Council of Ministers of Bosnia and Herzegovina Holds Its 94th session

JUDGES AND PROSECUTORS EVALUATION TO IMPROVE JUDICIARY EFFICACY 

The Council of Ministers of BIH defined, by a majority vote, a Proposal Law on Amendments and Supplements to the Law on High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC), introducing evaluation of activities of chief prosecutors and all prosecutors in BIH, chief judge and judges of the Court of BIH and professional assistants.

The evaluation of work of chief judges of the Court of BIH Chief Judge and Federation of BIH and Republika Srpska Supreme Courts and Appellation Court of the Brčko District will be done by the President of the High Judicial and Prosecutorial Council, according to the Proposal Law. The performances of prosecutors, including those of Deputies Chief Prosecutor, will be evaluated by the Chief Prosecutor, while performance of judges and professional assistants will be evaluated by the Chief Judge.

The evaluation of performance of a chief judge will be made by the chief judge of immediately higher instance court. The performances of chief cantonal prosecutors will be evaluated by the Federal Chief Prosecutor, and performances of district chief prosecutors will be evaluated by the RS Chief Prosecutor.

Judges in basic courts and professional assistants appointed by the HJPC will be evaluated once a year based on their results, subject to the HJPC-defined criteria.

The Supplement Law is intended to secure efficacy and unbiasedness of all judicial institutions and holders of judicial functions in Bosnia and Herzegovina. The Ministry of Justice of BIH will provide the Proposal Law to the Parliamentarian Assembly of Bosnia and Herzegovina.

 

TO ADJUST CRIMINAL CODE TO MONEYVAL RECOMMENDATIONS

 

The Council of Ministers defined, by a majority vote, a Proposal Law on Amendments and Supplements to the Criminal Code of Bosnia and Herzegovina, aiming the harmonisation of the Criminal Code of BIH with the international law and its adjustment to recommendations of the Council of Europe Committee of Experts on the Evaluation of Anti-Money Laundering Measures and Financing of Terrorism (MONEYVAL).

The proposed Law delineates competences for individual criminal acts that are defined in the Entity Criminal Codes and that of the Brčko District for the purpose of removal of potential conflicts of competences between their police and judicial bodies.

The Amendments and Supplements to the Law provide for, among other things, stricter sanctions for criminal acts of human trafficking, which is classified as a separate criminal act.

The Ministry of Justice will provide the Proposal Law to the Parliamentarian Assembly of BIH under shortened procedure.

 

TO FULFIL CONDITIONS FOR ESTABLISHMENT OF JOINT EUROPEAN AIR NAVIGATION AREA

 

The Council of Ministers of BIH defined a Proposal Law on contractual obligations in the civil aviation of Bosnia and Herzegovina, as proposed by the Ministry of Transport and Communications in order to adjust the area with the European legislation.

With the Law adopted Bosnia and Herzegovina will fulfil one of key requirements from the Multilateral Agreement on Establishment of Joint European Air Navigation Area.

The Proposed Law governs the contractual obligations in connection with international air transport of passengers, baggage and cargo and optional air transport by air-line operator.

The Proposal Law underwent the procedure of public consultations, after the Directorate for Civil Aviation of BIH posted the Pre-Draft Law at its web page.

 

CONTINUITY IN DECISION-MAKING ON PUBLIC PROCUREMENT APPELAS

 

The Council of Ministers of BIH defined a Proposal Law on Supplements to the Law on Public Procurement of Bosnia and Herzegovina, proposed by the BIH Public Procurement Agency, for the reason of securing continuity of decision-making on appeals in the area of public procurement.

The Supplement Law defines competences of the Sarajevo-based Appellation Office for decision making on appeals, until branch offices are established in Banja Luka and Mostar, so that proper legal protection might be secured in all public procurement procedures.

The Proposal Law on Supplement to the Law on Public Procurement in Bosnia and Herzegovina will be provided to the Parliamentarian Assembly of BIH for consideration under urgent procedure.

 

RECIPROCITY IN VOTE PROCEDURE FOR CITIZENS OF OTHER STATES

 

The Council of Ministers defined, by a majority vote, a Proposal Law on Vote Procedure for Citizens of Other States in Territory of Bosnia and Herzegovina, based on the reciprocity principle.

The Proposal Law governs the execution of voting rights of citizens of other states with permanent or temporary residence in BIH when voting at elections or referendum, organised at polling stations of the state concerned in BIH, including conditions, method and procedure of vote.

The basic principle for executing the right to vote of citizens of other states in BIH is the securing the reciprocity for BIH citizens when voting in the territory of that other state.

The Ministry of Foreign Affairs will provide the Proposal Law to the Parliamentarian Assembly of BIH for further procedure.

 

ESTABLISHEMNT OF FINANCIAL INSPECTORATE

 

The Council of Ministers of BIH, defined, by a majority vote, a Proposal Law on Amendments and Supplements to the Law on Financing of the Institutions of Bosnia and Herzegovina, establishing the Financial Inspectorate within the Ministry of Finance and Treasury.

The Inspectorate will carry out surveillance over the implementation of the Law on Financing and other budget spending-related regulations.

Also, surveillance will be carried out over the implementation of regulations on salaries and other benefits to employees in the BIH Institutions, including regulations on administrative fees and charges in BIH administration bodies.

The Ministry of Finance and Treasury will provide the Proposal Law to the Parliamentarian Assembly of BIH.

 

STRUCTURAL DIALOGUE PLENARY MEETING ENDORSED

 

The Council of Ministers of BIH endorsed holding of a plenary meeting of the Structural Dialogue on Judiciary and on additional rule of law issues on May 13 and 14, 2014 in Sarajevo.

The Council of Ministers granted its support to the proposed agenda and the European Commission received a proposal from the Directorate for European Integrations on the extension of the agenda.

The Council of Ministers granted its consent to the composition of the Delegation, as supplemented by two representatives from each Entity Ministries of Interior and Justice.

The Ministry of Justice is tasked to provide to the Council of Ministers, within a 15-day deadline, a proposal decision on appointing BIH delegation for Structural Dialogue meetings, and the Directorate for European Integrations is tasked to provide to the Council of Ministers the composition of all sub-committees appointed form 2009 onwards, in order to renew the delegations.

 

KM 2 MILLION FOR RETURNEES

 

Upon a proposal of the Ministry for Human Rights and Refugees, the Council of Ministers   took a decision on transfer of KM 2,000,000.00 from the Ministry for Human Rights and Refugees budget to the Fund for Return of Bosnia and Herzegovina budget for the purpose of implementation of joint projects on implementation of rights prescribed under the Dayton Peace Accords Annex 7, after approval of the BIH Committee for Refugees and Displaced Persons.

 

EUROPEAN ROAD OF BIH

 

The Council of Ministers of BIH got informed of conclusions of the EU Council for Foreign Affairs on Bosnia and Herzegovina, adopted at a meeting, held in Luxembourg on April 14, 2014.

 

BRIDGE OVER DRINA RIVER NEW JOINT PROJECT BIH AND SERBIA 

 

The Council of Ministers of BIH defined Proposal Basics for negotiations on an Agreement between the Council of Ministers of Bosnia and Herzegovina and Government of the Republic of Serbia on construction of a bridge over the Drina River in Bratunac-Ljubovija.

The bridge construction would help speeded economic development of the area, while a cargo transport to unfold on by-pass roads outside the urban area would disburden the community centre. Also, this is the shortest road connection to the Corridor 11 in Serbia.

The financial obligation for development of plans and technical documentation, and construction is on the Government of the Republic of Serbia.

The Ministry of Communications and Transport will provide the Proposal Basics to the Presidency of BIH for further procedure.

 

VIZA-FREE TRIP TO MOLDOVA AND ALBANIA FOR BIH CITIZES

 

The Council of Ministers of BIH defined a Proposal Agreement between the Council of Ministers of Bosnia and Herzegovina and Government of the Republic of Moldova on travel of BIH citizens without visas, which facilitates travel for tourist and business purposes, and expands economic, cultural and scientific cooperation between the two states.

 

Simultaneously, a Proposal Agreement was defined on Amendments and Supplements to the Agreement between the Council of Ministers of Bosnia and Herzegovina and Council of Ministers of the Republic of Albania on mutual travel regimes for their citizens.

Under these agreements, citizens of BIH and Moldova, and BIH and Albania, are freed from visa requirements for entry and stay in the territory of other contracting state for 90 days longest within any180-day period of time.

 

INITIATIVE FOR IMPROVEMENT OF LIVING CONDITIONS OF CITIZENS FO TUZLA AND ZENICA

 

The Council of Ministers of BIH accepted an Initiative of the Ministry of Finance and Treasury and set-up a negotiating delegation on a Loan and Project Agreement between the KfW, Frankfurt am Main, and Bosnia and Herzegovina, represented by the Ministry of Finance and Treasury (Borrower), Federation of Bosnia and Herzegovina, represented by the Federal Ministry of Finance and Municipalities of Tuzla and Zenica (Project Implementation Agencies), worth EUR 11,000,000.00 for Water Supply and Sanitation in BIH 2 Programme.

The Programme improves the water supply and sewage systems in the Municipalities of Tuzla and Zenica, aiming the improvement of living conditions of their citizens.

Out of EUR 11 million loan, EUR 6,250,000.00 is allocated to Tuzla, and EUR 4,750,000.00 to Zenica. The loan term is 15, with a 3-year grace period.

 

EUR 37.5 MILLION FOR HYDRO POWER PLANT VRANDUK

 

The Council of Ministers of BIH accepted an Initiative of the Ministry of Finance and Treasury for negotiations on a Finance Contract between Bosnia and Herzegovina and the European Investment Bank for Renewable Energy – Vranduk Hydro-Power Plant.

The construction of the Vranduk Hydro-Power Plant, of 19.53 MW installed capacity and average annual production of 95 GWh, is intended for a decrease of carbon and other pollutant emissions and for improving overall proportion of energy generated in hydro and coal power plants within the BIH Power Utility system.

The European Investment Bank issues a loan for the realisation of the project worth EUR 37.500.000 million, allocated to the Federation of BIH. The Loan term is 25 years, with 4-year grace period, and the Project implementation is expected to be completed by the end 2018.

 

TO FULFIL COMMITMENTS TO MONEYVAL

 

The Council of Ministers of BIH received Information from the Ministry of Foreign Affairs regarding discussions of the BIH Permanent Representative in the Council of Europe on BIH’s non-fulfilment of commitments towards the MONEYVAL and on possibilities of sanctions to be imposed against BIH.

The Council of Ministers of BIH urges all relevant stakeholders in the process of development of anti-money laundering and financing of terrorism regulations to take their maximum efforts to have Bosnia and Herzegovina fulfilled its obligations towards eth MONEYVAL.

In connection to that, the Ministry of Security of Bosnia and Herzegovina is tasked to inform the MONEYVAL Chairman on this position of the Council of Ministers and on any subsequent affirmative move of BIH authorities.

 

INFORMATION SYSTEM FOR HIGH QUALITY INVESTMENT MANAGEMENT

 

The Council of Ministers of BIH adopted Information of the Ministry of Finance and Treasury on the established Public Investments Management Information System (PIMIS), to allow high quality management of public investments and more effective use of foreign and domestic development funds.

The Project beneficiaries are the Ministry of Finance and Treasury, Federal Ministry of Finance, Ministry of Finance of Republika Srpska and Brčko District of BIH Financial Directorate, including donors and Donor Coordination Forum.

All users of BIH Institutions’ budget are tasked to plan and candidate their projects via on-line ID, application and monitoring form within the PIMIS system.

Also, all BIH Institutions’ budget users are due to enter all their projects into the PIMIS system via a form, regardless of the kind, type, status, and source and way of financing, and to keep them up-dated.

 

COUNCIL OF MINISTERS: TO IMPROVE COOPERATION WITH NGO SECTOR

 

The Council of Ministers of BIH adopted Information of the Ministry of Justice on implementation of an Agreement on Cooperation between the Council of Ministers of Bosnia and Herzegovina and NGO sector in Bosnia and Herzegovina.

A Work Group was appointed for revision of the signed Agreement on Cooperation between the Council of Ministers and NGO sector in BIH, comprised of  representatives of the Office of Chairman, Ministry of Justice of BIH, Entity Governments and Brčko District, and these institutions will provide the names of representatives to the Ministry of Justice.

In 30 days from its consultative session, the Work Group will revise the Agreement on Cooperation based on agreed.to positions and hold negotiations with a NGO sector representative for the needs of consolidating the text Agreement, following which it will be provided to the Council of Ministers for adoption.

 

BIH MIGRTION PROFILE FOR 2013 ADOPTED

 

Upon a proposal of the Ministry of Security, The Council of Ministers of BIH adopted a Migration Profile of Bosnia and Herzegovina for year 2013, thus continuing a regular practice of annual up-dating of migration statistics, in compliance with the visa liberalisation Road Map.

The Migration Profile indicates that BIH diplomatic-consular posts issued 12,107 visas in 2013, which represents an increase for 5.44 per cent compared with year 2012. Also, in 2013 93 visas were issued at BIH border crossings, which is 38 per cent less than year before. The number of entries denied by the BIH Border Police in 2013 was 2.079, as decreased for about 30 per cent in relation to 2102, while the number of illegal border crossings in 2013 was 228, as decreased for 41.39 per cent in relation to the year before.

Foreigners in BIH were approved 9.953 temporary residences in 103, 12.62 per cent more than the year before, and 713 permanent residences, or 77.81 per cent more than the year before. A total 236 foreigners were put into custody in the Immigration Centre in 2013, which is a decrease for 47.90 per cent in relation to year 2012, when the number was 649, which is a decrease for about 20 per cent. The most of BIH citizenships were granted to citizens of Serbia and Croatia, 93.22 per cent.

According to data form the Ministry for Human Rights an Refugees, there are about 1.5 million migrants born in BIH and living outside BIH.

 

EUR 2.5 MILLION FOR SMEs

 

Upon a proposal of the Ministry of Finance and Treasury, the Council of Ministers of BIH adopted a conclusion on grating tis consent to “Microfin” microcredit association for borrowing from the Council of Europe Development Bank in amount of EUR 2.5 million for partial financing of investments for creation and maintenance of jobs in micro and small enterprises in Bosnia and Herzegovina.

The aim of the loan is to support creation and maintenance of revenue-generating and self-employment activities, including the establishment of micro and small enterprises in Bosnia and Herzegovina.

The loan funds will be used thought Bosnia and Herzegovina in different sectors, including trade, services and agriculture.

 

CoM THEMATIC SESSION ON INDIRECT TAXATION ADMINISTRATION

 

The Council of Ministers of BIH will hold a thematic session devoted to activities of the Indirect Taxation Administration of BIH, as decided after consideration of conclusions from the 65^th session of the Parliamentarian Assembly House of Representatives regarding a discussion on Activities Report of the House of Representatives Investigation Committee for Identification of Eventual Irregularities and Misuses in the Indirect taxation Administration of BIH.

The Indirect Taxation Administration is due to submit materials for the thematic session to the  Council of Ministers of BIH, with an emphasis on issues of personnel, hiring, internal audit and public procurement, taking into consideration already defined positions and actions undertaken by competent authorities.

 

TO PREPARE POLICY PAPER AND AMENDMENTS TO LAW ON SALARIES WITHIN 45 DAYS

 

The Council of Ministers of BIH considered a conclusion of the House of Representatives, taken at tis 65^th session, tasking the Council of Ministers to prepare a Draft Law on Decrease of Public Spending, including salaries and emoluments, within 10 days.

It was concluded that the Council of Ministers of BIH defined, at its 91^st session held on April 15, 2014, its opinion to the Draft Law on Salary Levels of Employees in the BIH Institutions.

The Council of Ministers of BIH deems the 10-day deadline inappropriately short for taking a system legal regulations, especially the law on salaries and emoluments in the BIH Institutions, particularly on the account of the existing provisions of the Law on Salaries and Emoluments, which provides for a legal obligation of the Council of Ministers to adopt salary policy for a four-year election term, in order to secure complance with the fiscal accountability principle, i.e. to maintain the fiscal sustainability and smooth functioning of the Intuitions of Bosnia and Herzegovina.

In regard to that, it was concluded that the Salary and Emoluments Policy in BIH Institutions for 2011-2014 is still valid.

However, appreciating the state of fiscal sustainability of all-level authorities in BIH and expressed position of the Parliamentarian Assembly House of Representatives about a need for salary cuts to elected and appointed persons and managing civil servants as soon as possible, the Council of Ministers of BIH tasked the Ministry of Finance and Treasury to prepare a proposal within 45 days of the salary and emoluments policy for 2015-2018 and prepare a proposal of appropriate amendments to the laws governing the salary levels in the Institutions of BIH to be adjusted to the Salary Policy.

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