Presidential Decree On Establishing
a Holding Company for Water and Wastewater

Presidential Decree No. 135 of the year 2004 On Establishing a Holding Company for Water and Wastewater And Subsidiary Companies

President of the Republic

Having reviewed the Constitution, and Law No. 53 of the year 1973 on the State General Budget, Law No. 43 of the year 1979 on issuing the Local Administration Law and executive regulations thereof,Law No. 59 of the year 1979 on establishing the new urban communities,

Law No. 159 of the year 1981 on the joint ventures, limited liability partnership companies and executive regulations thereof,
Law No. 203 of the year 1991 on issuing the Law on Public Business Sector Companies,
Law No. 4 of the year 1994 on environment protection,
Presidential Decree No. 133 of the year 1968 on establishing the Greater Cairo General Organization for Sanitary Drainage (CGOSD), amended by Presidential Decree No. 95 of the year 1994
Presidential decree No. 1638 of the year 1968 on establishing the General Organization For Greater Cairo Water Supply, and its amendments
Presidential Decree No. 1639 of the year 1968 on establishing the Alexandria Water General Authority, and its amendments
Presidential Decree No. 262 of the year 1979 on establishing the Alexandria General Organization for Sanitary Drainage (AGOSD), amended by Presidential Decree No. 96 of the year 1994
Presidential Decree No. 197 of the year 1981 on establishing the National Organization for Potable Water and Sanitary Drainage (NOPWASD), amended by Presidential Decree No. 30 of the year 1986
Presidential Decree No. 281 of the year 1995 on establishing a general economic authority for potable water and wastewater in some governorates,
Presidential Decree No. 164 of the year 1996 on organizing the Ministry of Housing, Utilities, and Urban Communities,
The statute of the Beheira Water Company,
The statute of the Kafr El-Sheikh Company for Potable Water and Wastewater,
The statute of the Damietta Water Company,
and After Approval by the Cabinet of Ministers,
and Based on the legal opinion by the State Council,

DECREED:

Article One:

A holding company shall be established by the name of the National Holding Company for Potable and Wastewater Projects, and shall have its body corporate and shall be located in the Governorate of Cairo. This company shall last for the duration of —, and be subject to the provisions of the aforementioned Law of Public General Works Company and the executive regulations thereof, and companies designated in Article 3 shall be affiliated thereto.

Article Two:

The objective of the Holding Company for Water and Wastewater shall be to purify, desalinate, convey, distribute and sell potable water, and collect, treat and safely dispose of wastewater.

Article Three:

The following public economic agencies for water and wastewater, and public sector companies in some governorates shall be converted into subsidiaries of the Holding Companies provided for in Article 1: The General Organization for Greater Cairo Water Supply The Alexandria Water General Authority Greater Cairo General Organization for Sanitary Drainage The Alexandria General Organization for Sanitary Drainage General Economic Authority for Water and Wastewater, Aswan Governorate. General Economic Authority for Water and Wastewater, Minya Governorate. General Economic Authority for Water and Wastewater, Baniswaif Governorate. General Economic Authority for Water and Wastewater, Fayoum Governorate. General Economic Authority for Water and Wastewater, Dakahleya Governorate. General Economic Authority for Water and Wastewater, Gharbeya Governorate. General Economic Authority for Water and Wastewater, Sharkeya Governorate. Behaira Water Company Kafr El Sheikh Water and Wastewater Company Damietta Water Company

Article Four:

The Minister of Housing, Utilities, and Urban Communities shall be the competent minister responsible for the application of the provisions of the aforementioned Law of Public Business Sector Companies and its executive regulations as regards the Holding Company and its subsidiary companies.

Article Five:

All the rights and liabilities of the public economic agencies and companies before implementing the change shall be transferred to the aforementioned subsidiary companies. These companies shall continue applying regulations thereof without prejudice to the provisions the Law of Public Business Sector Companies and its executive regulations pending the development of the regulations of these companies. The Boards of Directors of the aforementioned public economic authorities and companies shall continue performing their competencies on a temporary basis pending the formation of the BODs and general assemblies of the new companies. The Minister of Housing, Utilities and Urban Communities shall issue the statute for the Holding Company and each of its subsidiary in accordance with aforementioned form of statute for companies subject to the Law of Public Business Sector Companies, and following the approval of the general assemblies of those companies.

Article Six:

The capital of the Holding Company shall be determined by the total sum of the capitals of these subsidiary companies on the day prior to that on which this Decree comes into effect, , and after estimates had been validated by a committee appointed by the competent minister in accordance with Article 19 of the aforementioned Law of Public Business Sector Companies.

Article Seven:

The general assembly and BoDs of the water and wastewater Holding Company shall be formed in accordance with the aforementioned Law of Public Business Sector Companies, and shall include a representative of the Minister of Finance.

Article Eight:

The staff of the public economic authorities and companies indicated in Article 3 of this Decree shall be transferred in their capacities to the subsidiary companies formed in accordance with the articles of this Decree. Statues regulating their affairs shall continue to apply until the statutes for companies to which they were transferred are issued in accordance with the aforementioned Law of Public Business Sector Companies. Transferred staff shall maintain – in a personal status – wages, benefits, and privileges awarded to him, even if in excess of what is awarded to them by the aforementioned regulations.

Article Nine:

This decree shall be issued in the official journal and shall be enforced as of the next day after its publication. Issued at the Presidency on 7 Rabee Awal, 1425 Hijri Corresponding to 27 April, 2004.

Housny Moubarak