Le code des marchés publics fait peau neuve en Algérie

De nouvelles dispositions ont été introduites lundi dans le nouveau code des marchés publics, adopté fin 2012 en Conseil des ministres, et ont été rendues officielles par un décret présidentiel du 13 janvier.

Que va changer le nouveau code des marchés publics en Algérie ? Le nouveau code des marchés publics a été adopté fin décembre dernier en Conseil des ministres. Il est censé assouplir davantage les opérations de passation de marchés pour les entreprises publiques économique. Plusieurs dispositions ont été introduites par voie de décret, et concerneront toutes les entreprises publiques mais il est précisé qu’en revanche “les contrats passés entre deux administrations publiques ne sont pas soumis aux dispositions du présent décret”. De même pour les EPE (entreprises publiques économiques), « Les entreprises publiques économiques ne sont pas soumises au dispositif de passation des marchés prévu par le présent décret », précise le décret.

Les Entreprises publiques économiques, quelles modifications ?

Si les EPE ne sont pas soumises au nouveau décret, “elles sont tenues d’élaborer et de faire adopter, par leurs organes sociaux, des procédures de passation de marchés, selon leurs spécificités, fondées sur les principes de liberté d’accès à la commande, d’égalité de traitement des candidats et de transparence”, précise encore le nouveau texte.

“Les EPE demeurent soumises aux contrôles externes prévus par la loi au titre des attributions dévolues aux commissaires aux comptes, à la Cour des comptes et à l’inspection générale des finances”. Désormais, “dans le cas des prestations courantes et à caractère répétitif, le service contractant peut recourir à la consultation prévue par la réglementation”.

Les établissement publics

“Les établissements publics, autres que ceux à caractère administratif, sont tenus d’adapter leurs propres procédures à la réglementation des marchés publics et de les faire adopter par leurs organes habilités, selon le décret présidentiel. Dans ce cas, le ministre de tutelle doit établir et approuver un dispositif de contrôle externe de leurs marchés.”

Désormais les marchés ne sont valables et définitifs qu’après leur approbation par l’autorité compétente, à savoir notamment le ministre pour les marchés de l’Etat, le responsable de l’institution nationale autonome, et le wali pour ceux des wilayas.

Marché publics et offres internationales

Le nouveau code des marchés publics introduit également de nouvelles dispositions pour les collaboration avec des partenaires étrangers. Dans l’ancien code des marchés publics, il était précisé que “les cahiers des charges des appels d’offres internationaux doivent prévoir l’obligation d’investir dans le cadre d’un partenariat, dans le même domaine d’activité, avec une entreprise de droit algérien, dont le capital est détenu majoritairement par des nationaux résidents.” Ces mêmes cahiers des charges devaient prévoir des garanties financières du marché. Désormais l’investissement dans des partenariats sera obligatoire “lorsqu’il s’agit de projets dont la liste est fixée par décision de l’autorité de l’institution nationale de souveraineté de l’Etat, de l’institution nationale autonome ou du ministre concerné, pour leurs projets et ceux des établissements qui en relèvent», précise alors le décret.

La rédaction avec APS

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