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New specifications for the automotive business - November 17, 2022

As required by the President of the Republic Abdelmadjid Tebboune last Sunday during the meeting of the Council of Ministers, the specifications relating to the activity of car dealers in Algeria were published this Thursday, November 17.


The texts


Article 4 prohibits multi-brand dealerships and specifies that "the exercise of the activity of dealership of new vehicles is subject to the conclusion of a dealership contract binding the dealership to a single licensor manufacturer".


The exercise of the activity of dealership of new vehicles is subject to the conclusion of a dealership contract binding the dealership to a single licensor manufacturer.

Only those equipped with a petrol, electric, hydrogen, hybrid engine: petrol/electric, petrol/hydrogen, or LPG/CNG or be predisposed, and whose gas emissions comply with the legislation and regulations in force.

Therefore: no import authorization for diesel vehicles in the category of passenger vehicles.

The authorized dealer must, at the end of the first year of obtaining the approval, establish itself at the level of twenty-eight (28) wilayas, at least.


The authorized dealer is required to ensure, periodically, the continuous training and the improvement of its personnel and those belonging to its distribution network.


A training plan provided by the conceding manufacturer must be specified in the concession contract.


As part of its distribution network, the approved dealer is required to have its own infrastructure and/or use approved agents, so as to ensure proximity to its customers and honor its commitments to them.


The authorized dealer must have a sufficient stock of original spare parts and accessories or of quality approved by the conceding manufacturer to cover the terms of the warranty and after-sales service of the vehicles.


The importation of new vehicles must be carried out in accordance with the provisions of article 52 of law n° 13-08 of December 30, 2013 on the finance law for 2014, as amended.


The conformity control of imported vehicles is carried out at the level of the port infrastructures, temporary depots or bonded warehouses, before the customs clearance operation within the framework of the release for consumption, in accordance with the regulatory provisions governing the conformity control of vehicles. .


The authorized dealer is required to obtain supplies from the conceding manufacturer or one of its affiliated entities and undertakes to import only the makes and models of vehicles for which it is approved.


The invoicing of new imported vehicles must be carried out by the licensing manufacturer or by one of its affiliated entities.


Any payment for the acquisition of a vehicle must be made by means of cashless payment through banking and financial circuits, in accordance with the legislation and regulations in force.


Concerning the conditions of access for the exercise of the activity of dealer, article 4 stipulates that the exercise of the activity of dealer of new vehicles is subject to the conclusion of a dealership contract binding the dealer to a single licensor manufacturer.


The exercise of this activity is subject to compliance with the provisions of this decree and to the subscription to the specifications, attached in the appendix.


The applicant investor is subject to obtaining a prior authorization allowing him to carry out the steps for the realization of his investment.


Prior authorization does not constitute authorization to actually exercise the activity.


Obtaining prior authorization is subject to the provision of a file including:

— the request to obtain prior authorisation;

— the specifications appended to this decree

comprising the commitment form, dated, signed and initialed by the applicant investor and marked "read and approved";

— a copy of the company's articles of association showing the concessionaire activity code;

— a declaration of probity drawn up by the manager

natural person in accordance with the model appended to this decree;

— an exclusive concession contract or memorandum of understanding drawn up between the manufacturer granting the concession and the applicant for the exercise of the activity of concessionaire of new vehicles, for a minimum period of five (5) years.


The file is deposited with the technical secretariat of the committee against the issuance of a deposit receipt.


The period of validity of the prior authorization is set at twelve (12) months.


The prior authorization is issued by the Minister responsible for industry within a period not exceeding thirty (30) days following the date of issue of the deposit receipt after the opinion of the committee mentioned in article 15 of this decree. .


Any unfavorable opinion must be justified and notified to the applicant by the technical secretariat of the committee within a period not exceeding thirty (30) days following the date of issue of the deposit receipt.


The Appeals Committee must respond within thirty (30) days following receipt of the appeal formulated by the applicant.


The effective exercise of the activity of new vehicle dealership is conditional on obtaining approval for the exercise of this activity.


The functioning of the joint committee is determined by decision of the minister responsible for industry. Approval issued by the minister responsible for industry, valid for a renewable period of five (5) years




Annexes



Cahier des charges 2023
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