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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

(2005/690/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

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.

Article 2

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.

Article 3

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.

Done at Brussels, 18 July 2005.

For the Council

The President

J. STRAW

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(1)OJ C 279 E, 20.11.2003, p. 115.

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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

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE AUSTRIAN REPUBLIC,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community,

hereinafter referred to as the ‘Member States’, and

THE EUROPEAN COMMUNITY, hereinafter referred to as the Community, of the one part, and

THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA hereinafter referred to as ‘Algeria’,

of the other part,

CONSIDERING the proximity and interdependence which historic links and common values have established between the Community, its Member States and Algeria,

CONSIDERING that the Community, its Member States and Algeria wish to strengthen those links and to establish lasting relations, based on reciprocity, solidarity, partnership and co-development,

CONSIDERING the importance which the Parties attach to the principles of the United Nations Charter, particularly the observance of human rights and political and economic freedom, which form the very basis of the Association,

CONSCIOUS, on the one hand, of the importance of relations in an overall Euro-Mediterranean context and, on the other, of the objective of integration between the countries of the Maghreb,

DESIROUS of fully achieving the objectives of the association between them by implementing the relevant provisions of this Agreement to bring the levels of economic and social development of the Community and Algeria closer to each other,

CONSCIOUS of the importance of this Agreement, which is based on reciprocity of interests, mutual concessions, cooperation and dialogue,

DESIROUS of establishing and developing political consultation on bilateral and international issues of mutual interest;

CONSCIOUS that terrorism and international organised crime represent a threat to the fulfilment of the objectives of the partnership and to stability in the region,

TAKING ACCOUNT of the Community's willingness to provide Algeria with decisive support in its endeavours to bring about economic reform and adjustment and social development,

CONSIDERING the commitment of both the Community and Algeria to free trade, in compliance with the rights and obligations arising out of the General Agreement on Tariffs and Trade (GATT) in its post-Uruguay Round form,

DESIROUS of establishing cooperation sustained by regular dialogue on economic, scientific, technological, social, cultural, audio-visual and environmental issues in order to achieve better mutual understanding,

CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as Member States of the Community, until the United Kingdom or Ireland (as the case may be) notifies Algeria that it has become bound as part of the Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community. The same applies to Denmark, in accordance with the Protocol on the position of Denmark,

CONVINCED that this Agreement provides a suitable framework for the development of a partnership based on private initiative, and that it will create a climate conducive to economic, trade and investment relations between the Parties, a consideration which offers vital backing for economic restructuring and technological modernisation,

HAVE AGREED AS FOLLOWS:

Article 1

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:

Article 2

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.

TITLE I

POLITICAL DIALOGUE

Article 3

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:

Article 4

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.

Article 5

Political dialogue shall be established at regular intervals and whenever necessary, notably:

TITLE II

FREE MOVEMENT OF GOODS

Article 6

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

Article 7

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.

Article 8

Products originating in Algeria shall be imported into the Community free of customs duties and charges having equivalent effect.

Article 9

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:

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:

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.

Article 10

The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.

Article 11

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

Article 12

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.

Article 13

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.

Article 14

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.

Article 15

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.

Article 16

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

Article 17

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.

Article 18

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.

Article 19

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).

Article 20

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.

Article 21

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.

Article 22

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.

Article 23

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.

Article 24

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 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.

Article 25

Where compliance with the provisions of Article 17(3) leads to:

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.

Article 26

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:

Article 27

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.

Article 28

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.

Article 29

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

Article 30

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.

Article 31

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.

Article 32

Commercial presence

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.

Article 33

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:

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:

Article 34

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:

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:

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.

Article 35

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.

Article 36

Definitions

For the purposes of this Agreement:

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.

Article 37

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

Article 38

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.

Article 39

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.

Article 40

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

Article 41

1.   The following are incompatible with the proper functioning of the Agreement, insofar as they may affect trade between the Community and Algeria:

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.

Article 42

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.

Article 43

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.

Article 44

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.

Article 45

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.

Article 46

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

Article 47

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.

Article 48

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.

Article 49

Methods

Economic cooperation shall be implemented in particular by:

Article 50

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:

Article 51

Scientific, technical and technological cooperation

Cooperation shall be aimed at:

Article 52

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:

Article 53

Industrial cooperation

Cooperation shall be aimed at:

Article 54

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:

Article 55

Standardisation and conformity assessment

Cooperation shall aim at reducing divergences in standardisation and certification.

Cooperation shall be realised in particular through:

Article 56

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.

Article 57

Financial services

Cooperation shall be aimed at the improvement and development of financial services.

This will basically involve:

Article 58

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:

Article 59

Transport

The aims of cooperation shall be:

The priority areas of cooperation shall be:

Article 60

Information society and telecommunications

Cooperation in this field shall focus in particular on:

Article 61

Energy and mining

The aims of cooperation in the energy and mining sectors shall be:

The priority areas of cooperation in this respect shall be:

Article 62

Tourism and the craft sector

Cooperation in this field will principally be aimed at:

Article 63

Cooperation in customs matters

1.   The aim of cooperation shall be to ensure compliance with the free trade arrangements. The priority areas shall be:

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.

Article 64

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.

Article 65

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:

Article 66

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

CHAPTER 1

Workers

Article 67

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.

Article 68

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.

Article 69

The provisions of this Chapter shall apply to nationals of the Parties residing or working legally in the territory of their host countries.

Article 70

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.

Article 71

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

Article 72

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:

Article 73

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

Article 74

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:

Article 75

Cooperation schemes may be carried out in conjunction with the Member States and the relevant international organisations.

Article 76

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

Article 77

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:

Article 78

The aim of cooperation in the field of education and training shall be to:

TITLE VII

FINANCIAL COOPERATION

Article 79

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:

Article 80

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.

Article 81

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

Article 82

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.

Article 83

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.

Article 84

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:

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.

Article 85

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:

4.   Criminal judicial cooperation will cover:

5.   Cooperation in this area shall in particular include the introduction of specialist training courses.

Article 86

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.

Article 87

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:

Article 88

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.

Article 89

Combating drugs and drug addiction

1.   Cooperation shall be aimed at:

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:

4.   Both Parties shall encourage cooperation at regional and sub-regional level.

Article 90

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:

Article 91

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:

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

Article 92

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.

Article 93

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.

Article 94

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.

Article 95

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.

Article 96

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.

Article 97

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.

Article 98

The Association Council may decide to set up any working group or body necessary for the implementation of this Agreement.

Article 99

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.

Article 100

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.

Article 101

Nothing in this Agreement shall prevent a Contracting Party from taking any measures:

Article 102

In the fields covered by this Agreement, and without prejudice to any special provisions contained therein:

Article 103

Nothing in this Agreement shall have the effect of:

Article 104

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.

Article 105

Protocols 1 to 7 and Annexes 1 to 6 shall form an integral part of this Agreement.

Article 106

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.

Article 107

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.

Article 108

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.

Article 109

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.

Article 110

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.

Hecho en Valencia, el veintidós de abril del dos mil dos.

Udfærdiget i Valencia den toogtyvende april to tusind og to.

Geschehen zu Valencia am zweiundzwanzigsten April zweitausendundzwei.

Έγινε στη Βαλένθια, στις εΐκοσι δύο Απριλΐον δύο χιλιάδες δύο.

Done at Valencia on the twenty-second day of April in the year two thousand and two.

Fait à Valence, le vingt-deux avril deux mille deux.

Fatto a Valenza, addi’ ventidue aprile duemiladue.

Gedaan te Valencia, de tweeëntwintigste april tweeduizendtwee.

Feito em Valência, em vinte e dois de Abril de dois mil e dois.

Tehty Valenciassa kahdentenakymmenentenätoisenä päivänä huhtikuuta vuonna kaksituhattakaksi.

Som skedde i Valencia den tjugoandra april tjugohundratvå.

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Για την Eλληνική Δημoκρατία

Por el Reino de España

Pour la République française

Thar cheann Na hÉireann

For Ireland

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

Pela República Portuguesa

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Eυρωπαϊκή Koινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

ANNEX 1

List of agricultural and processed agricultural products falling within HS chapters 25 to 97 referred to in articles 7 and 14

ANNEX 2

List of products referred to in Article 9(1)

ANNEX 3

List of products referred to in Article 9(2)

ANNEX 4

List of products referred to in Article 17(4)

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:

CHAPTER II

COOPERATION AND COORDINATION

3.   Notification

3.1.   Each Party’s competition authority shall notify the other of its enforcement activities where:

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:

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:

8.   Modification and update of the rules

The Association Committee may amend these rules.

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:

2.   Both Parties shall continue to ensure an adequate and effective implementation of the obligations arising from the following multilateral conventions:

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.

PROTOCOL No 1

On the arrangements applying to imports into the Community of agricultural products originating in Algeria

Article 1

1.   The products listed in Annex 1 of the present protocol, originating in Algeria, shall be admitted for import into the Community in accordance with the conditions set out below and in the Annex.

2.   Import duties shall be either eliminated or reduced by the percentage indicated in respect of each product in column (a).

For certain products, for which the Common Customs Tariff provides for the application of an ad valorem duty and a specific duty, the rate of reduction indicated in column (a) shall apply only to the ad valorem duty.

3.   The customs duties shall be eliminated in respect of certain products within the limits of the tariff quotas shown against them in column (b).

The Common Customs Tariff duties in respect of the quantities imported in excess of the quotas shall be applied without reduction.

4.   The reference quantities fixed in respect of certain other products exempt from customs duties are shown in column (c).

Should the volume of imports of one of the products exceed the reference quantity for any given reference year, the Community may, having regard to an annual review of trade flows which it shall carry out, make the product in question subject to a Community tariff quota for the following reference year, the volume of which shall be equal to the reference quantity. In such a case, for quantities imported in excess of the quota, the Common Customs Tariff duty shall be applied in full.

Article 2

For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before the date of entry into force of this agreement.

Article 3

1.   Subject to paragraph 2, rates of preferential duty shall be rounded down to the first decimal place.

2.   Where the result of calculating the rate of preferential duty in application of paragraph 1 is one of the following, the preferential rate shall be considered a full exemption:

Article 4

1.   Wines of fresh grapes originating in Algeria and bearing a designation of origin must be accompanied by a certificate indicating their origin in accordance with the model given in Annex 2 to this Protocol or by documents V I 1 or V I 2 completed in accordance with Article 25 of Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (OJ L 128, 10.5.2001, p. 1).

2.   In accordance with Algerian law, the provision of paragraph 1 applies to wines with the following designations of origin: Aïn Bessem-Bouira, Médéa, Coteaux du Zaccar, Dahra, Coteaux de Mascara, Monts du Tessalah, and Coteaux de Tlemcen.

PROTOCOL No 1 ANNEX 1

----

(1)  Irrespective of the rules for the interpretation of the Combined Nomenclature, the wording of the product description must be considered to have merely indicative value, since the applicability of the preferential arrangements is determined in the context of this Annex by the scope of the CN code. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined on the basis of the CN code and the corresponding description taken jointly.

(2)  The Common Customs Tariff duties applied to quantities imported in excess of the tariff quotas are MFN duties.

(3)  Commission Decision 94/278/EC (OJ L 120, 11.5.1994, p. 44).

(4)  Once the application of Community rules for the potato sector has commenced, this period will be extended up to 15 April, and the reduction of the customs duty applicable to quantities in excess of the tariff quota will be raised to 50 %.

(5)  The reduction applies only to the ad valorem part of the duty.

(6)  Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 71) and subsequent amendments).

(7)  This concession applies only to those seeds covered by the provisions of the directives on the marketing of seeds and plants.

(8)  The reduction applies to both the ad valorem and the specific parts of the duty.

PROTOCOL No 1: ANNEX 2

PROTOCOL No 2

On the arrangements applying to imports into algeria of agricultural products originating in the community

Sole article

The customs duties on import into the People’s Democratic Republic of Algeria of the products originating in the Community listed in the Annex shall not be higher than those shown in column (a), reduced by the percentage shown in column (b), within the limits of the tariff quotas shown in column (c).

PROTOCOL No 3

On the arrangements applying to imports into the community of fishery products originating in algeria

Sole article

The products listed below, originating in Algeria, shall be imported into the Community free of customs duties.

PROTOCOL No 4

on the arrangements applying to imports into Algeria of fishery products originating in the Community

Sole article

The products listed below, originating in the Community, shall be imported into Algeria in accordance with the conditions set out below.

PROTOCOL No 5

on commercial trade in processed agricultural products between Algeria and the Community

Article 1

Imports into the Community of processed agricultural products originating in Algeria shall be subject to the import customs duties and the charges having equivalent effect listed in Annex 1 to this protocol.

Article 2

Imports into Algeria of processed agricultural products originating in the Community shall be subject to the import customs duties and the charges having equivalent effect listed in Annex 2 to this protocol.

Article 3

The reductions in customs duties listed in Annexes 1 and 2 shall be applicable from the date of entry into force of the Agreement on the basic duty, as defined in Article 18 of the Agreement.

Article 4

Customs duties applied in accordance with Articles 1 and 2 may be reduced once the taxes on trade in basic agricultural products between the Community and Algeria have been reduced, or if these reductions are achieved by mutual concessions concerning processed agricultural products.

The reduction referred to in the first subparagraph, the list of products concerned and, where appropriate, the tariff quotas within which the reduction will apply shall be established by the Association Council.

Article 5

The Community and Algeria shall keep each other informed of any administrative measures implemented concerning the products covered by this Protocol.

These measures must ensure that all the parties concerned are dealt with equally, and must be as simple and as flexible as possible.

PROTOCOL 5: ANNEX 1

COMMUNITY SCHEDULE

Preferential rights accorded by the Community to products originating in Algeria

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the quotas being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of signature of this Agreement.

List 1

List 2

List 3

PROTOCOL No 5: ANNEX 2

ALGERIA SCHEDULE

Preferential rights accorded by Algeria to products originating in the Community

List 1: immediate concessions

List 2: Deferred concessions (Article 15 of the Agreement)

PROTOCOL No 6

concerning the definition of originating products and methods of administrative cooperation

TABLE OF CONTENTS

TITLE I —   GENERAL PROVISIONS

TITLE II —   DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS

TITRE III —   TERRITORIAL REQUIREMENTS

TITLE IV —   DRAWBACK OR EXEMPTION

TITLE V —   PROOF OF ORIGIN

TITLE VI —   METHODS OF ADMINISTRATIVE COOPERATION

TITLE VII —   CEUTA AND MELILLA

TITLE VIII —   FINAL PROVISIONS

ANNEXES

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’

Article 2

General provisions

1.   For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community:

2.   For the purpose of implementing this Agreement, the following products shall be considered as originating in Algeria:

Article 3

Bilateral cumulation of origin

1.   Materials originating in the Community shall be considered as materials originating in Algeria when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 8(1).

2.   Materials originating in Algeria shall be considered as materials originating in the Community when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 8(1).

Article 4

Cumulation with materials originating in Morocco or Tunisia

1.   Notwithstanding Article 2(1)(b) and subject to the provisions of paragraphs 3 and 4, materials originating in Morocco or Tunisia within the meaning of Protocol No 4 annexed to the Agreements between the Community and these countries shall be considered as originating in the Community and it shall not be necessary that such materials have undergone sufficient working or processing, on condition however that they have undergone working or processing beyond that referred to in Article 8(1).

2.   Notwithstanding Article 2(2)(b) and subject to the provisions of paragraphs 3 and 4, materials originating in Morocco or Tunisia within the meaning of Protocol No 4 annexed to the Agreements between the Community and these countries shall be considered as originating in Algeria and it shall not be necessary that such materials have undergone sufficient working or processing, on condition however that they have undergone working or processing beyond that referred to in Article 8(1).

3.   The provisions set out in paragraphs 1 and 2 concerning materials originating in Tunisia are only applicable to the extent that trade between the Community and Tunisia and between Algeria and Tunisia, is governed by identical rules of origin.

4.   The provisions set out in paragraphs 1 and 2 concerning materials originating in Morocco are only applicable to the extent that trade between the Community and Morocco and between Algeria and Morocco, is governed by identical rules of origin.

Article 5

Cumulation of working or processing

1.   For the purpose of implementing Article 2(1)(b), working or processing carried out in Algeria, or, when the conditions required by Article 4(3) and (4) are fulfilled, in Morocco or in Tunisia shall be considered as having been carried out in the Community when the products obtained undergo subsequent working or processing in the Community.

2.   For the purpose, of implementing Article 2(2)(b), working or processing carried out in the Community or, when the conditions required by Article 4(3) and (4) are fulfilled, in Morocco or in Tunisia shall be considered as having been carried out in Algeria when the products obtained undergo subsequent working or processing in Algeria.

3.   Where pursuant to the provisions of paragraph 1 or 2 the originating products are obtained in two or more of the States referred to in those provisions or in the Community, they shall be considered as originating products of the State or the Community according to where the last working or processing took place, provided that that working or processing went beyond that referred to in Article 8.

Article 6

Wholly obtained products

1.   The following shall be considered as wholly obtained in the Community or Algeria:

2.   The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

Article 7

Sufficiently worked or processed products

1.   For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

2.   Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.

3.   Paragraphs 1 and 2 shall apply except as provided in Article 8.

Article 8

Insufficient working or processing operations

1.   Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 7 are satisfied:

2.   All the operations carried out in either the Community or Algeria on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 9

Unit of qualification

1.   The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.

It follows that:

2.   Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 10

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 11

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 12

Neutral elements

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

TITLE III

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

1.   The conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the Community or in Algeria without prejudice to the provisions of Articles 4 and 5.

2.   Except as provided for in Articles 4 and 5, where originating goods exported from the Community or from Algeria to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

Article 14

Direct transport

1.   The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Algeria or through the territories of the other countries referred to in Articles 4 and 5. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, transhipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Originating products may be transported by pipeline across territory other than that of the Community or Algeria.

2.   Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

Article 15

Exhibitions

1.   Originating products, sent for exhibition in a country other than those referred to in Articles 5 and 4 and sold after the exhibition for importation in the Community or in Algeria, shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

2.   A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3.   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 16

Prohibition of drawback of or exemption from customs duties

1.   Non-originating materials used in the manufacture of products originating in the Community, in Algeria or in one of the other countries referred to in Articles 4 and 5 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or in Algeria to drawback of, or exemption from, customs duties of whatever kind.

2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in Algeria to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

3.   The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 9(2), accessories, spare parts and tools within the meaning of Article 10 and products in a set within the meaning of Article 11 when such items are non-originating.

5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

6.   The provisions of this Article shall not apply for six years following the entry into force of the Agreement.

7.   After the entry into force of the provisions of this Article and notwithstanding paragraph 1, Algeria may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:

The provisions of this paragraph shall be reviewed before the end of the transitional period referred to in Article 6 of the Agreement.

TITLE V

PROOF OF ORIGIN

Article 17

General provisions

1.   Products originating in the Community shall, on importation into Algeria, and products originating in Algeria shall, on importation into the Community, benefit from the Agreement upon submission of either:

2.   Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 27, benefit from the Agreement without it being necessary to submit any of the documents referred to above.

Article 18

Procedure for the issue of an EUR.1 movement certificate

1.   A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

2.   For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are hand-written, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

3.   The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   A movement certificate EUR.1 shall be issued by the customs authorities of an EC Member State or Algeria if the products concerned can be considered as products originating in the Community, Algeria or in one of the other countries referred to in Articles 4 and 5 and fulfil the other requirements of this Protocol.

5.   The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

6.   The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.

7.   A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 19

Movement certificates EUR.1 issued retrospectively

1.   Notwithstanding Article 18(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

2.   For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

3.   The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

4.   Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

5.   The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.

Article 20

Issue of a duplicate movement certificate EUR.1

1.   In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2.   The duplicate issued in this way must be endorsed with one of the following words:

3.   The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1.

4.   The duplicate, which must bear the date of issue of the original movement certificate EUR 1, shall take effect as from that date.

Article 21

Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously

When originating products are placed under the control of a customs office in the Community or in Algeria, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the Community or Algeria. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 22

Conditions for making out an invoice declaration

1.   An invoice declaration as referred to in Article 17(1)(b) may be made out:

2.   An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, in Algeria or in one of the other countries referred to in Articles 4 and 5 and fulfil the other requirements of this Protocol.

3.   The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.

5.   Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 23 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

6.   An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 23

Approved exporter

1.   The customs authorities of the exporting country may authorise any exporter, hereinafter referred to as ‘approved exporter’ who makes frequent shipments of products under the Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

2.   The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

3.   The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.

4.   The customs authorities shall monitor the use of the authorisation by the approved exporter.

5.   The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 24

Validity of proof of origin

1.   A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.

2.   Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.

3.   In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 25

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

Article 26

Importation by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 27

Exemptions from formal proof of origin

1.   Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

2.   Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

3.   Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 28

Declaration by the supplier and information certificate

1.   When a movement certificate EUR.1 is issued or an invoice declaration is made out for originating products manufactured using goods that have undergone working or processing in one or more of the countries referred to in Article 5 without obtaining originating status, account shall be taken of the supplier's declaration(s) regarding those goods in accordance with the provisions of this Article. The supplier's declaration, of a which a specimen is given in Annex V, shall be supplied by the exporter in the State of export either on the commercial invoice for the products or annexed thereto.

2.   The customs office concerned may ask the exporter to produce the information certificate issued as provided for in paragraph 3, of which a specimen is given in Annex VII, either in order to check the authenticity and accuracy of information given on the declaration provided for in paragraph 1, or in order to obtain additional information.

3.   The information certificate concerning the products used shall be issued at the request of the exporter of these products, either in the circumstances set out in paragraph 2 or at the exporter's initiative, by the competent customs office in the State from which the goods were exported. It shall be made out in duplicate. One copy shall be given to the exporter who has requested it, who shall send it either to the exporter of the final products or to the customs office where the issue of the EUR.1 movement certificate for these products has been requested. The second copy shall be preserved for at least three years by the customs office which has issued it.

Article 29

Supporting documents

The documents referred to in Articles 18(3) and 22(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in the Community, in Algeria or in one of the other countries referred to in Articles 4 and 5 and fulfil the other requirements of this Protocol may consist inter alia of the following:

Article 30

Preservation of proof of origin and supporting documents

1.   The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 18(3).

2.   The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 22(3).

3.   The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 18(2).

4.   The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them.

Article 31

Discrepancies and formal errors

1.   The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

2.   Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Article 32

Amounts expressed in euros

1.   For the application of the provisions of Articles 22(1)(b) and 27(3) in cases where products are invoiced in a currency other than euros, amounts in the national currencies of the Member States of the Community, of Algeria and of the other countries referred to in Articles 4 and 5 equivalent to the amounts expressed in euros shall be fixed annually by each of the countries concerned.

2.   A consignment shall benefit from the provisions of Articles 22(1)(b) or 27(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

3.   The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euros as at the first working day of October. The amounts shall be communicated to the Commission of the European Communities by 15 October and shall apply from 1 January the following year. The Commission of the European Communities shall notify all countries concerned of the relevant amounts.

4.   A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euros. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. A country may retain unchanged its national currency equivalent of an amount expressed in euros if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.

5.   The amounts expressed in euros shall be reviewed by the Association Committee at the request of the Community or of Algeria. When carrying out this review, the Association Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euros.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 33

Mutual assistance

1.   The customs authorities of the Member States of the Community and of Algeria shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

2.   In order to ensure the proper application of this Protocol, the Community and Algeria shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 34

Verification of proof of origin

1.   Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

2.   For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.   The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.

4.   If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5.   The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community, in Algeria or in one of the other countries referred to in Article 4 and fulfil the other requirements of this Protocol.

6.   If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

7.   The subsequent verification of information certificates provided for by Article 28 shall be carried out in the cases mentioned in paragraph 1 and in accordance with the procedures laid down in paragraphs 2 to 6.

Article 35

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 34 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Customs Cooperation Committee.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 36

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 37

Free zones

1.   The Community and Algeria shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2.   By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or in Algeria are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 38

Application of the Protocol

1.   The term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.

2.   Products originating in Algeria, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Algeria shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.

3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 39.

Article 39

Special conditions

1.   Providing they have been transported directly in accordance with the provisions of Article 14, the following shall be considered as:

2.   Ceuta and Melilla shall be considered as a single territory.

3.   The exporter or his authorised representative shall enter ‘Algeria’ and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on invoice declarations.

4.   The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 40

Amendments to the Protocol

The Association Council may decide to amend the provisions of this protocol at the request of one of the contracting parties or of the Customs Cooperation Committee.

Article 41

Customs Cooperation Committee

1.   A Customs Cooperation Committee shall be set up, charged with carrying out administrative cooperation with a view to the correct and uniform application of this Protocol and with carrying out any other tasks in the customs field which may be entrusted to it.

2.   The Committee shall be composed, on the one hand, of experts of the Member States and of officials of the Commission of the European Communities who are responsible for customs questions and, on the other hand, of experts nominated by Algeria.

Article 42

Implementation of the Protocol

The Community and Algeria shall each take the steps necessary to implement this Protocol.

Article 43

Arrangements with Morocco and Tunisia

The Contracting Parties shall take any measures necessary for the conclusion of arrangements with Morocco and Tunisia enabling this Protocol to be applied. The Contracting Parties shall notify each other of measures taken to this affect.

Article 44

Goods in transit or storage

The provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of the Agreement are either in transit or are in the Community or in Algeria in temporary storage, in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing State, within four months of that date, of a certificate EUR.1 endorsed retrospectively by the competent authorities of the exporting State together with the documents showing that the goods have been transported directly.

PROTOCOL No 6: ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1:

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 7 of the Protocol.

Note 2:

Note 3:

Note 4:

Note 5:

Note 6:

Note 7:

PROTOCOL No 6 ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS

The products mentioned in the list may not be all covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.

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(1)  For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(2)  For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(3)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32.

(4)  A ‘group’ is regarded as any part of the heading separated from the rest by a semicolon.

(5)  In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

(6)  The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %.

(7)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(8)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(9)  See Introductory Note 6.

(10)  For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

(11)  SEMII – Semiconductor Equipment and Materials Institute Incorporated.

(12)  This rule shall apply until 31.12.2005.

PROTOCOL No 6: ANNEX III

movement certificate EUR.1 and application for a movement certificate EUR.1

Printing instructions

PROTOCOL No 6 ANNEX IV

INVOICE DECLARATION

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

French version

L'exportateur des produits couverts par le présent document (autorisation douanière No.... (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle... (2).

Spanish Version

El exportador de los productos incluidos en el presente documento (autorización aduanera n°... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial... (2)

Danish Version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr.... ... (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i... (2).

German Version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr.... (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte... Ursprungswaren sind (2)

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ.... (1))δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής... (2).

English version

The exporter of the products covered by this document (customs authorisation No... (1)) declares that, except where otherwise clearly indicated, these products are of... preferential origin (2).

Italian Version

L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n.... (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale... (2).

Dutch Version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr.... (1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële... oorsprong zijn (2)

Portugese Version

O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira n°... (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial... (2)

Finnish Version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupan: o... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja... alkuperätuotteita (2)

Swedish Version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr.... (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande... ursprung (2)

Arabic version

... (3)

(Place and date)

... (4))

(Signature of exporter; in addition the name of the person signing the declaration has to be indicated in clear script)

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(1)  When the invoice declaration is made out by an approved exporter within the meaning of Article 23 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets must be omitted or the space left blank.

(2)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 38 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  See Article 22(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

PROTOCOL No 6: ANNEX V

PROTOCOL No 6: ANNEX VI

PROTOCOL No 6: ANNEX VII

JOINT DECLARATIONS

Joint Declaration concerning the Principality of Andorra

Joint declaration concerning the Republic of San Marino

Joint Declaration on cumulation of origin

The Community and Algeria recognise the important role of cumulation of origin and confirm their commitment to introducing a system of diagonal cumulation of origin between partners agreeing to apply identical rules of origin. This diagonal cumulation shall be introduced either between all the Mediterranean partners participating in the Barcelona process or between those partners and the partners of the pan-European cumulation system, according to the results of the Euro-Med Working Party on rules of origin.

The Community and Algeria shall therefore start consultations as soon as possible with a view to establishing the details of Algeria’s accession to the diagonal cumulation system adopted. Protocol 6 shall be amended accordingly.

PROTOCOL No 7

on mutual administrative assistance in the field of customs

Article 1

Definitions

For the purposes of this Protocol:

Article 2

Scope

1.   The Contracting Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular in order to prevent, investigate and combat operations in breach of that legislation.

2.   Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Contracting Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

3.   Assistance to recover duties, taxes or fines is not covered by this Protocol.

Article 3

Assistance on request

1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.

2.   At the request of the applicant authority, the requested authority shall inform it:

3.   At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure surveillance of:

Article 4

Spontaneous assistance

The Contracting Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:

Article 5

Delivery/notification

At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures to:

emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.

Requests for delivery of documents and notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.

Article 6

Form and substance of requests for assistance

1.   Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

2.   Requests pursuant to paragraph 1 shall include the following information:

3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.

4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the meantime precautionary measures may be ordered.

Article 7

Execution of requests

1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the requested authority in application of this Protocol when the latter cannot act on its own.

2.   Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Contracting Party.

3.   Duly authorised officials of one of the Contracting Parties may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other authority concerned in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.

4.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party involved and within the conditions laid down by the latter, be present at enquiries carried out in the latter’s territory.

Article 8

Form in which information is to be communicated

1.   The requested authority shall communicate the results of enquiries to the applicant authority in writing together with all relevant documents, certified copies and other items.

2.   This information may be supplied in computerised form.

3.   Original documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.

Article 9

Exceptions to the obligation to provide assistance

1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Protocol would:

2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons for it must be communicated to the applicant authority without delay.

Article 10

Exchange of information and confidentiality

1.   Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.

2.   Personal data may be exchanged only where the Contracting Party which may receive them undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply them. To that end, the Contracting Parties shall inform each other of their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.

3.   Information obtained shall be used solely for the purposes of this Protocol. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

4.   The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol is considered to be for the purposes of this Protocol. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.

Article 11

Experts and witnesses

An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such items, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority such an official will have to appear, on what matters and by virtue of what title or qualification he will be questioned.

Article 12

Assistance expenses

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol except, as appropriate, for expenses relating to experts and witnesses and to interpreters and translators who are not public service employees.

Article 13

Implementation

1.   The implementation of this Protocol shall be entrusted on the one hand to the customs authorities of Algeria and on the other hand to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration rules in the field of data protection in particular. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.

2.   The Contracting Parties shall consult each other and keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.

Article 14

Other agreements

1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol shall:

2.   Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance which has been or may be concluded between individual Member States and Algeria insofar as the provisions of the latter are incompatible with those of this Protocol.

3.   In respect of questions relating to the application of this Protocol, the Contracting Parties shall consult each other to resolve the matter in the framework of the Cooperation Committee set up under Article 41 of Protocol 6 to the Association Agreement.

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FINAL ACT

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community, hereinafter referred to as the ‘Member States’, and

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part,

and the Plenipotentiaries of THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA, hereinafter referred to as ‘Algeria’,

of the other part,

meeting in Valencia on 22 April 2002 for the signature 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, hereinafter referred to as ‘the Agreement’,

the Agreement,

the Annexes thereto, namely 1 to 6:

and Protocols Nos 1 to 7, namely:

The Plenipotentiaries of the Member States of the Community and the Plenipotentiaries of Algeria have also adopted the following Declarations attached to this Final Act:

JOINT DECLARATIONS

Joint Declaration relating to Article 44 of the Agreement

Joint Declaration on human exchanges

Joint Declaration relating to Article 84 of the Agreement

Joint Declaration relating to Article 104 of the Agreement

Joint Declaration relating to Article 110 of the Agreement

DECLARATIONS BY THE EUROPEAN COMMUNITY

Declaration by the European Community on Turkey

Declaration by the European Community on the accession of Algeria to the WTO

Declaration by the European Community relating to Article 41 of the Agreement

Declaration by the European Community relating to the first indent of Article 84(1) of the Agreement

Declaration by the European Community relating to Article 88 of the Agreement (racism and xenophobia)

DECLARATIONS BY ALGERIA

Declaration by Algeria relating to Article 9 of the Agreement

Declaration by Algeria on customs union between the European Community and Turkey

Declaration by Algeria relating to Article 41 of the Agreement

Declaration by Algeria relating to Article 91 of the Agreement

Hecho en Valencia, el veintidós de abril del dos mil dos.

Udfærdiget i Valencia den toogtyvende april to tusind og to.

Geschehen zu Valencia am zweiundzwanzigsten April zweitausendundzwei.

Έγινε στη Βαλένθια, στις εΐκοσι δύο Απριλΐον δύο χιλιάδες δύο.

Done at Valencia on the twenty-second day of April in the year two thousand and two.

Fait à Valence, le vingt-deux avril deux mille deux.

Fatto a Valenza, addi’ ventidue aprile duemiladue.

Gedaan te Valencia, de tweeëntwintigste april tweeduizendtwee.

Feito em Valência, em vinte e dois de Abril de dois mil e dois.

Tehty Valenciassa kahdentenakymmenentenätoisenä päivänä huhtikuuta vuonna kaksituhattakaksi.

Som skedde i Valencia den tjugoandra april tjugohundratvå.

Pour le Royaume de Belgique

Voor het Koninkrijk België

Für das Königreich Belgien

Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Για την Eλληνική Δημoκρατία

Por el Reino de España

Pour la République française

Thar cheann Na hÉireann

For Ireland

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

Pela República Portuguesa

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Eυρωπαϊκή Koινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

JOINT DECLARATIONS

JOINT DECLARATION RELATING TO ARTICLE 44 OF THE AGREEMENT,

Under the Agreement, the Parties agree that intellectual, industrial and commercial property comprises, in particular, copyright, including copyright in computer programs, and neighbouring rights, database rights, commercial trademarks and geographical descriptions including designation of origin, industrial designs and models, patents, configuration plans (topographies) of integrated circuits, protection of undisclosed information and protection against unfair competition in accordance with Article 10(a) of the Paris Convention for the Protection of Industrial Property (1967 Stockholm Act) and the protection of confidential information concerning ‘know-how’.

JOINT DECLARATION ON HUMAN EXCHANGES

The Parties will examine the desirability of negotiating agreements on sending Algerian workers to take up temporary work.

JOINT DECLARATION RELATING TO ARTICLE 84 OF THE AGREEMENT,

The Parties declare that the term ‘nationals of other countries arriving in their territory direct from the territory of the other’ will be defined in the context of the agreements referred to in Article 84(2).

JOINT DECLARATION RELATING TO ARTICLE 104 OF THE AGREEMENT

JOINT DECLARATION RELATING TO ARTICLE 110 OF THE AGREEMENT

The advantages which Algeria derives from the arrangements granted to it by France under the Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State, annexed to the Treaty establishing the European Community, have been taken into account in this Agreement. As a result, these special arrangements must be considered repealed from the date on which the Agreement enters into force.

DECLARATIONS BY THE EUROPEAN COMMUNITY

DECLARATION BY THE EUROPEAN COMMUNITY ON TURKEY

The Community recalls that in accordance with the Customs Union in force between the Community and Turkey, the latter has the obligation, in relation to countries which are not members of the Community, to align itself on the Common Customs Tariff and, progressively, on the preferential customs regime of the Community, taking the necessary measures and negotiating agreements on mutually advantageous basis with the countries concerned. Consequently, the Community invites Algeria to enter into negotiations with Turkey as soon as possible.

DECLARATION BY THE EUROPEAN COMMUNITY ON THE ACCESSION OF ALGERIA TO THE WTO

The European Community and its Member States state their support for Algeria's rapid accession to the WTO and agree to provide any assistance necessary to this end.

DECLARATION BY THE EUROPEAN COMMUNITY RELATING TO ARTICLE 41 OF THE AGREEMENT

The Community declares that, in interpreting Article 41(1) of the Agreement, it will evaluate any practice contrary to that Article on the basis of the criteria resulting from the rules contained in Articles 81 and 82 of the Treaty establishing the European Community, including secondary legislation.

DECLARATION BY THE EUROPEAN COMMUNITY RELATING TO THE FIRST INDENT OF ARTICLE 84(1) OF THE AGREEMENT

As regards the Member States of the European Union, the obligations set out in the first indent of Article 84(1) of this Agreement apply only to those persons who are to be considered their nationals for Community purposes.

DECLARATION BY THE EUROPEAN COMMUNITY RELATING TO ARTICLE 88 OF THE AGREEMENT (RACISM AND XENOPHOBIA)

The provisions of Article 88 apply without prejudice to the provisions and conditions relating to the admission and residence of nationals of other countries and stateless persons on the territory of the Member States of the European Union or to any treatment associated with the legal status of the third-country nationals and stateless persons concerned.

DECLARATIONS BY ALGERIA

DECLARATION BY ALGERIA RELATING TO ARTICLE 9 OF THE AGREEMENT

Algeria considers one of the essential objectives of the Association Agreement to be an increase in the flow of European direct investment in Algeria. It invites the Community and its Member States to support the practical realisation of this objective, in particular in the context of trade liberalisation and the dismantling of tariff barriers. The Association Council will examine the question if the need arises.

DECLARATION BY ALGERIA ON CUSTOMS UNION BETWEEN THE EUROPEAN COMMUNITY AND TURKEY

Algeria takes note of the Declaration by the European Community on Turkey. While observing that this declaration arises from the existence of customs union between those parties, Algeria will consider this matter when the time comes.

DECLARATION BY ALGERIA RELATING TO ARTICLE 41 OF THE AGREEMENT

In applying its law on competition, Algeria will bear in mind the competition policy guidelines developed within the European Union.

DECLARATION BY ALGERIA RELATING TO ARTICLE 91 OF THE AGREEMENT

Algeria considers that suspending the principle of banking secrecy is an essential factor in combating corruption.

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