2016-06-20

Government Decree No. 2016-771 of June 20, 2016

The Presidency of the Government of Tunisia issued Government Decree No. 2016-771 to establish the composition, powers, and operational procedures of the Strategic Council for Public-Private Partnerships. The decree mandates that the council, chaired by the Head of Government or a representative, comprises ministers and four appointed representatives who will adopt national PPP strategies, monitor implementation, and propose anti-corruption measures. Furthermore, it sets strict quorum rules, meeting frequencies, and a permanent secretariat to ensure the council effectively oversees sectoral priorities and five-year project programs.

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Page 1998 Journal Official of the Tunisian Republic — June 24, 2016 No. 51 Presidential Decree No. 2016-79 of June 16, 2016, ratifying the international agreement on olive oil and table olives for the year 2015, adopted in Geneva on October 9, 2015. The President of the Republic, Having regard to the Constitution and in particular Articles 67 and 77 thereof, Having regard to Organic Law No. 2016-46 of June 6, 2016, approving the international agreement on olive oil and table olives for the year 2015, adopted in Geneva on October 9, 2015, Having regard to Law No. 2016-29 of April 5, 2016, organizing the ratification of conventions, Having regard to the international agreement on olive oil and table olives for the year 2015 adopted in Geneva on October 9, 2015. Enacts the Presidential Decree as follows: Article 1 - The international agreement on olive oil and table olives for the year 2015, adopted in Geneva on October 9, 2015, is ratified. Art. 2 - The Minister of Foreign Affairs and the Minister of Agriculture, Water Resources and Fisheries are each responsible, within their respective areas of competence, for the implementation of this Presidential Decree, which shall be published in the Journal Official of the Tunisian Republic. Tunis, June 16, 2016. The President of the Republic Mohamed Béji Caïd Essebsi

PRESIDENCY OF THE GOVERNMENT Government Decree No. 2016-771 of June 20, 2016, fixing the composition and powers of the Strategic Council for Public-Private Partnerships. The Head of Government, Having regard to the Constitution, Having regard to Law No. 2015-49 of November 27, 2015, on public-private partnership contracts and in particular Article 37 thereof, Having regard to Decree No. 70-118 of April 11, 1970, organizing the services of the Prime Ministry and all texts amending or supplementing it, Having regard to Presidential Decree No. 2015-35 of February 6, 2015, appointing the Head of Government and its members, Having regard to Presidential Decree No. 2016-1 of January 12, 2016, appointing the members of the Government, Having regard to the opinion of the Administrative Court, After deliberation by the Council of Ministers. Enacts the Government Decree as follows: Article 1 - This Government Decree fixes the composition and powers of the Strategic Council for Public-Private Partnerships, hereinafter referred to as "the Council". Art. 2 - The Council is chaired by the Head of Government or his representative, and comprises the following members:

  • the Minister responsible for Justice,
  • the Minister responsible for Finance,
  • the Minister responsible for Development and Investment,
  • the President of the General Public-Private Partnership Authority,
  • four (4) representatives of the relevant professional organizations, from the private sector, civil society and academics with experience in public-private partnerships, appointed for a term of five (5) years renewable once. The four representatives are appointed by order of the Head of Government upon proposal from the relevant bodies. The Council President may, if necessary, convene any person, authority, organization or association whose presence is deemed useful, without voting rights. Art. 3 - The Council adopts national strategies and policies in the field of public-private partnerships and sets priorities according to development plan guidelines. It is responsible for the following:
  • approving the national public-private partnership strategy and proposals aimed at its updating and development,
  • monitoring and evaluating the implementation of the national public-private partnership strategy,
  • providing the necessary support for the implementation of the national public-private partnership strategy,
  • issuing the necessary directives and recommendations to develop the strategy and its implementation methods,
  • setting sectoral and regional priorities for public-private partnerships,
  • establishing five-year programs for public-private partnership projects and ensuring their monitoring and updating within development plans,
  • examining the necessary amendments and improvements to the legislative and regulatory framework for public-private partnership contracts, in coordination with the General Public-Private Partnership Authority,
  • proposing all procedures and measures concerning the prevention and fight against corruption in the field of public-private partnerships, in coordination with the Good Governance and Anti-Corruption Authority. No. 51 Journal Official of the Tunisian Republic — Page 1999 Art. 4 - The Council meets upon convocation by its President at least once every six (6) months and whenever necessary, with at least two-thirds of its members present. If the quorum is not met, members are convened for a second meeting held ten (10) days from the date of the first meeting. In this case, the Council deliberates regardless of the number of members present and its proceedings are recorded in minutes. Notices are sent to Council members accompanied by the agenda at least seven (7) days before the meeting date. The Council issues its opinion by a majority of members present. In case of a tie, the President's vote is decisive. Art. 5 - The permanent secretariat of the Council is provided by the General Public-Private Partnership Authority. It is responsible for the following:
  • drafting the meeting agenda and the files submitted to it,
  • convening Council members in accordance with the procedures set out in Article 4 of this Government Decree,
  • codifying the deliberations of meetings,
  • monitoring the Council's proposals and recommendations. Art. 6 - The relevant Ministers are responsible, each within their respective areas of competence, for the implementation of this Government Decree, which shall be published in the Journal Official of the Tunisian Republic. Tunis, June 20, 2016. The Head of Government Habib Essid

Government Decree No. 2016-772 of June 20, 2016, fixing the conditions and procedures for awarding public-private partnership contracts. The Head of Government, Having regard to the Constitution, Having regard to Organic Law No. 2004-63 of July 27, 2004, on the protection of personal data, Having regard to Organic Law No. 2016-22 of March 24, 2016, on the right to access information, Having regard to the Code of Obligations and Contracts promulgated by Beylical Decree of December 15, 1906, together with texts amending and supplementing it, in particular Law No. 2005-8 of August 15, 2005, approving the reorganization of certain provisions of the Tunisian Code of Obligations and Contracts, Having regard to the Penal Code promulgated by Beylical Decree of July 9, 1913, together with texts amending or supplementing it and in particular Decree-Law No. 2011-106 of October 22, 2011, supplementing and amending the Penal Code, Having regard to Law No. 67-53 of December 8, 1967, on the organic budget law, as amended or supplemented by subsequent texts and in particular Law No. 2004-42 of May 13, 2004, Having regard to Law No. 72-40 of June 1, 1972, on the Administrative Court, together with texts amending or supplementing it by subsequent laws and in particular Organic Law No. 2011-2 of January 3, 2011, Having regard to Law No. 75-33 of May 14, 1975, promulgating the organic law on municipalities, together with texts amending or supplementing it, in particular Organic Law No. 2008-57 of August 4, 2008, Having regard to Law No. 75-35 of May 14, 1975, on the organic budget law for local authorities, together with texts amending or supplementing it and in particular Organic Law No. 2007-65 of December 18, 2007,