Emrić wrote to Krišto: Include the Trgovska Gora problem and the UN Convention on the Law of the Sea in the agenda of the joint session of the Council of Ministers of BiH and the Government of Croatia

SARAJEVO, (Patria) - Jasmin Emrić, a representative of NES in the House of Representatives of the Parliament of Bosnia and Herzegovina, sent a proposal for agenda items to the Chairperson of the Council of Ministers of BiH, Borjana Krišto, for the joint session of the Council of Ministers of Bosnia and Herzegovina and the Government of the Republic of Croatia.

"Given that the 3rd joint session of the Council of Ministers of Bosnia and Herzegovina and the Government of the Republic of Croatia has been announced, which should be held on Tuesday, June 20, 2023, in Zagreb, and since the agenda items have not yet been published, I propose that, in accordance with the current need to maintain, improve, and develop good neighborly relations between Bosnia and Herzegovina and the Republic of Croatia, you обязательно propose the following most important agenda items for consideration and signing of agreements on them:

1. Proposal for an Agreement on the Republic of Croatia's withdrawal from the intention to establish a radioactive waste management center at the Trgovska Gora site, micro-location Čerkezovac, Dvor municipality in the Republic of Croatia (hereinafter: the Agreement).

The subject Agreement should be proposed and based on the already signed Agreement between the Council of Ministers of Bosnia and Herzegovina and the Government of the Republic of Croatia on cooperation in the field of environmental protection and sustainable development ('Official Gazette of Bosnia and Herzegovina - International Treaties', No: 2/17), which expressed the conviction that cooperation between the two countries in the field of environmental protection is mutually beneficial and will enable the development of friendly relations, emphasized the awareness of the responsibility for ensuring conditions for a healthy and preserved environment for present and future generations, and highlighted the fact that the consequences of events can have cross-border impact, which directly relates to the current dispute regarding the intention of the Republic of Croatia to establish a storage/disposal facility for radioactive and nuclear waste at the Trgovska Gora site, in close proximity to the border with our country, i.e., to build a nuclear facility.

The Agreement should contain provisions by which the parties undertake to resolve the dispute regarding the Trgovska Gora location, which is determined by the Spatial Development Program of the Republic of Croatia, under point 3.4 Waste Management, as the only location for the disposal of low and medium-level radioactive waste and the construction of a disposal facility for such waste, in a way that the Government of the Republic of Croatia respects the official position of Bosnia and Herzegovina's opposition to the mentioned location, plan, and intention to establish a radioactive waste management center, i.e., a storage/disposal facility.

Furthermore, the Agreement should oblige the Government of the Republic of Croatia to immediately cease all activities and procedures conducted by bodies and institutions of the Republic of Croatia, and to initiate procedures as soon as possible to delete the Trgovska Gora site and the Čerkezovac micro-location from all documents already adopted by the Government and Parliament of the Republic of Croatia, and primarily from:

- The Spatial Development Program of the Republic of Croatia,

- The Strategy for Radioactive Waste Management, Spent Sources, and Spent Nuclear Fuel,

- The National Program for the Implementation of the Strategy for Radioactive Waste Management, Spent Sources, and Spent Nuclear Fuel,

as well as from other official plans and programs regarding the subject activity.

2. Proposal for an Agreement on the implementation of the United Nations Convention on the Law of the Sea between Bosnia and Herzegovina and the Republic of Croatia.

Through this Agreement, the two coastal states, in the spirit of good neighborly relations and preventing all further disputes, should resolve all open issues regarding the maritime border, as well as the rights belonging to Bosnia and Herzegovina as a coastal state, including free access to the open sea in accordance with the United Nations Convention on the Law of the Sea (1982) and the Convention on the Territorial Sea and the Contiguous Zone (Geneva, April 29, 1958).

The provisions of the Maritime Code of the Republic of Croatia, adopted by the Croatian Parliament at its session on December 8, 2004, and proclaimed by the President of the Republic of Croatia on December 14, 2004 ('Narodne novine - Official Gazette', No. 181/2004 of 21.12.2004), which relate to the fact that the Republic of Croatia declared its state sovereignty over the maritime territory of Bosnia and Herzegovina, have essentially remained unchanged to this day.

This has led to a long-standing dispute between the two coastal states regarding maritime affairs, maritime rights, sovereignty, and territorial integrity, caused by the provisions of the Maritime Code, particularly its articles: 1, 6, 7, and 18.

The internal marine waters of the Republic of Croatia are established by Article 7 of the Maritime Code with uninterrupted continuity, without respecting the historical borders of Bosnia and Herzegovina at sea, the belonging part of the Adriatic Sea of Bosnia and Herzegovina: the internal marine waters of Bosnia and Herzegovina (approx. 14 km2) with its coastline (approx. 24 km), and its international rights (in general) and maritime rights, as an independent and sovereign state and one of the equal successors of the Socialist Federal Republic of Yugoslavia. In this way, according to Article 6 of the Maritime Code, the Republic of Croatia declared its state sovereignty over the internal marine waters of the coastal state of Bosnia and Herzegovina, and these are, according to the legislation of the Republic of Croatia, annexed to the Republic of Croatia through its established state sovereignty over internal marine waters, which, according to Article 7 of the Maritime Code, include, among other things, the entire part of the Adriatic Sea and coastline, which undoubtedly also belong in part to the coastal state of Bosnia and Herzegovina.

Bosnia and Herzegovina, as one of the successors of the Socialist Federal Republic of Yugoslavia, became a member of the United Nations Convention on the Law of the Sea on January 12, 1994, when a notification of succession and accession was made. In this way, Bosnia and Herzegovina inherited all maritime rights that it had as one of the six republics of the Socialist Federal Republic of Yugoslavia, including internal marine waters in the part of the Adriatic coastal sea of Bosnia and Herzegovina, and the right of free access to the open sea.

Taking into account all the aforementioned facts, it is necessary for the proposed Agreement to define and establish a shipping route for Bosnia and Herzegovina's free access to the open sea, as well as to regulate mutual relations and respect for all rights of the two coastal states in accordance with international law and ratified conventions.

Respected Chairperson,

Given the importance of the proposed topics for maintaining and developing good neighborly relations between Bosnia and Herzegovina and the Republic of Croatia, I expect you to use this opportunity of the joint session of the two governments to propose and advocate for reaching an agreement so that, after years of stagnation and uncertainty, the most important open and disputed issues between these two countries can finally begin to be resolved," stated Representative Emrić.

The proposal was also sent to the Ministers of Foreign Affairs, Security, Defense, Finance and Treasury, Justice, then the Minister of Foreign Trade and Economic Relations, Communications and Transport, the Minister for Human Rights and Refugees, and the Minister of Civil Affairs of BiH.