Law Approving The Convention On Social Security Between The Kingdom Of Belgium And The Republic Of Albania, Made In Brussels, December 9, 2013 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la République d'Albanie, faite à Bruxelles, le 9 décembre 2013 (1) (2)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015015179&caller=list&article_lang=F&row_id=100&numero=170&pub_date=2015-12-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-12-22 Numac: 2015015179 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 9, 2015. -Law concerning consent to the Convention on social security between the Kingdom of Belgium and the Republic of Albania, made in Brussels, December 9, 2013 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and the Republic of Albania, made in Brussels on 9 December 2013, 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, September 9, 2015.
PHILIPPE by the King: the Minister of foreign and European Affairs, D. REYNDERS the Minister for Social Affairs, Ms. M. BLOCK Minister of Pensions, D. Babu the Minister of independent, W. BORSUS sealed with the seal of the State: the Minister of Justice, K. GARG _ Notes (1) House of representatives (www.lachambre.be): Documents: 54-1143.
Full report: 02/07/2015.
(2) date of entry into force: 1 January 2016.

Convention on social security between the Kingdom of Belgium and the Republic of Albania the Kingdom of Belgium and the Republic of Albania, animated by the desire to settle mutual relations between the two States in the field of social security, have decided to conclude a Convention for this purpose and have agreed to the following: title I:.
-Provisions General Article 1 Definitions 1. For the purposes of this Convention: a) "Belgium" means: the Kingdom of Belgium;
«Albania» means: the Republic of Albania.
(b) the term "territory" means: in relation to the Belgium: the territory of the Kingdom of Belgium;
With regard to the Albania: the territory of the Republic of Albania.
(c) the term 'legislation' means: the laws and regulations on social security referred to in article 2.
(d) 'competent authority' means: the Ministers, each in relation to the application of the legislation referred to in article 2.
(e) the term "organization" means: the institution, organization or authority to apply, in whole or in part, the legislation referred to in article 2, paragraph 1.
(f) the term 'competent body' means: the body that has the financial burden of benefits.
(g) the term "period of insurance" means: in relation to the Belgium: any period recognized as such by the Belgian legislation under which this period has been completed, as well as any period treated as an insurance period and recognized by this law;
With regard to the Albania: any period of contributions, work period, professional activity as well as any period assimilated to a period of insurance recognized by the Albanian legislation.
(h) "benefit" means: any pension, any benefit in kind or in cash provided by the legislation of each of the Contracting States, including all supplements or increases which are applicable under the legislation referred to in article 2.
(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, by the legislation of the State on whose territory she resides.
(j) the term 'residence' means: the habitual residence.
(k) 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 applies: has) with regard to Belgium, to the legislation concerning: (i) to the sickness and maternity benefits in kind or in cash for workers, marine shipping and the self-employed;
(ii) to benefits for accidents at work and occupational diseases;
(iii) to pensions old age and survival of salaried workers and the self-employed;
(iv) to disability benefits for employees, sailors of the Merchant Navy and self-employed workers;
and, with regard to title II only, to the legislation concerning: (v) social security of employees;
(vi) to the social status of self-employed persons;
(b) in relation to Albania, to the legislation concerning: i) under the social security scheme:-employees cash sickness benefits;
-maternity benefits in cash for salaried workers and the self-employed, as well as employers.
-cash benefits for accidents at work and occupational diseases for workers;
-old-age pensions, disability and survival for salaried workers and self-employed workers, and employers;
(ii) in the context of the mandatory health insurance scheme the following categories benefit plan: a) paid workers;
(b) self-employed workers;
c) family workers unpaid;
(d) other persons economically active;
e) persons receiving benefits from the Social Security Institute;
f) persons entitled to social assistance or disability, in accordance with the relevant legislation;
g) persons registered as unemployed jobseekers at the National Office of employment;
h) asylum in the Republic of Albania;
(i) children less than 18 years);
(j) pupils and students under 25 years, insofar as they have no income from economic activities;
k) the categories of persons defined in separate laws;
l) persons insured on a voluntary basis.
2. this Convention shall also apply to all legislative or regulatory acts that will change or complement the legislation referred to in paragraph 1 of this article.
It will apply to all 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.
This 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 all persons who are or who have submitted to the legislation of one Contracting States, as well as any other person whose rights derived from the above-mentioned persons.
Article 4 equality of treatment unless it is otherwise specified in this Convention, the persons referred to in article 3 shall be subject to the obligations and are admitted to the benefit of the legislation of the Contracting State under the same conditions as nationals of that State.
Article 5 export of benefits 1. Unless this agreement provides otherwise, cash sickness benefits, invalidity, accidents at work and occupational diseases, as well as those relating to pensions old age and survival, acquired under the legislation of one of the Contracting States may not suffer any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. in the case of old age cash benefits, survival, accidents at work and occupational diseases, due under the legislation of one of the Contracting States, shall be 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.
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 some other social security benefits or other income by reason of the exercise of a professional activity, are prejudicial to the recipients, even if it benefits acquired under a regime of the other Contracting State , or if the relevant professional activities are pursued on the territory of the other Contracting State.
However, this rule is not applicable to cumulation of benefits of the same kind which are granted by the competent bodies of both Contracting States in accordance with the provisions of Articles 29 and 30 of the Convention.
TITLE II. -Provisions determining the applicable law Article 7 General rules 1.
Subject to sections 8 to 10, 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, regardless of the State in which the employer has its headquarters.

(b) the person who is part of the travelling staff or navigating to a company performing international transport of passengers or goods for hire or reward or for its own account, and having its seat in the territory of a Contracting State is subject to the legislation of the latter State;
(c) a person who pursues a self-employed occupation on board a vessel flying flag of a Contracting State is subject to the legislation of the State where he has his residence.
2. in the case of simultaneous exercise of independent professional activity in Belgium and Albania employee, the activity carried out in Albania is considered a salaried activity in Belgium, for the fixation of the obligations resulting from the Belgian legislation on the social status of self-employed persons.
3. the person that simultaneously exercises independent professional activity on the territory of the two Contracting States is subject only to the legislation of the Contracting State on the territory of which he has his habitual residence. For the fixing of the amount of the revenue to be taken into consideration for the contributions payable under the legislation of that Contracting State, account shall be taken of the professional independent income earned in the territory of the two States, in accordance with their respective legislation.
4. the person who is employed simultaneously gainfully employed in the territory of the two Contracting States is subject only to the legislation of the Contracting State on the territory of which he has his habitual residence. For the fixing of the amount of the revenue to be taken into consideration for the contributions payable under the legislation of that Contracting State, regard professional income of employee carried out on the territory of the two States, in accordance with their respective legislation.
Article 8 specific rules 1.
Self-employed person who, being in the service of an employer with the territory of one of the Contracting States where it is normally is posted by that employer on the territory of the other Contracting State to perform work on behalf of it, remains subject to the legislation of the first State, as if he continued to be employed in its territory provided that the anticipated duration of the work it must perform does not exceed 24 months, and that it is not sent to replace another person received at the end of the period of secondment. Members of his family who accompany him are subject to the legislation of the first State, unless they exercise a professional activity.
2. where the secondment referred to in paragraph 1 of the present Article continues beyond 24 months, the competent authorities of both Contracting States or the bodies designated by them may agree that the legislation of the first Contracting State will remain applicable to the employee.
3. paragraph 1 of the present Article shall be applicable where a person who was sent by his employer from the territory of a Contracting State in the territory of a third State is then sent by that employer from the territory of the third State on the territory of the other Contracting State.
4. the employee of a transport company with Headquarters on the territory of one of the Contracting States, which is seconded by his employer in the territory of the other Contracting State, or is busy, either temporarily, or as trades, is subject to the legislation of the Contracting State in whose territory the undertaking has its registered office.
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 Contracting State on whose territory the branch or permanent representation is situated.
Members of his family who accompany him are subject to the legislation of same Contracting State that one of the employee, unless they exercise a professional activity.
Article 9 officials officials and clerks of a Contracting State who are posted in the territory of the other Contracting State to exercise their activity, shall remain, as well as members of their family accompanying them, insofar as these are not professional activity, subject to the legislation of the first Contracting State.
Article 10 members of diplomatic missions and consular posts 1. Nationals of a Contracting State, sent by the Government of that State on the territory of the other Contracting State as members of a diplomatic mission or a consular post, are subject to the legislation of the first Contracting State.
2. persons engaged locally by a diplomatic mission or a consular post of one of the Contracting States on the territory of the other Contracting State are subject only 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 are applicable to honorary 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, living in their household, unless they exercise a professional activity.
Article 11 exceptions the competent authorities may provide, by mutual agreement, in the interest of certain insured persons or certain categories of insured persons, derogations from the provisions of Articles 7 to 10, provided that the persons concerned are subject to the law of one of the Contracting States.
TITLE III. -Special provisions concerning benefits Chapter 1. -Sickness and maternity Article 12 aggregation of periods of insurance for the opening, maintenance or recovery of entitlement to benefits and their duration of grant, the periods of insurance completed under the legislation of each of the States are involved, provided that they do not overlap.
Section 13 benefits in kind in case of stay on the territory of the other State Contracting 1. An insured person who is entitled to benefits in kind under the legislation of one of the Contracting States and which the State comes to require immediate health care during a stay in the territory of the other Contracting State, shall receive benefits in kind in the territory of that other Contracting State.
2. the benefits in kind are provided, 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 administered by the State or the competent authority.
3. paragraph 1 of the present Article does not apply: has) where an insured 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. it is for the competent authority 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.
Article 14 benefits in kind for beneficiaries and family members in case of residence on the territory of the other State Contracting 1. An insured 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 an insured 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. The duration of benefits is however determined by the legislation of the competent State.
4. paragraphs 1, 2 and 3 of this Article do not apply to members of the family if they have an independent right to benefits in kind under the legislation of the Contracting State in whose territory they reside.
On the other hand, a right derived benefits in kind takes precedence over the autonomous duties when the autonomous right in the Contracting State of residence derives directly and exclusively that the family member concerned is resident in that Contracting State.
Article 15 specific Situations relating to benefits in kind 1. The insured person who is, under article 7, paragraphs 3 and 4, and Articles 8 to 11, subject to the legislation of a Contracting State, and the members of his family who accompany him, receive the benefits in kind during all the

duration of their stay on 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 in accordance with which it applied. The duration of benefits is however governed by the legislation of the competent State.
Article 16 benefits in kind for recipients of invalidity benefits, old-age or survivor 1. The recipient of invalidity benefits, old-age survival or pension by reason of an accident at work or an occupational disease, due under the laws of the two Contracting States, benefits, for himself and members of his family, benefits in kind, in accordance with the legislation of the State in whose territory he resides and the responsibility of the competent authority of that State.
2. the beneficiary of an invalidity benefit, old-age survival or an annuity by reason of an accident at work or a professional disease caused exclusively under the legislation of one of the two Contracting States, who resides in the territory of the other Contracting State receives for himself and members of his family, 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. The duration of benefits is however governed by legislation that the competent State applies.
Article 17 contributions payable by the beneficiaries of old-age, death benefits and invalidity 1. The competent authority of a State which applies legislation providing for deductions of contributions to cover benefits in kind, cannot make the call and the recovery of these contributions, calculated according to the legislation which it administers, when expenditures relating to benefits under article 16 of the Convention are the responsibility of a body of that State.
2. where, in the cases referred to in article 16, paragraph 2, the beneficiary of old-age, death or disability must pay contributions for coverage of benefits in kind under the legislation of the State in which he resides, these contributions may not be recovered because of his place of residence.
Article 18 benefits in kind in case of stay on the territory of the competent State the persons referred to in paragraphs 1 and 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 19 refund of benefits in kind between organizations 1. The amount effective of the benefits in kind provided by virtue of the provisions of Articles 13, 14, 15 and 16, paragraph 2, is covered 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 of the waiver of all or part of the refund referred to in paragraph 1 or agree among themselves to another mode of repayment.
Article 20 support for benefits in kind 1.
When an insured person or members of his family are entitled to benefits in kind under the legislation of one Contracting State, these benefits are exclusively responsible for the competent authority of that State.
2. when an insured person is entitled to benefits in kind under the legislation of the two States concerned, the following rules shall apply: a) these benefits are borne by 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 responsible for the Organization of the place of residence.
Article 21 benefits cash sickness and maternity 1. The insured person who fulfils the conditions laid down by the legislation of the competent State for entitlement to sickness and maternity insurance 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. Benefits in kind required for the continuation of medical treatment of the person mentioned in this paragraph are served by the Agency of the place of residence under the legislation applied by this agency on behalf of the competent body, the duration of benefits is however governed by legislation that the competent State applies.
2. the recipient of benefits under the legislation of a Contracting State cash can keep these benefits if he transfers his residence in the territory of the other Contracting State. The competent authority of 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 if the movement of the person concerned is not recommended for medical reasons duly established.
CHAPTER 2. -Accidents at work and occupational diseases Article 22 benefits in kind provided on the territory of the other State Contracting 1. The insured 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, shall receive benefits in kind in the event of stay or residence in the territory of the 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 or residence in accordance that it applies, the duration of benefits is however governed by the legislation of the competent State.
Article 23 refund of benefits in kind between organizations 1.
The actual amount of the benefits in kind provided under article 22 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 of the waiver of all or part of the refund referred to in paragraph 1 or agree among themselves to another mode of repayment.
Article 24 consideration of accidents and occupational diseases professionnellessurvenus 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 25 Accidents occurring on the way to work the accident on the way to work that took place on the territory of the Contracting State other than the competent State is known occurred in the territory of the competent State.
Article 26 recognition of occupational disease 1.
When an insured person, victim of an occupational disease, pursued an activity likely to cause the disease under the legislation of both Contracting States, benefits to which such person 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, to the provisions of paragraph 2.
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.
3. If the granting of benefits of occupational disease in respect of the legislation of a Contracting State is subject to the condition that the activity likely to cause the disease having been taken for a certain period, the competent authority of that State eventually takes into account periods during which this activity has been exercised under the legislation of the other Contracting State as if it had been taken under the legislation of the first State.
Article 27 the professional disease getting worse when, in the event of aggravation of an occupational disease, the insured person who receives or 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 shall apply: a) if the person concerned has not been on 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 concerned has been in the territory of the latter State in such employment,

the competent authority of the first State shall meet the cost of benefits, excluding the worsening, according to the provisions of the legislation which it administers; 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 Article 28 totalization of insurance periods 1. Subject to the provisions of paragraph 2, the insurance periods and periods treated as such completed under the legislation of one of the Contracting States relating to old-age benefits, survival or disability shall be aggregated for as much as necessary, on condition that they do not overlap with periods of insurance completed under the legislation of the other Contracting State for the acquisition retention or recovery of the right to old-age benefits, of survival and disability.
When treated as a coincident period of insurance periods, the Belgium won't take into account the periods assimilated directly following a professional activity in Belgium.
2. where the legislation of one of the Contracting States granting of benefits of old age, survival or disability on the condition that the periods of insurance have been completed in a given profession, not be totaled, for admission to these benefits, that the periods of insurance completed or assimilated into the same profession in another State Contracting.
3. where the legislation of one of the Contracting States the granting of old age, survival or disability benefits on the condition that the periods of insurance were completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the liquidation of old age, survival or disability benefits under the general system of the salaried workers.
4. where, subject to the application of paragraph 1 of this Article, a person does not meet the conditions required to qualify for benefits, the insurance periods having been completed in accordance with the legislation of a third State to which both Contracting States are bound by social security agreements providing for the aggregation of insurance periods, shall be aggregated.
5. If only the Belgium is linked to a third State by a convention applicable to the person concerned social security, insurance periods completed under the legislation of that third State are aggregated to qualify for benefits old age, survival or disability of the two Contracting States.
Article 29 calculation of benefits of old age and survival 1. If a person is entitled to benefits old age or survivors under the legislation of one of the Contracting States without any need for aggregation, the Agency of this State calculates the right to delivery directly on the basis of insurance periods completed in that State, and only under the legislation which it administers.
(This organization proceeded also to the calculation of the amount of the old age or survival benefit that would have been obtained by application of the rules laid down in paragraph 2, points a) and b). The highest amount is only retained.
2. If a person is entitled to a pension or benefit survival under the legislation of one of the Contracting States whose law is open only in light of the aggregation of periods of insurance effected in accordance with article 28, the following rules apply: a) the Agency of that Contracting State 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 Agency of that Contracting State then calculates the amount due, on the basis of the amount referred to in point), in proportion to the duration of the periods of insurance completed under its sole legislation, compared to the duration of all insurance periods recorded under item a).
3. If the duration of the periods of insurance accumulated in accordance with article 28 of this Convention exceeds the maximum insurance period required by the legislation administered, the body competent establishes the amount of the benefit in proportion to the periods of insurance completed under this legislation compared to the periods of insurance having formed the basis for the calculation of the amount of the full benefit.
Article 30 calculation of invalidity benefits 1.
If the right to invalidity benefits under the legislation of one of the Contracting States is opened only by aggregation of periods of insurance completed in the two Contracting States in accordance with article 28 of the Convention, the amount of the benefit payable shall be determined following the rules laid down by article 29, 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 provision of Albanian disability and the provision of Belgian disability calculated according to paragraph 1 of the present Article is less than the amount of the benefit due on the basis of the 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 31 disability benefits during a stay in the other Contracting State the beneficiary of a disability benefit for the legislation of a Contracting State retains the benefit of this provision during a stay in the other Contracting State, when this stay has been previously authorized by the competent authority of the first Contracting State. However, this permission cannot be denied that when the stay is located in the period during which, under the legislation of the first Contracting State, the competent authority of that Contracting State must proceed to the assessment or the revision of the degree of invalidity.
Article 32 insurance periods less than one year notwithstanding the provisions of article 28, in the cases referred to in article 29, paragraph 2, and article 30, paragraph 1, any invalidity, old-age or survivor benefit is due by the competent Belgian authority when insurance periods completed under its legislation, prior to the materialisation of the risk, do not, as a whole a year.
Article 33 possible recalculation of benefits 1.
If, due to the increase in the cost of living, variation in the level of wages or other clauses of adaptation, old-age benefits, survival or disability of one of the Contracting States are altered by a percentage or amount determined, the other Contracting State shall not proceed with a new calculation of old-age benefits, of survival and disability.
2 However, in the case of changing the mode of establishment or to the rules of calculation of disability, old age, and survival benefits, a recalculation is made in accordance with Articles 29 and 30. This provision has no effect on the benefits that have already been paid on the date of entry into force of this amendment.
TITLE IV. (-Provisions various section 34 responsibilities of the competent authorities the competent authorities: has) take, by administrative arrangement, the measures necessary for the implementation of this Convention and shall designate liaison bodies, bodies of the place of stay or residence and relevant bodies;
(b) define the mutual administrative assistance procedures, including the apportionment of the expenses related to obtaining necessary medical, administrative and other certificates for the purposes of this Convention;
(c) to communicate directly any 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 35 administrative cooperation 1.
For the purposes of this Convention, the competent authorities and the competent bodies of each of the two 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 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 State and coins.
3. all acts and documents to be produced in application of the present Convention shall be exempt from authentication by diplomatic or consular authorities.
4. for the purposes of this Convention, the competent authorities and the competent bodies of the Contracting States are entitled to correspond directly with each other and with any person,

regardless of his residence. Correspondence can be done in one of the official languages of the Contracting States.
Article 36 applications, declarations and use claims, declarations or appeals which should have being introduced, under the legislation of one of the Contracting States within a specified time to an authority, a body or a Court of this State shall be 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, statements or use of authority within the organization or to the jurisdiction of the first Contracting State, either directly or through the intermediary of 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.
An application or document cannot be rejected by the competent authority or competent agencies of a Contracting State to the pretext that it is written in an official language of the other State Contracting.
Article 37 Communication of personal data 1. The bodies of the two Contracting States are allowed to communicate, for the purposes of the application of the present Convention, personal data, including data relating to the incomes of the people, whose knowledge is necessary for the body of a Contracting State for the purposes of social security legislation.
2. communication, by the Agency of a Contracting State, of 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 application of social security legislation.
Article 38 payment of benefits organizations relevant debtors of benefits under this Convention effectively available in the currency of their State.
If the person concerned decides that the benefit is paid in a different currency than the currency of one of the Contracting States, the currency risk is dependant of that person.
Financial 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.
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 39 recognition of decisions and enforceable documents 1. All enforceable decisions rendered by a Court of one of the Contracting States, as well as binding acts rendered by the competent body or the competent authority of one of the Contracting States relating to social security contributions and other amounts to collect social security, are recognized on the territory of the other Contracting State.
2. recognition may be refused only where it is incompatible with 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 and other amounts to be collected 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 40 settlement of disputes disputes relating to the interpretation and application of this Convention shall be resolved, to the extent possible, by the competent authorities.
If the competent authorities cannot lead to a solution, they may, in accordance with international law, arbitration.
Article 41 undue payments 1. If the body of a Contracting State paid to the recipient of benefits a sum in excess of that to which he is right, this organization may request, under the conditions and limits laid down by the legislation which it applies, to the body of the other debtor Contracting State of a corresponding benefit in favour of the beneficiary, to withhold the overpayment on the arrears to 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 if it were of sums unduly paid by itself, and shall transfer the amount so deducted to the creditor Agency of the first Contracting State. Detailed rules for the application of this provision shall be decided by mutual agreement between the Belgian and Albanian authorities competent.
2. If the amount paid in too may not be retained on the arrears to be paid, the Agency of a Contracting State which has paid to a recipient of benefits a sum which exceeds that to which he is entitled may, under the conditions and limits laid down by the legislation which it applies, ask the Agency of the other Contracting State, paying benefits to that beneficiary to withhold such amount on the amounts they pay recipient audit. This last organism make the deduction under the conditions and limits where such compensation is authorized by the legislation which it administers, as if it were of sums unduly paid by itself, and shall transfer the amount so deducted to the creditor Agency of the first Contracting State.
Article 42 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 provisions and final Article 43 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.
Section 44 review, prescription, forfeiture 1. Any benefit which has not been awarded or which has been suspended because of the nationality of the concerned or due to his residence in the territory of the Contracting State other than that where the competent paying agency, is, at the request of the person concerned, awarded or reinstated from the entry into force of this Convention.
2. the rights of persons concerned having awarded prior to the entry into force of this Convention, the liquidation of a benefit, are revised at their request, in light of the provisions of this Convention.
In no case, such a revision must have reduced the earlier rights of the beneficiaries.
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 State or another 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 45 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 46 guarantee of acquired rights, or by way of acquisition

In the event of denunciation of this Convention, the rights and benefits acquired under the Convention will be maintained. The Contracting States will take arrangements in relation to the rights in the process of acquisition.
Article 47 entry into force 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 legally required formalities have been completed.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at Brussels, 9 December 2013, in duplicate, in the languages English, Albanian, French and Dutch, the four texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

Agreement on social security between The Kingdom of Belgium and The Republic of Albania The Kingdom of Belgium and The Republic Of Albania, Wishing to arrange the mutual relations between the two countries in the field of social security, Decided to conclude an Agreement for this purpose and agreed as follows: PART I - General provisions Article 1 Definitions 1.
For the implementation of this Agreement: a) The term "Belgium" means: the Kingdom of Belgium;
The term "Albania" means: the Republic of Albania.
b) The term "territory" means: In relation to Belgium: the territory of the Kingdom of Belgium;
In relationship to Albania: the territory of the Republic of Albania.
c) The term 'legislation' means: the laws and regulations concerning social security specified in article 2.
d) The term "competent authority" means: the Ministers, each to the extent that he is responsible for the implementation of the legislation specified in Article 2.
e) The term 'agency' means: the institution, organisation or authority responsible in full or in part for the implementation of the legislation specified in paragraph 1 of Article 2.
f) The term "qualified agency" means: the agency financially in charge of benefits.
g) The term "insurance period" means: as regards Belgium: any period recognised as such in the Belgian legislation under which this period was completed, as well as any period recognised as equivalent to an insurance period under that legislation;
as regards Albania: any period of contribution, working period, occupational activity and any period recognised as equivalent to an insurance period under the Albanian legislation.
h) The term "benefit" means: any pension, any benefit in kind or in cash provided for by the legislation of each of the contracting States, including any supplements or increases applicable under the legislation specified in Article 2.
i) The term "family member" means: any person defined or recognised as a family member 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, by the legislation of the contracting State in whose territory such person resides.
j) The term "residence" means: the place where a person habitually resides. ""
k) The term "stay" means: temporary residence.
2. Any term not defined in paragraph 1 of this Article shall have the meaning assigned to it in the applicable legislation.
Article 2 Legislative Scope 1.
This Agreement shall apply: has) as regards Belgium, to the legislation concerning: (i) sickness and maternity benefits in kind or in cash for employed persons, sailors of the merchant marine and self-employed persons;
(ii) benefits in respect of accidents at work and occupational diseases;
(iii) old - age and survivors' pensions for employed and self-employed persons;
(iv) invalidity benefits for employed persons, sailors of the merchant marine and self-employed persons;
and, as regards Part II only, to the legislation concerning: (v) the social security for self-employed persons;
(vi) the social statute of self-employed persons;
(b) as regards Albania, to all legislation concerning: i) as regards the Social Insurance Scheme:-sickness benefits in cash for employed persons;
-maternity benefits in cash for employed and self-employed persons, as well as for employers;
-benefits in cash in respect of accidents at work and occupational diseases for employed persons;
-old - age, invalidity and survivors' pensions for employed and self-employed persons, as well as for employers;
(ii) as regards the Compulsory Health Insurance Scheme the following categories are benefiting from the compulsory health insurance scheme: was) employed people;
(b) self-employed individuals;
(c) unpaid family workers;
(d) other economically active persons;
(e) persons receiving benefits from Social Security Institute;
(f) persons who receive social assistance or disability payments, in accordance with relevant legislation;
(g) persons registered as unemployed - jobseekers at the National Employment Service;
(h) foreign asylum seekers in the Republic of Albania;
(i) children under age 18;
(j) pupils and students under 25 years old, provided they do not have income from economic activities;
(k) categories of individuals defined by separate laws.
(l) persons that are voluntary insured.
2 This Agreement shall also apply to all acts or regulations which amend or extend the legislation specified in paragraph 1 of this Article.
It shall apply to any act or regulation which extends the existing schemes to new categories of beneficiaries, unless, in this respect, the Contracting State which has amended its legislation notified within six months of the official publication of the said acts the other Contracting State of its objections.
This Agreement shall not apply to acts or regulations that establish a new social security branch, unless the competent authorities of the Contracting States agree on this application.
Article 3 Personal Scope Unless otherwise specified, this Agreement shall apply to all persons who are or have been subject to the legislation of either of the Contracting States, and to other persons who derives rights from such persons.
Article 4 Equality of Treatment Unless otherwise specified in this Agreement, the persons referred to in Article 3 shall be subject to the obligations and shall benefit from the legislation of the Contracting State under the same conditions as nationals of that State.
Article 5 Export of Benefits 1.
Unless otherwise specified in this Agreement, benefits in cash in respect of sickness, invalidity, accidents at work and occupational diseases and those in respect of old - age and survivors' pensions, acquired under the legislation of either of the contracting States cannot be subject to any reduction or amendment owing to the fact that the beneficiary stays or resides in the territory of the other contracting State.
2 The benefits in cash in respect of old - age, survivors, accidents at work and occupational diseases caused from either of the Contracting States are paid to nationals of the other Contracting State residing in the territory of a third State, under the conditions provided in the national legislation of the former Contracting State for its nationals residing in the territory of that third State.
Article 6 Reduction or Suspension Clauses The reduction or suspension clauses provided for in the legislation of one Contracting State, in case one benefit conincides with other social security benefits or with other incomes owing to a professional activity, shall be applied to the beneficiaries, even if these benefits were acquired by virtue of a scheme of the other Contracting State , or if the related professional activities are exercised in the territory of the other Contracting State.
However, this provision shall not apply when benefits of the same nature are granted by the competent agencies of both Contracting States in accordance with the provisions of sections 29 and 30 of this Agreement.
PART II - Provisions concerning the applicable legislation Article 7 General Provisions 1.
Subject to Articles 8 to 10, the applicable law is determined according to the following provisions: a) a person who exercises a professional activity in the territory of a Contracting State shall be subject to the legislation of that Contracting State, regardless of the State in which the use has its registered office;
b) a person who is a member of the travelling or flying personnel of an enterprise which, for hire or reward gold on its own account, operates international transport services for passengers or goods and has its registered office in the territory of a Contracting State shall be subject to the legislation of that Contracting State;
c) a person who works as an employee on board a ship that flies the flag of a Contracting State, shall be subject to the legislation of the State in which he has his residence.
2. In the case of simultaneous exercise of a self-employed activity in Belgium and an employed activity in Albania, the activity exercised in Albania shall be assimilated to an employed activity exercised in Belgium, in order to determine the obligations resulting from the Belgian legislation concerning the social status of self-employed persons.
3 The person who exercises simultaneously a self-employed activity in the territory of both Contracting States shall only be subject to the legislation of the Contracting State in which territory he has his habitual residence.
For the purpose of determining the amount of the incomes to be taken into account for the contributions to be charged under the legislation of this Contracting State, the professional incomes as a self-employed person acquired in the territories of both States shall be taken into account, in accordance with their respective legislation.
4 The person who exercises simultaneously a salaried activity in the

territory of both Contracting States shall only be subject to the legislation of the Contracting State in which territory he has his habitual residence. For the purpose of determining the amount of the incomes to be taken into account for the contributions to be charged under the legislation of this Contracting State, the professional incomes as a salaried person acquired in the territories of both States shall be taken into account, in accordance with their respective legislation.
Article 8 Special Provisions 1. An employed person who, being in the service of year use with an office on which he normally depends in the territory of one of the Contracting States, is posted by that use in the territory of the other Contracting State to work on its account, shall remain subject to the legislation of the former Contracting State, as if he continued to be employed in his territory on the condition that the foreseeable duration of his work does not exceed 24 months and that he is not sent to replace another person whose posting period has come to an end. The family members who accompany the self-employed person will be subject to the legislation of that form Contracting State unless they exercise professional activities.
2 if the posting referred to in paragraph 1 of this Article continues beyond 24 months, the competent authorities of the two Contracting States or the agencies designated by them may agree that the employee remains subject only to the legislation of the first Contracting State.
3. Paragraph 1 of this Article shall apply where a person who has been sent by his use from the territory of one Contracting State to the territory of a third country is subsequently sent by that use from the territory of the third country to the territory of the other Contracting State.
4 The employee of a transportation company that has its registered office in the territory of one of the Contracting States, and is posted by its use to the territory of the other Contracting State, or that works there temporarily or ambulatory, is subject to the legislation of the Contracting State on which the company has its registered office.
However, if the company has a branch or a permanent representation on the territory of the other Contracting State, then the there employed employee is subject to the legislation of the Contracting State where the branch or permanent representation is located.
The family members who accompany the self-employed person will be subject to the legislation of the same Contracting State as the employed person, unless they exercise professional activities.
Article 9 Civil Servants Civil servants and personal equivalent of a Contracting State, posted in the territory of the other Contracting State to exercise their activity there, as well as their family members who accompany them and do not exercise themselves professional activities, shall remain subject to the legislation of the former Contracting State.
Article 10 Members of Diplomatic Missions and Consular Posts 1. Nationals of a Contracting State sent by the government of that Contracting State to the territory of the other Contracting State as members of a diplomatic mission or a consular post are subject to the legislation of the former Contracting State.
2 persons engaged locally by a diplomatic mission or a consular post of one of the Contracting States in the territory of the other Contracting State are subject only to the legislation of the latter Contracting State.
3 When the diplomatic mission or the consular post of the accrediting State employees persons who, pursuant to paragraph 2 of the present article are subject to the legislation of the host State, the mission or post will fulfil the obligations imposed on the employers under the legislation of the latter State.
4. The provisions in paragraphs 2 and 3 of the present article also apply by analogy to persons employed in private service of a person specified in paragraph 1 of the present article.
5 The provisions of paragraphs 1 to 4 of the present article neither apply to honorary members of a consular post nor persons employed in private service of these persons.
6 The provisions of the present article also apply to the family members of the persons referred to in paragraphs 1 to 4, living at home, unless they exercise a professional activity.
Article 11 Exceptions In the interest of certain insured persons or certain categories of insured persons, the competent authorities can, by mutual agreement, specify exceptions to the provisions of Articles 7 to 10 provided that the affected persons shall be subject to the legislation of one of the Contracting States.
PART III: Particular provisions concerning benefits CHAPTER 1 – Sickness and maternity Article 12 aggregation of insurance periods For the acquisition, retention or recovery of the right to benefits and the period during which they are provided, the insurance periods completed pursuant to the legislation of both States are totalised where necessary and to the extent that they do not overlap.
Section 13 Benefits in kind during a stay in the territory of the other Contracting State 1.
An insured person entitled to benefits in kind by virtue of the legislation of one of the contracting States and whose condition necessitates immediate medical care during a stay in the territory of the other Contracting State shall be entitled to benefits in kind in the territory of this other Contracting State.
2 The benefits in kind are provided on behalf of the competent agency by the agency of the place of stay in accordance with the provisions it administers; the period during which benefits may be granted is, however, determined by the competent State or agency whose legislation is applicable.
(3 Paragraph 1 of the present article shall not apply: a) when an insured person proceeds without the authorisation of the competent agency to the territory of the other contracting State in order to receive there a medical treatment;
(b) except in case of absolutely emergency, to prosthesis, major appliances and other substantial benefits in kind whose list has been established in common agreement by the competent authorities.
4 The competent agency of the place of stay must determine the immediate necessity of the care referred to in paragraph 1, and the absolute emergency referred to in paragraph 3.
Article 14 Benefits in kind for beneficiaries and their family members residing in the territory of the other Contracting State 1. An insured person entitled to benefits in kind according to the legislation of one of the contracting States and who resides in the territory of the other contracting State receives, as well as his family members who reside there too, benefits in kind in the territory of this other contracting State.
2 The family members of an insured person subject to the legislation of a contracting State and who resides in the territory of the other contracting State receive benefits in kind in the territory of this other contracting State.
3. The benefits in kind are provided on behalf of the competent agency by the agency of the place of residence in accordance with the provisions it administers. The period during which benefits may be granted is, however, determined by the legislation of the competent State.
4. Paragraphs 1, 2 and 3 of the present article shall not apply to family members if they have an independent right to benefits in kind based on the legislation of the Contracting State where they reside.
A derivative right to benefits in kind shall, however, take priority over independent rights, where the independent right in the Contracting State of residence exists directly and solely on the basis of the residence of the family member concerned in that Contracting State.
Article 15 Specific situations concerning benefits in kind 1.
The insured person who, by virtue of article 7 paragraphs 3 and 4 and of articles 8 to 11, is subject to the legislation of a contracting State, and the members of his family who accompany him, receive benefits in kind for the entire duration of their stay in the territory of the other contracting State.
2 The benefits in kind are provided on behalf of the competent agency by the agency of the place of stay in accordance with the provisions it administers. The period during which benefits may be granted is, however, determined by the legislation of the competent State.
Article 16 Benefits in kind for the beneficiaries of invalidity, old - age or survivor's benefits 1. The beneficiary of invalidity, old - age or survivors' benefits or annuities from an accident at work or an occupational disease, due under the legislation of both contracting States, receives for himself and for the members of his family in benefits kind in accordance with the legislation of the State in whose territory he resides and on account of the competent agency of this State.
2. The beneficiary of an invalidity, an old - age or a survivors' benefit or annuity from an accident at work or an occupational disease due exclusively under the legislation of either of the contracting States, who resides in the territory of the other contracting State, receives for himself and for the members of his family benefits in kind.
The benefits in kind are provided on behalf of the competent agency by the agency of the place of residence in accordance with the provisions it administers. The period during which benefits may be granted is, however, determined by the legislation of the competent State.
Article 17 Contributions by recipients of old - age, death and invalidity benefits 1. The competent institution of a State which is responsible under the legislation it applies for making deductions in respect of contributions for benefits in kind, may request and recover such deductions, calculated in accordance with the legislation

it applies, only to the extent that the cost of the benefits under article 16 of this Agreement is to be borne by an institution of the said State.
2 Where, in the cases referred to in article 16 paragraph 2, the container of old - age, death or invalidity benefits is subject to the payment of contributions in order to cover benefits in kind under the legislation of the State in which the vessel concerned resides, these contributions shall not be payable by virtue of such residence.
Article 18 Benefits in kind during a stay on the territory of the competent Contracting State The persons referred to in paragraphs 1 and 2 of article 14 and in paragraph 2 of article 16 of the present Agreement, who stay in the territory of the competent Contracting State, receive benefits in kind in the territory of this State, on its account and in accordance with the provisions administered by the agency of the place of stay.
Article 19 Reimbursement of benefits in kind between agencies 1.
The real amount of the benefits in kind provided by virtue of the provisions of sections 13, 14, 15, and 16 paragraph 2, is reimbursed by the competent agency to the agency who has provided these benefits, in accordance with the procedure determined in the Administrative Arrangement.
2. The competent authorities may, in common agreement, waive in full or in part the reimbursement referred to in paragraph 1 or provide for another method of reimbursement.
Article 20 Accountability of benefits in kind 1. When an insured person or its family members are entitled to benefits in kind according to the legislation of one Contracting State, these benefits are exclusively on account of the competent agency of this Contracting State.
2. When an insured person is entitled to benefits in kind according to the legislation of both contracting States, the following rules are applicable: a) thesis benefits are on account of the agency of the Contracting State on which territory they have been provided;
(b) when the benefits are provided on the territory of another State than the two Contracting States, they are exclusively on account of the agency of residence.
Article 21 Benefits in cash in case of sickness and maternity 1. The insured person who satisfies the conditions of the legislation of the competent State for entitlement to benefits in cash of the sickness and maternity insurance, taking into account where appropriate the provisions of article 12 of the present Agreement, shall remain entitled to these benefits if he stays in the territory of the other State. The benefits in cash are directly provided by the agency competent for the beneficiary. The benefits in kind necessary for the continuation of the medical treatment of the person mentioned in this paragraph are provided by the agency of the place of stay according to the legislation this agency applies on behalf of the competent agency. The period during which benefits may be granted is, however, determined by the legislation of the competent State.
2 The beneficiary of benefits in cash under the legislation of a contracting State is still entitled to these benefits if he transfers his residence to the territory of the other contracting State. The competent authority of the State debtor of the benefits may require a prior authorization of the competent agency for the transfer of residence. This authorisation can, however, only be refused if the movement of the person concerned is not advisable for duly established medical reasons.
CHAPTER 2 - Accidents at work and occupational diseases Article 22 Benefits in kind administered on the territory of the other Contracting State 1. The insured person who, due to an accident at work or an occupational disease, is entitled to benefits in kind in accordance with the legislation of a Contracting State receives benefits in kind when he stays or resides in the territory of the other Contracting State.
2 The benefits in kind are provided on behalf of the competent agency by the agency of the place of stay or residence in accordance with the provisions it administers; the period during which benefits may be granted is, however, determined by the legislation of the competent State.
Article 23 Reimbursement of benefits in kind between agencies 1. The real amount of the benefits in kind provided by virtue of section 22 is reimbursed by the competent agency to the agency that has provided these benefits, in accordance with the procedure determined in the Administrative Arrangement.
2. The competent authorities may, in common agreement, waive in full or in part the reimbursement referred to in paragraph 1 or provide for another method of reimbursement.
Article 24 Taking into account of accidents at work and occupational diseases which have occurred previously If the legislation of a contracting State provides expressly or by implication that accidents at work or occupational diseases which have occurred previously shall be taken into consideration in order to assess the degree of incapacity, the accidents at work and occupational diseases which have occurred previously under the legislation of the other contracting State shall be considered as having occurred under the legislation of the form State.
Article 25 Accidents during commuter traffic The accident occurred during the commuter traffic on the territory of the Contracting State other than the Competent State is considered to have occurred on the territory of the Competent State.
Article 26 Observation of an occupational disease 1. When an insured person who has contracted an occupational disease has, under the legislation of both contracting States, pursued an activity which by its nature is likely to cause that disease, the benefits that he or his survivors may claim shall be awarded exclusively in accordance with the legislation of the State in whose territory the activity was lastly pursued and subject to the fact that the person concerned satisfies the conditions of this legislation , taking into account, where appropriate, the provisions of paragraph 2.
2. if, under the legislation of a contracting State, the granting of benefits in respect of an occupational disease is subject to the condition that the disease in question was first diagnosed within its territory, such condition shall be deemed to be satisfied if the disease was first diagnosed in the territory of the other contracting State.
3. if, under the legislation of a contracting State, the granting of benefits in respect of an occupational disease is subject to the condition that the activity likely to cause the disease in question was pursued during a certain period, the competent agency of this State takes into account, if necessary, the periods during which this activity has been pursued under the legislation of the other Contracting State as if it had been pursued under the legislation of the first State.
Article 27 Aggravation of an occupational disease In the event of aggravation of an occupational disease, if the insured person who has received or is receiving compensation for an occupational disease under the legislation of either of the contracting States of America asserts, for an occupational disease of the same nature, rights to benefits under the legislation of the other contracting State, the following rules shall apply (: a) if the person concerned has not pursued in the territory of the latter State has professional activity likely to cause or to aggravate the disease in question, the competent agency of the former State shall be bound to meet the costs of the benefits under the provisions of the legislation which it administers, taking into account the aggravation;
(b) if the person concerned has pursued such a professional activity in the territory of the latter State, the competent agency of the former State shall be bound to meet the costs of the benefits under the provisions of the legislation which it administers without taking the aggravation into account; the competent agency of the second State shall grant a supplement to the person concerned, the amount of which shall be determined by the legislation of this State and shall be 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, survivors and invalidity Article 28 totalization of insurance periods 1.
Notwithstanding the provisions of paragraph 2, for the acquisition, retention or recovery of the right to old - age, survivors' or invalidity benefits, the insurance periods and the equivalent periods completed pursuant to the legislation of one of the Contracting States concerning old - age, survivors' or invalidity benefits are totalised, when necessary and to the extent that they do not overlap with the insurance periods completed pursuant to the legislation of the other Contracting State.
When periods recognised as periods equivalent to an insurance period coincides, Belgium will only take into account the equivalent periods directly following a professional activity in Belgium.
2. if the legislation of one of the Contracting States subordinates the granting of old - age, survivors' or invalidity benefits to the condition that the insurance periods are to be completed in a given occupation, only insurance periods completed or recognised as equivalent in the same occupation in the other Contracting State shall be totalised for admission to entitlement to these benefits.
3 if the legislation of one of the Contracting States subordinates the granting of old - age, survivors' or invalidity benefits to the condition that the insurance periods are to be completed in a given occupation, and when these periods did not result in entitlement to the said benefits, the said periods shall be considered valid for the determination

of the old - age, survivors' or invalidity benefits provided for in the general scheme of self-employed persons.
4 if, notwithstanding the application of paragraph 1 of this Article, a person does not fulfil the requirements to create a right to benefits, the insurance periods that have been completed pursuant to the legislation of a third state with whom both Contracting States are joined by social security agreements that provide the totalization of insurance periods are totalised.
5 if only Belgium is joined to a third state by a social security agreement that is applicable to the person concerned, the insurance periods completed pursuant to the legislation of this third state are totalised for the entitlement to old - age, survivors' and invalidity benefits of both Contracting States.
Article 29 Calculation of old - age and survivor benefits 1. If a person is entitled to old - age or survivors' benefits under the legislation of one of the Contracting States without necessarily proceeding to tabulation, the agency of this State shall calculate the benefit entitlement directly on the basis of the insurance periods completed in this State and only under its legislation.
This agency shall also calculate the amount of the old - age or survivors' benefit that would be obtained by applying the rules specified in paragraph 2 a) and b). Only the higher of these two amounts shall be taken into consideration.
2. if a person is entitled to an old - age or survivors' benefit by virtue of the legislation of one of the Contracting States, with his right being created solely by taking the total of the insurance periods into account pursuant to Article 28, the following rules apply: a) the agency of this Contracting State shall calculate the theoretical amount of the benefit due as if all the insurance periods completed according to the two Contracting States' laws were exclusively completed under its legislation;
((b) the agency of this Contracting State shall then calculate the amount due on the basis of the amount specified under has), in proportion to the duration of the insurance periods under its legislation, in relation to the duration of all insurance periods accounted under a).
3 if the length of the insurance periods totalised pursuant to Article 28 of the present Agreement exceeds the maximum insurance period under the applied legislation, the competent agency determined the amount of the benefit pro rata to the insurance periods completed under this legislation in proportion to the insurance periods that have served as the basis for calculating the amount of the undivided benefit.
Article 30 Calculation of invalidity benefits 1. If the right to invalidity benefits provided for by the legislation of one of the Contracting States is created solely by totalization of insurance periods completed in both Contracting States in accordance with Article 28 of the present Agreement, the amount of the benefit due is determined according to the procedure determined by Article 29, paragraph 2 of this Agreement.
2. if the right to the Belgian invalidity benefits is opened without recourse to the provisions of Article 28 of the present Agreement, and if the amount resulting from the sum of the Albanian invalidity benefit and of the Belgian invalidity benefit calculated in accordance with paragraph 1 of this Article is lower than the amount of the benefit due solely on the basis of the Belgian legislation , the Belgian competent agency will grant a supplement equal to the difference between the total amount of these two benefits and the amount due solely according to the Belgian legislation.
Article 31 Invalidity benefits during a stay in the other Contracting State The beneficiary of an invalidity benefit under the legislation of one of the Contracting States is still entitled to this benefit during a stay in the other Contracting State when that stay has first been authorised by the competent agency of the first Contracting State. That authorisation can, however, only be refused if the stay takes place in the period during which, by virtue of the legislation of the first Contracting State, the competent agency of this Contracting State must estimate or revise the state of invalidity.
Article 32 Insurance periods inferior to one year Notwithstanding the provisions of article 28, in the cases aimed at in article 29 paragraph 2 and article 30 paragraph 1, no. invalidity, old age or survivors' benefit is due by the Belgian competent agency when the insurance periods fulfilled under its legislation, preceding the realization of the risk, do not reach, in total one year.
Article 33 Possible revision of benefits 1. If, due to a rise in the cost of living, the variation of the wage levels or other adjustment clauses, the old - age, survivors' or invalidity benefits of one of the Contracting States are changed with a given percentage or amount, there is no. need to proceed to a new calculation of the old - age, survivors' or invalidity benefits of the other Contracting State.
2. on the other hand, in case of modification of the rules or of the computation process with regard to the establishment of the old - age, survivors' or invalidity benefits a new calculation shall be performed according to Articles 29 and 30. This provision has no. effect on the benefits already paid on the date of entry into force of this amendment.
PART IV - Miscellaneous provisions Article 34 Responsibilities of the Competent Authorities The competent authorities: has) shall take, by means of an administrative arrangement, the measures required to implement this Agreement, and shall designate the liaison agencies, the agencies of the place of stay or residence and the competent agencies;
(b) shall define the procedures for mutual administrative assistance, including the sharing of expenses associated with obtaining medical, administrative and other evidence required for the implementation of this Agreement;
(c) shall directly communicate to each other any information concerning the measures taken for the application of this Agreement;
(d) shall communicate to each other directly, as soon as possible, all changes in their legislation to the extent that these changes might affect the application of this Agreement.
Article 35 Administrative cooperation 1. For the implementation of this Agreement, the competent authorities as well as the competent agencies of both Contracting States shall exchange good practices as they would for the application of their own legislation. In principle, this assistance shall be provided free of charge; However, the competent authorities may agree on the reimbursement of some expenses.
2. The benefit of the exemptions or reductions of taxes, of stamp duties or of registration or recording fees provided for by the legislation of one Contracting State in respect of certificates or other documents which must be produced for the application of the legislation of that State shall be extended to certificates and similar documents to be produced for the application of the legislation of the other State.
3 All acts and documents which must be produced for the implementation of this Agreement shall be exempt from notarization by diplomatic or consular authorities.
4. for the implementation of this Agreement, the competent authorities and agencies of the Contracting States may communicate directly with each other as well as with any person, regardless of the residence of such person. Such communication may be made in one of the languages used for the official purposes of the Contracting States.
Article 36 Claims, Notices and Appeals Claims, notices or appeals which, according to the legislation of one of the Contracting States, should have been submitted within a specified period to an authority, an agency now has jurisdiction of that Contracting State, are acceptable if they are presented within the same specified period to an authority, agency or jurisdiction of the other Contracting State. In this case, the claims, notices or appeals must be sent without delay to the authority or agency of the former Contracting State, either directly or through the competent authorities of the Contracting States.
The date on which thesis claims, notices or appeals have been submitted to an authority, an agency now has jurisdiction of the second Contracting State shall be considered to be the date of submission to the authority, agency or jurisdiction authorised to accept such claims, notices or appeals.
An application or document may not be rejected by the competent authority or organizations of a Contracting State solely because it is in an official language of the other Contracting State.
Article 37 Exchange of personal data 1. The agencies of both Contracting States are authorised for the execution of this Agreement to exchange personal data, including data concerning the income of the persons that the agency of a Contracting State needs for the implementation of a legislation concerning social security.
2. In communicating these data, the agency of a Contracting State has to respect the legislation concerning the protection of personal data of this Contracting State.
3. The keeping, processing and distribution of personal data by the agency of the Contracting State to which these data have been communicated, is governed by the legislation concerning the protection of personal data of this Contracting State.
4. The data referred to in the present article shall be used exclusively for the implementation of a legislation concerning social security.
Article 38 Payment of Benefits Payments of benefits under this Agreement may be made in the currency of either Contracting State.
If the person concerned decides to have the benefit paid in another currency than the currency of one of the official

Contracting States, the risk of exchange is at the charge of the person concerned.
Transfers due to the implementation of this Agreement are performed according to the arrangements in force between the Contracting States.
Legislative provisions concerning currency controls of a Contracting State cannot interfere with the transfer of funds resulting from the implementation of this Agreement.
Article 39 Recognition of Executable decisions and documents 1. All effective decisions of the short as well as the executable decisions of the competent agency or competent authorities of one of the Contracting States with respect to contributions and other receivables from the social security shall be recognised in the other Contracting State.
2 recognition may be refused only in case it contradicts the public order of the Contracting State where the said decision or document must be executed.
3. The procedure of execution of irrevocable decisions and acts has to be in accordance with the legislation of the Contracting State on the territory of which the execution takes place governing the execution of such decisions and acts. The decision or act needs to be accompanied by an attestation confirming its enforceability.
4 The due contributions and other receivables have, within the scope of a procedure of execution, bankruptcy or forced settlement on the territory of the other Contracting State, the same degree of preference as corresponding claims on the territory of this Contracting State.
5 The claims subject to claim gold forced claim are protected by the same guarantees and privileges as the claims of the same nature of an agency situated on the territory of the Contracting State on which the claim or forced claim takes place.
Article 40 Resolution of Disputes Disputes which arise in interpreting or applying this Agreement shall be resolved, to the extent, by the competent authorities as possible.
If the competent authorities cannot reach a solution, they can in accordance with international law, resort to arbitration.
Article 41 Undue payments 1.
When the agency of a contracting State has paid to a beneficiary of benefits a sum that exceeds the one he is entitled to, this agency may request, under the conditions and within the limits of the legislation it applies, that the agency of the other State that must pay a corresponding benefit in favour of this beneficiary to deduct the excess amount from the outstanding annuities due to the said beneficiary. The latter agency makes the deduction under the conditions and within the limits such compensation is authorised by virtue of the legislation it applies, as if it were sums paid in excess by itself, and transfers the amount so deducted to the crediting agency. The details of implementation of this provision shall be fixed in common agreement between the Belgian and Albanian competent authorities.
2 if the excess amount cannot be deducted from the outstanding arrears, the agency of a contracting State that has paid to a beneficiary of benefits a sum that exceeds the one he is entitled to, can, under the conditions and within the limits specified by the legislation it applies, request that the benefits paying agency of the other contracting State in favour of this beneficiary deduct the excess amount from the sums it country to the said beneficiary. The latter agency makes the deduction under the conditions and within the limits such compensation is authorised by virtue of the legislation it applies, as if it were sums paid in excess by itself, and transfers the amount so deducted to the crediting agency.
Article 42 Cooperation concerning the fight against fraud Alongside the implementation of general principles concerning administrative cooperation, the competent authorities will agree in an administrative arrangement on the regulations according to which they will cooperate to fight against fraud with regard to social security contributions and benefits that cross the boundaries of a Contracting State, and particularly with regard to the actual residence of persons the estimate of income, the calculation of contributions and the accumulation of benefits.
PART V - Yransitional and final provisions Article 43 Events prior to the entry into force of the Agreement 1. This Agreement shall also apply to events which occurred prior to its entry into force.
2 This Agreement shall not create any entitlement to acquire benefits for any period prior to its entry into force.
3 All insurance periods completed under the legislation of one of the Contracting States prior to the date on which this Agreement enters into force shall be taken into account in determining entitlement to any benefit in accordance with the provisions of this Agreement.
4. This Agreement shall not apply to rights that were liquidated by the granting of a lump sum payment or the reimbursement of contributions.
Section 44 review, prescription, forfeiture 1. Any benefit that was not paid or that was suspended by reason of the nationality of the interested person or by reason of his residence in the territory of a Contracting State other than that in which the agency responsible for payment is located, shall, on application by the interested person, be paid or restored from the entry into force of this Agreement.
2 The entitlement of interested persons who, prior to the entry into force of this Agreement, obtained the payment of a benefit may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no. case shall such a revision result in a reduction of the prior entitlement of the interested persons.
3 if the application referred to in paragraph 1 or 2 of this Article is made within two years of the date of the entry into force of this Agreement, any entitlement arising from the implementation of this Agreement shall be effective from that date, and the legislation of either Contracting State concerning the forfeiture or the prescription of rights shall not be applicable to such interested persons.
4 if the application referred to in paragraph 1 or 2 of this Article is made after two years following the entry into force of this Agreement, the entitlements which are not subject to forfeiture or which are not yet prescribed shall be acquired from the date of the application, unless more favourable legislative provisions of the Contracting State concerned are applicable.
Article 45 Duration This Agreement is concluded without any limitation on its duration. It may be terminated by either Contracting State giving twelve months' notice in writing to the other State.
Article 46 Guarantee of rights that are acquired or in the course of acquisition In the event of termination of this Agreement, any rights and payment of benefits acquired by virtue of the Agreement shall be maintained. The Contracting States shall make arrangements regarding the rights in the course of acquisition.
Article 47 Entry into Force This Agreement shall enter into force on the first day of the third month following the date of receipt of the note through which the last of both Contracting States will have given notice to the other Contracting State that all domestic requirements have been accomplished.
In witness whereof, the undersigned, being duly authorised thereto, have signed this Agreement.
Done at Brussels, on the 9th December 2013, in duplicate in English, Albanian, French and Dutch, each text being equally authentic. In case of any divergence of interpretation, the English text will prevail.