured persons.
PART III
Special provisions concerning benefits
Chapter 1
Disease and maternity
Article 12
Total
For the opening, retention or recovery of the right to benefits and their duration of grant, the periods of insurance under the laws of each State are totalized as long as 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, on behalf of the competent body, by the body of the place of residence according to the provisions it applies, the period of grant of benefits being, however, governed by the law of the competent State.
3. Paragraph 1er does not apply:
(a) where a person travels, without authorization from the competent body, to the territory of the other Contracting State for the purpose of receiving medical treatment;
(b) except in the event of an absolute emergency, prosthesis, large-scale equipment and other services of great importance, the list of which 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 1eras well as the absolute urgency referred to in paragraph 3 of this section.
Article 14
In-kind benefits for beneficiaries 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 and who resides 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 on behalf of the competent body by the agency of the place of residence according to the provisions 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 workers
1. The person who is, under Articles 8 to 11, subject to the law of a Contracting State, and the members of his or her family accompanying him, shall be entitled to benefits in kind for the duration of their stay or residence in the territory of the other Contracting State.
2. In-kind benefits are provided on behalf of the competent body by the body of the place of residence or residence according to the provisions it applies.
Article 16
In-kind benefits for persons with disabilities, old age or survival benefits and their family members
1. The holder of disability, old-age or survival benefits or annuities, due under the laws of the two Contracting States, shall, for himself and the members of his family, receive benefits in kind in accordance with the law of the State in the territory of which he resides and the responsibility of the competent body of that State.
2. The holder of a disability benefit, an old-age or survival pension or annuity, due exclusively under the legislation of one of the two Contracting States, which resides in the territory of the other Contracting State, shall be entitled to in-kind benefits for himself and his family members. In-kind benefits are provided on behalf of the competent body by the agency of the place of residence according to the provisions it applies.
Article 17
Benefits in kind in case of stay in the territory of the competent State
The persons referred to in Article 14, paragraph 2, and Article 16, paragraph 2, of this Convention who reside in the territory of the competent Contracting State shall be entitled to benefits in kind in the territory of that State, to the charge of that State and in accordance with the provisions applicable to the body of the 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 Convention, shall be reimbursed by the competent body to the organization that has served the said benefits, as provided for in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1er or agree on another method of reimbursement.
Article 19
In-kind benefits
1. Where a person or member of his or her family may claim benefits in kind under the two laws concerned, the following rules apply:
(a) these benefits shall be borne exclusively by the agency of the Contracting State in whose territory they are served;
(b) where benefits are served in the territory of another State than the two Contracting States, they shall be solely dependent on the body of the Contracting State in the territory of which the Contracting State resides.
2. Where a person or a member of his or her family may claim benefits in kind under the law of a single Contracting State, such benefits shall be paid exclusively to the body of that Contracting State.
Rule 20
Cash benefits for illness
1. The person who fulfils the conditions laid down in the relevant State legislation to be entitled to cash benefits, possibly taking into account the provisions of Article 12 of this Convention, shall be entitled to such benefits even if it is in the territory of the other State. Cash benefits are served directly by the competent body whose beneficiary reports. The beneficiary of cash benefits of health insurance - maternity 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 debtor State of benefits may require that the transfer of residence 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, on behalf of the competent body, by the body of the place of residence or residence according to the provisions it applies, the duration of the grant of benefits being, however, governed by the law of the competent State.
Article 22
Refund of benefits in kind
1. The effective amount of in-kind benefits provided under Article 21 of this Convention shall be reimbursed by the competent body to the organization that has served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1er or agree on another method of payment.
Article 23
Taking into account previous occupational accidents and diseases
If the legislation of a Contracting State explicitly or implicitly provides that the industrial accidents or occupational diseases that have occurred prior to the contracting State shall be taken into consideration to assess the degree of disability, occupational accidents and occupational diseases that have occurred before the law of the other Contracting State shall be 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 carried out an activity that may cause the illness under the law of the two Contracting States, the benefits to which the victim or his survivors may claim are granted exclusively under the law of the State in whose territory the activity was carried out in the last place and subject to the fact that the person concerned meets the conditions provided for in 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 an aggravation of a professional illness, a person who has benefited or has benefited from compensation 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:
(a) If the person has not exercised in the territory of the person The state of employment likely to cause occupational disease or worsen it, the competent body of the first State is obliged to take charge of the benefits, taking into account the worsening, according to the provisions of the legislation it applies;
(b) If the person has exercised such employment in the territory of the latter State, the competent body of the first State is obliged to assume the charge of the benefits, without regard to the aggravation, according to the provisions of the legislation that it applies; the competent body of the second State grants the person an additional amount determined according to the law of that State and equals 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
1. Subject to the provisions of paragraph 2 of this article, the periods of insurance and the periods assimilated in accordance with Montenegrin 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 Montenegro.
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, the person does not meet the conditions to open the right to benefits, are totaled the insurance periods 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 also calculates the amount of the benefit that would be obtained by application of the rules set out in paragraph 2, littera (a) and (b) 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:
(a) The Belgian agency calculates the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been completed only under the legislation it applies;
(b) the Belgian agency then calculates the amount due, on the basis of the amount referred to in littera (a), 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 littera (a).
B - Disability insurance
Rule 28
Total
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 Montenegrin 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 and conditions established by 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 Montenegrin 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 reasons of accommodation, Montenegrin 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 old age, survival or disability benefits Monténégrines, a new calculation of Belgian benefits is made in accordance with article 27 or 29 of this Convention.
SECTION II
Special provisions concerning old-age, disability and death benefits
Rule 32
Totalization of insurance periods
1. If, under Montenegrin legislation, a person does not meet the prerequisites for the opening of a right to pension and disability insurance benefits, the insurance periods under Belgian law shall be taken into account if they do not overlap.
2. Where, even in the case of application of paragraph 1er of this article, the person does not meet the conditions for entitlement to benefits, the Montenegrin agency shall take into account periods of insurance carried out in a third State with which Montenegro has signed a social security agreement.
Rule 33
Calculation of benefit without totalization of insurance periods
If the person meets the conditions set out in Montenegrin legislation that opens the right to benefits, the competent Montenegrin agency defines the amount of benefits exclusively on the basis of the insurance periods provided for in the legislation that the latter applies.
Rule 34
Calculation of the benefit with totalization of insurance periods
1. If a person can claim a benefit on the sole basis of Article 33 of this Convention, the competent Montenegrin agency shall define the amount of benefits as follows:
(a) the Montenegrin organization calculates the theoretical amount of the benefit that would be payable if all insurance periods were completed only under Montenegrin legislation;
(b) the Montenegrin organization calculates the amount due, on the basis of the amount referred to in littera (a), to the prorated duration of the insurance periods under the only Montenegrin legislation in relation to the duration of all insurance periods;
(c) where the entire period of insurance, under the provisions of Article 33 of this Convention, is longer than the longest period provided for in Montenegrin legislation, the organization calculates the amount of benefits in the prorated period of the insurance period carried out under that legislation and the longest period of insurance that is the basis for calculating the amount of benefits.
2. To calculate the amount of benefits provided in paragraph 1er of this section, the competent Montenegrin agency shall only take into account the Montenegrin revenues that have been used as a basis for calculating the contribution for the only insurance periods that have been made in accordance with Montenegrin legislation.
SECTION III
Provisions common to Belgian and Montenegrin services
Rule 35
Insurance periods below one year
Notwithstanding the provisions of articles 26, 28 and 32, in the cases referred to in article 27 (2), article 29, paragraph 1er and in Article 34, no disability, old age or survival benefit is payable by the competent body of one of the Contracting States where the insurance periods under its legislation, prior to the realization of the risk, do not, as a whole, reach a year. In this case, the competent body of the other Contracting State shall bear the full charge of the benefits to which the insured person is entitled in accordance with the legislation that the insured person applies and taking into account all insurance periods.
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 a need for the totalization of insurance periods under the law of the other Contracting State, as if it were insurance periods under the law 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 holder 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 holder of a benefit or annuity of old age, disability, work injury or occupational illness 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 holder resides, to the family allowances provided for in the legislation of the Contracting State in which the holder of benefits or annuities resides.
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 in the legislation of the Contracting State to the legislation of which the deceased was subjected in the last place and under the conditions covered by that legislation.
6. The unemployed worker who benefits from unemployment benefits under the legislation of a Contracting State shall be entitled, for children residing in the territory of the other Contracting State, to the family allowances provided for in the legislation of the first Contracting State.
7. Notwithstanding paragraphs 2 to 6 of this article, where a right to family allowance is opened in the two Contracting States, the State in which the child resides shall be deemed to be the competent State with the charge of family allowances served in accordance with its legislation.
Section 5
Unemployment
Rule 37
Totalization of insurance periods
1. If the legislation of a Contracting State provides for the acquisition, maintenance or recovery of the right to benefits for the performance of periods of insurance or employment, the agency that is responsible for the application of this legislation shall take into account, to the extent necessary, for the purpose of totalisation, periods of insurance or employment carried out as an employee under the law of the other Contracting State as if it were insurance or if it were insurance
2. The agency of the Contracting State, whose legislation provides for the acquisition, maintenance or recovery of the right to benefits for the performance of insurance periods, shall only take into account the periods of employment in the other Contracting State provided that such periods are considered as periods of insurance if they had been fulfilled under the legislation it applies.
3. The application of the provisions of paragraphs 1er and 2 of this Article shall be subject to the condition that the person concerned has completed, in the last place, periods of employment or, in the case of paragraph 2, periods of insurance according to the laws of the Contracting State under which the benefits are sought and that he has carried out under this legislation a professional activity as an employee for at least twenty-six weeks in the last twelve months preceding his application. Paragraph 1er applies notwithstanding the termination of employment, without fault of the employee, before the completion of the twenty-six weeks, when the employment was intended to last longer.
Rule 38
Taking into account an insurance period in the other State
1. In the case of the application of Article 37, the competent Montenegrin agency reduces the duration of the benefit of the period during which the competent Belgian agency has paid benefits in the last 12 months prior to the claim for benefit.
2. In the event of the application of the provisions of Article 37, the competent Belgian body shall take into account, as appropriate, to determine the period of grant and the amount of benefits, of the period during which benefits were paid by the competent Montenegrin agency, up to a maximum of twelve months and within the limits established by the legislation it applies.
PART IV
Miscellaneous provisions
Rule 39
Responsibilities of competent authorities
The competent authorities:
(a) Take, by administrative arrangement, the necessary measures for the application of this Convention and designate liaison bodies, competent bodies and bodies of the place of residence and place of residence;
(b) define the administrative mutual assistance procedures and the payment of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) notify, as soon as possible and directly, 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 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 assistance is in principle free of charge; However, the competent authorities may agree on the 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 competent bodies and the liaison bodies of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her 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 these requests, declarations or appeals have been filed with an authority, body or jurisdiction of the other Contracting State shall be deemed to be the date on which the authority, body or jurisdiction competent to hear them.
2. The application for benefits to the competent body of a Contracting State shall also be admissible, for such benefits, by 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 transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements between the two Contracting States.
3. The provisions of a Contracting State ' s foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Convention.
Rule 45
Settlement of disputes
Disputes between agencies, relating to the interpretation and application of this Convention, will 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, that agency may request the agency of the other debtor State from a corresponding benefit in favour of that beneficiary, to retain the amount paid in excess of the recalls of the arrears due to the recipient.
The terms and conditions for the application of this provision will be mutually agreed between the competent Belgian and Montenegrin authorities.
If the amount paid in excess cannot be retained on checks, the provisions of paragraph 2 shall apply.
2. Where an organization of a Contracting State has paid an amount to a beneficiary of benefits to which it is not entitled, the organization may, under the conditions and limits provided for in the legislation it applies, request the agency of the other Contracting State, debtor of benefits to that beneficiary, to retain the amount on the amounts it pays to the beneficiary. The latter body operates the deduction under the conditions and limits where such compensation is authorized by the legislation it applies, as if it were to be served by itself and transfers the amount so retained to the creditor body.
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 granting 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 entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, 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 provisions of the legislation of either Contracting State, relating to the determination or limitation of the rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1er or 2 of this article shall be submitted after the expiration of a period of two years following the entry into force of this Convention, the rights which are not subject to a termination or are not prescribed 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
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification addressed to the other Contracting State with a twelve-month notice.
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 guaranteed. Contracting States shall make arrangements with respect to acquisition rights.
Rule 53
Entry into force
1. This Convention shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Contracting States has served the other Contracting State that the formalities required for the entry into force of this Convention are fulfilled.
2. On the day of the entry into force of this Convention, with regard to relations between the two Contracting States, the Social Security Convention signed on 1er November 1954 between the FPR of Yugoslavia and the Kingdom of Belgium ceases to exist and is replaced by this Convention.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in Brussels on 9 June 2010, in double copy, in French, Dutch and Montenegrin, the three texts being equally authentic.