LAWON CONCLUSION AND EXECUTION OF TREATIES("Off. Herald of the RS", No. 32/2013) |
Article 1
This Law shall regulate the procedure for conclusion and execution of treaties, as well as other issues related to treaties.
Article 2
A treaty is an international agreement concluded in writing by the Republic of Serbia with one or more states or with one or more international organizations, regulated by the international law, regardless of whether it is contained in one or more interconnected instruments and regardless of its name.
Protocols, minutes and other international acts which, for the purpose of performance of treaties, are concluded, i.e. adopted by bodies authorized or established by those treaties, which do not assume new obligations, shall not be deemed, in the sense of this Law, as treaties.
II PROCEDURE FOR CONCLUSION OF TREATIES
Initiation of the Procedure for Conducting Negotiations and Conclusion of a Treaty
Article 3
The procedure for conducting negotiations and conclusion of a treaty shall be initiated by the Government, on its own initiative or at the proposal of a state administration body, whose purview mainly includes issues regulated by the treaty.
The state administration body shall propose to the Government the initiation of a procedure for conducting negotiations and conclusion of a treaty if, in carrying out tasks within its scope, it determines that certain issues need to be regulated with other states or international organizations.
Initiative to Conduct Negotiations and Conclude a Treaty
Article 4
The initiative for starting the procedure for conducting negotiations and concluding a treaty can be also taken by other state bodies, business entities or associations through state administration bodies whose purview mainly includes issues regulated by the treaty.
Where the state administration body whose purview mainly includes issues regulated by a treaty deems the initiative from paragraph 1 of this Article justified, it shall submit a proposal to the Government to initiate the procedure for conducting negotiations and conclusion of a treaty.
Should the state administration body referred to in paragraph 2 of this Article deem that the initiative should not be accepted, it shall inform the Government and the applicant of the initiative thereof with the statement of reasons as to why the initiative is not accepted.
Proposal of the Basis for Conducting Negotiations and Conclusion of a Treaty
Article 5
The proposal for initiating the procedure for conducting negotiations and concluding a treaty shall be submitted by a state administration body whose purview mainly includes issues regulated by the treaty, by submitting to the Government a proposal for the basis for conducting negotiations and concluding a treaty (hereinafter: the basis proposal).
The basis proposal should, in particular, contain: the constitutional basis; assessment of the state of relations with the relevant foreign country or international organization; the reasons for which the conclusion of the international agreement is proposed; the basic issues to be included in negotiations, i.e. the essential elements that the international agreement should contain and the proposed positions of the delegation of the Republic of Serbia in relation to such issues; assessment of the need for financial resources for the execution of the international agreement and the method of providing them; the draft of the international agreement, as well as other materials related to the negotiations, the proposal for the composition of the delegation and the budget estimate for the work of the delegation. If a provisional application of a treaty is proposed, the basis proposal shall also contain an explanation of the reasons for the provisional application.
The opinions of state administration bodies responsible for foreign affairs, finance and legislation, as well as state administration bodies whose scope includes certain issues regulated by the treaty, shall be attached to the basis proposal referred to in paragraph 1 of this Article.
Delegation for Conducting Negotiations
Article 6
The government shall determine the basis for conducting negotiations and conclusion of a treaty (hereinafter: the basis) and appoint the delegation for conducting negotiations.
When determining the basis, the government may authorize the head of the delegation of the Republic of Serbia to sign the treaty drawn up in accordance with the basis.
Article 7
The delegation of the Republic of Serbia appointed to negotiate shall not deviate from the positions established in the basis during the negotiations.
If, in the course of the negotiations, the other party does not accept the positions established in the basis or proposes to consider issues on which positions have not been taken in the basis, the delegation of the Republic of Serbia shall request new positions from the Government and, if necessary, postpone the negotiations.
The government shall determine the positions requested by the delegation of the Republic of Serbia in the course of the negotiations, following an urgent procedure.
If, during the negotiations, the text of the treaty is not agreed upon because the positions of the delegation of the Republic of Serbia determined by the basis have not been accepted, the delegation shall state in the report the reasons due to which the treaty has not been agreed upon, and give an opinion and proposals for further negotiations.
Article 8
Exceptionally, upon obtaining the consent of the competent committee of the National Assembly, the Government may authorize the delegation of the Republic of Serbia to accept that the treaty to be ratified as a whole, or in some of its provisions, can be provisionally applied until its entry into force. The procedure for ratifying this treaty must be initiated within 30 days from the date of its signing.
The provisional application of the treaty shall cease should the Republic of Serbia decide not to become a party to that treaty and once it communicates that decision to the other parties among which the treaty provisionally applies, in accordance with the provisions of the treaty itself and generally accepted rules of international law.
Article 9
Upon completion of the negotiations, the delegation of the Republic of Serbia shall submit to the Government a report on the progress of the negotiations and an agreed (initialed) text of the treaty.
Should the Government assess that the agreed upon text of the treaty is in accordance with the established basis, it shall appoint a person to sign it. The power of attorney for signing a treaty shall be issued by the minister in charge of foreign affairs.
In the event that the negotiations have not been successfully completed, the delegation of the Republic of Serbia shall in particular explain in the report the reasons for the failure of negotiations and propose further actions.
Article 10
The delegation of the Republic of Serbia, i.e. the person authorized to sign a treaty shall, within 15 days from the date of signing, deliver the text of the signed treaty, with all documentation, to the ministry in charge of foreign affairs.
III PROCEDURE FOR RATIFICATION OF TREATIES
Preparation of a Law on Ratification of a Treaty
Article 11
In order to initiate a procedure for the ratification of a treaty, a competent body of a state administration shall prepare and submit to the ministry responsible for foreign affairs a draft law on the ratification of a treaty, with a statement of reasons.
Along with the draft law on the ratification of a treaty, opinions of the bodies of state administration responsible for foreign affairs, finance and legislation shall also be provided, as well as of the state administration bodies whose scope includes certain issues regulated by the treaty.
Content of the Law on Ratification of the Treaty
Article 12
The law on ratification shall contain the text of the treaty in Serbian language, i.e. in one of the languages of the original, if it is not the Serbian language, with a translation into the Serbian language, and it may also contain:
1) Reservations, declarations and interpretative statements in relation to the treaty, which are instituted in accordance with the provisions of the treaty itself and the generally accepted rules of international law;
2) Provisions on the appropriation of financial resources necessary for the execution of the treaty;
3) Specifying the body responsible for the implementation of the treaty.
Initiating the Procedure for Ratification of the Treaty
Article 13
The procedure for ratification of the treaty shall be initiated by the ministry in charge of foreign affairs by submitting a draft law on the ratification of the treaty to the Government.
The government shall determine the draft law on the ratification of the treaty and submit it to the National Assembly.
Article 14
The National Assembly shall ratify treaties of a military, political and economic nature, treaties that create financial obligations for the Republic of Serbia, treaties that require the adoption of new laws or amendments to existing ones, and treaties that deviate from existing legal solutions.
Treaties that do not fall under the international agreements referred to in paragraph 1 of this Article shall not be subject to the ratification procedure. The Government shall inform the competent committee of the National Assembly about these international agreements.
Instruments on Ratification of a Treaty
Article 15
The ministry responsible for foreign affairs shall ensure the preparation and exchange of instruments of ratification, the depositing of instruments of ratification of a multilateral treaty, and the executing of other actions provided for by the treaty in connection to notifying the other party to the treaty of the entry into force of the treaty.
Instruments of ratification or accession shall be signed by the minister responsible for foreign affairs.
Publication of the Law on Ratification
Article 16
The law on ratification of a treaty, with the text of that treaty and annexes that form an integral part of the treaty, shall be published in the "Official Herald of the Republic of Serbia - Treaties" within 30 days from the day of its promulgation.
The ministry responsible for foreign affairs shall, in the "Official Herald of the Republic of Serbia - Treaties", publish a notice on the date of entry into force of the treaty.
Entry into force of the Treaty
Article 17
A treaty shall enter into force in accordance with the provisions of the treaty itself and the generally accepted rules of international law.
Conclusion of Treaties at Diplomatic Conferences
Article 18
The provisions of this Law shall apply mutatis mutandis to the procedure for conclusion of treaties at diplomatic conferences, mixed intergovernmental bodies, as well as to the accession of the Republic of Serbia to concluded multilateral treaties.
Conclusion of Special Treaties on Cooperation
Article 19
State administration bodies can conclude special treaties on cooperation (memoranda on cooperation, agreements on cooperation, etc.) with competent bodies of other states.
The proposal of the basis for conducting negotiations and conclusion of treaties referred to in paragraph 1 of this Article shall be prepared in accordance with Article 5, paragraphs 2 and 3 of this Law, provided that it does not have to contain a proposal for the composition of the delegation.
The government shall determine the basis along with the draft of the treaty and authorize a person who shall sign the treaty that is drawn up in accordance with the basis.
The report on the concluded special treaty, with the text of the signed treaty shall be submitted to the Government for the purpose of familiarization.
Publication of Treaties that are not subject to Ratification and of Special Treaties on Cooperation
Article 20
Treaties from Article 14, paragraph 2 of this Law shall be published in the "Official Herald of the Republic of Serbia - Treaties" within 30 days from the date of their signing.
Special treaties from Article 19 of this Law shall be published in the "Official Herald of the Republic of Serbia - Treaties" within 30 days from the date of their signing.
The publication of treaties referred to in paragraph 1 of this Article shall be in the care of the ministry responsible for foreign affairs, while the publication of special treaties referred to in paragraph 2 of this Article shall be in the care of the competent state administration body that concluded that treaty.
Article 21
Original copies of signed treaties and other international legal acts shall be recorded and filed by the ministry responsible for foreign affairs.
Other International Legal Acts
Article 22
Protocols, minutes and other international legal acts referred to in Article 2, paragraph 2 of this Law shall be submitted to the Government for the purpose of familiarization.
Rules Applicable to the Execution of Treaties
Article 23
Treaties shall be executed in good faith, in accordance with the provisions of the treaty itself, the generally accepted rules of international law and the provisions of this Law.
Jurisdiction for Execution of Treaties
Article 24
The Government shall ensure the execution of treaties through the competent bodies of the state administration.
Treaties that create obligations for the Republic of Serbia shall be executed by the state administration bodies whose scope includes issues regulated by such treaties.
The Government can be authorized by the law on ratification of a multilateral treaty to accept amendments and additions to technical regulations adopted on the basis of a treaty.
The Government, at the proposal of the competent state administration body whose purview mainly includes issues regulated by the treaty, shall decide on the publication of amendments and additions to the technical regulations from paragraph 3 of this Article in the "Official Herald of the Republic of Serbia - Treaties".
The publication of amendments and additions to technical regulations shall be ensured by the state administration body whose purview mainly includes issues regulated by the treaty on the basis of which the technical regulations were adopted.
Monitoring and Reporting on Execution of Treaties
Article 25
Competent state administration bodies shall monitor the execution of treaties and inform the Government thereof.
The Government shall inform the National Assembly about the execution of treaties ratified by the National Assembly.
VI AMENDMENTS TO AND TERMINATION OF TREATIES
Article 26
A treaty may be amended in accordance with the provisions of the treaty itself and the generally accepted rules of international law.
The provisions of this Law relating to the conclusion of the treaty shall be applied mutatis mutandis to the procedure for amending the treaty.
Withdrawal of Reservations and Withdrawal or Modification of Declarations and Interpretative Statements
Article 27
Withdrawal of reservations and withdrawal or modification of declarations and interpretative statements shall be carried out in accordance with the provisions of the treaty itself and generally accepted rules of international law.
The procedure for conclusion of treaties shall be applied mutatis mutandis to the withdrawal of reservations and the withdrawal or modification of declarations and interpretative statements.
The National Assembly may authorize the Government to withdraw or modify the declarations or interpretative statements by the law on ratification of the treaty.
The withdrawal of the reservation and the withdrawal or modification of the declaration and interpretative statement shall be published in the "Official Herald of the Republic of Serbia - Treaties".
The ministry responsible for foreign affairs shall ensure the publication of the withdrawal of reservations or modifications to declarations and interpretive statements referred to in paragraph 4 of this Article.
Termination of Validity of a Treaty
Article 28
A treaty shall terminate in accordance with the provisions of the treaty itself and the generally accepted rules of international law.
The provisions of this Law relating to the conclusion of a treaty shall be applied mutatis mutandis to the procedure for termination of validity of a treaty, initiated by the Republic of Serbia.
The Government, at the proposal of the ministry responsible for foreign affairs, shall decide on the publication of the termination of the validity of a treaty in the "Official Herald of the Republic of Serbia - Treaties".
The ministry responsible for foreign affairs shall ensure the publication of the termination of the validity of the treaty referred to in paragraph 3 of this Article.
Termination of Validity of Previous Legislation
Article 29
On the date this Law enters into force, the Law on Conclusion and Execution of Treaties ("Official Gazette of the SFRY", No. 55/78 and 47/89 - CCY) shall be repealed.
Article 30
This Law shall enter into force on the eighth day following the date of publication in the "Official Herald of the Republic of Serbia".