The subject of the Public Competition/Call is the distribution and allocation of 2000 permits/month to companies from Bosnia and Herzegovina in the detachment 2022/2023 year according to the conditions and criteria of this Public Competition/Call.

1.     GENERAL DISTRIBUTION INTO QUOTAS AND SUB-QUOTAS BY ACTIVITIES AND PARTICIPANTS
1.1.    The total quota of 2000 permits/month is distributed by activity (according to the German nomenclature) as follows:

1.1.1.    790 permits/month for the construction sector (code 60)
1.1.2.    470 permits/month for the insulation sector (code 70)
1.1.3.    740 permits/month for other activities (assembly, mining and other activities, in accordance with the Interstate Agreement – codes 10, 40, 50 and 61)

1.2.    The total quota from point 1.1. is distributed into sub-quotas by entities and a special sub-quota as follows:

1.2.1.    1059 permits/month for distribution in the Federation of BiH, namely:
1.2.1.1.    418 permits/month for the construction sector (code 60)
1.2.1.2.    250 permits/month for the insulation sector (code 70)
1.2.1.3.    391 permits/month for other activities (codes 10, 40, 50 and 61)

1.2.2.    529 permits/month for distribution in the Republika Srpska, namely:
1.2.2.1.    208 permits/month for the construction sector (code 60)
1.2.2.2.    124 permits/month for the insulation sector (code 70)
1.2.2.3.    197 permits/month for other activities (codes 10, 40, 50 and 61)

1.2.3.     412 permits/month of the special quota for distribution, namely:
1.2.3.1.    164 permits/month for the construction sector (code 60)
1.2.3.2.    96 permits/month for the insulation sector (code 70)
1.2.3.3.    152 permits/month for other activities (codes 10, 40, 50 and 61)

The quota of 412 permits/month from point 1.2.3. is distributed in the ratio of 2/3 for companies from the Federation of BiH and 1/3 for companies from the RS with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.

2. RIGHT TO PARTICIPATE IN THE COMPETITION
The right to participate in the Public Competition/Call is granted to companies in the construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70 – according to German regulations) that meet the following general conditions:

a.    For the sub-quota from point 1.2.1. – companies in the construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered for carrying out works abroad and whose main activity in BiH is this, with business headquarters in the territory of the Federation of BiH.
b.    For the sub-quota from point 1.2.2. – companies in the construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered for carrying out works abroad and whose main activity in BiH is this, with business headquarters in the territory of the RS
c.    For the sub-quota from point 1.2.3. – companies in the construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) that are registered for carrying out works abroad and whose main activity in BiH is this, with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.

Note:
Companies that already use detachments in the FR Germany or have previously approved contracts for implementation in 2022/2023 and the following detachment years are also required to apply to the Public Competition/Call.
Failure to apply to the Public Competition/Call entails the withdrawal of the previously obtained quota under approved contracts from previous allocations.
Companies that do not start using the allocated quota within 3 months from the date of the commission’s decision on allocation will have the permits withdrawn and allocated to other participants in the Public Competition/Call. Allocated detachments may not be pooled or transferred to other companies, and in cases of non-use, the competent commission will redistribute the detachments to other users-participants in the Public Competition/Call. Companies to which this allocation assigns a smaller number of detachments than they had in the previous detachment year will have their use adjusted to the newly obtained number of permits.

To exercise the right to participate in the allocation of detachments, companies must meet the following conditions:

2.1.1.    That the company is adequately staffed and technically equipped to execute the assumed contracts,
2.1.2.    That, in accordance with the valid regulations of the FR Germany, there are no obstacles to the engagement of companies from BiH in the implementation of contracts in the FR Germany arising from decisions of the competent authorities of the FR Germany on the prohibition of their work in the FR Germany,
2.1.3.    That they have a registered representative office of the company in the FR Germany,
2.1.4.    That the company applying to the Public Competition/Call is active in the territory of BiH within the activity for which it is applying,
2.1.5.    That they have a minimum of 15 permanently employed workers on works in BiH within the scope of the activity for which they are applying,
2.1.6.    For the sub-quota from point 1.2.3. – that the company in the construction, insulation and other activities (codes 10, 40, 50, 60, 61 and 70) is registered for carrying out works abroad and whose main activity in BiH is this, with majority ownership of capital by legal and natural persons from the Republic of Slovenia, and in the absence of such companies, other companies from BiH.
2.1.7.    That the company applying to the Public Competition/Call has fully settled all obligations on the basis of VAT, entity taxes and contributions on the basis of pension and health insurance of workers, as well as settled obligations to the chambers on the basis of fees for used detachments by 30.06.2022.

The stated conditions are eliminatory for all participants in the Public Competition/Call.

3. Along with applications to the Public Competition/Call, companies are obliged to submit the following documentation:

1. Decision or certified copy of the decision of the competent court on the registration of the company in BiH, with all attachments, not older than 3 months,
2. Certified copy of the registration of the company’s representative office in the FR Germany (Gewerbe anmeldung),
3. Confirmation that the company’s representative office in the FR Germany has an authorized tax advisor in the FR Germany (Steuerberater),
4. Confirmation of settled tax obligations of the representative office of the business entity in the FR Germany, with the indicated tax number, issued by the competent authority – Finanzamt, not older than 2 months,
5. Certified copy of the company’s final account for 2021, submitted to the competent tax authority,
6. Certified copy of the final account for 2021 of the representative office in the FR Germany/certificate of the authorized accountant on operations in 2021 (companies that had operations in the FR Germany),
7. Confirmation:
   a)    of the Indirect Taxation Authority on the settlement of obligations on the basis of VAT,
   b)    of the entity tax administration, i.e. the Brčko District, on the settlement of tax obligations and contributions for health and pension insurance, by 30.06.2022, and
   c)    certificate of the entity chamber on settled obligations on the basis of fees for permits/detachments by 30.06.2022.
8. Company reference list:
   a)    Value and type of executed works on facilities in BiH in 2021 and the first half of 2022 (copy of certified statements on executed works) within the activity for which the application/competition is submitted,
   b)    Value and type of works executed on facilities in the FR Germany in 2021 and the first half of 2022, for companies already engaged in detachments.
9. Proof of staffing and technical capacity:
   a)    Certified confirmation of the competent authority on the number of permanently employed workers within the activity, with indicated qualifications, in 2021 and the first half of 2022, or certified copies of the M1 form. In accordance with the valid Regulation, companies that have a minimum of 15 workers in permanent employment for at least the previous 3 months may apply,
   b)    Certified and signed statement on the technical equipment of the company,
10. German license for each activity for which a detachment is requested (Handwerskarte), for companies carrying out works in the FR Germany, to which it applies,
11. Confirmation from ULAK, for companies to which it applies, and which carry out works in the FR Germany
12. License issued by the Ministry of Spatial Planning, Construction and Ecology of the RS (only for companies from the RS and relevant companies of the Brčko District),
13. Companies are obliged, together with the application for the competition/call for allocation of the quota, to attach a payment slip for the costs of processing the application: 200 KM for independent application to the competition.

Payment should be made to the account:

a) For companies registered in the territory of the Federation and relevant companies of the Brčko District:
Payment should be made in favor of the Chamber of Economy of the Federation of BiH, to the account
– UNICREDIT BANKA, account no. 3383202200018791
Purpose of payment: application to the Public Competition/Call for allocation of detachments.

Applications to the Public Competition/Call for the distribution of sub-quotas of detachments under point 1.2.1. and 2/3 of the sub-quota under point 1.2.3., with the required documentation, for companies from the territory of the Federation of BiH and relevant companies of the Brčko District are submitted in sealed envelopes within 15 days from the date of publication of the Public Competition/Call, to the address:

CHAMBER OF ECONOMY OF THE FEDERATION OF BiH, Commission for detachments, 71000 SARAJEVO, Branislava Đurđeva 10/IV, marked for the Public Competition/Call for detachments.

Incomplete and untimely applications will not be considered.

b) For companies registered in the territory of the Republika Srpska and relevant companies of the Brčko District:
Payment should be made in favor of the Chamber of Economy of the RS to the account:

562-099-00000797-43 NLB – Development Bank Banja Luka,
Purpose of payment: Application to the Public Competition/Call for allocation of detachments.

Applications to the Public Competition/Call from the sub-quota under point 1.2.2. and 1/3 of the sub-quota under point 1.2.3., with the necessary documentation, for companies from the territory of the RS entity and relevant companies of the Brčko District are submitted in sealed envelopes within 15 days from the date of publication of the Public Competition/Call,  to the address:
CHAMBER OF ECONOMY OF RS, 78000 BANJA LUKA; Branka Ćopića 6, marked for the Public Competition/Call for detachments.

Incomplete and untimely applications will not be considered.

c) Note for submitting applications by companies registered in the territory of the Brčko District:
Companies registered in the territory of the Brčko District submit applications to the Public Competition/Call to one of the entity chambers according to their own choice, under the conditions, deadlines and to the address established for that entity chamber, and payments for processing the application should also be made in favor of the account of the Chamber to which they submit the application for allocation of the detachment quota.

4. CRITERIA FOR THE ALLOCATION OF DETACHMENTS
When deciding on the allocation of detachments to companies, the competent commission for detachments will primarily take into account the criteria arising from the general conditions, and then the special criteria, respecting territorial and sectoral balance, depending on:  

1. Achieved business results of the company,
2. Number of employees in the previous business year and in the first half of the current year,
3. Staffing and technical capacity,
4. Achieved references of the company, and
5. Utilization of detachments in the FR Germany in the previous year.

Additional criteria for the allocation of detachments:

1. Of the total available annual detachments quota for companies that are applying for the first time for carrying out works in the FR Germany, up to 10% of the entity quota is set aside.
2. The maximum number of detachments allocated to one company may be 20% of the total entity sub-quota of detachments.
3. On the amounts/percentages from paragraphs 1 and 2 of this article, the detachments commission of the entity chamber makes a decision at the beginning of the annual detachment allocation procedure.
4. The minimum number of detachments allocated to one company is five.
5. When allocating the detachment quota to companies that already use the quota, the use and utilization of the company’s detachments in previous periods will be specially taken into account.

5. ALLOCATION OF THE QUOTA
The first-instance decision on the applications of participants in the Public Competition/Call is made by the Commission for detachments of the entity chambers of economy, against which participants in the public competition/call may file an appeal within 8 (eight) days from the date of receipt of the decision.
The appeal is submitted to the competent second-instance body of the entity chambers of economy, which is obliged to issue a decision on the appeal within 15 days from the date of receipt of the case.

FOREIGN TRADE
CHAMBER OF BOSNIA AND HERZEGOVINA