Bosnia and Herzegovina, Concession for “Buk Bijela” awarded legally

, SEE Energy News

The already started investment, for which the foundation stone was laid by the Prime Ministers of Serbia and Srpska in May last year, was questioned by political parties from Sarajevo.

The concession of the RS Government for the construction of HPP “Buk Bijela” was granted in accordance with the Law on Concessions and the dispute for the construction of that energy plant does not exist, that is the conclusion reached by six members of the BiH Concessions Commission. They will submit their position in the form of an opinion to the Constitutional Court of Bosnia and Herzegovina, which previously asked the commission for clarification on the joint investment of Serbia and Republika Srpska.

The already started investment, for which the foundation stone was laid by the Prime Ministers of Serbia and Srpska in May last year, was questioned by political parties from Sarajevo, complaining to the Constitutional Court of Bosnia and Herzegovina about “attacks on the sovereignty of Bosnia and Herzegovina”. Although in Banja Luka they were convinced that this concession, like many before it – as well as hundreds of them that were issued in the neighboring entity – was granted legally and in accordance with the entity’s competence in the field of energy, the Constitutional Court nevertheless decided to partially satisfy the Bosniak requests, so he requested the opinion of the BiH Concessions Commission.

The delay in adopting the position of that commission occurred because one of the members (Mensur Šehagić) informed the other members in February, and then again in May, that he could not participate in the work due to illness, but in the meantime decided to question the legitimacy of the commission itself. commissions. Šehagić did not even attend the last session of the commission, which was held on Wednesday, so due to the lack of a quorum, no decision was made, but the remaining six members of the commission concluded that everything was in order and was done according to the laws on concessions and that there was no dispute.

“We didn’t have a quorum and we didn’t pass an act, so we agreed to give the information to the Constitutional Court.” Six members signed a statement regarding our work, our opinion on that dispute,” said Milomir Amović, chairman of the BiH Concessions Commission, and clarified that they believe there is no dispute in that investment.

24 members of the Parliamentary Assembly of BiH submitted a request for an assessment of the constitutionality of the issuance of concessions for the construction of hydropower plants on the Drina to the Constitutional Court of BiH. The Constitutional Court asked the Commission for Concessions to clarify the issue of competence for concessions and the field of energy, which according to the Constitution of BiH and the Constitution of the RS belongs to the entities. The first deadline was passed, and the new deadline expires at the end of this month.

“We worked as part of what was prescribed by the law on concessions of Bosnia and Herzegovina and RS.” We worked to see if there could be a dispute regarding the issue of shared jurisdiction, joint jurisdiction and the international legal subjectivity of BiH. There are none of those three cases here. There is no shared jurisdiction between Bosnia and Herzegovina and the entities. The site where the hydroelectric plants will be built is not on an inter-entity line that would require shared jurisdiction. The procedures for concluding the contract and the contract do not have the character of an international agreement, where the international legal subjectivity of BiH would be sought. Therefore, this concession contract could be signed by the Government of RS”, Amović conveyed the position and statement of six members of the Commission for Concessions. He expects the Constitutional Court to make a decision based on their opinion, and he especially notes that “it should have done it immediately”. However, the former high representative in Bosnia and Herzegovina, Valentin Incko, decided to side with those who oppose the construction of hydroelectric plants “Buk Bijela”, and then “Foča” and “Paunica” on the Drina river. “The projects ‘Buk Bijela’ and the airport in Trebinje are being blocked only because they are being done on the territory of Srpska,” said the Chairman of the BiH Council of Ministers, Zoran Tegeltija, and reminded that Serbian property is guaranteed by the Dayton Agreement.

SDA leader Bakir Izetbegović announced at the time that he would try to challenge the construction of the “Upper Horizons” system, that is, the started energy projects in Herzegovina. In addition to “Buk Bijela”, it is planned to jointly build the hydropower plants “Foča” and Paunci”, all on the territory of the RS.

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