PRESENTATION REPORT

Pursuant to article 55 of the Mining Code and by Decree No. 2009-1334 of 30 November 2009, a Equalization and Support Fund for Local Government has been established, the rates and terms of distribution are set by the same decree.

The entry into force of Act III of decentralization, however, has an impact on this decree, insofar as some local communities benefiting from the Fund (the region and the rural community) no longer exist legally, together with a New category of local community, the department, was created but not among the beneficiaries.

The updating of the aforementioned decree is therefore necessary, as its current wording does not allow for the payment of appropriations to their right holders.


The proposed amendments relate to:

-Article 4 of Decree No. 2009-1334 of 30 November 2009, in order to bring it into conformity with the new General Code of Local Communities;
-the introduction of a transitional provision to allow the beneficiary communities to pay the funds that have been collected since 2010 and which have not yet been allocated.


That is the economy of this decree.

THE PRESIDENT OF THE PUBLIC,

Having regard to the Constitution;
In view of Organic Law No. 2001-09 of 15 October 2001 on financial laws;
In view of Law No. 2003-36 of 24 November 2003 on the Mining Code;
In view of Law n ° 2013-10 of 28 December 2013 on the General Code of Local Communities, as amended;
In view of Decree No. 66-510 of 04 July 1966 on the financial regime of local authorities;
In light of Decree No. 2004-647 of 17 May 2004 laying down detailed rules for the application of the Law on the Mining Code;
In view of Decree No. 2009-1334 of 30 November 2009 establishing and fixing the rate and distribution of the Equalization and Support to Local Communities Fund;
In view of Decree No. 2014-845 of 06 July 2014 appointing the Prime Minister;
In view of Decree No. 2014-853 of 09 July 2014 on the distribution of state services and the control of public institutions, national companies and public participation societies between the Presidency of the Republic, the Primature and the Ministries, as amended by Decree No. 2016-299 of 06 March 2015;
In view of Decree No. 2014-874 of 22 July 2014 on the powers of the Minister for the Economy, Finance and the Plan;
In view of Decree No. 2014-876 of 22 July 2014 on the powers of the Minister for Local Governance, Development and Planning of the Territory;
In light of Decree No. 2014-878 of 22 July 2014 on the powers of the Minister of Industry and Mines;
In view of Decree No. 2015-855 of 22 June 2015 on the composition of the Government;

On the joint report of the Minister of Economy, Finance and Plan, the Minister of Industry and Mines and the Minister for Local Governance, Development and Development of the Territory,

DECRETE:

Article 1. - The provisions of Article 4 of Decree No. 2009-1334 of 30 November 2009 establishing and fixing the rate and arrangements for the allocation of the Equalization and Support to Local Communities Fund are amended and replaced by the provisions Following:

" Article 4. -The provision of support for the equipment of the local authorities in the administrative districts housing the mining operations shall be determined in proportion to the contribution of each administrative district to the resources.


The share of each administrative district is allocated as follows:

-20 % (20 %) to the local communities housing the site (s) of mining operations, in proportion to their contribution and in proportion to the size of the population;
-four twenty per cent (80 per cent) of the other local authorities in the administrative district where mining operations are located.


The share allocated to the other Local Communities in the administrative district is allocated as follows:

-four twenty per cent (80 per cent) to the communes in proportion to the size of their population;
-20 % (20 %) to the local government departments.



Art. 2. The allocations to the Local Government Equipment, due since the creation of the Equalization and Local Government Support Fund, but not yet allocated, are subject to the provisions of this Decree.

Article 3. - The Minister of Economy, Finance and Planning, the Minister of Industry and Mines and the Minister for Local Governance, Development and Planning of the Territory shall each have responsibility for the implementation of the present Decree to be published in the Official Gazette of the Republic of Senegal.


Done at Dakar, 16 December 2015



Macky SALL
By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE