عقد الامتياز الفلاحي وفقا لقانون 18/22 المتعلق بالاستثمار

Abstract

The agricultural concession contract is considered one of the most important legal mechanisms adopted by the Algerian legislator to regulate the exploitation of agricultural lands belonging to national domains This comes within the framework of achieving a balance between preserving public ownership and encouraging private investment Given the great importance of the agricultural concession contract as one of the strategic alternatives to achieve national development outside the hydrocarbons sector—as it contributes to increasing food production and thus achieving food security—the Algerian legislator established a regulatory body, the National Office for Agricultural Lands (ONTA) Its mission is to monitor investors' compliance with the concession's book of specifications, as part of the state's efforts to improve the agricultural sector and protect agricultural lands In this context, the first law, No 08-16 dated August 3, 2008, relating to agricultural guidance, was issued, defining the elements of agricultural guidance to allow for and contribute to the improvement of food security Furthermore, the issuance of Investment Law No 22-18 marked a qualitative step toward enhancing the investment climate by simplifying procedures and providing incentives to attract investors to the agricultural sector This study has shown that the concession contract is characterized by its administrative nature, as it grants the right of usufruct without transferring ownership It is linked to a set of obligations incumbent upon the investor, particularly regarding the actual exploitation of the land and adherence to the book of specifications This system aims to achieve sustainable agricultural development and increase national production Despite the advantages brought by Investment Law 22-18, practical application still faces several challenges, most notably administrative complexities, a lack of technical or financial support for investors, and some shortco