The 7th Subcommittee meeting on Internal Market and Competition (including Public Health and Consumer Protection) between the EU and Bosnia and Herzegovina (BiH) took place on 29 February 2024 in a hybrid way. Representatives from the European Commission (Commission) discussed with relevant BiH authorities the most recent developments in these areas. The meeting was co-chaired for the EU by Ms Barbara Jésus-Gimeno for the Directorate General for Neighbourhood and Enlargement Negotiations of the European Commission, and for BiH by Ms Brankica Pandurević from the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina.
In the area of competition policy, the Commission emphasized the need to improve the functioning and decision-making process of the competition and State aid authorities. In this respect, the Commission enquired about steps taken to abolish the “ethnic veto” and to start drafting the new Law on Competition and further align implementing legislation on State aid with the EU acquis. Both competition and State aid authorities need to build a convincing enforcement record.
The Commission welcomed that the Public Procurement strategy and action plan are under adoption. The Commission looked forward to the adoption of a new Law on Public procurement aligned with the EU acquis. The Commission also encouraged the BiH authorities to further increase administrative capacity in PPA and PRB and further improve coordination and enforcement of the PP process.
Regarding the right of establishment and the freedom to provide services, the Commission highlighted in particular expected alignment with the EU Services Directive. Further alignment is also required on postal services and on mutual recognition of professional qualifications. Bosnia and Herzegovina was encouraged to identify and remove barriers to the right of establishment and freedom to provide services for businesses to operate in a single economic space.
In the area of intellectual property rights, the Commission welcomed some further alignment with the EU acquis on copyright and related rights and on industrial property rights. The Commission encouraged further efforts on legislative alignment, implementation and on improving enforcement and coordination.
In the area of financial services, the Commission welcomed the cooperation and coordination among the competent authorities, but urged the authorities to sign without further delay the Memorandum of Understanding on Financial Stability and to restore the operations of the Securities Commission in the Federation entity.
The Commission also highlighted the need for further efforts to align with the EU acquis on company law, on accounting and on non-financial reporting. Bosnia and Herzegovina was advised to simplify and harmonise the requirements for companies to register and operate country-wide. It was noted that there remains no single country-wide authority for the oversight of statutory auditors.
On health protection, the Commission stressed that further efforts were needed to improve equal access to health care, develop and implement tobacco control legislation countrywide. The Commission also advised Bosnia and Herzegovina to strengthen state level coordination and cooperation of health authorities in the area of policy planning, in particular in the field of substances of human origin.
On consumer protection, the Commission reiterated that the state-level law on consumer protection, which was adopted in 2006, needs to be aligned with the latest EU acquis to address rapidly changing developments in this area, including on digital markets and to address the risk of unequal protection of consumers in the entities. Similarly, the legal framework for consumer credit and distance marketing of financial services is not aligned with the EU acquis.
