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

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

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 its 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.12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Vice-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 responsibilities of departments;

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 a sigle, "AAC/RDC";

Considering the need for the implementation of the recommendations of the ICAO audit of the National Civil Aviation Security System of the Democratic Republic of the Congo, carried out 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:

♪ aerodrome: defined surface on land or on water (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 air traffic

Public : aerodrome open for use of aircraft with appropriate technical characteristics;

4)airport : aerodrome equipped with air transport facilities to facilitate the arrival and departure of aircraft, to assist air navigation, to ensure the boarding, landing and delivery of passengers, goods and postal mail carried 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 and where customs, control of persons, public health, veterinary and phytosanitary control and other similar procedures are carried out;

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 to be used for take-offs, landings and air traffic on the surface, excluding traffic areas.

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

10)Traffic area : area defined on an aerodrome

land intended for aircraft during boarding or disembarking of passengers, loading or unloading of the position or cargo, fuelling or refuelling, parking or maintenance;

11)runway end safety area : symmetrical area relative to the extension of the runway axis and adjacent to the existence of the band, which is intended primarily to reduce the risk of material damage in the event that an aircraft would land too short or exceed the end of the runway;

(12)Airport authorityauthority responsible for the administration of a surface serving as a point of arrival, departure and aircraft manoeuvres. An airport is headed by an airport commander and an aerodrome by an airfield leader;

13) mark: 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 stopping extension, if such extension is arranged, and which is intended:

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 strip: an area in which a roadway is included, intended to protect aircraft flowing along that path and 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 regulations for the operation of an aerodrome;

17) aeronautical fire on the surface:fire, other than a flight lamp, specially designed as a navigation aid

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

19)Landing direction indicator: device

visually indicating the direction and direction designated for landing and take-off;

(20)brand : symbol or group of symbols

visible to the surface of the movement area to provide aeronautical information;

21)Road classification number: number that expresses the bearing force of a carriageway for unrestricted operation;

22)aeronautical light: aeronautical fire on the surface,

visible in a continuous or intermittent manner in all azimuts in order to designate a particular point on the surface of the earth;

23)aerodrome light : aeronautical light to indicate the location of an aerodrome to aircraft in flight;

24)identification light :aeronautical light emitting an indication to recognize a determinate 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:

1. A track with a classic approach. Piste aux

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

He. A track with precision approach, category

1 : 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.

Ill. A track with precision approach. Category Il: 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. Destined to approach with a height of

decision less than 30 rn (100 ft), or without decision height, and a visual range of track not less than 175 m.

b. Designed to approach with a height of

decision less than 15 rn (50 ft), or without decision height, and a visual range of track not less than 175 rn but not less than 50 m.

27)track 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 measures and means 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, intended to be used for the parking of an aircraft;

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

32)national security programme integrated unit

regulations and activities to improve safety;

33)Security Management System : approach

security management system at an airport or at an aerodrome including the necessary organizational structures, responsibilities, policies and procedures;

34)regulated access security zone : areas on the side

an airport runway, identified as particularly sensitive areas where, in addition to access control, other security controls are being 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 : 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: Aerodrome Design Standards

Article 3:

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

It is also the subject of a screening environmental and social impact assessment conducted in accordance with environmental protection legislation, including the standards of the International Civil Aviation Organization.

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.

It includes the implementation of wastewater treatment plants and measures to combat pollution of rivers that may be located inside or outside the airport area.

Article 5:

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

Article 6:

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

This authorization is subject to moral, financial and technical 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.

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 aircraft-specific installations that will be required to use it, as well as the runway-length or ground-level specifications.

This code, chosen 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 runway;

(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 track lights, traffic lanes and traffic areas, other visual guidance and control aids on traffic lanes and traffic areas, including traffic lanes and stop bars, as well as the usual guidance system for accosting;

8) the location and radio frequency of any VOR aerodrome verification point;

9) the location and identification of standard 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 constructed without irregularities that would have the effect of reducing the friction characteristics or harming, in any other way, 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, the elevation of each threshold and any intermediate, high and low significant 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 and 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 areas of traffic required for the boarding and disembarking operations of passengers, goods and the position as well as for small maintenance operations that do not interfere with air traffic;

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

Article 13:

The runway of an aerodrome that is open to public air traffic is equipped with sufficient input and exit routes to accelerate the movement of aircraft to and 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 of passengers, goods and the position as well as for small maintenance operations that do not interfere with the airfield traffic.

Article 16:

All aerodromes open to public air traffic have electrical systems to ensure the safe 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 light approach and guidance device on the runway.

A Minister's order with civil aviation in his duties determines, after technical advice from the Civil Aviation Authority, the technical specifications of the visual aids, of the approach light and guidance 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 Civil Aviation Authority according to the criteria defined by decree of the Minister with civil aviation in his or her 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 determined by order of the Minister with civil aviation in his or her duties.

Chapter 3: Operating and maintenance conditions for open air traffic

Article 22:

Airfields for public air traffic are constructed and operated either by the State or by the private in accordance with the laws in force and 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 moral, financial and technical 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 intended 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 public laws and regulations including violations of customs legislation and violations of State security.

Article 39:

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 Civil Aviation Authority prescribes instructions in the interest of safety and 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 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