Law No. 2012-012 Authorizing The Ratification Of The Treaty On African Authorities And Malagasy Civil Aviation Signed In N'djamena January 20, 2012

Original Language Title: Loi n°2012‐012 autorisant la ratification du Traité relatif aux Autorités Africaines et Malgache de l’Aviation Civile signé à N’Djaména le 20 janvier 2012

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Microsoft Word - Law No. 2012-012.doc

ION 2012 -012
authorizing the ratification of the Treaty on African and Malagasy Civil Aviation signed in N'Djamena January 20, 2012

Following the serious deficiencies identified during audits of the Universal Program Audits ICAO Safety Oversight (USOAP) carried out in the Member States of ASECNA and in consideration of the fact that the global experience has shown that only the pooling of human, financial and material will remedy said deficiencies within the deadline set by the various corrective action plans. The eighteen member states of ASECNA namely Benin, Burkina Faso, Cameroon, Republic Centreafricaine, Comoros, Congo, Côte d'Ivoire, France, Gabon, Guinea Bissau, Equatorial Guinea, Madagascar, Mali, Mauritania, Niger , Senegal, Chad and Togo, decided to transform the 2001 Memorandum of understanding signed between the General Administration Directors of the African and Malagasy Civil Aviation (AAMAC) into a structure with legal personality allowing them to and ensure effective coordination and harmonization of regulatory and safety oversight of civil aviation in general and air navigation in particular. Indeed, these eighteen countries have recognized the need to work together to better meet their commitments to respect the effective implementation of the Convention on International Civil Aviation signed in Chicago on 7 December 1944 and to ensure the highest degree of uniformity achieved in aviation security in Africa. Thus, to achieve these objectives, after a decade of study and preparation, the Treaty on African and Malagasy Civil Aviation Authorities was signed by the plenipotentiaries of the member states of ASECNA 20 January 2012 in N'Djamena, CHAD. The main objectives targeted by this Treaty AAMAC are as follows: 1-
the development and publication of common rules; 2. the elimination of deficiencies and compliance with ICAO standards; 3- harmonization of the monitoring process and issuing licenses and approvals to operators; 4- the training of managers and technicians in the field of aviation safety.

The Treaty be ratified as proposed is based on the following bases:
- He created an international organization of traditional type which has no own legislative or executive power. The parties to the treaty will have to implement its decisions in their domestic law;
- As desired by most members of AAMAC, the new organization is competent in all areas of aviation safety (aircraft airworthiness, personal competence, flight operations, aerodromes characteristics of air navigation services, ... );
- Since most of the proposed members are also parties to the Regional Economic Communities (RECs), including UEMOA, CEMAC, SADC, which have already acquired skills in aviation security, such bodies are members of AAMAC right, if they wish, so as to provide exercise their competences;
- The first task is to develop AAMAC technical regulations that states (or on behalf RECs) transpose into national / Community law;
- Except for what is the field of air navigation, the enforcement of technical regulations remains the responsibility of States (subject to the delegations they could do to agencies created by RECs);

- The new organization put in place a monitoring mechanism of how the states (or agencies ERC) implementing the said regulations;
- The new organization established expert groups, composed of its employees and those of its members who can provide support to states (CER or agencies) who ask;
- The new organization will perform, with its resources and those made available by its members, the technical tasks of certification and surveillance of ASECNA, as well as systems, components and equipment it uses. On this basis, will make recommendations to its members who will issue certificates or taking the necessary sanctions.
To perform its tasks, the organization is composed of two bodies: the Board and the Executive Secretariat:
- The Council consists of Directors General of Civil Aviation and representatives of the RECs. It ensures the political control of the organization and takes decisions that commit the general party-political, budget, work program, technical requirements and procedures, working methods ... He appoints the Executive Secretary;
- The Executive Secretariat prepares Council decisions and runs the technical tasks of the organization (development of rules, certification and surveillance audit members, management of pools of experts, etc). It also implements the budget and collects royalties and contributions of the Parties;

The AAMAC are mainly funded by:
a) mandatory contributions from Parties; b) the charges for the performance of certification tasks; and c) the fees charged for publications, training and any other services provided directly to the public and to the Parties. - Each Party, including CERs, is to pay a fixed contribution
representative for the costs associated with its participation in the organization (including meetings and documentation);
- A party using the services provided by AAMAC (training, assistance provided by expert groups in particular) must cover the exact costs;
- ASECNA, including the certification and oversight responsibility of AAMAC own skills, to pay their fees to cover the costs of these tasks.
Like any international treaty, the proposed text includes provisions for accession, entry into force, termination and dispute settlement. The provisions are not new and are based on those that are usually found in similar conventions and treaties. It should be noted that in this case, it is proposed to enter into force after ratification by five states. On Madagascar in particular, this Treaty is an opportunity for the sustainability of coordination with Member States (training, research and cooperation) in all areas of the aviation sector in particular and even beyond through bilateral and multilateral collaborations very close and almost permanent through Transport 18 Member States Ministers. In addition, the ratification of the Treaty will also give the opportunity to strengthen the capacity of Madagascar to ensure the safety oversight of civil aviation and to have a robust platform to meet international competition in the sector airline. Thus, the ratification of this Treaty will strengthen its reach better facilitating its entry into force. It represents a logical continuation of government policy on aviation safety and endorse the act of signature which Madagascar conducted N'Djamena. This is the purpose of this Act.

ION 2012 -012

Authorizing the ratification of the Treaty on African and Malagasy Civil Aviation signed in N'Djamena January 20, 2012

The Congress of the Transition and the High Council of the Transition adopted in their respective sessions on 29 June 2012, the law which reads as follows:
Article: - Is authorized the ratification of the Treaty on African and Malagasy Civil Aviation signed in N'Djamena January 20, 2012. Article 2: This law shall be published in the Official Journal of the Republic. It will be enforced as a law of the state.
Antananarivo, June 29, 2012

Rasolosoa Dolin RAKOTOARIVELO Mamy