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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”;
Recalling further that the Declaration of the Peace
Implementation Council Steering Board adopted at the level of Political
Directors in
Sarajevo
on
24 September 2004 called for a “lasting
solution” to “the issue of State Property”;
Noting that pursuant to the aforesaid, a Commissionfor State
Property, for the Identification and Distribution of State Property, the
Specification of Rights and Obligations of Bosnia and Herzegovina, the Entities
and the Brcko District of Bosnia-Herzegovina in the Management of State Property
(hereinafter: Commission) comprised of expert representatives from both Entities
of Bosnia and Herzegovina, the Brcko District of Bosnia and Herzegovina and
institutions of Bosnia and Herzegovina was formed in December 2004 by a Decision
of the Council of Ministers of Bosnia and Herzegovina (Official Gazette of
Bosnia and Herzegovina no. 10/05);
Further noting that the laws temporarily
prohibiting disposal of State Property by Bosnia and Herzegovina, the Entities
or any of its subdivisions, require an extension of the Commission’s competence
enabling it to decide, upon the proposal of an interested party, on exemptions
for certain state property;
Considering that the decision-making mechanism within the
Commission, in the context of additional competences assigned to it by law, must
adequately protect the interests of Bosnia and Herzegovina, the District of
Brcko of Bosnia and Herzegovina, the Entities and their subdivisions; and
Further Considering that any extension of the Commission’s
competences also requires an extension of the deadline within which the
Commission must complete all mandated tasks, including preparation of proposed
legislation and/or final report;
Having considered, borne in mind and noted all the matters aforesaid, the
High Representative hereby issues the following:
DECISION
Amending the Decision on Establishing the Commission for
State Property, for the identification and Distribution of State Property, the
Specification of Rights and Obligations of Bosnia and Herzegovina, the Entities
and the Brcko District of Bosnia –Herzegovina in the Management of State
Property
Which is hereby attached as an integral part of this Decision.
The said Amendments to the Decision shall enter into force with immediate
effect, on an interim basis, until such time as the Council of Ministers
of
Bosnia and Herzegovina
adopts them in due form, without
amendment and with no conditions attached.
This Decision shall come into force on forthwith and shall be published
without delay in the “Official Gazette of Bosnia and
Herzegovina”.
Sarajevo, 18 March
2005
Paddy Ashdown
High Representative
DECISION
Amending the Decision on Establishing the Commission for
State Property, for the Identification and Distribution of State Property, the
Specification of Rights and Obligations of
Bosnia and
Herzegovina, the Entities and the Brcko
District of
Bosnia-Herzegovina
in the Management of State Property
Article 1
In the Decision on Establishing the Commission for State Property, for the
Identification and Distribution of State Property, the Specification of Rights
and Obligations of Bosnia and Herzegovina, the Entities and the Brcko District
of Bosnia-Herzegovina in the Management of State Property (Official Gazette of
Bosnia and Herzegovina, No. 10/05, hereinafter the “Decision”) after Article 4,
a new Article, “4a” shall be added and shall read as follows:
“Article 4a
The Commission shall decide, by special majority, upon the proposal of an
interested party, on the exemption of certain state property from the ban
imposed by the laws on temporary prohibition of disposal of State Property at
level of Bosnia
and Herzegovina
, Federation of Bosnia and
Herzegovina
and
Republika Srpska.
For the purposes of applying paragraph 1 of this Article, a special majority
shall mean a minimum of 3 votes from the representatives of the BiH
Institutions, and of each Entity.”
Article 2
Article 9, Paragraph 3 shall be amended and shall read:
“The Commission shall take decisions and adopt proposals by a qualified
majority vote of the members present.
For the purposes of applying paragraph 1 of this Article, a qualified
majority shall mean a minimum of 3 votes from the representatives of the BiH
Institutions, and of each Entity and 1 vote from the Brcko District of Bosnia
and Herzegovina.”
Article 3
Article 10, shall be amended and shall read as follows:
“The Commission shall prepare, by
30 November 2005, a final report on its work for the
Chairman of the Council of Ministers and/or propose the relevant legislation
within the same timeframe.”
Article 4
This Decision shall enter into force forthwith and shell be published without
delay in the “Official Gazette of Bosnia and
Herzegovina”.
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