Through a set of laws and regulations the Ministry plays a regulatory role in the adaptation of regulation to the operating conditions of the market economy and the preservation of the general interest as defined in the executive decree 96-214 of 28 Moharram 1417 corresponding to june 15th 1996 setting forth the Minister of Energy and Mining functions.
ARTICLE 1
Within the general policy of the government the Minister of Energy and Mining is responsible for the establishment of policies and strategies for research, production and development of hydrocarbon, mining and energy resources as well as industries related thereto. He controls and supervises the enforcement of the foregoing in compliance with laws and regulations and reports on the outcome of his activity to the head of the Government, the Cabinet Council and the Council of Ministers according to the fixed forms, modalities and timing.
ARTICLE 2
The Minister of Energy and Mining exercises his functions in accordance with the laws and regulations in force in the following spheres of activity :
prospection, research, production, processing, transformation, storage, transport and marketing of liquid and gaseous hydrocarbons and their by-products;
geologic and mining research, extraction, processing and development of mining resources of any and all nature;
production, transport, marketing and distribution of electric energy of any origin;
transport, storage, marketing and distribution of fuel of any kind, of natural gas and LPGs for industrial or domestic utilization.
ARTICLE 3
Within the framework of the laws and regulations and in particular the laws concerning specific activities and the objectives set by the Government, the Minister of Energy and mining shall have as its task essentially to establish, to propose and to see to the carrying out, in connection with the relevant authorities and organizations, of the following :
The measures of regulation of any kind in order to foster and promote the whole sector activities and the steps for national integration.
The policies and strategies for the valorization of natural resources and activities engaged in the sector.
The laws and regulations relating to the terms and conditions of intervention for research, prospection, production and extraction of ores and hydrocarbons ;
The laws and regulations relating to the terms and conditions of intervention for production, transport, storage and distribution of energy products;
The standards for the activities of the sector and the quality control of products and services;
The laws and regulations relating to the protection and preservation of mining domains and hydrocarbons, the national industrial estate and the environment related to such activities;
The laws and regulations relating to the storage and utilization of explosives, the standardization, the checking and control of gas and vapor pressure apparatus;
The measures for co-ordinating intra and inter - sectoral activities;
The sections for bilateral, regional, multilateral co-operation as well as relations with specialized organizations;
The measures and action relating to the sector, medium and long term strategy, the information systems and procedures for the supervision and control of the sector activities;
The measures and action relating to the restructuring, redeployment and rehabilitation of the sector activities as well as all legislative and regulatory measures ruling the activities covered by his sphere of powers.
ARTICLE 4
With respect to valorization of natural resources, the Minister of Energy and Mining :
Shall initiate and carry out any study concerning the trends, preservation of national mining and hydrocarbon reserves as well as the mobilization thereof and any study concerning the industrial techniques, technologies, channels or branches related thereto;
Shall contribute and participate to the studies relating to the country planning, the protection of the environment, the economic integration and the national, regional and international industrial complementarities;
Shall participate to the studies within the scope of the national planning process and propose the necessary elements for establishing the strategies for the development of natural resources and industrial branches;
Shall work out, propose and supervise the implementing of policies and strategies for the development of the activities involved in the sector.
Shall participate to the operation of control and assesment of results of activities within the framework of national development policy;
Shall participate to the survey and definition of measures for economic regulation intended to:
Orientate and further foreign trade in order to promote exports;
assess the impact of the fixed regulation measures and propose the necessary adjustments;
in co-operation with the concerned economic operators, define terms and conditions for distributing the means required for taking charge of subjection imposed by the State under action for public service or set strategic objectives.
ARTICLE 5
Concerning standardization and control operations related to its field, the Minister of Energy and Mining shall:
Initiate, propose and set up the institutional and legal instruments designed to promote the standardization activities and co-ordinate the enforcement thereof;
Formulate and propose the rules for the technical standardization of activities as well as the quality standards;
Enact the rules for industrial safety and technical control of plants, equipment and machinery within the scope of this responsabilities and insure that such rules are applied;
Ensure the administrative and technical supervision of mining and quarries as well as the control of activities in mining research and exploitation, the security and health of employees working therein;
Foster any and all measures to improve the quality of products;
See to the development and organization of activities covering checking and control operations.
ARTICLE 6
In the field of hydrocarbons and mining development, the Ministry of Energy and Mining:
watches to the organization and administration of hydrocarbons and mining fields in order to insure a better co-ordination of the research, prospection and development operators and settles the production and extraction levels in compliance with the regulations in force and the programs set by the Government;
agrees with the hydrocarbons and mining valorization programs, and controls their implementation, according with the legislation and objectives set by the government
ARTICLE 7
In the field of energy, the Ministry of Energy and Mining:
defines and co-ordinate the production, marketing, transportation, storage and distribution of power energy and petroleum and gaseous products;
defines and watches to the implementation of the foreign marketing policy of the liquid and gaseous hydrocarbons and their by-products, in accordance with the objectives set by the Government;
initiates in this scope, both for the internal and external markets, in connection with the authorities and the relevant departments, the legislative and regulatory measures regarding particularly the hydrocarbons related taxation and prices;
initiates, promotes and organizes development and rationalization actions for the energy use and watches to their consistency;
initiates and achieves any prospective survey as well as those relative to techniques, technologies and new industrial sector;
initiates, promotes and organizes actions with regard to the development of new and renewable energies.
ARTICLE 8
Concerning the mining, energetic hydrocarbons and industrial activities promotion, the Minister of Energy and Mining:
elaborates and insures the setting of the organisational instruments necessary to the actual running of missions he is entrusted with;
supports and promotes any actions and programs aiming at the reinforcement of the control of research technologies and engineering activities;
initiates and supports the national integration programs;
proposes, supports and promote in his operating range the measures and programs intended for the extension and development of the national production, the national and foreign partnership, entrepreneurship, competitiveness on the local and international market and the development of a competitive market;
incites and encourages the promotion of trade and the scientific, technical and Professional co-operation between operators, the teaching and training institutions at the national and international level, as well as applied research;
promotes and fosters the setting-up of institutional and legal instruments aiming at the development of concertation between social partners in the sector; participates in the activities of the local and international bodies having authority in the field of mining, energy, hydrocarbons and their by-product.
ARTICLE 9
The Minister of Energy and Mining:
takes part in the periodic evaluation of activities under his authority;
provides all control and executions relating to the activities and the public institutions under his authority;
elaborates the objectives, strategies, organisation, and defines the means of these evaluation and control measures in conformity with the national evaluation and control systems;
initiates, proposes and participates in the implementation of the information system concerning activities within his scope, elaborates the objectives thereof, their organisation and determines the means in accordance with the national information system.
ARTICLE 10
The Minister of Energy and Mining:
participates and assists competent authorities in the international bilateral and multilateral negotiations linked with the activities within his field of competences;
ensures together with the entitled authorities, the attendance to the international institutions concerned with issues related to his scope activity;
executes any other mission of international relation type he has been entrusted with by the entitled authority;
watches to the enforcement of international agreements and conventions and ensures the fulfilment, as regards his ministry, of obligations contracted by Algeria.
ARTICLE 11
The ministry of Energy and Mining is responsible for the smooth operation of and ensures the control of central and decentralised structures as well as the public institutions within his authority.
ARTICLE 12
The Ministry of Energy and Mining:
contributes to the promotion, organisation, and development of human resources considered as necessary for the activities of the sector, and initiates, proposes and takes part in the implementation of actions taken by the State in this regard, more particularly concerning the training, retraining and staff development;
participates in the elaboration of Statutory rules applicable to the civil servants in the sector;
assess the requirements in human, material and financial means of the ministry and takes all appropriate measures to satisfy them according to the laws and regulations in force.
ARTICLE 13
Are abrogated the provisions contrary to the present decree, more especially the executive decree n°94-271 of Aoual Rabie Ethani 1415 corresponding to September 7th 1994, above-mentioned.
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Algeria \ Government \ Council of Ministers \ Ministry of Energy and Mining
