NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 19 April 2010 revising the Constitution;
VU Law No.2/AN/98/4 L of 19 January 1999 on the definition and management of public institutions
VU The Criminal Laws No. 59/AN/94 and No. 60/AN/94 of 5 January 1995 on the Penal Code and Criminal Procedure Code respectively;
VU Law No. 28/AN/08/6th L of 21 December 2008 on competition, fraud repression and consumer protection;
VU Law No.72/AN/09/6th L of 21 February 2010 adopting the National Strategy for Trade Development;
VU Law No.134/AN/11/6th L of 1 August 2012 adopting the Djibouti Commercial Code;
VU Law No.55/AN/14/7th L of June 25, 2014 organizing the Ministry Delegate to the Ministry of Economy and Finance responsible for Trade, SMEs, Craft, Tourism and Formalization;
VU la Loi n°56/AN/19/8ème The legal regime of administrative public institutions;
VU Law No.33/AN/18/8th L of 14 September 2019 adopting the national system of standardization and promotion of quality;
VU Decree No.2001-0010/PR/MCIA of 15 January 2001 regulating conditioned water for human consumption;
VU Decree No.2008-0087/PRE of 27 March 2008 on the Safety and Health Information Regulations;
VU Decree No.2011-0204/PR/MDC of 24 October 2011 establishing the National Codex Alimentarius Committee;
VU Order No.2012-225/PR/MDC of 17 October 2012 adopting the general standard for labelling prepackaged foodstuffs;
VU Order No.2019-095/PRE of 05 May 2019 appointing the Prime Minister;
VU Order No.2019-096/PRE of 05 May 2019 appointing members of the Government;
VU Decree No.2019-116/PRE of 26 May 2019 establishing the powers of the Ministries;
VU Order No.2000-0724/PR/MAEM of 23 September 2000 on marketing standards for certain fishing products, fresh or refrigerated, and for export;
VU Circular n°202/PAN of 21/12/2020 calling for the fourth public session of the 2nd Ordinary Session of the Parliament of the Year 2020.
The Council of Ministers heard in its meeting on 29 September 2020.
Article 1: It is created in the Republic of Djibouti an industrial and commercial public institution with moral personality and financial autonomy called “ Djiboutian Agency for Standards and Quality”, shortened “A.D.N”;
Article 2: The agency is a public establishment with headquarters in Djibouti. The agency can have antennas in each region.
Article 3: The Djibouti Agency for Standards and Quality is attached to the Ministry of Commerce.
Article 4: The mission of the agency is to contribute to the development and implementation of the Government's policy in the area of standardization, metrology, certification, accreditation and promotion of the quality of products and services, in liaison with the relevant public and private bodies.
The Djibouti Agency for Standardization and Quality is the national reference body for the development of standards.
In this capacity, the Commission is responsible, inter alia:
- The development and approval of standards;
- Certification of compliance with standards;
- Promoting standards and quality in public, para-public and private sector organizations;
- Accreditation of conformity assessment bodies;
- Connection of calibration laboratories to the international metrology system;
- Monitoring cooperation with international bodies and specialized committees in the areas of standardization and quality;
- Conduct of studies on the standardization and development of proposals for measures to improve the quality of products and services and respect for standards;
- The dissemination of information and documentation on standards and quality;
- Any other mission entrusted to it by the Government in the field of standards and quality.
Article 5: (1) The agency prepares and publishes an annual report on the promotion of standards and quality of products and services in Djibouti.
(2) The report referred to in paragraph 1 above is addressed to the Minister for Trade.
The Minister shall transmit a copy of the report, together with his comments, to the Prime Minister and to the President of the Republic.
CHAPTER II
DE L’ORGANISATION ET DU GESTION
Article 6: The agency is administered by three (03) organs:
- The Board of Directors;
- The General Directorate;
- Accounting Agency.
SECTION I : DU CONSEIL D’ADMINISTRATION
Article 7: (1) The board of directors is presided over by a personality appointed by decree of the President of the Republic. It also includes the following members:
- a representative of the Presidency of the Republic;
- a representative of the Primature;
- a representative of the Ministry of Trade;
- a representative of the Ministry of Budget;
- a representative of the Ministry of Health;
- a representative of the Ministry of Higher Education;
- a representative of the Ministry of Economy and Finance;
- a representative of the Ministry of Agriculture;
- a representative of the Ministry of the Environment;
- a representative of the Ministry of Energy;
- a representative of the Ministry of Equipment and Transport;
- a representative of the Chamber of Commerce.
(2) The members of the Board of Directors are appointed on the proposal of the administrations and bodies to which they belong, to the diligence of the Ministry of Guardianship.
Article 8: The Chair and Board members are appointed for a term of three (3) years renewable once (01) times. Board members are not paid.
Article 9: (1) The Board of Directors has the widest powers to administer the Agency, define and direct its general policy, and evaluate its management within the limits set by its purpose. As such, the Board of Directors:
- Set objectives and approve the programme of action;
- Adopts the flowchart, the rules of procedure, the grid of remuneration and benefits of staff, on the proposal of the Director General;
- Adopts the budget and finalizes the financial accounts and statements as well as business reports;
- Approves, on the proposal of the Director General, the recruitment and termination of supervisory personnel under the Labour Code;
- Name, on the proposal of the Director General, to the position of responsibilities from the rank of Deputy Director and Assimilated;
- Stop any measures that may improve the services provided by the Agency;
- Accept all gifts, bequests and grants;
- Approves performance contracts or other conventions, including borrowings prepared by the Director General having an impact on the budget;
- Watch the annual publication of a report on standardization in Djibouti.
(2) The Board of Directors may delegate all or part of its powers to the Director General, except those listed above.
Article 10: (1) The President of the Board of Directors shall convene and chair the meetings of the Board. It ensures the implementation of its resolutions.
Article 11: (1) The Board of Directors shall meet in regular session at least three (03) times a year, on the convocation of its President, including once for the vote of the budget and once to finalize the annual financial statements and review the work of the agency. It shall consider any items on the agenda either by the President or at the request of two thirds (2/3) of its members.
SECTION II:
Article 12: The Agency's General Directorate is placed under the authority of an Assistant Director General. The Director General is appointed by Order in Council of Ministers. The Deputy Director General is appointed by a presidential decree.
Article 13: The Director General is responsible for the management and implementation of the Agency's policy, under the control of the Board of Directors to whom he regularly reports on its management. As such:
- It submits to the adoption of the Board of Directors the plans for organizational charts and rules of procedure, as well as the schedule of remuneration and benefits of staff;
- It prepares the budget of which it is the principal order, the activity reports, as well as the accounts and financial statements;
- It prepares the deliberations of the Board of Directors, assists with an advisory voice in its meetings and executes its decisions;
- It provides administrative, technical and financial direction to the Agency;
- It recruits, appoints, notes and terminates staff, subject to the prerogatives recognized in the Board of Directors, determines its remuneration and benefits in accordance with the laws and regulations in force, the rules of procedure, budget estimates and the deliberations of the Board of Directors;
- He represents the Agency in all acts of civil life and justice.
SECTION III: FINANCIAL AND COMPTABLE PROVISIONS
Article 14: (1) The Agency's financial resources are public funds and consist of:
- Revenues for services rendered;
- Grants;
- The excesses of previous services;
- Donations and bequests;
- Bank interests;
- The loans;
- Any other resources derived directly or indirectly from its activities, or that could be allocated to it.
Article 15: The expenditures of the Djibouti Agency for Standardization and Quality are made by:
- Operating and investment expenses;
- Reimbursement of advances and loans;
- Any other expenses related to his activity.
Article 16: An accountant is appointed by Order in Council of Ministers on the proposal of the Minister of Budget. A cashier can be designated by the accounting officer. The establishment is subject to the financial and accounting regime applicable to national public institutions of an administrative nature.
CHAPTER III
OTHER, TRANSITIONAL AND FINAL PROVISIONS
Article 17: Agency staff includes:
- Contractual agents recruited by the establishment in accordance with the applicable collective agreement;
- Statutory agents of the State, territorial authorities or another legal entity of public law, detached or assigned to the institution;
- The State's contractual agents are permanently transferred to the Agency.
Article 18: The responsibilities, organization and operation of the Technical Directorates as well as those of the Agency's services are determined by a decree of application of this Act adopted by Council of Ministers on the proposal of the Minister of Commerce.
Article 19: This Act, which repeals all previous contrary provisions, shall be registered and published as soon as it is enacted.
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