Official Gazette of the Republic of Tunisia — 8 July 2008 N° 55 Page
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Article 150 (second dash new) - The keeping of an 2006-2167 dated 10 August 2006, and decree n° 2007-1329 information register about the holders of the public dated 4 June 2007, and decree n° 2008-561 dated 4 March procurements on the base of follow up slips established 2008, after the performance of each procurement. The methods Having regard to the opinion of the Minister of Finance, relating to the information register and the follow up slips Having regard to the opinion of the Administrative are determined by order of the Prime Minister Court. Art. 3 - The provision of the decree herein shall be implemented immediately to the current procurements at Decrees the following: the time of its publication, except for articles 42 bis and 115 Article one – The holders of the public procurements of bis. The public purchaser establishes the annexes to the works who suffered from loss due to the abnormal increase current procurements with regard to the deadline of in the prices of the basic raw materials may get payment and restitution of caution according to the exceptionally the review of the contractual prices of the provisions of the decree herein. concerned procurements, according to the conditions and Art. 4 - The Prime Minister, the Minister and secretaries procedures stipulated in the decree herein. of the state, each in his respective capacity, shall implement Art. 2 - The exceptional review referred to in the the decree herein which shall be published in the Official previous article deals with the public procurements with Gazette of the Republic of Tunisia . definite or reviewable prices which : Tunis, 5 July 2008. - the deadline of performance is equal or exceeds 6 Zine El Abidine Ben Ali months, - the works having been performed totally or partially st during a period extending from 1 January 2006 and 31 Decree n° 2008-2472 dated 5 July 2008, relating to December 2008 provided that the extending after the 1st the exceptional review of the prices of the public January 2006 is not due to a delay caused by the holder of procurements of works. the procurement . The President of the Republic, This exceptional review deals with the following basic On a proposal from the Prime Minister, raw materials: iron, cooper, the by-product of oil: bitumen Having regard to law n° 75-33 dated 14 May 1975, and conducts. promulgating the organic law of communes, as amended Art. 3 – The holders of the public procurements shall and completed by subsequent texts and notably by organic present a request for the purpose to the concerned public law n° 2006-48 dated 17 July 2006, purchaser within a deadline which shall not exceed 31 Having regard to law n° 75-35 dated 14 May 1975, January 2009. relating to the organic law of the local public collectivities This request shall precise for each procurement the budget, all amending and completing texts and notably amount of loss due exclusively to the exceptional increase organic law n° 97-1 dated 22 January 1997 and organic law in the prices of the basic raw materials referred to in article n° 2007-65 dated 18 December 2007, 2 of the decree herein, and shall be matched with all Having regard to organic law n° 89-11 dated 4 February documents and proofs. 1989, relating to the regional councils, all amending and Art. 4 - The public purchaser shall examine each request completing texts and notably organic law n° 2006-2 dated 9 and establish a report to be submitted to a special January 2006 approving decree-law n° 2005-1 dated 10 commission as referred to in article 5 of the decree herein, August 2005, relating to the composition of the regional with 30 days as from the date of the presentation of the councils, request. Having regard to law n° 73-81 dated 31 December 1973, promulgating the public accountancy code, all This report shall include the opinion of the public amending and completing texts, and notably law n° 2006-85 purchaser concerning the requests of the holder of the dated 25 December 2006 relating to the finance law 2007, procurement and his proposals . Having regard to law n° 89-9 dated 1 February 1989, Art. 5 – A special commission for the consideration of relating to the participations and public enterprises and the requests of the exceptional review of the prices of the notably from article 18 to article 22, all amending and public procurements is instituted at the Prime Minister. completing texts and notably law n° 2006-36 dated 12 June This commission is chaired by a representative of the 2006, Prime Minister, and composed of the following members: Having regard to law n° 2007-69 dated 27 December - a representative of the Minister in charge of finance, 2007, relating to the economic initiative, - a representative of the Minister in charge of Having regard to decree n° 69-400 dated 7 November Equipment, Housing and Territorial Development, 1969, establishing the Prime Ministry and fixing the Prime - a representative of the Minister in charge of industry, Minister attributions, - a representative of the Minister in charge of Having regard to decree n° 2002-3158 dated 17 commerce, December 2002, regulating the public procurements, as amended by decree n° 2003-1638 dated 4 August 2003, - a representative of the governor of the central bank of decree n° 2551-2004 dated 2 November 2004, decree n° Tunisia, Page 734 Official Gazette of the Republic of Tunisia — 8 July 2008 N° 55 - a representative of the minister in charge of the imadats of "Echakafia", "Sidi Massoued", "Oued Serdiana" supervisory ministry for the public establishments having delegation of Essbikha, governorate of Kairouan, the no administrative nature and public enterprises when this imadats of "El Hchichina South" delegation of Al Ghriba, ministry is not represented, imadat of "Esskhira" delegation of Esskhira, governorate of - a member from the court of auditors, Sfax, the imadats of "North El Bkalta", "South El Bkalta", "El Bagdadi" delegation of El Bkalta governorate of - a member from the administrative court. Monastir, imadat "Bir Saad", delegation of El Gtar, imadat The members of this commission and its secretary are "El Ayaycha" delegation of Belkhir governorate of Gafsa, appointed by an order of the prime minister. imadat "Arrbia Wali", delegation of Menzel El Habib, This commission meets with the presence of the governorate of Gabes, imadat "Magraouia", delegation of majority of its members, and issues its opinion on the "Sidi Makhlouf", governorate of Medenine, imadat proposal of the public purchaser at the majority of votes of "Gatoufa" delegation of North Tataouine governorate of the members present, within one month as from the date Tataouine, the imadat of "Oum El Aksab", delegation of when the commission takes over the file. Mejel Belabes, governorate of Kasserine. Art. 6 – If the commission referred to in article 5 of the Tunis, 2 July 2008. decree herein, approves the review of the contractual prices The Minister of Justice and Human Rights of the procurements, the public purchaser shall establish a Béchir Tekari project of annex according to the opinion of the Visa commission and submit it to the holder of the procurement The Prime Minister for signature, without submitting it to the opinion of the Mohamed Ghannouchi competent commission for procurement providing that the file of its definitive settlement mentions the information relating to the contractual prices of the procurement. Art. 7 – The prime minister, the minister and secretaries MINISTRY OF FOREIGN AFFAIRS of the state, each in his respective capacity, shall implement the decree herein which shall be published in the Official st Gazette of the Republic of Tunisia . Decree n° 2008-2473 dated 1 July 2008, ratifying Tunis, 5 July 2008. an executive program of cooperation in the field of Zine El Abidine Ben Ali environment between the Government of the Republic of Tunisia and the Government of the Republic of Yemen for the years 2008, 2009 and MINISTRY OF JUSTICE AND 2010. HUMAN RIGHTS The President of the Republic, Having regard to the constitution and notably article 32, Having regard to the convention of cooperation between Order of the Minister of Justice and Human Rights the Ministry Environment and Territorial Development of dated 2 July 2008, relating to compulsory land registration. the Republic of Tunisia and the council of the environment preservation of the Republic of Yemen, concluded in Tunis The Minister of Justice and Human Rights, on 10 February 2000, Having regard to decree-law n° 64-3 dated 20 February 1964, relating to compulsory land registration, as amended Having regard to the executive program in the field of and completed by law n° 79-28 dated 11 May 1979, and environment between the Government of the Republic of notably article 3 (new). Tunisia and the government of the Republic of Yemen for Orders the following: the years 2008-2009-2010, concluded in Tunis on 2 April 2008, Single article - It will be preceded as of 15 September 2008 through the compulsory land registration to the Decrees the following: cadastral census of all the non registered and inbuilt estates Article one - Shall be ratified, the executive program in located in the imadats of "Bouhlel", "Sidi Ennaser" the field of environment between the Government of the delegation of "Essouassi", the imadats of "North Oued Republic of Tunisia and the Government of the Republic of Beja", "South Oued Beja", "Zerda" delegation of Sidi Yemen for the years 2008-2009-2010, concluded in Tunis Alouen, governorate of El Mahdia, the imadats of "Ain El on 2 April 2008. Karma", "Bouhertma 4", "Bouhertma 5", delegation of Jendouba, the imadats of "Oued Mliz East", "Oued Mliz Art.