2006/55/EC: Council Decision of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2004/515/EC

• Published date: 29 September 2006
• Subject Matter: Cooperation,External relations

7.2.2006 EN Official Journal of the European Union L 35/19

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COUNCIL DECISION

of 30 January 2006

on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2004/515/EC

(2006/55/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European Partnerships in the framework of the stabilisation and association process (1) and in particular to Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the western Balkan countries within the framework of the stabilisation and association process.

(2) Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments.

(3) The Council adopted on 14 June 2004 a first European Partnership with Bosnia and Herzegovina (2). It is appropriate to update this Partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2005 Progress Report on Bosnia and Herzegovina's preparations for further integration with the European Union.

(4) Regulation (EC) No 533/2004 stated that the follow-up to the European Partnerships will be ensured within the framework of the mechanisms established under the stabilisation and association process.

(5) In order to prepare for further integration with the European Union, Bosnia and Herzegovina is expected to develop a plan with a timetable and specific measures to address the priorities of this European Partnership.

(6) Decision 2004/515/EC should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Bosnia and Herzegovina are set out in the Annex hereto, which forms an integral part of this Decision.

Article 2

The implementation of the European Partnership shall be examined through the framework of the mechanisms established under the stabilisation and association process, notably the annual Progress Reports presented by the Commission.

Article 3

Decision 2004/515/EC shall be repealed.

Article 4

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 30 January 2006.

For the Council

The President

U. PLASSNIK

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(1) OJ L 86, 24.3.2004, p. 1.

(2) Council Decision 2004/515/EC of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina (OJ L 221, 22.6.2004, p. 10).

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ANNEX

BOSNIA AND HERZEGOVINA: 2005 EUROPEAN PARTNERSHIP

1. INTRODUCTION

The Thessaloniki European Council endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the western Balkan countries within the framework of the stabilisation and association process.

The first European Partnership with Bosnia and Herzegovina was adopted by the Council on 14 June 2004. It is appropriate to update this first partnership on the basis of the findings of the 2005 Commission's Progress Report on Bosnia and Herzegovina. The second European Partnership identifies new priorities for action. The new priorities are adapted to the country's specific needs and stage of preparation and will be updated as necessary. The European Partnership also provides guidance for financial assistance to the country.

Bosnia and Herzegovina is expected to develop a plan including a timetable and specific measures to address the European Partnership priorities.

2. PRINCIPLES

The stabilisation and association process remains the framework for the European course of the western Balkan countries, all the way to their future accession.

The main priorities identified for Bosnia and Herzegovina relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the stabilisation and association process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.

3. PRIORITIES

The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that Bosnia and Herzegovina can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and the implementation thereof.

Taking into account the substantial costs involved with meeting all the EU requirements as well as the complexity of these requirements in certain areas, this partnership does not include all important tasks at this stage. Future partnerships will include further priorities in line with progress made by the country.

Among the short-term priorities, the key priorities have been identified and grouped together at the beginning of section 3.1. The order of these key priorities does not imply a ranking in their importance.

3.1. SHORT-TERM PRIORITIES

Key priorities

— Fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY) in apprehending all ICTY indictees at large.

— Fully implement the Agreement on Police Restructuring of October 2005. In this framework, establish the Directorate for the Implementation of Police Restructuring by December 2005 and adopt an action plan for the reform implementation in compliance with the principles outlined by the Commission within the timelines set by the agreement.

— Adopt all the necessary public broadcasting legislation at State and entity level and start its implementation.

— Ensure that all State-level ministries and institutions are adequately financed, operational and properly equipped, namely in terms of premises and staff.

— Adopt and start implementing a comprehensive action plan for public administration reform, taking into account the results of the public administration functional and sectoral reviews.

— Ensure the existence of a real internal market in Bosnia and Herzegovina.

Political requirements

Democracy and the rule of law

Governance

— Take steps to provide Bosnia and Herzegovina's Parliamentary Assembly with sufficient technical resources and personnel.

— Further improve and strengthen State-entity coordination by establishing regular and institutionalised mechanisms for coordination between the State and the Entities.

— Ensure proper follow-up to the reports issued by Bosnia and Herzegovina's Supreme Audit Institutions and take appropriate measures against those responsible for irregularities.

Elections

— Assume full organisational and financial responsibility for the 2006 Parliamentary and Presidential elections.

— Amend electoral legislation regarding the Bosnia and Herzegovina Presidency members and the House of Peoples delegates, to ensure full compliance with the European Convention on Human Rights and the Council of Europe post-accession commitments.

— Provide the necessary staff for the Audit Department of the Electoral Commission.

Public administration

— Provide the Public Administration Coordinator's Office with the necessary human and material resources to carry out its work.

— Take measures to ensure the proper functioning of the Civil Service agencies and develop and implement efficient recruitment procedures; ensure prompt appointment of civil servants, in particular at State level, following successful civil service procedure.

— Implement the training programme for public administration adopted in May 2005.

— Adopt the new legislation on the State ombudsman and ensure the merger of the State and entity ombudsmen.

Judicial system

— Ensure full responsibility for the State Court, the Prosecutor's Office and the High Judicial and Prosecutorial Council in terms of finance, administration and personnel; ensure their proper functioning.

— Make progress in dealing with the backlog of cases before the courts.

— Develop an efficient system for addressing juvenile delinquency.

Anti-corruption policy

— Prepare a detailed action plan against corruption on the basis of the national anti-corruption strategy.

— Harmonise anti-corruption legislation within Bosnia and Herzegovina.

— Ensure effective implementation of the law on conflicts of interest.

Human rights and the protection of minorities

— Abolish references to the death penalty in the Republika Srpska Constitution.

— Implement the international conventions ratified by Bosnia and Herzegovina, including reporting requirements.

— Ensure that the Human Rights Commission within the Constitutional Court addresses all unresolved human rights cases.

— Further improve the legal framework on minorities so that it fully meets the requirements of the Council of Europe Framework Convention on National Minorities, and ensure its

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