Decision on Amendments and Supplements to the Decision on the Central Credit Register of Business Entities and Natural Persons in Bosnia and Herzegovina

Based on Article 2, paragraph (3), item i), Article 7, paragraph (1), item b), and Articles 59 and 70 of the Law on the Central Bank of Bosnia and Herzegovina ("Official Gazette of BiH", 1/97, 29/02, 13/03, 14/03, 9/05, 76/06 and 32/07) and Article 6, paragraph (1), items a) and d) of the Law on the Protection of Personal Data ("Official Gazette of BiH", 49/06, 76/11 and 89/11), the Governing Board of the Central Bank of Bosnia and Herzegovina, at its 15th meeting held on November 26, 2021, adopts

Decision on Amendments and Supplements to the Decision on the Central Credit Register of Business Entities and Natural Persons in Bosnia and Herzegovina

Article 1.
In the Decision on the Central Credit Register of Business Entities and Natural Persons in Bosnia and Herzegovina ("Official Gazette of BiH", 44/19), in Article 4, point 37, after the word "banks", the punctuation mark period is replaced with the punctuation mark comma, and after point 37, a new point 38 is added, which reads:
"38.
Number of days of delay
– the number of days of delay calculated in accordance with the regulations of the competent entity banking agency is entered."

Article 2.
In Article 5, point 35, after the word "banks", the punctuation mark period is replaced with the punctuation mark comma, and after point 35, a new point 36 is added, which reads:
"36.
Number of days of delay
– the number of days of delay calculated in accordance with the regulations of the competent entity banking agency is entered."

Article 3.
(1) In Article 7, after paragraph (4), new paragraphs (5), (6) and (7) are added, which read:
"(5) Upon a written request of a participant in the register or in the case of inactivity of a participant, the Central Bank will make appropriate changes in the Central Credit Register so that the active liabilities that such participant submitted to the Central Credit Register change their activity status and are closed. The reason for closure in this case will be indicator 5 – inactive participant in the register from Article 4, point 33 and Article 5, point 31 of this Decision. Other information about the liability will remain unchanged. (6) The Central Bank will deny a participant in the register the right to access data from the Central Credit Register after receiving a written request from the participant or after establishing the inactivity of the participant. (7) The term inactive participant refers to a participant who has not updated data in the register in the manner determined in Article 6, paragraph (1) of the Decision, for a period of at least 12 months."

Article 4.
(1) In Article 9, paragraph (1), item b) is changed and reads:
"b) participants in the register from Article 3, point c) of this Decision, except for entities that are not under the jurisdiction of entity banking agencies," (2) In paragraph (1), in item c), after the word "public prosecutor's office,", the words "notaries in their capacity as court commissioners for the purpose of conducting inheritance proceedings," are added. (3) In paragraph (2), the word "exclusively" is deleted. (4) In paragraph (3), after the words "Participants in the register", the words: "from paragraph (1), item b) of this Article," are added. (5) Paragraph (4) is changed and reads:
"(4) Written consent of a business entity must be hand-signed by an authorized person and certified with the seal of that business entity or signed with an electronic signature in accordance with the regulation governing the area of electronic signatures in BiH, while written consent of a natural person must be hand-signed by that natural person and must contain the number of their identification document and the name of the authority that issued it or signed with an electronic signature in accordance with the regulation governing the area of electronic signatures in BiH.

Article 5.
In Article 10, paragraph (5) is changed and reads:
"(5) A written request of a business entity must be hand-signed by an authorized person and certified with the seal of that business entity or signed with an electronic signature in accordance with the regulation governing the area of electronic signatures in BiH, while a written request of a natural person must be hand-signed by that natural person and must contain the number of their identification document and the name of the authority that issued it or signed with an electronic signature in accordance with the regulation governing the area of electronic signatures in BiH."

Article 6.
Article 15 is changed and reads:
"Article 15.
(1) Based on a written request from the data subject whose personal data is collected and submitted to the Central Credit Register, the Central Bank will access the data in the Central Credit Register and provide the requester with a notification on the processing of their personal data, in accordance with the regulation governing the area of protection of personal data in BiH. (2) The data subject whose personal data is collected and submitted to the Central Credit Register may submit the written request from paragraph (1) of this Article in person at the protocol office of the Central Bank or send it by mail to the address of the Central Bank."

Article 7.
(1) This Decision enters into force on the eighth day from the day of its publication in the "Official Gazette of BiH", and will be applied from January 17, 2022.
(2) This Decision will be published in the "Official Gazette of the Federation of BiH", "Official Gazette of the Republic of Srpska" and "Official Gazette of the Brčko District of BiH".

Number: UV-122-01-1-2221-10/21 NG Presiding Officer Sarajevo, November 26, 2021. Governing Board of the Central Bank of Bosnia and Herzegovina GOVERNOR dr. Senad Softić