Decree No.12/035 of 02 October 2012 establishing, organizing and operating the Permanent Bureau of Investigators and Aviation Incidents, "BPEA", shortened.

The Prime Minister,

In view of the Constitution, as amended by Act No. 11/002 of 20 January 2011 revising certain articles of the Constitution of the Democratic Republic of the Congo of 18 February 2006, specifically in its article

92;

Considering the Convention on International Civil Aviation, signed in Chicago on 07 December 1944, especially in its annex 13;

In light of Act No. 10/014 of 31 December 2010 on civil aviation, especially in its section 162;

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

Having regard to Order No. 12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Deputy Ministers;

Having regard to Order No. 12/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between the members of the Government;

Having regard to Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries;

Having regard to Decree No. 011/29 of 10 June 2011 on the Statutes of a public institution known as the "Aviation Civile de la République Démocratique du Congo" in the acronym "AAC/RDC";

Considering the need to implement the recommendations from the security oversight audit conducted by the International Civil Aviation Organization from 18 to 26 September 2006;

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

The Council of Ministers heard;

DECRETE: Article 1:

It is created a Permanent Bureau of Aviation and Aviation Incidents Investigations with the Minister with civil aviation in his duties, in a "BPEA" eagle, later referred to as "Office".

Article 2:

Without prejudice to the provisions of the specific legal and regulatory texts, the Bureau is governed by this Decree, as well as the technical regulations and procedures of application, enacted by the Civil Aviation Authority.

Article 3:

The Office is mandated to:

- Conduct investigations into any accidents or aviation incidents occurring in the national territory or in the Congolese airspace;

- Participate in the investigation of any accident or

incident in foreign territory to a Congolese aircraft;

- Implement the Government's policy on investigations into aviation accidents and incidents;

- Present an aviation accident and incident investigation analysis program;

- Propose to the Government a national programme for the Management of Aviation Accidents and Incidents Investigations;

- To draw all the lessons learned from the investigation and make relevant recommendations, in order to prevent the occurrence of accidents and/or aviation incidents.

Article 4:

The Office consists of a maximum of 15 aviation experts, trained and specialized in aviation accident and incident investigations.

Article 5:

The Bureau includes a Vice-President, a Secretary, a Rapporteur and a Deputy Rapporteur.

Article 6:

An internal regulation, approved by the Minister with civil aviation in his or her functions, sets out the organization and operation of the Bureau.

Article 7:

The Office's heritage consists of:

- movable and immovable property made available by the State in accordance with the legislation in force; equipment, equipment and other property acquired as part of the execution of his mission;

- clean acquisitions and real estates deemed necessary for its operation, as well as subsequent contributions that the State or internal and external partners may make available to it.

Article 8:

Without prejudice to the legal provisions in force, the Office ' s resources include:

1. a budgetary allocation, determined by Order of the Minister with civil aviation in his powers;

2. a quotity of security royalty;

3. donations and bequests.

Article 9:

Any earlier provisions contrary to this Order are repealed.

Article 10:

The Minister of Transport and Communication Paths is responsible for the execution of this Order which comes into force on the date of its signature.

Done in Kinshasa, 02 October 2012

MATATA PONYO MAPON

Me Justin Kalumba Mwana-Ngongo

Minister of Transport and Communication Paths