The legal framework of concessions in the Republic of Srpska

The legal framework of concessions in the Republic of Srpska

Legal Regulations

  • Law on Concessions (“Official Gazette of Republic of Srpska”, No. 59/13, 16/18 and 70/20);
  • Law on Concessions (“Official Gazette of Republic of Srpska”, No. 25/02, 91/06 and 92/09),

which ceased to be effective after the Law on Concessions (“Official Gazette of Republic of Srpska”, No. 59/13, 16/18 and 70/20) became effective.

The valid Law on Concessions was adopted at the 28th session of the National Assembly of Republic of Srpska and published in the “Official Gazette of Republic of Srpska”, No. 59/13, on July 15th 2013. and became effective on July 23rd 2013.

The Law on Changes and Amendments to the Law on Concessions was adopted at the 23rd Session of the National Assembly of Republic of Srpska and published in the “Official Gazette of Republic of Srpska”, No. 16/18, on February 23rd 2018. and became effective on March 3rd 2018.

The Law on Changes and Amendments to the Law on Concessions was adopted at the 10th Session of the National Assembly of Republic of Srpska and published in the “Official Gazette of Republic of Srpska”, No. 70/20, on July 16th 2020. and became effective on July 24th 2020.

Application of other Laws in the process of granting concessions
  • Law on Foreign Investments (“Official Gazette of Republic of Srpska”, No. 21/18). The application of the said Law by the Concession Commission of Republic of Srpska refers to provisions on the rights and obligations of foreign investors when it comes to concessions;
  • Law on Foreign Investments of Republic of Srpska (“Official Gazette of Republic of Srpska”, No. 25/02, 24/04, 52/11 and 68/13), which ceased to be effective after the Law on Foreign Investments, (No. 21/18) became effective;
  • Law on Foreign Investments and Concessions (“Official Gazette of Republic of Srpska”, No. 21/96 and 5/99), which ceased to be effective after the Law on Foreign Investments (“Official Gazette of Republic of Srpska”, No. 25/02 , 24/04, 52/11 and 68/13) became effective;
  • The Law on General Administrative Procedure of Republic of Srpska (“Official Gazette of Republic of Srpska”, No: 13/02, 87/07, 50/10 and 66/18), as a procedural law, is applied by the Concession Commission of Republic of Srpska in decision making in accordance with Article 57 of the Concessions Law.
  • The Law on Public Procurement of Bosnia and Herzegovina (“Official Gazette of Republic of Srpska, No. 39/14) in the part of conducting the procedure by public invitation, including the opening of tenders, etc., and in the part that is not regulated by the Concessions Law and other special laws.

Other positive regulations of Republic of Srpska

While implementing its tasks, the Commission also applies other positive regulations of Republic of Srpska, and in accordance with its jurisdictions, as follows:

  • Labor Law;
  • Law on Inspections in Republic of Srpska;
  • Law on Freedom of Access to Information of Republic of Srpska;
  • Law on Local Self-Government;
  • Law on the Attorney General’s Office of Republic of Srpska;
  • Law on the Budget System of Republic of Srpska;
  • Law on Republic Day;
  • Law on Verification of Signatures, Manuscripts and Transcripts;
  • Law on Stamps;
  • Law on Direct Foreign Investment Policy in Bosnia and Herzegovina;
  • Law on Holidays;
  • Law on Accounting and Auditing of Republic of Srpska;
  • Law on Territorial Organization of Republic of Srpska;
  • Law on Administrative Inspection;
  • Law on Spatial Arrangement and Construction;
  • Treasury Law;
  • Environment Protection Law;
  • Law on Government of Republic of Srpska;
  • Law on Expropriation;
  • Real Rights Law;
  • Securities Market Law;
  • Law on Craft – Entrepreneurial Activity;
  • Law on Public Enterprises;
  • Public Roads Law;
  • National Parks Law;
  • Law on Telecommunications;
  • Law on Communal Activities;
  • Air Protection Law;
  • Water Law;
  • Waste Management Law;
  • Law on Tourism;
  • Public Ski Resorts Law;
  • Hospitality Law;
  • Agricultural Land Law;
  • Law on Monuments and Memorials of the Liberation Wars;
  • Companies Law;
  • Law on Public-Private Partnership in Republic of Srpska;
  • Law on Fishery;
  • Electricity Law;
  • Energetics Law;
  • Healing Resorts Law;
  • Hunting Law;
  • Games of Chance Law;
  • Law on Road Transport;
  • Law on Cultural Property;
  • Forest Law;
  • Law on Renewable Energy Sources and Efficient Cogeneration;
  • Mining Law;
  • Geological Research Law;
  • Gas Law.

The effective implementation of the Law on Concessions depends on the mentioned material regulations (and other relevant regulations) which are regulating the specific areas that may be the subject of concessions. This interdependence is reflected in the degree of standardization of the areas that may be the subject of concessions, so it is unambiguously stipulated that certain goods (general, public, natural) may be granted through a concession procedure, i.e. concession contract.

By – law Acts

The Commission implements jobs within its jurisdiction on the basis of the Law of Republic of Srpska and Bosnia and Herzegovina, as well as the by-law acts it has brought within its jurisdiction, as well as by-law acts (rule book, instructions) of other competent authorities and bodies of the Republic (Government, ministries, agencies).

  • Rule book on Internal Organization and Systematisation of Jobs in the Concession Commission of Republic of Srpska (“Official Gazette of Republic of Srpska” No. 77/04 and 103/14);
  • Rule book on salaries (“Official Gazette of Republic of Srpska”, No. 79/08);
  • Instruction for assessing the existence of a public interest in a self-initiated offer (“Official Gazette of Republic of Srpska” No. 103/05);
  • Rule book on the Procedure of Assignment of Concession Contracts and change of ownership structure of Concessionaires, (“Official Gazette of Republic of Srpska”, No. 65/14 and 61/17);
  • Rule book on the content and way of managing the Register of Concessions Contracts (“Official Gazette of Republic of Srpska, No. 65/14).

In addition to the mentioned above, the Commission in its work also applies other by-law acts which are arranging the organization, scope of work of the Commission, conduct of proceedings, actions of the Commission in cases within its jurisdiction, such as:

  • Rules of Work of the Commission;
  • Rule book on Public Procurement;
  • Rule book on direct agreement procedure;
  • Rule book on the way of listing and adjusting the bookkeeping with the actual state of assets and liabilities;
  • Rule book on reimbursement of transportation expenses on arrival and return from work;
  • Rule book on Accounting and Accounting Policies of the Commission;
  • Rule book on internal control procedures in the Commission;
  • Rule book on conditions and way of use, management, maintenance and registration of official motor vehicles;
  • Code of Ethics for members and employees of the Commission;
  • Rule book on the procedure for opening tenders;
  • Rule book on the use of means of representation;
  • Rule book on business travel allowances in-country and abroad for Commission staff.

Contact

  • Save Mrkalja 16
    78 000 Banja Luka, BA
  • komisija@koncesije-rs.org
  • +387 51 490-890
  • +387 51 490-481