Act No. 42/An/14/7Th Reorganizing The Ministry Of Energy Responsible For Natural Resources.

Original Language Title: Loi N° 42/AN/14/7ème L portant réorganisation du Ministère de l'Energie chargé des ressources naturelles.

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Act No. 42/AN/14/7th L reorganizing the Ministry of Energy responsible for natural resources.

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 21 April revising the Constitution;
VU Act No. 97/AN/00/4 L bearing reorganization of the Ministry of Energy and Natural Resources;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing the Prime Minister;
VU Decree No.2013-0044/PRE of 31 March 2013 appointing members of the government;
VU Decree No.2013-0058/PRE of 14 April 2013 establishing the responsibilities of departments;
VU Circular No.119/PAN of 7/06/2014 convoking the National Assembly in public session;

The Council of Ministers heard in its meeting on 28 January 2014.

PART I: MISSIONS AND ATTRIBUTIONS
ENERGY CHARGE MINISTER
NATURAL RESOURCES.

Chapter 1: Missions and Departmental responsibilities

Article 1: Under the authority of the President of the Republic, Head of Government, the Ministry of Energy responsible for Natural Resources prepares and implements the policy established by the Head of State in the exploration and exploitation of sources of energy, prospecting and exploitation of the resources of the subsoil, both terrestrial and marine, including the marine zone and the exclusive economic zone, as well as the research and development of new and renewable energies.
It develops, proposes and implements sectoral development projects and programmes in the areas of energy, mining and oil. It is also responsible for the planning, execution and monitoring of energy, mining and oil development programs and projects. These projects and programmes will be carried out in consultation and collaboration with other relevant ministerial departments, national and international bodies.

Article 2: The Ministry of Energy responsible for Natural Resources is also responsible for preparing and implementing the Government's Energy Control Policy in conjunction with the relevant government departments and institutions, but also for access and electricity supply? all over the territory.

Chapter 2: Organization of the Ministry

Article 3: The Ministry of Energy, which is responsible for Natural Resources, has the following:
- Cabinet and a Particulier Secretariat;
- General Secretariat;
- A Central Administration under the authority of a Secretary General.

Article 4: The following Companies and Public Organizations are attached to the Ministry of Energy responsible for Natural Resources:
- the International Society of Hydrocarbons of Djibouti (SIHD);
- the Electricity of Djibouti (EDD);
- Djibouti's Energy Control Agency (ADME).
The Ministry of Energy responsible for Natural Resources gives these Companies and Organizations the policy directions to which they must comply. The Ministry develops performance contracts that bind each of them to the State and controls its execution.

TITRE II : LE CABINET ET SECRETARIAT PARTICULAR DU MINISTRE

Chapter 3: Minister ' s Office

Article 5: The Cabinet of the Minister shall include
- a Particulier Secretariat;
- Technical Advisors.

Article 6: The Minister ' s Office is composed of technical advisers who assist the Minister in his office and deal with the issues entrusted to them. The Minister's Office is headed by a Senior Advisor.

Article 7: Under the authority of the Minister, the Senior Advisor shall:
- animate and coordinate the activities of Cabinet members;
- follow up on the files entrusted to the technical advisers.

Article 8: The technical advisers are appointed by decree issued in Council of Ministers on the proposal of the Minister of Energy responsible for Natural Resources. It is terminated under the same conditions.

Chapter 4: Secretariat of Minister

Article 9: The particular secretariat, under the direct authority of the Minister, is responsible for:
- managing telephone calls and the Minister's agenda;
- managing correspondence, appointment, meetings and exchanges of the Minister;
- write, record, ship, and archive any confidential and reserved email from the Minister;
- ensuring receipt, transmission, notification of mail, notes, decisions;
- perform any other tasks entrusted to it by the Minister.

Article 10: The Secretariat shall be headed by a Principal Secretary appointed by a decision. She/he is a Chief of Service and as such, she/he attends all Cabinet meetings and prepares the records.

PART III: THE GENERAL SECRETARIAT OF MINISTER

Article 11: The General Secretariat is headed by a Secretary-General who is assisted by two assistants who are the Chief of Service.

Article 12: The Secretary General is responsible for informing the Minister of the operation of the various departments of the Ministry. It provides under the authority of the Minister, the animation and coordination of all services.
He ensures that the Minister's decisions are implemented and reports to him.

Article 13: The Secretary General, under the authority of the Minister, is responsible for:
- the development of general sectoral policies and the supervision of their implementation by the relevant sectoral departments, agencies and public institutions;
- ensuring respect for the general policy of the Ministry by the agencies and institutions attached;
- ensuring compliance with multi-year performance contracts negotiated with each of these public bodies under ties;
- the preparation, dispatching and execution of the directives and decisions of the Minister;
- coordination of the programmes and activities of the various departments of the Ministry;
- represents the Ministry in national and international meetings and forums by delegation of the Minister;
- ensures coordination and supervision in the energy and natural resources sectors throughout the national territory;
- oversees and audits the administrative and financial management of the central administration.

Article 14: The Secretary General will have under his authority the service of communication, archives and documentation.

Article 15: The Communications, Archives and Documentation Department is responsible for:
- the management, preservation and archiving of all documents of the Ministry;
- publication and dissemination of visibility documents for the Department's activities.

Article 16: The Secretary General is appointed by Order in Council of Ministers on the proposal of the Minister of Energy responsible for Natural Resources. He is terminated under the same conditions.

PART IV: CENTRAL ADMINISTRATION

Article 17: The Central Administration comprises five (5) branches:
- Administrative, Financial and Legal Affairs Directorate (D.A.F.A.J);
- the Directorate of Natural Resources (D.RN);
- the Directorate of Energy (D.E);
- Project Management Directorate (D.G.P);
- Hydrocarbons Directorate (DHYCA).

Chapter 5: The Administrative, Financial and Legal Affairs Directorate

Article 18: The Administrative, Financial and Legal Affairs Directorate is responsible for:
- manage the general file of staff and specific files with specific vocations;
- maintenance of the department's equipment, premises and supplies;
- the preparation, in collaboration with the other Directorates, of the annual budget project of the Ministry;

- monitoring the execution of the Department's budget and other financial resources, including initiating expenditures and controlling their execution;
- the conduct of the computerization process of the various departments of the Ministry;
- the management, conservation and archiving of material and digital data;
- the preparation of regulations and laws;
- the management of litigation, litigation and official acts established with all partners.

Section 19: The Administrative, Financial and Legal Affairs Branch comprises three (3) services:
- Human Resources Service;
- the Accounting, Budget and Material Service;
- Legal Service.

Article 20: The Human Resources Service is responsible for:
- the identification of needs and the definition of profiles of the posts to be filled;
- the management of personnel in accordance with the statutes in force;
- the forecast management of the Jobs;
- staff training.

Article 21: The Budget, Accounts and Equipment Service is responsible for:
- coordination of budget proposals from different branches;
- the preparation of the annual budget and other financial resources of the Ministry and the monitoring of their execution;
- the safeguarding and publication of the financial and accounting operations of the various branches of the Ministry;
- the management of the real estate heritage of the Ministry;
- the purchase and management of furniture, equipment and rolling stock.

Article 22: The Legal Affairs Branch is responsible for:
- the monitoring, control, compliance and enforcement of existing regulations and laws;
- the development and monitoring of partnership agreements;
- providing legal expertise to the department;
- to assist in the development of internal regulations in the department and/or represent the department in its relations with other departments and institutions;
- to study agreements and treaties established with partners;
- to participate in studies and investments programmes in collaboration with the international cooperation management;
- overseeing the procedures for awarding public procurement of the department and related institutions;
- litigations and litigations concerning acts established by the ministry with partners.

Article 23: Administrative, financial and legal management is led by a civil administrator category A1 graduated in administration, finance, law or equivalent with five years of experience. She/He is appointed (e) by decree made in council of ministers on the proposal of the Minister of Energy responsible for Natural Resources. He is terminated under the same conditions.

Chapter 6: The Natural Resources Directorate

Article 24: The Directorate of Natural Resources is responsible for:
- to study and identify the riches of the soil and the national basement;

- to contribute to the development and implementation of government policy in this sector;
- to promote the development of mineral resources;
- to ensure the application of the Mini Code, the Oil Code and the regulations in force in the sector, as well as their improvement and updating;
- to monitor and coordinate the actions of all public or private operators in the management and development of land and subsoil resources.

Article 25: The Natural Resources Directorate consists of three (3) services:
- Geology and Mining Exploration Service;
- the Authorizations and Concessions Service;
- Oil and Gas Exploration Service.

Article 26: The Department of Geology and Mining Exploration is responsible for:
- geological mapping, surveys and topography;
- the inventory of land and national basement resources;
- cartography, prospecting and analysis;
- monitoring of exploration projects;
- control of exploration programs;
- archiving data and exploration documents;
- to control and authorize all rocks and samples for export;
- to encourage national and international investors to participate in the assessment of mineral resources and their farms;
- to instruct exploration and research requests;
- to control and monitor mining research and exploration;
- geological mapping of potential mineralization zones;
- research and cartography of industrial minerals (toning, quality) ;
- the monitoring of mining drilling;
- the monitoring of geothermal drilling;
- the monitoring of any drilling to collect the geological data of the basement of the country;
- the realization of mining drills (estimate of tonings, grades and qualities of metal or industrial mineral deposits);
- topographical survey work.

Article 27: The Oil and Gas Exploration Service is responsible for:
- exploration and exploitation of oil and gas;
- the grant of the Exploration Permits;
- Monitoring of all activities related to Explorer;
- Monitoring of Explorer Technology;
- Control of exploration expenses;
- the Government ' s representation of oil companies;
- follow the refining, liquefaction and gas separation activities;
- follow the activities of petrochemicals;
- to ensure the development of branch activities;
- the preparation, application of legislation and regulation of exploration;
- the study and monitoring of permits granted to companies;
- follow the activities and programmes of exploration on shore and off shore;
- follow the exploration technology, including detection, analysis, mapping techniques...
- the control of the expenses of the exploration phase;
- to promote oil potential among oil and gas actors;
- list on a map potential oil and gas deposits;
- the management of the reports of oil and gas operators;
- the location of the sites of exploitation;
- monitoring of oil and gas installations;
- monitoring of operating technology;
- research and documentation on the exploitation of oil and gas;
- studies on oil and gas and their different applications;
- the establishment of an industrial project on oil;
- the development of information bulletins on the security risks and the danger of oil.

Article 28: The Authorization and Concession Service is responsible for:
- Mines and Careers and Minier Cadastre;
- to ensure the preparation, control, maintenance, dissemination of legislation and regulations related to research, exploration, exploitation and production activities, more generally of mineral processing and trade;
- the regulation of research, exploration, exploitation and production, as well as the transformation and trade of minerals;
- the holding of the minier cadastre of concessions;
- to instruct applications for exploration permits and any authorizations necessary for exploration and exploitation;
- to ensure compliance with existing standards relating to research conditions, exploration of exploitation and production;
- to prepare, control, ensure the management of mining rights attached to permits and authorizations in accordance with existing mining legislation;
- to control the commitments of mining work;
- to issue exploration or exploitation securities;
- monitoring mining;
- Management of the Sel extraction activity;
- the authorization, opening and operation of Mines and Careers;
- the granting of operating permits;
- to control the commitments of the work;
- to control mining operations;
- to calculate the royalties due to the State;
- to control the production of the Mines;
- to control mine safety and career;
- the management of the extraction activity of the Sel of Lake Assal;
- the monitoring of impacts, the redevelopment of careers and drilled sectors;
- to issue all search and operating permits;
- to keep the minier cadastre of all concessions up to date;
- management and development of mining resources;
- the management of reports of mining operators;
- to instruct applications for exploration permits and all authorizations.

Article 29: The management of natural resources is led by an engineer from the energy and mining professions, category A1. He must be a natural resource graduate or equivalent with five years of experience. She/He is appointed (e) by decree made in council of ministers on the proposal of the Minister of Energy responsible for Natural Resources. She/He is terminated under the same conditions.

Chapter 7: Energy Directorate

Article 30: The Energy Directorate is responsible for:

- the preparation and implementation of national energy policy;
- the development of sectoral policy in the field of energy, the promotion and development of the exploitation of renewable energies;
- the development and implementation of a rural electrification policy through renewable and conventional energy;
- the implementation of the strategic policy for the development of renewable energy and conventional energy;
- the definition of renewable energy legislation, the implementation and application of renewable energy legislation and energy standards and regulations;
- the application of the Ministry's strategy for the exploration, exploration and exploitation of renewable energy resources;
- knowledge and diffusion of new technologies in the field of Renewable Energy.- Adaptation of tax regulations to promote the development of renewable energy;
- the setting up of a policy of pricing and regulation of prices for the sale of electricity;
- representation of government vis-à-vis national and international energy societies;
- development of projects eligible for the bilateral or multilateral mechanism to combat climate change;
- promoting and managing partnerships with the Finance Agencies, NGOs and specialized companies;
- the promotion of a Djiboutian industry for the manufacture, installation and maintenance of renewable energy technologies;
- monitoring and management of projects under the Directorate with the GSP.

Article 31: The Energy Directorate consists of four (4) services:
- Renewable Energy Service;
- Rural electrification Service;
- the Conventional Energy Service;
- The Regulatory Service.

Article 32: The Renewable Energy Service is responsible for:
- the development of sectoral policy in the field of energy, the promotion and development of the use of renewable energy;
- the implementation of the strategic renewable energy development policy;
- development of projects eligible for the bilateral or multilateral mechanism to combat climate change;
- knowledge of the Renewable Energy deposit and its use in the territory of the Republic of Djibouti;
- implementation of sectoral policy in the field of Renewable Energy;
- exploration of renewable energy resources (wind, solar, geothermal, biomass, marine);
- the establishment and dissemination of energy atlas on scientific data on renewable energy;
- the establishment of standards and conformity certifications on all renewable energy appliances adapted to the weather conditions of the country (solar panels, wind turbine etc.);
- the Monitoring and Management of Renewable Energy Projects with the GSP.

Article 33: The Rural Electricity Service is responsible for:
- the development of a sectoral strategy and an action plan for the electrification of localities and non-electrified areas in rural areas;
- the development and implementation of a rural electrification policy through renewable and conventional energy;
- the implementation of the national policy of electrification in rural areas in collaboration with the various state bodies (National Education, Ministry of the Interior, Ministry of Agriculture, Ministry of Health, etc.) and regional councils;
- the implementation of suitable programmes for the promotion of electrification solutions with the different sources of renewable energy in the country (solar, wind, biomass, geothermal);
- the management and operation of the park of power plants and decentralized infrastructure in rural areas;
- monitoring national rural electrification programmes in collaboration with relevant departments and partners;
- the development of electricity distribution networks in rural and peri-urban areas in collaboration with conventional energy service.

Article 34: The Conventional Energy Service is responsible for:
- the development of policies on Conventional Energy throughout the territory in accordance with the various Energy Commissions;
- the development of a sectoral strategy and an action plan for conventional energies and their transition to renewable energies throughout the territory;
- implementation of the strategic policy of conventional energy;
- monitoring and evaluation of conventional energy programs in partnership with electricity companies;
- development of conventional energy supply programs in collaboration with electricity companies and regional organizations and institutions;
- the development of a sectoral strategy and an action plan for conventional energies and their transition to renewable energies throughout the territory;
- Monitoring and evaluation of conventional energy programs and projects.

Article 35: The Regulatory Service is responsible for:
- to put in place a national policy for the regulation and pricing of the sub-sector of electricity throughout the national territory in collaboration with the ED, the Rural Electricity Service and in agreement with the various energy commissions;
- the development of regulations for energy sectors and the subsector of electricity;
- Implementation of the national policy of regulation, regulation and pricing of the electric subsector in accordance with the various energy commissions;
- the establishment of a national policy for the regulation and pricing of the sub-sector of electricity throughout the national territory in collaboration with the ED, the Rural Electricity Service and in agreement with the various energy commissions.

Article 36: The energy management is led by an Energy and Mining Engineer, category A1, who holds an energy degree or equivalent with five years of experience. She/He is appointed (e) by decree made in council of ministers on the proposal of the Minister of Energy responsible for Natural Resources. She/He is terminated under the same conditions.


Chapter 8: Hydrocarbons Directorate

Article 37: Hydrocarbon management is responsible for:
- to propose elements of national policy on the refinement, storage, distribution and marketing of hydrocarbons (including lubricants) and natural gas and/or LPG;
- to ensure the application of existing hydrocarbon (including lubricants) and natural gas and/or LPG regulations;
- to monitor the operation of the market and to monitor the activity of companies involved in the transport, refinement, storage, distribution or marketing of hydrocarbons (including lubricants) and natural gas and/or LPG;
- follow the refining, storage, distribution and marketing programs of hydrocarbons;
- ensure that operators in the hydrocarbon sector (including lubricants) and natural gas and/or LPG comply with existing laws and regulations, technical practices and safety instructions;
- enforce the policy of crude oil security stocks and refined products;
- undertake the necessary research on the quality of petroleum products;
- develop projects of contracts, conventions or agreements on hydrocarbons or derivatives and natural gas and/or LPG;
- issue to companies authorizations for import or export of material or produced in accordance with the regulations in force.

Article 38: Hydrocarbon management includes three (3) services:
- the Service Transport of Crude and Refining;
- the Import, Storage and Distribution Service;
- the Monitoring Service of the Regulation of Hydrocarbons.

Article 39: The Gross and Refinery Transport Service is responsible for:
- to participate in the completion of all studies on the transport of crude oil, refinement, definition and pricing of petroleum products from the refinery;
- to establish technical and economic data on refinement;
- to define standards and control products from refinement or import;
- to assess the demand through the development of forecasts, the collection and use of statistical data on hydrocarbons;
- to ensure the security of national procurement.

Article 40: The Import, Storage and Distribution Service is responsible for:
- the collection of information related to the import, storage and consumption of hydrocarbons (including lubricants) and natural gas and/or LPG in collaboration with the Djibouti hydrocarbon company, oil companies and storage companies;
- monitoring the strategic stocks of hydrocarbons consumed in the national market;
- to study and instruct the application files of any company considering carrying out an activity of import, storage and distribution of oil and/or derivatives (oil and lubricants) and natural gas and/or LPG;
- to follow the prices of hydrocarbons or refined products and gas and/or LPG;
- verify all ship unloadings or all hydrocarbon and LPG movements (manifest and quality certificate).


Article 41: The Monitoring Service of the Hydrocarbon Regulations is responsible for:
- the regulation and regulation of the import, storage and distribution of hydrocarbons (including lubricants) and natural gas and/or LPG;
- monitor the distribution of hydrocarbons (including lubricants) and natural gas and/or LPG and ensure compliance with existing safety measures and environmental standards;
- control the quality of imported petroleum products;
- to ensure the execution of contracts, conventions or agreements;
- control the operation and monitoring of the activity of companies engaged in the field of refinement, transport, import, storage, distribution or marketing of hydrocarbons (including lubricants) and natural gas and/or LPG;
- regulate waste oil collection activities for recycling or destruction in an industrial furnace;
- the granting and/or withdrawal of licenses.

Article 42: Hydrocarbon management is led by an energy graduate or equivalent administrator with five years of hydrocarbon experience. She/He is appointed (e) by decree made in council of ministers on the proposal of the Minister of Energy responsible for Natural Resources. She/He is terminated under the same conditions.

Chapter 9: Project Management Directorate

Article 43: The Project Management Directorate is responsible for:
- to ensure the general supervision of the Directorate;
- to implement national energy and natural resources projects;
- participation in all project and program evaluation committees.

Article 44: The Project Management Directorate consists of three (3) Services:
- the Administrative and Financial Service;
- Technical Service (contracting);
- the Studies and Planning Service.

Article 45: Administrative and Financial Service
- administrative and financial management of energy and natural resources development projects;
- the development and submission of periodic reports on the management and implementation of activities and projects;
- the development of a budgeted work plan.

Article 46: Technical Service is responsible for:
- technical supervision of activities;
- to strengthen the capacity of electric production by the execution of large projects in the field of geothermal, solar and wind;
- commitment and monitoring of procurement activities;
- encourage scientific research and support all new initiatives to reduce losses on energy produced;
- monitoring and evaluation of projects.

Article 47: Department of Studies and Planning is responsible for:
- produce the national sectoral development plan of the Ministry in collaboration with other departments;
- to study and list the riches of the soil and the national subsoil;
- preparing programmes for studies or investments related to the exploitation of natural resources;
- planning the implementation of energy and mining projects;

- follow-up and evaluation of the implementation of the government's programmes and projects in the energy and natural resources sector;
- to conduct studies aimed at achieving energy savings in habitat, transport, agriculture and industry;
- to implement the Ministry ' s training and institutional capacity-building policy in collaboration with the Human Resources Service.

Article 48: The Project Management Directorate is led by a project management graduate or equivalent with five years of experience. She/He is appointed (e) by decree made in council of ministers on the proposal of the Minister of Energy responsible for Natural Resources. She/He is terminated under the same conditions.

PART V: FINAL PROVISIONS

Section 49: Orders made in Council of Ministers on the proposal of the Minister of Energy and Natural Resources will determine the conditions for the application of this Act.

Article 50: This Act repeals and supersedes Act No. 97/AN/00/4 L of 10 August 2000 and all previous legislation and regulations refer to it.

Article 51: This Act comes into force upon promulgation and will be published in the Journal Off

Done in Djibouti on 25/06/2014

President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH