09/19/2009 OHR Brcko

Brcko Supervisor issues Supervisory Order regulating the status of all electric power transmission lines and facilities situated in the Brcko District

Brcko Supervisor Dr. Raffi Gregorianhasissued today a Supervisory Order which in case of any action intended to have the effect of dissolving, liquidating, or incapacitating Elektroprijenos BiH as a legal entity, the property of that company situated in the Brcko District will continue to belong only to Elektroprijenos BiH, unless that company ceases to exist as a legal person.  In such a situation, the property of Elektroprijenos BiH in Brcko District will be automatically considered as property of the Brcko District as per the Final Arbitral Award, the Annex to the Final Arbitral Award, and the Constitution of Bosnia and Herzegovina.  It specifically means that no entity or entity company may claim this property or use it outside the scope of BiH Law.

This Order is in line with Paragraph 12 of the Annex to the Final Award of the Arbitral Tribunal dated August 18, 1999, which states that no public property in the District may be disposed of except in accordance with BiH law and with the approval of the Supervisor.  When it comes to the power lines located within the District, this requirement was further underscored in the Agreement on the Implementation of the Entity Obligation from the Final Arbitration Award for Brcko on Providing Electricity dated September 25, 2001.

The Brcko Supervisor decided to issue the Order because he is seriously concerned about ongoing blockades in the functioning of Elektroprijenos BiH, for which clear indications exist that those responsible for the blockades intend to unlawfully alter the status and operations of the company.  He has therefore issued his Order to dispel any misconceptions that may exist with regard to the ultimate ownership of Elektroprijenos BiH property located in Brcko District, even after the end of Supervision.