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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
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”;
Considering that the North Atlantic Treaty Council, at its
meeting on 4 December 2003, recognised the progress made by Bosnia and
Herzegovina in its efforts to join Partnership for Peace, looked “forward to
welcoming them into PfP once they have met the conditions set forth by the
Alliance and urged BiH “to envisage the Istanbul Summit as a realistic target by
which they could meet the outstanding conditions”;
Noting the Communiqué by which the Steering Board of the Peace
Implementation Council of 11 December 2003, “warmly welcomed the passage of
almost all of the Defence Reform Commission’s legislative recommendations,
opening up the prospect for BiH to be considered for membership of NATO’s
Partnership for Peace (hereinafter “PfP”)”;
Recalling the HR Decision of 04 February 2004 issued on the
proposal put forward by Defense Reform Commission’s Chairman James Locher to
expand and refocus the DRC’s mandate to oversee the implementation of the
Defense Reform Commission’s recommendations in time for the Istanbul Summit and
to further enhance the coordination of the IC’s support for Defense reform;
Recalling further that BiH has made substantial progress in
reforming the defence establishment, meeting nearly all of NATO’s expectations
and that the BiH authorities have significantly increased its responsibilities
in defense reform..
Acknowledging that the BiH Ministry of Defense led
by Minister Nikola Radovanovic has been an important driving force in reaching
quick and significant results in setting up the new BiH defense establishment.
Considering the proposal put forward by the Defense Reform
Commission’s Chairman James Locher to appoint Minister Nikola Radovanovic as a
Co-Chairman of the Defense Reform Commission, further demonstrating the extent
to which BiH has transformed its defence establishment and taken on
increased responsibilities.
Having considered, noted and borne in mind all the matters aforesaid, the
High Representative hereby issues the following:
DECISION
AMENDING THE HIGH REPRESENTATIVE DECISION EXTENDING THE
MANDATE OF THE DEFENSE REFORM COMMISSION AS PUBLISHED IN THE OFFICIAL GAZETTE OF
BOSNIA AND HERZEGOVINA NO. 4/04
Article 1
In the Decision Extending the Mandate of the Defense Reform Commission
(Official Gazette of Bosnia and Herzegovina, No. 4/04) in Article 3, paragraph 1
shall be amended and read as follows:
“The Commission shall be composed of two Co-Chairmen, the Vice Chairman and
the following members:
i.
The Chairman of the Joint Commission on Security and Defense of the
Parliamentary Assembly of Bosnia and Herzegovina;
ii.
The Ministers of Defence of Republika Srpska and of the Federation of Bosnia and
Herzegovina..”
In paragraph 3, the word “Chairman” shall be replaced by the word
“Co-Chairmen”.
Article 2
In Article 4, paragraph 2 and in Article 5, paragraph 3, the word “Chairman”
shall be replaced by the word “Co-Chairmen” and the words “s/he deems” shall be
replaced by the words “they deem”.
Article 3
Article 6 shall be amended and read as follows:
“The High Representative shall appoint international Co-Chairman of the
Commission. The Minister of Defense of Bosnia and Herzegovina will serve as the
other Co-Chairman of the Commission. The Director of the Department for Security
Cooperation of the Organization for Security and Cooperation in Europe will
serve as Vice Chairman of the Commission.”
Article 4
Article 7 shall be amended and read as follows:
“The Co-Chairmen shall be responsible for directing the work of the
Commission. They shall prepare the schedule of work and the working procedures,
as well as call the meetings of the Commission, which may be held as required at
various locations throughout Bosnia and Herzegovina. No specific quorum shall be
required in order to hold a meeting of the Commission.
The Vice Chairman will act as the Chairman in absence of Co-Chairmen.”.
Article 5
In Article 8, paragraph 3 and in Article 9, the word “Chairman” shall be
replaced by the word “Co-Chairmen”. In article 9 the words “s/he deems” shall be
replaced with the words “they deem”.
Article 6
Article 12 of the Decision Extending the Mandate of the Defense Reform
Commission shall be deleted.
Article 7
This Decision shall enter into force forthwith and shall be published without
delay in the Official Gazette of Bosnia and Herzegovina.
Sarajevo, 11 May 2004
Paddy Ashdown
High Representative
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