Arab Decision

Law NR 02- 01of 22 Dhu El Kaada 1422 corresponding to February 5,2002 relative to electricity and gas distribution by pipes.

The President of the Republic:

In view of the Constitution, particularly its articles 12,17,119,122 and 126;
In view of order NR 66-155 dated 8 June 1966,as amended and completed relative to the Law on penal procedure,
In view of order NR 66-156 dated 8 June 1966,as amended and completed relative to penal Law,
In view order NR 75-35 dated 29 April 1975,relative to the National Chart of Accounts,
In view of order NR 75-59 dated 26 December 1975,as amended and completed, relative to Civil Law;
In view of order NR 75-59 dated 26 December 1975,as amended and completed, relative to the Trade Law;
In view of the Law NR 83-03 dated 5 February 1983 relative to the protection of the Environment;
In view of the Law NR 83-17 dated 16 July 1983,as amended and completed, relative to the water Law;
In view of the Law NR 85-07 dated 6 August 1985,as amended and completed, relative to the production,
the transmission and the distribution of electric energy and gas public distribution;
In view of Law NR 90-08 dated 7 April 1990 relative to municipalities;
In view of Law NR 90-09 dated 7 April 1990 relative to Counties;
In view of Law NR 90-10 dated 14 April 1990,as amended and completed, relative to money and credit;
In view of Law NR 90-11 dated 21 April 1990,as amended and completed, relative to labour relations;
In view of Law NR 90-22 dated 18 August 1990,as amended and completed relative to the business registry;
In view of Law NR 90-25 dated 18 November 1990,as amended and completed, relative to the Law on land orientation;
In view of Law NR 90-29 dated 1 December 1990,as amended and completed, relative to land development and town planning;
In view of Law NR 90-30 dated 1 December 1990,as amended and completed, relative to land ownership;
In view of Law NR 91-11 dated 27 April 1991 which sets out the rules relative to expropriation for the purpose of public interest;
In view of order NR 95-06 dated 23 Chaabane 1415 corresponding to 25 January 1995 relative to competition;
In view of order NR 95-20 dated 19 Safar 1416 corresponding to 17 July 1995 relative to the Government Audit Council;
In view of order NR 96-22 dated 23 Safar 1417 corresponding to 9 July 1996 relative to law enforcement against the violation of legislation and regulation on change and capital movements from and to overseas;
In view of Law NR 98-04 dated 20 Safar 1419 corresponding to 15 June 1998 relative to the protection of the cultural heritage;
In view of Law NR 99-09 dated 15 Rabie Ethani 1420 corresponding to 28 July 1999 relative to the control of energy;
In view of order NR 01-03 dated Aouel Jumada Ethania 1422 corresponding to 20 August 2001 relative to the development of investments;
In view of order NR 01-04 dated Aouel Jumada Ethania 1422 corresponding to 20 August 2001 relative to the organisation, the management and the privatisation of economic public enterprises.
In view of Law NR 01-20 dated 27 Ramadhan 1422 corresponding to 12 December 2001 relative to land development and sustainable development;
Following adoption by the Parliament;
Enacts the following law whose content is as follows:

TITLE 1
AREA OF IMPLEMENTATION

Article 1:The object of the present law is to set out rules applicable to activities related to the production, the transmission, the distribution and the marketing of electricity and the transport, the distribution and the marketing of gas by pipes.
These activities are carried out in accordance with commercial rules by physical or juridical persons of private or public law as part of the public service,
Article 2: According to the present law, it is meant by:
-Commercial Agent: Any physical or juridical person other than the producer or the distributor who purchases electricity or gas for the purpose of sale.
-Self-producer: Any physical or juridical person who produces electricity mainly for the purpose of his/her own use.
Direct gas pipe: The gas transport or distribution pipe which links a gas supplier facility to a gas energy consumer as a supplement to the gas transport or distribution network.
-Commission: Electricity and gas regulation commission. A body in charge of ensuring the respect of technical, economic and environmental regulations, the protection of consumers, the transparency of transactions and non discrimination among operators.
-Client: final client, distributor or commercial agent.
-Eligible client: A client who has the right to conclude electricity or gas supply contracts with a producer, a distributor or a commercial agent of his /her own choice and to this end he/she has the right of access to the transmission and/or distribution network.
-Final client: Any physical or juridical person who purchases electricity and/or natural gas for the purpose of his/her own use.
-Cogeneration: The combined production of electricity and heat.
-Concession: The right granted by the Government to an operator to operate and develop a network of a limited territory and for a limited period of time with a view to selling the electricity or gas distributed