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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";
Recallingparagraph 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 furtherthat 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”;
Notingthat 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 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 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”);
Consideringthat, 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;
Recallingthat the Law on the Temporary Prohibition of Disposal
of State Property of the Federation of Bosnia and Herzegovina (“Official Gazette
of the Federation of Bosnia and Herzegovina” No. 20/05, 17/06, 62/06, 40/07,
70/07, 94/07), temporarily prohibits disposals of 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 30 June 2008;
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 furtherthat the Peace Implementation Council Steering
Board at their meeting on 30 and 31 October 2007 “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”;
Noting that the Peace Implementation Council Steering Board, at
their meeting on 27 February 2008, defined the “Acceptable and Sustainable
Resolution of the Issue of Apportionment of Property between State and other
Levels of Government” as the first of five objectives that will need to be
delivered by the authorities of Bosnia and Herzegovina prior to Office of the
High Representative’s transition ” into the Office of the European Union Special
Representative, called upon the authorities in Bosnia and Herzegovina to
“achieve these objectives and contribute to fulfilling these conditions as soon
as possible,” and further requested that the “High Representative undertake all
appropriate measures to ensure that the above objectives are
met”;
Regrettingthat, in accordance with the Decision of the High
Representative Amending the Law on Temporary Prohibition of Disposal of State
Property of the Federation of Bosnia and Herzegovina (“Official Gazette of the
Federation of Bosnia and Herzegovina” No. 94/07), the temporary prohibition of
disposals of State Property will expire on 30 June 2008 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;
Recalling the 25 June 2008 Communiqué of Peace Implementation
Council by which the Steering Board Political Directors noted that “the
four-year failure of the State and Entity authorities to reach an agreement on
the first objective, thereby necessitating the High Representative to yet again
extend the ban on disposal of State Property,” and called upon political leaders
to “build on the progress they have made in other areas and to take the
lead and to reach an agreement on this matter that enables the State to conduct
its constitutional responsibilities”;
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 the Federation 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 the Federation of Bosnia and
Herzegovina on the date provided for by Article 2 therein.
This Decision shall come into force forthwith and shall be published without
delay in the “Official Gazette of the Federation of Bosnia and Herzegovina”.
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Sarajevo, 25 june
2008 |
Miroslav Lajčák |
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High Representative |
LAW
ON AMENDMENTS TO THE LAW ON TEMPORARY PROHIBITION
OF DISPOSAL OF STATE PROPERTY OF THE FEDERATION OF BOSNIA AND
HERZEGOVINA
Article 1
In Article 4 of the Law on the Temporary Prohibition of Disposal of State
Property of the Federation of Bosnia and Herzegovina (“Official Gazette of the
Federation of Bosnia and Herzegovina” No. 20/05, 17/06, 62/06, 40/07, 70/07 and
94/07) the words “but not later than 30 June 2008” shall be replaced with the
words “or until either an acceptable and sustainable resolution of the issue of
apportionment of State Property between the State and other levels of government
has been endorsed by the Peace Implementation Council Steering Board, or the
High Representative decides otherwise.”
Article 2
This Law shall enter into force on the day of its publication in the
“Official Gazette of the Federation of Bosnia and
Herzegovina”.
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