Risk Management in Transport PPP Projects
In the Islamic Countries
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subsequent strategic plans. On the other hand restrictions exist in the legal framework that
partially limit the opening of the market to foreign private investors and private operations in
the country. The Algerian Authorities seem currently considering to facilitate foreign
investments and PPP initiatives, however the existing policy and strategies still have to fully
reflect these possible changes. Within this context PPPs are still conceived in the framework
of institutional initiatives rather than specific projects. A list of PPP projects does not seem
to be publicly available. Investment needs seem to be identified and analyzed at the sector/mode
level. However a systematic approach to the identification of initiatives suitable for
implementation as PPP projects does not seem to be in place. According to literature, public
institutions does not appear to be aware of the needs and benefits possibly associated to PPP
initiatives and the deployment of the PPP model as a funding and procurement method for
infrastructure development and operation (KDI, 2014, CNED 2015).
Legal provisions
A PPP dedicated legislation and regulatory framework is not existing at present in the
People's Democratic Republic of Algeria. The legal provisions regulating the use and
applicability of the PPP model in this country currently consist of the following provisions
related to public procurement and investments, also applying to PPPs:
 Presidential Decree N. 15-247 of 2015, concerning the Public Procurement Code and
representing the main legal provision on the procurement of public works and services;
 Law N. 16-09 of 2016, on public investments and their promotion;
 Executive Decree N. 04-162 of 2004, relating to the establishment and operation of the
National Fund for the Development of Equipment (Caisse Nationale d’Equipement pour le
Développement – CNED), that is the unit within the Ministry of Finance responsible for the
facilitation of the development and implementation of PPPs in Algeria;
 Decree N. 07-364 of 2007, about the organization of the central administration of the
Ministry of Finance;
 Decree N. 14-320 of 2014, relating to the procuring authorities and the delegated
procuring institutions;
 Law N. 08-09 of 2008, concerning the Civil and Administrative Code.
Further to the above, additional sectorial legislation applies to public procurement and
investments in the transport sector including PPP projects:
 Ordinance N. 76-80 of 1976, concerning the Maritime Code;
 Law N. 98-06 of 1998, regulating civil aviation in Algeria.
The absence of a PPP dedicated regulatory framework in Algeria did not precluded the
development and implementation of PPP projects in the country; however the existing
legislation is deemed inadequate to appropriately regulate the complexity of PPP initiatives in
their entire life-cycle (EIB, 2011; KID, 2014; Nesrine Bougriou N., Benterki A. 2018).
Furthermore the existing legislation is also commented to be of unclear interpretation also
requiring the conjoint consideration of interpretative or regulatory circulars resulting in some