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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 "(f)acilitate, 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 furtherthatthe 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 and 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, 18/05, 69/05, 70/05,
hereinafter: “Decision”);
Bearing in mind that pursuant to Article 1 of the aforesaid
Decision, the Commission is tasked with proposing draft laws on ownership rights
and management of State Property;
Considering that the Commission, pursuant Article 3 of the
Decision, is specifically tasked, among other things, with preparation of
“criteria to be used in order to identify which property is owned by Bosnia and
Herzegovina, the Entities and Brcko District” and “draft legislation to be
adopted, which ensures implementation of identified criteria”;
Considering Furtherthat the deadline for the preparation of a
final report for the Chairman of the Council of Ministers of Bosnia and
Herzegovina, and/or the submission of relevant draft legislation, expired in
accordance with Article 10 of the aforementioned Decision on 30 November 2005,
prior to the completion of the Commission’s work;
Bearing in mind that the Law on Temporary Prohibition of
Disposal of State Property of Bosnia and Herzegovina, Official Gazette of Bosnia
and Herzegovina 18/05, which temporarily prohibits disposals of a State Property
until the earlier of either the entry into force of the above-mentioned
legislation regulating ownership rights and management of State Property or one
year from the day of the entry into force of the said prohibition, will expire
on 18 March 2006.
Recognizing that effective measures to protect to the interests
of Bosnia and Herzegovina, and its sub-divisions, from the potential prejudice
posed by further disposal of State Property prior to the enactment of
appropriate legislation, based on the aforementioned Commission’s
recommendation, which, on the basis of Constitutional competences, will enable
the authorities to dispose of or otherwise allocate State Property in a manner
that is non-discriminatory and in the best interests of the citizens, still 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
Amending the Law on the Temporary Prohibition of
Disposal of State Property of Bosnia
and Herzegovina
which is hereby attached as an integral part of this Decision.
The said Law shall enter into force as a law of
Bosnia and
Herzegovina
, with immediate effect, 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.
The Decision of Council of Ministers of Bosnia and Herzegovina 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 and
Herzegovina in the Management of State Property, (Official Gazette of Bosnia and
Herzegovina 10/05, 18/05, 69/05, 70/05) shall be amended to conform with this
Law.
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
2006
Christian Schwarz-Schilling
High Representative
Law on Amendments to the Law on Temporary Prohibition of
Disposal of State Property of Bosnia and
Herzegovina
Article 1
In Article 4 of the Law on the Temporary Prohibition of Disposal of State
Property of Bosnia and
Herzegovina ,
Official Gazette of Bosnia and
Herzegovina ,
18/05, the words “one year from the day of the entry into force of this Law”
shall be deleted and shall be replaced with the words “30 September 2006 ”.
Article 2
This Law shall enter into force forthwith and shall be published without
delay in the “Official Gazette of Bosnia and
Herzegovina
”.
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