Independent System Operator in Bosnia and Herzegovina

Independent System Operator in Bosnia and Herzegovina GUIDE FOR INFORMATION ACCESS OF THE INDEPENDENT SYSTEM OPERATOR IN BOSNIA AND HERZEGOVINA Independent system operator in Bosnia and Herzegovina Hamdije Čemerlića 2. Sarajevo Tel: + 387 33 276 540; Fax: + 387 33 276 541 1

Pursuant to Article 33 Law of Establishing Independent System Operator for the transmission system in Bosnia and Herzegovina (Official Gazette BH 35/4) Article 20 Law of Free Access of Information in Bosnia and Herzegovina (Official Gazette BH 28/00 I 15/06), Decisions related to expenses of multiple requests of information was accepted by the Law of Free Access of Information in Bosnia and Herzegovina (Official Gazette BH 12/01), related to the implementation 3.18. Temporary license for the activity of ISO BH, accompanied by earlier acceptance by the Management Board of ISO BH and as well as Government regulatory commissions for electric energy, passed the: GUIDE For information access of the Independent System Operator in Bosnia and Herzegovina GENERAL I To all entities (legal and physical), in accordance with the Law of Free Access of Information in Bosnia and Herzegovina, the access of information has been enabled which proposes Independent System Operator in Bosnia and Herzegovina (hereinafter ISO BH), which is contained in the Index information registration is attached. ISO BH will not question the justification of the requests in respect to the free access of information nor request explanation. II The head office of ISO BH in is Sarajevo, Street number 2 Hamdije Čemerlića, telephone +387 33 276 540, fax +387 33 276 541. The authorized information official is Nebojsa Dimitrijevic, telephone +387 33 276 556. This guide can be obtained free of charge from ISO BH and can be found the internet, www.nosbih.ba. INFORMATION ACCESS III The right to request information needs to be in writing. The request needs to contain sufficient amount of information about the nature and content of the information which is sought. The request needs to contain the name and surname of the applicant, address and telephone/fax number or e-mail address. The request can be handed in at ISO BH, or it can be sent through regular mail to the address 2 Hamdije Čemerlića, Sarajevo or it can be faxed. 2

If the request is related to general information, the request for access of information has to be lodged by the physical person itself who is the applicant or by its legal attorney. A persons from a previous states need to prove their identity with an Identification Card or with other forms of identification which include a photograph of the person. The legal attorney is required to have a power of attorney along with the copy of the applicants request. IV When the Managing Director approves of the access of information, entirely or partially, the authorized information officer will inform the applicant of the result in relation to: The possibility of general information access in the offices of ISO BH while the information is shorter hen 10 pages the applicants request will be provided in writing The possibility of multiple information, if longer then 10 pages, requires in advance payment. Payment of the fees, for multiplication of information of more then 10 pages, can be made on the ISO BH s bank account; Raiffeisen Bank d.d. BH; account number: 1610000004670076 amount of 0,50 per page, respectively, 10,00 KM per disk. LIMITED RIGHT TO INFORMATION ACCESS V Right to information access is restricted in cases such as: Protection of interest and public place security; Prevention or detection of crime; Protection of the proceeding brought by ISO BH, including expression of opinion, advice or recommendation, if in question an employee of ISO BH, or other person who through work is related to ISO BH; therewith it covers data, statistics, knowledge or technical information. If argumentative approval of the request for access of information includes confidential commercial interest of a third party, the third party will without delay be informed in writing of the individual request as well as be warned that the requested information will be provided within the period of 15 days from the day of receipt of this notification in writing and if no response is obtained, along with stated arguments if in the case of its reporting how it would cause damage. Upon receipt of the answer, the Managing Director will confirm if it is an essential exception of reporting the requested information. Managing Director decides exceptions from reporting requested information, in case of confirming that the information may damage personal interest, respectively, personal interest of the third party. 3

For every decision, the Managing Director from the previous state also requires agreement with members of the Board. VI ISO BH will report the requested information, without regard to exceptions confirmed by the Law, if the matter is justified by public interest. Alongside it is taken into consideration the benefit and detriment which can arise if the information was released. Upon decision making if the reported information is justified by public interest, the Managing Director and members of the Board will consider the circumstances, in particular: disrespect of the Laws obligations, existence of an approach, injustice, hazard of ownership or negligence in completing required responsibilities, unauthorized use of pubic funds, harm of health, individual security and publicly or environmentally. If it is confirmed that it is in the public interest to report the requested information which the Managing Director and the members of the Board confirmed to be an exception, in relation to confidential commercial information or exception for protection of privacy, the Managing Director will inform the third party that the information will be reported upon the expiry of day 15 from the day of the agreement of the decision. Complains related to the conclusion can be made within the period of 15 days, and there is further the right to refer to the Ombudsman in Bosnia and Herzegovina. VII Incase that the authorized information official rejects the admission of information based on that conclusion the applicant requesting the information will be notified, citation of the law based on the status of exception of information which include all material queries related to the conclusion as well as the public interest and the time frame in which complaints can be regarding the decision to the Managing Director, as well as instruction in regard directing complaints to the Ombudsman of Bosnia and Herzegovina. VIII Decisions from article IV and VII are accompanied by requests the latest within the period of 8 days day to day undertaking of that request, except in circumstances when it is required to obtain in advance declaration from third parties related to reporting, reliable commercial information, respectively, information which related to privacy of the third person. COMPETENCE QUERIES FOR PROCEDURE IX Request for access of information is submitted to the responsible department whose competence is to be expected. If ISO BH decides that it is not competent for procedure of requests for access of information, respectively, confirms that it is not releasing the requested information or if the requested information is in control by other public authority by whose free access is 4

required from that authority, without delay, at the latest within the period of 3 days the request will be forwarded to the authority and will be informed in writing of the request. X If ISO BH cannot confirm the sitting of the other public authority, while in possession of the information, then ISO BH will resolve the admission of the request of access of information if it were competent. XI If ISO BH does not possess the requested information (does not have control of it) and cannot confirm which authority is competent, or cannot confirm the session of that authority, the applicant will be informed within 8 days of the reasons why the request cannot be satisfied. XII If the applicant is not satisfied with the response and the approach of the information being provided under the control of ISO BH, the applicant can submit a petition or complaint to the Managing Director, who will within 10 days from the day of receipt of the petition or complain make a decision. XIII In all cases if the applicant requesting access of information believes that its rights under the Law are denied for free access of information from ISO BH, can refer to the Ombudsmen s Office of Bosnia and Herzegovina in Sarajevo. XIV Herewith the rights and obligations of the physical and legal entities are not restricted referring to the information access pursuant to the Law of public procedure and other specific regulations. Number: 2398/06 Date: 11.10.2006. Managing Director Omer Hadzic, BEng.E. 5