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In the exercise of the powers vested in the High Representative
by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace
Settlement) to the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative is the final authority
in theatre regarding interpretation of the said Agreement on the Civilian
Implementation of the Peace Settlement; and considering in particular Article
II.1. (d) of the last said Agreement, according to the terms of which the High
Representative shall “Facilitate, as the High Representative judges necessary,
the resolution of any difficulties arising in connection with civilian
implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
Considering that reliable and comprehensive countrywide
statistical data are crucial for proper evaluation and decision-making in all
fields in Bosnia and Herzegovina;
Further considering thatBosnia and Herzegovina must be enabled
to provide all persons (including domestic authorities, foreign and domestic
investors, financial institutions and international organisations) with such
countrywide information and to perform its international obligations and
relations; .
Considering also that only the State is competent to collect,
process and disseminate countrywide statistics of Bosnia and Herzegovina;
Recognizing that a proposed Law on Statistics was endorsed by
the Council of Ministers on 5th July 2001, but that the
competent authorities failed to adopt it and that the lack of reliable and
comprehensive statistical data for Bosnia and Herzegovina represents a serious
impediment for the future development and economic prosperity of Bosnia and
Herzegovina.
Bearing in mind the totality of the matters aforesaid the High
Representative hereby issues with immediate effect the following
DECISION
Enacting the Law on Statistics of Bosnia and
Herzegovina and directing that the Entities shall harmonise their laws and
regulations dealing with the collection, processing and dissemination of
statistics in accordance with the provisions of this Law, and further directing
that the Entities enter into negotiations under Article III.5 (b) of the
Constitution of Bosnia and Herzegovina as hereinafter set out.
1. The Law which follows and which forms an integral part of this
Decision shall come into effect as provided for in Article 35 thereof on an
interim basis, until such time as the Parliamentary Assembly of Bosnia and
Herzegovina adopts this Law in due form, without amendment and with no
conditions attached.
2. It is directed that the Entities shall harmonise their
laws and regulations dealing with the collection, processing and dissemination
of statistics with the provisions of this Law, and shall ensure that all such
laws and regulations are sufficient to safeguard the Constitutional rights and
freedoms of all persons.
3. It is further directed that pursuant to the provisions of
Article III. 5. (b) of the Constitution of Bosnia and Herzegovina, within 12
months of this Law coming into effect, the Entities shall enter into
negotiations with a view to combining the Entity Institutes with the Agency so
that all aspects of collecting, processing and disseminating statistics are
dealt with at the level of Bosnia and Herzegovina and form part of the
responsibilities of the Institutions of Bosnia and Herzegovina.
4. This Decision shall be published
without delay in the Official Gazettes of Bosnia and Herzegovina, of the
Federation of Bosnia and Herzegovina, of the Republika Srpska and the Brcko
District.
Sarajevo, 21 October 2002
Paddy Ashdown
High Representative
LAW ON STATISTICS OF BOSNIA AND HERZEGOVINA
I GENERAL PROVISIONS
Article 1
1. This Law establishes the legislative
framework for the organisation, production and dissemination of statistics of
Bosnia and Herzegovina within the meaning of this Law.
Article 2
1. This law does not apply to the Central Bank of Bosnia and
Herzegovina insofar as matters dealt with in this law are already provided for
in the Law on Central Bank of Bosnia and Herzegovina (Official Gazette of Bosnia
and Herzegovina 1/97).
Article 3
2. “Statistics of Bosnia and
Herzegovina” shall mean information collected from a given field of
statistical units and processed and/or disseminated to implement the Program or
other statistics required for Bosnia and Herzegovina or any other statistics
compiled by state bodies and endorsed by the Agency. For these purposes,
Statistics of Bosnia and Herzegovina shall exclude statistics that are
disseminated and/or published by the Entities of Bosnia and Herzegovina for
their purposes (“Entity Statistics”). Notwithstanding, the Agency may require
the Entities to provide any or all data within the Entity Statistics including
cells of individual Statistical Units and which the Agency deem relevant to
implement the Program to be transmitted to it in accordance with the provisions
of this Law.
3. “Competent Authorities” shall
mean the authorities at the levels of Bosnia and Herzegovina and the Entities
that are responsible for organising, producing and disseminating
statistics. At the level of Bosnia and Herzegovina the competent authority
shall be the Agency established in accordance with the provisions of this
law. The Competent Authorities in the Entities shall be the bodies
in the Entities that are tasked with carrying out these activities (“Entity
Institutes”).
4. “Production of statistics of
Bosnia and Herzegovina” shall encompass all activities necessary for the
preparation, collection, storage, processing, compilation, analysis and
dissemination of statistical data for Bosnia and Herzegovina.
5. “Statistical Units” shall mean
any set or subset (including by sampling methods) comprising natural persons,
legal persons, any other type of economic agents or institutions.
6. “Statistical Program of Bosnia and
Herzegovina (hereinafter referred to as the “Program”)” shall mean the
framework detailed in Chapter 5 of this Law and which deals with the
co-ordination, harmonization, planning, collection, production and dissemination
of Statistics of Bosnia and Herzegovina.
7. “Confidential Data” shall mean any information obtained by the
Competent Authorities during the course of collecting data and/or for the
production of Statistics of Bosnia and Herzegovina from which any individual
Statistical Units may be identified directly or indirectly unless any of the
provisions in Article 26 of this Law apply.
8. “Users” shall be all persons
(including natural persons, legal persons, institutions and government bodies,
or any other type of economic agents) utilising Statistics of Bosnia and
Herzegovina.
II THE AGENCY FOR STATISTICS OF BOSNIA AND HERZEGOVINA
Article 4
1. Within the framework defined by this Law, the Agency performs
administrative and other expert tasks within the limits of the rights and duties
of the State of Bosnia and Herzegovina, unless such tasks have been assigned to
other authorities, or other organisations and associations have been entrusted
with such tasks by virtue of Law.
Article 5
1. The Agency referred to in this Law is the Agency originally
established by the Council of Ministers in its Decision published in the
Official Gazette of Bosnia and Herzegovina (4/97).
2. The Agency shall be reconstituted in such a way as
to have the status of a legal person and shall have the competencies
provided for in this Law.
3. The seat of the Agency is in Sarajevo.
4. During the Transitional Period provided for in Article 33
hereof, the Agency shall take over the statistical activities of the existing
Bureau of Statistics of Brcko District. The body so taken over shall be a
branch of the Agency (“Brcko Branch”). The Bureau of Statistics of the
Brcko District shall undertake all necessary steps to re-constitute itself as
the branch provided for herein and within the Transitional Period provided for
in Article 33 herein. The Brcko Branch shall collect directly all statistical
data in the area of the Brcko District required by the Program as well as
perform other functions in accordance with Article 33.
5. The Agency may establish other branches as it deems
appropriate to carry out its purposes.
Article 6
1. The following provisions shall apply
to the re-constitution of the Agency and Brcko Branch.
2. The Agency has a seal, made in
accordance with the Law on Seals of Institutions of Bosnia and Herzegovina
(“Official Gazette” of Bosnia and Herzegovina No. 12/98).
3. The title of the Agency and the State
Coat of Arms shall be indicated on its premises in which the Agency
is located.
4. The title of the Agency shall be
written in Bosnian, Croatian and Serbian language in Latin and Cyrillic
alphabets.
5. The Agency shall prepare a seal for
the Brcko Branch which shall be the same as that of the Agency’s except that it
shall carry the words “Brcko Branch”.
6. The name of the Brcko Branch shall be
visibly displayed on its premises. All its official correspondence shall
indicate that it is a branch office of the Agency and shall carry the words
“Agency for Statistics of Bosnia and Herzegovina (Brcko Branch) ” on its
letterhead.
Article 7
1. Languages that are in official use in Bosnia and Herzegovina shall
be used in the Agency on an equal basis.
III COMPETENCIES OF THE AGENCY
Article 8
1. The Agency is the competent body to
process and/or disseminate and/or endorse Statistics of Bosnia and Herzegovina
within the meaning of Article 2.
2. The Agency shall:
(a)
perform international representation and co-operation with organisations
and other bodies and carry out Bosnia and Herzegovina’s
international responsibilities in the field of statistics;
(b)
establish and maintain contacts with the donor community and propose
distribution of the donations for the Agency and Entity Institutes in accordance
with the donor’s expressed preferences or if there are no preferences in
accordance with the Statistical Program.
(c)
determine the statistical standards for the implementation of the Program.
This comprises all the measures necessary to harmonise the statistics at the
level of Bosnia and Herzegovina in order to achieve best quality and
comparability of the results including in matters of statistical techniques,
classifications, nomenclatures, definitions and other applicable standards and
practice. Determinations of such statistical standards shall take account of
existing practices within Bosnia and Herzegovina and shall be in accordance with
internationally accepted standards and practices.
(d)
Determine standards to be applied in statistical activities undertaken by BiH
bodies.
(e)
Collect, process and disseminateStatistics of Bosnia and Herzegovina in
accordance with internationally accepted standards based on data submitted by
the Entity Institutes and/or data collected directly by the Agency. For these
purposes the Agency may (i) where it considers necessary for the performance of
its statutory functions provided herein collect statistical data from any
Statistical Unit in the Entities; and (ii) collect data for its statutory
functions provided herein from BiH Institutions; legal entities at the State
level; international organisations operating within BiH borders and foreign
owned and controlled companies;
(f)
require (where necessary for compiling statistics at the level of Bosnia and
Herzegovina) Entity Institutes to provide data at the level of individual
Statistical Units. Such data may include Confidential Data within the meaning of
this Law or data that Entity legislation may classify as confidential.
(g)
Require Entity Institutes to collect and provide statistical data that the
Agency determines necessary for Statistics of Bosnia and Herzegovina.
(h)
disseminate the Statistics of Bosnia and Herzegovina to all Users including
Governments, Institutions, social and economic operators and the public in
general as soon as they are established in such a way that
access is rendered simple and impartial
using appropriate media and without divulging any Confidential Data;
(i)
foster co-operation between Entities’ Institutes and provide a venue for
routine exchange of information between these Institutes;
(j)
Subject to and in accordance with the provisions of the General Framework
Agreement for Peace in Bosnia and Herzegovina including, without limitation,
Annexes 7 and 10 hereof, co-ordinate the planning, conduct and dissemination of
results of a census of population and housing of Bosnia and Herzegovina as and
when determined necessary by the State authorities.
(k)
monitor the application and utilisation of the standards issued and report on
compliance in the Agency’s Annual Report.
IV AUTHORITIES, OBLIGATIONS AND
RESPONSIBILITIES OF THE DIRECTOR OF THE AGENCY AND HIS
DEPUTY
Article 9
1. The Director of the Agency for
Statistics manages the work of the Agency.
2. The Director of the Agency represents
the Agency and acts for it, organises and ensures the lawful and efficient
performance of the tasks, issues regulation when authorised to do so by the
applicable laws of Bosnia and Herzegovina and issues other acts which he is
authorised to issue, undertakes other measures within the jurisdiction of the
Agency which are necessary for the fulfillment of the Agency’s mandate.
3. All appointments and dismissals in the
Agency (including the Director, Deputy Director and Head of the Branch) are done
in accordance with the provisions of the Law on Civil Service in the
Institutions of Bosnia and Herzegovina.
4. The Director of the Agency has one
Deputy Director who replaces him when the Directoris not able to carry outhis or
her duties.
5. The Head of the Brcko Branch shall be
responsible for the work of the Branch and shall report to the Director of the
Agency.
6. The term of office of the Director of
the Agency, his Deputy and Head of the Branch shall be four years, to extent
that this is not inconsistent with the Law on Civil Service of Institutions of
Bosnia and Herzegovina.
Article 10
1. The Director of the Agency, in close consultations with his
Deputy, shall within 60 days of being appointed, issue Regulations on the
internal organisation of the Agency and shall submit them to the Council of
Ministers for its approval.
V STATISTICAL PROGRAM OF BOSNIA AND
HERZEGOVINA
Article 11
1. The Program shall be in accordance with international and European
standards. It shall include the statistical collections of government
organisations and bodies relevant to the Program.
Article 12
1. For each planned statistical activity,
the Program shall include (i) the objectives, (ii) Statistical Units to be
covered; (iii) the organization(s) conducting the collection of the data; (iv)
data to be collected; (v) summary of methodology to be used; (vi) frequency of
the collection; (vii) burden on Statistical Units; (ix) timing of dissemination
of the results; and (x) the staff and other costs indicating what can be met
from existing resources including donor funds.
2. The Program providing the details
specified in the preceding paragraph shall be for four yearly rolling periods
with the relevant details broken down on a yearly basis.
Article 13
1. A draft of the Program will be
prepared by the Agency after consultation with the Entity Institutes.
2. The draft Program prepared pursuant to
the preceding paragraph shall be submitted to the Statistical Council by the
Agency in accordance with the provisions of Chapter VI of this Law.
3. After consideration by the Statistical
Council of the draft Program, the Agency shall submit to the Council of
Ministers the draft Program along with any opinion or commentary of the
Statistical Council for adoption as it sees fit.
4. The draft Program adopted by the
Council of Ministers shall be considered the Program. Notwithstanding the
foregoing, the draft Program shall be deemed to be the Program after three (3)
months of its proper presentation to the Council of Ministers, subject to any
further changes by the Council of Ministers.
5. The Program shall be published in the
Official Gazettes of Bosnia and Herzegovina, the Entities and the Brcko
District.
6. Material changes to the Program (with
the exception of that part dealing with the work plan) shall be made after
consultation with the Entity Institutes and in accordance with the provisions of
this Article including publication in the stated Official Gazettes.
Article 14
1. A Work Plan shall be the plan which details the proposed
statistical activities in any budget year along with their projected costs and
expenditures (including the operating costs of the Council), sources of
financing (if any) and revenues and which shall be approved by the state
authorities for budgetary purposes.
2. In each year the Agency shall prepare in consultation with the
Entity Institutes its draft Work Plan of the Program for the budget year.
3. The draft Work Plan prepared pursuant to the preceding
paragraphs shall be submitted to the Statistical Council by the Agency in
accordance with the provisions of Chapter VI of this Law.
4. After consideration by the Statistical Council of the draft
Work Plan, the Agency shall submit the draft Work Plan together with any
comments or opinions of the Statistical Council to the Ministry of Treasury of
the State Institutions for further budgetary procedures in accordance with the
applicable laws. Notwithstanding the foregoing, the Agency shall be
entitled to present the draft Work Plan to the relevant state authorities after
15 days of presenting the draft to the Statistical Council.
5. The draft Work Plan shall be considered the Work Plan of the
Agency once approved by the relevant state authorities.
VI STATISTICAL COUNCIL OF BOSNIA AND HERZEGOVINA
Article 15
1. The Statistical Council of Bosnia and
Herzegovina (hereinafter referred to as the “Council”) is hereby established.
2. The Council shall meet at least
bi-annually. It shall give advice on the preparation and implementation of
the Program and on the functioning and further development of Statistics
of Bosnia and Herzegovina and, in particular, shall perform the following
functions:
(a) make recommendations to the Agency on the drafts of the
Programand Work Planand give opinions on them (including costs) to be
submitted to the relevant state authorities by the Agency as provided for
in this Law.
(b) monitor the functioning of the Agency and to make
recommendations to the Council of Ministers on the resources needed by the
Agency to meet its tasks under the Work Plan and the Program.
(c) facilitate co-operation between the Competent
Authorities with a view to achieving the best possible quality statistics to
satisfy the needs of users at all levels;
(d) advise on the compliance by Competent Authorities and
the State bodies with the standards issued by the Agency. These standards shall
be in accordance with international standards including measures determined
necessary to ensure the protection of statistical units as provided for in this
Law.
Article 16
1. The Council shall be composed of the following persons in ex-officio
capacity: (i) Director of the Agency and his Deputy, directors of the Entity
Institutes; and (iii)Head of the Brcko Branch and any other head of branches
which the Agency may establish under this Law (iv) the Governor of the Central
Bank of Bosnia and Herzegovina (or his representative); and (v) the
Minister of Treasury of Common Institutions (or his representative) . It
shall also be composed of three members from the data providers and Users who
are operating in the fields of statistics, economics or business, respectively,
and recognised as such. These three members shall be appointed for a period not
exceeding four years by the Council of Ministers on the proposal of the Minister
of Civil Affairs and Communications. The Minister of the Treasury of
Common Institutions shall, on a proposal of the Agency, initiate the first
meeting of Council.
2. A chairperson shall be elected at the first meeting convened
to chair and call the meetings of the Council.
Article 17
1. The Council shall lay down its own Book of Rules and Regulations.
VII RELATIONSHIP BETWEEN ENTITY INSTITUTES AND THE
AGENCY
Article 18
1. The Entities shall also ensure that its relevant bodies make
available to the Agency (as the latter may deem necessary) such statistical data
which are necessary for Bosnia and Herzegovina to carry out its responsibilities
provided for in the Constitution of Bosnia and Herzegovina including those in
Article III.I and Article III.5 (a) of the Constitution of Bosnia and
Herzegovina in accordance with the Program.
2. The Agency shall be obliged to treat data transmitted under
this provision as Confidential Data within the meaning of this Law. Each
Entity Institute shall collect and/or process and transmit to the Agency within
the time specified, without conditions (including those concerning payment and
fees), statistical data which the Agency determines necessary for
Statistics of Bosnia and Herzegovina within the meaning of this Law. The
time specified must be reasonable and negotiated with the providers to meet the
requirements of the Program. The Agency, where it determines necessary for
Statistics of Bosnia and Herzegovina within the meaning of this Law, may require
the Entity Institutes to transmit data which in the Entities may be classified
by its laws and other regulations as confidential data.
3. The Entity Institutes shall in collecting and processing
Statistics of Bosnia and Herzegovina apply the standards and practice issued by
the Agency and transmit the data in accordance with the Agency’s requirements.
These shall be in accordance with international practice and standards and shall
ensure the constitutional freedoms provided for in the Constitution of Bosnia
and Herzegovina. Notwithstanding the foregoing, all statistics
collected and/or processed in the territory of Bosnia and Herzegovina shall be
conducted in such manner as to secure and safeguard the constitutional freedoms
of all individuals and any other rights provided by the laws of Bosnia and
Herzegovina.
3. Each Entity shall use its best endeavours to ensure that
Entity Statistics whether or not forming part of Statistics of Bosnia and
Herzegovina, be collected, processed and compiled by Entity Institutes using
standards, methodologies and practice and guidelines issued by the
Agency.
4. The Entities shall be entitled to participate in arrangements
for the distribution of donations in accordance with Article 8 (2)(b) of this
Law.
VIII PRINCIPLES AND TECHNICAL AUTONOMY
Article 19
1. In order to ensure the quality of
Statistics of Bosnia and Herzegovina and retain the trust of the public therein,
the organisation and implementation of the Program or any other statistics to
which this Law applies, shall be governed by the principles of reliability,
objectivity, relevance, importance, statistical confidentiality and
transparency.
2. The Statistics of Bosnia and
Herzegovina shall aim to mirror as faithfully as possible the real situations,
disseminate the results to the users in a neutral and impartial way, focus on
the phenomena which are essential for decision makers and honour the citizens’
right to public information while taking into a consideration the relation
between the costs and burdens on one hand and the benefits on the other hand.
3. Confidential Data collected for
statistical purposes must not be used for other purposes unless otherwise
provided in this Law.
4. Information necessary to
evaluate on the one hand the quality of Statistics of Bosnia and Herzegovina,
notably the methods used for the production, and on the other hand how the
principles are compiled with, shall be publicly accessible.
5. In the collection of statistical data
from Statistical Units, the standards issued by the Agency must set out
(i) the details to be provided to the Statistical Units at the time the
collection is to be done; (ii) whether it is obligatory that Statistical Units
provide the information; and (iii) penalties (if any) that apply to the failure
to provide the information.
6. The Competent Authorities shall inform
all Statistical Units that the information collected will (unless provided
otherwise by the applicable laws) only be used for statistical purposes and data
which amounts to Confidential Data within the meaning of this Law shall remain
confidential.
Article 20
1. When implementing the Program, the
staff of the Agency and Entity Institutes, shall not seek or take instructions
from Governments, other State’s authorities, political parties or any other
interest groups notably in the selection of data sources, statistical methods
and procedures, in the contents, form and time of dissemination, and in the
application of statistical confidentiality.
2. The authorities and other groups
mentioned in paragraph 1 hereof undertake to respect the principle therein set
out and not to seek to influence the staff of the statistical authorities in the
performance of their tasks.
IX FUNDS FOR THE FINANCING OF THE AGENCY
Article 21
1. Funds for the financing of the operation of the Agency and the
Council for Statistics of Bosnia and Herzegovina are procured from the budget of
the BiH Institutions.
2. The Agency may charge users for any of its services and, to
the extent permitted by the applicable laws (including the Law on Treasury), may
retain all or part of these revenues for financing of its activities approved in
the budget.
X ANNUAL REPORT
Article 22
1. The Director of the Agency shall provide an Annual Report within
three months of the end of each calendar year to the Council of Ministers.
Amongst other matters, the Annual Report shall include details
concerning (i) the extent to which the Program and Work Plan have been
implemented; and (ii) the statistical results achieved; and (iii) any
constraints that have hindered achievement of the Program and Work Plan; and iv)
the extent to which there has been compliance with the standards and
methodologies issued by the Agency. After consideration by the BiH Council of
Ministers and in any case within six months of the end of the year, the Agency
shall publish the report.
XI STATISTICAL CONFIDENTIALITY AND LAW ON PROTECTION OF
PERSONAL DATA
Article 23
1. Data collected, processed and stored
for the production of Statistics of Bosnia and Herzegovina shall be confidential
when they allow Statistical Units to be identified, either directly or
indirectly, thereby disclosing individual information.
2. A Statistical Unit is directly
identified from its name and address or from an officially allocated and
commonly known identification number.
3. Indirect identification is the
possibility of deducing the identity of a statistical unit other than from the
information mentioned in paragraph 2 hereof. To determine whether a Statistical
Unit is indirectly identifiable, all means shall be taken into account that
might reasonably be used to identify the said statistical unit.
Article 24
1. Except as is provided in paragraph 2 of Article 6, Confidential
Data shall be used exclusively for the production of statistics in accordance
with the provisions of this law, unless the respondents have unambiguously given
their consent to the use for any other purposes and to the conditions
thereof.
Article 25
1. The Agency shall be obliged to treat data transmitted under
this provision as Confidential Data within the meaning of this Law. Transmission
between each of the Entity Institute on the one hand and the Agency on the other
of data is not subject to confidentiality restrictions to the extent that such
transmission is necessary for the Production of Statistics of Bosnia and
Herzegovina. Nothing in this provision is intended to deal with or regulate
transmission of data between Entities.
2. Entity Institutes are obliged to transmit to the Agency all
data deemed by the Agency as needed for Production of Statistics of Bosnia and
Herzegovina within the meaning of this Law. Entity Institutes are obliged
to provide Confidential Data to the Agency when this is deemed by the Agency to
be appropriate to promote the information and the quality to be provided by the
Statistics of Bosnia and Herzegovina.
Article 26
1. Statistics of Bosnia and Herzegovina
must not be disseminated to users, if they contain or reveal Confidential Data.
Aggregates shall comprise at least three units and the share of one unit in an
aggregate must not exceed 85% of the total.
2. Derogation from paragraph (1) refers
to information about the economic situation collected from enterprises, other
economic agents and about the environmental situation. Such information may be
disseminated even if the results do not meet the aggregate requirements set out
in paragraph (1) hereof, in cases where this is determined necessary by the
Agency for ensuring significant basic information and provided that the
Statistical Program foresees the dissemination of such information.
Article 27
1. All measures of organisational, regulatory, administrative and
technical nature necessary to protect Confidential Data against unauthorised
access, disclosure and use, shall be taken by the Competent Authorities in
collecting, processing, transmitting and dissemination of Statistics of Bosnia
and Herzegovina including at the Entity level.
Article 28
1. Persons having access to Confidential Data in the performance of
their tasks shall be subject to compliance with the provisions of this law, even
after the cessation of their functions.
Article 29
1. In exercising its responsibilities as set forth in this Law, the
Agency for Statistics of Bosnia and Herzegovina shall act in accordance with the
Law on Protection of Personal Data of Bosnia and Herzegovina.
2. Notwithstanding paragraph 1 of this Article, the Agency shall not be
required to inform the Data Protection Commission prior to the commencement of
data processing operations in accordance with Article 28 of the Law on
Protection of Personal Data. However, the Agency shall provide
half-yearly reports on its activities to the said Commission.
3. The Agency may process special categories of data as defined in the Law on
Protection of Personal Data, when necessary for the performance of its
responsibilities under this Law.
XII OFFENCES AND PENALITIES
Article 30
1. Any person having access to Confidential Data in the
performance of their tasks who unlawfully and knowingly divulges any
Confidential Data is guilty of an offence punishable on conviction by a fine not
exceeding 5000 Convertible Marks or imprisonment not exceeding 2 years or both
.
2. The Court of Bosnia and
Herzegovina shall be competent for these offences.
Article 31
1. A Statistical Unit (other than the Entity Institutes) that
knowingly provides false or misleading information in response to written
requests by the Agency to meet the needs of the Program shall be guilty of an
offence punishable on conviction by a fine not exceeding 5000 Convertible Marks
or imprisonment not exceeding 2 years or both.
2. The Court of Bosnia and Herzegovina shall be competent for these
offences.
Article 32
1. A Statistical Unit (other than the Entity institutes) that,
without reasonable excuse, refuses or fails to answer questions or written
requests by the Agency to meet the needs of the Program, shall be guilty of an
offence punishable by a fine not exceeding 1000 Convertible Marks. Nothing in
this provision shall derogate from the Constitutional freedoms provided for in
the Constitution of Bosnia and Herzegovina.
XIII TRANSITIONAL AND FINAL PROVISIONS
Article 33
1. The Bureau of Statistics of Brcko District shall in
accordance with the provisions of Article 5 of this law legally re-constitute
itself within one (1) year of this Law coming into full force and effect
(Transitional Period). Notwithstanding the foregoing, the Bureau of
Statistics of Brcko District shall be deemed to be re-constituted within the
meaning of this Law no later than 1 January 2004.
2. No later than two months after this Law coming into full force
and effect, the Brcko District and the Agency shall commence formal negotiations
on all matters related to the integration of the Bureau into the Agency
including the issuance of statistical numbers, the collection of data which are
not required by the Statistical Program of BiH but are of importance to the
Brcko District Government and the working conditions of the existing employees
of the Bureau.
3. During the Transitional Period, the Bureau shall carry on all
existing functions as provided in the Laws of the Brcko District and the Brcko
District Government shall continue to be responsible for all costs of the
Bureau. Upon integration into the Agency, the State of Bosnia and Herzegovina
shall be responsible for the financing of the Brcko Branch.
Article 34
1. The Agency shall assume in respect of the reconstituted body
provided for under Article 5(2) hereof, the activities, equipment,
financial funds and staff to the extent that such take over is consistent with
the provisions of this Law
Article 35
1. This Law shall enter into force on the eighth day following
the date of its publication in the “Official Gazette of Bosnia and Herzegovina”.
It shall likewise be published in the Entity and Brcko District Official
Gazettes.
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