Council of Ministers of Bosnia and Herzegovina Holds Its 41st Session

AMENDMENTS AND SUPPLEMENTS TO LAW ON HJPC 

The Council of Ministers of BIH, by majority vote and including some corrections, defined the Ministry of Justice-initiated Proposal Law on Amendments and Supplements to the Law on High Judicial and Prosecutorial Council (HJPC) of BIH, and will send it to the BIH Presidency for consideration under shortened procedure.

The Proposal Law regulates issues needed to deal with urgently in order to improve the integrity, effectiveness and transparency of judiciary and the HJPC, as one of 14 priorities of the European Commission Opinion.

The Proposal Law was based on the principles of integrity of holders of judiciary functions, operations transparency, a two-degree decision-making and accountability principle.

Among main issues dealt with by the Proposal Law, and which require an urgent adoption,  there are: conflict of interest by HJPC members, property report of judges and prosecutors, including HJPC members, and check thereof, establishment of an Integrity Unit within HJPC Secretariat, legal remedies against decisions on appointment, including amendments and supplements to disciplinary breaches and disciplinary procedures against judges and prosecutors.

An obligation was included for judges and prosecutors, i.e. HJPC members, to declare their property and interests. A property report is one of concrete measures the Venetian Committee of the Council of Europe requires to be “posed against corruption in judiciary”. Also deadlines for filling the reports were set, and newly-established reports registry will be available to public and verifiable. For that purpose, an Integrity Unit under the HJPC Secretariat will be established, and breaches as to reports on property and interests were prescribed.

The proposed amendments and supplements set forth that in the course of term and a year after its expiry, HJPC members may not apply for, nor be selected to vacancies in Entity Constitutional Courts, to position of managing civil servant with the Office of Disciplinary Prosecutor and the HJPC Secretariat. Further, cases were specified of an expiry of term of HJPC members, situations were defined when HJPC members are to be released from their duties, as well as a release procedure, conflict of interest situation of HJPC members were defined, it provided that in a voting procedure a HJPC member may not be refrained, and a legal remedy was defined against HJCP decisions on appointment.

In addition to above, accountability for a disciplinary breach was defined, disciplinary braches for judges and prosecutors were defined, over-maturity of disciplinary breach, defined was a ban of performing non-conforming functions for judges and prosecutors, specifying what additional activities may be taken by judges and prosecutors, limitations of reimbursements as to additional activities, and cases in which judges and prosecutors may seek a HJPC opinion on conformity of their activities with their duties.

Within one year time from taking effect of the law, the Parliamentarian Assembly of BIH should have adopted the BIH HJPC Law, harmonised with the EU standards, as provided in the European Commission Opinion on Bosnia and Herzegovina application for the EU membership.

 

TO SET DEFENCE COOPERATION WITH STATE OF QATAR

 

The Council of Ministers of BIH defined a Proposal Platform for starting negotiations on an Agreement on Cooperation in Area of Defence between the Council of Ministers of Bosnia and Herzegovina and Government of the State of Qatar.

Representatives of Ministries of Defence of Bosnia and Herzegovina and the State of Qatar have had very limited contacts so far. However, it was found that there are shared positions and mutual interest sufficient for setting bilateral cooperation in the area of defence, to contribute development of overall friendly relations.

The State of Qatar offers support to Bosnia and Herzegovina as a significant donor and investor. In communication with officials of the State of Qatar, a readiness was declared of this state to support certain programmes and plans and contribute by way of material grants to increased general security in BIH. It refers to solving the issue of surplus of arms and ammunition, increased safe storing thereof, and possible support of the State of Qatar by grants for equipping and modernisation of the BIH Armed forces, whether through bilateral cooperation or inclusion of the State of Qatar into certain multilateral grant programmes.

The Ministry of Defence should pass the Proposal Platform to the BIH Presidency for further procedure, with a proposal for the Minister of Defence as the BH signatory thereof.

 

TEMPORARY FINANCING OF BIH INSITUTIONS

 

The Council of Ministers of BIH took the Ministry of Finance and Treasury-proposed Decision, making some technical corrections, on temporary financing of Institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina for July-September 2021, in amount to KM 249 million.

The amount is one fourth of the funds approved for financing of BIH Institutions, in accordance with the Law on Budget of BIH Institutions and International Obligations of BIH for year 2020.

 

NEW MEMBER APPOINTED TO WORK GROUP FOR DRAFTING AMENDMETNS AND SUPPLEMENTS TO RULEBOOK ON KEEPING AND DESTROYING SEIZED NARCOTICS

 

The Council of Ministers of BIH took the Ministry of Security-proposed decision to amend a Decision setting-up a work group for drafting of amendments and supplements to Rulebook for keeping and destroying seized narcotics, psychotropic matters, narcotic-preparing herbs, and precursors. The work group got a new chair, Head of the Ministry of Security Department for Suppression of Narcotics Misuse Dragan Vukadin.

The Work Group is responsible to draft amendments and supplements to Rulebook on keeping and destroying seized narcotics, psychotropic matters, narcotic-preparing herbs, and precursors. The Ministry of Security of BIH will, after collecting required opinions on the draft rulebook, provide it to the Council of Ministers of BIH for consideration and adoption.

 

EXPERT TEAM FOR TRGOVSKA GORA SUPPLEMENTED BY NEW EXPERTS

 

The Council of Ministers of BIH took the Ministry of Foreign Trade and Economic Relations-proposed Decision on supplement to a Decision on Expert Monitoring Team concerning the issue of storing radioactive waste and depleted nuclear fuel at a Trgovska Gora site. Taking into consideration the newly created situation caused by frequent earthquakes in the Republic of Croatia and in Bosnia and Herzegovina, the Expert Team was thereby supplemented by experts for regional geology, earthquakes, seismic tests, hydromechanics and environmental impact assessment (prof. dr. Hazim Muratović, prof. dr. Muir Jahić, prof. dr. Zvjezdan Karadžin, and prof. dr. Mirjana Miličevć), in addition to a representative of ”Green Team” NGO (Mario Crnković).

 

REPORT OF STATE REGULATORY AGENCY FOR RADIATION AND NUCLEAR SAFETY

 

The Council of Ministers of BIH adopted a piece of information by the State Regulatory Agency for Radiation and Nuclear Safety on both planned and taken activities for implementation of recommendations stemming from a Performance Review Report on Activities of Institutions of Bosnia and Herzegovina for securing radiation and nuclear safety.

The recommendations refer to management of radioactive waste, institutional procedures as to eventual building of warehouse or storing site of radioactive waste in the neighbouring Republic of Croatia near its border with BIH, activities carried out by the Agency Inspection Office, as well as to monitoring of radioactivity in the environment.

As for finding potential location for future central soring site of radioactive waste and depleted radioactive sources in BIH, the Agency required the Council of Ministers of BIH and Entity Governments to appoint new or reappoint earlier appointed representatives to a committee responsible to make analysis of visits to potential sites made to date, and propose final solution for the central storing site. The Agency considers it necessary to take concrete steps, involving all relevant authorities, in order to have the issue finally solved.

When it comes to procedures in connection to possible construction of warehouse/disposal site of radioactive waste at Trgovinka Gora, in Croatia, the Council of Ministers of BIH had formed in end 2020 an expert and legal team to deal with the issue. In that regard, activities were intensified and all actions possible taken so as to prevent the Republic of Croatia in its intention to dispose of the radioactive waste and depleted nuclear fuel at the Trgovinska Groa site.

The State Regulatory Agency for radiation and nuclear safety is responsible to pass the piece of information to the Parliamentarian Assembly of BIH and Audit Office of BIH Institutions.

 

NATO PARTNER-STATES’ MISSIONS MOVING IN BRUSELLS COMPLETED

 

The Council of Ministers of BIH adopted a piece of information of the Ministry of Foreign Affairs of BIH on completed multi-annual project “moving of NATO-partner states’ missions in “Z” building in Brussels.

The Council of Ministers took, on August 25, 2015, a decision to approve the multi-annual project “Moving of NATO-partner states’ missions to “Z” building in Brussels”, and on December 15, 2020, it amended the decision to approve needed funds from the Ministry of Foreign Affairs budget in amount of KM 1,628,419.00.

The reason  behind the decision-taking is a decision by NATO member-states to move NATO HQ in Brussels to a new building, with missions of NATO-partner states to be moved to the “Z” building, where Bosnia and Herzegovina was offered 535m² space, corresponding the space surface the BIH Mission with NATO had previously rented.

The BIH Mission with NATO moved to new pace in end March 2020, and by the payment of the remaining KM 523,885.67 to NATO Office for Design and Moving (NATOHPQO/TO), in February 2021, it fulfilled its obligation and completed the project.

The Ministry of Finance and Treasury of BIH and Ministry of Foreign Affairs are responsible for ISFU closing of the project.

 

STRENGTHENIG OF COOPERATION IN SPORTS WITH HUNGARY

 

The Council of Ministers adopted the Ministry of Civil Affairs-tabled Report on conclusion of a Memorandum on Cooperation in Area of Sports between the Ministry of Civil Affairs of BIH and Ministry of Human Resources of Hungary.

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The Memorandum, signed in Sarajevo on March 16, 2021 by Minister of Civil Affairs Ankica Gudeljević and Minister of Foreign Affairs and Trade of Hungary Peter Sijarto, sets forth cooperation of two countries’ bodies responsible for sports, through joint activities and exchange of experiences. Also, cooperation between sports associations and federations was provided for in the area of various sports disciplines of top quality by way of joint training, tournaments, traditional sports events, as well as through an exchange of staff in related sports disciplines (trainers, managers, medical personnel etc.), participation of experts at sports seminars, symposia and conferences to be organised by both sides, including organisation of bilateral sports events for the purpose of exchange of experiences, in addition to consultation for reconstruction and maintenance of sports facilities.

The Council of Ministers of BIH tasked the Ministry of Civil Affairs of BIH to send the report for the further procedure and provide it to the Parliamentarian Assembly of BIH.

 

STABILISATION AND ACCESSION COMMITTEE FIFTH MEETING

 

He Council of Ministers of BIH took note of a piece of information of the Directorate for European Integrations of BIH on holding of the Stabilisation and Acession Committee fifth meeting held between the European Union and Bosnia and Herzegovina, on November 26, 2020.

The Committee considered issues from key European integrations areas, especially implementation of 14 key priorities from the European Commission Opinion, in addition to considering development of an integration programme. A series of issues were discussed from both political and economic criteria, with a special focus at elections and election law amendment, together with rule of law and judiciary. Within a part dealing with the agreement implementation, discussed were the areas of trade, agriculture, internal market, social policy and innovations, in addition to transport, energy, environment, and regional development.

The Council of Ministers took note of recommendations of the European Commission put forward  after the fifth meeting of the Stabilisation  and Accession Committee, and tasked all responsible institutions of Bosnia and Herzegovina, its Entities and cantons, and the Brčko District of BIH institutions to act in accordance with the recommendations.

 

ANALYSIS OF TRADE EXCHANGE OF AGRICULTURAL AND FOOD PRODUCTS

 

The Council of Ministers of BIH adopted an Analysis of foreign exchange of agricultural and food products for time period 2017-220, drafted by the Ministry of Foreign Trade and Economic Relations of BIH.

The global breakout of Covid-19 pandemics and its consequent slow dawn or full cessation of economic activities marked year 2020, with negative effects to international exchange of goods and services. As to global exchange of agricultural and food products, the global pandemics made difficult transport of goods, causing a market disturbance in terms of decreased demand and sales. Despite this, the agricultural and food production sector had an increase of export for 7 per cent and fall of import for 5 per cent, keeping, however, deficit high, not less than KM 2 billion, although it fell in 2020 for 8 per cent.

The most often export products were fats and oils, fruit, milk and dairy products, eggs and bee honey, crops and flour-based products, water, vegetables, and products of mill industry and meat. The coverage of import by export was 28 per cent in 2020, as increased for 3 per cent relative to the year before.

As to trade partners, the European Union was still the most important one, as about 39 per cent of agricultural products were placed at that market, 3 per cent were placed at CEFTA market, 16 per cent to Turkey, and 2 per cent to EFTA market, and 7 per cent to other markets.

BIH imports agricultural and food products mostly from the EU countries, 66 per cent, from CEFTA 29 per cent, Turkey about 3 per cent, EFTA about 0.2 per cent and 13 per cent from the rest of the world.

 

RULEBOOK ON MAXIMUM LEVEL OF PESTICIDES IN AND ON FOOD ADOPTED

 

The Council of Ministers of BIH adopted the BIH Agency for Food Safety –proposed Rulebook on maximum levels of pesticides remaining in food and on food of herbal and animal origin for animals.

The Rulebook provided for maximum allowed levels, harmonising them with maximum values prescribed in the EU. The aim of the Rulebook adoption is its full harmonisation with Decree No. 396/200 on maximum allowed levels of remained pesticides in and on herbal or animal-origin food for animals, as well as defining of certain articles of the Rulebook as to preparation and implementation of multi-annual and annual control plans for testing the pesticides remaining in animal food.