Law Approving The Convention On Social Security Between The Kingdom Of Belgium And Bosnia And Herzegovina, Signed In Brussels On March 6, 2006 (1) (2)

Original Language Title: Loi portant assentiment à la Convention sur la sécurité sociale entre le Royaume de Belgique et la Bosnie-Herzégovine, signée à Bruxelles le 6 mars 2006 (1) (2)

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Posted the: 2012-06-21 Numac: 2009015026 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 12 February 2009. -Law concerning consent to the Convention on social security between the Kingdom of Belgium and Bosnia and Herzegovina, signed in Brussels on March 6, 2006 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention on social security between the Kingdom of Belgium and Bosnia and Herzegovina, signed in Brussels on March 6, 2006, 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 self under the seal of the State and published by le Moniteur.
Given in Brussels, February 12, 2009.
ALBERT by the King: the Minister of Foreign Affairs, K. DE GUCHT the Minister of Social Affairs, Ms. L. ONKELINX the Minister of independent, Ms. S. LARUELLE the Minister of Pensions, Ms. M.
ARENA sealed with the seal of the State: the Minister of Justice, S. DE CLERCK _ Notes (1) 2007 - 2008 and 2008-2009 Session: Senate.
Documents. -Bill tabled on 16/07/2008, no. 4 - 881/1. -Report, n ° 4-881/2.
Parliamentary Annals. -Discussion, session of 6/11/2008.
-Vote meeting of 6/11/2008.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 52-1567/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1567/2.
Parliamentary Annals. -Discussion, meeting of 27/11/2008. -Vote meeting of 27/11/2008.
(2) this convention entered into force on 1/6/2009, in accordance with article 50.

CONVENTION on the security social between the Kingdom of Belgium and the Bosnia and Herzegovina the Kingdom of Belgium and Bosnia and Herzegovina, animated by the desire to resolve the interrelationship between the two States in the field of social security, have agreed to the following.
TITLE I provisions General Article 1 Definitions 1. For the purposes of this Convention: a) "Belgium" means: the Kingdom of Belgium;
«Bosnia and Herzegovina» means: the Bosnia and Herzegovina.
(b) the term "national" means:-in respect to the Belgium: a person who has the Belgian nationality.
-With regard to Bosnia and Herzegovina: a person who has the nationality Bosnian-herzegovinienne.
(c) the term 'legislation' means: the laws and regulations on social security referred to in article 2.
(d) 'competent authority' means:-with regard to the Belgium: Ministers, each in relation to the application of the legislation referred to in article 2, paragraph 1;
-With regard to Bosnia and Herzegovina: ministries, each in relation to the application of the legislation referred to in article 2, paragraph 1.
(e) 'competent body' means: the institution, organization or authority to implement, in whole or in part, the laws referred to in article 2, paragraph 1, and which has the financial burden of benefits.
(f) the term "period of insurance" means: any period recognized as such by the legislation under which this period has been completed, as well as any similar period recognized by this legislation.
(g) "benefit" means: any benefits in kind or in cash provided by the legislation of each of the Contracting States including all supplements or increases which are applicable under the laws referred to in article 2.
(h) the term 'family allowances' means: the periodic cash benefits granted according to the number and age of children other than other supplements or increases.
(i) the term 'member of the family' means: any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which the benefits are provided, or in the case referred to in article 14, by the legislation of the State on whose territory she resides.
(j) the term "survivor" means: any person defined or recognized as such by the legislation under which the benefits are provided.
(k) the term 'residence' means: the habitual residence.
(l) the term 'residence' means: the temporary stay.
2. any term not defined in paragraph 1 of the present article has the meaning assigned to it by legislation which applies.
Article 2 scope 1. This Convention shall apply:-as regards Belgium, the laws on: has) to insurance sickness and maternity of salaried workers and the self-employed;
(b) to accidents of work and occupational diseases;
(c) to the pensions and survival of salaried workers and the self-employed;
(d) to disability insurance of salaried workers, sailors of the Merchant Navy and miners as well as self-employed individuals;
(e) to insurance unemployment;
(f) to family benefits of salaried workers and the self-employed.
with regard to Bosnia and Herzegovina, to the legislation concerning: has) insurance of health and health protection;
(b) to insurance for pensions and insurance for invalids;
(c) to the insurance in case of accidents at work and professional diseases;
(d) for benefits in case of unemployment.
(e) for benefits in case of maternity and family allowances.
2. this Convention shall also apply to all legislative or regulatory acts which amend or supplement the laws listed in paragraph 1 of this article.
3. it will apply to the legislative or regulatory acts which will extend the existing to new categories of beneficiaries plans if there is not, in this regard, opposition of the Contracting State which amends its legislation notified to the other Contracting State within a period of six months from the publication official said acts.
4. the Convention is not applicable to legislative or regulatory acts establishing a new branch of social security, unless an agreement is reached between the competent authorities of the Contracting States.
Article 3 scope of application personal unless provided otherwise, this Convention applies to persons who are or who have submitted to the legislation of one Contracting States as well as to members of their families and their survivors.
Article 4 equality of treatment unless 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, the benefits, invalidity, accidents at work and occupational diseases as well as those relating to retirement and survival pensions acquired under the legislation of one of the Contracting States to cannot be suspended, nor suffer any reduction or change the beneficiary resides or resides in the territory of the other Contracting State.
2. the benefits of retirement and survival, accidents at work and occupational diseases caused by one of the Contracting States are paid to nationals of the other State who reside in the territory of a third State under the same conditions as nationals of the first 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 other benefits welfare or with other income, or because of the exercise of a professional activity, are prejudicial to the recipients, even if it benefits acquired under a regime of the other State or if it obtained income or a professional activity in the territory of the other State.
However, this rule is not applicable to cumulation of two similar benefits.
Title II provisions determining the applicable law Article 7 General rules 1. Subject to articles 8 to 11, the applicable law is determined in accordance with the following provisions: a) person exercising a professional activity in the territory of a Contracting State is subject to the legislation of that State;
(b) a person who exercises a professional activity permanently on board a vessel flying flag of a Contracting State is subject to the legislation of that State;
(c) the person who is part of the travelling staff or browsing of an undertaking, for hire or reward or for its own account, international transport of passengers or goods by ways railway, road, air or inland and has its headquarters on the territory of a Contracting State is subject to the legislation of the latter State.
2. in the case of simultaneous exercise of independent professional activity in Belgium and employed in Bosnia and Herzegovina, the activity carried out in Bosnia and Herzegovina 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 exercising a professional activity where he is self-employed in the territory of one and the other

Contracting State 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 professional self-employed income earned in the territory of the two States.
Article 8 specific rules 1.
Self-employed person who, being at the service of an undertaking having the territory of one of the Contracting States where it is normally is posted by this company on the territory of the other Contracting State to undertake work for the account of, remains, as well as members of his family who accompany him, subject to the legislation of the first State as if it continued to be occupied its territory provided that the anticipated duration of work it must perform does not exceed twenty-four months and that he is not sent to replace another person received at the end of the period of secondment.
(2. article 7, paragraph 1, b), is not applicable for the person who is not usually occupied on the high seas is occupied in the territorial waters or in a port of one of the Contracting States on a ship flying the flag of another State. As appropriate, article 7, paragraph 1, has), or paragraph 1 of the present article shall apply.
3. the self-employed person of a transport company with Headquarters on the territory of one of the Contracting States, which is posted on the territory of the other Contracting State, or is busy, either temporarily, or as trades, is, and the members of his family who accompany him, subject to the legislation of the Contracting State in whose territory the undertaking has its headquarters.
However, when the enterprise on the territory of the other Contracting State, a branch or permanent representation, the employee that it occupies is subject to the legislation of the State Contracting on whose territory it is located, except the one which is sent on a non-permanent basis.
Article 9 officers and related occupations of a Contracting State officials who are posted to the territory of the other Contracting State to exercise their activity, remain, and the members of their family, subject to the legislation of the first State.
Article 10 members of diplomatic missions and consular posts 1. Nationals of the State accrediting sent as members of a diplomatic mission or a consular post by the State on the territory of the receiving State are subject to the legislation of first State.
2. a) persons engaged by a diplomatic mission or a consular post of the State accrediting as members of the administrative and technical staff, to consular or members of the service staff employees, and residing in the territory of the receiving State, are subject to the legislation of the latter State.
(b) Notwithstanding the provisions of littera a), persons who are nationals of the State accrediting may opt for the application of the legislation of that State. This choice must take place within the six months of the beginning of the occupation or the date of entry into force of this Convention.
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 all persons employed in the private service of a person referred to in paragraph 1 of this article.
5. the provisions of paragraphs 1 to 4 of this article shall not apply to honorary members of a consular post, or 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 homes, unless they exercise themselves 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.
Title III special provisions concerning benefits Chapter 1 sickness and maternity Article 12 for the opening, retention or recovery of the right to benefits and their duration of grant, periods of insurance completed under the legislation of each State are aggregated provided that they do not overlap.
Article 13 1. A person, who is entitled to benefits in kind under the legislation of one of the Contracting States and which the State comes to require immediate health care during a stay in the territory of the other Contracting State, shall receive benefits in kind in the territory of that other Contracting State.
2. the benefits in kind are provided, on behalf of the competent authority, by the Agency of the place of stay according to the legislation which it administers, for the granting of benefits is however governed by the legislation administered by the competent body.
3. paragraph 1 shall not apply: a) when a person visits, without authorization from the competent agency, the territory of the other Contracting State in order to receive medical treatment;
(b) except in absolute emergencies, to prostheses, major appliances and other benefits in kind of great importance which the list is stopped by mutual agreement by the competent authorities.
4. the onus is on the Agency of the place of stay to determine the immediate necessity for the care referred to in paragraph 1, as well as to see the extreme urgency referred to in paragraph 3.
Article 14 1. A person, who is entitled to benefits in kind under the legislation of one of the Contracting States and who resides in the territory of the other Contracting State, shall receive benefits in kind in the territory of that other Contracting State.
2. the members of the family of a person who is subject to the legislation of a Contracting State and who are resident in the territory of the other Contracting State receive benefits in kind in the territory of that other Contracting State.
3. the benefits in kind shall be provided, on behalf of the competent body, by the Agency of the place of residence in accordance with the legislation which it administers.
4. paragraphs 2 and 3 shall not apply to the members of the family if they are entitled to benefits in kind under the legislation of the Contracting State in whose territory they reside.
Article 15 1. The person who is, under articles 8 or 11, subject to the legislation of a Contracting State, as well as members of his family who accompany him, and whose state comes to require immediate care, receive benefits in kind for 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 according to the legislation which it administers.
3. it belongs to the Organization of the place of stay to determine the immediate necessity for the care referred to in paragraph 1.
Article 16 the holder of invalidity benefits, old-age or of survival or annuities, due under the laws of both Contracting States, benefits for himself and members of his family to benefits in kind under the legislation of the State in whose territory he resides and the responsibility of the competent authority of that State.
The holder of an invalidity benefit, old age benefit or survival or an annuity, due 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 to benefits in kind. Benefits in kind shall be provided, on behalf of the competent authority, by the Agency of the place of residence in accordance with the legislation which it administers.
Article 17 the persons referred to in paragraph 2 of article 14 and paragraph 2 of article 16, which stay on the territory of the Contracting State competent receive benefits in kind in the territory of that State, to the charge and according to the legislation administered by the Agency of the place of stay.
Section 18 (1). The actual amount of the benefits in kind provided by virtue of the provisions of articles 13, 14, 15, and 16 paragraph 2, is covered by the relevant body to the body which served said benefits, as laid down in the Administrative Arrangement.
2. the competent authorities may decide by mutual agreement 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 19 1. The person who fulfils the conditions laid down by the legislation of the competent State for entitlement to cash benefits, taking into account where appropriate the provisions of article 12, entitled to these benefits even if it is located on the territory of the other State. Cash benefits are served directly by the competent body responsible for the beneficiary. The beneficiary of cash benefits for sickness insurance - maternity may reside within the territory of the other Contracting State with the consent of the competent body.

2. the holder of cash payments to under the legislation of a Contracting State can keep these benefits if he transfers his residence in the territory of the other Contracting State. The debtor State of benefits may require that the transfer of residence is subject to prior authorisation by the competent body. However, this authorization may be refused only if the move is not recommended for medical reasons duly established.
Chapter 2 Accidents at work and occupational diseases Article 20 1. A person who, because of an accident at work or an occupational disease is entitled to benefits in kind under the legislation of a Contracting State, has in the event of stay or residence in the territory of the other Contracting State to benefits in kind.
2. the benefits in kind are provided, on behalf of the competent authority, by the Agency of the place of stay or residence in accordance with the legislation which it administers, for the granting of benefits is however governed by the legislation administered by the competent body.
Article 21 1. The actual amount of the benefits in kind provided under article 20 is paid 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 22 if the legislation of a State contractor provides 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 23 1. When the victim of an occupational disease pursued an activity likely to cause the disease under the legislation of both Contracting States, benefits to which the victim or his survivors may claim shall be granted exclusively in respect of the legislation of the State in the territory of which this activity has been exercised last and subject that the person concerned meets the conditions provided for by this legislation taking into account, where appropriate, 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.
Article 24 when, in the case of aggravation of an disease professional, the person who is or who has received a benefit for 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 has not been the territory of the latter State may cause employment the illness or make worse it, the competent authority of the first State shall meet the cost of benefits, taking into account the aggravation, according to the provisions of the legislation which it administers;
(b) if the person has exercised on the territory of the latter State such employment, the competent body of first State shall assume the cost of the benefits under the provisions of the legislation which it administers; not taking into account the aggravation the competent body of the second State gives the person a supplement whose amount is determined according to the legislation of that State and that is equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit which would have been due prior to the aggravation.
Chapter 3 old age, death and invalidity Section 1 provisions concerning Belgian benefits subsection A - pension and survivors Article 25 1. Subject to the provisions of paragraph 2, periods of insurance and the assimilated periods completed under the Bosnian-herzegovinienne legislation relating to pension insurance, shall be aggregated as necessary, on condition that they do not overlap with periods of insurance completed under the Belgian legislation, for the acquisition, maintenance or recovery of entitlement to benefits.
2. when the Belgian legislation granting certain benefits on the condition that the periods of insurance have been completed in a given profession, not are totaled, for admission to these benefits, the periods of insurance completed or assimilated into the same profession in Bosnia and Herzegovina.
3. where Belgian legislation granting certain benefits provided that periods of insurance have been completed in a particular profession and when these periods were able to qualify such benefits, those periods are considered valid for the liquidation of the benefits provided for the general scheme for workers.
Article 26 1. Where the person meets the conditions required by Belgian legislation for entitlement benefits without any need for aggregation, the Belgian organisation calculates the right to delivery directly on basis of periods of insurance completed in Belgium and Belgian legislation only. This organization is also the calculation of the amount of the benefit that would be obtained by application of the rules laid down in paragraph 2, letter a) and b). The highest amount is only retained.
2. If a person is entitled to a benefit under Belgian legislation, which the right is open only in light of the aggregation of periods of insurance effected in accordance with article 25, the following rules apply: a) the Belgian agency calculate the theoretical amount of the benefit that would be due if all the insurance periods completed under the legislation of both Contracting States had been completed only under the legislation which it administers;
(b) the Belgian organisation then calculates the amount due, on the basis of the amount referred to in the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of periods of insurance recorded under the littera has).
Subpart B - Disability Article 27 to the acquisition, retention or recovery of the right to invalidity benefits, the provisions of article 25 shall apply by analogy.
Article 28 1. If the right to Belgian disability benefits is open only by aggregation of periods of insurance Bosnian-herzegoviniennes and Belgian made in accordance with article 27, the amount of the benefit payable shall be determined following the rules laid down by article 26, paragraph 2.
2. where the right to Belgian disability benefits is open without requiring to use the provisions of article 27, and the amount resulting from the addition of the Bosnian-herzegovinienne delivery and the Belgian benefit calculated according to paragraph 1 of this article, is less than the amount of the benefit due on basis of Belgian legislation only the competent Belgian authority allocates a supplement equal to the difference between the sum of the two abovementioned benefits and the amount due under Belgian legislation only.
Article 29 notwithstanding the provisions of article 27, in the cases referred to in article 28 paragraph 1, any disability benefit is due by the Belgian competent body when periods of insurance completed under Belgian legislation, prior to the materialisation of the risk, do not, as a whole, a year.
Section 30 by way of derogation from article 5, the holder of a disability benefit for the Belgian legislation retains the benefit of this provision during a stay in the other State, when this stay has been previously authorized by the Belgian competent body.
However, this authorization may be refused where the residence is located in the period during which, under Belgian law, the Belgian competent body must conduct an evaluation or review of the degree of invalidity.
Subpart C - Provisions common to Belgian benefits Article 31 1. If, due to the increase in the cost of living, of the variation in the level of wages or for other reasons, old-age benefits, survival or disability of the Bosnia and Herzegovina undergo a change of a percentage or a fixed amount, there is no reason to proceed with a new calculation of old-age benefits, survival or Belgian disability.
2 However, in the case of changing the mode of establishment or of the rules for the calculation of old-age survival or disability benefits, a recalculation is made in accordance with article 26 or 28.
Section 2 special provisions concerning benefits of Bosnia and Herzegovina Article 32 totalization of insurance periods where the legislation of a State Contracting affects the opening, retention or recovery of the right to a benefit to the completion of periods of insurance, the competent authority of that State shall take

into account, as appropriate, periods of insurance completed under the legislation of the other Contracting State, as if those periods had been completed under the legislation of that State, provided that the periods of insurance do not coincide.
Article 33 totalization of insurance periods completed in third States 1. When the total period of insurance, after application of article 32 of the Convention, is not sufficient to obtain the right to a benefit, the organization competent Bosnian-herzegovinien also takes into account the periods of insurance completed in third States with which each of the Contracting States has concluded a social security agreement providing for the aggregation of periods of insurance.
2. If such a convention of social security with a non-Member State has been concluded by the Bosnia and Herzegovina, Bosnian-herzegovinien insurance organization takes into account the period of insurance completed by the insured in a third State, if it is not otherwise provided by the agreement with the third country in question.
Article 34 less than 12-month insurance period the provisions of articles 32 and 33 of this Convention apply only if the period of insurance completed in Bosnia and Herzegovina under Bosnian-herzegovinienne law, achieved at least 12 months, except when, following this legislation, a right to a benefit exists under this single period of insurance.
Article 35 Liquidation of the independent benefit when a right to a benefit exists under the legislation Bosnian-herzegovinienne, without the application of article 32 of this Convention, the organization competent Bosnian-herzegovinien determines the benefit on the basis of only periods of insurance completed under the Bosnian-herzegovinienne legislation.
Article 36 winding-up of the pro rata benefit when a right to a benefit exists under the legislation Bosnian-herzegovinienne, only after the application of articles 32 and 33 of this Convention, the competent body Bosnian-herzegovinien determines the delivery in the following manner: a) Firstly, it calculates 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) then, it calculates the amount owing, on the basis of the amount referred to the littera), in proportion to the duration of the periods of insurance completed under its sole legislation compared to the duration of all the insurance periods recorded under the littera has);
c) when the totalized period used for the calculation of the benefit, after the application of articles 32 and 33 of this Convention, is longer that the longest insurance period, on the basis of which, according to Bosnian-herzegovinienne, is determined the amount of the benefit, the competent body will set, the theoretical amount referred to in the letter a), the amount of the benefit proportionally to the period of insurance completed under its legislation and the longest period insurance on the basis of which is determined the amount of the benefit.
Chapter 4 allowances family Article 37 1. Where the legislation of a Contracting State makes acquisition of the right to benefits to the completion of periods of insurance, the agency that administers that legislation takes into account therefor, to the extent necessary for the purposes of aggregation, of periods of insurance completed under the legislation of the other Contracting State, as periods of insurance completed under the legislation of the first Contracting State.
2. persons subject to the legislation of one of the Contracting States have right for children who reside in the territory of the other Contracting State to the family allowances provided for by the legislation of the first State Contracting.
3. the holder of a provision or pensions for old age, invalidity, accident at work or occupational disease under the legislation of a Contracting State has right to children who reside in the territory of the other Contracting State to the family allowances provided for by the legislation of the first Contracting State.
4. the holder of benefits or pension due in respect of the laws of the two Contracting States entitled for children who reside in the territory of the other Contracting State than that where the licensee, to the family allowances provided for by the legislation of the Contracting State where lies the holder of benefits or annuities.
5. the child who resides in the territory of a Contracting State, and who is orphan of a deceased person who was subject to the legislation of the other Contracting State, is entitled to the family allowances provided for by the legislation of the Contracting State to the legislation of which the deceased was subject last and under the conditions set by this law.
6. the person receiving benefits under the legislation of a Contracting State unemployment is entitled, for children who reside in the territory of the other Contracting State, to the family allowances provided for by the legislation of the first Contracting State.
7. Notwithstanding paragraphs 2 to 6, when a right to family allowances is opened in both Contracting States, the State where the child resides is considered be the competent State in charge of family allowances in accordance with its legislation.
Chapter 5 unemployment Article 38 1. If the legislation of a Contracting State makes the acquisition, retention or recovery of the right to the completion of periods of insurance or employment benefits, the body which is responsible for the implementation of this legislation takes into account therefor, to the extent necessary for the purpose of totalization, periods of insurance or employment completed as an employed person under the legislation of the other Contracting State as periods of insurance or employment completed under the legislation which it administers.
2. the Agency of the Contracting State whose legislation makes the acquisition, retention or recovery of the right to the completion of periods of insurance benefits, is required to take into account periods of employment completed in the other Contracting State that provided that these periods are considered as periods of insurance if they had been completed under the legislation which it administers.
3. the application of the provisions of paragraphs 1 and 2 of this article shall be subject to the condition that the person concerned has completed Lastly of periods of employment or, in the case of paragraph 2, periods of insurance under the legislation of the Contracting State under which benefits are requested and he has done under this legislation an occupation worker employed for twenty-six weeks at least during the 12 months preceding its application. Paragraph 1 shall apply notwithstanding the cessation of employment, through no fault of the employee, before the completion of twenty-six weeks, when this job was designed to last longer.
Article 39 in the case of the application of article 38, the body competent Bosnian-herzegovinien reduces the duration of the benefit of the period during which the Belgian competent authority paid benefits during the twelve months immediately preceding the application for delivery.
In case of application of the provisions of article 38, the Belgian competent authority takes into account, if appropriate, to determine the duration of grant and the amount of the benefits, of the period during which benefits were paid by the body competent Bosnian-herzegovinien, up to a maximum of twelve months and within the limits laid down by the legislation which it administers.
Title IV provisions various Article 40 responsibility of the competent authorities the competent authorities: has) take all the administrative measures necessary for the application of this Convention and shall appoint liaison bodies, relevant bodies and organizations of the place of stay or residence;
(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) communicate directly all information concerning the measures taken for the application of this Convention;
(d) shall communicate, as soon as possible and directly, any change in their legislation which may affect the application of this Convention.
Article 41 administrative cooperation 1. For the purposes of this Convention, the competent authorities and the competent bodies of each of the Contracting States reciprocally lend their good offices, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain expenses.
2. the 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 as well as with anyone, regardless of residence. Correspondence can be done in one of the official languages of the Contracting States.
Article 42 applications, statements and appeals 1. Claims, declarations or appeals which should be introduced, according to the legislation of a Contracting State, within a specified period to an authority, a body or a Court of this State, are admissible if they are introduced within the same period to an authority, a body or a Court of the other Contracting State.
In this case, the authority, the agency or the Court so seized shall without delay send these requests, declarations or appeals to authority, the body or the jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date to which such claims, declarations or appeals were introduced to an authority, a body or a Court of the other Contracting State is considered as the date of submission to the authority, body or competent jurisdiction to learn.
2. an application or document may be rejected because it is written in an official language of the other Contracting State.
Article 43 payment of benefits 1. The debtor benefits under this Convention bodies will validly release in the currency of their State.
2. transfers resulting from the application of the present Convention are held in accordance with the agreements in force on this matter between the two Contracting States.
3. the provisions of the legislation of a State Contracting monitoring Exchange cannot impede the free transfer of the financial amounts resulting from the application of this Convention.
Article 44 the dispute settlement disputes relating to the interpretation and execution of this agreement will be resolved, to the extent possible, by the competent authorities.
Article 45 undue payments 1. If wind-up or the revision of benefits under the Convention, the competent authority of a Contracting State paid to the recipient of benefits a sum which exceeds that to which he is entitled, this organization may apply to the competent body of the other debtor State corresponding to this beneficiary provision, retain the overpayment on the arrears owed recipient audit callbacks.
Detailed rules for the application of this provision will be adopted by common agreement between the Belgian competent bodies and Bosnian-Herzegovinian.
If the amount paid in too cannot be retained on the arrears recalls, the provisions of paragraph 2 shall apply.
2. where the competent body of a State Contracting paid to a recipient of benefits a sum in excess of that to which he is entitled, this organization may, under the conditions and limits laid down by the legislation which it administers, request the competent agency of the other Contracting State, paying benefits to that beneficiary, to withhold the overpayment 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 he were people who were served by itself, and shall transfer the amount so deducted to the creditor body.
Title V transitional and final section 46 contingencies prior to the entry into force of the Convention 1. This Convention also applies to contingencies is conducted prior to its entry into force.
2. the present Convention no right to benefits for a period prior to its entry into force.
3. any period of insurance completed under the legislation of a Contracting State before the date of entry into force of the present Convention is taken into account for the determination of the entitlement to a benefit opening in accordance with the provisions of this Convention.
4. this Convention does not apply to rights which had been liquidated by the granting of a lump sum or the reimbursement of contributions.
Article 47 Revision, prescription, forfeiture 1.
Any benefit which has not been awarded or which has been suspended because of the nationality of the person concerned or by reason of his residence in the territory of the Contracting State other than that where the competent paying agency, is at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. the rights of the persons concerned having obtained prior to the entry into force of this Convention, the liquidation of a benefit or an annuity, are revised at their request, in light of the provisions of this Convention. 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 or the other State Contracting relating to the forfeiture or the prescription of rights, are prejudicial to the persons concerned.
4. If the request referred to in paragraphs 1 or 2 of the present article is submitted after the expiry of a period of two years following the entry into force of this Convention, the rights which are not stricken forfeited or which are not prescribed are acquired from the date of the application, subject to more favourable provisions of the legislation of the State Contracting in question.
Article 48 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 49 acquired rights or guarantee in the process 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 50 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.
The day of the entry into force of this Convention, with respect to the relationship between the two Contracting States, the Convention on social security signed on November 1, 1954 between the federative people's Republic of Yugoslavia and the Kingdom of Belgium ceases to exist and is replaced by this Convention.
In witness whereof the undersigned, duly authorized, have signed this Convention.
Done at Brussels, on March 6, 2006, in duplicate, in French, Dutch, Bosnian, Croatian and Serbian, the five texts being equally authentic.

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