Sjednice
Council of Ministers of Bosnia and Herzegovina Holds its 40th Session
06/16/2021
The Council of Ministers of BIH defined a Proposal Law on Customs Infringements of Bosnia and Herzegovina, to be sent to the Parliamentarian Assembly of BIH for consideration under urgent procedure.
The Law defines deeds that make customs infringements, perpetrators, sanctions and protective measures, with a primary purpose to secure compliance with laws and by-laws of the customs-related legislation of BIH.
The reason for taking the new Law on Customs Infringements of Bosnia and Herzegovina is to harmonise the area with provisions of the Law on Customs Policy in BIH and provisions of a new decision on implementation of the Law on Customs Policy in BIH, the application of which starts at July 1, 2021.
The currently effective Law on Customs Infringements of BIH, had been taken before taking effect of a new infringement-related legislation in BIH, i.e. before effectiveness of process laws o infringements in BIH, Entities and Brčko District of BIH, setting different rules on launching and processing infringement procedure and on bodies responsible for processing perpetrators of these infringements, including the customs ones. Besides, the new Proposal Law on Customs Infringements of Bosnia and Herzegovina does relate to responsibility of committees for infringements with regional centres of Indirect Taxation Administration for infringement procedures in the first degree, because the real and local responsibility of launching and proceeding the infringement procedure is prescribed under process laws, i.e. Entity and Brčko District Law on Infringements. For infringements in the area of customs and taxes, the local responsibility of courts was prescribed under Entity laws and courts and the Law on Courts of the Brčko District of BIH.
The Proposal Law do not provide for fine collection at the spot, as set under the existing law, but rather in case when a fixed fine was defined, the infringement order should be issued.
The Proposal Law provides for sanctioning of each incorrect report of goods or attaching of incorrect goods documents, and longer deadlines were set for over-maturity for launching a infringement procedure.
AGREEMEN ON BRIDGE CONSTRUCTION OVER RIVER TARA
The Council of Ministers of BIH defined a Proposal Agreement between the Council of Ministers of BIH and Government of Montenegro on construction of inter-state bridge over the River Tara on the junction of a highway M-18 at Hum location (Bosnia and Herzegovina) and highway M-3 at Šćepan Polje location (Montenegro) and connecting border sections, with Proposal Platform for conclusion of the Agreement. The Ministry of Communications and Transport of BIH should send the Proposal Agreement to the BIH Presidency for further procedure, with a proposal for the Minister of Communications and Transport to act as the BIH signatory.
Under the Agreement, the contracting parties will finance the total cost of construction, expert surveillance, operations monitoring, and arrangement of the river bed in the bridge area, in equal portions, according to dynamics to be agreed under a contract to be signed. The investment value is KM 5.000.000,00 with VAT included, of which Bosnia and Herzegovina will pay a half (KM 2.5 million), and funds will be secured pursuant to a Decision on funds allocation from licences for use of radiofrequency spectrum for service provision though mobile accession systems.
The construction of the bridge on the River Tara is of a strategic interest for transport development in BIH, because the EC Economic and Investment Plan marked the section as one of 10 most important investment areas to support sustainable connectedness, competitiveness and economic growth of the Western Balkans countries, while connectedness of capitals of the two states secures direct links of several neighbouring countries.
The highway M-18 Brod on Drina (Foča) – Hum (Šćepan Polje) is located at the EU transport network (SETO), known as Route 26. The BIH 2016-2030 Framework Transport Strategy sets the construction of the highway M-18 in Brod on Drina (Foča) – Hum (Šćepan Polje), with inter-state bridge on the River Tara as one of priorities.
The issues of border crossing operation, maintenance and use of the bridge will be regulated under special agreement.
MID-TERM 2020-2030 DEBT MANAGEMENT STRATEGY ADOPTED
The Council of Ministers of BIH adopted a Mid-Term BIH Debt Management Strategy for 2020-2030, and tasked the Ministry of Finance and Treasury to apply guidelines defined under the Strategy in future foreign borrowing. The Strategy will be posted at The Ministry’s web site.
The mid-term Strategy presents the debt structure, indebtedness level estimate, and defines debt management goals and guidelines for reaching these. The Strategy is being prepared based on mid-term deb management strategies of Republika Srpska, the Federation of BIH and Brčko District of BIH, including foreign debt of the BIH Institutions.
The basic aim of the Strategy is to secure finances for the needs of the State, Entities and Brčko District of BIH, with an acceptable level of financing costs and risks. An additional aim is the development of domestic securities market, as it represents basic precondition for effective debt management.
The selected debt management strategy ensures the same financing costs, with lower currency risk and acceptable level of interest rates and refinancing risks, in relation to the current situation. The Strategy suggests new loan contracts should be with a longer term and longer grace period, fixed interest rates and in EUR, wherever creditor conditions allow so, with taking regard of financing costs.
PREPARATORY ACTIVITIES FOR BIH PARTICIPATION AT BERLIN PROCESS SUMMIT
The Council of Ministers of BIH adopted a piece of information on preparations of Bosnia and Herzegovina for the July 5, 2021 Berlin Process Summit, to be held in Berlin.
For the purpose of securing timely and effective participation of BIG in the Berlin Process cycle, the Council of Ministers urged the Ministry of Foreign Affairs of BIH to take all necessary procedures and to request from relevant all-level institutions their respective opinions on an Agreement on Freedom of Movement and Stay with IDs and Agreement on Freedom of Movement of Third Parties’ Citizens, and to report to the Council of Ministers, by June 28, 2021. activities implemented, and to start needed procedure for obtaining consent of the BIH Presidency for endorsement of the proposed documents at the Berlin Summit.
The Ministry of Civil Affairs of BIH was urged to implement all necessary procedures by June 28 2021 and request relevant opinions from all-level authorities as to an Agreement on Mutual Recognition of Professional Qualifications and Agreement on Recognition of Academic Qualifications and to provide to the Council of Ministers of BH a piece of information on the activities implemented, and to start a procedure for obtaining consent from the BIH Presidency for BIH endorsement of the proposed documents at the Berlin Summit.
The Ministry of Foreign Trade and Economic Relations of BIH was urged to take all necessary procedures within its competence, by June 28, 201, and request opinions from all-level institutions as to activities and documents relevant for both the Berlin Summit and 2021-2024 Action Plan of the Regional Common Market.
The Ministry of Foreign Affairs of BIH, Ministry of Civil Affairs of BIH, and Ministry of Foreign Trade and Economic Relations of BIH will start relevant procedures for obtaining consent from the BIH Presidency for endorsement of the proposed documents at the Berlin Summit.
The Council of Ministers of BIH urged all competent institutions of BIH, together with all Entity, Cantonal and Brčko District institutions to take, in line with their constitutional competences and legal procedure, all necessary activities and give their contribution to activities stemming from the Berlin process.
ACCEPTED GRANT FROM SERBIA OF 5,000 VACCINES AGAISNT COVID-19
The Council of Ministers of BIH accepted 5,000 doses of AstraZeneca vaccines against Covid-19 from COVAX mechanism, a grant from the Republic of Serbia to Bosnia and Herzegovina for the needs of the Tuzla Canton.
A under a Proposal Agreement on Vaccine Grant between the Government of the Republic of Serbia and Council of Ministers of Bosnia and Herzegovina, the Republic of Serbia will hand over the granted 5,000 doses for the needs of the Tuzla Canton on June 17, 2021. The grant will be used for vaccination and revaccination.
The Ministry of Civil Affairs of BIH, as competent institution, was set as the grant receiving agent on behalf of the Council of Ministers. The Proposal Agreement on Grant will be sent to the BIH Presidency for further procedure.
EXTENDED USE OF LAISSEZ-PASSER DOCUMETNS WITH FR GERMANY
The Council of Ministers of BIH adopted a piece of information on activities of the Ministry of Security of BIH on acceptance of citizens of Bosnia and Herzegovina returning from the FR Germany to BIH, based on the European Travel List for Return (EU Laissez-Passer). The session extended the use of the EU Laissez-Passer, issued by Germany authorised bodies, and it will be valid for citizens of BIH on their return/expulsion to Bosnia and Herzegovina, in an additional period of time, from June 30, 201 to June 30, 2024. The Ministry of Security of BIH should monitor the process and get the Council of Ministers informed, as appropriate.
The piece of information points that in time period from December 3, 2015 to March 31, 2021, arrival of 2,826 persons was announced by the competent German bodies. Out of that number, 1,431 citizens of BIH were returned, and total 623 persons were accepted with the laissez-passer document, 753 with passport, 31 with ID card and 22 with travel list.
Also, two citizens of BIH were accepted with valid travel document of a foreign state, under the principle of family reunion with a BIH citizen. Besides, a request for acceptance was refused for total 46 persons (38 were stopped in Germany, and eight were returned from the Sarajevo Airport), as checks proved they were not citizens of BIH.
In time period from June 30, 2021 to March 31, 2021, the authorised bodies of the FR Germany announced arrival of 247 persons, of which 154 BIH citizens returned. Total 53 persons were accepted with a laissez-passer document, 9 with passport, and 11 with BIH travel list.
ADOPTED ACTIVITY REPORT OF STRIKE FORCE GROUP FOR FIGHT AGASINT HUMAN TRAFFICKING
The BIH Prosecutor’s Office received, in the course of year 2020, 483 reports against 662 individuals for criminal acts of human trafficking defined in Article 189 of the Criminal Code of BIH, and 50 reports against 291 individuals for organised human trafficking, reads 2020 report of An Anti-Human Trafficking and Illegal Migration Strike Force, adopted by the Council of Ministers of BIH.
The Report concludes that the BIH Prosecutor’s Office received 20 reports against 45 individuals for criminal acts of international human trafficking and soliciting to prostitution, and eight reports against 50 individuals for organised of international human trafficking defined in Article 186 of the Criminal Code of BIH. Also, different subject human trafficking files were processed by Prosecutor’s Offices of Republika Srpska and the Federation of BIH, cantons and Brčko District of BIH.
The Strike Force includes all prosecutors from BIH Prosecutor’s Office, Entity and Brčko District of BIH Prosecutor’s Offices, as well as all police structures at the state and entity levels, and taxation administrations of the Federation of BIH and Republika Srpska. The report assesses that the Strike Force has played a significant part in implementation and coordination of operative activities, in detection and collection of evidence of criminal acts of human trafficking and related criminal acts. According to the report, new forms of human trafficking, with children as most often victims, as well as the global-level migration crisis point at an obligation of all members of the Strike Force to take stronger and more decisive engagement in activities aiming detection, processing and punishing perpetrators of criminal acts of human trafficking, in addition to a more effective victim, especially child victim, protection.
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