RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/DZA/15/Add.2
18 April 2002
(02-2138)
Working Party on the
Accession of AlgeriaOriginal:  French
ACCESSION OF ALGERIA
Additional Questions and Replies
Addendum
The Permanent Mission of the Republic of Algeria has communicated to the Secretariat the
replies to the additional questions put by Members.  The questions and replies are reproduced below.WT/ACC/DZA/15/Add.2
Page 2
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3
1. Import Regulation............................................................................................................ .........3
(d) Other duties and charges.................................................................................................... .........3
(e) Quantitative im port restri ctions ............................................................................................ ......3
(o) Safeguard  regime ............................................................................................................ ............8
3. Internal policies affectin g foreign trade in goods...................................................................8
(c) Sanitary and phyt osanitary measures......................................................................................... .8
4. Policies affecting trade in agricultura l products....................................................................9
(a) Im ports..................................................................................................................... ...................9
(b) Exports..................................................................................................................... ...................9
VI. TRADE-RELATED  SE RVICES RE GIME ........................................................................10
1. General...................................................................................................................... ...............10WT/ACC/DZA/15/Add.2
Page 3
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(d) Other duties and charges
Question 1
We would appreciate a clarification on how the fixed customs charge of 2 per cent
collected on imports is consistent with Article VII(a) of the GATT.  This Article provides all fees
and charges of whatever character connected to imports and exports shall be limited in amount
to the approximate cost of services rendered.  We also would appreciate a clarification along the
same lines for the 0.4 per cent customs charge collected on exports.
Reply
Algeria will be bringing the 2 per cent and 0.4 per cent (four per thousand) charges into
conformity with Article VIII of the GATT by the end of 2003.
(e) Quantitative import restrictions
Question 2
We would appreciate being provided with a full list of products where import
restrictions apply.  The memorandum document mentions only 'narcotic drugs', 'weapons' etc.
Algeria is asked to clarify the criteria used to  determine when an import restriction will apply.
We understood that Algeria had undertaken to provide this information but we would
appreciate clarification of where it is available.
Reply
The list of products subject to non-tariff measures is provided below:WT/ACC/DZA/15/Add.2
Page 4Product Measure Grounds Justification under WTO rules
Pharmaceutical products Prior authorization Protection of pu blic health Necessary to protect human life or health
(GATT, Article XX(b))
Medical supplies, medical materials, equipment and apparatus Prior authorization Protection of public health Necessary to protect human life or health
(GATT, Article XX(b))
Blood products, narcotics, vaccines and radio-pharmaceutical
medicinesMonopoly of importation
and wholesale distribution
reserved to StateenterprisesProtection of public health Necessary to protect human life or health
(GATT Article XX(b))
Second hand clothing Certificate of disi nfection Protection of public health Necessary to protect human life or health
(GATT, Article XX(b))
Sensitive equipment:
- ordinary binoculars and monoculars without accessories to
provide them with special capacity;
- optical telescopes; and panoramic telescopesPrior authorization Security Article XX of the GATT (security exception)
Implements, weapons and ammunition not considered to be
implements of war:
- so-called defensive firearms and their ammunition as well as
bullet proof material and equipment;
- hunting weapons and their ammunition;- bladed weapons ( armes blanches );
- target weapons, fair weapons, or parlour weapons and their
ammunition;
- historical and collector's weapons and ammunition.Prior authorization Security Article XX of the GATT (security exception)
Bookshop articles Prior authorization Protection of public
moralsNecessary to protect public morals (GATT,
Article XX(a))
Animal products and products of animal origin:
- Solipedal species: cattle, goats, sheep, camels and pigs;  pets,
animals, including dogs and cats;
- domestic fowl (chickens, turkeys, geese, ducks, guinea fowl,
etc.) and rabbits and similar animals;
- exotic birds and animals, such as canaries, parrots, pheasants,
partridges, quail and zoo animals;
- bees, fish, crayfish, snails, tortoises, frogs, snakes;
- rodents;
- game;
- treated or processed animal products irrespective of their
destination;Sanitary inspection on
entry and exit from thenational territoryProtection of human,
animal or plant life orhealthNecessary to protect human, animal or plant life
or health (GATT, Article XX(b))WT/ACC/DZA/15/Add.2
Page 5Product Measure Grounds Justification under WTO rules
- meat, milk and milk products, eggs, honey, wool, untreated
skins, semen for artificial insemination, zygotes;
- intestines;
- fodder and feeds for animal consumption.
All plants, plant products and plant material.Sanitary inspection on
entry and exit from the
national territory
Phytosanitary controlProtection of human,
animal or plant life or
health
Protection of human,
animal or plant life orhealthNecessary to protect human, animal or plant life
or health (GATT, Article XX(b))
Necessary to protect human, animal or plant life
or health (GATT, Article XX(b))
Toys imitating hand guns Importation prohibited Security Article XXI of the GATT (security exception)
Toxic or particularly hazardous products
- bleaching agents (in liquid or powder form) containing chlorine;
- cleaning and/or disinfecting agen ts, including cleaning products
for enamel surfaces, floors, windows, ovens and toilets, carpetshampoo and washing products (washing and dishwashingpreparations);Prior authorization Protection of public health Necessary to protect human life or health
(GATT, Article XX(b))
- cleaning solvents (stain removers, etc.);
- wax polishes:  wax preparations and turpentine or white spirit
for polishing furniture and floors;
- products used to polish, clean or plate metal;
- antifungal products:  pesticides for domestic use, including
weedkillers, insecticides, rat poison, fungicides, moth-proofing;
- MatchesPrior authorization Protection of public health Necessary to protect human life or health
(GATT, Article XX(b))
- Products containing methyl alcohol;
- Paint and varnish strippers;
- Liquids,  powders, foam and other fire-extinguishing products;
- Anti-freeze preparations;
Caustic products:  including acids, mineral bases (sodium,potassium, ammonia);WT/ACC/DZA/15/Add.2
Page 6Product Measure Grounds Justification under WTO rules
- Ammonia, organic bases, oxidants (hypochlorites, peroxides,
permanganates, perborates), aldehydes (formaldehydes,
acetaldehydes), epoxides and phenols;
- Anti-mist products for linen (including hydrofluoric acid and
oxalic acid);
- Sprays (other than cosmetic and personal hygiene products);
- Products for children's education and recreation such as
chemistry sets or containing accessible chemicals, children's
paints and modelling clay;
- Protective coatings, including
- paints, varnishes, woodworm protection, polishes and water-
proofings; paints, varnishes, woodworm protection, cigarettesand water-proofings;Prior authorization Protection of public health Necessary to protect human life or health
(GATT, Article XX(b))
- Glues and adhesives;  foods containing concentrated
sweeteners;
- Products for children's education and recreation such as toys,
children's drawing instruments, coloured materials (plastics),paper and boxes sold as toys, dyed cloth;
- Children's articles, especially dummies, prams, pushchairs,
folding prams, fixed or folding children's beds, carry-cots(cradles and cots), nappy-changing tables, children's chairs,
baby-walkers, playpens, feeding-bottles;
- Ceramic containers and other plastic kitchen utensils;
- Batteries; and
- Thermometers.Prior authorization Protection of health Necessary to protect human life or health
(GATT, Article XX(b))
Toxic or particularly hazardous products:
- Cleaning solvents containing:  acetone, dimethyl ketone,
(2-propanol);
- Toys, materials and other products for children's education or
recreation containing:  boric acid and boric salts, orthoboricacid, boracic acid;
- Cleaning agents containing hydrocyanic acid and its salts;
- Glues and adhesives containing benzene;
- Toys and other products for children's education or recreation
containing benzene;
- Toys and other products for children's education or recreation
containing ethyl bromoacetate;Prohibition on
importation andmanufactureProtection of health Necessary to protect human life or health
(GATT, Article XX(b))WT/ACC/DZA/15/Add.2
Page 7Product Measure Grounds Justification under WTO rules
- Cleaning agents and polishes containing 1,2 dichloroethane,
ethylene chloride;
- Cleaning agents containing cyanogen chloride;
-  Cleaning agents containing:  monochloromethane, methyl
chloride;
- Cleaning agents containing titanium chloride;
- Plastic articles containing vinylidene chloride;
- Glues and adhesives containing alkyl cyanocrylate;
- Aerosols and containers for alcohols containing vinyl chloride
or chloroethylene;
- Toys, materials and other children's educational products
containing ethyl ether, et hyl alcohol, diethyl oxide;
- Fire-extinguishing liquids containing aliphatic hydrocarbons;
- Toys, materials and other children's educational products made
entirely of or impregnated with cellulose nitrate;
- Toys, materials and other children's educational products
containing lead pigments;
- Matches and toys containing white phosphorus;
- Cleaning solvents, diluents and dyes containing toluene,
methylbenzene;
- Any consumer product containing the following chemicals:
carbon tetrachloride, tetrachloromethane, arsenic and itscompounds, amino dibenzyl, amino diphenyl, amino biphenyl;parbiphenylamine,  blue asbestos, benzidine, N, N-bis (2-chloro
ethyl-2), naphthylamine-2, dichloromethyl ether (BCME),
chloromethyl ether,  betanaphthylamine (2-naphthylamine),lindane, captane, methyl parathion, DDT, bis 2 chloro ethylsulphide or mustard gas, 1-3 sulphonated propane,diethylstilboestrol, strychnine.Prohibition on
importation and
manufactureProtection of health Necessary to protect human life or health
(GATT, Article XX(b))
Measuring instruments to measure size. Approval of conformity
with the approved model
in AlgeriaAlgeria uses the metric
systemLocal circumstances (metric system of
measurement)WT/ACC/DZA/15/Add.2
Page 8
(o) Safeguard regime
Question 3
We would appreciate receiving more information on Algeria's safeguard regime, for
example when will it be implemented, and what are the conditions for safeguards to be used?
Reply
Algeria does not have a safeguard regime that is consistent with the WTO Agreement on
Safeguards.  The provisional timetable for enacting the domestic legislation or regulations designed to
ensure conformity with the WTO agreements (D ocument WT/ACC/DZA/14/A dd.2) provides for the
introduction of such a regime.
3. Internal policies affecting foreign trade in goods
(c) Sanitary and phytosanitary measures
Question 4
Algeria is asked to confirm that it intends to operate only one enquiry point for SPS
enquiries.  According to the reply to question 83 in WT/ACC/DZA/2, Algeria has two enquiry
points under the authorities of the Ministries of  Agriculture and Fisheries.  Can Algeria please
clarify how this will be consistent with Annex B of the SPS Agreement, which requires Members
to have only one enquiry point?
We would also appreciate clarification as to whether Algeria has a single government
authority responsible for the implementation of notification procedures.  This is a requirement
of Annex B of the SPS Agreement.
According to Algeria's memorandum the "i mports of animals and animal products
capable of propagating contagious animal diseases to humans or animals are prohibited" and
"imports of animals are authorized only from co untries where the sanitary situation is at least
the same as in Algeria".  Algeria is asked to explain how these conditions are assessed and how
these assessments will meet the requirements under the SPS Agreement.
Reply
Annex 5 of the Memorandum on Algeria's Fo reign Trade Regime (WT/ACC/DZA/14/Add.3)
provides answers to the questions regarding e nquiry points and the authority responsible for
notifications.
However, since a number of changes are planned, reference will also need to be made to the
replies to the questions contained in document WT/ACC/8 which Algeria will be sending to the WTO
Secretariat shortly.
Algeria bases its evaluation of the zoosanitary situations in the different countries wishing to
export animals, animal products and products of animal origin to its territory on the official reportsand official declarations of diseases from the International Office of Epizootics, and on the
requirements set forth in the International Animal Health Code.
It also submits to its partners for approval bilaterally established certification models, on the
basis of the International Animal Health Code  and the standards established in the Codex.WT/ACC/DZA/15/Add.2
Page 9
Moreover, bilateral conventions can be concluded with all countries providing for the
circulation of information and the assessment of import risk.
4. Policies affecting trade in agricultural products
(a) Imports
Question 5
The Memorandum states that there is a possibility a tariff quota system will be
introduced because of the "overall annual bill for imports of agro-products".  Algeria is asked
to provide more information on its proposed cr iteria to determine when a tariff quota system
would be necessary, and to provide an explanation of why a tariff-only regime would be
inadequate in those cases.  New Zealand's st rong preference is for acceding Members to use a
tariff only regime upon accession.
Reply
In our preceding replies, we have clearly recalled our status as a net food-importing
developing country.  As such, and given the current inadequacies of its agricultural production andfood security considerations, Algeria is planning to introduce import controls for certain basic
products included in the National Agricultural Development Plan (PNDA).
Moreover, these controls form part of an effort to organize the local market and develop
participatory mechanisms for consultation and regu lation in inter-trade forums, which will allow
proper regulation of markets and consequently of imports.
In this context, the tariff quota system (Article 4 of the Agreement on Agriculture) remains a
suitable instrument, in that it ensures both the preservation of local production and the stability of
supply to the domestic market through imports.
The tariff quota administration system will be selected to ensure non-discrimination,
procedural transparency, administrative flexibility and the strengthening of free trade (Article VIII of
the GATT 1994).
(b) Exports
Question 6
Algeria had indicated that it does not currently apply export subsidies.  According to the
reply to question 110 of WT/ACC/DZA/2 Algeria has said that it does not visualize entering into
any immediate commitments which might bind export subsidies at zero and that it will be
seeking to rely on its status as a developing country under Article 27 of the Agreement onSubsidies and Countervailing Duties.  We would appreciate an indication of instances in which
Algeria considers it might have recourse to export subsidies and further clarification of why
Algeria would be unable to bind export subsidies at zero.
Algeria has helpfully provided draft agriculture support tables covering Green Box, but
has indicated that it is unable to provide further details until an evaluation of domestic and
export subsidies has been concluded.  We would be grateful for an indication of when the
exercise will be completed and the information made available to the Working Party in a
manner consistent with normative document WT/ACC/5.WT/ACC/DZA/15/Add.2
Page 10
Reply
At present, there is a mechanism for subsidizing exports other than hydrocarbons.
This mechanism is part of the national policy aimed at diversifying exports.
Recourse to agricultural export subsidies is envisaged in conformity with Article 9.4 of the
Agreement on Agriculture.
In this connection we should point out that Algeria is essentially an exporter of hydrocarbons
and the share of agricultural exports is insignificant, not exceeding 1 per cent of total export revenue.
The details of the subsidies for agricultural exports using the ACC/4 model will be
transmitted as soon as they are finalized.
- Domestic support
The calculation of domestic support has been finalized.  The reference period used for its
calculation is the average of the past three years (1999-2001).
Its presentation, using the WT/ACC/4 "domestic support" format, is being prepared and will
be transmitted to the WTO Secretariat as soon as it has been finalized.
VI. TRADE-RELATED  SERVICES REGIME
1. General
Question 7
With reference to the Memorandum submitted by Algeria to the WTO Secretariat, we
would like to have as much information as poss ible on the recent or pr oposed liberalization of
air transport services.
Reply
The entire legislative and regulatory system has been reviewed to adapted it to the context of
transition to a market economy and to prepare the transport sector for the competition generated by
globalization.
Thus, Law No. 96-08 of 27 June 1998 on civil aviation was amended in 2000 with the
abolition of the air transport monopoly hitherto held by the national airline, Air Algerie.  To date,
three private airlines have begun operating air transport services alongside Air Algerie.
This Law also enables private domestic and foreign enterprises to obtain a concession for the
planning and operation of airports.
Moreover, ground handling services in airports are to be opened up to competition.In future, all bilateral air transport agreements will be negotiated on the basis of multiple
designation  of air transport companies.WT/ACC/DZA/15/Add.2
Page 11
Question 8
Are aircraft maintenance services, reservat ion system services, and selling and
marketing of air transport services still subject to monopoly provision or other restrictions?
Reply
All of the services are open to domestic and international competition.
Question 9
Pages 91-95 of the memorandum describe in some detail the general structure of postal
services, including types of concession that may be granted to public and private operators inthe sector.  It would be appreciated if Algeria could further outline the exact nature of the
remaining monopoly in the postal sector, those services which will now be open to competition,
and any restrictions which will apply to foreign services providers.  In particular, we would be
interested to know whether any restrictions will apply to the provision of consulting services in
relation to the postal sector.
Reply
The description of the opening up to competition of the posts and telecommunications sector
mentioned in pages 91-95 of the memorandum (WT/ACC/DZA/14/ Add.1 of 24 August 2001, English
version) is set forth in greater detail in Law No. 03-2000 of 5 August 2000, the objective of which is
to develop and supply postal services of quality under objective, transparent and non-discriminatory
conditions in a competitive environment, whilst safe guarding the general interest (Article 1 of the
Law).
The specific legal regime for postal services contained in Articles 61 to 66 of Law 03-2000
was specified in Executive Decree No. 01-418 of 20 December 2001, which provides for three
regimes:
- Exclusive regimeThe establishment, exploitation and supply of:- Postal services for letters not exceeding 2 kg. by weight;- postal orders;
- postal cheques;
- the issue of postage stamps and other franking marks.These services are established, operated and supplied exclusively by the public operator,
Algérie-Poste .
- Authorization regimeThe establishment, operation and/or supply of international express delivery services are
subject to authorization by the Regulation Authority.  This authorization is contingent on the
acceptance of a set of specifications prepared by that authority and the payment of a fee (20 million
Algerian dinars), fixed by Decree 02-44 of 14 January 2002.WT/ACC/DZA/15/Add.2
Page 12
- Simple declaration regime
The establishment and/or supply of postal services other than those covered by the preceding
regimes are covered by the simple declaration regime.
Question 10
Are we to understand that other than through the establishment of private vocational
training institutes, no private sector participation is permitted in the education system, whether
of domestic or foreign origin?
Reply
Higher education:
Law 99-05 of 4 April 1999 (Framework Law on Higher Education) lays down, in Article 41,
the principle of the participation of legal entities under private law in the provision of higher
education.
This participation is subject to approval by the Ministry responsible for higher education,
whose regulations on granting and control procedures are currently being examined by the services
concerned.
National education (primary and secondary):
The Algerian educational system is currently governed by Ordinance No. 76-35 of
16 April 1976, which provides for State education for all.  However, a number of private initiatives
are under way pending institutionalization in the framework of the forthcoming reform of theeducational system - indeed, the National Commission for the Reform of the Educational System
advocates, in its report, the introduction of private education.  This report is currently being examined
by the Government with a view to its implementation.
It should be noted, however, that the educational system has already begun to open up to the
private sector as regards the services it offers, in particular the publication of school books.  Indeed,
this activity is no longer a State monopoly:  a National Approval and Acceptance Commission has
been set up, and has already begun the process of acceptance of school-related publications pending
the production of new textbooks in the framework of the reorganization of programmes with the
implementation of the reform of the educational system.
Question 11
We would be interested to know whether any such limitations to private sector
education provision extend to the cross-border and consumption abroad modes of supply.
Reply
Higher education:
The cross-border and consumption abroad modes of supply of higher educational services by
the private sector concern two branches:  teaching institutions and students.
For the first of these two, the reply is provided above (see reply to Question 10).WT/ACC/DZA/15/Add.2
Page 13
As regards students, there are two categories:  Algerian students studying abroad and foreign
students studying in Algeria.
Algerian students studying abroad:  these may or may not be scholarship holders.  Those who
are not benefit from a financial transfer equivalent to 9000 dinars per month.
Foreign students studying in Algeria:  these students are in Algeria either in the framework of
bilateral agreements, in which case they are legally registered scholarship holders, or they are there
privately, and registered according to the places available.
National education (primary and secondary):Limitations of this type do not apply to the cross-border supply and consumption abroad
modes.
Question 12
We would welcome information from Algeria on the shape of regulation in the
engineering sector.  For example, is this a regul ated profession?  Are certain services restricted
to registered engineers?  Is membership of a professional body required for the provision of
engineering services?  If so, is there a process in  place for the recognition, on either a reciprocal
or unilateral basis, of professional qualifications and registration obtained in other
jurisdictions?  Is there any residency requirement  attached to the provision of any engineering
services?
Reply
Engineering services are partly regulated by a ministerial order of 15 May 1988 on the
modalities governing the practice and remuneration of project design and construction supervision,
amended by an interministerial decree of 4 July 2001.  However, the practice of project design and
construction supervision by the engineering profession is contingent upon the issue of a certificate of
approval for a renewable period of two years.
This approval is granted on the advice of a sectoral commission.
Services are restricted to registered engineers according to their special field.Subject to the necessary qualifications, foreign design offices are not required to belong to
any professional body.
There is no residency requirement attached to the provision of engineering services.
However, a design office wishing to operate in Algeria must abide by the provisions laid down in the
Government Procurement Code and the Commercial Code.
Foreign design offices wishing to establish themselves in Algeria may enter partnerships with
one or several Algerian operators or operators under Algerian law.
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