In the process of granting concessions and controlling the performance of the concession activity, in accordance with the concession contract, and even the termination of the concession contract, concession law gives a significant role to Concession Commission of the Republic of Srpska.
Concession Commission of the Republic of Srpska was established by the concession law from 2002 and started working after the appointment of the first Commission convocation at the National Assembly of the Republic of Srpska session held on January 23rd 2004.
Concession Commission of the Republic of Srpska is defined as a permanent and independent regulatory body with the characteristics of a legal entity and with the rights and obligations set out in the Concession Law.
Within its competencies, Concession Commission of the Republic of Srpska promotes economic and other possibilities for investments through concessions, in order to meet public needs and economic development, by involving the private sector in financing, projecting, constructing or renovating, maintaining or managing the operation of infrastructural facilities and devices, provision of services and the exploitation of natural resources and facilities that serve for their exploitation, while taking care of the protection of economic and social interests, the protection of space, population and the environment.
Concession Commission of the Republic of Srpska has five members that are prominent experts in the fields of law, economics, technical and other relevant professions. Members of the Commission are appointed by the National Assembly of the Republic of Srpska upon a proposal by the Government of the Republic of Srpska, following a public competition. Members of the Concession Commission of the Republic of Srpska are appointed for a period of five years and may be appointed for another term. Concession Commission of the Republic of Srpska headquarters is in Banja Luka. Concession Commission of the Republic of Srpska may also hold its sessions outside its headquarters.
Members of the Concession Commission of the Republic of Srpska are:
Within its jurisdiction, Concession Commission of the Republic of Srpska does the following: a) prepares the Policy Document and suggests its adoption in the National Assembly of the Republic of Srpska, b) monitors the Policy Document implementation, v) gives consent on the economic feasibility study, g) gives consent on the tender documentation, d) suggests a solution proposition on the selection of the most favorable bidder and award of the concession, đ) opens and evaluates received bids on the public invitation for the award of the concession, e) gives consent on the Concession Contract proposal and the Concession Contract Annex, ž) approves deadlines and terms and conditions of a standard public services contract for users, z) checks the entire concessioners’ work in accordance with the Concession Contract, including in particular continuous provision of services to users, quality of services, application of tariffs and other terms and conditions of the contract, i) decides on complaints made by users of services, regarding the amount of compensation and other conditions under which the concessionaire provides public services, unless it does not fall under the jurisdiction of another body by a particular law, j) gives consent on give way of the Concession Contract and change of concessionaires’ ownership structure, k) gives prior consent to the establishment of a lien for the benefit of a financial organization, l) maintains a register of Concession Contracts and lj) decides on other requests, in accordance with the jurisdictions established by the Concessions Law.
As a regulatory body, Concession Commission of the Republic of Srpska has the function of monitoring the situation in the field of concessions, as well as the implementation of legal and other regulations, and also suggests measures and standards for the improvement of both concession relations and legislations that are regulating concession relations.
Concession Commission submits a report on its work and a financial report for the previous year to the National Assembly of the Republic of Srpska no later than April 30th of the current year.