The Concessions Commission of Bosnia and Herzegovina (hereinafter: the Commission) is an independent regulatory body established by the Law on Concessions of Bosnia and Herzegovina.
The primary task of the Commission is to ensure clear, transparent, and non-discriminatory procedures, prescribed by the Law and secondary legislation, which are implemented during the awarding of concessions.
Competence for the awarding of concessions in sectors that are under the jurisdiction of BiH according to the BiH Constitution and Laws, and in the case of representing the international subjectivity of BiH, as well as when the concession good extends to both entities, lies with the Council of Ministers of BiH which adopts decisions on the award of concessions, and these are confirmed by the Parliamentary Assembly of BiH. – Article 4 of the Law on Concessions of Bosnia and Herzegovina (“Official Gazette of BiH” no. 32/02 and 56/04).
Competencies of the Commission
The Commission performs regulatory activities in the capacity of the Concessions Commission of BiH and in the capacity of the Joint Concessions Commission of BiH.
Regulatory activities in the capacity of the Concessions Commission of Bosnia and Herzegovina relate to the awarding of concessions that are under the exclusive jurisdiction of Bosnia and Herzegovina (hereinafter: BiH). These are cases where concession projects are in sectors that are under the jurisdiction of Bosnia and Herzegovina according to the Constitution and laws of BiH, or in the case of representing the international subjectivity of BiH.
The Commission acts in the capacity of the Joint Concessions Commission of Bosnia and Herzegovina when the concession good extends to both the Federation of Bosnia and Herzegovina and the Republika Srpska or Brčko District.
In the function of the Joint Commission, disputed issues that arise in connection with the awarding of concessions in Bosnia and Herzegovina between the entities and/or between the entities and the state level of government are also resolved.
As a regulatory body, the Commission approves economic justification studies for every project planned to be granted as a concession. When the awarding of a concession via a public call for bids is envisaged, the Commission approves the tender conditions issued by the competent ministry. When a concession is awarded via a self-initiated offer, the Commission authorizes the competent ministry to conduct negotiations with the bidder.
A Concession Agreement cannot be concluded without the prior consent of the Commission, except if it is the conclusion of an agreement with international financial institutions.
The BiH Concessions Commission conducts control and supervision of the concessionaire’s work.
The Law stipulates that the Commission monitors the work of the concessionaire for the entire duration of the concession contract, approves the deadlines and conditions of the standard contract for providing services to consumers, and considers consumer complaints.
The Commission adopts the “Policy Paper on Concession Granting in Bosnia and Herzegovina” and monitors the implementation of the Document. The Policy Document was adopted in 2006 and approved by the Council of Ministers of BiH as well as by the Parliamentary Assembly of Bosnia and Herzegovina.