Business Law
PPP and concessions law in Tunisia
Public-private partnerships (PPPs) and concessions mobilise private operators to develop, finance or operate public-interest infrastructure and services. These transactions involve long-term contractual commitments, significant investment and a precise allocation of risk between public and private parties. In Tunisia, legal structuring requires identifying the applicable regime, partner selection rules, financing and operating obligations, and the mechanisms for oversight and dispute resolution.
PPP and concessions law in TunisiaPPPs in Tunisia: key figures and 2026 developments
2026 confirms the importance of infrastructure and major projects in Tunisia's investment priorities. Several data points illustrate the sector's stakes.
TND 4,000m
foreign investment volume anticipated by FIPA for 2026 (forecast target — TAP, March 2026)
743 km
motorways in operation, including 567 km tolled (Presidency of the Government, August 2026)
What is the legal framework for PPPs and concessions in Tunisia?
The Tunisian legal framework rests primarily on two statutes:
- ✓Law No. 2015-49 of 27 November 2015 on public-private partnership contracts, which frames the preparation, conclusion, performance and oversight of PPP contracts.
- ✓Law No. 2008-23 of 1 April 2008 on the concessions regime, as amended and supplemented notably by Law No. 2019-47 of 29 May 2019.
- ✓Investment Law No. 2016-71 of 30 September 2016 may also be relevant depending on the nature of the project and the investor's status.
Choosing the right structure
These regimes follow distinct logics. The choice between a PPP, a concession or a classic public procurement contract must reflect project structure, partner remuneration, transferred responsibilities and the applicable regulatory framework.
Legal sources: General Authority for Public-Private Partnership — applicable texts.
PPPs and concessions: what are the differences?
The choice of legal structure shapes financing, remuneration, operating obligations and the risks borne by each party.
A public-private partnership (PPP) allows a public entity to entrust a private partner, for a fixed term, with missions that may cover design, financing, construction and maintenance of a work or infrastructure. Remuneration may be linked to performance criteria.
A concession grants the right to operate a work, service or activity under the terms of the contract and applicable regime. Remuneration and risk sharing must be assessed against the chosen structure.
In both cases, analysis should cover economic viability, public-service obligations, oversight mechanisms, guarantees and end-of-contract conditions.
Project pipeline and 2026 developments
Concession project pipeline: the General Authority for Public-Private Partnership presents projects relating to logistics zones, port terminals, seawater desalination and sanitation. These illustrate sector diversity without implying that all have reached award or delivery stage.
In February 2026, the government also called for acceleration of several strategic projects under the 2026–2030 Development Plan, including the north–south rail corridor, the rail link to Tunis-Carthage Airport, the airport's extension and the Enfidha deep-water port. Programming does not mean each will necessarily be delivered as a PPP or concession.
These developments reinforce the value of early legal analysis for international investors, contractors, operators and infrastructure financiers.
Which sectors can use PPPs and concessions?
PPP and concession structures may cover several project categories, subject to sector rules and decisions of the competent authorities.
For each sector, analysis must cover required authorisations, public procurement rules, technical and environmental requirements, and financing and operating conditions.
- ✓Transport and infrastructure: motorways, ports, logistics terminals, rail infrastructure and airport facilities.
- ✓Energy: energy infrastructure, renewable projects and related equipment.
- ✓Water and sanitation: desalination plants, networks and treatment facilities.
- ✓Public equipment and services: infrastructure requiring private investment, long-term maintenance or performance standards.
- ✓Economic infrastructure: logistics zones and facilities supporting industrial and commercial activity.
What are the main legal risks in a PPP project?
A project can present risks from the preparation stage, before the contract is even signed. Early identification helps secure the investment and reduce uncertainty during performance.
- ✓Partner selection — eligibility, evaluation criteria, required guarantees and transparency obligations under the applicable procedure.
- ✓Contractual and operational risks — responsibilities, timelines, performance levels, penalties, force majeure and change-of-circumstances consequences.
- ✓Financial risks — remuneration, guarantees, financing obligations, FX risk and refinancing conditions.
- ✓Regulatory and end-of-contract risks — legislative change, sector authorisations, public-service continuity and asset transfer.
- ✓Dispute risks — dispute-resolution mechanisms suited to the contract; arbitration must not be presumed automatically.
How to legally secure a PPP or concession project?
Structured preparation helps anticipate difficulties that may affect project delivery or operation.
The goal is to enable parties to decide on the basis of a clear understanding of their rights, obligations and risks.
- ✓Analysis of the regulatory framework and applicable contractual regime.
- ✓Legal structuring of the project and identification of required authorisations.
- ✓Review of tender dossiers and participation conditions.
- ✓Negotiation of partnership, concession and related project contracts.
- ✓Analysis of guarantees, security, financial commitments and risk-sharing mechanisms.
- ✓Coordination with banks, investors, financial advisers, engineers and international partners.
- ✓Assistance in contractual disputes, renegotiation or performance difficulties.
How does ANILF support investors and project operators?
ANILF advises on legal issues linked to investment, commercial contracts and multi-party transactions, including in an international context.
For PPPs and concessions in Tunisia, legal assistance may cover:
Each engagement is tailored to the sector, project stage and stakeholder needs.
- ✓Private investors and operators: participation conditions, project structuring and contract negotiation.
- ✓Banks and lenders: contract review, guarantees and financing-related legal risks.
- ✓International companies: support on the Tunisian framework, regulatory obligations and relations with local partners.
- ✓Consortia and project partners: organisation of member relations, allocation of responsibilities and dispute prevention.
- ✓International law firms: coordination with foreign counsel on Tunisian-law issues.
Secure your PPP or concession project in Tunisia
An infrastructure or concession project requires rigorous legal analysis before bid submission, contract negotiation or mobilisation of financing.
ANILF supports companies, investors, operators and international counsel in analysing the Tunisian framework, structuring contracts and managing legal risks linked to their projects.
Preparing a PPP, concession or infrastructure investment in Tunisia? Contact ANILF to review the legal issues in your transaction and identify what to secure from the preparation stage.
Frequently asked questions
Which law governs PPPs in Tunisia?+
Can a foreign investor take part in a concession project in Tunisia?+
Which projects can be delivered as PPPs?+
What is the difference between public procurement and a PPP?+
Is arbitration available in a PPP contract?+
Secure a PPP or concession
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