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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 Declaration, a 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 (hereinafter: “Commission”), comprised of expert representatives from
both Entities of Bosnia and Herzegovina, the Brcko District of Bosnia and
Herzegovina, and the 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”);
Considering that, in accordance with the aforementioned
Decision, the Commission is tasked, among other things, with proposing
legislation that regulates the identification of which property is owned by
Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika
Srpska and Brcko District of Bosnia and Herzegovina, and that specifies their
respective rights of ownership and management of State Property;
Recalling that the Law on the Temporary Prohibition of Disposal
of State Property of Bosnia and Herzegovina, (“Official Gazette of Bosnia and
Herzegovina” No 18/05, 29/06, 85/06, 32/07, 41/07, 74/07) temporarily prohibits
disposals of a State Property until the earlier of either the entry into force
of the above-mentioned legislation on ownership rights and management of State
Property or on 31 December 2007;
Considering further that, pursuant to Article 4a of the
aforementioned Decision, 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;”
Bearing in mind the Conclusion of Council of Ministers of
Bosnia and Herzegovina, adopted at its 11th session held on 24 May
2007, by which it called for negotiations with Entity and Brcko District
governments towards an intergovernmental agreement on State Property, and by
which it called upon the Public Attorney of Bosnia and Herzegovina to undertake
measures to ensure the protection of State Property, including through the
preparation of appropriate legislation;
Recalling that, in its Declaration of 19 June 2007, the
Steering Board of the Peace Implementation Council expressed deep
dissatisfaction with “the three-year failure of the State and Entity authorities
to reach an agreement on the issue of apportionment of State Property”;
Recalling further that the Peace Implementation Council
Steering Board at their meeting on 30 and 31 October this year “reminded the
three prime ministers of the urgent need to reach an inter-governmental
agreement on this question and requested the High Representative to undertake
all appropriate measures to bring this issue to a conclusion”;
Regretting that the temporary prohibition of disposals of State
Property will expire on 31 December 2007, in accordance with the Decision of the
High Representative Amending the Law on Temporary Prohibition of Disposal of
State Property of Bosnia and Herzegovina (“Official Gazette of Bosnia and
Herzegovina” No. 74/07), prior to the enactment of the legislation on the
ownership rights and management responsibilities of Bosnia and Herzegovina, the
Federation of Bosnia and Herzegovina, Republika Srpska and Brcko District of
Bosnia and Herzegovina regarding State Property;
Further regretting the lack of measurable progress by the
State, Entity and Brcko District authorities, thus far, towards reaching an
agreement on the apportionment of State Property, and on new legislation for its
future regulation;
Acknowledging the 18 December 2007 request to the High
Representative from the Chair of the BiH Council of Ministers for an extension
of the temporary prohibition to allow additional time for Bosnia and
Herzegovina, the Entities and the District of Brcko to reach agreement on the
aforementioned property allocation and to enact new legislation;
Recognizing that the protection of the interests of Bosnia and
Herzegovina and its subdivisions from the potential prejudice posed by further
disposals of State Property prior to the enactment of appropriate legislation
requires another 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 on the
date provided for by Article 2 therein.
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 enter into force forthwith and shall be published without
delay in the “Official Gazette of Bosnia and Herzegovina”.
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Sarajevo, 19 December
2007 |
Miroslav Lajčák |
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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”
No. 18/05, 29/06, 85/06, 32/07, 41/07 and 74/07) the words “31 December 2007”
shall be replaced with the words “30 June 2008”.
Article 2
This Law shall enter into force on the day of its publication in the
“Official Gazette of Bosnia and Herzegovina.”
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