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No. 34

Sunday 25 Ramadhan 1439

57 th YEAR

Corresponding to June 10, 2018

OFFICIAL NEWSPAPER
OF THE DEMOCRATIC AND PEOPLE'S REPUBLIC OF ALGERIA
INTERNATIONAL CONVENTIONS AND AGREEMENTS - LAWS AND DECREES
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25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

SUMMARY

LAWS

Law n ° 18-06 of 25 Ramadhan 1439 corresponding to June 10, 2018 amending and supplementing ordinance n ° 66-155 of June 8
1966 on the Code of Criminal Procedure ............................................ .................................................. ..........................................

4

Law n ° 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 relating to the protection of natural persons in the processing
personal data ............................................. .................................................. ..................................................

10

INDIVIDUAL DECISIONS

Presidential decrees of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 ending the functions of research officers
and summary to the services of the Prime Minister .......................................... .................................................. ...............................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 terminating the functions of the director general
customs................................................ .................................................. .................................................. ...............................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 terminating the functions of the commissioner
atomic energy .............................................. .................................................. .................................................. .....................

21

Presidential decrees of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 ending the functions of rectors of
universities ................................................. .................................................. .................................................. ................................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 terminating the functions of the secretary general
of the Ministry of Industry and Mines ......................................... .................................................. ............................................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 ending the functions of the head of the division
the development of industrial and logistical infrastructure and industrial poles at the Ministry of Industry and
mines ................................................. .................................................. .................................................. ........................................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 terminating the functions of the secretary general in
the former Ministry of Regional Planning, Tourism and Handicrafts ............................... ................................................

21

Presidential decrees of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 appointing rectors
universities ............................................... .................................................. .................................................. ...............................

21

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 appointing the secretary general of
Ministry of Post, Telecommunications, Technologies and Digital ..................................... ................................

22

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 appointing the secretary general of
Ministry of Youth and Sports ........................................... .................................................. ..............................................

22

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 appointing the secretary general of
Ministry of Industry and Mines .......................................... .................................................. .................................................

22

Presidential decree of 3 Rabie El Aouel 1439 corresponding to 22 November 2017 appointing the secretary general of
Ministry of Tourism and Handicrafts .......................................... .................................................. ..............................................

22

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25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

3

CONTENTS (continued)

ORDERS, DECISIONS AND OPINIONS

MINISTRY OF FINANCE

Interministerial decree of 12 Ramadhan 1439 corresponding to 28 May 2018 modifying the interministerial decree of 2 Ramadhan 1432
corresponding to August 2, 2011 fixing the workforce by job, their classification and the duration of the contract of the agents exercising
upkeep, maintenance or service activities, under the General Directorate of Customs ............................... ..............

22

MINISTRY OF TOURISM AND CRAFTS

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 approving tourist development plans for areas
expansion and tourist sites "Barrage Ksob Source Belaibi", "Bou Saâda" and "Maâdid" in the wilaya of M'Sila .....

24

Decree of 8 Ramadhan 1439 corresponding to 24 May 2018 approving the tourist development plan for the area
expansion and tourist site of "Temacine" wilaya of Ouargla ..................................... .................................................. .......

24

Decree of 8 Ramadhan 1439 corresponding to 24 May 2018 approving the tourist development plan for the area
expansion and tourist site of "Marsat El Hadjadj" wilaya of Oran .................................. .................................................. ....

25

MINISTRY OF THE ENVIRONMENT AND RENEWABLE ENERGIES

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 establishing the competent joint administrative committees
with regard to the bodies of officials of the Ministry of the Environment and Renewable Energies ................................ ........

25

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 on the composition of the joint administrative committees
competent with regard to the bodies of officials of the Ministry of the Environment and Energy
renewable ................................................. .................................................. .................................................. ...........................

27

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 setting the composition of the competent appeal committee with regard to
bodies of officials from the Ministry of the Environment and Renewable Energies .................................... ................

28

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25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

LAWS
Law n ° 18-06 of 25 Ramadhan 1439 corresponding to
June 10, 2018 amending and supplementing
Ordinance No. 66-155 of June 8, 1966 on
Code of Criminal Procedure.
————

The constraint by body is achieved by the imprisonment of the
debtor. In any case, it does not extinguish the obligation which may
be the subject of subsequent prosecution by means of
ordinary execution.
The cassation appeal suspends the execution of the
constrained by body ”.

The president of the Republic,
Considering the Constitution, in particular its articles 136, 137
(paragraph 2), 138, 140-7 and 144;

“Art. 602. - Save exceptions resulting from special laws,
the duration of the constraint by body is fixed by the court
provided for in Article 600 above, and, where applicable, by
Considering the ordinance n ° 66-155 of June 8, 1966, modified and
order at the request of the president of the court which
completed, on the code of criminal procedure;
rendered the decision or the one in whose jurisdiction it is
Considering the ordinance n ° 66-156 of June 8, 1966, modified and
find the place of performance, at the request of the party
completed, on the penal code;
beneficiary of the decision and on request from the ministry
Considering the ordinance n ° 72-50 of October 5, 1972 relating to the public, within the following limits:
production and effects newsletters n bones 2 and 3 of the locker
- from two to ten days when the fine or the others
judicial;
pecuniary convictions are equal to 20,000 DA or more
Considering the law n ° 01-14 of 29 Joumada El Oula 1422
corresponding to August 19, 2001, amended and supplemented,
relating to the organization, security and policing of the
traffic ;
Considering the law n ° 04-18 of 13 Dhou El Kaâda 1425
corresponding to December 25, 2004 relating to prevention
and the suppression of the illicit use and trafficking of narcotics
and psychotropic substances;
Considering the law n ° 08-09 of 18 Safar 1429 corresponding to the
February 25, 2008 on the Code of Civil Procedure and
administrative;
Considering the law n ° 15-03 of 11 Rabie Ethani 1436 corresponding
on February 1, 2015 relating to the modernization of justice;
Considering the law n ° 15-12 of 28 Ramadhan 1436 corresponding
on July 15, 2015 relating to the protection of the child;
After advice from the Council of State,
After adoption by Parliament,
Promulgates the law, the content of which follows:
Article 1. - The purpose of this law is to modify and
to complete the ordinance n ° 66-155 of June 8, 1966 concerning
Code of Criminal Procedure.
Art. 2. - Articles 599, 602, 603, 609, 618, 620, 624,
626, 627, 628, 629 and 630 of ordinance n ° 66-155 of
June 8, 1966 referred to above, are amended, supplemented and drafted
as follows:
“Art. 599. - Regardless of the pursuit of property
provided for by article 597 of this code, the execution of
decisions ordering fines, restitutions,
civil reparations and legal costs in matters of crimes
and misdemeanors can be prosecuted by way of duress by
body.

and do not exceed 100,000 DA;
- from ten to twenty days when, above 100,000 DA,
they do not exceed 500,000 DA;
- from twenty days to two months when, greater than
500,000 DA, they do not exceed 1,000,000 DA;
- from two to four months when, greater than
1,000,000 DA, they do not exceed 3,000,000 DA;
- from four to eight months when, greater than
3,000,000 DA, they do not exceed 6,000,000 DA;
- from eight months to one year when, greater than
6,000,000 DA, they do not exceed 10,000,000 DA;
- from one year to two years, when they exceed
10,000,000 DA.
When the constraint by body guarantees the settlement of
several receivables, its duration is calculated based on the total
convictions ”.
“Art. 603. - The execution of the constraint by body is
suspended for the benefit of the convict who justifies, by everything
means, to the prosecution, his insolvency.
However, the provisions of the first paragraph cannot
benefit the convicted person for crime or economic offense or
terrorist and subversive acts or transnational crime as well as
for felony or misdemeanor committed against minors ”.
“Art. 609. - The condemned, against whom the constraint by
body has been ordered, which cannot discharge all of the
sums due, can put an end to their effects by paying a
sum which cannot be less than half of the sum
due with obligation to pay the remainder of the sum in
all or in installments within the time limits set by the prosecutor
of the Republic, after agreement of the applicant for the
constrained by body.

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June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

The detained debtor is released by the public prosecutor
the Republic, after noting the meeting of
conditions provided for in this article ”.
"Art 618. - The registry of each Court receives, in what
concerns persons born within the jurisdiction of the Court and
after verification of their identity in the civil status registers,
files noting:
1- Contradictory convictions or
default convictions without opposition,
pronounced for felony or misdemeanor by any jurisdiction, including
including suspended sentences;
2- Penal ordinances not subject to opposition;
3- Contradictory convictions or
unopposed default sentences
pronounced for contravention when the penalty prescribed by
the law is greater than ten (10) days imprisonment or
five thousand dinars (5,000 DA) fine, including
suspended sentences;
4- The decisions pronounced by the courts of
minors;
5- Disciplinary decisions pronounced by the authority
judicial or by an administrative authority when they
cause or enact disabilities;
6- Declarations declaring bankruptcy or settlement
judicial;
7- The judgments pronouncing the prohibition to exercise
family rights;
8- Judgments pronouncing a sentence of interest work
general;
9- Expulsion measures taken against foreigners;

5

2. Within fifteen days of notification of the decision
pronounced in accordance with the provisions of Articles 320,
410, 411 and 412 of this code if the decision has been rendered
by default ;
3. Within fifteen days of notification of the decision
pronounced in accordance with the provisions of Articles 345,
347 (paragraphs 1 and 3) and 350 of this code;
4. After one month of notification of the penal order
unopposed;
5. From the issuance of the order amending
flat-rate ”.
“Art. 626. - The clerk of the Court of the place of birth
or the magistrate in charge of the central criminal records service,
as soon as he receives the amending form provided for in article 627,
have the following information written on ballots n ° 1:
- pardon, commutation or reduction of sentence;
- decisions which suspend the execution of a
first conviction and those of their revocation;
- notices of termination of the work sentence
of general interest or violation of related obligations
and execution of the main sentence;
- conditional release decisions and those
of their revocation;
- judicial rehabilitation decisions;
- expulsion decisions;
- decisions that revoke or suspend the measures
deportation;
- decisions to put under electronic surveillance and
those of their revocation.

10- Penal ordinances relating to fines
fixed rates provided for by this code ”.

The clerk also mentions the date of expiry of
the penalty and the payment of the fine ”.

"Art 620. - It is held at the Ministry of Justice, a
central criminal records service, headed by a magistrate.

“Art. 627. - Are responsible for drafting the files
amendments and sending them to the Registrar of the Court or to the
magistrate in charge of the central criminal records service:

The central criminal records service is exclusively
competent to keep the criminal record of all
people, regardless of nationality, born outside
territory of the Republic.
He is also responsible for keeping the criminal record of
legal persons provided for by this code ”.
“Art. 624. - Each of the sentences, decisions or
penal orders provided for in Article 618 is the subject of a
separate bulletin n ° 1, drawn up by the court clerk
who ruled.
The ballot is signed by the clerk and stamped by the prosecutor
general or the public prosecutor.

1. For pardons, commutations or reductions of
penalties, the clerk of the court which pronounced the
condemnation;
2. For the expiration dates of corporal punishment, the
directors of penitentiaries;
3. For the payment of the fine and legal costs, the
responsible for the recovery of courts and
finance administration;
4. For the execution of the constraint by body, the directors
penitentiary establishments;
5. For decisions suspending a sentence or revoking
its suspension, the authority which made them;
6. For expulsion decisions, the Minister of
the interior;

The bulletin is established:
1. As soon as the decision becomes final, when it has
been made contradictorily;

7. For decisions withdrawing or suspending measures
of expulsion, the clerk of the administrative jurisdiction;

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

8. For decisions on rehabilitation, the public prosecutor
general or the public prosecutor at the jurisdiction
who ruled;
9. For conditional release decisions and
those of their revocation, and the decisions of
electronic surveillance and those of their revocation,
penalty enforcement judges;
10. For declarations of excusability in matters of
bankruptcy and concordat homologations, the clerk of the
court which pronounced the related decisions;
11. For the end of the execution of the sentence of interest work
general or the execution of the main sentence, the clerk of
the court which pronounced this sentence ”.
“Art. 628. - Ballots n ° 1 are removed from the box
judicial and destroyed by the clerk of the Court of the place of
birth or by the magistrate in charge of the central
criminal record, in the following cases:
1. Upon the death of the holder of the ballot;

It is issued to the public prosecutor, magistrates,
Minister of National Defense, to the Minister of the Interior,
directors of penitentiaries and
public administrations.
However, the decisions pronounced against the
minors as well as those pronounced against
people with no criminal record,
sentencing to a term of imprisonment equal to or
less than six (6) months suspended sentence and / or an equal fine
or less than 50,000 DA are only mentioned on the
bulletins n ° 2 issued to magistrates to the exclusion of any
other public authority or administration.
With the exception of those issued to magistrates and
the exclusion of any other authority or administration
public, are not also mentioned on the
bulletins n ° 2, the sentencing decisions
fine equal to or less than 50,000 DA, upon payment
of the fine ”.
Art. 3. - Ordinance n ° 66-155 of June 8, 1966,
aforementioned, is supplemented by an article 630 bis worded as follows
that it follows:

2. When the conviction mentioned on the ballot
n ° 1 was completely erased by the amnesty;

3. When a decision to rectify the criminal record
“Art. 630 bis. - Anyone can take
has intervened, in this case, the withdrawal is carried out with due diligenceknowledge of the information entered in bulletin n ° 2 of its
of the public prosecutor to the court which issued the
criminal record on request to the Attorney General,
decision;
to the public prosecutor at any court or
4. When the convicted person has objected or appealed to
judgment or judgment rendered by default, or when the convicted person
by judgment deemed to be contradictory, lodge an appeal or
appeals in cassation or when the Supreme Court annuls a
decision by application of articles 530 and 531 of this
code, the withdrawal is carried out at the behest of the public prosecutor
near the court which rendered the annulled decision;
5. When the juvenile section has ordered the removal
of bulletin n ° 1 in application of the provisions of the law
relating to the protection of the child, this withdrawal is made at the
due diligence of the public prosecutor to the jurisdiction that issued
this decision ;
6. Cancellation of the fixed fine by the judge
principal, in application of article 392 bis of this
code, the withdrawal is carried out at the behest of the public prosecutor
near the court which issued this order.
The clerk must, as soon as he ascertains that the rehabilitation of
right is acquired, make mention of it on the bulletin n ° 1 ”.
“Art. 629. - A duplicate of all the ballots is established
n ° 1 noting a custodial sentence, with or without
stay, pronounced for felony or misdemeanor.
This duplicate and the duplicates of the modification sheets
provided for in article 627 of this code, are sent to the
Ministry of the Interior for information.
The Ministry of the Interior must also be informed of
files the withdrawal of which was made in application of the
provisions of article 628 of this code ”.
“Art. 630. - Bulletin n ° 2 is the complete statement of
various bulletins n ° 1 applicable to the same person.

to the magistrate in charge of the central criminal records service if
the person concerned was born abroad.
This knowledge does not constitute notification of decisions
judicial proceedings and is not taken into account in the calculation
time limits for appeal.
In any case, a copy of bulletin n ° 2 is not issued to
the person concerned ”.
Art. 4. - Articles 632, 633, 646, 647, 648, 649, 650,
651, 653, 654, 655, 656, 657, 658, 664, 665, 666, 667, 668,
669, 674 and 675 of ordinance n ° 66-155 of June 8, 1966
above, are amended, supplemented and drafted as
follows:
“Art. 632. - Bulletin n ° 3 is the statement of
sentences involving deprivation of liberty
by one of the courts of the Republic for felony or misdemeanor,
when the sentence pronounced is greater than one (1) month.
However, when the maximum penalty prescribed
legally is more than three (3) years imprisonment,
the sentence imposed which is equal to or less than one (1) month,
is entered in bulletin n ° 3 of the criminal record, unless
the court has ordered, ex officio or at the request of
the person concerned, his non-registration, when it appears to him that the
damage has been repaired and the disturbance resulting from the offense has
ceased.
Are not registered on the bulletin n ° 3 that the
convictions of the nature specified above and not
erased by the rehabilitation, and for which the judge did not
not ordered that the execution of the sentence should be suspended
less, in the latter case, than a new conviction
deprived the person concerned of the benefit of this measure.

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7

If the judgment includes an additional penalty
prohibition, forfeiture of a right or incapacity, the
additional penalty is written on bulletin n ° 3, any
the duration of its application. It is also inscribed there
principal punishment whatever its nature, with or without
stay.

“Art. 649. - It is mentioned in the criminal record of
the legal entity of subsequent modifications
provided for in Article 626 above, which are subject to the
provisions of Articles 627 and 628 above, with the exception of
those which are incompatible with the nature of the person
moral ”.

It is expressly stated on the form that it is issued
in accordance with this article ”.

“Art. 650. - The bulletin of the criminal record of the
legal person includes all the penalties and sanctions
concerning, not having been erased by the rehabilitation.

“Art. 633. - Bulletin n ° 3 can only be claimed by
the person it concerns and can only be issued on
justification of his identity.

Where there is no criminal conviction or
sanction, a bulletin is issued bearing the mention
"Nothing".

It can only be issued to third parties by special power of attorney.
If the person is domiciled abroad, it is issued to him
by a diplomatic or consular center.
Bulletin n ° 3 can be issued electronically ”.
Criminal records of legal persons
“Art. 646. - The criminal record of legal persons
instituted at the Ministry of Justice is responsible for centralizing
bulletins provided for in article 647 below, relating to
convictions and sanctions pronounced by the courts,
against legal persons and those rendered by
foreign jurisdictions to which the
Algerian authorities within the framework of cooperation
international ”.
“Art. 647. - The clerk of the court which issued the
decision establishes a file for:
1- Any decision carrying a criminal conviction
contradictory or by default not subject to opposition;
2- Decisions declaring bankruptcy or settlement
judicial;

“Art. 651. - The bulletin of the criminal record of the
legal person is signed by the clerk who drafted it, it is
endorsed by the magistrate in charge of the central register service
judicial, by the public prosecutor or the public prosecutor
general ”.
“Art. 653. - The rectification of a mention made on the
criminal record of the legal person is carried out
in accordance with the procedures provided for in Articles 639, 640
and 641 of this code ”.
“Art. 654. - Extract from the person's criminal record
morality is issued, on request, to the public prosecutor, to
magistrates, the Minister of the Interior, the Minister of
finance, the Minister of Commerce as well as
administrations and public institutions seized of
public procurement tenders.
It is also issued to the legal representative of the person
legal entity or its delegate, after verification of their identity
and its quality ”.
From the traffic offenses register
“Art. 655. - It is kept at the registry of each Court and at the
central criminal records service of the Ministry of Justice,
a record relating to traffic offenses ”.

3- Sanctions issued by jurisdictions other than
criminal.
Each sentence or sanction is the subject of a separate file.
The form is signed by the clerk and endorsed by the prosecutor
general or the public prosecutor.
The file is sent to the magistrate in charge of the service
central criminal record, from the date on which the
judgment becomes final if it has been rendered contradictorily
and after fifteen (15) days of its notification if it has been made
by default or after one (1) month from the notification of
the unopposed penal ordinance.
The model of the criminal record of legal persons is
fixed by order of the Minister of Justice ”.
“Art. 648. - The file relating to the legal person must
mention its name, registered office and legal nature,
its statistical and / or fiscal identification number, the date
of the commission of the facts, their legal qualification, the
sentence or sanction imposed, their dates and the name of his
legal representative on the day of the commission of the facts ”.

“Art. 656. - The record of traffic offenses, kept
at the registry of the Court, receives the forms provided for in Article 657
concerning persons born within the jurisdiction of the Court.
The traffic offense record kept at the service
central criminal record of the Ministry of Justice receives
files relating to persons born abroad ”.
“Art. 657. - A duplicate of files n ° 1 is drawn up
containing the penalties for traffic offenses
provided for by the legislation in force ”.
“Art. 658. - The record of traffic offenses
receives a duplicate of all modification sheets or
withdrawal which are established for the bulletins n ° 1 of the locker
judicial process provided for in article 657 above ”.
“Art. 664. - The record of traffic offenses
includes all sentences that concern the same person
which have not been erased by the rehabilitation.

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When there are no penalties, it is mentioned in
"nil" bulletin.

Effects of the criminal record
“Art. 675 bis. - Mentions of convictions made
in the criminal record, cannot, in any way,
constitute a barrier to recruiting the people they
concern, by administrations and establishments
public, unless the offense committed is incompatible
with the exercise of the function to be filled.

The traffic offense record is issued, to
the exclusion of any other person, except:
1. concerned;
2. magistrates;
3. Minister of National Defense;
4. Minister of the Interior ”.
“Art. 665. - The model of the criminal record
circulation, is fixed by order of the Minister of Justice ”.

They may not constitute an obstacle to the exercise of a
social or economic activity or an activity in the
private sector companies unless required by law
other ".
Art. 6. - Articles 676 and 677 of the ordinance
n ° 66-155 of June 8, 1966 referred to above, are modified, supplemented
and drafted as follows:

From alcoholism and narcotics locker
“Art. 666. - It is kept at the registry of each Court and at the
central criminal records service at the Ministry of Justice,
a record relating to the sentences handed down by the courts,
in application of the legislative texts relating to the prevention and
in the fight against alcoholism and drugs ”.

“Art. 676. - Any natural or legal person
convicted of felony, misdemeanor or contravention by a
Algerian jurisdiction, can be rehabilitated.
Rehabilitation eliminates, for the future, the effects of
conviction and resulting disabilities.

“Art. 667. - The record of alcoholism and narcotics,
It is either automatically acquired or granted by
kept at the registry of the Court, receives the forms provided for in Article judgment ”.
668 concerning persons born within the jurisdiction of this
“Art. 677. - Rehabilitation is acquired as of right at
Court.
the natural person convicted of an offense or contravention
The alcoholism and narcotics register kept at the service
who has not, within the time limits determined below, undergone any
central criminal record at the Ministry of Justice receives
new imprisonment or sentence
files concerning persons born abroad ”.
more serious for felony or misdemeanor:
“Art. 668. - A duplicate of all the files is drawn up
n ° 1 relating to the sentences handed down, in application of the
legislative texts relating to the prevention and control of
alcoholism and drugs ”.
“Art. 669. - The record of alcoholism and narcotics
receives a duplicate of the modification sheets or
withdrawal established for ballots n ° 1 provided for in article 668
above ”.
“Art. 674. - The bulletin of the record of alcoholism and
narcotics includes all penalties relating to
same person not erased by rehabilitation.
When there are no penalties, it is mentioned in
"nil" bulletin.
The Alcohol and Narcotics Recorder Report is not
issued only to:
1- concerned;
2- magistrates;
3- Minister of National Defense;
4-Minister of the Interior ”.
“Art. 675. - The model of the record of alcoholism and
narcotics is established by order of the Minister of
justice ”.
Art. 5. - Ordinance n ° 66-155 of June 8, 1966,
aforementioned, is supplemented by article 675 bis, worded as follows
that it follows:

1) For fines, after a period of
three (3) years, from the day of payment of the fine, or
the execution of the constraint by body, or the
prescription fulfilled;
2) For the sentence of community service, after a deadline
four (4) years, from the expiration of the sentence
suffered;
3) For the single sentence
imprisonment not exceeding one (1) year or
multiple prison sentences, all of which
does not exceed one (1) year, after the expiration of a period
six (6) years, from either the expiration of the sentence
suffered, either of the prescription fulfilled;
4) For the single sentence
imprisonment not exceeding two (2) years or
multiple prison sentences, all of which
does not exceed two (2) years, after the expiration of a period
eight (8) years counted either from the expiration of the sentence
suffered, either of the prescription fulfilled;
5) For the single sentence
imprisonment not exceeding five (5) years, or
multiple prison sentences, all of which
does not exceed three (3) years, after the expiration of a period of
twelve (12) years counted either from the expiration of the sentence
suffered, either of the prescription fulfilled;
6) For the single sentence
imprisonment exceeding five (5) years, or
multiple prison sentences, all of which
does not exceed five (5) years, after the expiration of a period of
fifteen (15) years counted either from the expiry of the sentence suffered,
either of the prescription fulfilled;

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

When a sentence includes a term of imprisonment
suspended sentence and a prison sentence, are taken
taken into account for the calculation of time limits, those of the penalty
of firm imprisonment.
Are, for the application of the preceding provisions,
considered to constitute a conviction
single, convictions whose confusion has been
orderly.
Total or partial remission of a sentence by pardon
is equivalent to its total or partial execution ”.
Art. 7. - Ordinance n ° 66-155 of June 8, 1966
aforementioned is supplemented by article 678 bis worded as follows
that it follows:
“Art. 678 bis. - Rehabilitation is fully acquired
right to the legal person for felony, misdemeanor or contravention,
if it has not been sentenced during these periods to another
penalty:
1 °) For a single fine, after a
period of five (5) years from the date of payment of
the fine, or the prescription fulfilled;
2 °) For the condemnation of the fine accompanied by a penalty
additional or more, with the exception of dissolution,
after a period of seven (7) years from the payment of
the fine or the prescription fulfilled;
3 °) For multiple convictions, the deadlines
provided for in this article are increased to ten (10) years,
count, payment of the fine or prescription
accomplished;
4 °) For the suspended fine, the
full rehabilitation of the legal person, is
acquired after the expiration of a probation period of five
(5) years if the suspension has not been revoked. The time limit begins
to run from the day on which the decision becomes binding
of res judicata.

9

The period begins to run from the day of the release of the
sentenced to a firm custodial sentence.
When the sentence of firm imprisonment is matched
a fine, the time limit starts from the day of release
of the condemned.
When only the fine is pronounced, the time limit
share of the day of payment of the fine.
When the convict has been released
conditional, the period starts from the day of the conditional, unless it has
was followed by revocation.
When an additional sentence is pronounced, the
rehabilitation can only be requested after completion of
this trouble.
Grace is equivalent to the execution of the sentence ”.
“Art. 685. - The convicted person sends the request for
rehabilitation to the public prosecutor of his
residence.
If he is resident abroad, he sends it to the public prosecutor
the Republic of his last residence in Algeria. Failing that,
he sends it to the public prosecutor of the last
court which pronounced the sentence.
The request specifies:
- the date of the conviction;
- the places where the convict has resided since his
conviction ”.
“Art. 686. - The public prosecutor has
to an investigation by the services of the national gendarmerie
or national security or by the external services of
the prison administration responsible for reintegration
social welfare of prisoners, in localities where the convict has
resided.
It collects, if necessary, the opinion of the enforcement judge
penalties.

When an additional sentence is pronounced, the
full rehabilitation is only acquired after execution
of this trouble.
Grace is equivalent to the execution of the sentence ”.
Art. 8. - Articles 681, 685 and 686 of the ordinance
n ° 66-155 of June 8, 1966 referred to above, are modified, supplemented
and drafted as follows:
“Art. 681. - The request for rehabilitation may be
formed by the convicted person to a criminal sentence, after a
five (5) year period.
This period is reduced to three (3) years for the convicted person.
for misdemeanor and one year for contraventional penalties.

If the rehabilitation request concerns a person
moral, the public prosecutor carries out an investigation,
surrounds himself with all the useful information and collects the opinion
of the public administrations concerned if he considers it
necessary ".
Art. 9. - Ordinance n ° 66-155 of June 8, 1966,
aforementioned, is supplemented by Articles 693 bis and 693 bis 1
drafted as follows:
“Art. 693 bis. - The request for judicial rehabilitation
of the legal person is presented by its representative
legal.

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

It is addressed to the public prosecutor of the place of
its head office. If the head office is abroad, the
request is addressed to the public prosecutor of the
court which pronounced the last sentence.
The legal person is subject to the same provisions
of judicial rehabilitation applicable to persons
physical conditions provided for by this code that are not
contrary to its nature.
The request for rehabilitation cannot be presented by the
sentenced to an additional penalty only after the execution
of this penalty ”.

Law n ° 18-07 of 25 Ramadhan 1439 corresponding to
June 10, 2018 relating to the protection of individuals
physical data processing at
personal character.
————
The president of the Republic,
Considering the Constitution, in particular its articles 46, 136,
137-2, 138, 140 and 144;
Having regard to the international covenant on civil rights and
policies adopted by the General Assembly of Nations
United on December 16, 1966 and to which Algeria joined by
presidential decree n ° 89-67 of May 16, 1989;

Considering the organic law n ° 98-01 of 4 Safar 1419
corresponding to May 30, 1998, amended and supplemented,
“Art. 693 bis 1. - Unless the foreign authorities advise
relating to skills, organization and
competent authorities attesting to the benefit by the convicted person of thefunctioning of the Council of State;
rehabilitation for sentences handed down by courts
Considering the organic law n ° 12-05 of 18 Safar 1433
foreigners registered in the criminal record in accordance with
corresponding to January 12, 2012 relating to information;
provisions of article 644 of this code, it is
Considering the ordinance n ° 66-155 of June 8, 1966, modified and
application for these penalties of the provisions of articles 677
completed, on the code of criminal procedure;
and 678 above, relating to rehabilitation.
Considering the ordinance n ° 66-156 of June 8, 1966, modified and
completed, on the penal code;
When it comes to crime, the request for rehabilitation is
Considering the ordinance n ° 75-58 of September 26, 1975, modified
addressed to the indictment chamber, after the expiration of a
and completed, bearing the civil code;
period of five (5) years, from the date of execution of the
hardly. The indictment chamber decides after investigation
on the morality and conduct of the person concerned, by judgment

Considering the ordinance n ° 75-59 of September 26, 1975, modified
and completed, relating to the commercial code;

subject to appeal in accordance with the terms and conditions
by this code ”.

Considering the law n ° 84-17 of July 7, 1984, modified and supplemented,
relating to finance laws;

Art. 10. - The bulletins of the companies register are inserted
in the criminal records of legal persons, from its
entry into service.
Art. 11. - Are replaced, in the Arabic text of
Ordinance No. 66-155 of June 8, 1966, referred to above, the terms
‫كتابــــة الضبـــــط‬
" ‫" قلــــــم كتــــــــاب‬And"
»By the term
" ‫أمانة الضبط‬
" ‫أمﲔ الضبط‬

‫الكاتب‬

"And the term"

»By the term

".

Art. 12. - Articles 652, 659, 660, 661, 662, 663, 670,
671, 672 and 673 of ordinance n ° 66-155 of June 8, 1966
on the Code of Criminal Procedure and the provisions of
Ordinance n ° 72-50 of 5 October 1972 relating to the
production and effects newsletters n bones 2 and 3 of the locker
judicial are repealed.
Art. 13. - This law will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, on 25 Ramadhan 1439 corresponding to the 10
June 2018.

Considering the law n ° 85-05 of February 16, 1985, modified and
completed, relating to the protection and promotion of
health;
Considering the ordinance n ° 95-24 of 30 Rabie Ethani 1416
corresponding to September 25, 1995 relating to the protection
public heritage and the safety of the people who
are linked ;
Considering the law n ° 08-09 of 18 Safar 1429 corresponding to the
February 25, 2008 on the Code of Civil Procedure and
administrative;
Considering the law n ° 09-04 of 14 Chaâbane 1430 corresponding to the
August 5, 2009 laying down specific rules relating to
prevention and fight against offenses related to
information and communication technologies;
Considering the law n ° 15-03 of 11 Rabie Ethani 1436 corresponding
on February 1, 2015 relating to the modernization of
justice;
Considering the law n ° 15-04 of 11 Rabie Ethani 1436 corresponding
on February 1, 2015 setting the general rules relating to
electronic signature and certification;
Considering the law n ° 18-04 of 24 Chaâbane 1439 corresponding to the
May 10, 2018 laying down the general rules relating to the post
and electronic communications;
After advice from the Council of State,

Abdelaziz BOUTEFLIKA.

After adoption by Parliament,

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Promulgates the law, the content of which follows:
TITLE I
GENERAL PROVISIONS
Article 1. - The purpose of this law is to set the
rules for the protection of natural persons in the
processing of personal data.
Art. 2. - The processing of personal data,
whatever its origin or form, must be done in the
framework of respect for human dignity, privacy,
public freedoms and must not infringe the rights of
people, to their honor and reputation.

11

"Genetic data": all data relating to
hereditary characteristics of an individual or group
related individuals;
"Data in the field of health": any
information concerning the physical and / or mental state of the
data subject, including their genetic data;
"File" any structured and grouped data set
likely to be consulted according to determined criteria;
"Electronic communication": any broadcast,
transmission or reception of signs, signals, writings,
images or sounds, data, or information from
any kind by wire, optical or electromagnetic means;

"Controller": natural person or
Art. 3. - For the purposes of this law, the following terms are understood to mean:
legal, public or private or any other entity which, alone or
jointly with others, determines the purposes and
"Personal data": any information,
means of data processing;
whatever its medium, concerning a person
identified or identifiable, hereinafter referred to as "person
concerned ', either directly or indirectly, in particular
by reference to an identification number or to one or
several specific elements of his physical identity,
physiological, genetic, biometric, psychic,
economic, cultural or social;
"Person concerned": any natural person
whose personal data are subject to
treatment ;
"Processing of personal data",
hereinafter referred to as "processing": any operation or
set of operations carried out using means or
automated or non-automated processes and applied to data to
personal character, such as collection, recording,
organization, conservation, adaptation or
modification, extraction, consultation, use,
communication by transmission, broadcast or any other
form of provision, reconciliation or
interconnection, as well as locking, encryption,
erasure or destruction;
"Consent of the person concerned": any
manifestation of will, knowingly, by
which the data subject or their legal representative,
accepts that their personal data are subject to a
manual or electronic processing;
"Automated processing": operations carried out in
in whole or in part using automated processes such as
data recording, application to this data
logical and / or arithmetic operations, their modification,
erasure, extraction or dissemination;
"Sensitive data": personal data which
reveal racial or ethnic origin, political opinions,
religious or philosophical beliefs or
the trade union membership of the person concerned or who
relate to his health, including his genetic data;
"Illegal content": any content contrary to the laws in
force, in particular, the content of a subversive or
that may affect public order and the content
pornographic or contrary to morality;

"Subcontractor": any natural or legal person,
public or private or any other entity that processes data
of a personal nature on behalf of the person responsible for
treatment ;
"Third party": any natural or legal person, public
or private or any other entity other than the person
concerned, the controller, the processor and
people who, under the direct authority of the
controller or processor, are empowered
to process the data;
"Recipient": natural or legal person, authority
public, service or any other entity that receives
communication of personal data;
"Assignment or communication": any disclosure or
communication of data brought to the attention of a
person other than the person concerned;
"Data interconnection": any mechanism for
connection consisting of the linking of data
processed for a specific purpose together with other data
processed for identical or different purposes by the same
controller or by one or more others
data controllers;
"The National Authority": national protection authority
personal data provided for in this
law ;
"Service provider": 1 - any public entity
or private that offers users of its services, the
possibility of communicating by means of a system
IT and / or a telecommunications system;
2- any other entity processing or storing data
IT systems for this communication service or
users.
"Direct prospecting": any solicitation made at
means of sending a message, whatever the medium or
nature, intended to promote, directly or
indirectly, goods, services or the image of a
person selling goods or providing services.
"Closing data": making them inaccessible.

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Art. 4. - This law applies to the processing
automated in whole or in part of the personal data
personnel, as well as non-automated data processing
of a personal nature contained or called upon to appear in
manual files.
This law applies to the processing of data at
personal character carried out by public bodies or
private persons:
1- when it is carried out by a natural person or
legal entity whose responsible is established on Algerian territory
or on the territory of a State whose legislation is recognized

2- collected and processed in the interest of the defense and
national security;
3- collected and processed for the purposes of prevention,
prosecution and repression of offenses as well as those
contained in judicial databases which
are governed by the texts relating to their creation and subject to
in article 10 of this law.
TITLE II
BASIC PRINCIPLES OF PROTECTION
PERSONAL DATA

Chapter i

equivalent to national protection legislation
personal data.

Prior agreement and data quality

Is considered established in Algeria, the head of a
treatment which carries out an activity on Algerian territory
as part of an installation, whatever its form
legal;

Art. 7. - Processing of personal data
can only be done with the express consent of the
concerned person.
If the person concerned is incapable or prohibited, the
consent is governed by the rules of common law.

2- when the person in charge is not established in the territory
Algerian but uses, for the purposes of data processing
personal character, by automated or non-automated means, located
on Algerian territory, excluding processing which does not
are used only for transit purposes on the territory
national.

The person concerned can withdraw at any time.
The personal data that is the object of the processing
can be communicated to a third party only for the realization
for purposes directly related to the functions of the person responsible for
treatment and recipient and subject to consent
prior notice of the person concerned.

In this case, the controller must notify
the national authority, the identity of its representative installed in
Algeria which, without prejudice to its personal responsibility,
replaces him in all his rights and obligations resulting
of the provisions of this law and of the texts taken for its
application.

However, such consent is not required if the
treatment is necessary:
- compliance with a legal obligation to which is
submitted the person concerned or the person in charge of the
treatment ;

Art. 5. - Automated data processing at
personal character for the purpose of research or
studies in the field of health as well as the evaluation or
the analysis of practices or activities of care or
prevention are subject to this law, with the exception of:

- to safeguard the life of the person concerned;
- the performance of a contract to which the data subject
is a party or to the execution of pre-contractual measures
taken at the request of the latter;

- processing of personal data having
for the purpose of individual therapeutic or medical monitoring of
patients;
- processing allowing studies to be carried out from
data collected in application of the previous point,
when these studies are carried out by personnel ensuring
this monitoring and intended for their exclusive use;

- to safeguard the vital interests of the person
concerned, whether it is physically or legally in
inability to give consent;

- processing carried out for reimbursement purposes or
control by the bodies responsible for insurance
disease ;

- the realization of a legitimate interest pursued by the
controller or by the recipient, subject to
the interest and / or fundamental rights and freedoms of
concerned person.

- the performance of a mission of public interest or relevant
the exercise of public authority vested in the
controller or the third party to whom the data are
communicated;

- processing carried out in establishments
health by physicians responsible for information
medical.

Art. 8. - Processing of personal data
which concerns a child can only be carried out after
obtaining the consent of their legal representative or,
if necessary, the authorization of the competent judge.

Art. 6. - Are excluded from the application of this law,
personal data:

The judge can order treatment even without the
consent of the legal representative, when the interest
the child's superior requires it.

1- processed by a natural person within the exclusive framework
of his personal or domestic activities, provided
that they are not intended for communication to
third party or broadcast;

The judge can, at any time, revoke his authorization.

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13

Art. 9. - Personal data must be:

Section I

a) processed lawfully and fairly;

The statement

b) collected for specific, explicit and
legitimate, and cannot be further processed in a
incompatible with said purposes;

Art. 13. - The prior declaration, which includes
the commitment that the processing will be carried out in accordance with
to the provisions of this law, is deposited with
national authority. It can be done by way
electronic.

c) adequate, relevant and not excessive in relation to the
purposes for which they are collected or processed;

A deposit receipt is issued or transmitted by
electronic immediately or, at the latest, within
forty-eight (48) hours.

d) accurate, complete and, if necessary, kept up to date;
e) kept in a form allowing identification
of the persons concerned for a period not exceeding
that necessary to achieve the purposes for which
they have been collected or processed.

The processing operations under the responsibility of the same
processing and having identical or related purposes
can be the subject of a single declaration.

At the request of the controller and, if there is
a legitimate interest, the national authority may authorize the
retention of personal data for historical purposes,
statistics or scientists beyond the period mentioned in e)
of this article.

The controller may, under his responsibility,
implement the processing, upon receipt of the receipt
provided for in this article.
Art. 14. - The declaration must include:

The controller is responsible for, under the control
national authority, to ensure compliance with the provisions
of this article.

1.the name and address of the controller and,
where applicable, those of its representative;

Art. 10. - Personal data relating to
offenses, penalties and security measures, cannot be
processed only by the judicial authority, public authorities,
legal entities that manage a public service and
auxiliaries of justice within the framework of their attributions
legal.

3.a description of the category or categories of persons
concerned and the data or categories of data to be
personal character relating thereto;

2.the nature, characteristics and purpose (s) of the
proposed treatment;

4. the recipients, or categories of recipients
to which the data is likely to be
communicated;

The processing provided for in this article must specify the
controller, the purpose of the processing, the
data subjects, third parties to whom this data may
be communicated, the origin of this data, and the measures
to be taken to ensure the safety of the treatment.

5.the nature of the data whose transfer to countries
foreigners is considered;
6. the retention period of the data;
7.the service from which the data subject can
exercise, where applicable, the rights recognized by
the provisions of this law, as well as the measures
taken to facilitate the exercise thereof;

Art. 11. - No court decision involving a
appreciation of a person's behavior cannot
be based on automated data processing
to assess certain aspects of their
personality.

8.a general description making it possible to assess
preliminary the appropriateness of the measures
taken to ensure the confidentiality and security of the
treatment ;

No other decision producing legal effects to
towards a person, cannot be taken on the sole
basis for automated data processing intended to
define the profile of the interested party or assess certain aspects
of his personality.

9. interconnections, or any other form of
reconciliation of data as well as their transfer to
third party or subcontracting, in any form, free of charge or
expensive.

Are not considered to be taken on the sole
basis for automated processing, the decisions taken
in connection with the conclusion or performance of a contract
and for which the data subject has been placed
to present its observations, nor those satisfying the
requests from the person concerned.

Any modification of the information mentioned above and
any withdrawal of treatment must be made, without
deadline, to the knowledge of the national authority.
In the event of transfer of a data file, the transferee
is required to complete the declaration formalities provided for by
this law.

Chapter II
Pre-treatment procedures

Art. 15. - The national authority fixes the list of categories
processing of personal data that is not
not likely to infringe the rights and freedoms of
data subjects and their privacy, which are the subject of
a simplified declaration which must specify only the
elements provided for in 1, 2, 3, 4, 5 and 6 of article 14 above.

Art. 12. - Notwithstanding any legislative provision
to the contrary, any data processing operation
personal character, is subject to a prior declaration
to the national authority or its authorization in accordance with
to the provisions of this law.

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The national authority fixes the list of treatments not
automated personal data that can
be the subject of the simplified declaration provided for by this
article.

c) the processing relates to data clearly
made public by the data subject, when
his consent to data processing can be inferred
of his statements;

Art. 16. - The obligation to declare does not apply
processing for the sole purpose of keeping a register
which is open for consultation by the public or any
person showing a legitimate interest.

d) processing is necessary for recognition,
the exercise or defense of a legal right and is carried out
exclusively for this purpose;
e) the processing of genetic data excluding
those carried out by doctors or biologists and which are
necessary for the practice of preventive medicine,
medical diagnoses and administration of care or
treatment.

However, in these cases, a designated
responsible for processing data whose identity is
made public and notified to the national authority and which is
responsible for the application of the provisions relating to
the rights of the data subjects provided for by the
this law.

In any event, measures to protect
data provided for by this law remain guaranteed.

The controller exempt from declaration must
communicate to anyone who requests it, the
information relating to the purpose of the processing, to the identity
and the address of the controller, to the data
processed and to their recipients.

Art. 19. - The interconnection of files under one or more
several legal persons managing a public service and
whose purposes correspond to public interests
different must be authorized by the authority
national.

Section II
Authorization

The interconnection of files belonging to people
physical and whose main purposes are different is
also subject to authorization from the national authority.

Art. 17. - When it appears to the national authority, to
examination of the declaration provided to him, that the
proposed treatment presents obvious dangers for the
respect and protection of privacy and freedoms and rights
fundamentals of people, she decides to submit the said
treatment under the prior authorization regime.

The interconnection of files must make it possible to reach
legal and legitimate objectives for those responsible for
treatments. It cannot lead to discrimination or
reduction of rights, freedoms and guarantees for
persons concerned.

The decision of the national authority must be reasoned and
notified to the controller within ten (10) days
the filing of the declaration.

The modalities of application of this article are, if
applicable, set by regulation.

Art. 18. - Data processing is prohibited
sensitive.

Art. 20. - The authorization request must include the
information provided for in article 14 of this law.

However, the processing of sensitive data may be
authorized, for reasons of public interest essential for
guarantee the exercise of the legal or statutory functions of the
controller or when the data subject
has given its express consent, in the event of a provision
which enshrines it or with the authorization of the
national.

The national authority must render its decision in a
two (2) month deadline for referral; this delay can be
extended, by reasoned decision of its chairman, for one
same duration.
When the national authority has not spoken in the
time limit provided for in this article, the request for authorization
is deemed rejected.

The processing of sensitive data is also permitted in
cases where:
a) the processing is necessary for the defense of vital interests
of the data subject or of another person and if the
the person concerned is physically incapacitated or
legal to give consent;

Art. 21. - Processing of personal data
personnel with a research objective of public interest,
study or evaluation in the field of health are
authorized by the national authority, in compliance with
principles defined by this law and according to
public interest as research, study or evaluation
present.

b) the processing is carried out, with the consent of the
person concerned, by a foundation, association or
a non-profit organization of a political nature,
philosophical, religious or trade union, within the framework of its
legitimate activities, provided that the processing relates to
only members of this organization or persons who
maintain regular contact with him related to his purpose
and that the data is not communicated to third parties
without the consent of the persons concerned.

The national authority may, by a single decision, issue to
the same requestor for an authorization for processing
responding to the same purpose, relating to categories of
identical data with categories of recipients
identical.

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TITLE III

15

Art. 24. - Before taking up their duties, the
members of the national authority take an oath before the
Cour d'Alger in the following terms:

OF THE NATIONAL PROTECTION AUTHORITY
PERSONAL DATA

‫أقسم باﷲ العظيم أن أؤدي مهمتي كعضو ﰲ السلطة الوطنية‬

“

‫ﳊماية اﳌعطيات ذات الطابع الشخصي بكل استقﻼلية وحياد‬

Art. 22. - It is created, with the President of the
Republic, an independent administrative authority of
protection of personal data, designated
hereinafter "the national authority", whose seat is fixed in Algiers.

”. ‫ وأن أحافظ عﲆ س ّرية اﳌداوﻻت‬، ‫وشرف ونزاهة‬

Art. 25. - The national authority is responsible for ensuring that
that the processing of personal data is put
implemented, in accordance with the provisions of this law
and to ensure that the use of
information and communication does not involve
threats to human rights, freedoms
public and private life.

The national authority enjoys legal personality and
financial and administrative autonomy.
The budget of the national authority is entered in the budget of
the state. It is subject to financial control in accordance with
legislation.

As such, it has for missions, in particular:
The national authority draws up and adopts its regulations
interior which fixes in particular the modalities of its
organization and operation.

1 ° to issue authorizations and receive
declarations relating to the processing of personal data
staff ;
2 ° to inform the persons concerned and those responsible
processing of their rights and obligations;

Art. 23. - The national authority is made up of:
- three (3) personalities including the president, chosen by the
President of the Republic because of their skills
in the field of activity of the national authority;

3 ° advising the persons and entities who have recourse to
processing of personal data or which
carry out tests or experiments likely to lead to
such treatments;

- three (3) magistrates, proposed by the Superior Council
of the judiciary, among the magistrates of the Supreme Court
and the Council of State;

4 ° to receive complaints, appeals and complaints
relating to the implementation of data processing at
personal character and to inform their authors of the consequences that
are reserved for them;

- one (1) member of each chamber of Parliament
chosen by their presidents, after consultation with the presidents
parliamentary groups;

5 ° to authorize, under the conditions provided for in this
law, cross-border transfers of personal data
staff ;

- one (1) representative of the National Council for Human Rights
the man ;

6 ° order the necessary modifications to the protection
personal data processed;

- one (1) representative of the Minister of Defense
national;

7 ° to order the closure of data, their withdrawal or
destruction;

- one (1) representative of the Minister of Business
foreigners;

8 ° to present any suggestion likely to simplify
and improve the legislative and regulatory framework relating to
processing of personal data;

- one (1) representative of the minister responsible for the interior;
- one (1) representative of the Minister of Justice, guard of
seals;

9 ° to publish the authorizations granted and the notices
issued in the national register cited in article 28 of this
law ;

- one (1) representative of the minister responsible for the post,
telecommunications, technology and digital;

10 ° to develop cooperative relations with
similar foreign authorities, subject to reciprocity;

- one (1) representative of the minister responsible for health;
—One (1) representative of the Minister of Labor, Employment
and social security.

11 ° to pronounce administrative sanctions in the
conditions defined by article 46 of this law;

The members of the national authority are chosen, because
of their legal and / or technical competence in the
field of personal data processing.

12 ° to develop standards in the field of protection
personal data;
13 ° to develop rules of good conduct and
ethics applicable to data processing at
personal character.

The national authority can appeal to any person
competent person likely to help him in his work.

As part of the exercise of its missions, the authority
national informs the competent public prosecutor
immediately in the event of the discovery of facts liable to
of criminal qualification.

The president and members of the national authority are
appointed by presidential decree for a term of five (5)
years renewable.

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

The national authority draws up an annual activity report and
transmits it to the President of the Republic.

However, the identity of the
the person responsible for processing for the purpose of exercising
the data subjects of the rights provided for by this
law.

Art. 26. - The president and the members of the authority
national authorities must safeguard the secrecy of
of a personal nature and information they have had
knowledge due to their quality, even after the loss
of this unless otherwise provided by law.

The conditions and procedures for keeping the register
national regulations are set.
Art. 29. - The national authority may set by regulations,
human rights conditions and guarantees
concerned in the areas inherent to freedom
expression, health, employment, historical research,
statistics and science, video surveillance and
the use of information and communication technologies
communication, in coordination with the sectors concerned.

The president of the national authority and his
members to have, directly or indirectly, interests
in any company that carries out its activities in the field
processing of personal data.
The president and members of the national authority
benefit from the protection of the State against threats,
outrages and attacks of any kind whatsoever, which they
may be subject to or on the occasion of
the accomplishment of their missions.

Art. 30. - The national authority may decide to
securing transmission, in particular by encryption,
in the event that the network traffic of data to
personal character, may pose a risk to
rights, freedoms and guarantees of the persons concerned.

The compensation scheme for members of the authority
national and the terms and conditions of its granting are
fixed by regulation.

Art. 31. - The status of the staff of the national authority
is fixed by a special text.

Art. 27. - The national authority has a secretariat
executive, headed by an executive secretary, assisted in his
missions by staff.

TITLE IV

The executive secretary and the secretariat staff
executive, are sworn in before the Court of Algiers in the
following terms:

RIGHTS OF THE PERSON CONCERNED
Chapter 1

‫ وأن أحافظ‬، ‫أقسم باﷲ العظيم أن أؤدي وظائفي بكل نزاهة‬

“

Right to information

”. ‫عﲆ س ّرية اﳌعلومات التي أطّلع عليها‬

Art. 32. - Unless she is already aware of it, any
requested person, with a view to collecting their data at
personal character, must be informed in advance of
expressly and unequivocally by the person responsible for
treatment or its representative, of the following:

The executive secretary and the secretariat staff
executive officers are bound to respect the information with which they
became aware in or during the exercise of
their missions.

- the identity of the controller and, if
if applicable, its representative;

The conditions and modalities of application of this
article are fixed by regulation.

- the purposes of the processing;

Art. 28. - A national protection register is established
personal data, the keeping of which is vested in
to the national authority, on which are registered:

- any additional useful information, in particular
the recipient, the obligation to respond and his
consequences as well as their rights and the transfer of data
abroad.

- the files for which the
public authorities;

When the personal data has not been
collected from the data subject, the manager
processing or its representative must, before registration
data or their communication to a third party, provide the
data subject the information referred to above, except
if the person is already aware of it.

- files whose processing is carried out by
private persons;
- references to published laws or regulations relating to
creation of public files;
- declarations to the national authority and authorizations
that it delivers;

In the event of data collection, in open networks, the
data subject must be informed, unless they know
already that the personal data concerning him
can circulate on networks without security guarantees and
that they may be read and used, by third parties not
authorized.

- the data relating to the files which are necessary
to allow data subjects to exercise the rights
provided for by this law.
Are exempt from registration in the national register,
files the sole purpose of which is to keep a
register which, by virtue of legislative or
regulations, is intended for public consultation.

Art. 33. - The information obligation provided for in article
32 of this law, is not applicable:

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a) when the information of the data subject is revealed
impossible, in particular in the case of data processing at
personal, for statistical, historical or
scientists. In this case, the controller is
required to notify the national authority of the impossibility
inform the person concerned and present the reason
of this impossibility;

17

Chapter 4
Right of opposition
Art. 36. - The person concerned has the right to object,
for legitimate reasons that personal data
personnel concerning them are subject to treatment.
It has the right to object to the data being
concerning are used for prospecting purposes,
particularly commercial, by the current manager of
treatment or that of further treatment.

b) if the processing is prescribed by law;
c) if the processing is carried out exclusively for
journalistic, artistic or literary.

The provisions of paragraph 1 of this article do not
do not apply when the treatment responds to a
legal obligation or when the application of these provisions
has been excluded by an express provision of the act authorizing
the treatment.
Chapter 5

Chapter 2
Right of access
Art. 34. - The data subject has the right to obtain
controller:

Prohibition of direct prospecting

- confirmation that the personal data
concerning are or are not processed, the purposes of
processing, the categories of data to which it relates
and the recipients;

Art. 37. - Direct prospecting by means of
a call machine, a fax machine or a mail
electronic device or a means employing
same nature which uses, in any form whatsoever, the
contact details of a natural person who has not expressed
his prior consent.

- communication, in an intelligible form, of
their data which are processed, as well as
any information available on the origin of the data.

However, direct prospecting by email
is authorized, if the recipient's contact details have been
collected directly from him in accordance with
provisions of this law, on the occasion of a sale or
a provision of similar services provided by the same
natural or legal person, and if the recipient sees himself
offer, in an express, unambiguous manner, the
possibility of opposing, free of charge, except those related to the
transmission of the refusal, using their contact details
when these are collected and each time a mail
electronic prospecting is sent to him.

The controller may ask the authority
national response times to access requests
legitimate and may oppose requests clearly
abusive, in particular, by their number and character
repetitive. The burden of proof of the manifestly
abuse of the request, is the responsibility of the
treatment.
Chapter 3
Right of rectification

In all cases, it is forbidden to transmit, for the purpose of
direct prospecting, messages by means of automatons
calls, faxes and e-mails, without indicating
valid contact details to which the recipient can
usefully send a request to obtain that these
communications cease at no cost other than those related to the
transmission thereof.

Art. 35. - The person concerned has the right to obtain,
free of charge, from the controller:
a) updating, rectification, erasure or
blocking of personal data whose processing
does not comply with this law, in particular because of the
incomplete or inaccurate nature of these data or whose
processing is prohibited by law. The controller
is required to make the necessary corrections free of charge
for the applicant, within ten (10) days of his
referral.

It is also prohibited to conceal the identity of the
person on whose behalf the communication is
issued and to mention an object unrelated to the service
offers.
In the event of refusal or no response within the aforementioned period, the
data subject can submit a request for
TITLE V
rectification with the national authority, which instructs
RESPONSIBLE OBLIGATIONS
one of its members to carry out all investigations
TREATMENT
useful and make the necessary corrections, in
as soon as possible. The person concerned is required
Chapter 1
informed of the follow-up to its request;
Confidentiality and security of processing
b) notification to third parties to whom the data
have been communicated of any updates,
any rectification, erasure or blocking of the
personal data carried out in accordance with
point a) above, if this is not impossible.

Art. 38. - The controller must put in
implement technical and organizational measures
appropriate to protect personal data
against accidental or unlawful destruction, loss
accidental alteration, dissemination or unauthorized access
authorized, in particular when the processing involves
data transmissions in a network, as well as against
any other form of unlawful processing.

The heirs of the person concerned can use the
right provided for in this article.

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These measures must ensure a level of safety
appropriate in view of the risks presented by the treatment
and the nature of the data to be protected.

Each service provider maintains an inventory
personal data breaches and
measures taken to remedy it.

Art. 39. - When the processing is carried out for the
account of the controller, he must choose a subcontractor who provides sufficient guarantees inherent to
technical and organizational security measures relating to
treatments to be carried out and must ensure that its
measures.

Chapter 4
Data transfer to a foreign country
Art. 44. - The controller cannot
transfer personal data to a State
foreigner, only with the authorization of the national authority,
in accordance with the provisions of this law and that if
this state ensures a sufficient level of protection of life
privacy and fundamental human rights and freedoms
with regard to the processing of these data or
can be the subject.

The performance of subcontracted treatment must be governed
by a contract or a legal act that binds the subcontractor to the
controller and which provides in particular that the
subcontractor acts only under the sole instruction of the
controller and in compliance with the obligations
provided for in article 38 above.

The sufficiency of the level of protection provided by
a State is assessed by the national authority in particular, by
depending on the legal provisions in force in that State,
the applicable security measures,
characteristics of the processing such as its purposes and
its duration, as well as the nature, origin and
destination of the processed data.

For the purposes of preserving evidence, the elements of the
contract or legal act relating to the protection of
data and requirements relating to the measures provided for in
paragraph 1 of article 38 above, are recorded by
written or other equivalent form.
Art. 40. - The controller as well as the
persons who, in the performance of their duties, have had
knowledge of personal data, are required
respect for professional secrecy even after having ceased
to perform their duties, under penalty of the penalties provided for
by the legislation in force.

It is forbidden, in any case, to communicate or
transfer personal data to a
foreign country, when this transfer is likely to involve
harm to public security or to the vital interests of
the state.

Art. 41. - Any person acting under the authority of the
controller or that of the processor, who
access to personal data cannot process them
only on the instructions of the controller, except in the case of
fulfillment of a legal obligation.

Art. 45. - By way of derogation from the provisions of article 44
of this law, the controller may
transfer personal data to a State does not
not meeting the conditions provided for in the said article:
1 ° if the person concerned has expressly consented to their
transfer;

Chapter 2
Processing of related personal data
electronic certification and signature

2 ° if the transfer is necessary:
(a) to safeguard the life of that person;

Art. 42. - Except with the express consent of the person
concerned, the personal data collected by
electronic certification service providers for
the needs of the issuance and retention of
certificates linked to electronic signatures must be
directly with the data subject and cannot
be processed only for the purposes for which they were
collected.

b) the preservation of the public interest;
c) compliance with obligations to ensure the
establishment, exercise or defense of legal claims;
d) the performance of a contract between the person responsible for
treatment and the data subject, or measures
pre-contractual agreements taken at the request of the latter;
e) the conclusion or performance of a concluded contract or
to be concluded, in the interest of the data subject, between the
controller and a third party;

Chapter 3
Processing of personal data
in the context of electronic communications

f) the execution of a mutual legal assistance measure
international;

Art. 43. - When the processing of personal data
personnel on electronic communications networks
open to the public, results in destruction, loss,
alteration, disclosure or unauthorized access to these
data, the service provider notifies, without delay,
the national authority and the person concerned when this
violation may infringe his privacy. The notification
a breach of personal data to the interested party
is not, however, necessary if the national authority finds
that appropriate data protection measures have been
been implemented by the supplier.

g) prevention, diagnosis or treatment
medical conditions.
3 ° if the transfer is made pursuant to an agreement
bilateral or multilateral to which Algeria is a party;
4 ° with the authorization of the national authority, if the processing
complies with the provisions of article 2 of the
this law.

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

TITLE VI

19

Art. 52. - The holder of a right under this
law, which claims to be wronged by its infringement, can ask the
competent court any precautionary measures tending
to put an end to this act or to grant compensation.

ADMINISTRATIVE PROVISIONS
AND PENALTIES
Chapter 1

Art. 53. - Algerian courts are competent
to know the offenses provided for by this law,
committed outside the territory of the Republic, by a
Algerian, a foreign person having his domicile in
Algeria or a legal person under Algerian law.

Administrative procedures
Art. 46. ​- Failure to observe the provisions of
this law by the controller, entails the taking
against him, the following administrative measures, by
national authority:

They are also competent to know
offenses provided for by this law, in accordance with
rules of jurisdiction provided for in article 588 of the French
penal procedure.

- the warning,
- the notice,
- temporary withdrawal for a period which cannot exceed
one year, or the final withdrawal of the declaration receipt
or authorization,

Chapter 3
Criminal provisions

- the fine.

Art. 54. - Without prejudice to more serious penalties
provided for by the legislation in force, is punished by
imprisonment of two (2) years to five (5) years and one
fine of 200,000 DA to 500,000 DA, the violation of
provisions of article 2 of this law.

The decisions of the national authority are liable to
appeal to the Council of State, in accordance with the
legislation.
Art. 47. - The national authority imposes a fine of
500,000 DA, against any controller:

Art. 55. - Anyone who processes data
of a personal nature, in violation of the provisions of
Article 7 of this law is punishable by imprisonment
from one (1) year to three (3) years and a fine of 100,000 DA to
300,000 DA.

- who refuses, without legitimate reason, information rights,
access, rectification or opposition provided for in articles
32, 34, 35 and 36 of this law;
- who does not carry out the notification provided for in
articles 4, 14 and 16 of this law.

Anyone who carries out a
processing of personal data despite
In the event of a repeat offense, the penalties provided for in Article 64 of the
the opposition of the data subject, when this processing
this law are applicable.
responds to purposes in particular, of commercial prospecting,
or when this opposition is based on grounds
Art. 48. - Without prejudice to the penal sanctions enacted
legitimate.
by this law and when it appears, following the setting
implementation of the processing object of the declaration or
Art. 56. - Is punished by imprisonment for two (2) years
authorization, that this processing undermines the security
to five (5) years and a fine of 200,000 DA to
national or is contrary to morality and good customs,
500,000 DA, whoever carries out or has carried out
the national authority may, without delay, withdraw the
processing of personal data without respecting the
receipt of the declaration or authorization.
conditions provided for in article 12 of this law.
Is punished with the same penalties, any person having made
false statements or who continued to operate
data processing despite the withdrawal of the receipt from the
declaration or withdrawal of authorization.

Chapter 2
Rules of procedure

Art. 49. - The national authority may proceed to
investigations required by findings in the premises
and places where the treatment took place, with the exception of the premises Art. 57. - Is punished by imprisonment for two (2) years
housing and can, for the exercise of its missions, access
to five (5) years and a fine of 200,000 DA to
to the data processed and to all information and documents
500,000 DA, whoever proceeds, without consent
whatever the medium.
express of the person concerned and except in the cases provided for by the
this law, to the processing of sensitive data.
Professional secrecy cannot be opposed to authority
national.
Art. 50. - In addition to officers and police officers
judicial, are empowered, under the control of the public prosecutor
Republic, to investigate and ascertain
offenses provided for by this law, the other
control to which the national authority makes recourse.

Art. 58. - Is punished by imprisonment for six (6) months
to one (1) year and a fine of 60,000 DA to 100,000 DA
or one of these two penalties only, whoever puts in
processes the data or uses it for
purposes other than those for which they were declared
or authorized.

Art. 51. - Breaches of the provisions of this
law are recorded by minutes. These latter
must be sent without delay to the public prosecutor
Territorial competent republic.

Art. 59. - Is punished by imprisonment of one (1) year to
three (3) years and a fine of 100,000 DA to 300,000 DA,
anyone who collects personal data by a
fraudulent, unfair or unlawful means.

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

Art. 60. - Is punished by imprisonment for two (2) years
to five (5) years and a fine of 200,000 DA to
500,000 DA, anyone who allows access to people not
authorized to personal data.

Art. 67. - Is punished by imprisonment of one (1)
year to five (5) years and a fine of 500,000 DA to
1,000. 000 DA, anyone who transfers data
of a personal nature to a foreign state, in violation of the
provisions of article 44 of this law.

Art. 61. - Is punished by imprisonment for six (6) months
to (2) years and a fine of 60,000 DA to 200,000 DA or
of one of these two penalties only, whoever hinders
the action of the national authority:

Art. 68. - The fact, except in the cases provided for by law, of putting
or keep in computer memory, data to be
personal character concerning offenses,
convictions or security measures, is punished by six (6)
months to three (3) years imprisonment and a fine of
60,000 DA to 300,000 DA.

1 ° by opposing the exercise of on-site verifications;
2 ° by refusing to communicate to its members or to
agents made available, information and documents
useful for the mission entrusted to them by the national authority
or by concealing such documents or information, or
by making them disappear;

Art. 69. - Is punished by imprisonment for one (1) year
at five (5) years and a fine of 100,000 to 500,000 DA,
any controller, processor and any person
which, by virtue of its functions, is responsible for dealing with
personal data and which, even through negligence,
cause or facilitate the abusive or fraudulent use of
data processed or received or communicate them to third parties
not empowered.

3 ° by communicating information that is not
consistent with the content of the recordings at the time the
request has been made or do not present them under
a direct and intelligible form.

Art. 70. - The legal person who commits the offenses
provided for by this law, is punished in accordance with
rules enacted by the penal code.

Art. 62. - Without prejudice to the penal provisions of which
the application would be justified by the nature of the information in
cause, the fact, for a person mentioned in articles 23
and 27 of this law, to reveal protected information
under this law, is punishable by the penalties provided for by
article 301 of the penal code.

Art. 71. - Persons who violate the provisions of
this law may incur additional penalties
provided for by the penal code.
The erasure of all or part of the personal data
personnel subject to the treatment giving rise to
the offense can also be ordered.

Art. 63. - Anyone who accesses, without being authorized, to the
national register provided for in article 28 of this law, is
punished by imprisonment from one (1) year to three (3) years and one
fine of 100,000 DA to 300,000 DA or one of these
two sentences only.

Members and staff of the national authority are
authorized to note the erasure of this data.
Art. 72. - The object of the offense is confiscated with a view to
its reassignment or destruction in accordance with the
legislation.

Art. 64. - Is punished by imprisonment for two (2)
months to two (2) years and a fine of 20,000 DA to
200,000 DA or one of these two penalties only, all
controller who refuses, without legitimate reason,
rights of information, access, rectification or
opposition provided for in Articles 32, 34, 35 and 36 of the
this law.

The costs of reassignment or destruction are the responsibility of
of the condemned.
Art. 73. - The attempt of one of the offenses provided for by the
this law is punishable by the same penalties incurred in the event
of offenses consummated.

Art. 65. - Without prejudice to the more serious penalties provided for
by the legislation in force, any violation, by the
controller, the obligations prescribed to
Articles 38 and 39 of this law, is punishable by a fine
from 200,000 DA to 500,000 DA.

Art. 74. - In the event of a repeat offense, the penalties provided for in
this chapter are doubled.

Anyone who retains
personal data beyond the period provided for by
the legislation in force or that provided for in the
declaration or authorization.

Art. 75. - Under pain of the penalties provided for in article 56
of this law, persons carrying out an activity of
processing of personal data on the date of
promulgation of this law shall comply with
provisions thereof within a maximum period of one (1) year
from the date of installation of the national authority.

Art. 66. - The fact that a service provider does not
not notify a data breach to
personal character to the national authority or to the person concerned,
disregard of the provisions of article 43 of the
this law, is punishable by imprisonment from one (1) year to three
(3) years and a fine of 100,000 DA to 300,000 DA or
one of these two penalties only.

TITLE VII
TRANSITIONAL AND FINAL PROVISIONS

Art. 76. - This law will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, on 25 Ramadhan 1439 corresponding to the 10
June 2018.
Abdelaziz BOUTEFLIKA

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

21

INDIVIDUAL DECISIONS
Presidential decrees of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
the functions of research and synthesis officers
to the services of the Prime Minister.
————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
to the functions of the Secretary General of the Ministry of
industry and mining.
————
By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of Secretary General of the Ministry of Industry and
mines, operated by Mrs. Rabéa Kharfi.
———— * ————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of research and synthesis officer in the services of the
Prime Minister, exercised by Mr. Nassim Sbia, called to
perform another function.
————————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
to the functions of the head of the
development of industrial infrastructure and
logistics and industrial poles at the Ministry of
industry and mining.
————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of research and synthesis officer in the services of the
Prime Minister, exercised by Mr. Fouad Belkessam, called
to perform another function.
———— * ————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of head of the development division of
industrial and logistics infrastructure and poles
industrialists at the Ministry of Industry and Mines, exercised
by Mr. Kheir-Eddine Medjoubi, called to exercise another
function.
———— * ————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
to the duties of the Director General of Customs.
————
By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
duties of Director General of Customs, exercised by
Mr. Kaddour Bentahar.
———— * ————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
to the functions of the secretary general at the former ministry
land use planning, tourism and
craftsmanship.
————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 putting
end of the duties of the energy commissioner
atomic.
————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of secretary general at the former ministry of
regional planning, tourism and crafts,
exercised by Mr. Ahmed Kaci Abdallah, called to exercise a
other function.
———— * ————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, it is terminated, starting
of June 1, 2016, as Energy Commissioner
atomic, exercised by Mr. Mohamed Derdour.
———— * ————

Presidential decrees of 3 Rabie El Aouel 1439
corresponding to 22 November 2017 bearing
appointment of university rectors.
————

Presidential decrees of 3 Rabie El Aouel 1439
corresponding to November 22, 2017 ending
to the functions of rectors of universities.
————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, are appointed rectors
at the following universities, Mme. and M.:

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of rector of the University of Oum El Bouaghi,
exercised by Mr. Ahmed Bouras, called to exercise another
function.
————————

- Farida Hobar, at the University of Oum El Bouaghi;
- Ahmed Bouras at the University of Constantine 3.
————————
By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, are appointed rectors
at the following universities, MM. :

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, the
functions of rector of the University of Constantine 3,
exercised by Mr. Hosni Boukerzaza.

- Berrezoug Belgoumane, at the University of Djelfa;
- Youcef Hamidi, at the University of Médéa.

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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

Presidential decree of 3 Rabie El Aouel 1439
corresponding to 22 November 2017 bearing
appointment of the Secretary General of the Ministry of
post, telecommunications, technology and
digital.
————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to 22 November 2017 bearing
appointment of the secretary general of the
industry and mining.
————
By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, Mr. Kheir-Eddine
Medjoubi is appointed secretary general of the ministry of
industry and mining.
———— * ————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, Mr. Fouad Belkessam
is appointed Secretary General of the Ministry of Post,
telecommunications, technologies and digital.
———— * ————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to 22 November 2017 bearing
appointment of the secretary general of the
tourism and crafts.
————

Presidential decree of 3 Rabie El Aouel 1439
corresponding to 22 November 2017 bearing
appointment of the Secretary General of the Ministry of
youth and sports.
————

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, Mr. Ahmed Kaci
Abdallah is appointed secretary general of the ministry of
tourism and crafts.

By presidential decree of 3 Rabie El Aouel 1439
corresponding to November 22, 2017, Mr. Nassim Sbia is
appointed Secretary General of the Ministry of Youth and
sports.

ORDERS, DECISIONS AND OPINIONS
Considering the executive decree n ° 95-54 of 15 Ramadhan 1415
corresponding to February 15, 1995 fixing the attributions of
Minister of Finances ;

MINISTRY OF FINANCE

Considering the executive decree n ° 14-193 of 5 Ramadhan 1435
corresponding to July 3, 2014 setting the attributions of
director general of the civil service and reform
administrative;

Interministerial decree of 12 Ramadhan 1439
corresponding to May 28, 2018 amending the decree
interministerial office of 2 Ramadhan 1432
corresponding to August 2, 2011 fixing the workforce by
employment, classification and duration of the contract of
agents carrying out maintenance activities,
maintenance or service, as part of the management
general customs.
————

Considering the interministerial decree of 2 Ramadhan 1432
corresponding to August 2, 2011 fixing the workforce per job,
their classification and the duration of the employees' contract
upkeep, maintenance or service activities,
title of the general directorate of customs;

The Prime Minister,

Stop:

The Minister of Finance,
Considering the presidential decree n ° 07-308 of 17 Ramadhan 1428
corresponding to September 29, 2007 setting the terms of
recruitment of contract agents, their rights and
obligations, the components of their remuneration,
the rules relating to their management, as well as the
disciplinary law applicable to them, in particular its
article 8;
Considering the presidential decree n ° 17-243 of 25 Dhou El Kaâda
1438 corresponding to August 17, 2017, amended, bearing
appointment of members of the Government;

Article 1. - The provisions of article 1 of the decree
interministerial office of 2 Ramadhan 1432 corresponding to 2 August
2011, are amended and worded as follows:
"Article 1. - In accordance with the provisions of article
8 of Presidential Decree No. 07-308 of 17 Ramadhan 1428
corresponding to September 29, 2007, above, the present
decree fixes the workforce per job, corresponding to the activities
servicing, maintenance or service, their classification,
as well as the duration of the contract of the agents working under
the General Directorate of Customs, in accordance with the table
below:

Page 23
25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

23

WORKFORCE BY NATURE
OF THE EMPLOYMENT CONTRACT

JOBS

Term contract
indeterminate
(1)

CLASSIFICATION
Term contract
determined
(2)

WORKFORCE
(1 + 2)

on time
full

on time
partial

on time
full

on time
partial

Level 1 professional worker

433

184

3

2

Level 1 service agent

-

-

-

-

-

Guardian

21

-

-

-

21

Level 1 Driver

10

-

-

-

10

Level 2 professional worker

19

-

-

-

19

Level 2 Driver

16

-

-

-

16

Level 2 service agent

-

-

-

-

-

Level 3 Driver

-

-

-

-

-

Level 3 professional worker

13

-

-

-

13

Level 3 service agent

-

-

-

-

-

Level 1 prevention officer

-

-

-

-

-

Category

Index

622

1

200

2

219

3

240

4

263

5

288

Level 4 professional worker

-

-

-

-

-

6

315

Level 2 prevention officer

-

-

-

-

-

7

348

512

184

3

2

Grand total

701
"

Art. 2. - This decree will be published in the Official Journal of the People's Democratic Republic of Algeria.
Done in Algiers, on 12 Ramadhan 1439 corresponding to 28 May 2018.
For the Prime Minister and by delegation

The Minister
finances

The Director General of the Public Service
and administrative reform
Belkacem BOUCHEMAL

Abderrahmane RAOUYA

Page 24
24

25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

MINISTRY OF TOURISM
AND CRAFTS

Decree of 24 Chaâbane 1439 corresponding to May 10
2018 approving plans
tourism development of expansion areas
and tourist sites "Ksob Source Dam
Belaibi ”,“ Bou Saâda ”and“ Maâdid ”in the
wilaya of M'Sila.
————

Art. 2. - In accordance with the provisions of article 13
of the law n ° 03-03 of 16 Dhou El Hidja 1423 corresponding
on February 17, 2003, aforementioned, the development plan
tourist (PAT) is worth a subdivision permit for the parties
constructible.
Art. 3. - This decree will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, 24 Chaâbane 1439 corresponding to May 10
2018.
Abdelkader BEN MESSAOUD.

The Minister of Tourism and Handicrafts,
Considering the law n ° 03-03 of 16 Dhou El Hidja 1423
corresponding to February 17, 2003 relating to zones
expansion and tourist sites;
Considering the decree n ° 88-232 of November 5, 1988, modified,
declaring tourist expansion zones;
Considering the presidential decree n ° 17-243 of 25 Dhou El Kaâda
1438 corresponding to August 17, 2017, amended, bearing
appointment of members of the Government;
Considering the executive decree n ° 07-86 of 21 Safar 1428
corresponding to March 11, 2007, amended, setting the terms
establishment of the tourist development plan for the areas
expansion and tourist sites;

———— * ————
Decree of 8 Ramadhan 1439 corresponding to May 24
2018 approving the development plan
tourist expansion area and tourist site
of "Temacine" wilaya of Ouargla.
————
The Minister of Tourism and Handicrafts,
Considering the law n ° 03-03 of 16 Dhou El Hidja 1423
corresponding to February 17, 2003 relating to zones
expansion and tourist sites;

Considering the decree n ° 88-232 of November 5, 1988, modified,
Considering the executive decree n ° 16-05 of 29 Rabie El Aouel 1437 declaring tourist expansion zones;
corresponding to January 10, 2016, amended, fixing the
powers of the Minister of Tourism and Handicrafts;
Considering the presidential decree n ° 17-243 of 25 Dhou El Kaâda
1438 corresponding to August 17, 2017, amended, bearing
Considering the decree of 20 Rajab 1435 corresponding to 20 May
appointment of members of the Government;
2014 prescribing the establishment of plans
tourism development of expansion areas and sites
tourist sites of the Ksob Source Belaibi dam, Bou Saâda and
Maâdid (wilaya of M'Sila);
Stopped :
Article 1. - In accordance with the provisions of article
18 of executive decree n ° 07-86 of 21 Safar 1428
corresponding to March 11, 2007, referred to above, are approved, as
that annexed to the original of this decree, the plans
tourism development of expansion areas and sites
tourist listed below:

• “Ksob Source Belaibi dam” in the municipality of M'Sila,
Wilaya of M'Sila, with a developable area of ​4.14
hectares on an area of ​10 hectares of the zone
expansion and tourist site;

• “Bou Saâda” commune of Bou Saâda, wilaya of
M'Sila, with a developable area of ​2.90 hectares on
an area of ​45 hectares of the expansion area and site
touristic ;

• “Maâdid” commune of Maâdid, wilaya of M'Sila,
with a developable area of ​9.01 hectares on a
area of ​12 hectares of the expansion area and site
touristic.

Considering the executive decree n ° 07-86 of 21 Safar 1428
corresponding to March 11, 2007, amended, setting the terms
establishment of the tourist development plan for the areas
expansion and tourist sites;
Considering the executive decree n ° 16-05 of 29 Rabie El Aouel 1437
corresponding to January 10, 2016, amended, fixing the
powers of the Minister of Tourism and Handicrafts;
Considering the decree of 29 Dhou El Hidja 1436 corresponding to 13
October 2015 prescribing the establishment of plans
tourism development of expansion areas and sites
tourist attractions of Temacine, Aïn Es Sahara and Merdjadja
(wilaya of Ouargla);
Stopped :
Article 1. - In accordance with the provisions of article
18 of executive decree n ° 07- 86 of 21 Safar 1428
corresponding to March 11, 2007, referred to above, is approved as
that annexed to the original of this decree, the plan
tourist development of the expansion area and site
tourist "Temacine", municipality of Temacine, wilaya of
Ouargla, with a developable area of ​4.04 hectares on
an area of ​14 hectares of the expansion area and site
touristic.

Page 25
25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

Art. 2. - In accordance with the provisions of article 13
of the law n ° 03-03 of 16 Dhou El Hidja 1423 corresponding
on February 17, 2003, aforementioned, the development plan
tourist (PAT) is worth a subdivision permit for the parties
constructible.
Art. 3. - This decree will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, on 8 Ramadhan 1439 corresponding to 24 May
2018.
Abdelkader BENMESSAOUD.
———— * ————
Decree of 8 Ramadhan 1439 corresponding to May 24
2018 approving the development plan
tourist expansion area and tourist site
of "Marsat El Hadjadj" wilaya of Oran.
————
The Minister of Tourism and Handicrafts,
Considering the law n ° 03-03 of 16 Dhou El Hidja 1423
corresponding to February 17, 2003 relating to zones
expansion and tourist sites;
Considering the decree n ° 88-232 of November 5, 1988, modified,
declaring tourist expansion zones;
Considering the presidential decree n ° 17-243 of 25 Dhou El Kaâda
1438 corresponding to August 17, 2017, amended, bearing
appointment of members of the Government;
Considering the executive decree n ° 07-86 of 21 Safar 1428
corresponding to March 11, 2007, amended, setting the terms
establishment of the tourist development plan for the areas
expansion and tourist sites;

25

MINISTER OF THE ENVIRONMENT
AND RENEWABLE ENERGIES
Decree of 24 Chaâbane 1439 corresponding to May 10
2018 establishing the commissions
joint administrative authorities competent with regard to
bodies of officials of the ministry of
environment and renewable energies.
————
The Minister of the Environment and Energy
renewable,
Considering the decree n ° 66-145 of June 2, 1966, modified and
completed, relating to the preparation and publication of certain
regulatory or individual acts concerning the
situation of civil servants;
Considering the decree n ° 84-10 of January 14, 1984 fixing the
competence, composition, organization and
functioning of joint committees;
Considering the decree n ° 84-11 of January 14, 1984 fixing the
procedures for appointing staff representatives to
joint committees;
Considering the presidential decree n ° 17-243 of 25 Dhou El Kaâda
1438 corresponding to August 17, 2017, amended, bearing
appointment of members of the Government;
Considering the executive decree n ° 08-04 of 11 Moharram 1429
corresponding to January 19, 2008, amended and supplemented,
on the special status of civil servants belonging to
bodies common to institutions and administrations
public;

Considering the executive decree n ° 08-05 of 11 Moharram 1429
Considering the executive decree n ° 16-05 of 29 Rabie El Aouel 1437 corresponding to January 19, 2008 bearing special status
corresponding to January 10, 2016, amended, fixing the
professional workers, automobile drivers
powers of the Minister of Tourism and Handicrafts;
and attendees;
Considering the decree of 15 Dhou El Hidja 1435 corresponding to the
October 9, 2014 prescribing the establishment of
tourism development plans for expansion areas and
tourist sites of Aïn Franine and Marsat El Hadjadj
(wilaya of Oran);
Stopped :
Article 1. - In accordance with the provisions of article
18 of executive decree n ° 07-86 of 21 Safar 1428
corresponding to March 11, 2007, referred to above, is approved as
that annexed to the original of this decree, the plan
tourist development of the expansion area and site
tourist "Marsat El Hadjadj", commune of Marsat
El Hadjadj, wilaya of Oran, with a suitable area
of 66.97 hectares on an area of ​410 hectares of the
expansion area and tourist site.
Art. 2. - In accordance with the provisions of article 13
of the law n ° 03-03 of 16 Dhou El Hidja 1423 corresponding
on February 17, 2003, aforementioned, the development plan
tourist (PAT) is worth a subdivision permit for the parties
constructible.
Art. 3. - This decree will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, on 8 Ramadhan 1439 corresponding to 24 May
2018.
Abdelkader BENMESSAOUD.

Considering the executive decree n ° 08-232 of 19 Rajab 1429
corresponding to July 22, 2008 on the special status of
officials belonging to specific bodies of
the administration responsible for the environment and
territory planning ;
Considering the executive decree n ° 09-241 of 29 Rajab 1430
corresponding to July 22, 2009 on the special status of
officials belonging to specific technical bodies
the administration responsible for housing and town planning;
Considering the executive decree n ° 17-364 of 6 Rabie Ethani 1439
corresponding to December 25, 2017 setting the attributions
from the Minister of the Environment and Energy
renewable;
Considering the executive decree n ° 17-365 of 6 Rabie Ethani 1439
corresponding to December 25, 2017 on the organization
of the central administration of the Ministry of the Environment
and renewable energies;
Considering the decree of April 9, 1984 fixing the number of members
joint committees;
Stopped :
Article 1. - The purpose of this decree is to create
joint administrative committees competent to
with regard to the bodies of officials of the Ministry of
environment and renewable energies, and to fix
its members in accordance with the table below:

Page 26
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25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

REPRESENTATIVES
STAFF
COMMISSIONS

Commission 1

BODY OR GRADES

Members
holders

Members
substitutes

REPRESENTATIVES OF
ADMINISTRATION
Members
holders

Members
substitutes

Chief Engineer, Senior Engineer, Engineer
State in environment, laboratory and
maintenance, computer science and statistics.
Chief Divisional Inspector, Inspector
divisional, principal inspector, inspector in
environment.
Chief architect, principal architect, architect.
Chief Analyst, Senior Analyst and Business Analyst
the economy.

3

3

3

3

3

3

3

3

Assistant level 2 engineer in computer science,
statistics and laboratory and maintenance.
Advisor administrator, lead administrator,
administrator analyst, administrator.
Archivist in chief, documentalist
senior archivist, archivist librarian
analyst, archivist, assistant
Senior archivist librarian.
Translator - chief interpreter, translator principal interpreter, translator - interpreter
specialist and translator - interpreter.
Commission 2

Assistant administrator, assistant librarian
archivist, assistant librarian - archivist
principal and agent. technical in
documentation - archive.
Level 1 engineer assistant in computer science,
statistics and laboratory and maintenance.
Principal Administrative Officer and Attaché
administration.
Senior technician, technician, technical assistant
and technical agent in environment,
laboratory and maintenance, in statistics and
computer science.
Senior Administrative Accountant, Accountant
administrative and administrative accounting assistance.
Senior Administrative Officer and Agent
administration.
Senior Executive Secretary, Secretary of
management, secretary and data entry clerk.
Uncategorized professional worker, worker
professional 1 st class, 2 nd class and
of 3 rd category.
Auto Driver 1 st class and
2 nd class.
Principal Appearer and Appearer.

Art. 2. - This decree will be published in the Official Journal of the People's Democratic Republic of Algeria.
Done in Algiers, on 24 Chaâbane 1439 corresponding to 10 May 2018.
Fatma Zohra ZEROUATI.

Page 27
25 Ramadhan 1439
June 10, 2018

OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

27

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 on the composition of the administrative commissions
competent joint bodies with regard to the bodies of civil servants of the Ministry of the Environment and Energy
renewable.
————
By decree of 24 Chaâbane 1439 corresponding to May 10, 2018, the composition of the joint administrative committees
competent with regard to the bodies of officials of the Ministry of the Environment and Renewable Energies, is
fixed, as of February 12, 2018, for a period of three (3) years, in accordance with the table below:
REPRESENTATIVES
STAFF

REPRESENTATIVES OF
ADMINISTRATION

COMMISSIONS

BODY OR GRADES

Members
holders

Members
substitutes

Members
holders

Members
substitutes

Commission 1

Chief Engineer, Senior Engineer, Engineer
State in environment, laboratory and
maintenance, computer science and statistics.

Zohra
If Lakhel

Souad
Boustila

Farouk
Tajer

Sihem
Medani

Imene
Benhefied

Souad
Boukhalfa

Nadia
Chenouf

Hafida
Lameche

Yasmina
Rahmani

Nawel
Hannachi

Alkama
Derradji
Belloum

Mohamed
Hafis

Khedra
Ghiat

Leila
Tahrat

Farouk
Tajer

Sihem
Medani

Hamid
Menguellati

Ibrahim
Bouaroudj

Nadia
Chenouf

Hafida
Lameche

Salem
Nassah

Samira
Makhloufi

Alkama
Derradji
Belloum

Mohamed
Hafis

Chief Divisional Inspector, Inspector
divisional, principal inspector, inspector in
environment.
Chief architect, principal architect, architect.
Chief Analyst, Senior Analyst and Business Analyst
the economy.
Assistant level 2 engineer in computer science,
in statistics and in laboratory and maintenance.
Advisor administrator, lead administrator,
administrator analyst, administrator.
Archivist-in-chief, documentalistsenior archivist, documentalist - archivist
analyst, archivist, assistant
Senior archivist librarian.
Translator - chief interpreter, translator principal interpreter, translator - interpreter
specialist and translator - interpreter.

Commission 2

Assistant administrator, assistant librarian
archivist, assistant librarian-archivist
principal and technical officer in documentation archive.
Level 1 engineer assistant in computer science,
in statistics and in laboratory and maintenance.
Principal Administrative Officer and Attaché
administration.
Senior technician, technician, technical assistant
and technical agent in environment,
laboratory and maintenance, in statistics and
computer science.
Senior Administrative Accountant, Accountant
administrative and administrative accounting assistance.
Senior Administrative Officer and Agent
administration.
Senior Executive Secretary, Secretary of
management, secretary and data entry clerk.
Uncategorized professional worker, worker
professional 1 st class, 2 nd class and
of 3 rd category.
1st category car driver and
2 nd class.
Principal Appearer and Appearer.

Page 28
28

25 Ramadhan 1439
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OFFICIAL JOURNAL OF THE ALGERIAN REPUBLIC N ° 34

Decree of 24 Chaâbane 1439 corresponding to May 10, 2018 setting the composition of the appeals committee
competent with regard to the bodies of civil servants of the Ministry of the Environment and Renewable Energies.
————
By decree of 24 Chaâbane 1439 corresponding to May 10, 2018, the competent appeals committee with regard to
officials from the Ministry of the Environment and Renewable Energies, is made up, as of February 12,
2018, for a period of three (3) years, in accordance with the table below:

ADMINISTRATION REPRESENTATIVES

STAFF REPRESENTATIVES

Kamel Eddine Belatreche

Zohra Si Lakhal

Farouk Tadjer

Imene Benhefied

Nadia Chenouf

Yasmina Rahmani

Alkama Derradji Belloum

Souad Boustila

Sihem medani

Khedra Ghiat

Hafida Lameche

Hamid Menguellati

Mohamed hafis

Salem nassah

Official Printing Office - Les Vergers, Bir-Mourad Raïs, BP 376 - ALGER-GARE

