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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 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-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, according to Article 3 of the
Decision, was specifically tasked, among other things, with preparing “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”;
Bearing in mind that pursuant to Article 4a of the Decision of
the Council of Ministers of Bosnia and Herzegovina, the Commission is
additionally tasked with deciding upon requests for “exemption(s) of certain
state property from the ban imposed by the laws on temporary prohibition of
disposal of State Property at the level of Bosnia and Herzegovina, Federation of
Bosnia and Herzegovina and Republika Srpska;”
Further noting that the Law on Defense of Bosnia and
Herzegovina (Official Gazette of Bosnia and Herzegovina, no. 88/05) foresees
modalities for transferring property rights and liabilities over, inter
alia, immovable property that will continue to serve defense purposes, which
partially falls within the category of State Property;
Recognizing the importance of the full implementation of the
Law on Defense of Bosnia and Herzegovina, the importance of defense-related
immovable property for the normal functioning of defense related institutions of
Bosnia and Herzegovina, and the urgency with which defense reform must be
implemented;
Considering Furtherthat the deadline, in accordance with the
High Representative’s Decision Amending the Law on Temporary Prohibition of
Disposal of State Property of Bosnia and Herzegovina (Official Gazette of Bosnia
and Herzegovina no. 29/06), 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, will expire on 30 September 2006,
together with the temporary ban on disposing State Property, prior to the
completion of the Commission’s work;
Further Recognizing that the protection of the interests of
Bosnia and Herzegovina, and its subdivisions, from the potential prejudice posed
by further disposal of State Property prior to the enactment of appropriate
legislation, requires an extension of the Commission’s mandate and an extension
of the laws temporarily prohibiting the disposal of State Property by Bosnia and
Herzegovina, the Entities or any of its subdivisions;
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 no. 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, 29 September 2006
Dr. Christian Schwarz-Schilling
High Representative
Law Amending the Temporary Prohibition of Disposal of
State Property of Bosnia and
Herzegovina
Article 1
In Article 3, following Paragraph 2 a new paragraph is inserted, which
reads:
The portion of State Property that will continue to serve defense purposes,
pursuant to and in accordance with Articles 71-74 of the Law on Defense of
Bosnia and
Herzegovina
(Official Gazette of Bosnia and
Herzegovina
, no.
88/05) shall also be exempt from the temporary prohibition imposed by this
Law.
Article 2
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, no.
18/05 and 29/06, the words “30 September 2006” shall be replaced with the words “May 31,
2007.”
Article 3
The Law shall enter into force forthwith and shall be published without delay
in the “Official Gazette of Bosnia and
Herzegovina.”
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