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National Procedure for Ratification of International Agreements/

The Regional Workshop of Basel Protocol on Liability and Compensation (18-20 January, Warsaw, Poland). National Procedure for Ratification of International Agreements/ Contracts in Bosnia and Herzegovina

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National Procedure for Ratification of International Agreements/

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  1. The Regional Workshop of Basel Protocol on Liability and Compensation(18-20 January, Warsaw, Poland) National Procedure for Ratification of International Agreements/ Contracts in Bosnia and Herzegovina (Presentation: Ms. Nermina Skejović – Hurić, Ministry of Foreign Trade and Economic Relations)

  2. Environmental International Agreements of B&H: Conventions and Protocols B&H is Party of 46 Environmental Conventions,Protocols, Treaties, Agreements and Amendments and succession country of the former Yugoslavia and 5 new conventions as idenpendent state: Bosnia and Herzegovina has ratified: • Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal – Basel • UN Framework Convention on Climate Change – UNFCCC (2000) • UN Convention to Combat Desertification – UNCCD (2002) • UN Convention on Biological Diversity (2003) • Convention on Cooperation for the Protection and Sustainable Use of Danube River – Danube Convention (2005)

  3. Ratification process of international agreements in BiH: Initiation of ratification process and procedure • The initiation is followed by the proposal for ratification,prepared by the state Government (Council of Minister) • According to the BiH «Law on the Process of Concluding and Implementing International Contracts Agriments» an initiative may come from: state,entity,cantonal or municipal authority,business association or NGO-S

  4. Leading role in guiding the instrument during the ratification process • Lading role in initiation and technical preparation has a competent state institution responsible for international relation in subject sector (MoFTER for Environment) • Leading role in administrating the process has the Ministry of Foreign Affairs

  5. Which other entities must be consulted before ratification can take place ? • State, Entities relevant ministries stake holders involved • Bureau for legislation of the Council of Ministers • Ministry of Foreign Affairs

  6. Which is the entity taking the final decision ? • Presidency of BiH upon written acceptance/approval of both BiH Parliamentary Assembles (House of Representatives House of Nations)

  7. Other requirements following ratification for an international instrument to enter into force and / or to be implemented in BiH: • Decision of the Presidency for ratification of instrument, signed by Chairman of the Presidency • Decision announced/ published in the BiH Official Gazette • Instrument of ratification submitted by the Ministry of Foreign Affairs to the Convention/ agreement Depositary

  8. Difficulties and obstacles identified in BiH concerning ratification of the Protocol: At a practical level (e.g. capacity to implement) • Lack of real Ministry of Environment at state level • Lack of competent capacities at all administrative levels • No experience and knowledge in implementation the Basel Convention and Protocol of other countries

  9. Difficulties and obstacles identified in BiH concerning ratification of the Protocol: At a legal / technical level (e.g. conflict with existing domestic rules) • Lack of any environmental legislation/regulations at on state level • Conflict of interest between the States and Entities’ responsibilities and competences for environmental protection

  10. How these difficulties, concerns and obstacles could be removed • Establish and enhance institutional environmental set-up at state level • Establish a framework environmental legislative (legal acts) for the implementation of BiH international environmental commitments

  11. What actions could be undertaken by the Secretariat of the Basel Convention to facilitate the ratification of the Protocol by your country • No experience and knowledge in BiH on Basel Convention Secretariat activities in this regard • Such other experience in BiH for the assistance in ratification and implementation of international environmental treaties EU – EC delegation to BiH for ratification of the ( ICPDR – Convention for Protection of Danube River – good example ) may be effective

  12. Thank you for your attention!

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