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:
(a) Which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) Which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
(c) Which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 102.
In the fields covered by this Agreement, and without prejudice to any special provisions contained therein:
- The arrangements applied by Algeria in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,
- The arrangements applied by the Community in respect of Algeria shall not give rise to any discrimination between Algerian nationals, companies or firms.
Article 103.
Nothing in this Agreement shall have the effect of:
- Extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound,
- Preventing the adoption or application by either Party of any measure aimed at preventing the avoidance or evasion of taxes,
- Opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in identical situation, in particular as regards their place of residence.
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.
Conclusion
Done at Valencia on the twenty-second day of April in the year two thousand and two.
For the Kingdom of Belgium
This signature binds the German-speaking Community, the Flemish Community, the French Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
For the Czech Republic
For the Federal Republic of Germany
For the Republic of Estonia
For The Hellenic Republic,
For The Kingdom Of Spain,
For The French Republic,
For Ireland,
For The Italian Republic,
For The Republic Of Cyprus,
For The Republic Of Latvia,
For The Republic Of Lithuania,
For The Grand Duchy Of Luxembourg,
For The Republic Of Hungary,
For The Republic Of Malta,
For The Kingdom Of The Netherlands,
For The Republic Of Austria,
For The Republic Of Poland,
For The Portuguese Republic,
For The Republic Of Slovenia,
For The Slovak Republic,
For The Republic Of Finland,
For The Kingdom Of Sweden,
For The United Kingdom Of Great Britain And Northern Ireland,
For the European Communities.