2005/690/EC: Council Decision of 18 July 2005 on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part
1. The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, including Annexes and Protocols annexed thereto and the joint declarations and declarations of the European Community attached to the Final Act are hereby approved on behalf of the European Community.
2. The texts referred to in paragraph 1 are attached to this Decision.
1. An Association is hereby established between the Community and its Member States of the one part and Algeria of the other part.
2. The aims of this Agreement are to:
—
provide an appropriate framework for political dialogue between the Parties, allowing the development of close relations and cooperation in all areas they consider relevant to such dialogue,
—
promote trade and the expansion of harmonious economic and social relations between the Parties and establish the conditions for the gradual liberalisation of trade in goods, services and capital,
—
facilitate human exchanges, particularly in the context of administrative procedures,
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encourage integration of the Maghreb countries by promoting trade and cooperation within the Maghreb group and between it and the Community and its Member States,
—
promote economic, social, cultural and financial cooperation.
1. The position to be taken by the Community within the Association Council and the Association Committee shall be determined by the Council on the basis of a proposal by the Commission or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties.
2. In accordance with Article 93 of the Euro-Mediterranean Association Agreement, the President of the Council shall preside over the Association Council. A representative of the Commission shall preside over the Association Committee in accordance with the Rules of Procedure thereof.
3. The decision to publish the decisions of the Association Council and the Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council and the Commission respectively.
Respect for the democratic principles and fundamental human rights established by the Universal Declaration of Human Rights shall inspire the domestic and international policies of the Parties and shall constitute an essential element of this Agreement.
The President of the Council, on behalf of the European Community, is hereby authorised to designate the person or persons empowered to deposit the act of notification provided for in Article 110 of the Agreement.
TITLE I — POLITICAL DIALOGUE
1. A regular political and security dialogue shall be established between the Parties. It shall help build lasting links of solidarity between the partners which will contribute to the prosperity, stability and security of the Mediterranean region and bring about a climate of understanding and tolerance between cultures.
2. Political dialogue and cooperation are intended in particular to:
(a)
facilitate rapprochement between the Parties through the development of better mutual understanding and regular coordination on international issues of common interest;
(b)
enable each party to consider the position and interests of the other;
(c)
contribute to consolidating security and stability in the Euro-Mediterranean region;
(d)
help develop joint initiatives.
Political dialogue shall cover all issues of common interest to the Parties, in particular the conditions required to ensure peace, security and regional development through support for cooperation.
Political dialogue shall be established at regular intervals and whenever necessary, notably:
(a)
at ministerial level, mainly in the framework of the Association Council;
(b)
at the level of senior officials representing Algeria, on the one hand, and the Council Presidency and the Commission on the other;
(c)
taking full advantage of all diplomatic channels including regular briefings, consultations on the occasion of international meetings and contacts between diplomatic representatives in third countries;
(d)
where appropriate, by any other means which would contribute to consolidating dialogue and increasing its effectiveness.
TITLE II — FREE MOVEMENT OF GOODS
The Community and Algeria shall gradually establish a free-trade area over a transitional period lasting a maximum of 12 years starting from the date of the entry into force of this Agreement in accordance with the following provisions and in conformity with those of the 1994 General Agreement on Tariffs and Trade and the other multilateral agreements on trade in goods annexed to the Agreement establishing the World Trade Organisation (WTO), hereinafter referred to as ‘GATT’.
CHAPTER 1 — Industrial products
The provisions of this Chapter shall apply to products originating in the Community and Algeria falling within Chapters 25 to 97 of the Combined Nomenclature and of the Algerian Customs tariff with the exception of the products listed in Annex 1.
Products originating in Algeria shall be imported into the Community free of customs duties and charges having equivalent effect.
1. Customs duties and charges having equivalent effect applicable on import into Algeria of products originating in the Community listed in Annex 2 shall be abolished upon the entry into force of this Agreement.
2. Customs duties and charges having equivalent effect applicable on import into Algeria of the products originating in the Community listed in Annex 3 shall be progressively abolished in accordance with the following timetable:
—
two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 80 % of the basic duty,
—
three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 70 % of the basic duty,
—
four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty,
—
five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 40 % of the basic duty,
—
six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 20 % of the basic duty.
—
seven years after the date of entry into force of this Agreement the remaining duties shall be abolished.
3. Customs duties and charges having equivalent effect applicable on import into Algeria of the products originating in the Community other than those listed in Annexes 2 and 3 shall be progressively abolished in accordance with the following timetable:
—
two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 90 % of the basic duty,
—
three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 80 % of the basic duty,
—
four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 70 % of the basic duty,
—
five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty,
—
six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 50 % of the basic duty,
—
seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 40 % of the basic duty,
—
eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 30 % of the basic duty,
—
nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 20 % of the basic duty,
—
10 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 10 % of the basic duty,
—
11 years after the date of entry into force of this Agreement each duty and charge shall be reduced to 5 % of the basic duty,
—
12 years after the date of entry into force of this Agreement the remaining duties shall be abolished.
4. In the event of serious difficulties for a given product, the timetables established in accordance with paragraphs 2 and 3 may be reviewed by the Association Committee by common accord on the understanding that the schedule for which the review has been requested may not be extended in respect of the product concerned beyond the maximum transitional period referred to in Article 6. If the Association Committee has not taken a decision within 30 days of its application to review the timetable, Algeria may suspend the timetable provisionally for a period which may not exceed one year.
5. For each product concerned, the basic duty to be gradually reduced as provided in paragraphs 2 and 3 shall be the rates referred to in Article 18.
The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.
1. Exceptional measures of limited duration which derogate from the provisions of Article 9 may be taken by Algeria in the form of an increase or reintroduction of customs duties.
These measures may concern only infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce major social problems.
Customs duties on imports applicable in Algeria to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products subjected to such measures may not exceed 15 % of total imports of industrial products from the Community during the last year for which statistics are available.
These measures shall be applied for a period not exceeding five years unless a longer duration is authorised by the Association Committee. They shall cease to apply at the latest on expiry of the maximum transitional period referred to in Article 6.
No such measures may be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having equivalent effect concerning that product.
Algeria shall inform the Association Committee of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held on such measures and the sectors to which they apply before they are implemented. When adopting such measures, Algeria shall provide the Association Committee with a schedule for the abolition of the customs duties introduced pursuant to this Article. Such schedule shall provide for the phasing-out of the duties concerned by equal annual instalments, starting no later than the end of the second year following their introduction. The Association Committee may decide on a different schedule.
2. By way of derogation from the fourth subparagraph of paragraph 1, the Association Committee may exceptionally, in order to take account of the difficulties involved in setting up a new industry, authorise Algeria to maintain the measures already taken pursuant to paragraph 1 for a maximum period of three years beyond the transitional period referred to in Article 6.
CHAPTER 2 — Agricultural, fisheries and processed agricultural products
The provisions of this Chapter shall apply to products originating in the Community and Algeria falling within Chapters 1 to 24 of the Combined Nomenclature and of the Algerian Customs tariff and to the products listed in Annex 1.
The Community and Algeria shall progressively establish a greater liberalisation of their reciprocal trade in agricultural, fisheries and processed agricultural products of interest to both Parties.
1. Agricultural products originating in Algeria listed in Protocol No 1 on importation into the Community shall be subject to the arrangements set out in that Protocol.
2. Agricultural products originating in the Community listed in Protocol No 2 on importation into Algeria shall be subject to the arrangements set out in that Protocol.
3. Fisheries products originating in Algeria listed in Protocol No 3 on importation into the Community shall be subject to the arrangements set out in that Protocol.
4. Fisheries products originating in the Community listed in Protocol No 4 on importation into Algeria shall be subject to the arrangements set out in that Protocol.
5. Trade in processed agricultural products falling under this Chapter shall be subject to the arrangements set out in Protocol No 5.
1. Five years after the entry into force of this Agreement, the Community and Algeria shall assess the situation in order to determine the liberalisation measures to be applied by the Community and Algeria six years after the entry into force of the Agreement, in accordance with the objective set out in Article 13.
2. Without prejudice to the provisions of paragraph 1 and taking account of the patterns of trade in agricultural products, fisheries products and processed agricultural products between the Parties and the particular sensitivity of such products, the Community and Algeria shall examine in the Association Council, product by product and on a reciprocal basis, the possibilities of granting each other further concessions.
1. Should specific rules be introduced as a result of implementation of their agricultural policies or modification of their existing rules, or should the provisions on the implementation of their agricultural policies be modified or developed, the Community and Algeria may modify the arrangements laid down in this Agreement in respect of the products concerned.
2. The Party carrying out such modification shall inform the Association Committee thereof. At the request of the other Party, the Association Committee shall meet to take due account of the interests of the other Party.
3. If the Community or Algeria, in applying paragraph 1, modifies the arrangements made by this Agreement for agricultural products, they shall accord imports originating in the other Party an advantage comparable to that provided for in this Agreement.
4. Any modification of the arrangements made by this Agreement shall be the subject, at the request of the other Contracting Party, of consultations within the Association Council.
CHAPTER 3 — Common provisions
1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced in trade between the Community and Algeria, nor shall those already applied upon entry into force of this Agreement be increased.
2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced in trade between the Community and Algeria.
3. Quantitative restrictions on imports or exports and measures having equivalent effect in trade between Algeria and the Community shall be abolished upon the entry into force of this Agreement.
4. Algeria shall abolish by 1 January 2006 at the latest the provisional additional duty applied to the products listed in Annex 4. That duty shall be reduced on a linear basis by 12 points per year starting on 1 January 2002.
If Algeria's commitments in respect of its accession to the WTO provide for a shorter period for the abolition of the provisional additional duty, that shorter period shall be applicable.
1. For each product concerned, the basic duty to be reduced as provided in Articles 9(2) and (3) and 14 shall be the rate actually applied vis-à-vis the Community on 1 January 2002.
2. In the event of Algerian accession to the WTO, the applicable rates for imports between the Parties shall be the WTO bound rate or lower applied rate enforced as of accession. If, after accession to the WTO, a tariff reduction is applied on an erga omnes basis, the reduced rate shall apply.
3. The provisions of paragraph 2 shall apply to any tariff reduction applied erga omnes introduced after the date on which the negotiations are concluded.
4. The Parties shall communicate to each other their respective basic rates applied on 1 January 2002.
Products originating in Algeria shall not enjoy more favourable treatment when imported into the Community than that applied by Member States among themselves.
The provisions of this Agreement shall apply without prejudice to the provisions of Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands ( OJ L 171, 29.6.1991, p. 1 ), as last amended by Regulation (EC) No 1105/2001 ( OJ L 151, 7.6.2001, p. 1 ).
1. Both Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.
2. Products exported to the territory of one of the Parties may not benefit from repayment of indirect internal taxation in excess of the amount of indirect taxation imposed on them directly or indirectly.
1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade insofar as they do not have the effect of altering the trade arrangements provided for in this Agreement.
2. Consultation between the Parties shall take place within the Association Committee concerning agreements establishing customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Algeria stated in this Agreement.
If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of GATT 1994, it may take appropriate measures against this practice in accordance with the WTO Agreement on the Implementation of Article VI of GATT 1994, related internal legislation and the procedures laid down in Article 26.
The WTO Agreement on Subsidies and Countervailing Measures shall be applicable between the Parties.
If one of the Parties finds that subsidies are being used in trade with the other Party within the meaning of Articles VI and XVI of GATT 1994, it may take appropriate measures against this practice in accordance with the WTO Agreement on Subsidies and Countervailing Measures and its own legislation on the matter.
1. Except where otherwise stated in this Article, the provisions of Article XIX of GATT 1994 and of the WTO Agreement on Safeguards are applicable between the Parties.
2. Each Party shall inform the Association Committee forthwith of any step that it takes or intends to take with regard to the application of safeguard measures. Each Party shall send the Association Committee, immediately or at least one week in advance, a communication in writing containing all information pertinent to:
—
the opening of a safeguard investigation,
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the outcome of the investigation.
The information provided shall include an explanation of the procedure on which the investigation is based and details of the schedule of hearings and other suitable occasions for the parties concerned to submit their opinions.
Each Party shall also give the Association Committee an advance written notification containing all relevant information about the decision to apply provisional safeguard measures; this notification must be received at least one week before the measures are applied.
3. On being notified of the final results of the investigation and before applying safeguard measures in accordance with Article XIX of GATT 1994 and the WTO Agreement on Safeguards, the Party intending to apply such measures shall refer the matter to the Association Committee for a thorough examination of the situation with a view to finding a mutually acceptable solution.
4. In order to find such a solution, the Parties shall immediately hold consultations within the Association Committee. If the Parties fail to reach an agreement within 30 days of the initiation of such consultations on a solution to avoid the application of the safeguard measures, the Party intending to apply safeguard measures may apply the provisions of Article XIX of GATT 1994 and of the WTO Agreement on Safeguards.
5. In the selection of safeguard measures pursuant to this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the objectives of this Agreement. Such measures shall not go beyond what is necessary to remedy the difficulties arising and shall maintain the level or margin of preference granted pursuant to this Agreement.
6. The Party intending to apply safeguard measures pursuant to this Article shall offer the other Party compensation in the form of liberalisation of trade vis-à-vis imports from the latter; that compensation will be essentially equivalent to the adverse trade effects of the measures on the other Party with effect from the date of their implementation. The offer shall be made before the safeguard measure is adopted and concurrently with the notification of and referral to the Association Committee, in accordance with paragraph 3. If the Party whose product is the intended subject of the safeguard measure considers the offer of compensation unsatisfactory, the two Parties may agree to other forms of trade compensation in the framework of the consultations referred to in paragraph 3.
7. If the Parties fail to agree on the matter of compensation within 30 days of the initiation of the above consultations, the Party whose product is the subject of safeguard measures may adopt compensatory tariff measures having trade effects essentially equivalent to the safeguard measure adopted pursuant to this Article.
Where compliance with the provisions of Article 17(3) leads to:
(i)
re-export towards a third country against which the exporting party maintains, for the product concerned, quantitative export restrictions, export duties, or measures having equivalent effect,
or
(ii)
a serious shortage, or threat thereof, of a product essential to the exporting party;
and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 26. The measures shall be non-discriminatory and shall be abolished when conditions no longer justify their maintenance.
1. In the event of the Community or Algeria subjecting imports of products liable to give rise to the difficulties referred to in Article 24 to an administrative procedure having as its purpose the rapid supply of information on trade flow trends, it shall inform the other Party.
In the cases specified in Articles 22 and 25, before taking the measures provided for therein or, in cases to which paragraph 2(c) of this Article applies, as soon as possible, the Community or Algeria, as the case may be, shall supply the Association Committee with all relevant information with a view to seeking a solution acceptable to the two Parties.
In the selection of measures, priority shall be given to those which least disturb the functioning of this Agreement.
2. For the implementation of the second subparagraph of paragraph 1, the following provisions shall apply:
(a)
as regards Article 22, the exporting Party shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping within the meaning of Article VI of GATT 1994 or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures;
(b)
as regards Article 25, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Committee.
The Association Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting party may apply appropriate measures on the exportation of the product concerned;
(c)
where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Algeria, whichever is concerned, may, in the situations specified in Articles 22 and 25, apply forthwith the precautionary measures strictly necessary to deal with the situation and shall inform the other Party immediately thereof.
Nothing in this Agreement shall preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security, of the protection of health and life of humans, animals or plants, of the protection of national treasures possessing artistic, historic or archaeological value, of the protection of intellectual, industrial and commercial property or of regulations concerning gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
The concept of ‘originating products’ for the application of the provisions of the present Title and the methods of administrative cooperation relating to them are set out in Protocol No 6.
The Combined Nomenclature of goods shall be applied to the classification of goods for imports into the Community. The Algerian customs tariff shall be applied to the classification of goods for imports into Algeria.
TITLE III — TRADE IN SERVICES
Reciprocal commitments
1. The European Community and its Member States shall extend to Algeria the treatment which they are obliged to grant under Article II. I of the General Agreement on Trade in Services, hereinafter referred to as GATS.
2. The European Community and its Member States shall grant to Algerian service suppliers no less favourable treatment than that accorded to like service suppliers as specified in the schedule of specific commitments taken by the European Community and its Member States under the GATS to which it is annexed.
3. This treatment shall not apply to advantages accorded by either Party under the terms of an agreement of the type defined in Article V of the GATS or to measures taken on the basis of such an agreement and to other advantages granted in accordance with the list of most-favoured-nation exemptions annexed by the European Community and its Member States to the GATS.
4. Algeria shall grant no less favourable treatment to service suppliers of the European Community and its Member States than that specified in Articles 31 to 33.
Cross-border supply of services
With regard to the supply of services by Community service suppliers into the territory of Algeria, other than through a commercial presence or the presence of natural persons, as referred to in Articles 32 and 33, Algeria shall grant treatment to Community service suppliers no less favourable than that accorded to companies of any third country.
Commercial presence
1.
(a)
Algeria shall grant for the establishment of Community companies in its territory treatment no less favourable than that accorded to companies of any third country;
(b)
Algeria shall grant to subsidiaries and branches of Community companies, established in its territory in accordance with its legislation, in respect of their operations, treatment no less favourable than that accorded to its own companies or branches, or to Algerian subsidiaries or branches of companies of any third country, whichever is the better.
2. The treatment referred to in paragraph 1(a) and (b) shall be granted to companies, subsidiaries and branches established in Algeria on the date of entry into force of this Agreement and to companies, subsidiaries and branches established there after that date.
Temporary presence of natural persons
1. A Community company or Algerian company established in the territory of Algeria or the Community respectively shall be entitled to temporarily employ, or have temporarily employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host country of establishment, employees who are nationals of Community Member States and Algeria respectively, provided that such employees are key personnel as defined in paragraph 2, and that they are employed exclusively by such companies, subsidiaries or branches. The residence and work permits of such employees shall only cover the period of such employment.
2. Key personnel of the abovementioned companies herein referred to as ‘organisations’ are ‘intra-corporate transferees’ as defined in (c) in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the 12 months immediately preceding such movement:
(a)
persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:
—
directing the establishment or a department or sub-division of the establishment,
—
supervising and controlling the work of other supervisory, professional or managerial employees,
—
having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions,
(b)
persons working within an organisation who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession,
(c)
an ‘intra-corporate transferee’ is defined as a natural person working within an organisation in the territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organisation concerned must have its principal place of business in the territory of a Party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other Party.
3. The entry into and the temporary presence within the respective territories of Algeria and the Community of nationals of the Member States or of Algeria respectively shall be permitted when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a), within a company, and are responsible for the establishment of an Algerian or a Community company, in the Community or Algeria respectively, when:
—
those representatives are not engaged in making direct sales or supplying services, and
—
the company has no other representative, office, branch or subsidiary in a Community Member State or Algeria respectively.
Transport
1. Articles 30 to 33 shall not apply to air, inland waterway or land transport or to national shipping (cabotage), subject to the provisions of paragraphs 2 to 6 of this Article.
2. In respect of activities undertaken by shipping agencies for the provision of international maritime transport services, including inter-modal activities involving a sea leg, each Party shall permit to the companies of the other Party their commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and operation no less favourable than those accorded to its own companies or to subsidiaries or branches of companies of any third country, whichever are the better. Such activities include, but are not limited to:
(a)
marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, whether these services are operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
(b)
purchase and use, on their own account or on behalf of their customer (and the resale to their customers), of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of an integrated service;
(c)
preparation of transport documents, customs documents, or other documents related to the origin and character of the goods transported;
(d)
provision of business information of any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);
(e)
setting up of any business arrangement, including participation in the company's stock and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with any locally established shipping agency;
(f)
acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. With respect to maritime transport, the Parties undertake to apply effectively the principle of unrestricted access to the international market and traffic on a commercial basis.
However, the legislation of each Party shall apply to the preferential right of the national flag for national cabotage and for salvage, towage and pilotage.
These provisions do not prejudice the rights and obligations arising under the United Nations Convention on a Code of Conduct for Liner Conferences, as applicable for either Party to this Agreement. Non-conference lines shall be free to operate in competition with a conference line as long as they adhere to the principle of fair competition on a commercial basis.
The Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade.
4. In applying the principles of paragraph 3 above, the Parties shall:
(a)
not introduce cargo-sharing arrangements in future bilateral Agreements with third countries concerning dry and liquid bulk and liner trade. However, this does not exclude the possibility of such arrangements concerning liner cargo in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;
(b)
abolish, upon entry into force of this Agreement, all unilateral measures, administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.
5. Each Party shall grant, inter alia , a treatment no less favourable than that accorded to its own ships, for the ships used for the transport of goods, passengers or both, sailing under the flag of the other Party or operated by its nationals or companies, with respect to access to ports, the use of infrastructure and auxiliary maritime services of those ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.
6. With a view to coordinated development of transport between the Parties, adapted to their commercial needs, the conditions of mutual market access and provision of air, road, rail and inland waterway transport services may be dealt with by specific arrangements, where appropriate, negotiated between the Parties after the entry into force of this Agreement.
Domestic regulation
1. The provisions of Title III shall not prejudice the application by each Party of any measures necessary to prevent the circumvention of its measures concerning third country access to its market, through the provisions of this Agreement.
2. The provisions of this Title shall be applied subject to limitations justified on grounds of public policy, public security or public health. They shall not apply to activities which in the territory of either Party are connected, even occasionally, with the exercise of official authority.
3. The provisions of this title do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.
4. Notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of the Agreement, they shall not be used as a means of avoiding the obligations of a Party under the Agreement.
5. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.
6. For the purpose of the movement of natural persons supplying a service, nothing in this Agreement shall prevent the Parties from applying their laws and regulations regarding entry and stay, work, labour conditions and establishment of natural persons and supply of services, provided that, in so doing, they do not apply them in a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of the Agreement. The above provision does not prejudice the application of paragraph 2.
Definitions
For the purposes of this Agreement:
(a)
a ‘service supplier’ shall mean any natural or legal person who supplies a service from the territory of one Party into the territory of the other Party, in the territory of one Party to the service consumer of the other Party, through commercial presence (establishment) in the territory of the other Party and through the presence of a natural person of a Party in the territory of the other Party;
(b)
a ‘Community company’ or ‘Algerian company’ respectively shall mean a company set up in accordance with the laws of a Member State or of Algeria respectively and having its registered office or central administration or principal place of business in the territory of the Community or Algeria respectively.
However, should the company, set up in accordance with the laws of a Member State or Algeria respectively, have only its registered office in the territory of the Community or Algeria respectively, the company shall be considered a Community or Algerian company respectively if its operations possess a real and continuous link with the economy of one of the Member States or Algeria respectively;
(c)
‘subsidiary’ of a company shall mean a company which is controlled by the first company;
(d)
‘branch’ of a company shall mean a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will, if necessary, be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;
(e)
‘establishment’ shall mean the right of Community or Algerian companies as referred to in subparagraph (b) to take up economic activities by means of the setting-up of subsidiaries and branches in Algeria or in the Community respectively;
(f)
‘operation’ shall mean the pursuit of economic activities;
(g)
‘economic activities’ shall mean activities of an industrial, commercial and professional character;
(h)
‘national of a Member State or of Algeria’ shall mean a natural person who is a national of one of the Member States or of Algeria respectively.
With regard to international maritime transport, including inter-modal operations involving a sea leg, nationals of the Member States or of Algeria established outside the Community or Algeria respectively, and shipping companies established outside the Community or Algeria and controlled by nationals of a Member State or Algerian nationals respectively, shall also be subject to the provisions of this Title if their vessels are registered in that Member State or in Algeria respectively in accordance with their respective legislations.
General provisions
1. The Parties shall avoid taking any measures or actions which render the conditions for the establishment and operation of each other's companies more restrictive than the situation existing on the day preceding the date of signature of this Agreement.
2. The Parties undertake to consider development of this Title with a view to the establishment of an ‘economic integration agreement’ as defined in Article V of GATS. In making such recommendations, the Association Council shall take account of past experience of implementation of the most-favoured-nation treatment and of the obligations of each Party under the GATS, and in particular Article V thereof.
The Association Council shall also, when making such examination, take into account progress made in the approximation of laws between the Parties in the relevant activities. This objective shall be subject to a first examination by the Association Council at the latest five years after the entry into force of this Agreement.
TITLE IV — PAYMENTS, CAPITAL, COMPETITION AND OTHER ECONOMIC PROVISIONS
CHAPTER 1 — Current payments and movement of capital
Subject to the provisions of Article 40, the Parties undertake to allow all current payments for current transactions to be made in a freely convertible currency.
1. The Community and Algeria shall ensure, from the entry into force of the Agreement, that capital relating to direct investments in Algeria in companies formed in accordance with current laws can move freely and that the yield from such investments and any profit stemming therefrom can be liquidated and repatriated.
2. The Parties shall consult each other and cooperate with a view to establishing the necessary conditions for facilitating and fully liberalising the movement of capital between the Community and Algeria.
Where one or more Member States of the Community, or Algeria, is in serious balance of payments difficulties, or under threat thereof, the Community or Algeria, as the case may be, may, in accordance with the conditions established under the General Agreement on Tariffs and Trade and Articles VIII and XIV of the Articles of Agreement of the International Monetary Fund, adopt restrictions on current transactions which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Algeria, as the case may be, shall inform the other Party forthwith and shall submit to it as soon as possible a timetable for the abolition of the measures concerned.
CHAPTER 2 — Competition and other economic matters
1. The following are incompatible with the proper functioning of the Agreement, insofar as they may affect trade between the Community and Algeria:
(a)
all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;
(b)
abuse by one or more undertakings of a dominant position in:
—
the whole of the territory of the Community or in a substantial part thereof,
—
the whole of the territory of Algeria or in a substantial part thereof.
2. The Parties shall ensure administrative cooperation in the implementation of their respective competition legislations and exchange information taking into account the limitations imposed by the requirements of professional and business secrecy in accordance with the procedures laid down in Annex 5 to this Agreement.
3. If the Community or Algeria considers that a particular practice is incompatible with the terms of paragraph 1, and if such practice causes or threatens to cause serious prejudice to the interest of the other Party, it may take appropriate measures after consultation within the Association Committee or after 30 working days following referral for such consultation.
The Member States and Algeria shall progressively adjust, without prejudice to their commitments to the GATT, any State monopolies of a commercial character, so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and Algeria. The Association Committee will be informed about the measures adopted to implement this objective.
With regard to public enterprises and enterprises which have been granted special or exclusive rights, the Association Council shall ensure, from the fifth year following the entry into force of this Agreement, that no measure which disturbs trade between the Community and Algeria in a manner which runs counter to the interests of the Parties is adopted or maintained. This provision should not obstruct the performance in law or in fact of the particular tasks assigned to these enterprises.
1. The Parties shall provide suitable and effective protection of intellectual, industrial and commercial property rights, in line with the highest international standards. This shall encompass effective means of enforcing such rights.
2. Implementation of this Article and of Annex 6 shall be regularly assessed by the Parties. If difficulties which affect trade arise in connection with intellectual, industrial and commercial property rights, either Party may request urgent consultations to find mutually satisfactory solutions.
The Parties undertake to adopt appropriate measures to ensure the protection of personal data in order to eliminate barriers to the free movement of such data between the Parties.
1. The Parties shall set as their objective a reciprocal and gradual liberalisation of public procurement contracts.
2. The Association Council shall take the steps necessary to implement paragraph 1.
TITLE V — ECONOMIC COOPERATION
Objectives
1. The Parties undertake to step up economic cooperation in their mutual interest and in the spirit of partnership which is at the root of this Agreement.
2. The objective of economic cooperation shall be to support Algeria's own efforts to achieve sustainable economic and social development.
3. Such economic cooperation is in keeping with the objectives set out in the Barcelona Declaration.
Scope
1. Cooperation will be targeted first and foremost at areas of activity suffering the effects of internal constraints and difficulties or affected by the process of liberalising Algeria's economy as a whole, and more particularly by the liberalisation of trade between Algeria and the Community.
2. Similarly, cooperation shall focus on areas likely to bring the economies of the Community and Algeria closer together, particularly those which will generate growth and employment, and foster the development of trade flows between Algeria and the Community, notably by encouraging the diversification of Algerian exports.
3. Cooperation shall foster economic integration within the Maghreb group of countries using any measures likely to further such relations within the region.
4. Preservation of the environment and ecological balances shall constitute a central component of the various fields of economic cooperation.
5. The Parties may determine by agreement other fields of economic cooperation.
Methods
Economic cooperation shall be implemented in particular by:
(a)
regular economic dialogue between the Parties covering all areas of macro-economic policy;
(b)
communication and exchanges of information;
(c)
transfer of advice, expertise and training;
(d)
implementation of joint actions;
(e)
technical, administrative and regulatory assistance;
(f)
measures to support partnerships and direct investment by operators, in particular private operators, and privatisation programmes.
Regional Cooperation
In order to maximise the impact of this Agreement vis-à-vis the development of the Euro-Mediterranean partnership and within the countries of the Maghreb, the Parties shall foster all activities which have a regional impact or involve third countries, notably:
(a)
economic integration;
(b)
development of economic infrastructure;
(c)
environmental matters;
(d)
scientific and technological research;
(e)
education, teaching and training;
(f)
cultural matters;
(g)
customs matters;
(h)
regional institutions and the establishment of common or harmonised programmes and policies.
Scientific, technical and technological cooperation
Cooperation shall be aimed at:
(a)
encouraging the establishment of permanent links between the Parties' scientific communities, notably by means of:
—
the access of Algeria to Community technological research and development programmes, in conformity with Community provisions concerning the participation of third countries in those programmes;
—
the participation of Algeria in decentralised cooperation networks;
—
the promotion of synergy between training and research;
(b)
strengthening research capacity in Algeria;
(c)
stimulating technological innovation, the transfer of new technologies and know-how, implementation of technological research and development projects and optimisation of the results of scientific and technical research;
(d)
encouraging all activities aimed at establishing synergy at regional level.
Environment
1. The Parties shall encourage cooperation in preventing deterioration of the environment, controlling pollution and ensuring the rational use of natural resources, with a view to ensuring sustainable development and guaranteeing the quality of the environment and the protection of public health.
2. Cooperation shall in particular focus on:
—
issues related to desertification,
—
rational water resource management,
—
salinisation,
—
the impact of agriculture on soil and water quality,
—
the appropriate use of energy and transport,
—
the impact of industrial development on the environment, in particular the safety of industrial plant,
—
waste management, in particular toxic waste,
—
the integrated management of sensitive areas,
—
the control and prevention of urban, industrial and marine pollution,
—
use of advanced environmental management and monitoring tools, particularly environmental information and statistical systems,
—
technical assistance, in particular for the preservation of bio-diversity.
Industrial cooperation
Cooperation shall be aimed at:
(a)
encouraging or supporting measures designed to promote direct investment and industrial partnership ventures in Algeria;
(b)
encouraging direct cooperation between the Parties' economic operators, including cooperation in the context of access for Algeria to Community business networks and decentralised cooperation networks;
(c)
backing the effort to modernise and restructure Algeria's public and private sector industry (including the agri-food industry);
(d)
fostering the development of small- and medium-sized enterprises;
(e)
fostering an environment which favours private initiative, with the aim of stimulating and diversifying output for the domestic and export markets;
(f)
making the most of Algeria's human resources and industrial potential through better use of policy in the fields of innovation and research and technological development;
(g)
supporting the restructuring of industry and the industrial upgrading programme with a view to the creation of the free trade area so as to make products more competitive;
(h)
contributing to the development of exports of Algerian manufactures.
Promotion and protection of investments
The aim of cooperation shall be to create a favourable climate for investment flows, in particular by means of the following:
(a)
the establishment of harmonised and simplified procedures, co-investment machinery (especially to link small and medium-sized enterprises) and methods of identifying and providing information on investment opportunities;
(b)
a legal environment conducive to investment between the two Parties, where appropriate through the conclusion by the Member States and Algeria of investment protection agreements, and agreements to prevent double taxation;
(c)
technical assistance to schemes to promote and guarantee national and foreign investments.
Standardisation and conformity assessment
Cooperation shall aim at reducing divergences in standardisation and certification.
Cooperation shall be realised in particular through:
—
encouraging the use of European standards and conformity assessment procedures and techniques;
—
upgrading Algerian conformity assessment and metrology bodies and helping to establish the necessary conditions for the eventual negotiation of mutual recognition agreements in these fields;
—
cooperation in the area of quality management;
—
providing assistance to the Algerian bodies responsible for intellectual, industrial and commercial property and for standardisation and quality.
Approximation of laws
Cooperation shall be aimed at helping Algeria to bring its legislation closer to that of the Community in the areas covered by this Agreement.
Financial services
Cooperation shall be aimed at the improvement and development of financial services.
This will basically involve:
—
the exchange of information concerning financial regulations and practices and training schemes, in particular with a view to the creation of small and medium-sized enterprises;
—
support for the reform of Algeria's banking and financial system, including development of the stock market.
Agriculture and fisheries
Cooperation shall be aimed at the modernisation and restructuring, where necessary, of the agriculture, forestry and fisheries sectors.
It shall in particular be aimed at:
—
support for policies geared to developing and diversifying production,
—
food security,
—
integrated rural development, including improvement of basic services and development of ancillary economic activities,
—
promoting environmentally-friendly forms of agriculture and fisheries,
—
the evaluation and rational management of natural resources,
—
establishing closer relations, on a voluntary basis, between enterprises, groupings and professional organisations representing the agricultural, fisheries and agri-business sectors,
—
technical assistance and training,
—
harmonising phytosanitary and veterinary standards and checks,
—
cooperation between rural areas, exchange of experience and know-how on rural development,
—
support for privatisation,
—
the evaluation and rational management of fish stocks,
—
support for research programmes.
Transport
The aims of cooperation shall be:
—
to support the restructuring and modernisation of transport,
—
to improve the movement of passengers and goods,
—
the establishment and enforcement of operating standards comparable to those prevailing in the Community.
The priority areas of cooperation shall be:
—
road transport, including the gradual improvement of transit,
—
the management of railways, airports and ports and cooperation between the relevant national authorities,
—
modernisation of road, rail, port and airport infrastructure on major trans-European routes of mutual interest and routes of regional interest, and navigation aids,
—
upgrading of technical equipment to bring it up to Community standards for road/rail t ransport, inter-modal transport, containerisation and transhipment,
—
technical assistance and training.
Information society and telecommunications
Cooperation in this field shall focus in particular on:
—
a dialogue on issues related to the different aspects of the information society, including telecommunications policies,
—
the exchange of information and provision of any technical assistance required on regulations and standardisation, conformity testing and certification of information and communication technologies,
—
the dissemination of advanced information and telecommunication technologies, including satellite technology and information services and technologies,
—
the promotion and implementation of joint projects for research, technical development or industrial applications in information technologies, communications, telematics and information society,
—
giving Algerian bodies the opportunity to participate in pilot projects and European programmes under the specific arrangements pertaining to them in the sectors concerned;
—
the interconnection and interoperability of Community and Algerian networks and telematic services,
—
technical assistance with the planning and management of the radio frequency spectrum with a view to coordinated and effective use of radio communications in the Euro-Mediterranean region.
Energy and mining
The aims of cooperation in the energy and mining sectors shall be:
(a)
institutional, legislative and regulatory upgrading to ensure that activities are regulated and investment promoted;
(b)
technical and technological upgrading to prepare energy and mining companies for the requirements of the market economy and competition;
(c)
the development of partnerships between European and Algerian companies in the activities of exploration, production, processing, distribution and services in the energy and mining sectors.
The priority areas of cooperation in this respect shall be:
—
adaptation of the institutional, legislative and regulatory framework of activities in the energy and mining sectors to market economy rules by means of technical, administrative and regulatory assistance,
—
support for efforts to restructure public enterprises in the energy and mining sectors,
—
building partnerships in the areas of,
—
oil and gas exploration, production and processing,
—
electricity production,
—
distribution of petroleum products,
—
production of equipment and services used in the production of energy products,
—
developing and transforming the potential of mining,
—
development of gas, oil and electricity distribution,
—
support for the modernisation and development of energy networks and for their linking to European Community networks,
—
the setting-up of databases on the mining and energy sectors,
—
the support and promotion of private investment in energy and mining sector activities,
—
the environment, the development of renewable energies and energy efficiency,
—
the promotion of technology transfers in the energy and mining sectors.
Tourism and the craft sector
Cooperation in this field will principally be aimed at:
—
stepping up the exchange of information on flows and policies on tourism, spa tourism and craft trades,
—
stepping up hotel administration and management training schemes and training in other areas of the tourism and craft sectors,
—
promoting exchanges of experiences with a view to the smooth and sustainable development of tourism,
—
encouraging youth tourism,
—
helping Algeria to develop its potential in the area of tourism, spas and crafts and to improve the image of its tourism products,
—
supporting privatisation.
Cooperation in customs matters
1. The aim of cooperation shall be to ensure compliance with the free trade arrangements. The priority areas shall be:
(a)
the simplification of customs controls and procedures;
(b)
the introduction of a single administrative document similar to the Community's and a possible link-up between the Community and Algerian transit systems.
Technical assistance may be provided where necessary.
2. Without prejudice to other forms of cooperation envisaged in this Agreement, notably for the fight against drugs and money laundering, the administrative authorities of the Contracting Parties shall provide mutual assistance in accordance with the provisions of Protocol No 7.
Cooperation in statistics
The main objective of cooperation in this sphere should be to ensure, in particular through the harmonisation of the methods used by the Parties, the comparability and usefulness of statistics on foreign trade, public finance and balance of payments, population, migration, transport and communications, and generally all the fields covered by this Agreement. Technical assistance may be provided where necessary.
Cooperation on consumer protection
1. The Parties agree that cooperation in this area should be aimed at making their respective consumer protection systems compatible.
2. Cooperation shall focus mainly on:
(a)
the exchange of information on legislative activities and exchanges of experts, in particular consumer interest representatives;
(b)
the organisation of seminars and training courses;
(c)
the establishment of permanent systems of mutual information on dangerous products, i.e. those which constitute a hazard to health or consumer safety;
(d)
improving information provided to consumers especially on prices, characteristics of products and services offered;
(e)
institutional reforms;
(f)
technical assistance;
(g)
the establishment of Algerian laboratories for comparative analysis and testing and assistance with the introduction of a decentralised consumer information system;
(h)
assistance with the organisation and introduction of a warning system to be integrated into the European system.
Given the particularities of the Algerian economy, both Parties shall establish the methods and procedures for implementing the economic cooperation activities agreed pursuant to this Title in order to support the process of modernising the Algerian economy and the creation of the free trade area.
The identification and evaluation of requirements and the procedures for implementing the economic cooperation activities shall be examined in a framework to be introduced in accordance with the conditions laid down in Article 98.
The Parties shall agree on the priorities to be carried out in the abovementioned framework.
TITLE VI — SOCIAL AND CULTURAL COOPERATION
1. Each Member State shall accord to workers of Algerian nationality employed in its territory treatment which is free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals.
2. All Algerian workers allowed to undertake paid employment in the territory of a Member State on a temporary basis shall be covered by the provisions of paragraph 1 with regard to working conditions and remuneration.
3. Algeria shall accord the same treatment to workers who are nationals of a Member State and employed in its territory.
1. Subject to the provisions of the following paragraphs, workers of Algerian nationality and any members of their families living with them shall enjoy, in the field of social security, treatment free from any discrimination based on nationality relative to nationals of the Member States in which they are employed.
The term ‘social security’ shall cover the branches of social security dealing with sickness and maternity benefits, invalidity, old-age and survivors’ benefits, industrial accident and occupational disease benefits and death, unemployment and family benefits.
These provisions shall not, however, cause the other coordination rules provided for in Community legislation based on Article 42 of the Treaty establishing the European Community to apply, except under the conditions set out in Article 70 of this Agreement.
2. All periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and survivors’ benefits, family, sickness and maternity benefits, and medical care for the workers and for members of their families resident in the Community.
3. The workers in question shall receive family allowances for members of their families who are resident in the Community.
4. The workers in question shall be able to transfer freely to Algeria, at the rates applied by virtue of the legislation of the debtor Member State or States, any pensions or annuities in respect of old age, survivor status, industrial accident or occupational disease, or of invalidity resulting from industrial accident or occupational disease, except in the case of special non-contributory benefits.
5. Algeria shall accord to workers who are nationals of a Member State and employed in its territory, and to the members of their families, treatment similar to that specified in paragraphs 1, 3 and 4.
The provisions of this Chapter shall apply to nationals of the Parties residing or working legally in the territory of their host countries.
1. Before the end of the first year following the entry into force of this Agreement, the Association Council shall adopt provisions to implement the principles set out in Article 68.
2. The Association Council shall adopt detailed rules for administrative cooperation providing the necessary management and monitoring guarantees for the application of the provisions referred to in paragraph 1.
The provisions adopted by the Association Council in accordance with Article 70 shall not affect any rights or obligations arising from bilateral agreements linking Algeria and the Member States where those agreements provide for more favourable treatment of nationals of Algeria or of the Member States.
CHAPTER 2 — Dialogue in social matters
1. The Parties shall conduct regular dialogue on any social matter which is of interest to them.
2. Such dialogue shall be used to find ways to achieve progress in the field of movement of workers and equal treatment and social integration for Algerian and Community nationals residing legally in the territories of their host States.
3. The dialogue shall cover, inter alia , all issues related to:
(a)
the living and working conditions of workers and their dependants;
(b)
migration;
(c)
illegal immigration and the conditions governing the return of individuals who are in breach of the legislation dealing with the right to stay and the right of establishment in the host State;
(d)
schemes and programmes to encourage equal treatment between Algerian and Community nationals, mutual knowledge of cultures and civilisations, the furthering of tolerance and the removal of discrimination.
Dialogue on social matters shall be conducted at the same levels and in accordance with the same procedures as provided for in Title I of this Agreement, which can itself provide a framework for that dialogue.
CHAPTER 3 — Cooperation in the social field
1. The Parties recognise the importance of social development, which must go hand in hand with economic development. They will give priority to respect for fundamental social rights.
2. With a view to consolidating cooperation between the Parties in the social field, projects and programmes shall be carried out in any area of interest to them.
In this context, the following shall be priority measures:
(a)
contributing to the improvement of living conditions, job creation and the development of training in areas from which emigrants come;
(b)
resettling those repatriated because of their illegal status under the legislation of the state in question;
(c)
productive investment or the creation of businesses in Algeria by Algerian workers legally settled in the Community;
(d)
promoting the role of women in the economic and social development process through education and the media, in keeping with Algerian policy;
(e)
bolstering Algerian family planning and mother and child protection programmes;
(f)
improving the social welfare and health systems;
(g)
implementing and financing exchange and leisure programmes for mixed groups of Algerian and European young people residing in the Member States, with a view to promoting mutual knowledge of their respective cultures and fostering tolerance;
(h)
improving living conditions in poor areas;
(i)
promoting socio-professional dialogue;
(j)
promoting respect for human rights in the socio-professional context;
(k)
contributing to the development of the housing sector, especially with regard to low-cost housing;
(l)
alleviating the adverse impact of the adjustment of economic and social structures;
(m)
improving the vocational training system.
Cooperation schemes may be carried out in conjunction with the Member States and the relevant international organisations.
A working party shall be set up by the Association Council by the end of the first year following the entry into force of this Agreement. It shall be responsible for the continuous and regular evaluation of the implementation of Chapters 1 to 3.
CHAPTER 4 — Cooperation in the fields of education and culture
This Agreement shall aim to promote the exchange of information and cultural cooperation, taking account of bilateral schemes in the Member States.
Greater knowledge and better mutual understanding of the respective cultures will be promoted.
Special attention must be paid to promoting joint activities in various fields, including the press, cinema and television, and to encouraging youth exchange schemes.
This cooperation could cover the following areas:
—
literary translation,
—
conservation and restoration of monuments and sites of historical and cultural interest,
—
training of persons working in the cultural field,
—
exchanges of artists and works of arts,
—
organisation of cultural events,
—
raising mutual awareness and disseminating information on important cultural events,
—
encouragement of cooperation in the audiovisual field, particularly training and co-production,
—
distribution of literary, technical and scientific journals and publications.
The aim of cooperation in the field of education and training shall be to:
(a)
contribute to the improvement of the education and training system, including vocational training;
(b)
place special emphasis on giving the female population access to education, including technical training, higher education and vocational training;
(c)
develop the level of expertise of senior staff in the public and private sectors;
(d)
encourage the establishment of lasting links between specialist bodies on the Parties' territories in order to pool and exchange experience and methods.
TITLE VII — FINANCIAL COOPERATION
In order to support the objectives of this Agreement, Algeria shall receive financial cooperation Algeria in accordance with the appropriate procedures and with the appropriate financial resources.
These procedures shall be adopted by mutual agreement between the Parties by means of the most suitable instruments once this Agreement enters into force.
In addition to the areas covered by Titles V and VI of this Agreement, cooperation shall apply to the following:
—
facilitating reforms designed to modernise the economy, including rural development,
—
upgrading economic infrastructure,
—
promoting private investment and job-creating activities,
—
offsetting the effects on the Algerian economy of the progressive introduction of a free trade area, in particular where the updating and restructuring of industry is concerned,
—
accompanying measures for policies implemented in the social sectors.
Within the framework of the Community instruments designed to support structural adjustment programmes in the Mediterranean countries in order to restore key financial equilibria and create an economic environment conducive to faster growth and enhanced social welfare, the Community and Algeria, in close coordination with other contributors, in particular the international financial institutions, shall adapt the instruments intended to accompany development and liberalisation policies for the Algerian economy.
In order to ensure a coordinated approach to dealing with any exceptional macroeconomic or financial problems which might stem from the progressive implementation of the provisions of this Agreement, the Parties shall closely monitor the development of trade and financial relations between the Community and Algeria as part of the regular economic dialogue established under Title V.
TITLE VIII — COOPERATION IN THE FIELD OF JUSTICE AND HOME AFFAIRS
Institution-building and the rule of law
In their cooperation in the field of justice and home affairs, the Parties shall attach particular importance to institution-building in the areas of law enforcement and the machinery of justice. This includes the consolidation of the rule of law.
In this context the Parties shall also ensure that the rights of nationals of both Parties are respected without discrimination in the territory of the other Party.
The provisions of this Article do not relate to differences of treatment based on nationality.
Movement of persons
Desirous of facilitating the movement of persons between them, the Parties shall ensure, in accordance with the relevant Community and national legislation in force, that the formalities for the issue of visas are carefully applied and executed and shall agree to examine, within the limits of their powers, ways of simplifying and speeding up the issue of visas to persons contributing to the implementation of this Agreement. The Association Committee shall periodically examine the implementation of this Article.
Cooperation in the prevention and control of illegal immigration; readmission
1. The Parties reaffirm the importance which they attach to the development of mutually beneficial cooperation in relation to the exchange of information on illegal immigration flows and agree to cooperate in order to prevent and control illegal immigration. To this end:
—
Algeria, on the one hand, and each Member State of the Community, on the other hand, agree to readmit any of their nationals illegally present on the territory of the other Party after the necessary identification formalities have been completed,
—
Algeria and the Member States of the Community shall provide their nationals with the appropriate identity documents for this purpose.
2. Desirous of facilitating the movement and residence of their nationals whose status is regular, the Parties agree to negotiate, at the request of either Party, the conclusion of agreements on combating illegal immigration and on readmission. If either Party considers it necessary, such agreements shall cover the readmission of nationals of other countries arriving in their territory direct from the territory of the other. The practical arrangements for the implementation of the abovementioned agreements shall be laid down, where appropriate, by the Parties in the agreements themselves or in their implementing protocols.
3. The Association Council shall examine the possibility of other forms of joint action for the prevention and control of illegal immigration, including ways of detecting forged documents.
Legal and judicial cooperation
1. The Parties agree that cooperation in the legal and judicial fields is essential and a necessary adjunct to the other forms of cooperation provided for in this Agreement.
2. Such cooperation may include, where appropriate, the negotiation of agreements in these fields.
3. Civil judicial cooperation will in particular cover:
—
strengthening mutual assistance with regard to cooperation in the handling of disputes or cases of a civil, commercial or family nature,
—
the exchange of experience in relation to managing and improving the administration of civil justice.
4. Criminal judicial cooperation will cover:
—
strengthening existing mutual assistance or extradition arrangements,
—
the development of exchanges, in particular in relation to the practice of criminal judicial cooperation, the protection of individual rights and freedoms, action against organised crime and improving the efficiency of criminal justice.
5. Cooperation in this area shall in particular include the introduction of specialist training courses.
Preventing and tackling organised crime
1. The Parties agree to cooperate in order to prevent and fight organised crime, in particular in the following fields: human trafficking; exploitation for sexual purposes; the illicit traffic of prohibited, counterfeited or pirated products, and illegal transactions concerning, in particular, industrial refuse or radioactive material; corruption; the trafficking of stolen cars; the trafficking of firearms and explosives; computer crime; and trafficking in cultural goods.
The Parties shall cooperate closely in order to establish appropriate mechanisms and standards.
2. Technical and administrative cooperation in this field may include training and improving the effectiveness of the authorities and bodies responsible for fighting and preventing crime and the design of crime prevention measures.
Combating money laundering
1. The Parties agree on the need to work towards and cooperate on preventing the use of their financial systems to launder the proceeds of criminal activities in general and drug trafficking in particular.
2. Cooperation in this area shall include administrative and technical assistance with the purpose of adopting and implementing suitable standards against money laundering equivalent to those adopted by the Community and international authorities active in this field, including the Financial Action Task Force (FATF).
3. Cooperation shall have the objective of:
(a)
training agents of the services responsible for preventing, detecting and combating money laundering, and officials of the judiciary;
(b)
appropriate support for the creation of specialist institutions and the strengthening of existing institutions.
Combating racism and xenophobia
The Parties agree to take appropriate steps to prevent and combat discrimination in all its forms and manifestations, whether it be on grounds of race, ethnic origin or religion, particularly in the fields of education, employment, training and housing.
Public information and awareness campaigns will be organised to this end.
The Parties shall in particular ensure in this context that all persons who consider themselves victims of such discrimination have access to judicial and administrative procedures.
The provisions of this Article do not relate to differences of treatment based on nationality.
Combating drugs and drug addiction
1. Cooperation shall be aimed at:
(a)
improving the effectiveness of policies and measures to prevent and combat the growing, production, supply and consumption of, and trafficking in, narcotics and psychotropic substances;
(b)
eliminating illicit consumption of such products.
2. The Parties shall determine together, in accordance with their respective laws, the strategies and cooperation methods appropriate for attaining these objectives. Their operations, other than joint operations, shall be the subject of consultation and close coordination.
Such action may involve the appropriate public and private sector institutions and international organisations, in collaboration with the Government of Algeria and the relevant authorities in the Community and the Member States.
3. Cooperation shall take the following forms in particular:
(a)
establishment or extension of social and health institutions and information centres for the treatment and rehabilitation of drug addicts;
(b)
the implementation of prevention, information, training and epidemiological research projects;
(c)
the establishment of standards for preventing diversion of precursors and other essential ingredients for the illicit manufacture of narcotics and psychotropic substances, which are equivalent to those adopted by the Community and the appropriate international authorities;
(d)
support for the creation of special anti-drug trafficking services.
4. Both Parties shall encourage cooperation at regional and sub-regional level.
Fight against terrorism
In accordance with the international conventions to which they are party and with their respective laws and regulations, both Parties agree to cooperate with a view to preventing and penalising acts of terrorism:
—
through the implementation in its entirety of United Nations Security Council resolution 1373 and other related resolutions,
—
through the exchange of information on terrorist groups and their support networks in accordance with international and national law,
—
by pooling experience of means and practices for combating terrorism, including experience in the technical and training fields.
Fight against corruption
1. The Parties agree to cooperate, on the basis of the relevant international legal instruments, on action to combat corruption in international business transactions:
—
by taking effective practical measures against all forms of corruption, bribery and illicit activities of every sort in international business transactions practised by individuals or corporate bodies,
—
by providing mutual assistance in criminal investigations into acts of corruption.
2. Cooperation shall also cover technical assistance for the training of officials and magistrates responsible for tackling corruption and support for initiatives designed to organise action against this form of crime.
TITLE IX — INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
An Association Council is hereby established which shall meet at ministerial level once a year, where possible, on the initiative of its Chair and in accordance with the conditions laid down in its rules of procedure.
It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.
1. The Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of Algeria, on the other.
2. Members of the Association Council may arrange to be represented in accordance with the provisions laid down in its rules of procedure.
3. The Association Council shall establish its rules of procedure.
4. The Association Council shall be chaired in turn by a member of the Council of the European Union and a member of the Government of Algeria in accordance with the provisions laid down in its rules of procedure.
The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein.
These decisions shall be binding on the Parties which shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations.
It shall draw up its decisions and recommendations by agreement between the Parties.
1. Subject to the powers conferred upon the Association Council, an Association Committee is hereby established which shall be responsible for the implementation of this Agreement.
2. The Association Council may delegate to the Association Committee, in full or in part, any of its powers.
1. The Association Committee, which shall meet at official level, shall consist of representatives of members of the Council of the European Union and of the Commission of the European Communities, on the one hand, and of representatives of the Government of Algeria, on the other.
2. The Association Committee shall establish its rules of procedure.
3. The Association Committee shall meet in the Community or in Algeria.
The Association Committee shall have the power to take decisions for the management of this Agreement as well as in those areas in which the Association Council has delegated its powers to it.
Decisions shall be adopted by agreement between the Parties and shall be binding on the Parties, which shall take the measures necessary to implement them.
The Association Council may decide to set up any working group or body necessary for the implementation of this Agreement.
The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the parliamentary institutions of Algeria, and between the Economic and Social Committee of the Community and its counterpart in Algeria.
1. Each of the Parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.
2. The Association Council may settle the dispute by means of a decision.
3. Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.
4. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one party to the dispute.
The Association Council shall appoint a third arbitrator.
The arbitrators’ decisions shall be taken by majority vote.
Each party to the dispute must take the steps required to implement the decision of the arbitrators.
Supplementary provisions
List of agricultural and processed agricultural products falling within HS chapters 25 to 97 referred to in articles 7 and 14
ANNEX 1Supplementary provisions
ANNEX 1
List of agricultural and processed agricultural products falling within HS chapters 25 to 97 referred to in articles 7 and 14
HS code
2905 43
(mannitol)
HS code
2905 44
(sorbitol)
HS code
2905 45
(glycerol)
HS heading
3301
(essential oils)
HS code
3302 10
(odoriferous substances)
HS headings
3501 to 3505
(albuminoidal substances, modified starches, glues)
HS code
3809 10
(finishing agents)
HS heading
3823
industrial fatty alcohols).
HS code
3824 60
(sorbitol other than sorbitol of 2905 44 )
HS headings
4101 to 4103
(hides and skins)
HS heading
4301
(raw furskins)
HS headings
5001 to 5003
(raw silk and silk waste)
HS headings
5101 to 5103
(wool and animal hair)
HS headings
5201 to 5203
(raw cotton, waste and cotton carded or combed)
HS heading
5301
(raw flax)
HS heading
5302
(raw hemp)
List of products referred to in Article 9(1)
ANNEX 2Supplementary provisions
ANNEX 2
List of products referred to in Article 9(1)
HS Code
2501 00 10
2501 00 90
2502 00 00
2503 00 00
2504 10 00
2504 90 00
2505 10 00
2505 90 00
2506 10 00
2506 21 00
2506 29 00
2507 00 10
2507 00 20
2508 10 00
2508 20 00
2508 30 00
2508 40 10
2508 40 90
2508 50 00
2508 60 00
2508 70 00
2509 00 00
2510 10 00
2510 20 00
2511 10 00
2511 20 00
2512 00 10
2512 00 90
2513 11 00
2513 19 00
2513 20 00
2514 00 00
2515 11 00
2515 12 00
2515 20 10
2515 20 20
2516 11 00
2516 12 00
2516 21 00
2516 22 00
2516 90 00
2517 10 00
2517 20 00
2517 30 00
2517 41 00
2517 49 00
2518 10 00
2518 20 00
2518 30 00
2519 10 00
2519 90 00
2520 10 00
2520 20 00
2521 00 00
2522 10 00
2522 20 00
2522 30 00
2523 10 00
2523 21 00
2523 29 00
2523 30 00
2523 90 00
2524 00 00
2525 10 00
2525 20 00
2525 30 00
2526 10 00
2526 20 00
2528 10 00
2528 90 00
2529 10 00
2529 21 00
2529 22 00
2529 30 00
2530 10 00
2530 20 00
2530 90 00
2601 11 00
2601 12 00
2601 20 00
2602 00 00
2603 00 00
2604 00 00
2605 00 00
2606 00 00
2607 00 00
2608 00 00
2609 00 00
2610 00 00
2611 00 00
2612 10 00
2612 20 00
2613 10 00
2613 90 00
2614 00 00
2615 10 00
2615 90 00
2616 10 00
2616 90 10
2616 90 90
2617 10 00
2617 90 00
2618 00 00
2619 00 00
2620 11 00
2620 19 00
2620 21 00
2620 29 00
2620 30 00
2620 40 00
2620 60 00
2620 91 00
2620 99 00
2621 10 00
2621 90 00
2706 00 00
2707 10 10
2707 10 90
2707 20 10
2707 20 90
2707 30 10
2707 30 90
2707 40 00
2707 50 00
2707 60 00
2707 91 00
2707 99 10
2707 99 20
2707 99 30
2707 99 40
2707 99 90
2708 10 00
2708 20 00
2709 00 10
2710 11 21
2710 11 22
2710 11 23
2710 11 24
2710 11 25
2710 11 29
2710 19 41
2710 19 42
2710 19 43
2710 19 44
2710 19 45
2710 19 46
2710 19 47
2710 19 49
2711 12 20
2711 13 20
2711 14 20
2711 19 20
2711 29 20
2712 10 20
2712 20 20
2712 90 20
2712 90 40
2712 90 90
2713 11 20
2713 12 20
2713 20 20
2713 90 20
2714 10 20
2714 10 40
2714 90 20
2715 00 20
2715 00 40
2715 00 90
2801 10 00
2801 20 00
2801 30 00
2802 00 00
2803 00 00
2804 10 00
2804 21 00
2804 29 00
2804 30 00
2804 40 00
2804 50 00
2804 61 00
2804 69 00
2804 70 00
2804 80 00
2804 90 00
2805 11 00
2805 12 00
2805 19 00
2805 30 00
2805 40 00
2806 10 00
2806 20 00
2807 00 00
2808 00 10
2808 00 20
2809 10 00
2809 20 00
2810 00 00
2811 11 00
2811 19 00
2811 21 00
2811 22 00
2811 23 00
2811 29 00
2812 10 00
2812 90 00
2813 10 00
2813 90 00
2814 10 00
2814 20 00
2815 11 00
2815 12 00
2815 20 10
2815 20 20
2815 30 00
2816 10 00
2816 40 00
2817 00 10
2817 00 20
2818 10 00
2818 20 00
2818 30 00
2819 10 00
2819 90 00
2820 10 00
2820 90 00
2821 10 00
2821 20 00
2822 00 00
2823 00 00
2824 10 00
2824 20 00
2824 90 00
2825 10 00
2825 20 00
2825 30 00
2825 40 00
2825 50 00
2825 60 00
2825 70 00
2825 80 00
2825 90 00
2826 11 00
2826 12 00
2826 19 00
2826 20 00
2826 30 00
2826 90 00
2827 10 00
2827 20 00
2827 31 00
2827 32 00
2827 33 00
2827 34 00
2827 35 00
2827 36 00
2827 39 10
2827 39 90
2827 41 00
2827 49 00
2827 51 00
2827 59 00
2827 60 00
2828 10 00
2828 90 10
2828 90 20
2828 90 90
2829 11 00
2829 19 00
2829 90 10
2829 90 20
2829 90 30
2830 10 00
2830 20 00
2830 30 00
2830 90 10
2830 90 90
2831 10 00
2831 90 00
2832 10 00
2832 20 00
2832 30 00
2833 11 00
2833 19 00
2833 21 00
2833 22 00
2833 23 00
2833 24 00
2833 25 00
2833 26 00
2833 27 00
2833 29 00
2833 30 00
2833 40 00
2834 10 00
2834 21 00
2834 29 10
2834 29 90
2835 10 00
2835 22 00
2835 23 00
2835 24 00
2835 25 00
2835 26 00
2835 29 00
2835 31 00
2835 39 00
2836 10 00
2836 20 00
2836 30 00
2836 40 00
2836 50 00
2836 60 00
2836 70 00
2836 91 00
2836 92 00
2836 99 00
2837 11 00
2837 19 00
2837 20 00
2838 00 00
2839 11 00
2839 19 00
2839 20 00
2839 90 00
2840 11 00
2840 19 00
2840 20 00
2840 30 00
2841 10 00
2841 20 00
2841 30 00
2841 50 00
2841 61 00
2841 69 00
2841 70 00
2841 80 00
2841 90 00
2842 10 00
2842 90 10
2842 90 90
2843 10 00
2843 21 00
2843 29 00
2843 30 00
2843 90 00
2844 10 00
2844 20 00
2844 30 00
2844 40 00
2844 50 00
2845 10 00
2845 90 00
2846 10 00
2846 90 00
2847 00 00
2848 00 00
2849 10 00
2849 20 00
2849 90 00
2850 00 00
2851 00 10
2851 00 90
2901 10 00
2901 21 00
2901 22 00
2901 23 00
2901 24 00
2901 29 00
2902 11 00
2902 19 00
2902 20 00
2902 30 00
2902 41 00
2902 42 00
2902 43 00
2902 44 00
2902 50 00
2902 60 00
2902 70 00
2902 90 00
2903 11 00
2903 12 00
2903 13 00
2903 14 00
2903 15 00
2903 19 00
2903 21 00
2903 22 00
2903 23 00
2903 29 00
2903 30 00
2903 41 00
2903 42 00
2903 43 00
2903 44 00
2903 45 00
2903 46 00
2903 47 00
2903 49 00
2903 51 00
2903 59 00
2903 61 00
2903 62 10
2903 62 20
2903 69 00
2904 10 00
2904 20 10
2908 90 90
2909 11 00
2909 19 00
2909 20 00
2909 30 00
2909 41 00
2909 42 00
2909 43 00
2909 44 00
2909 49 00
2909 50 00
2909 60 00
2910 10 00
2910 20 00
2910 30 00
2915 34 00
2915 35 00
2915 39 00
2915 40 00
2915 50 00
2915 60 00
2915 70 00
2915 90 00
2916 11 00
2916 12 00
2916 13 00
2916 14 00
2916 15 00
2916 19 00
2916 20 00
2921 21 00
2921 22 00
2921 29 00
2921 30 00
2921 41 00
2921 42 00
2921 43 00
2921 44 00
2921 45 00
2921 46 00
2921 49 00
2921 51 00
2921 59 00
2922 11 00
2922 12 00
2931 00 10
2931 00 20
2931 00 90
2932 11 00
2932 12 00
2932 13 00
2932 19 00
2932 21 00
2932 29 00
2932 91 00
2932 92 00
2932 93 00
2932 94 00
2932 95 00
2932 99 00
2937 22 00
2937 23 00
2937 29 00
2937 31 00
2937 39 00
2937 40 00
2937 50 00
2937 90 00
2938 10 00
2938 90 00
2939 11 00
2939 19 00
2939 21 00
2939 29 00
2939 30 00
3105 51 00
3105 59 00
3105 60 00
3105 90 10
3105 90 90
3201 10 00
3201 20 00
3201 90 00
3202 10 00
3202 90 00
3203 00 00
3204 11 00
3204 12 00
3204 13 00
3204 14 00
2904 20 20
2904 20 90
2904 90 00
2905 11 00
2905 12 00
2905 13 00
2905 14 00
2905 15 00
2905 16 00
2905 17 00
2905 19 00
2905 22 00
2905 29 00
2905 31 00
2905 32 00
2905 39 00
2905 41 00
2905 42 00
2905 49 00
2905 51 00
2905 59 00
2906 11 00
2906 12 00
2906 13 00
2906 14 00
2906 19 00
2906 21 00
2906 29 00
2907 11 00
2907 12 00
2907 13 00
2907 14 00
2907 15 00
2907 19 00
2907 21 00
2907 22 00
2907 23 00
2907 29 00
2908 10 00
2908 20 00
2908 90 10
2910 90 00
2911 00 00
2912 11 00
2912 12 00
2912 13 00
2912 19 00
2912 21 00
2912 29 00
2912 30 00
2912 41 00
2912 42 00
2912 49 00
2912 50 00
2912 60 00
2913 00 00
2914 11 00
2914 12 00
2914 13 00
2914 19 00
2914 21 00
2914 22 00
2914 23 00
2914 29 00
2914 31 00
2914 39 00
2914 40 00
2914 50 00
2914 61 00
2914 69 00
2914 70 00
2915 11 00
2915 12 00
2915 13 00
2915 21 00
2915 22 00
2915 23 00
2915 24 00
2915 29 00
2915 31 00
2915 32 00
2915 33 00
2916 31 00
2916 32 00
2916 34 00
2916 35 00
2916 39 00
2917 11 00
2917 12 00
2917 13 00
2917 14 00
2917 19 00
2917 20 00
2917 31 00
2917 32 00
2917 33 00
2917 34 00
2917 35 00
2917 36 00
2917 37 00
2917 39 00
2918 11 00
2918 12 00
2918 13 00
2918 14 00
2918 15 00
2918 16 00
2918 19 00
2918 21 00
2918 22 00
2918 23 00
2918 29 10
2918 29 90
2918 30 00
2918 90 00
2919 00 00
2920 10 00
2920 90 10
2920 90 20
2920 90 90
2921 11 00
2921 12 00
2921 19 00
2922 13 00
2922 14 00
2922 19 00
2922 21 00
2922 22 00
2922 29 00
2922 30 00
2922 31 00
2922 39 00
2922 41 00
2922 42 00
2922 43 00
2922 44 00
2922 49 00
2922 50 00
2923 10 00
2923 20 00
2923 90 00
2924 11 00
2924 19 00
2924 21 00
2924 23 00
2924 24 00
2924 29 00
2925 11 00
2925 12 00
2925 19 00
2925 20 00
2926 10 00
2926 20 00
2926 30 00
2926 90 00
2927 00 00
2928 00 00
2929 10 00
2929 90 00
2930 10 00
2930 20 00
2930 30 00
2930 40 00
2930 90 00
2933 11 00
2933 19 00
2933 21 00
2933 29 00
2933 31 00
2933 32 00
2933 33 00
2933 39 00
2933 41 00
2933 49 00
2933 52 00
2933 53 00
2933 54 00
2933 55 00
2933 59 00
2933 61 00
2933 69 00
2933 71 00
2933 72 00
2933 79 00
2933 91 00
2933 99 00
2934 10 00
2934 20 00
2934 30 00
2934 91 00
2934 99 00
2935 00 00
2936 10 00
2936 21 00
2936 22 00
2936 23 00
2936 26 00
2936 27 00
2936 28 00
2936 29 00
2936 90 00
2937 11 00
2937 12 00
2937 19 00
2937 21 00
2939 41 00
2939 42 00
2939 43 00
2939 49 00
2939 51 00
2939 59 00
2939 61 00
2939 62 00
2939 63 00
2939 69 00
2939 91 00
2939 99 00
2940 00 00
3002 20 00
3102 10 00
3102 21 00
3102 29 00
3102 30 00
3102 40 00
3102 50 00
3102 60 00
3102 70 00
3102 80 00
3102 90 10
3102 90 20
3102 90 90
3103 10 00
3103 20 00
3103 90 00
3104 10 00
3104 20 00
3104 30 00
3104 90 00
3105 10 00
3105 20 00
3105 30 00
3105 40 00
3105 51 00
3105 20 00
3105 30 00
3105 40 00
3204 15 00
3204 16 00
3204 17 00
3204 19 00
3204 20 00
3204 90 00
3205 00 10
3205 00 20
3206 11 00
3206 19 00
3206 20 00
3206 30 00
3206 41 00
3206 42 00
3206 43 00
3206 49 00
3206 50 00
3207 10 00
3207 20 00
3207 30 00
3207 40 00
3210 00 50
3211 00 00
3212 10 00
3212 90 10
3212 90 20
3214 10 10
3214 10 20
3214 10 30
3214 90 00
3215 11 00
3215 19 00
3215 90 00
3302 90 00
3403 11 10
3403 19 10
3404 10 00
3404 20 00
3404 90 00
3407 00 20
3407 00 30
3601 00 00
3602 00 10
3602 00 20
3602 00 30
3602 00 40
3602 00 90
3603 00 10
3603 00 20
3603 00 30
3603 00 90
3701 10 00
3701 20 00
3701 30 00
3701 91 00
3701 99 00
3702 10 00
3702 20 00
3702 31 00
3702 32 00
3702 39 00
3702 41 00
3702 42 00
3702 43 00
3702 44 00
3702 51 00
3702 52 00
3702 53 00
3702 54 00
3702 55 00
3702 56 00
3702 91 00
3702 93 00
3702 94 00
3702 95 00
3703 10 00
3703 20 00
3703 90 00
3706 10 00
3706 90 00
3707 10 00
3707 90 00
3801 10 00
3801 20 00
3801 30 00
3801 90 00
3802 10 00
3802 90 00
3803 00 00
3804 00 00
3805 10 00
3805 20 00
3805 90 00
3806 10 00
3806 20 00
3806 30 00
3806 90 00
3807 00 10
3807 00 20
3807 00 90
3808 10 90
3808 20 90
3808 30 90
3808 40 90
3808 90 90
3809 91 00
3809 92 00
3809 93 00
3810 10 00
3810 90 00
3811 11 00
3811 19 00
3811 21 00
3811 29 00
3811 90 00
3812 10 00
3812 20 00
3812 30 00
3813 00 00
3814 00 00
3815 11 00
3815 12 00
3815 19 00
3815 90 00
3816 00 00
3817 00 00
3818 00 00
3820 00 00
3821 00 00
3822 00 00
3824 10 00
3824 20 00
3824 30 00
3824 40 00
3824 50 00
3824 71 00
3824 79 00
3824 90 00
3825 10 00
3825 20 00
3825 30 00
3825 41 00
3825 49 00
3825 50 00
3825 61 00
3825 69 00
3825 90 00
3901 10 00
3901 20 00
3901 30 00
3901 90 00
3902 10 10
3902 10 90
3902 20 00
3902 30 00
3902 90 00
3903 11 00
3903 19 00
3903 20 00
3903 30 00
3903 90 00
3904 10 00
3904 21 00
3904 22 00
3904 30 00
3904 40 00
3904 50 00
3904 61 00
3904 69 00
3904 90 00
3905 12 00
3905 19 00
3905 21 00
3905 29 00
3905 30 00
3905 91 00
3905 99 00
3906 10 00
3906 90 00
3907 10 00
3907 20 00
3907 30 00
3907 40 00
3907 50 10
3907 50 90
3907 60 00
3907 91 00
3907 99 00
3908 10 00
3908 90 00
3909 10 00
3909 20 00
3909 30 00
3909 40 00
3909 50 00
3910 00 00
3911 10 00
3911 90 00
3912 11 00
3912 12 00
3912 20 00
3912 31 00
3912 39 00
3912 90 00
3913 10 00
3913 90 00
3914 00 00
3915 10 00
3915 20 00
3915 30 00
3915 90 00
3916 10 00
3916 20 00
3917 10 00
3917 21 00
3917 22 00
3917 23 00
3917 29 00
3917 31 00
3917 32 00
3917 33 00
3917 39 00
3917 40 00
3918 10 00
3918 90 00
3919 10 00
3919 90 00
3920 10 10
3920 10 90
3920 20 10
3920 20 90
3920 30 10
3920 30 90
3920 43 00
3920 49 00
3920 51 00
3920 59 00
3920 61 00
3920 62 00
3920 63 00
3920 69 00
3920 71 10
3920 71 19
3920 71 90
3920 71 99
3920 72 00
3920 73 00
3920 79 00
3920 91 00
3920 92 00
3920 93 00
3920 94 00
3920 99 10
3920 99 90
3921 11 00
3921 12 00
3921 14 00
3921 19 10
3921 19 20
3921 90 00
4001 10 10
4001 10 20
4001 10 90
4001 21 00
4001 22 00
4001 29 10
4001 29 90
4001 30 10
4001 30 90
4002 11 10
4002 11 20
4002 11 90
4002 19 10
4002 19 20
4002 19 90
4002 20 10
4002 20 20
4002 20 90
4002 31 10
4002 31 20
4002 31 90
4002 39 10
4002 39 20
4002 39 90
4002 41 10
4002 41 20
4002 41 90
4002 49 10
4002 49 20
4002 49 90
4002 51 10
4002 51 20
4002 51 90
4002 59 10
4002 59 20
4002 59 90
4002 60 10
4002 60 20
4002 60 90
4002 70 10
4002 70 20
4002 70 90
4002 80 10
4002 80 20
4002 80 90
4002 91 10
4002 91 20
4002 91 90
4002 99 10
4002 99 20
4002 99 90
4003 00 00
4004 00 00
4005 10 00
4005 20 00
4005 91 10
4005 91 20
4005 99 00
4006 10 00
4006 90 00
4007 00 00
4008 11 00
4008 19 00
4008 21 00
4008 29 00
4009 11 00
4009 12 00
4009 21 00
4009 22 00
4009 31 00
4009 32 00
4009 41 00
4009 42 00
4014 10 00
4104 11 00
4104 19 00
4105 10 00
4105 30 00
4106 21 00
4106 22 00
4106 31 00
4106 32 00
4106 40 00
4106 91 00
4106 92 00
4107 11 00
4107 12 00
4107 19 00
4107 91 00
4107 92 00
4107 99 00
4112 00 00
4113 10 00
4113 20 00
4113 30 00
4113 90 00
4114 10 00
4114 20 00
4115 10 00
4115 20 00
4403 10 00
4403 20 00
4403 41 00
4403 49 00
4403 91 00
4403 92 00
4403 99 00
4404 10 00
4404 20 00
4405 00 00
4406 10 00
4406 90 00
4407 10 00
4407 24 00
4407 25 00
4407 92 00
4407 99 00
4408 10 10
4408 10 20
4408 10 90
4408 31 10
4408 31 20
4408 31 90
4408 39 10
4408 39 20
4408 39 90
4408 90 10
4408 90 20
4408 90 90
4409 10 00
4409 20 00
4410 21 00
4410 29 00
4410 31 00
4410 32 00
4410 33 00
4410 39 00
4410 90 00
4411 11 00
4411 19 00
4411 21 00
4411 29 00
4411 31 00
4411 39 00
4411 91 00
4411 99 00
4412 13 00
4412 14 00
4412 19 00
4412 22 00
4412 23 00
4412 29 00
4412 92 00
4412 93 00
4412 99 00
4413 00 00
4501 10 00
4501 90 00
4502 00 10
4502 00 90
4701 00 00
4702 00 00
4703 11 00
4703 19 00
4703 21 00
4703 29 00
4704 11 00
4704 19 00
4704 21 00
4704 29 00
4705 00 00
4706 10 00
4706 20 00
4706 91 00
4706 92 00
4706 93 00
4707 10 00
4707 20 00
4707 30 00
4707 90 00
4801 00 00
4802 10 00
4802 20 00
4802 30 00
4802 40 00
4802 54 00
4802 55 00
4802 57 00
4802 59 00
4802 61 00
4802 69 00
4804 11 00
4804 19 00
4804 21 00
4804 29 00
4804 31 00
4804 39 00
4804 41 00
4804 42 00
4804 49 00
4804 51 00
4804 52 00
4804 59 00
4805 11 00
4805 12 00
4805 19 00
4805 24 00
4805 25 00
4805 30 00
4805 40 00
4805 91 00
4805 92 00
4805 93 00
4806 10 00
4806 20 00
4806 30 00
4806 40 00
4807 00 00
4808 10 00
4808 20 00
4808 30 00
4808 90 00
4809 10 00
4809 20 00
4809 90 00
4810 13 00
4810 19 00
4810 21 00
4810 29 00
4810 31 00
4810 32 00
4810 39 00
4810 91 00
4810 99 00
4811 10 00
4811 41 00
4811 49 00
4811 51 90
4811 59 10
4811 59 90
4811 60 10
4811 60 90
4811 90 00
4812 00 00
4818 40 10
4819 20 20
4822 10 00
4822 90 00
4823 12 00
4823 19 00
4823 20 00
5004 00 00
5005 00 00
5006 00 00
5104 00 00
5105 10 00
5105 21 00
5105 29 00
5105 40 00
5106 10 00
5106 20 00
5107 10 00
5107 20 00
5108 10 00
5108 20 00
5110 00 00
5204 11 00
5204 19 00
5205 11 00
5205 12 00
5205 13 00
5205 14 00
5205 15 00
5205 21 00
5205 22 00
5205 23 00
5205 24 00
5205 26 00
5205 27 00
5205 28 00
5205 31 00
5205 32 00
5205 33 00
5205 34 00
5205 35 00
5205 41 00
5205 42 00
5205 43 00
5205 44 00
5205 46 00
5205 47 00
5205 48 00
5206 11 00
5206 12 00
5206 13 00
5206 14 00
5206 15 00
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5206 24 00
5206 25 00
5206 31 00
5206 32 00
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5206 34 00
5206 35 00
5206 41 00
5206 42 00
5206 43 00
5206 44 00
5206 45 00
5303 10 00
5303 90 00
5304 10 00
5304 90 00
5305 11 00
5305 19 00
5305 21 00
5305 29 00
5305 90 10
5305 90 90
5306 10 10
5306 20 10
5307 10 00
5307 20 00
5308 10 00
5308 20 10
5308 90 10
5308 90 30
5308 90 90
5401 10 10
5401 20 10
5402 10 00
5402 20 00
5402 31 00
5402 32 00
5402 33 00
5402 39 00
5402 41 00
5402 42 00
5402 43 00
5402 49 00
5402 51 00
5402 52 00
5402 59 00
5402 61 00
5402 62 00
5402 69 00
5403 10 00
5403 20 00
5403 31 00
5403 32 00
5403 33 00
5403 39 00
5403 41 00
5403 42 00
5403 49 00
5404 10 00
5404 90 00
5405 00 00
5406 10 00
5406 20 00
5501 10 00
5501 20 00
5501 30 00
5501 90 00
5502 00 00
5503 10 00
5503 20 00
5503 30 00
5503 40 00
5503 90 00
5504 10 00
5504 90 00
5505 10 00
5505 20 00
5506 10 00
5506 20 00
5506 30 00
5506 90 00
5507 00 00
5508 10 10
5508 20 10
5509 11 00
5509 12 00
5509 21 00
5509 22 00
5509 31 00
5509 32 00
5509 42 00
5509 51 00
5509 52 00
5509 53 00
5509 59 00
5509 61 00
5509 62 00
5509 69 00
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5509 92 00
5509 99 00
5510 11 00
5510 12 00
5510 20 00
5510 30 00
5510 90 00
5511 10 00
5511 20 00
5511 30 00
5603 11 00
5603 12 00
5603 13 00
5603 14 00
5603 91 00
5603 92 00
5603 93 00
5603 94 00
5604 10 00
5604 20 00
5604 90 00
5605 00 00
5606 00 00
5902 10 00
5902 20 00
5902 90 00
5908 00 00
5909 00 00
5910 00 00
5911 10 00
5911 20 00
5911 31 00
5911 32 00
5911 40 00
5911 90 10
5911 90 20
5911 90 90
6406 10 10
6406 10 20
6406 10 30
6406 10 40
6406 10 90
6406 20 10
6406 20 20
6406 91 00
6406 99 10
6406 99 20
6406 99 30
6406 99 40
6406 99 50
6406 99 60
6406 99 90
6602 00 10
6806 10 00
6806 20 00
6806 90 00
6808 00 00
6809 11 00
6809 19 00
6809 90 00
6810 11 00
6810 19 00
6810 91 00
6810 99 00
6811 10 00
6811 20 00
6811 30 00
6811 90 00
6813 10 00
6813 90 00
6814 10 00
6814 90 00
6815 10 00
6815 20 00
6815 91 00
6815 99 00
6901 00 00
6902 10 00
6902 20 00
6902 90 00
6903 10 00
6903 20 00
6903 90 00
6904 10 00
6904 90 00
6905 10 00
6905 90 00
6906 00 00
7001 00 00
7002 10 00
7002 20 00
7002 31 00
7002 32 00
7002 39 00
7003 12 00
7003 19 00
7003 20 00
7003 30 00
7004 20 00
7004 90 00
7005 10 00
7005 21 00
7005 29 00
7005 30 00
7006 00 00
7007 11 10
7007 11 90
7007 19 00
7007 21 10
7007 21 90
7007 29 00
7008 00 00
7010 10 10
7010 10 90
7010 20 00
7010 90 10
7010 90 91
7010 90 92
7010 90 99
7011 10 00
7011 20 00
7011 90 00
7019 11 00
7019 12 00
7019 19 00
7019 31 00
7019 32 00
7019 39 10
7019 40 00
7019 51 00
7019 52 00
7019 59 00
7019 90 00
7020 00 20
7020 00 30
7102 10 10
7102 21 00
7102 29 00
7103 10 10
7103 91 10
7103 99 10
7104 10 10
7104 20 10
7104 90 10
7105 10 00
7105 90 00
7106 10 00
7106 91 00
7106 92 10
7106 92 20
7106 92 90
7107 00 10
7107 00 20
7108 20 00
7110 11 00
7110 19 10
7110 19 20
7110 19 90
7110 21 00
7110 29 10
7110 29 90
7110 31 00
7110 39 10
7110 39 90
7110 41 00
7110 49 10
7110 49 90
7111 00 00
7112 30 00
7201 10 00
7201 20 00
7201 50 00
7202 11 00
7202 19 00
7202 21 00
7202 29 00
7202 30 00
7202 41 00
7202 49 00
7202 50 00
7202 60 00
7202 70 00
7202 80 00
7202 91 00
7202 92 00
7202 93 00
7202 99 00
7203 10 00
7203 90 00
7204 10 00
7204 21 00
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7204 30 00
7204 41 00
7204 49 00
7204 50 00
7205 10 00
7205 21 00
7205 29 00
7206 10 00
7206 90 00
7207 11 00
7207 12 00
7207 19 00
7207 20 00
7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 00
7208 38 00
7208 39 00
7208 40 00
7208 51 00
7208 52 00
7208 53 00
7208 54 00
7208 90 00
7209 15 00
7209 16 00
7209 17 00
7209 18 00
7209 25 00
7209 26 00
7209 27 00
7209 28 00
7209 90 00
7210 11 00
7210 12 00
7210 20 00
7210 50 00
7210 61 00
7210 69 00
7210 70 00
7210 90 00
7211 13 00
7211 14 00
7211 19 00
7211 23 00
7211 29 00
7211 90 00
7212 10 00
7212 20 00
7212 30 00
7212 40 00
7212 50 00
7212 60 00
7213 10 00
7213 20 00
7213 91 00
7213 99 00
7214 10 00
7214 20 00
7214 30 00
7214 91 00
7214 99 00
7215 10 00
7215 50 00
7215 90 00
7216 10 10
7216 10 20
7216 10 30
7216 21 00
7216 22 00
7216 31 00
7216 32 00
7216 33 00
7216 40 00
7216 50 10
7216 50 90
7216 61 00
7216 69 00
7216 91 00
7216 99 00
7217 10 00
7217 20 00
7217 30 00
7217 90 00
7218 10 00
7218 91 00
7218 99 00
7219 11 00
7219 12 00
7219 13 00
7219 14 00
7219 21 00
7219 22 00
7219 23 00
7219 24 00
7219 31 00
7219 32 00
7219 33 00
7219 34 00
7219 35 00
7219 90 00
7220 11 00
7220 12 00
7220 20 00
7220 90 00
7221 00 00
7222 11 00
7222 19 00
7222 20 00
7222 30 00
7222 40 00
7223 00 00
7224 10 00
7224 90 00
7225 11 00
7225 19 00
7225 20 00
7225 30 00
7225 40 00
7225 50 00
7225 91 00
7225 92 00
7225 99 00
7226 11 00
7226 19 00
7226 20 00
7226 91 00
7226 92 00
7226 93 00
7226 94 00
7226 99 00
7227 10 00
7227 20 00
7227 90 00
7228 10 00
7228 20 00
7228 30 00
7228 40 00
7228 50 00
7228 60 00
7228 70 00
7228 80 10
7228 80 20
7229 10 00
7229 20 00
7229 90 00
7301 10 00
7301 20 00
7303 00 00
7304 10 00
7304 31 90
7304 39 90
7304 41 90
7304 49 90
7304 51 90
7304 59 90
7304 90 90
7305 39 10
7305 39 90
7305 90 10
7305 90 90
7306 40 00
7306 50 00
7306 60 00
7306 90 00
7307 11 90
7307 19 00
7307 23 90
7307 29 00
7307 91 00
7307 92 00
7308 10 00
7308 20 00
7308 40 00
7308 90 00
7312 10 00
7312 90 00
7313 00 00
7317 00 10
7317 00 20
7317 00 30
7317 00 90
7318 11 00
7318 12 00
7318 13 00
7318 14 00
7318 15 00
7318 16 00
7318 19 00
7318 21 00
7318 22 00
7318 23 00
7318 24 00
7318 29 00
7401 10 00
7401 20 00
7402 00 00
7403 11 00
7403 12 00
7403 13 00
7403 19 00
7403 21 00
7403 22 00
7403 23 00
7403 29 00
7404 00 00
7405 00 00
7406 10 00
7406 20 00
7407 10 00
7407 21 00
7407 22 00
7407 29 00
7408 11 00
7408 19 00
7408 21 00
7408 22 00
7408 29 00
7409 11 00
7409 19 00
7409 21 00
7409 29 00
7409 31 00
7409 39 00
7409 40 00
7409 90 00
7410 11 00
7410 12 00
7410 21 00
7410 22 00
7411 10 00
7411 21 00
7411 22 00
7411 29 00
7412 10 00
7412 20 00
7413 00 00
7414 20 00
7414 90 00
7415 10 00
7415 21 00
7415 29 00
7415 33 00
7415 39 00
7416 00 00
7501 10 00
7501 20 00
7502 10 00
7502 20 00
7503 00 00
7504 00 00
7505 11 00
7505 12 00
7505 21 00
7505 22 00
7506 10 00
7506 20 00
7507 11 00
7507 12 00
7507 20 00
7508 90 10
7601 10 00
7601 20 00
7602 00 00
7603 10 00
7603 20 00
7604 10 00
7604 21 00
7604 29 00
7605 11 00
7605 19 00
7605 21 00
7605 29 00
7606 11 00
7606 12 00
7606 91 00
7606 92 00
7607 11 10
7607 11 90
7607 19 10
7607 19 90
7607 20 10
7607 20 90
7608 10 00
7608 20 00
7609 00 00
7610 90 00
7611 00 00
7612 10 00
7612 90 00
7613 00 00
7614 10 00
7614 90 00
7616 99 40
7801 10 00
7801 91 00
7801 99 00
7802 00 00
7803 00 00
7804 11 00
7804 19 00
7804 20 00
7805 00 00
7806 00 10
7806 00 20
7806 00 90
7901 11 00
7901 12 00
7901 20 00
7902 00 00
7903 10 00
7903 90 00
7904 00 00
7905 00 00
7906 00 00
7907 00 00
8001 10 00
8001 20 00
8002 00 00
8003 00 00
8004 00 00
8005 00 00
8006 00 00
8007 00 20
8101 10 00
8101 94 00
8101 95 00
8101 96 00
8101 97 00
8101 99 00
8102 10 00
8102 94 00
8102 95 00
8102 96 00
8102 97 00
8102 99 00
8103 20 00
8103 30 00
8103 90 00
8104 11 00
8104 19 00
8104 20 00
8104 30 00
8104 90 00
8105 20 00
8105 30 00
8105 90 00
8106 00 20
8106 00 30
8106 00 90
8107 20 00
8107 30 00
8107 90 00
8108 20 00
8108 30 00
8108 90 00
8109 20 00
8109 30 00
8109 90 00
8110 10 00
8110 20 00
8110 90 00
8111 00 20
8111 00 30
8111 00 90
8112 12 00
8112 13 00
8112 19 00
8112 21 00
8112 22 00
8112 29 00
8112 30 20
8112 30 30
8112 30 90
8112 40 20
8112 40 30
8112 40 90
8112 51 00
8112 52 00
8112 59 00
8112 92 00
8112 99 00
8113 00 10
8113 00 90
8311 10 00
8311 20 00
8311 30 00
8311 90 00
8421 29 10
8469 30 10
8710 00 00
8713 10 00
8713 90 00
8714 20 00
8802 11 00
8802 12 00
8802 30 00
8802 40 00
8802 60 00
8803 10 00
8803 20 00
8803 30 00
8803 90 00
8804 00 00
8805 10 00
8805 21 00
8805 29 00
8901 10 00
8901 30 00
8901 90 00
8904 00 00
8905 10 00
8905 20 00
8905 90 00
8906 10 00
8906 90 00
8907 10 00
8907 90 00
8908 00 00
9001 20 00
9018 90 30
9018 90 50
9021 29 00
9021 31 00
9021 39 00
9021 40 00
9021 50 00
9021 90 10
9021 90 90
9301 11 00
9301 19 00
9301 20 00
9302 00 00
9305 10 00
9305 91 00
9306 30 10
9306 90 10
9306 90 90
9701 10 00
9701 90 00
9702 00 00
9703 00 00
9704 00 00
9705 00 00
9706 00 00
List of products referred to in Article 9(2)
ANNEX 3Supplementary provisions
ANNEX 3
List of products referred to in Article 9(2)
HS Code
2701 11 00
2701 12 00
2701 19 00
2701 20 00
2702 10 00
2702 20 00
2703 00 00
2704 00 10
2704 00 20
2705 00 00
2709 00 90
2710 19 38
2711 11 00
2711 14 10
2711 19 10
2711 21 00
2711 29 10
2712 10 10
2712 20 10
2712 90 10
2712 90 30
2712 90 50
2713 11 10
2713 12 10
2713 20 10
2713 90 10
2714 10 10
2714 10 30
2714 90 10
2716 00 00
2936 24 00
2936 25 00
2941 10 00
2941 20 00
2941 30 00
2941 40 00
2941 50 00
2941 90 00
2942 00 00
3001 10 00
3001 20 00
3001 90 10
3001 90 90
3002 10 00
3002 20 00
3002 30 00
3002 90 00
3003 10 00
3003 20 00
3003 31 00
3003 39 00
3003 40 00
3003 90 00
3004 10 00
3004 20 00
3004 31 00
3004 32 00
3004 39 00
3004 40 00
3004 50 10
3004 50 90
3004 90 00
3005 10 00
3005 90 00
3006 10 00
3006 20 00
3006 30 00
3006 40 00
3006 50 00
3006 60 00
3006 70 00
3006 80 00
3402 11 00
3402 12 00
3402 13 00
3402 19 00
3403 11 20
3403 19 20
3403 91 00
3403 99 00
3704 00 10
3704 00 90
3705 10 00
3705 20 00
3705 90 00
3926 90 10
3926 90 20
3926 90 30
3926 90 40
3926 90 90
4010 11 00
4010 12 00
4010 13 00
4010 19 00
4010 31 00
4010 32 00
4010 33 00
4010 34 00
4010 35 00
4010 36 00
4010 39 00
4011 10 10
4011 10 90
4011 20 10
4011 20 20
4011 20 90
4011 30 00
4011 40 00
4011 50 00
4011 61 00
4011 62 00
4011 63 00
4011 69 00
4011 92 00
4011 93 00
4011 94 00
4011 99 00
4012 11 00
4012 12 00
4012 13 00
4012 19 00
4013 10 10
4013 10 20
4013 10 90
4013 20 00
4013 90 00
4014 90 10
4014 90 90
4015 11 00
4015 19 10
5608 11 10
5608 11 90
5608 90 10
5608 90 20
6003 40 00
6003 90 00
6004 40 00
6004 90 00
6005 10 00
6005 21 00
6005 22 00
6005 23 00
6005 24 00
6005 31 00
6005 32 00
6005 33 00
6005 34 00
6005 41 00
6005 42 00
6005 43 00
6005 44 00
6005 90 00
6006 10 00
6006 21 00
6006 22 00
6006 23 00
6006 24 00
6006 31 00
6006 32 00
6006 33 00
6006 34 00
6006 41 00
6006 42 00
6006 43 00
6006 44 00
6006 90 00
6305 10 00
6305 20 00
6305 32 00
6305 33 00
6305 39 00
6305 90 00
7015 10 00
7017 10 00
7017 20 00
7017 90 00
7302 10 00
7302 30 00
7302 40 00
7302 90 00
7304 21 00
7304 29 00
7304 31 10
7304 39 10
7304 41 10
7304 49 10
7304 51 10
7304 59 10
7304 90 10
7305 11 00
7305 12 00
7305 19 00
7305 20 00
7305 31 10
7305 31 90
7306 10 00
7306 20 00
7306 30 00
7307 11 10
7307 21 00
7307 22 00
7307 23 10
7307 93 00
7307 99 00
7310 10 00
7310 21 00
7310 29 00
7311 00 10
7311 00 20
7311 00 90
7320 10 00
7320 20 00
7320 90 00
8207 13 00
8207 19 10
8207 19 90
8207 20 00
8207 30 00
8207 40 00
8207 50 00
8207 60 00
8207 70 00
8207 80 00
8207 90 00
8208 10 00
8208 20 00
8208 30 00
8208 40 00
8208 90 00
8401 10 00
8401 20 00
8401 30 00
8401 40 00
8402 11 00
8402 12 00
8402 19 00
8402 20 00
8402 90 00
8404 10 10
8404 20 00
8404 90 00
8405 10 00
8405 90 00
8406 10 00
8406 81 00
8406 82 00
8406 90 00
8407 10 00
8407 29 00
8407 31 00
8407 32 00
8407 33 00
8407 34 00
8407 90 00
8408 10 00
8408 20 10
8408 20 90
8408 90 00
8409 10 00
8409 91 10
8409 91 90
8409 99 00
8410 11 00
8410 12 00
8410 13 00
8410 90 00
8411 11 00
8411 12 00
8411 21 00
8411 22 00
8411 81 00
8411 82 00
8411 91 00
8411 99 00
8412 10 00
8412 21 00
8412 29 00
8412 31 00
8412 39 00
8412 80 00
8412 90 00
8413 11 10
8413 11 90
8413 19 10
8413 19 90
8413 20 00
8413 30 00
8413 40 00
8413 50 00
8413 60 00
8413 70 11
8413 70 12
8413 70 13
8413 70 14
8413 70 15
8413 70 16
8413 70 17
8413 70 21
8413 70 22
8413 70 23
8413 70 29
8413 70 31
8413 70 39
8413 70 40
8413 70 51
8413 70 52
8413 70 59
8413 70 61
8413 70 62
8413 70 63
8413 70 69
8413 70 70
8413 70 90
8413 81 00
8413 82 00
8413 91 00
8413 92 00
8414 10 00
8414 20 00
8414 30 00
8414 40 00
8415 10 20
8415 81 10
8415 82 10
8415 83 10
8416 10 00
8416 20 00
8416 30 00
8416 90 00
8417 10 00
8417 20 00
8417 80 00
8417 90 00
8419 11 10
8419 20 00
8419 31 00
8419 32 00
8419 39 00
8419 40 00
8419 50 00
8419 60 00
8419 81 12
8419 90 20
8420 10 00
8420 91 00
8420 99 00
8421 11 00
8421 12 00
8421 19 10
8421 19 90
8421 21 00
8421 22 00
8421 29 90
8421 39 00
8421 91 00
8421 99 00
8422 11 20
8422 19 00
8422 20 00
8422 30 00
8422 40 00
8422 90 90
8423 20 00
8423 30 00
8423 82 00
8423 89 00
8424 20 00
8424 30 00
8424 81 00
8424 89 00
8424 90 00
8425 11 00
8425 19 00
8425 20 00
8425 31 00
8425 39 00
8425 41 00
8425 42 00
8425 49 00
8426 11 00
8426 12 00
8426 19 00
8426 20 00
8426 30 00
8426 41 10
8426 41 90
8426 49 00
8426 91 00
8426 99 00
8427 10 10
8427 10 20
8427 10 30
8427 10 40
8427 20 10
8427 20 20
8427 20 30
8427 20 40
8427 20 50
8427 20 60
8427 90 10
8427 90 90
8428 10 00
8428 20 00
8428 31 00
8428 32 00
8428 33 00
8428 39 00
8428 40 00
8428 50 00
8428 60 00
8428 90 10
8428 90 90
8429 11 00
8429 19 00
8429 20 00
8429 30 00
8429 40 00
8429 51 00
8429 52 00
8429 59 00
8430 10 00
8430 20 00
8430 31 00
8430 39 00
8430 41 00
8430 49 00
8430 50 00
8430 61 00
8430 69 00
8431 10 00
8431 20 00
8431 31 00
8431 39 00
8431 41 00
8431 42 00
8431 43 00
8431 49 00
8432 10 00
8432 21 00
8432 29 00
8432 30 00
8432 40 00
8432 80 00
8432 90 00
8433 20 00
8433 30 00
8433 40 00
8433 51 00
8433 52 00
8433 53 00
8433 59 00
8433 60 10
8433 60 90
8433 90 00
8434 10 00
8434 20 00
8434 90 00
8435 10 00
8435 90 00
8436 10 00
8436 21 00
8436 29 00
8436 80 00
8436 91 00
8436 99 00
8437 10 00
8437 80 00
8437 90 00
8438 10 00
8438 20 00
8438 30 00
8438 40 00
8438 50 00
8438 60 00
8438 80 00
8438 90 00
8439 10 00
8439 20 00
8439 30 00
8439 91 00
8439 99 00
8440 10 00
8440 90 00
8441 10 00
8441 20 00
8441 30 00
8441 40 00
8441 80 00
8441 90 00
8442 10 00
8442 20 00
8442 30 00
8442 40 00
8442 50 00
8443 11 00
8443 12 00
8443 19 00
8443 21 00
8443 29 00
8443 30 00
8443 40 00
8443 51 00
8443 59 00
8443 60 00
8443 90 00
8444 00 00
8445 11 00
8445 12 00
8445 13 00
8445 19 00
8445 20 00
8445 30 00
8445 40 00
8445 90 00
8446 10 00
8446 21 00
8446 29 00
8446 30 00
8447 11 00
8447 12 00
8447 20 00
8447 90 00
8448 11 00
8448 19 00
8448 20 00
8448 31 00
8448 32 00
8448 33 00
8448 39 00
8448 41 00
8448 42 00
8448 49 00
8448 51 00
8448 59 00
8449 00 00
8450 11 20
8450 12 20
8450 19 12
8450 19 92
8450 20 00
8450 90 90
8451 10 00
8451 29 00
8451 40 00
8451 50 00
8451 80 00
8451 90 90
8453 10 00
8453 20 00
8453 80 00
8453 90 00
8454 10 00
8454 20 00
8454 30 00
8454 90 00
8455 10 00
8455 21 00
8455 22 00
8455 30 00
8455 90 00
8456 10 00
8456 20 00
8456 30 00
8456 91 00
8456 99 00
8457 10 00
8457 20 00
8457 30 00
8458 11 00
8458 19 00
8458 91 00
8458 99 00
8459 10 00
8459 21 00
8459 29 00
8459 31 00
8459 39 00
8459 40 00
8459 51 00
8459 59 00
8459 61 00
8459 69 00
8459 70 00
8460 11 00
8460 19 00
8460 21 00
8460 29 00
8460 31 00
8460 39 00
8460 40 00
8460 90 00
8461 20 10
8461 20 20
8461 30 00
8461 40 00
8461 90 00
8462 10 00
8462 21 00
8462 29 00
8462 31 00
8462 39 00
8462 41 00
8462 49 00
8462 91 00
8462 99 00
8463 10 00
8463 20 00
8463 30 00
8463 90 00
8464 10 00
8464 20 00
8464 90 00
8465 10 00
8465 91 00
8465 92 00
8465 93 00
8465 94 00
8465 95 00
8465 96 00
8465 99 00
8466 10 00
8466 20 00
8466 30 00
8466 91 00
8466 92 00
8466 93 00
8466 94 00
8467 11 00
8467 19 00
8467 21 00
8467 22 00
8467 29 00
8467 81 00
8467 89 00
8467 91 00
8467 92 00
8467 99 00
8468 10 00
8468 20 00
8468 80 00
8468 90 00
8471 10 00
8471 30 00
8471 41 00
8471 49 00
8471 50 00
8471 60 00
8471 70 00
8471 80 00
8471 90 00
8472 90 10
8473 30 00
8474 10 00
8474 20 00
8474 31 00
8474 32 00
8474 39 00
8474 80 00
8474 90 00
8475 10 00
8475 21 00
8475 29 00
8475 90 00
8477 10 00
8477 20 00
8477 30 00
8477 40 00
8477 51 00
8477 59 00
8477 80 00
8477 90 00
8478 10 00
8478 90 00
8479 10 00
8479 20 00
8479 30 00
8479 40 00
8479 50 00
8479 60 00
8479 81 00
8479 82 00
8479 89 00
8479 90 00
8480 10 00
8480 20 00
8480 30 00
8480 41 00
8480 49 00
8480 50 00
8480 60 00
8480 71 00
8480 79 00
8481 10 30
8481 20 00
8481 30 00
8481 40 00
8482 10 00
8482 20 00
8482 30 00
8482 40 00
8482 50 00
8482 80 00
8482 91 00
8482 99 00
8483 10 00
8483 20 00
8483 30 00
8483 40 00
8483 50 00
8483 60 00
8483 90 00
8484 10 00
8484 20 00
8484 90 00
8485 10 00
8485 90 00
8501 10 00
8501 31 00
8501 32 00
8501 33 00
8501 34 00
8501 40 00
8501 51 00
8501 52 00
8501 53 00
8501 61 10
8501 61 20
8501 62 00
8501 63 00
8501 64 00
8502 11 00
8502 12 00
8502 13 00
8502 20 10
8502 20 90
8502 31 00
8502 39 00
8502 40 00
8503 00 00
8504 10 10
8504 10 90
8504 21 00
8504 22 10
8504 22 20
8504 23 00
8504 31 00
8504 32 00
8504 33 00
8504 34 00
8504 40 00
8504 50 00
8504 90 00
8505 11 00
8505 19 00
8505 20 10
8505 20 20
8505 30 00
8505 90 10
8505 90 90
8507 90 00
8512 10 00
8512 20 00
8512 30 00
8512 40 00
8514 30 00
8514 40 00
8514 90 00
8515 11 00
8515 19 00
8515 21 00
8515 29 00
8515 31 00
8515 39 00
8515 80 00
8515 90 00
8517 19 90
8517 21 00
8517 22 00
8517 30 10
8517 30 20
8517 30 30
8517 50 00
8517 80 00
8517 90 00
8530 90 00
8532 10 00
8532 21 00
8532 22 00
8532 23 00
8532 24 00
8532 25 00
8532 29 00
8532 30 00
8532 90 00
8533 10 00
8533 21 00
8533 29 00
8533 31 00
8533 39 00
8533 40 00
8533 90 00
8534 00 00
8540 20 00
8540 40 00
8540 50 00
8540 60 00
8540 71 00
8540 72 00
8540 79 00
8540 81 00
8540 89 00
8540 91 00
8540 99 00
8541 10 00
8541 21 00
8541 29 00
8541 30 00
8541 40 00
8541 50 00
8541 60 00
8541 90 00
8542 10 00
8542 21 00
8542 60 00
8542 70 00
8542 90 00
8543 11 00
8543 20 00
8543 30 00
8543 40 00
8543 81 00
8543 89 00
8543 90 00
8544 11 10
8544 11 90
8544 19 10
8544 19 90
8544 20 00
8544 30 00
8544 41 00
8544 49 00
8544 51 00
8544 59 00
8544 60 00
8544 70 00
8545 11 00
8545 19 00
8545 20 00
8545 90 00
8546 10 00
8546 20 00
8546 90 00
8547 10 00
8547 20 00
8547 90 00
8601 10 00
8601 20 00
8602 10 00
8602 90 00
8603 10 00
8603 90 00
8604 00 00
8605 00 00
8606 10 00
8606 20 00
8606 30 00
8606 91 00
8606 92 00
8606 99 00
8607 11 00
8607 12 00
8607 19 00
8607 21 00
8607 29 00
8607 30 00
8607 91 00
8607 99 00
8608 00 10
8608 00 20
8608 00 50
8609 00 00
8701 10 10
8701 10 90
8701 20 10
8701 20 90
8701 30 10
8701 30 20
8701 30 90
8701 90 10
8701 90 20
8701 90 30
8701 90 90
8702 10 10
8702 90 10
8703 21 10
8703 22 10
8703 22 30
8703 23 10
8703 23 10
8703 23 20
8703 23 30
8703 24 10
8703 24 30
8703 31 10
8703 31 10
8703 31 30
8703 32 10
8703 32 30
8703 33 10
8703 33 30
8704 10 10
8704 10 90
8704 21 10
8704 21 20
8704 21 30
8704 21 90
8704 22 10
8704 22 20
8704 22 90
8704 23 10
8704 23 90
8704 31 10
8704 31 20
8704 31 90
8704 32 10
8704 32 90
8704 90 00
8705 10 00
8705 20 00
8705 30 00
8705 40 00
8705 90 10
8705 90 90
8706 00 10
8706 00 20
8706 00 30
8706 00 90
8707 10 00
8707 90 10
8707 90 90
8708 10 00
8708 21 00
8708 29 00
8708 31 00
8708 39 10
8708 39 90
8708 40 00
8708 50 00
8708 60 00
8708 70 00
8708 80 00
8708 91 00
8708 92 00
8708 93 10
8708 93 90
8708 94 00
8708 99 10
8708 99 20
8708 99 90
8709 19 00
8709 90 00
8716 20 00
8716 31 00
8716 39 00
8716 40 00
8902 00 10
8902 00 90
9001 10 00
9001 30 00
9001 50 00
9001 90 00
9002 11 00
9007 19 10
9010 10 00
9010 41 00
9010 42 00
9010 49 00
9010 50 00
9010 60 00
9010 90 00
9011 10 00
9011 20 00
9011 80 00
9011 90 00
9012 10 00
9012 90 00
9013 10 00
9013 20 00
9013 80 10
9014 10 00
9014 20 00
9014 80 00
9014 90 00
9015 10 00
9015 20 00
9015 30 00
9015 40 00
9015 80 00
9015 90 00
9017 10 00
9017 20 00
9017 30 00
9017 80 00
9017 90 00
9018 11 00
9018 12 00
9018 13 00
9018 14 00
9018 19 00
9018 20 00
9018 32 00
9018 39 90
9018 41 00
9018 49 10
9018 49 90
9018 50 00
9018 90 20
9018 90 40
9018 90 90
9019 10 00
9019 20 00
9020 00 00
9021 21 90
9022 12 00
9022 13 00
9022 14 00
9022 19 00
9022 21 00
9022 29 00
9022 30 00
9022 90 00
9023 00 00
9024 10 00
9024 80 00
9024 90 00
9025 11 00
9025 19 00
9025 80 00
9025 90 00
9026 10 00
9026 20 00
9026 80 00
9026 90 00
9027 10 00
9027 20 00
9027 30 00
9027 40 00
9027 50 00
9027 80 00
9027 90 00
9028 10 00
9028 20 10
9028 20 20
9028 30 00
9028 90 00
9029 10 00
9029 20 00
9029 90 00
9030 10 00
9030 20 00
9030 31 00
9030 39 00
9030 40 00
9030 82 00
9030 83 00
9030 89 00
9030 90 00
9031 10 00
9031 20 00
9031 30 00
9031 41 00
9031 49 00
9031 80 00
9031 90 00
9032 10 00
9032 20 00
9032 81 00
9032 89 00
9032 90 00
9033 00 00
9101 11 00
9109 11 00
9112 20 90
9112 90 10
9306 10 00
9504 40 00
9508 90 00
9542 29 00
9613 90 00
List of products referred to in Article 17(4)
ANNEX 4Supplementary provisions
ANNEX 4
List of products referred to in Article 17(4)
Tariff heading
(Algerian customs tariff)
0401.1000
0401.2010
0401.2020
0401.3010
0401.3020
0403.1000
0405.1000
0406.2000
0406.3000
0406.4000
0406.9090
0407.0020
0409.0000
0701.9000
0703.2000
0710.1000
0710.2100
0710.2200
0710.2900
0710.3000
0710.4000
0710.8000
0710.9000
0711.2000
0711.3000
0711.4000
0712.9010
0712.9090
0801.1100
0801.1900
0801.2100
0801.2200
0802.1200
0802.3100
0802.3200
0806.1000
0806.2000
0808.1000
0808.2000
0812.9000
0813.1000
0813.2000
1101.0000
1103.1120
1105.1000
1105.2000
1512.1900
1517.1000
1604.1300
1604.1400
1604.1600
1704.1000
1806.3100
1806.3200
1806.9000
1901.2000
1902.1900
1902.2000
1902.3000
1902.4000
1905.3100
1905.3900
1905.4010
1905.4090
1905.9090
2001.1000
2001.9010
2001.9020
2001.9090
2002.9010
2002.9020
2005.2000
2005.4000
2005.5100
2005.5900
2005.9000
2006.0000
2007.1000
2007.9100
2007.9900
2009.1900
2009.2000
2009.3000
2009.4000
2009.5000
2009.6000
2009.7000
2009.8090
2009.9000
2102.1000
2102.2000
2102.3000
2103.3090
2103.9010
2103.9090
2104.1000
2104.2000
2106.9090
2201.1000
2201.9000
2202.1000
2202.9000
2203.0000
2204.1000
2204.2100
2204.2900
2204.3000
2209.0000
2828.9030
3303.0010
3303.0020
3303.0030
3303.0040
3304.1000
3305.9000
3307.1000
3307.2000
3307.3000
3307.9000
3401.1100
3401.1990
3402.2000
3605.0000
3923.2100
3923.2900
3925.9000
3926.1000
4802.5600
4802.6200
4814.2000
4817.1000
4818.1000
4818.3000
4818.4020
4820.2000
5407.1000
5702.9200
5703.1000
5703.2000
5805.0000
6101.1000
6101.2000
6101.3000
6101.9000
6102.1000
6102.2000
6102.3000
6102.9010
6102.9090
6103.1100
6103.1200
6103.1900
6103.2100
6103.2200
6103.2300
6103.2900
6103.3100
6103.3200
6103.3300
6103.3900
6103.4100
6103.4200
6103.4300
6103.4900
6104.1100
6104.1200
6104.1300
6104.1900
6104.2100
6104.2200
6104.2300
6104.2900
6104.3100
6104.3200
6104.3300
6104.3900
6104.4100
6104.4200
6104.4300
6104.4400
6104.4900
6104.5100
6104.5200
6104.5300
6104.5900
6104.6100
6104.6200
6104.6300
6104.6900
6105.1000
6105.2000
6105.9000
6106.1000
6106.2000
6106.9000
6107.1100
6107.1200
6107.1900
6107.2100
6107.2200
6107.2900
6108.1100
6108.1900
6108.2100
6108.2200
6108.2900
6108.3100
6108.3200
6108.3910
6108.3990
6109.1000
6109.9000
6110.1100
6110.1200
6110.1900
6110.2000
6110.3000
6110.9000
6111.1000
6111.2000
6111.3000
6111.9000
6112.1100
6112.1200
6112.1900
6112.3100
6112.3900
6112.4100
6112.4900
6115.1100
6115.1200
6115.1900
6115.2000
6115.9100
6115.9200
6115.9300
6115.9900
6201.1100
6201.1200
6201.1300
6201.1900
6202.1100
6202.1200
6202.1300
6202.1900
6203.1100
6203.1200
6203.1900
6203.2100
6203.2200
6203.2300
6203.2900
6203.3100
6203.3200
6203.3300
6203.3900
6203.4100
6203.4200
6203.4300
6203.4900
6204.1100
6204.1200
6204.1300
6204.1900
6204.2100
6204.2200
6204.2300
6204.2900
6204.3100
6204.3200
6204.3300
6204.3900
6204.4100
6204.4200
6204.4300
6204.4400
6204.5100
6204.5200
6204.5300
6204.5900
6204.6100
6204.6200
6204.6300
6204.6900
6205.1000
6205.2000
6205.3000
6205.9000
6206.1000
6206.2000
6206.3000
6206.4000
6206.9000
6207.1100
6207.1900
6207.2100
6207.2200
6207.2900
6207.9100
6208.1100
6208.1900
6208.2100
6208.2200
6208.2900
6211.1100
6211.1200
6211.3210
6211.3900
6212.1000
6212.2000
6213.9000
6214.1000
6214.9000
6215.9000
6301.2000
6301.3000
6301.4000
6301.9000
6302.2100
6302.2200
6302.2900
6304.1900
6304.9900
6309.0000
6401.1000
6401.9900
6402.1900
6402.2000
6402.3000
6402.9900
6403.1900
6403.2000
6403.4000
6403.5100
6403.5900
6403.9100
6403.9900
6404.1100
6404.1900
6404.2000
6405.1000
6405.2000
6405.9000
6908.1000
6908.9000
6911.1000
6911.9000
7003.1200
7007.1110
7007.2110
7013.1000
7013.2900
7013.3200
7013.3900
7020.0010
7318.1100
7318.1200
7318.1500
7318.1600
7318.1900
7318.2100
7318.2200
7318.2300
7318.2900
7321.1119
7322.1100
7322.1900
7323.9100
7323.9200
7323.9300
7323.9400
7323.9900
7324.1000
7615.1900
8414.5110
8415.1090
8415.8190
8418.1019
8418.2119
8418.2219
8418.2919
8418.3000
8419.1190
8419.8119
8422.1190
8405.1190
8450.1290
8450.1919
8450.1999
8452.1090
8481.8010
8481.9000
8501.4000
8501.5100
8504.1010
8506.1000
8507.1000
8509.4000
8516.1000
8516.3100
8516.4000
8516.7100
8517.1100
8517.1990
8527.1300
8527.2100
8527.3130
8528.1290
8528.1390
8528.2190
8529.1060
8529.1070
8533.1000
8536.5010
8536.5090
8536.6190
8536.6910
8536.6990
8536.9020
8539.2200
8543.8900
8711.1090
9001.4000
9006.5200
9006.5300
9028.2010
9401.6100
9401.6900
9401.7100
9401.7900
9403.5000
9403.6000
9403.8000
9404.1000
9404.2900
9405.1000
9405.4000
9405.9100
9405.9900
9606.2100
9606.2200
9606.2900
9607.1100
9607.1900
9608.1000
9608.9900
9609.1000
9617.0000
IMPLEMENTING RULES FOR ARTICLE 41
ANNEX 5Supplementary provisions
ANNEX 5
IMPLEMENTING RULES FOR ARTICLE 41
CHAPTER I
GENERAL PROVISIONS
1. Objectives
Cases relating to practices contrary to Article 41(1)(a) or (b) of this Agreement shall be dealt with by applying the appropriate legislation, in order to avoid adverse effects on trade and economic development and the possible negative impact that such practices may have on the other Party’s important interests.
The competence of the Parties’ competition authorities to deal with these cases shall flow from the existing rules of their respective competition laws, including where these rules are applied to undertakings located outside their territory, but whose activities affect that territory.
The purpose of these rules is to promote cooperation and coordination between the Parties in the application of their competition laws in order to ensure that restrictions on competition do not block or cancel out the benefits which should be ensured following the progressive liberalisation of trade between the European Community and Algeria.
2. Definitions
For the purposes of these rules:
(a)
‘competition law’ shall mean:
(i)
for the European Community (the Community), Articles 81 and 82 of the EC Treaty, Council Regulation (EEC) No 4064/89 and related secondary legislation adopted by the Community;
(ii)
For Algeria, Competition Decree No 95-06 of 23 Sha’ban 1415 corresponding to 25 January 1995, and its implementing provisions;
(iii)
and any amendments to or repeal of those laws;
(b)
‘competition authority’ shall mean:
(i)
for the Community: the Commission of the European Community as to its responsibilities pursuant to the competition law of the Community;
(ii)
for Algeria: the Conseil de la Concurrence (Competition Board);
(c)
‘enforcement activity’ shall mean any application of competition law by way of investigation or proceeding conducted by the competition authority of a Party, which may result in penalties or remedies;
(d)
‘anti-competitive activity’ and ‘conduct and practices which restrict competition’ shall mean any conduct or transaction that is impermissible under the competition laws of a Party and may be subject to penalties or remedies.
CHAPTER II
COOPERATION AND COORDINATION
3. Notification
3.1. Each Party’s competition authority shall notify the other of its enforcement activities where:
(a)
the notifying Party considers them relevant to enforcement activities of the other Party;
(b)
they may significantly affect important interests of the other Party;
(c)
they relate to restrictions on competition which may directly and substantially affect the territory of the other Party;
(d)
they involve anti-competitive activities carried out mainly in the territory of the other Party;
and
(e)
they condition or prohibit action in the territory of the other Party.
3.2. To the extent possible, and provided that this is not contrary to the Parties' competition laws and does not adversely affect any investigation being carried out, notification shall take place during the initial phase of the procedure, to enable the notified competition authority to express its opinion. The notified authority shall give due consideration to the opinions received when taking decisions.
3.3. The notifications provided for in Article 3.1 of this Chapter shall be detailed enough to permit an evaluation in the light of the interests of the other Party.
3.4. The Parties undertake to give the above notification wherever possible, depending on available administrative resources.
4. Exchange of information and confidentiality
4.1. The Parties shall exchange information which will facilitate the effective application of their respective competition laws and promote a better understanding of their respective legal frameworks.
4.2. The exchange of information shall be subject to the standards of confidentiality applicable under the law of each Party. Confidential information whose dissemination is expressly prohibited or which, if disseminated, could adversely affect the Parties, shall not be provided without the express consent of the source of the information. Each competition authority shall maintain, to the fullest extent possible, the confidentiality of any information provided to it in confidence by the other competition authority under the rules and shall oppose, to the fullest extent possible, any application for disclosure of such information by a third party that is not authorised by the competition authority that supplied the information.
5. Coordination of enforcement activities
5.1. Each competition authority may notify the other of its willingness to coordinate enforcement activities with respect to a specific case. This coordination shall not prevent the competition authorities from taking autonomous decisions.
5.2. In determining the extent of coordination, the competition authorities shall consider:
(a)
the results which coordination could produce;
(b)
the additional information to be obtained;
(c)
the reduction in costs for the competition authorities and the economic agents involved,
and
(d)
the applicable deadlines under their respective legislations.
6. Consultation when important interests of one Party are adversely affected in the territory of the other Party
6.1. A competition authority which considers that one or more undertakings situated in one Party’s territory are or have been engaged in anti-competitive activities of whatever origin that are substantially and adversely affecting the interests of the Party it represents may request consultations with the other competition authority, recognising that entering into such consultations is without prejudice to any action under its competition laws and to the full freedom of ultimate decision of the competition authority concerned. The requested competition authority may take the appropriate remedial action, in the light of the legislation in force.
6.2. Each Party shall, wherever possible and in accordance with its own legislation, take into consideration the important interests of the other Party in the course of its enforcement activities. A competition authority which considers that an enforcement activity being conducted by the competition authority of the other Party under its competition law may affect the important interests of the Party it represents should transmit its views on the matter to or request consultations with the other competition authority. Without prejudice to the continuation of its action under its competition laws or to its full freedom of ultimate decision, the competition authority so addressed should give full and sympathetic consideration to the views expressed by the requesting competition authority, and in particular to any suggestions as to alternative means of fulfilling the needs and objectives of the enforcement activity.
7. Technical cooperation
7.1. The Parties shall be open to technical cooperation in order to enable them to take advantage of their respective experience and to strengthen the implementation of their competition law and policies.
7.2. Cooperation shall include the following activities:
(a)
training for officials, to enable them to gain practical experience;
(b)
seminars, in particular for civil servants;
and
(c)
studies of competition law and policies, with a view to supporting their development.
8. Modification and update of the rules
The Association Committee may amend these rules.
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY
ANNEX 6Supplementary provisions
ANNEX 6
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY
1. Before the end of the fourth year from the entry into force of this Agreement, Algeria and the European Communities and/or their Member States shall, to the extent they have not yet done so, accede to, and ensure an adequate and effective implementation of the obligations arising from, the following multilateral conventions:
—
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961), known as the ‘Rome Convention’;
—
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended 1980), known as the ‘Budapest Treaty’;
—
Agreement on Trade-Related Aspects of Intellectual Property Rights (Marrakech, 15 April 1994), taking into consideration the transitional period provided for developing countries in Article 65 of that Agreement;
—
Protocol relating to the Madrid Agreement concerning the International Registration of Marks (1989), known as ‘The Protocol relating to the Madrid Agreement’;
—
Trademark Law Treaty (Geneva 1994);
—
WIPO Copyright Treaty (Geneva, 1996);
—
WIPO Performances and Phonograms Treaty (Geneva, 1996).
2. Both Parties shall continue to ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions:
—
Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977), known as the ‘Nice Agreement’;
—
Patent Cooperation Treaty (1970, amended in 1979 and modified in 1984);
—
Paris Convention for the Protection of Industrial Property in the 1967 Act of Stockholm (Paris Union), hereafter referred to as the ‘Paris Convention’;
—
Berne Convention for the Protection of Literary and Artistic Works in the Act of Paris of 24 July 1971, known as the ‘Berne Convention’;
—
Madrid Agreement concerning the International Registration of Marks in the 1969 Act of Stockholm (Madrid Union), known as ‘Madrid Agreement’;
and
meanwhile, the Contacting Parties express their attachment to observing the obligations flowing from the above multilateral conventions. The Association Committee may decide that this paragraph shall apply to other multilateral conventions in this field.
3. By the end of the fifth year after the entry into force of this Agreement, Algeria and the European Community and/or its Member States shall, to the extent they have not yet done so, accede to, and ensure an adequate and effective implementation of the obligations arising from, the International Convention for the Protection of New Varieties of Plants (Geneva Act, 1991), known as ‘UPOV’.
Accession to this Convention may be replaced by the implementation of an adequate and effective sui generis system of protection of plant varieties if both parties agree.
TITLE IX — INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Nothing in this Agreement shall prevent a Contracting Party from taking any measures:
(a)
which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b)
which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
(c)
which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
In the fields covered by this Agreement, and without prejudice to any special provisions contained therein:
—
the arrangements applied by Algeria in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,
—
the arrangements applied by the Community in respect of Algeria shall not give rise to any discrimination between Algerian nationals, companies or firms.
Nothing in this Agreement shall have the effect of:
—
extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound,
—
preventing the adoption or application by either Party of any measure aimed at preventing the avoidance or evasion of taxes,
—
opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in identical situation, in particular as regards their place of residence.
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests.
Protocols 1 to 7 and Annexes 1 to 6 shall form an integral part of this Agreement.
For the purposes of this Agreement, ‘Parties’ shall mean, on the one hand, the Community or the Member States, or the Community and its Member States, in accordance with their respective powers, and, on the other hand, Algeria.
This Agreement shall be concluded for an unlimited period.
Each of the Parties may denounce this Agreement by notifying the other Party. The Agreement shall cease to apply six months after the date of such notification.
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of the People's Democratic Republic of Algeria.
This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.
1. This Agreement will be approved by the Contracting Parties in accordance with their own procedures.
This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first subparagraph have been completed.
2. Upon its entry into force, this Agreement shall replace the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria and the Agreement between the Member States of the European Coal and Steel Community and the People's Democratic Republic of Algeria, both of which were signed in Algiers on 26 April 1976.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.