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Decree No. 12/037 of 02 October 2012 setting standards for design, construction and conditions for technical operation and maintenance of airfields open to public air traffic

The Prime Minister.

In view of the Constitution, as amended by Act No. 11/002 of 20 January 2011 amending certain articles of the Constitution of 18 February 2006, specifically article 92:

Considering the Convention on International Civil Aviation, signed in Chicago on 07 December 1944, especially in its article 28 and its annex 14;

In light of Act No. 10/014 of 31 December 2010 on civil aviation, especially in sections 59, 60. 61, 62, 70, 71, 72, 73. 77 and 79;

Having regard to Order No.12/003 of 18 April 2012 appointing a Prime Minister, Head of Government:

Having regard to Order No.2/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Vice-Ministers;

Having regard to Order No. 22/007 of 11 June 2012 on the organization and operation of the Government, practical modalities of collaboration between the President of the Republic ct the Government and between the members of the Government:

Seen 1'Order No.12/008 of 11 June 2012 establishing the responsibilities of departments;

In view of Decree No. 011/29 of 10 June 2011 on the statutes of a public institution called the " Autorité de l'Aviation Civile de la République Démocratique du Congo" (AAC/RDC):

Considering the need for the implementation of the recommendations from 1 ICAO audit of the National Civil Aviation Security System of the Democratic Republic of the Congo, conducted from 18 to 26 September 2006;

On the proposal of the Minister of Transport and Communication Paths:

The Council of Ministers heard:

DECRETE:

Chapter 1: General provisions

Article 1:

This Order sets out the standards of design, construction and the conditions of technical operation and maintenance of aerodromes open to public air traffic.

The provisions of this Order do not apply to aerodromes not open to public air traffic.

Article 2:

For the purpose of this decree, the following means:

1) aerodrome: land or water surface (possibly including buildings, installations and equipment), intended to be used, in whole or in part, for the arrival, departure and evolution of aircraft on the surface:

(2) certified aerodrome: aerodrome whose operator has received an aerodrome certificate:

3) aerodrome open to public air traffic: aerodrome open to 1 aircraft with appropriate technical characteristics:

4) aerodrome airport equipped with air transportation facilities to facilitate the arrival and departure of aircraft, to assist air navigation, to ensure 1' boarding, disembarkation and delivery of passengers, goods and postal mail transported by air:

(5) International airport: any airport designated by the State as an airport for the entry and exit of the national territory for international air traffic ct where customs, control of persons, public health, veterinary and phytosanitary control and other similar procedures are completed;

(6) Landing area: part of a movement area for aircraft landing and take-off.

7) half-turn area on track: area defined on a ground aerodrome, adjacent to a runway to allow aircraft to make a 180° turn on the runway:

8) manoeuvring area: part of an aerodrome where to use for take-offs, landings and the movement of aircraft on the surface excluding traffic areas.

9) movement area: part of an aerodrome to be used for the take-off, landing and movement of the aircraft on the surface, which includes the manoeuvring area and traffic areas;

l0) traffic area: area defined on a terrestrial aerodrome intended for aircraft during boarding or landing of passengers. the loading or unloading of the position or cargo, fuelling or recovery, parking or maintenance:

11) Runway end safety area: symmetrical area in relation to the extension of the ct track axis adjacent to the band’s existence, which is intended primarily to reduce the risk of material damage if an aircraft would land too short or exceed the end of the runway:

12) Authority airport authority charged with 1 'administration of a surface serving the point of arrival, departure and manoeuvres of aircraft.

An airport is headed by an airport commander and an aerodrome by an airfield leader;

(13) tag: object placed above ground level to indicate an obstacle or limit;

14) Runway strip: defined area, in which the runway is included as well as the stop extension if such extension is fitted, and which is intended to:

i. to reduce the risk of material damage in the event that an aircraft is out of the runway;

ii. ensure the protection of aircraft flying over this area during take-off or landing operations.

(15) Traffic lane: an area in which a traffic lane is included to protect aircraft flowing on that lane ct to reduce the risk of material damage to an aircraft that would accidentally come out of it:

16) aerodrome certificate: certificate issued by the competent authority under the applicable aerodrome operating regulations;

17) aeronautical fire on the surface: fire, other than a on-board lamp, specially intended as an aid to air navigation;

18) fixed lamp: lamp whose luminous intensity remains constant when it is observed from a fixed point:

19) Landing direction indicator: device visually indicating direction ct the direction designated for landing and take-off:

20) mark: symbol or group of symbols highlighted on the surface of the movement area to provide aeronautical information:

21) pavement classification number: number which expresses the bearing force of a pavement for unrestricted operation;

22) aeronautical light: aeronautical light on the surface visible continuously or intermittently in all azimuts in order to designate a particular point on the surface of the earth:

23) , aerodrome headlight: aerodrome headlight used to indicate the location of an aerodrome to the aircraft in flight;

24) Identification light: aeronautical light with an indication to recognize a determinity reference point:

25) runway: rectangular area defined on a ground aerodrome, designed to serve aircraft take-off and landing;

26) Instrument track: Aircraft runway that use instrument approach procedures. It can be:

I. A track with a classic approach. Track with instruments served by visual aids and non-visual aid ensuring at least one guidance in the direction, satisfactory for a straight-line approach.

II. A track with precision approach, category I: instrument track serviced either by an ILS or a MLS both and visual aids, intended for the approach with a decision height of at least 60 m (200 ft), with a visibility of at least 550 m.

III. A track with precision approach. Category II: instrument track serviced either by an ILS or a MLS either, up to the surface of the runway at least equal to that surface and:

a. Designed to the approach with a decision height less than 30 m (100 ft), or without decision height, and a visual range of runway at least equal to I 75 m.

b. Designed at the approach with a decision height of less than 15 m (50 ft), or without decision height, and a visual range of runway not less than 175 m but not less than 50 m.

27) runway with precision approach: see the instrument track above.

28) traffic waiting platform: defined area where aircraft may be placed on hold or exceeded to facilitate traffic on the surface;

29) airport emergency plan: document defining the means ct measures that can deal with emergencies that may occur at an airport or in its vicinity;

30) aircraft parking position: designated location on a traffic area to be used for the parking of an aircraft:

31) clear extension: defined rectangular area, on the ground or on the water, under the control of 1 'competent authority and selected or fitted to form a suitable area above which an aircraft may perform part of the initial climb up to a specified height:

32) National Security Program: integrated set of regulations and activities to improve safety:

(33) security management system: a systemic approach to security management at an airport or at an aerodrome that includes the necessary organizational structures, political responsibilities and procedures;

34) regulated access safety zone: areas on the runway side of an airport, identified as particularly sensitive areas where, in addition to access control. other safety controls are carried out:

35) traffic lane: defined track, on a ground aerodrome, fitted for the surface traffic of aircraft and intended for the connection between two parts of the aerodrome, including:

i. Aircraft parking station access route: part of a traffic area designated as a traffic route and intended to allow access to an aircraft parking position.

ii. traffic lane: part of a network of traffic lanes that is located on a traffic area and intended to materialize a route to cross this area.

iii. Quick exit path: traffic lane connected to a runway at an acute angle and designed to allow an aircraft that lands to clear the runway at a higher speed than that allowed by the other exit lanes, thereby minimizing the occupancy of the party.

36) service path: surface road fitted to the movement area and intended for the exclusive use of vehicles;

37) Wheel touch area: part of the runway, located beyond the threshold where it is expected that the aircraft landing will come into contact with the runway.

Chapter 2: Standards for the design and construction of aerodrome open to public air traffic

Section 1: Nonnes of aerodrome design

Article 3:

Any project to construct or modernize an aerodrome open to public air traffic shall be subject to the prior development of a master plan for infrastructure development in accordance with the provisions of this decree and the technical regulations for enforcement procedures, as enacted by the Civil Aviation Authority.

It is also the subject of a preliminary environmental and social impact assessment conducted in accordance with the environmental protection legislation and taking into account the nonnes of the Organization of 1’Aviation Civile Internationale.

Article 4:

The plan for the construction and modernization of an aerodrome takes into account the diversity of environmental impacts associated not only with their operation but also with the additional infrastructure to facilitate their development and growth.

In particular, it provides for the realization of wastewater treatment plants and measures to combat the pollution of rivers that may be located inside or outside the airport area.

Article 5:

The design and construction of new airport facilities as well as any modification of existing facilities take into account the elements of architecture or infrastructure that are necessary for the optimal application of the ct safety measures of civil aviation.

Article 6:

The construction of any aerodrome open to public air traffic is subject to authorization from the Minister with civil aviation in his powers, after technical advice from 1 'Civil Aviation Authority.

This authorization is subject to legal, technical ct financial guarantees determined by Order of the Minister with civil aviation in his powers.

Any modifications to the constructions are subject to the conditions defined in paragraph 1^er.

Section 2: Aerodrome Construction Standards

Article 7:

Any aerodrome open to public air traffic has a reference code that defines the characteristics of the aerodrome, the installations adapted to the aerodromes that will be called to 1 'use as well as the specifications of runway length or road resistance.

This code selected for aerodrome planning purposes is determined in accordance with the characteristics of the aircraft to which a facility is intended. It consists of two essential elements related to the performance characteristics and aircraft dimensions.

Article 8:

Any open air traffic aerodrome includes dimensional characteristics and other related information, the following data shall be measured or described:

1) the track;

(2) the band

3) traffic routes:

4) traffic areas:

(5) the limits of the area under the air traffic control service:

(6) the extension cleared:

7) visual aids for approach procedures, marks and runway lights. traffic lanes and traffic areas, other visual guidance and control aids on traffic lanes ct on traffic lanes, including traffic waiting points and stop bars as well as the usual guide system for 1' accosting:

8) 1' location and radio frequency of any VOR aerodrome verification point:

9) the location and identification of unstandardized ground traffic routes.

Article 9:

The runway of an airfield open to air traffic must be capable of supporting the movement of the aircraft to which it is intended.

The surface of a runway is constructed hard to provide good friction features when this track is wet.

It is built without irregularities that would have the effect of reducing friction or harming characteristics. in any other way, at the take-off or landing of an aircraft.

The friction characteristics of the surfaces of the new runways are defined by decree of the Minister having civil aviation in his duties on the proposal of the Civil Aviation Authority.

Article 10:

The aerodrome reference point shall be determined for an aerodrome when an outer surface is established.

For each aerodrome, the reference temperature shall be determined in degree Celsius.

The altitude of an aerodrome is measured and indicated.

For any instrument track, 1' altitude of each threshold and any significant intermediate, high and low point. along the runway shall be measured and indicated.

Article 11:

The following distances are calculated for a track whose code number is 3 or 4 ct for an instrument track when the number is 1 or 2:

1) rolling distance for take-off:

2) distance usable at takeoff;

3) distance usable for acceleration-stop; and

4) usable landing distance.

Article 12:

The plan for the construction of an aerodrome provides for the development of traffic lanes to ensure the safety and speed of aircraft movements on the surface.

It also provides:

1 ) the traffic areas necessary for the boarding and disembarking operations of passengers, goods and the post as well as for small maintenance operations that do not interfere with the airfield traffic:

2) the development of one or more traffic waiting platforms to cope with traffic density.

Article 13:

The runway of an aerodrome open to public air traffic is equipped with sufficient input and exit routes to accelerate the movement of aircraft to the ct destination from this runway.

The resistance of a traffic lane must be at least equal to that of the track it is called to serve.

Article 14:

One or more front-track waiting points must be arranged on the track at the intersection of a traffic lane and a runway at the intersection of a runway with another track when the first is part of a normal traffic route on the surface.

Article 15:

Any aerodrome that is open to public air traffic is equipped with traffic areas necessary for the boarding and disembarking operations of passengers, goods and mail as well as for small maintenance operations that do not interfere with the airfield traffic.

Article 16:

Any airfield open to public air traffic has electrical systems to ensure the safety of the operation of air navigation facilities and services.

On aerodromes equipped with a runway beacon, but with no auxiliary power source, the airfield operator provides emergency light beacon designed to mark obstacles or to delineate traffic lanes and movement areas.

Article 17:

Any airfield open to public air traffic has visual aids to navigation and visual aids to report obstacles to navigation and restricted areas.

It is also equipped with a ct approach light on the track.

A Minister's order with civil aviation in his duties determines, after technical advice of 1 'Civil Aviation Authority, the technical specifications of the visual aids, the approach light and guidance device on the runway.

Article 18:

The technical specifications and modalities for the implementation of sections 8 to 18 of this Order are defined by order of the Minister with civil aviation in his or her powers, on the proposal of the Civil Aviation Authority.

Article 19:

All airfields open to public air traffic are equipped with rescue and fire-fighting services and equipment.

Section 3: Certification of aerodromes

Article 20:

Any airfield open to international air traffic is certified by the Authority of 1 'A via ti on Civile according to the criteria defined by decree of the Minister having 1 'civil aviation in his powers.

Article 21

Any operator of a certified aerodrome shall establish a safety management system.

It develops and implements an aerodrome manual.

The content and terms of approval of the safety management system and the aerodrome manual are fixed by order of the Minister before 1 'civil aviation in his duties.

Chapter 3: Operating conditions for aerodrome maintenance ct open to public air traffic

Article 22:

Airfields for public air traffic are constructed ct operated either by the State or by the private according to the laws in force ct to the provisions of this decree.

Article 23:

The operation of any airfield open to public air traffic is subject to the authorization of the Minister with civil aviation in his or her powers, after technical advice from the Civil Aviation Authority.

This authorization is subject to legal, technical ct financial guarantees determined by Order of the Minister with civil aviation in his powers.

Article 24:

Construction and operating authorities specify the technical conditions of equipment and the use of the aerodrome.

Article 25:

The operating authorization is valid for a renewable year.

The renewal conditions are identical to those of the grant.

Article 26:

The operator of an open air traffic aerodrome implements and maintains an airport safety program.

It also develops and implements an airport emergency plan.

Article 27:

All airfields open to public air traffic are equipped with ground assistance services under the conditions set by order of the Minister with civil aviation in his duties.

Article 28:

Where the conditions that have prevailed are no longer complied with, operating authorizations are either restricted, suspended or withdrawn.

Operating authorizations are restricted if:

- incompatibility of use with another airfield open to public air traffic or reserved for the use of state administration:

- failure of devices to contribute to aerodrome safety:

- misuse:

- violation of the contents of the aerodrome manual.

Operating authorizations are suspended whenever the aerodrome no longer meets the technical and legal conditions that prevailed at the issuance of the aerodrome.

Operating authorities are withdrawn:

- If the aerodrome certificate is withdrawn;

- If the aerodrome has ceased to be used by aircraft for more than two years or has proved to be dangerous for air traffic:

- Offences to laws ct public regulations including violation of customs legislation ct infringement of State security.

Article 29:

The Civil Aviation Authority shall ensure that the aerodrome operator complies with the aerodrome operating manual containing all relevant information on the site, facilities, services, equipment and operating procedures.

Chapter 4: Maintenance of aerodromes open to public air traffic

Article 30:

Every airport operator develops and implements a maintenance program to maintain the runway and facilities in a state that does not adversely affect the safety, regularity and effectiveness of air navigation.

Article 31:

Maintenance of any aerodrome is carried out in accordance with the maintenance program defined in the aerodrome maintenance manual.

Article 32:

The Authority of 1' Civil Aviation prescribes instructions in the interest of safety ct of 1 'public order in accordance with the rules of air traffic.

Chapter 5: Final provisions

Article 33:

Any earlier provisions contrary to this Order are repealed.

Article 34:

The Minister of Transport ct Communication Paths is responsible for 1 'excution of the prescnt

Order that comes into force on the date of its signature.

Done in Kinshasa. on 02 October 2012