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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12 FEBRUARY 2009. - Act to approve the Convention on Social Security between the Kingdom of Belgium and Bosnia and Herzegovina, signed in Brussels on 6 March 2006 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on Social Security between the Kingdom of Belgium and Bosnia and Herzegovina, signed in Brussels on 6 March 2006, will come out its full and full effect.
Art. 3. The amendments to the provisions of Articles 7 to 10 of the Convention, as provided for in Article 11 of the Convention, shall be effective and effective.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 February 2009.
ALBERT
By the King:
The Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Pensions,
Ms. M. ARENA
Seal of the state seal:
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, number 4-881/2.
Annales parliamentarians. - Discussion, meeting of 6/11/2008. - Vote, meeting of 6/11/2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1567/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1567/2.
Annales parliamentarians. - 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 its article 50.

CONVENTION ON THE SOCIAL SECURITY
ENTER
BELGIUM ROYAUME
AND
LA BOSNIE-HERZEGOVINE

BELGIUM ROYAUME
AND
BOSNIA AND HERZEGOVINA,
Animated by the desire to settle the mutual relations between the two States in the field of social security,
The following are agreed.
PART Ier
General provisions
Article 1er
Definitions
1. For the purposes of this Convention:
(a) The term "Belgium" means the Kingdom of Belgium;
The term "BiH" refers to Bosnia and Herzegovina.
(b) The term "national" means:
- With regard to Belgium: a person with Belgian nationality;
- With regard to Bosnia and Herzegovina: a person with a Bosnian-Herzegovina nationality.
(c) The term "laws" means: the laws and regulations concerning social security referred to in Article 2.
(d) The term "competent authority" means:
- With regard to Belgium: the Ministers responsible, each with respect to it, of the application of the legislation referred to in Article 2, paragraph 1er;
- With regard to Bosnia and Herzegovina: the Ministries responsible, each with respect to it, for the application of the legislation referred to in Article 2, paragraph 1er.
(e) The term "competent body" means the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in section 2, paragraph 1er, and who has the financial burden of benefits.
(f) The term "insurance period" means: any period recognized as such by the legislation under which the period was completed, as well as any period assimilated recognized by that legislation.
(g) The term "delivery" means: any benefit in kind or in cash provided for in the legislation of each Contracting State including any supplements or increases that are applicable under the laws referred to in Article 2.
(h) The term "family allowances" means: periodic cash benefits granted according to the number and age of children, excluding other supplements or increases.
(i) The term "member of the family" means: any person defined or admitted as a member of the family or designated as a member of the household by the legislation under which the benefits are served, or in the case referred to in Article 14, by the legislation of the Contracting State in whose territory it resides.
(j) The term "survivor" means any person defined or admitted as such by the legislation under which benefits are served.
(k) The term "residence" means the usual stay.
(l) The term "stay" means: temporary stay.
2. Any term not defined in paragraph 1er of this section has the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Convention applies:
- with regard to Belgium, the relevant legislation:
(a) sickness and maternity insurance for workers and self-employed persons;
(b) occupational accidents and diseases;
(c) retirement and survival pensions for workers and self-employed persons;
(d) the disability insurance of employed workers, merchant navy sailors and minor workers and self-employed workers;
(e) unemployment insurance;
(f) Family benefits of workers and self-employed persons.
with regard to Bosnia and Herzegovina, the relevant legislation:
(a) health insurance and health protection;
(b) insurance for pensioners and insurance for disabled persons;
(c) insurance for occupational accidents and diseases;
(d) benefits for unemployment;
(e) Maternity and family benefits.
2. This Convention will also apply to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1er of this article.
3. It shall apply to legislative or regulatory acts that extend existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of the said acts.
4. This Convention shall not apply to legislative or regulatory acts establishing a new social security branch unless an agreement is reached between the competent authorities of the Contracting States.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply to persons who are or have been subject to the legislation of one of the Contracting States and to members of their families and survivors.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 shall be subject to their obligations and shall be entitled to the law of the Contracting State in the same conditions as the nationals of that State.
Article 5
Export of benefits
1. Unless otherwise provided in this Agreement, the benefits of disability, occupational accidents and occupational diseases, as well as those relating to retirement and survival pensions, acquired under the legislation of one of the Contracting States, may not be suspended or subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting State.
2. Retirement and survival benefits, occupational accidents and occupational diseases caused by one of the Contracting States shall be paid to nationals of the other State residing in the territory of a third State under the same conditions as if they were nationals of the first State 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 a Contracting State, in the event of a cumulative benefit with other social security benefits or with other income or as a result of the exercise of a professional activity, shall be enforceable to the beneficiaries, even if the benefit is acquired under a regime of the other State or if it is income obtained or a professional activity exercised on the State.
However, this rule is not applicable to the accumulation of two similar benefits.
PART II
Provisions determining the applicable legislation
Article 7
General rules
1. Subject to Articles 8 to 11, the applicable legislation shall be determined in accordance with the following provisions:
(a) the person performing a professional activity in the territory of a Contracting State shall be subject to the law of that State;
(b) a person who permanently exercises a professional activity on board a ship flying the flag of a Contracting State shall be subject to the law of that State;
(c) a person who is a member of the rolling or navigating personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods by rail, road, air or ferry and having its seat in the territory of a Contracting State shall be subject to the law of the latter State.
2. In the event of the simultaneous exercise of an independent professional activity in Belgium and employee in Bosnia and Herzegovina, the activity carried out in Bosnia and Herzegovina is equivalent to an employee activity carried out in Belgium, with a view to establishing the obligations arising from Belgian legislation relating to the social status of independent workers.
3. A person who engages in a non-employed business in the territory of one and the other Contracting State shall be subject only to the legislation of the Contracting State in the territory of which he or she is habitually resident. For the determination of the amount of income to be taken into account in respect of contributions due under the legislation of that Contracting State, consideration shall be given to the professional income of the independent made in the territory of the two States.
Article 8
Special rules
1. The employee who, being in the service of a company having in the territory of one of the Contracting States an establishment of which he or she normally belongs, shall be detached by that company in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, shall remain, as well as the members of his or her accompanying family, subject to the legislation of the first State as if he or she continued to be occupied in his or her territory provided that the foreseeable period of
2. Article 7, paragraph 1er, b), is not applicable to the person who is not usually occupied on the high seas is occupied in territorial waters or in a port of one of the Contracting States on a ship flying flag of the other State. As the case may be, section 7, paragraph 1er(a) or paragraph 1er of this article is of application.
3. The employee of a transport company having its seat in the territory of one of the Contracting States, which is detached from the territory of the other Contracting State, or is occupied therein either domestically or as travelling personnel, is, as well as the members of its accompanying family, subject to the legislation of the Contracting State in the territory of which the company has its seat.
However, where the undertaking has, in the territory of the other Contracting State, a branch or permanent representation, the employee employed by the latter is subject to the legislation of the Contracting State in the territory of which it is located, with the exception of the employee who is sent therein as non-permanent.
Article 9
Staff members
Officials and assimilated personnel of a Contracting State who are detached from the territory of the other Contracting State to carry out their activities, remain, as well as members of their families, subject to the legislation of the first Contracting State.
Article 10
Members of diplomatic missions and consular posts
1. Nationals of the accrediting State sent as members of a diplomatic mission or consular post by that State in the territory of the accreditary State are subject to the legislation of the first State.
2. (a) Persons engaged by a diplomatic mission or by a consular post of the accrediting State as members of the administrative and technical staff, consular employees or members of the service staff, and residing in the territory of the accrediting State, are subject to the legislation of the latter State.
(b) Notwithstanding the provisions of littera a), persons who are accrediting State nationals may opt for the application of the legislation of that State. Such an election shall take place within six months from the commencement of the occupation or the date of entry into force of this Convention.
3. When the diplomatic mission or consular post of the accrediting State occupies persons who, in accordance with paragraph 2 of this article, are subject to the law of the accrediting State, the mission or post shall take into account the obligations imposed on employers by the law of the latter State.
4. The provisions of paragraphs 2 and 3 of this section shall apply by analogy to persons occupied in the private service of a person referred to in paragraph 1er of this article.
5. The provisions of paragraphs 1 to 4 of this article shall not apply to the honorary members of a consular post or to the persons occupied in the private service of such persons.
6. The provisions of this article shall also apply to family members of persons referred to in paragraphs 1er at 4, living in their home, unless they themselves exercise a professional activity.
Article 11
Derogations
The competent authorities may, by mutual agreement, provide for exemptions to the provisions of Articles 7 to 10 in the interest of certain insured persons or certain categories of insured persons.
PART III
Special provisions concerning benefits
CHAPTER 1er
Disease and maternity
Article 12
For the opening, retention or recovery of the right to benefits and their duration of grant, the periods of insurance under the laws of each State are totalized as long as they do not overlap.
Article 13
1. A person, who is entitled to benefits in kind under the laws of one of the Contracting States and whose condition is to require immediate health care during a stay in the territory of the other Contracting State, shall be entitled to benefits in kind in the territory of that other Contracting State.
2. In-kind benefits are provided, on behalf of the competent body, by the body of the place of stay according to the legislation it applies, the duration of the benefits being governed by the legislation that the competent body applies.
3. Paragraph 1er does not apply:
(a) where a person travels, without authorization from the competent body, to the territory of the other Contracting State for the purpose of receiving medical treatment;
(b) except in the event of an absolute emergency, prosthesis, large-scale equipment and other services of great importance, the list of which is agreed by the competent authorities.
4. It is up to the body of the place of stay to determine the immediate need for care referred to in paragraph 1eras well as the absolute urgency referred to in paragraph 3.
Article 14
1. A person who is entitled to benefits in kind under the laws of one of the Contracting States and who resides in the territory of the other Contracting State shall be entitled to benefits in kind in the territory of that other Contracting State.
2. Members of the family of a person who is subject to the legislation of a Contracting State and who resides in the territory of the other Contracting State shall be entitled to benefits in kind in the territory of that other Contracting State.
3. In-kind benefits are provided, on behalf of the competent body, by the agency of the place of residence according to the legislation it applies.
4. Paragraphs 2 and 3 do not apply to family members if they are entitled to benefits in kind under the laws of the Contracting State in which they reside.
Article 15
1. The person who is, pursuant to Articles 8 or 11, subject to the legislation of a Contracting State, and the members of his or her family who accompany him or her, and whose condition has just required immediate care, shall receive benefits in kind for the duration of their stay in the territory of the other Contracting State.
2. In-kind benefits are provided, on behalf of the competent body, by the body of the place of stay according to the legislation it applies.
3. It is up to the body of the place of stay to determine the immediate need for care referred to in paragraph 1er.
Article 16
The holder of disability, old-age or survival benefits or annuities, due under the laws of the two Contracting States, shall, for himself and the members of his family, receive benefits in kind in accordance with the law of the State in the territory of which he resides and the responsibility of the competent body of that State.
The holder of a disability benefit, an old-age or survival benefit or an annuity, payable exclusively under the legislation of one of the two Contracting States, which resides in the territory of the other Contracting State, shall be entitled to in-kind benefits for himself and members of his family. In-kind benefits are provided, on behalf of the competent body, by the agency of the place of residence according to the legislation it applies.
Article 17
The persons referred to in paragraph 2 of Article 14 and paragraph 2 of Article 16 who reside in the territory of the competent Contracting State shall be entitled to benefits in kind in the territory of that State, to the charge of that State and according to the law applicable to the body of the place of residence.
Article 18
1. The actual amount of in-kind benefits provided under the provisions of sections 13, 14, 15, and 16, paragraph 2, shall be reimbursed by the competent body to the organization that served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1er or agree on another method of reimbursement.
Article 19
1. The person who fulfils the conditions laid down in the law of the competent State to be entitled to cash benefits, if any, in light of the provisions of Article 12, shall be entitled to such benefits even if it is in the territory of the other State. Cash benefits are served directly by the competent body whose beneficiary reports. The beneficiary of cash benefits of health insurance - maternity may stay in the territory of the other Contracting State under the prior agreement of the competent body.
2. The holder of cash benefits under the legislation of a Contracting State may retain the benefit of such benefits if the holder transfers his residence to the territory of the other Contracting State. The debtor State of benefits may require that the transfer of residence be subject to prior authorization from the competent body. However, this authorization may only be refused if the displacement is not recommended for appropriate medical reasons.
CHAPTER 2
Occupational accidents and diseases
Rule 20
1. A person who, due to an accident of work or occupational disease, is entitled to benefits in kind in accordance with the laws of a Contracting State, shall, in the event of a stay or residence in the territory of the other Contracting State, receive benefits in kind.
2. In-kind benefits are provided, on behalf of the competent body, by the body of the place of residence or residence according to the legislation it applies, but the period of grant of benefits is governed by the legislation that the competent body applies.
Article 21
1. The actual amount of in-kind benefits provided under section 20 shall be reimbursed by the competent body to the organization that has served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1er or agree on another method of reimbursement.
Article 22
If the legislation of a Contracting State provides that the industrial accidents or occupational diseases that have occurred before are taken into consideration to assess the degree of disability, occupational accidents and occupational diseases that have occurred before the law of the other Contracting State are deemed to have occurred under the legislation of the first Contracting State.
Article 23
1. Where the victim of a professional illness has carried out an activity that may cause the illness under the law of the two Contracting States, the benefits to which the victim or his survivors may claim are granted exclusively under the law of the State in whose territory the activity was carried out in the last place and subject to the fact that the person concerned fulfils the conditions laid down in that legislation, taking into account, where appropriate, the provisions of paragraph 2.
2. If the award of professional sickness benefits under the legislation of a Contracting State is conditional on the condition that the illness under consideration has been medically recognized for the first time in its territory, that condition shall be deemed to be met when the illness was first found in the territory of the other Contracting State.
Article 24
Where, in the event of a worsening of a professional illness, a person who has benefited or benefited from a benefit for a professional illness under the laws of one of the Contracting States shall, for a professional illness of the same nature, apply the following rules:
(a) If the person has not exercised in the territory of the person The state of employment likely to cause occupational disease or worsen it, the competent body of the first State is obliged to take charge of the benefits, taking into account the worsening, according to the provisions of the legislation it applies;
(b) If the person has exercised such employment in the territory of the latter State, the competent body of the first State is obliged to assume the charge of the benefits, without regard to the aggravation, according to the provisions of the legislation that it applies; the competent body of the second State grants the person an additional amount determined according to the law of that State and equals the difference between the amount of the benefit due after the aggravation and the amount of the benefit that would have been due before the aggravation.
CHAPTER 3
Old, death and disability
Section 1re
Special provisions concerning Belgian benefits
Sub-section A - Old-age insurance and survivors
Rule 25
1. Subject to the provisions of paragraph 2, the periods of insurance and similar periods of time in accordance with the Bosnian-Herzegovinaian pension insurance legislation are totaled as necessary, provided that they do not overlap, with the periods of insurance under Belgian law, for the acquisition, maintenance or recovery of the right to benefits.
2. When Belgian legislation subordinates the granting of certain benefits provided that the insurance periods have been completed in a specific profession, are not totalized, for admission to the benefit of these benefits, only the insurance periods completed or assimilated in the same profession in Bosnia and Herzegovina.
3. Where Belgian legislation subordinates the granting of certain benefits provided that the insurance periods have been completed in a specified profession and when these periods have not been able to grant such benefits, these periods are considered valid for the liquidation of the benefits provided for in the general scheme of employed workers.
Rule 26
1. When the person meets the conditions required by Belgian legislation to be entitled to benefits without the need for totalisation, the Belgian agency calculates the right to benefit directly on the basis of insurance periods in Belgium and according to Belgian legislation alone. The organization also calculates the amount of the benefit that would be obtained by application of the rules set out in paragraph 2, littera (a) and (b). The highest amount is only retained.
2. If a person can claim a benefit under Belgian law, whose right is only open given the totalization of insurance periods made in accordance with Article 25, the following rules apply:
(a) The Belgian agency calculates the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been completed only under the legislation it applies;
(b) the Belgian agency then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
Subsection B - Disability Insurance
Rule 27
For the acquisition, retention or recovery of the right to disability benefits, the provisions of section 25 shall apply by analogy.
Rule 28
1. If the right to Belgian disability benefits is opened only by totalization of the periods of insurance in Bosnia and Herzegovina and Belgium carried out in accordance with Article 27, the amount of the benefit due shall be determined in accordance with the terms and conditions set out in Article 26, paragraph 2.
2. Where the right to Belgian disability benefits is open without the need to appeal to the provisions of Article 27, and the amount resulting from the addition of the Bosno-Herzegovinian benefit and the Belgian benefit calculated under paragraph 1er of this article is less than the amount of the benefit due on the basis of the only Belgian legislation, the competent Belgian agency allocates an equal complement to the difference between the sum of the two above-mentioned benefits and the amount due under the only Belgian law.
Rule 29
Notwithstanding the provisions of Article 27, in the cases referred to in Article 28 (1)erno disability benefit is due by the competent Belgian agency when the insurance periods under Belgian law, prior to the realization of the risk, do not, as a whole, reach one year.
Rule 30
By derogation from Article 5, the holder of a disability benefit from Belgian legislation shall retain the benefit of this benefit during a stay in the other State, when this stay was previously authorized by the competent Belgian body. However, this authorization may only be refused when the stay is in the period in which, under Belgian law, the competent Belgian body must conduct the assessment or review of the condition of disability.
Sub-section C - Common provisions for Belgian benefits
Rule 31
1. If, due to the increase in the cost of living, the change in the level of wages or for other reasons, the old age, survival or disability benefits of Bosnia and Herzegovina are subject to a change in a percentage or a certain amount, a new calculation of the Belgian old age, survival or disability benefits is not required.
2. On the other hand, in the event of a change in the method of establishment or rules for calculating old-age or survival benefits and disability benefits, a new calculation is made in accordance with section 26 or 28.
Section 2
Special provisions
concerning the benefits of Bosnia and Herzegovina
Rule 32
Totalization of insurance periods
Where the laws of a Contracting State condition the opening, retention or recovery of the right to a benefit to the performance of insurance periods, the competent body of that State shall take into account, where appropriate, the periods of insurance under the law of the other Contracting State, as if those periods had been fulfilled under the law of that State, provided that the periods of insurance do not coincide.
Rule 33
Totalization of insurance periods in third States
1. Where the total period of insurance, after application of Article 32 of this Convention, is not sufficient to obtain the right to a benefit, the competent Bosno-Herzegovinian body shall also take into account the periods of insurance carried out in third States with which each of the Contracting States has entered into a social security agreement providing for the totalization of insurance periods.
2. If such a social security agreement with a third State has been concluded only by Bosnia and Herzegovina, the Bosno-Herzegovina insurance agency shall take into account the insurance period carried out by insured persons in a third State, if it is not otherwise disposed of by the agreement with the third State in question.
Rule 34
Period of insurance less than 12 months
The provisions of Articles 32 and 33 of this Convention shall apply only if the period of insurance, carried out in Bosnia and Herzegovina Herzegovina according to the Bosnia-Herzegovina law, reaches at least 12 months, except where, according to this legislation, a right to a benefit exists under the performance of this only insurance period.
Rule 35
Disposition of self-sustainment
Where a right to a benefit exists under the laws of Bosnia-Herzegovina, without the application of Article 32 of this Convention, the competent Bosno-Herzegovinian agency determines the benefit on the basis of the only insurance periods under the laws of Bosnia and Herzegovina.
Rule 36
Liquidation of the prorated benefit
Where a right to a benefit exists under the laws of Bosnia and Herzegovina, only after the application of Articles 32 and 33 of this Convention, the competent Bosno-Herzegovinian body determines the performance as follows:
(a) First, it calculates the theoretical amount of the benefit that would be payable if all insurance periods under the laws of the two Contracting States had been completed only under the legislation it applies;
(b) then calculate the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods under its sole legislation in relation to the duration of all insurance periods recorded under littera (a);
(c) where the total period for the calculation of the benefit, after the application of sections 32 and 33 of this Convention, is longer than the longest period of insurance, on the basis of which, according to the laws of Bosnia-Herzegovina, is determined the amount of the benefit, the competent agency shall determine, from the theoretical amount referred to in littera (a), the amount of the benefit proportionally to the insurance period
CHAPTER 4
Family allowances
Rule 37
1. Where the legislation of a Contracting State provides for the acquisition of the right to benefits for the performance of insurance periods, the agency that applies this legislation shall take into account, to the extent necessary for the purpose of totalisation, the periods of insurance carried out under the law of the other Contracting State, as if it were periods of insurance carried out under the legislation of the first Contracting State.
2. Persons subject to the legislation of one of the Contracting States shall be entitled to the family allowances provided for in the legislation of the first Contracting State in the territory of the other Contracting State.
3. The holder of a benefit or annuity of old age, disability, work accident or occupational disease under the legislation of a Contracting State shall be entitled to children residing in the territory of the other Contracting State to the family allowances provided for in the legislation of the first Contracting State.
4. The holder of benefits or annuities due under the laws of the two Contracting States shall be entitled to children residing in the territory of the other Contracting State other than that in which the holder resides, to the family allowances provided for in the legislation of the Contracting State in which the holder of benefits or annuities resides.
5. The 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 by the legislation of the Contracting State to the legislation of which the deceased person was subjected in the last place and under the conditions prescribed by that legislation.
6. The person who benefits from unemployment benefits under the legislation of a Contracting State shall be entitled, for children residing in the territory of the other Contracting State, to the family allowances provided for in the legislation of the first Contracting State.
7. Notwithstanding paragraphs 2 to 6, when a right to family allowance is opened in the two Contracting States, the State in which the child resides is considered to be the competent State with the charge of the family allowances served in accordance with its legislation.
CHAPTER 5
Unemployment
Rule 38
1. If the legislation of a Contracting State provides for the acquisition, maintenance or recovery of the right to benefits for the performance of periods of insurance or employment, the agency that is responsible for the application of this legislation shall take into account, to the extent necessary, for the purpose of totalisation, periods of insurance or employment carried out as an employee under the law of the other Contracting State as if it were insurance or if it were insurance
2. The agency of the Contracting State, whose legislation provides for the acquisition, maintenance or recovery of the right to benefits for the performance of insurance periods, shall only take into account the periods of employment in the other Contracting State provided that such periods are considered as periods of insurance if they had been fulfilled under the legislation it applies.
3. The application of the provisions of paragraphs 1er and 2 of this Article shall be subject to the condition that the person concerned has completed, in the last place, periods of employment or, in the case of paragraph 2, periods of insurance according to the laws of the Contracting State under which the benefits are sought and that he has carried out under this legislation a professional activity as an employee for at least twenty-six weeks in the last twelve months preceding his application. Paragraph 1er applies notwithstanding the termination of employment, without fault of the employee, before the completion of the twenty-six weeks, when the employment was intended to last longer.
Rule 39
In the case of the application of section 38, the competent Bosno-herzegovinian agency reduces the duration of the delivery of the period during which the competent Belgian agency has paid benefits in the last 12 months prior to the claim.
In the event of the application of the provisions of Article 38, the competent Belgian body shall take into account, as appropriate, to determine the period of grant and the amount of benefits, of the period during which benefits were paid by the competent Bosno-herzegovinian agency, up to a maximum of twelve months and within the limits established by the legislation it applies.
PART IV
Miscellaneous provisions
Rule 40
Responsibilities of competent authorities
The competent authorities:
(a) take all necessary administrative measures for the application of this Convention and designate liaison agencies, competent bodies and institutions of the place of residence or residence;
(b) define the administrative mutual assistance procedures, including the allocation of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) notify, as soon as possible and directly, any changes to their legislation that may affect the application of this Convention.
Rule 41
Administrative collaboration
1. For the purposes of this Convention, the competent authorities and the competent bodies of each of the Contracting States shall lend their good offices, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced pursuant to the legislation of that State is extended to the documents and documents similar to be produced under the law of the other State.
3. All acts and documents to be produced under this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
4. For the purposes of this Convention, the competent authorities and the competent bodies of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her residence. Correspondence may be made in one of the official languages of the Contracting States.
Rule 42
Requests, declarations and remedies
1. Requests, declarations or appeals that should have been brought under the law of a Contracting State, within a specified period of time, to an authority, body or jurisdiction of that Contracting State, shall be admissible if they are brought within the same time limit to an authority, body or jurisdiction of the other Contracting State. In this case, the authority, body or jurisdiction so seized shall forthwith transmit such requests, declarations or recourse to the authority, body or jurisdiction of the first Contracting State either directly or through the competent authorities of the Contracting States. The date on which these requests, declarations or appeals have been filed with an authority, body or jurisdiction of the other Contracting State shall be deemed to be the date on which the authority, body or jurisdiction competent to hear them.
2. An application or document may not be rejected because it is written in an official language of the other Contracting State.
Rule 43
Payment of benefits
1. The competent bodies responsible for benefits under this Convention shall be validly released in the currency of their State.
2. The transfers resulting from the application of this Convention shall take place in accordance with the relevant agreements between the two Contracting States.
3. The provisions of a Contracting State ' s foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Convention.
Rule 44
Settlement of disputes
Disputes relating to the interpretation and enforcement of this Convention shall be settled, to the extent possible, by the competent authorities.
Rule 45
Undue payments
1. If, in the event of the liquidation or revision of benefits under the Convention, the competent body of a Contracting State has paid to the beneficiary of benefits an amount that exceeds the amount to which it is entitled, that body may request the competent body of the other debtor State from a corresponding benefit in favour of that beneficiary, to retain the amount paid too much on the recalls of the arrears due to the recipient.
The terms and conditions for the application of this provision will be mutually agreed between the competent Belgian and Bosno-Herzegovinian bodies.
If the amount paid in excess cannot be retained on checks, the provisions of paragraph 2 shall apply.
2. Where the competent body of a Contracting State has paid to a beneficiary of benefits an amount that exceeds that to which it is entitled, that body may, under the conditions and limits provided for in the legislation that it applies, request the competent body of the other Contracting State, debtor of benefits in favour of that beneficiary, to retain the amount paid in excess of the amounts it pays to the beneficiary. The latter body operates the deduction under the conditions and limits where such compensation is authorized by the legislation it applies, as if it were to be served too much by itself and transfers the amount so retained to the competent creditor body.
PART V
Transitional and final provisions
Rule 46
Previous events
to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention shall not open any entitlement to benefits for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to a benefit opening in accordance with the provisions of this Convention.
4. This Convention does not apply to rights that have been liquidated by the granting of a lump sum allowance or the reimbursement of contributions.
Rule 47
Revision, prescription, termination
1. Any benefit that has not been disposed of or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory where the competent debtor is located is at the request of the person concerned, liquidated or restored from the entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, the liquidation of a benefit or annuity shall be revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the previous rights of beneficiaries.
3. If the request referred to in paragraphs 1er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State, relating to the termination or limitation of rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1er or 2 of this article shall be submitted after the expiration of a period of two years following the entry into force of this Convention, the rights which are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting State concerned.
Rule 48
Duration
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification addressed to the other Contracting State with a twelve-month notice.
Rule 49
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of benefits acquired under the Convention shall be maintained. Contracting States shall make arrangements with respect to acquisition rights.
Rule 50
Entry into force
This Convention shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Contracting States has served the other Contracting State that the formalities required are fulfilled.
On the day of the entry into force of this Convention, with regard to relations between the two Contracting States, the Social Security Convention signed on 1er November 1954 between the Federal People's Republic of Yugoslavia and the Kingdom of Belgium ceases to exist and is replaced by this Convention.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in Brussels on 6 March 2006, in duplicate, in the French, Dutch, Bosnian, Croatian and Serbian language, the five texts being equally authentic.