Resolução da Assembleia da República n.º 8/2009 — Aprova a Convenção entre a República Portuguesa e a Roménia sobre Segurança Social, assinada em Bucareste em 1 de…

1 - The competent authorities of both Contracting States:

2 - For the purposes of implementing this Agreement, the competent authorities and the competent institutions of both Contracting States shall lend their good office, as well as the necessary technical and administrative assistance, free of charge, as if they were implementing their own legislation.

3 - For the purposes of granting benefits exclusively due by either Contracting State to nationals of a third State under other international instruments binding that State, the other Contracting State shall lend its good offices, as well as the necessary technical and administrative assistance, by providing the necessary information on the affiliation and insurance record of the person concerned that are or have been subject to its legislation, according to the provisions to be established in the administrative arrangement mentioned in paragraph 1, subparagraph a) of this article.

4 - For the purposes of implementing this Agreement, the competent authorities and the competent institutions of both Contracting States may communicate directly with one other and with the persons concerned or their representatives.

5 - For the purpose of implementing this Agreement, the authorities and the institutions of both Contracting States may communicate with each another directly in their official languages or in English.

Article 32

Protection of personal data

1 - The communication of personal data between the competent authorities or institutions of the Contracting States under this Agreement or under the administrative arrangements mentioned in article 31, paragraph 1, subparagraph a), of this Agreement shall be subject to the data protection legislation of the Contracting State transmitting them.

2 - Any communication, storage, alteration and destruction of the data by the authority or institution of the receiving Contracting State shall be subject to the data protection legislation of that Contracting State.

Article 33

Exemption from or reductions of taxes and exemption from authentication

1 - Any exemption from or reduction taxes, stamp duty, notarial or registration fees provided for in the legislation of either Contracting State in respect of any certificates or documents required to be produced in application of the legislation of that Contracting State may apply to similar certificates or documents required to be produced under the legislation of the other Contracting State or of the provisions of this Agreement.

2 - All the statements, documents or certificates required to be produced for the purposes of this Agreement shall be exempt from authentication by diplomatic or consular authorities.

Article 34

Submission of claim, declarations or appeals

1 - For the purpose of this Agreement, no claims or documents may be rejected on the ground that they are written in the official language of the other Contracting State.

2 - Any claim, declaration or appeal that should be submitted, under the legislation of either Contracting State, within a specified period of time to an authority, institution or tribunal of that Contracting State shall be admissible if they are submitted within the same period to a corresponding authority, institution or tribunal of the other Contracting State.

3 - In the cases mentioned in paragraph 2, the authority, institution or tribunal receiving the claim declaration or appeal shall forward it without delay to the competent authority, institution or tribunal of the first Contracting State, directly or through the liaison body.

Article 35

Recovery of undue payments

1 - Where the institution of either Contracting State has paid to a beneficiary, under the provisions of title iii, chapter ii, of this Agreement, an amount exceeding the one to which he is entitled, that institution may, under the conditions and within the limits of the legislation it applies, request the institution of the other Contracting State, responsible for payment of benefits to that person, to deduct the amount overpaid from the payments due to him.

2 - The latter institution shall deduct the amount under the conditions and within the limits laid down for such deduction by the legislation it applies, as if the overpayment had been made by it and shall transfer the amount so deducted to the creditor institution.

Article 36

Rights of institutions responsible for benefits against liable third parties

Where a person receives benefits under the legislation of either Contracting State due to an injury resulting from facts occurred in the territory of the other Contracting State, any rights of the institution responsible for providing benefits against the third party liable to provide compensation for the injury shall be governed by the following rules:

Article 37

Recovery of advance payments

1 - Where the institution of either Contracting State has made an advance payment of benefit to the beneficiary, that institution may request, where necessary, the component institution of the other State to deduct the amount of the advance from the payments due to him.

2 - The latter institution shall deduct the amount under the conditions and within the limits laid down for such a deduction by the legislation it applies and shall transfer the amount so deducted to the creditor institution.

Article 38

Transfers from either Contracting State to the other of amounts payable in application to this Agreement

1 - The institutions of either Contracting State that, under this Agreement, responsible for the payment of cash benefits to beneficiaries in the territory of the other Contracting State shall validly discharge their liability to pay those benefits in the currency of their own State.

2 - Amounts due to institutions in the territory of either Contracting State shall be paid in the currency of that State in the currency established by Administrative Arrangement mentioned in article 31, paragraph 1, subparagraph a), of this Agreement.

Article 39

Administrative checks and medical examinations

The administrative checks and medical examinations of the claimants and persons entitled under the legislation of a Contracting State, that reside or are staying in the territory of the other Contracting State, shall be carried out at the request of the competent institution, by the institution of the place of residence or of stay or by the liaison body, under the conditions laid down in the Administrative Arrangement mentioned in article 31, paragraph 1, subparagraph a), of this Agreement.

Article 40

Settlement of disputes

1 - Any dispute on the interpretation or implementation of this Agreement shall be settled by consultations between the competent institutions and between the competent authorities of the Contracting States.

2 - If the dispute cannot be settled in accordance with paragraph 1 of this article, the Contracting States shall carry out all diligences necessary for its settlement.

3 - If the dispute cannot be settled in accordance with the previous paragraphs of this Article within six months, it shall be submitted to an arbitration tribunal, whose composition and rules of procedure shall be approved through mutual agreement by the Contracting States.

4 - The decision of the arbitration tribunal shall be binding and definitive.

TITLE V

Transitional and final provisions

Article 41

Transitional provisions

1 - This Agreement shall confer no rights for a period prior to the date of its entry into force.

2 - All periods of insurance completed under the legislation of either Contracting State before the entry into force of this Agreement shall be taken into account for determining the rights acquired in accordance with the provisions of this Agreement.

3 - Subject to the provisions of paragraph 1 of this article, a right shall be acquired under this Agreement even if it relates to a contingency, occurred prior to the date of its entry into force, except for lump-sum payments.

4 - Any benefit which has not been awarded or which has been suspended by reasons of the nationality or place of residence of the person concerned shall, upon request, be provided or requested with effect from the date of entry into force of this Agreement, if the application is submitted within two years from this date, being, in this case. The provisions of the legislation of the Contracting State concerning the forfeiture or limitation or rights not applicable.

5 - If the application referred to in paragraph 4 is submitted after the expiry of that period, the rights, which have not been forfeited or time barred, shall have effect from the date on which the application was submitted, subject to more favourable provisions under the legislation of either Contracting State.

Article 42

Entry into force

This Agreement shall enter into force on the first day of the second month after the date of receipt of the last notification, through diplomatic channels, stating that all the internal law requisites have been fulfilled for that purpose in both Contracting States.

Article 43

Duration and denunciation

1 - This Agreement shall remain in force for the period of one year and shall be tacitly renewed every year for equal periods.

2 - Either Contracting State may denounce this Agreement. Notice of denunciation shall be given up to six months before the end of each calendar year, whereupon the Agreement shall cease to be in force at the expiry of that calendar year.

3 - In the event of denunciation of this Agreement, the acquired rights and the rights in course of acquisition shall be maintained in accordance with its provisions.

In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

Done in two copies at Bucharest, this first day of August, two thousand and six in Portuguese, Romanian and English languages, all texts being equal authentic. In case of divergences of interpretation between the Portuguese and the Romanian texts, the English text shall prevail.

For The Portuguese Republic:

José António Fonseca Vieira da Silva, Minister of Labour and Social Solidarity.

For Romania:

Gheorghe Barbu, Minister of Labour, Social Solidarity and Family.