25 SEPTEMBER 2000. - An Act to approve the Convention to Review the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey signed in Brussels on 4 July 1966 and the two administrative arrangements signed in Ankara on 30 June 1997 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Review of the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey of 4 July 1966 and the two Administrative Arrangements, made in Ankara on 30 June 1997, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 25 September 2000.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Social Affairs and Pensions,
F. VANDENBROUCKE
Minister of Agriculture and Middle Class,
J. GABRIELS
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Senate
Session (1999-2000)
Documents
Bill, tabled on 10 July 2000, No. 2-446/1. - Report No. 2-446/2. - Text adopted by the Commission, No. 2-446/3.
Annales parliamentarians.
Discussion, meeting of 21 June 2000. - Vote, meeting of 22 June 2000.
House of Representatives
Documents
Project transmitted by the Senate, No. 50-745/1. - Text adopted in plenary and subject to Royal Assent, No. 50-745/2.
Annales parliamentarians.
Discussion, 6 July 2000. - Vote, meeting of 6 July 2000.
(2) Pursuant to Article 10, the agreement entered into force on 1^er April 2002.
Convention to Review the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey signed in Brussels on 4 July 1966
The Kingdom of Belgium and the Republic of Turkey motivated by the desire to adapt the Social Security Convention to the evolution of the legislation in the two Contracting States and to the general direction taken by the international instruments in the field of social security,
resolved to conclude a Convention amending the existing Convention.
Article 1^er
In the Convention of 4 July 1966 a new article 1^er to read:
“Article 1^er. § 1^er. For the purposes of this Convention:
(a) The term "Belgium" refers to the Kingdom of Belgium; "Turkey" means the Republic of Turkey.
(b) The term "national" means:
With regard to Belgium: a person of Belgian nationality.
With regard to Turkey: a person of Turkish nationality.
(c) The term "laws" means the laws and regulations referred to in section 2, paragraph 1^er.
(d) The term "competent authority" or "Supreme Administrative 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 1^er, 1.
With regard to Turkey: the Ministry of Labour and Social Security and other relevant Ministries.
(e) The term "institution" means: the body, organization or authority responsible for applying, in whole or in part, the legislation referred to in section 2, paragraph 1^er.
(f) The term "insurance period" means: any period recognized as such by the legislation under which the period was completed, and any period recognized by that legislation as equivalent to an insurance period.
(g) The term "benefits" means: any pension or benefit in kind or in cash provided for in the legislation of each Contracting State, including any supplements or increases applicable to them under the laws referred to in Article 2, paragraph 1^er.
(h) The term "family allowances" means: periodic cash benefits granted exclusively on the basis of the number and age of children.
(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 10, 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 as defined in the Administrative Arrangement.
(m) The term "patride" means: any person defined as stateless in section 1^er of the 28 September 1954 Convention relating to the Status of Stateless Persons.
(n) The term "refugee" means: a person who has been granted refugee status under the Convention of 28 July 1951 relating to the Status of Refugees and the Additional Protocol of 31 January 1967.
§ 2. Any term not defined in this section has the meaning assigned to it by the legislation that applies. »
Article 2
Article 1^er of the Convention of 4 July 1966 is replaced by the following text and becomes Article 1^erbis:
“Article 1^erbis. § 1^er. Unless otherwise provided, this Convention shall apply:
(a) Employee and assimilated workers and, by analogy, self-employed persons, provided that such workers are or have been subject to the legislation of one of the Contracting States and that they are:
(i) nationals of one of the Contracting States, or
(ii) stateless persons or refugees recognized by one of the Contracting States,
and members of their families and survivors;
(b) Survivors and family members of employed and assimilated workers, as well as, by analogy, independent workers, provided that such workers have been subject to the legislation of one of the Contracting States, regardless of the nationality of the latter when these survivors or family members are nationals of one of the Contracting States or stateless persons or refugees recognized by one of the Contracting States.
§ 2. Unless otherwise provided in this Convention, the persons referred to in § 1^er shall be subject to the obligations and shall be entitled to the law of each of the Contracting States under the same conditions as the nationals of that State. »
Article 3
Paragraph 2 (a) of Article 4 of the Convention is replaced by the following provision:
“(a) An 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 reports, is detached by that enterprise in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, remains, as well as the members of his or her family who accompany him, 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 the The period of detachment may exceptionally be extended by mutual agreement of the competent authorities. »
Article 4
Article 3 and Article 4(2)(c) of the same Convention shall be deleted. Article 5 of the same Convention is replaced by the following provision:
“Article 5. § 1^er. Civil servants and assimilated personnel are subject to the legislation of the Contracting State under which the administration which occupies them is responsible. Such persons, as well as members of their families, are considered to be resident in that Contracting State, even if they are in the other Contracting State.
§ 2. (a) Nationals of a Contracting State sent by the Government of that Contracting State in the territory of the other Contracting State as members of a diplomatic mission or consular post shall be subject to the legislation of the first Contracting State.
(b) Persons engaged by a diplomatic mission or by a consular post of one of the Contracting States in the territory of the other Contracting State shall be subject to the legislation of the latter Contracting State.
However, persons who are nationals of the first Contracting State may opt for the application of the legislation of that Contracting State.
(c) Where the diplomatic mission or consular post of one of the Contracting States occupies persons who, in accordance with paragraph (b) of this paragraph, are subject to the legislation of the other Contracting State, the mission or post shall take into account the obligations imposed on employers by the legislation of that Contracting State.
(d) The provisions of paragraphs (b) and (c) of this paragraph shall apply by analogy to persons in private service of a person referred to in paragraph (a) of this paragraph.
(e) The provisions of paragraphs (a) to (d) of this paragraph shall not apply to the honorary members of a consular post or to persons occupied in the private service of such persons.
(f) The provisions of this paragraph shall also apply to family members of persons referred to in (a) to (e) , living in their homes, unless they themselves engage in professional activity. »
Article 5
Article 9 of the same Convention is deleted.
Article 6
Article 10, paragraph 3, of the Convention is replaced by the following provision:
"The institution of the country of affiliation shall reimburse the institution of the country of residence all the expenses relating to these benefits, on the basis of a lump sum amount determined by the supreme administrative authorities of the contracting countries. »
Article 7
The text of Article 11, paragraph 1^er the same Convention shall be replaced by the following provision:
"Employed or assimilated workers and members of their families shall, in the event of a stay in one of the contracting countries not exceeding a period to be fixed in an administrative arrangement, benefit in kind of health-care insurance in accordance with the laws of the country of residence, provided that they may claim such benefits under the legislation of the country of affiliation and provided that their condition immediately becomes necessary. »
Article 8
Article 29 of the same Convention is replaced by the following provision:
“Article 29. § 1^er. If national legislation provides for the opening of the right to family benefits for periods of work or assimilated, it shall be taken into account the periods carried out both in one and in the other.
§ 2. Workers who are occupied in Belgium and whose children are raised in Turkey are entitled to family allowances themselves, excluding any special or increased allowances, resulting from Belgian legislation.
§ 3. The holders of an old age, survival, disability, work injury or occupational illness whose children are raised in Turkey are entitled to the family allowances themselves, excluding any special or increased allowance, resulting from Belgian legislation.
§ 4. Orphans raised in Turkey of persons referred to in §§ 2 and 3 are entitled to family allowances themselves, with the exception of any special or increased allowance resulting from Belgian legislation.
§ 5. An Administrative Arrangement will determine, among other things, the categories of beneficiary children, the conditions of granting and the rates of family allowances and the periods for which these allowances will be granted. »
Article 9
Article 42 of the same Convention is deleted.
Article 10
This Convention shall enter into force on the first day of the second 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.
In faith, the undersigned, duly authorized, have signed this Convention.
Ankara, on 30 June 1997, in duplicate, in French, Dutch and Turkish languages, each text being equally authentic.
For the Kingdom of Belgium:
Jo Indekeu,
Chargé d'Affaires a.i. de Belgique
For the Republic of Turkey:
Ali Toptas,
Secretary General of the Ministry
and Social Security
Administrative arrangement amending the Administrative Arrangement of 6 January 1969 on the modalities for the implementation of the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey of 4 July 1966
Pursuant to the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey, the competent Belgian and Turkish authorities agreed to the following provisions regarding the modalities for the implementation of the Convention.
Article 1^er
Article 12bis of the Administrative Arrangement of 6 January 1969 on the modalities for the application of the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey, signed in Brussels on 4 July 1966, is replaced by the following provision:
“Article 12bis.
(1) If the formalities provided for in sections 9 and 11 of the Administrative Arrangement could not be completed in the Belgian or Turkish territory, the fees charged shall be refunded at the request of the worker, by the competent institution, to the reimbursement rates applied by the institution of the residence. The latter is required to provide to the competent institution that so requests, the necessary indications on these rates.
(2) Derogation from paragraph 1^er, the competent institution shall reimburse the expenses incurred, provided that the amount of these costs does not exceed 250 ECU.
(3) The competent authorities may, by mutual agreement and by exchange of letters, amend the amount provided for in paragraph 2 of this article. »
Article 2
Section 22 (1) of the Administrative Arrangement is replaced by the following provision:
« (1) If, pursuant to Article 14, § 3, of the Convention, the person concerned relies on the dependant disability benefits of the competent institution of the country in which he was previously subject, he or she shall be entitled to such benefits only after having exhausted his or her rights to sickness benefits, in accordance with the laws of the country where the incapacity of work has been found. »
Article 3
Paragraph 2 of section 24 is replaced by the following provision:
"The payment is made by an international postal or banking mandate or by bank transfer to a personal account at the deadlines set out in the legislations these institutions apply. »
Article 4
Paragraph 2 of section 51 is replaced by the following provision:
"The payment is made by international postal or banking mandate or by bank transfer to a personal account at the deadlines set out in the legislations these institutions apply. »
Article 5
Paragraph 1^er of Article 55 of the same Administrative Arrangement shall be replaced by the following provision:
"The workers who are occupied in Belgium and whose children are raised in Turkey are entitled to family allowances themselves, excluding any special or increased allowance resulting from Belgian legislation. »
Article 6
1. Subsection (1) of section 56 is replaced by the following provision:
« (1) Allowances are granted for the worker ' s own children, the worker ' s common children and the worker ' s spouse ' s own children; However, the number of child beneficiaries is limited to not more than four children, in the case of workers referred to in (4), (4) and (6). »
2. Paragraph 4 of Article 56 is replaced by the following provision:
"4° workers other than those referred to in (1), (2) and (3) and who are in possession of a valid work permit, the allowances being granted from the date of employment:
for 1^er child: 800 FB per month
for 2^e child: 850 FB per month
for 3^e child: 900 FB per month
for the 4^e child: 950 FB per month. »
3. Paragraph 4, paragraph 4, of section 56, is replaced by the following provision:
“6° independent workers:
for 1^er child: 250 FB per month
for 2^e child: 850 FB per month
for 3^e child: 900 FB per month
for the 4^e child: 950 FB per month. »
4. A point 7°) is introduced in paragraph 4 of Article 56, which reads as follows:
« 7° The amounts set out in paragraphs 4) and 6) of this paragraph are related to the evolution of the health index. These amounts are related to the pivotal index 119.53 applicable to 1^er January 1997. »
Article 7
An article 56bis is inserted in the same Administrative Arrangement.
"Article 56bis.
(1) On the basis of Article 29, § 3, of the Convention, family allowances are granted to the holder of an old age, survival, disability, work accident or occupational illness under the following rules:
(a) the holder of a pension due under the legislation of one of the contracting countries, in accordance with the legislation of that country;
(b) the holder of pensions due under the laws of the two contracting countries, in accordance with the laws of the country in the territory of which he resides, if the right to family allowance is opened under the legislation of that country. If no right is opened under this legislation, the conditions for the opening of the law are examined under the legislation of the other country.
(2) Orphan allowances are granted under the following rules, regardless of the territory of the two countries on which the orphan or the person who has the effective charge resides:
(a) for the orphan of a deceased worker who has been subject to the legislation of one of the contracting countries in accordance with the legislation of that country;
(b) for the orphan of a deceased worker, who has been subject to the laws of the two contracting countries, in accordance with the laws of the country in whose territory the orphan resides, if the right to family allowance is opened under the laws of that country.
If no right is opened under this legislation, the conditions for the opening of the law shall be examined under the law of the other country.
However, the legislation of the contracting country applicable to the service of the allowances referred to in subsection (1) in favour of the children of a pension holder remains applicable after the death of the holder for the service of the allowances to his orphans.
(3) The family allowances referred to in subsection (1) are granted for the children of the pensioner's own, for the children of the pensioner and his or her spouse, and for the children of his or her spouse's own.
The family allowances provided for in subsection (2) shall be granted for the children of the deceased and for the common children of the deceased and his or her spouse.
(4) The family allowances are granted up to the age of 14 or up to the age of 25 when they are children who attend classes under the conditions laid down by the legislation of the contracting country that is responsible for family allowances. The number of child beneficiaries is limited to not more than four children.
The amount of family allowances is as follows:
1° When they are due in accordance with the scheme of workers employed by a Belgian institution:
for the first child: 800 FB per month
for the second child: 850 FB per month
for the third child: 900 FB per month
for the fourth child: 950 FB per month
2° When they are due in accordance with the regime of independent workers by a Belgian institution:
for the first child: 250 FB per month
for the second child: 850 FB per month
for the third child: 900 FB per month
for the fourth child: 950 FB per month
(5) The amounts set out in paragraph 4 of this section are related to the evolution of the health index. These amounts are related to the pivotal index 119.53 applicable to 1^er January 1997. »
Article 8
Articles 1^er to 4, 6 and 8 of this Administrative Arrangement shall enter into force on the first day of the second month following the date of its signature.
Articles 5 and 7 of this Administrative Arrangement shall enter into force on the same date as the Convention of ... revising the General Convention on Social Security between the Kingdom of Belgium and the Republic of Turkey, signed in Brussels on 4 July 1966.
Ankara, on 30 June 1997, in duplicate, in French, Dutch and Turkish languages, each text being equally authentic.
For the Kingdom of Belgium:
Jo Indekeu,
Chargé d'Affaires a.i. de Belgique
For the Republic of Turkey:
Ali Toptas,
Secretary General of the Ministry
Work and Social Security.
Administrative arrangement amending the Administrative Arrangement of 28 March 1978 establishing the list of prostheses, large apparatus and other benefits in kind of of great importance subordinate to the prior authorization of the Belgian or Turkish insurer
Article 1^er
Paragraph 1 (1)^er is replaced by the following provision:
"(1) any other medical act or other medical, dental or surgical supply provided that the likely cost of the act or supply exceeds the amount of 250 ECU.
The competent authorities may, by mutual agreement and by exchange of letters, amend this amount. »
Article 2
This Administrative Arrangement shall enter into force on the first day of the second month following the date of its signature.
Ankara, on 30 June 1997, in duplicate, in French, Dutch and Turkish languages, each text being equally authentic.
For the Kingdom of Belgium:
Jo Indekeu,
Chargé d'Affaires a.i. de Belgique
For the Republic of Turkey:
Ali Toptas,
Secretary General of the Ministry
and Social Security