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11 Sha'ban 1432
July 13, 2011
GAZETTE OF THE REPUBLIC OF ALGERIA A 39 N
Executive Decree 11-241 of 8 A Sha'ban 1432 corresponding to July 10,
2011 setting the organization and functioning of the Board of
competition.
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Prime Minister,
On the report of the Minister of Commerce,
Given the Constitution, especially Articles 85 and 125-3A
(Paragraph 2);
Considering the order of 03-03 nA 19 Jumada I 1424 corresponding to 19
July 2003, as amended and supplemented, on competition, in particular
Article 31;
Considering the order of 19 nA 06-03 Jumada Ethania 1427 corresponding to 15 July 2006 on the general status of Public Service;
Given Presidential Decree 96-44 of 26 nA Chaâbane 1416 corresponding to 17 January 1996 laying down the rules within the Competition
Council;
Given presidential decree 10-149 of 14 nA Jumada Ethania 1431 corresponding to 28 May 2010 on appointing members of the
Government;
Given Executive Decree 90-226 nA of 25 July 1990 laying rights and obligations of workers engaged in higher functions of the state;
Given Executive Decree 90-227 nA of 25 July 1990 laying the list of higher functions of the State under administration, public institutions and organizations;
Given Executive Decree 08-04 of 11 nA Moharram 1429 corresponding to 19 January 2008 on special status officials belonging to the common body institutions and government;
Given Executive Decree 08-05 of 11 nA Moharram 1429 corresponding to 19 January 2008 on special status of workers professionals, of drivers automobile and porters;
Given Executive Decree 08-08 of 19 nA Moharram 1429 corresponding to 27 January 2008 laying down the conditions appointment as senior office manager headquarters and the indexed premium y thereof;
After approval of the President of the Republic;
Enacts as follows:
Article 1. - Pursuant to the provisions of
Article 31 of Ordinance 03-03 nA of 19 Jumada Al
Oula 1424 corresponding to July 19, 2003, mentioned above, the
This Order is to establish the organization and the operation of the
Competition Council, appointed hereinafter "the Board".
Chapter 1
The organization of the Board
Art. 2. - The Competition Council is an authority autonomous administrative enjoying the personality legal and financial autonomy, reporting to the Minister for Trade.
Art. 3. - Reporting to the President, assisted by
Secretary General, the general rapporteur and rapporteurs, the administration of the council includes the following structures:
1.
The direction of the procedure and monitoring files loaded, including:
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The receipt and recording of referrals;
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Processing mail;
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Formalization and monitoring of all records phases of the proceedings at board level and courts;
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The preparation of board meetings.
2.
Management studies, documentation, Information systems and
cooperation charged, including:
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To carry out studies and research relevant the competence of the board;
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The collection of documents, information and data related to the activity of the Board and their dissemination;
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The establishment of an information system and communication;
Management cooperation programs national and international;
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Classification and preservation of archives;
3.
The direction of the administration and means charged in particular:
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Management of human resources and means material of the board;
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Preparing and implementing the budget of Council;
Management of computer board;
4.
The direction of the market analysis, surveys and
litigation charge, including:
To conduct market analysis in the field competition;
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The implementation and monitoring surveys applicability of laws and regulations related to competition;
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Managing and monitoring Litigation processed by the board.
Art. 4. - The organization of the directions in services is fixed by joint decree of the Minister for Finance, the authority of the Public and
Chairman of the competition.
Art. 5. - The board directors are classified and remunerated by reference to the function of upper state Director of Central Administration
Department.
The heads of council services are classified and remunerated by reference to the senior position of Chief office of the ministry headquarters.
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Art. 6. - The staff of the Board are governed by the laws and regulations.
Art. 7. - The council's budget is included in the code budget of the
Ministry of Commerce and in compliance with the laws and regulations. The President is authorizing the board's budget.
The council's budget is subject to general rules of operation and control measures applicable to the budget
State.
Chapter 2
Of the Board's
Art. 8. - The Board is seized by a written application the Chairman.
The terms of referral to the council are specified by the rules of the
Board.
Art. 9 - The holding of board meetings and decision intervene in accordance with its decisions Articles 28 to 30 nA of Ordinance 03-03
19 July 2003, mentioned above.
Art. 10. - The Board may determine the treatment of records submitted to it by select commission prior to their consideration in plenary.
Select Committee, chaired by the President or a vice president, has at least one member of each category described in Article 24 of Ordinance
03-03 nA, 19 July 2003, mentioned above. The President shall, as appropriate, the number of select committees and appoints members of the Board non-permanent level of each of them.
Art. 11. - The council may establish, as of need, any working group and any commission technique of reflection, study and analysis which composition, nature and duration of work are fixed, after deliberation of the Board, by decision of the President sent to the Minister for
Commerce and published in official newsletter of the competition.
Art. 12. - The distribution of tasks and missions between board members is set by Regulation Procedure of the Board under section 15 of this Decree.
Art. 13. - The board makes addressee Minister responsible for trade of acts, including regulations, directives and circulars.
Art. 14. - Pursuant to Article 27 nA of Ordinance 03-03 of July 19, 2003, mentioned above, address the Board's annual report to the legislative
body, the Prime Minister and Minister for Trade. This report is published in the Official Bulletin of competition.
Art. 15. - The board shall develop and adopt rules Internal and submit to the Minister for Trade. Internal rules are published in the Official
Bulletin of competition.
Art. 16. - All contrary provisions are repealed to those of this Decree.
Art. 17. - This Decree shall be published in the Journal Official
Democratic Republic of Algeria People. Done at Algiers on 8 Sha'ban
1432 corresponding to July 10, 2011.
Ahmed OUYAHIA.
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Executive Decree 11-242 of 8 A Sha'ban 1432 corresponding to 10 July
2011 establishing Official Bulletin of Competition and defining its
contents and the manner of its development.
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Prime Minister,
On the report of the Minister of Commerce,
Given the Constitution, especially Articles 85 and 125-3A
(Paragraph 2);
Considering the order of 03-03 nA 19 Jumada
1424 corresponding to July 19, 2003, as amended and completed, on competition, in particular Article 49 (paragraph 3);
Given presidential decree 10-149 of 14 nA Jumada Ethania 1431 corresponding to 28 May 2010 on appointing members of the
Government;
Given Executive Decree 02-453 nA of 17 Shawwal 1423 corresponding to 21 December 2002 establishing the powers Minister of Trade;
After approval of the President of the Republic;
Enacts as follows:
Article 1. - Pursuant to the provisions of
Article 49 (paragraph 3) of Ordinance 03-03 of 19 nA Jumada I, 1424 corresponding to July 19, 2003, amended and supplemented, referred to
above, this Order is to object to create and define the content and procedures development of the official newsletter of the competition.
Art. 2. - There shall be an official publication of the competition, designed, printed and circulated by the Board of competition.
Art. 3. - The official newsletter of competition is developed, published and distributed by the Competition Council either from its own resources or by using benefits of a third body.
Art. 4. - There shall be published in the Official Gazette of competition, including:
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The decisions and opinions issued by the Board of competition;
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Directives, regulations, circulars and other measures from the
Competition Council;
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Judgments or extracts from the judgments of the Court Algiers, the Supreme Court and the State Council in competition;