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”;
Recalling further the High Representative’s
Decision of 27 April 2000, in which the High Representative imposed a ban on,
inter alia, the disposal, allocation, transfer or sale of state-owned
real property, including former socially-owned property, (Official Gazette
of Bosnia and Herzegovina 13/00, Official Gazette of the Federation
of Bosnia and Herzegovinano. 17/00 and Official Gazette of the Republika
Srpskano. 12/00) and which the High Representative extendedon December 20,
2000(Official Gazette of Bosnia and Herzegovina no. 34/00, Official
Gazette of the Federation of Bosnia and Herzegovina no. 56/00 and
Official Gazette of Republika Srpska no. 44/00) and on March 30, 2001
(Official Gazette of Bosnia and Herzegovina no. 11/01, Official
Gazette of the Federation of Bosnia and Herzegovina no. 15/01 and
Official Gazette of Republika Srpska no. 17/01);
Noting that the conditions which ought to enable the
authorities of the Entities and of the State to dispose of or otherwise allocate
state-owned real property, including former socially-owned property, in a manner
that is non-discriminatory and in the best interests of the citizens, do not now
exist throughout Bosnia and Herzegovina;
Having considered, borne in mind and noted all the matters aforesaid, the
High Representative hereby issues the following:
DECISION
further extending the Decision of 27 April 2000 until the 31 March
2003.
To avoid ambiguity, the following shall be additionaly excluded from the
application of the said Decision of 27 April 2000 as extended:
- Allocation of land for the purpose of legalizing the
existing premises built before April 6, 1992;
- Allocation of land, on or adjacent to legally erected
structures, for its regular use
- Construction of roof-top apartments;
- Registration of Joint Ventures established with state capital.
Further, by means of the adoption of harmonized legislation regulating the
transfer and disposal of state-owned real property, including socially owned
property, by a date as early as possible prior to 31 March 2003, the authorities
of Bosnia and Herzegovina and its entities are to assume full responsibility for
ensuring the re-allocation of state-owned real property, including formerly
socially-owned property, in a non-discriminatory manner and in the best
interests of the citizens of Bosnia and Herzegovina.
This Decision, which shall come into force forthwith, shall be published
without delay in the Official Gazetteof Bosnia and Herzegovina, the Official
Gazette of the Federation of Bosnia and Herzegovina and the Official Gazetteof
the Republika Srpska.
Sarajevo, 31 July 2002
Paddy Ashdown
High Representative