Decree N ° 12/035 02 October 2012 On The Creation, Organization And Functioning Of The Permanent Bureau D ' Enquêtes And Accidents And Incidents Of Aviation, "bpea", For Short.

Original Language Title: Décret n°12/035 du 02 octobre 2012 portant création, organisation et fonctionnement du Bureau Permanent d'Enquêtes et d'Accidents et Incidents d'Aviation, "BPEA", en abrégé.

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Decree n ° 12/035 02 October 2012 on the creation, organization and functioning of the Permanent Bureau d ' enquêtes and Accidents and Incidents of Aviation, "BPEA", for short.
The Prime Minister, pursuant to the Constitution, as amended by law n ° 11/002 of January 20, 2011 revision of certain articles of the Constitution of the Democratic Republic of the Congo from 18 February 2006, specifically in article 92;
Having regard to the Convention on Civil Aviation, signed at Chicago on December 07, 1944, especially in its international annex 13.
Pursuant to law No. 10/014 of 31 December 2010 on civil aviation, especially in article 162 thereof;
Having regard to the order No. 12/003 April 18, 2012, appointing a Prime Minister, head of Government;
Having regard to the order No. 12/004 of April 28, 2012, appointing Deputy Prime Ministers, Ministers, a Minister delegate and Vice - Ministers;
Given order No. 12/007 of June 11, 2012, on the Organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government;
Seen the No. 12/008 of June 11, 2012 order determining the functions of departments;
Considering Decree No. 011/29 of June 10, 2011 for articles of Association of a public institution called "The Democratic Republic of Congo Civil Aviation Authority" acronym "AAC/DRC"
Whereas it is necessary to implement the recommendations of the safety supervision audit by the Organization of International Civil Aviation from 18 to September 26, 2006;
On the proposal of the Minister of transport and pathways of Communication;
The Council of Ministers heard;
ORDAINED: Section 1: it is created a Permanent of accident investigations Bureau and Incidents of aviation to the Minister having civil aviation in its attributions, in abbreviation "BPEA», hereinafter referred to as 'Office '.
Article 2: Without prejudice to the provisions of the legal texts and regulations individuals, the Office is governed by this Decree and regulations techniques and procedures, as enacted by the Civil Aviation Authority.
Article 3: The Office has for missions of:-investigate any accident or air incident in the national territory or in Congolese airspace;
-Participate in the investigation of any accident or incident occurred in the foreign aircraft Congolese territory;
-Run the Government investigations on accidents and incidents of aviation policy;
-Present a program of aviation incidents and accidents investigation analyses;
-Propose to the Government a national program of management of investigations on accidents and incidents of aviation;
-Learn all the lessons resulting from the investigation and make relevant recommendations, in order to prevent the occurrence of incidents and/or accident.
Article 4: The Office is made up of 15 experts of aviation up, trained and specialized in investigations of accidents and incidents of aviation.
Article 5: The Office includes an assisted President a Vice president, a Secretary, a Rapporteur and a Deputy Rapporteur.  
Article 6: Rules of procedure, approved by the Minister with civil aviation in charge, fixed the Organization and operation of the Office.
Article 7: The heritage of the Office consists of:-movables and immovables placed at its disposal by the State, in accordance with the legislation in force; facilities, equipment and other assets acquired in the performance of its mission;
-securities acquisitions and real estate own deemed necessary for its operation, as well as subsequent inputs than the State or the internal and external partners can make available.
Article 8: Without prejudice to the legal provisions in force, the Office's resources include: 1. a budget allocation, determined by order of the Minister having civil aviation in his or her attributions;
2. a proportion of the fee of security;
3. donations and legacies.
Article 9: Are repealed all prior provisions contrary to this Decree.
Article 10: The Minister of the transport and pathways of Communication is responsible for the execution of this Decree, which comes into force on the date of its signature.
Done at Kinshasa, October 02, 2012 MATATA PONYO MAPON Me Justin Kalumba Mwana Ngongo Minister of transport and Communication channels