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Decree n° 2007-1330 dated 4 June 2007, fixing the list of public enterprises whose orders for goods and services supply are excluded from the scope of application of public procurements regulations.
The President of the Republic,
On a proposal from the Prime Minister,
Having regard to law n° 89-9 dated 1 February 1989, relating to public contributions and enterprises, notably article 18, all amending or completing texts, and notably law n° 2006-36 dated 12 June 2006,
Having regard to decree n° 69-400 dated 7 November 1969, creating the Prime Ministry and fixing the duties of the Prime Minister,
Having regard to decree n° 89-876 dated 5 July 1989, fixing the list of public enterprises whoseorders for goods and services supply are excluded from the scope of application of the public procurements regulation, as amended and completed by decree n° 92-713 dated 20 April 1992 and decree n° 98-28 dated 12 January 1998,
Having regard to decree n° 2002-3158 dated 17 December 2002, regulating public procurements, and notably article 144, as amended by decree n° 2003-1638 dated 4 August 2003, decree n° 2004-2551 dated 2 November 2004, and decree n° 2006-2167 dated 10 August 2006,
Having regard to decree n° 2004-2265 dated 27 September 2004, fixing the list of establishments of non administrative nature considered as public enterprises, as amended by decree n° 2006-2579 dated 2 October 2006,
Having regard to the opinion of the Minister of Finance,
Having regard to the opinion of the Administrative Court.
Decrees the following :
Article one - Orders for goods and services supply for the public enterprises described below are not subject to the provisions of decree n° 2002-3158 dated 17 December 2002, regulating public procurements except those under chapters 2, 3 and 4 of title 8 of the said decree :
- national services and residences company,
- new printing, press and publishing company,
- national oil distribution company,
- Tunisian drilling company,
- Tunisian state owned oil company “ETAP” (for orders of goods and services supply relating only to concession),
- phosphate company of Gafsa “CPG” (for orders for goods and services supply the amount of which falls within the competence level of the procurements higher commission),
- Tunisian chemical group (for orders of goods and services supply the amount of which falls within the competence level of the procurements higher commission),
- general company of enterprise, equipments and works,
- Tunisian air company,
- handicrafts marketing company,
- tourist leisure company,
- Tunisian pharmaceutical industries company for orders of raw materials procurement (for orders of purchasing raw materials, active constituents and for packaging raw materials in the manufacturing of pharmaceutical products for human use).
Article 2 - All the previous contrary provisions and notably the provisions of decree n° 89-876 dated 5 July 1989, fixing the list of public contributions and enterprises whose orders of goods and services supply are excluded from the scope of application of public procurements regulations as amended and completed by decree n° 92-713 dated 20 April 1992, and decree n° 98-28 dated 12 January 1998, are repealed.
Article 3 - The Prime Minister, the Ministers and the secretaries of the state, each in his respective capacity, shall implement the decree herein which shall be published in the Official Gazette of the Republic of Tunisia.
Tunis, 4 June 2007.
Zine El Abidine Ben Ali
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