Cote D’Ivoire – Laws and Regulations Relating to Municipal PPPs

Decret No. 2012-1151 - Ivory Coast has passed a cross-cutting decree in 2012 to regulate PPPs - and retained a large definition of the latter. It includes various types of PPPs - from the concession, lease and management (under the civil law notion of «délégation de service public») to BOT and its variances to PFI-type of contracts (whereby the private party is paid by the public party for the investment but does not bear the commercial risk) - to joint ventures between a public and a private party. The decree also refers to «collectivités territoriales» (which include municipalities) and provides for the establishment of several institutions to assist public parties in the conclusion of PPPs. Competencies of the municipalities are defined in a law of 2003 and a series of subsequent decreesLoi 203-208 (…) provides that waste management, transport, hydraulic and sanitation, among others, are competencies of the municipalities.