The President of the Republic,

VU the Constitution;
HAVEN the Convention on International Civil Aviation signed at Chicago on 7 December 1944 and its annexes;
HAVING REGIS to Regulation No 08 /2013/CM/UEMOA of 26 September 2013 adopting the Community Code of Civil Aviation of the Member States of UEMOA;
VU Law No. 2015-10 of 04 May 2015 on the Civil Aviation Code;
VU Decree No. 2011-1055 of 28 July 2011 establishing and laying down the rules for the organization and operation of the National Agency for Civil Aviation and Meteorology, as amended by Decree No. 2015-981 of 10 July 2015;
VU the decree n ° 2014-845 of 06 July 2014 appointing the Prime Minister;
VU's decree n ° 2014-853 of 09 July 2014 on the distribution of state services and the control of public institutions, national companies and public participation companies between the Presidency of the Republic, the Primature and the Ministries, as amended by Decree No. 2015-299 of 06 March 2015;
VU decree n ° 2014-887 of 22 July 2014 laying down the powers of the Minister of Tourism and Air Transport;
VU Decree n ° 2015-855 of 22 June 2015 on Composition of the Government;

The report of the Minister of Tourism and Air Transport,

Decrete:


Article 1. -Object

The purpose of this Decree is to lay down the rules for the implementation of the provisions of Law n ° 2015-10 of 04 May 2015 on the Civil Aviation Code, relating to the supervision of civil aviation safety in Senegal, in accordance with the provisions of the Requirements of the Chicago Convention on International Civil Aviation.


Article 2. -Competent authority

The National Agency for Civil Aviation and Meteorology (ANACIM) is the competent authority for the supervision of the safety of civil aviation in the territory of the Republic of Senegal.

Where other functions, in relation to civil aviation, are entrusted to the Civil Aviation Authority, the internal organisation of the Civil Aviation Authority shall be established in such a way as to ensure a separation between the supervisory functions and the functions of Service delivery.

Natural or legal persons. Whose activity is subject to authorisation by the Civil Aviation Authority are required to comply with the specifications laid down by the Civil Aviation Authority under the provisions of the Civil Aviation Code and its implementing regulations.


Article 3. -Specific aeronautical regulations

The operational activities of civil aviation in the national territory are subject to specific technical regulations in accordance with the recommended standards and practices of the annexes to the Convention on International Civil Aviation.

Pursuant to Article 2 of Law No. 2015-10 of 04 May 2015 on the Civil Aviation Code, the Civil Aviation Authority develops, updates and disseminates specific technical regulations.

The said Regulations bear the title of " Aviation Regulations of Senegal " And contain the specifications for the following domains:

1. Staff licenses;
2. Air rules;
3. Weather assistance to air navigation;
4. Aeronautical charts;
5. Units of measurement to be used in flight and ground operations;
6. Aircraft technical operations;
7. Nationality and registration of aircraft;
Airworthiness of aircraft;
9. Facilitation;
10. Aeronautical telecommunications;
11. Air traffic services;
I2. Search and rescue services;
13. Investigations of aviation accidents and incidents;
I4. Aerodromes;
15. Aeronautical information services;
I6. Environmental protection;
I7. Safety-protection of civil aviation against acts of unlawful interference;
I8. Safety of the air transport of dangerous goods;
19. Security management.

Upon the entry into force of a new standard or amendment of an existing standard, the Civil Aviation Authority shall update the relevant national provisions. It identifies possible differences between the recommended standard or practice and the national provisions in force.

Where appropriate, it shall notify these differences to the International Civil Aviation Organization and shall publish them in accordance with Articles 15 and 38 of the Chicago Convention.

When a new annex to the Chicago Convention is adopted, it is determined by decree the area covered by the aeronautical regulation of Senegal.

The provisions of the specific aeronautical regulations may, if necessary, be specified by decisions, directives, circulars or instructions drawn up by the Civil Aviation Authority.

The aeronautical regulations of Senegal are approved by the Minister responsible for civil aviation.


Article 4. -Licensing, Certification, Authorization and Approval

The Civil Aviation Authority shall, as the case may be, issue licences, certificates, licences, patents, authorisations and approvals to the aircraft, bodies and civil aviation personnel concerned, in accordance with the specifications set out in The aeronautical regulations of Senegal.

It provides the operators with appropriate advice and guidance to enable them to properly discharge their obligations.


Article 5. -Exemptions

The Civil Aviation Authority may, under the conditions laid down by the applicable aeronautical regulations and in order to ensure the continuity of the operation of aircraft and/or aeronautical installations, grant an exemption or derogation Temporary provisions in force.

It establishes procedures for each area of activity where exemptions may be granted, subject to strict compliance with the criteria laid down in the applicable regulations.

Exemption procedures must indicate, in particular:

-registration and publication of exemptions;
-the criteria for conducting a risk assessment, analysis or study.


Article 6. -Supervisory staff-Civil Aviation Inspectors

The Civil Aviation Authority has a body of civil aviation inspectors, in accordance with the provisions of Article 15 of Law No. 2015-10 of 04 May 2015 on the Civil Aviation Code.

The body of civil aviation inspectors includes safety inspectors and security inspectors. Depending on the scope of aviation activity and national needs, the Civil Aviation Authority determines the specific areas in which civil aviation inspectors are specialised.

Civil aviation inspectors are responsible for the application of the supervisory tasks provided for in the legislation and regulations relating to civil aviation. They shall carry out their duties under the conditions laid down in the provisions of the Civil Aviation Code and its implementing regulations.

Civil aviation inspectors shall have the qualifications, skills, abilities and qualifications established by the Civil Aviation Authority, in accordance with the functions relating, in particular, to the authorisation, inspection, Monitoring and recognition of violations of aviation legislation and regulations.

The qualifications of the inspector must include, inter alia, moral integrity, impartiality, tact and interpersonal communication skills. Civil aviation inspectors are bound by professional secrecy.

The conditions and practical arrangements for the selection, appointment, training and employment of civil aviation inspectors shall be determined by decision of the Director-General of the Civil Aviation Authority following the approval of his body Deliberative. The Civil Aviation Authority also establishes a code of conduct to which civil aviation inspectors must comply.

It shall ensure that the conditions, including training, are in place, enabling the Civil Aviation Inspectors to acquire and maintain the qualifications, skills and qualifications required for the performance of their duties.

Civil aviation inspectors shall be provided with all the necessary logistics, equipment and equipment in order to carry out their duties in a standardized manner, in accordance with established requirements.

The Civil Aviation Authority shall ensure that the aviation inspectors have an identification card and any other document enabling them to access wherever they are required to carry out their duties. They may use in these places any equipment that enables them to obtain information relevant to the verification of compliance or which may be useful in the production of evidence of non-compliance or of an infringement of the provisions of the Civil Aviation Code.


Article 7. -Security Management

Pursuant to article 13 of Act No. 2015-10 of 04 May 2015 on the Civil Aviation Code, the Civil Aviation Authority develops and maintains a National Security Program (NSP) compatible with the scope and complexity of the Aeronautical activities in Senegal.

The objective of the National Security Program is to improve the safety of air operations on the national territory in order to achieve an acceptable level of safety performance.

The National Security Program includes, at a minimum, the following components:

(a) security policy and objectives;
(b) security risk management;
(c) security assurance;
(d) promotion of safety.

In accordance with the current provisions, a Security Management System (SMS) is implemented by each of the following service providers:

(a) approved training organizations that are exposed to safety risks related to the use of aircraft in the course of their operations;
(b) operators of aircraft authorized to carry out commercial transportation;
(c) authorized service organizations that provide services to commercial air carriers;
(d) air navigation service providers (ANS);
(e) certified aerodrome operators;
(f) the bodies responsible for the design of aircraft type or construction, if applicable.

Where circumstances require, the Civil Aviation Authority may require any other structure of the civil aviation sector, the development and implementation of a Security Management System (SMS).

The Civil Aviation Authority defines the acceptable level of safety performance to be achieved by service providers and other relevant structures.


Article 8. -Security objectives and policies

The general safety policy and objectives of the Civil Aviation Authority are indicated in the strategic plan and performance contract validated by its deliberative body.

The specific policy and objectives defined in accordance with the provisions of Annex 19 to the Convention on International Civil Aviation are indicated in the National Security Programme (NSP) and in the Aviation Regulations Relating to security management.


Article 9. -Information Assignments

The Civil Aviation Authority shall publish an official gazette in which the decisions, circulars, opinions, recommendations, notices and any other information shall be published and communicated to the public by all appropriate means Relevant in the context of its supervisory role.

It shall submit to the Minister responsible for civil aviation, by 30 June at the latest, an annual report summarising the activities carried out in the framework of this supervisory mission during the previous year. This report shall be made public by all appropriate means.


Article 10. -Funding for supervisory activities.

The operating and investment expenditure necessary for the implementation of the civil aviation supervision functions shall be borne by the autonomous budget of the Civil Aviation Authority, on the basis of the resources provided by the Civil Aviation Authority. Civil Aviation Code and its regulations.

Article 11. -Aircraft personnel titles.

Pursuant to the provisions of Articles 176 and 177 of the Civil Aviation Code, a person who is a member of the personnel responsible for the conduct of an aircraft shall be the holder of a patent and a valid certificate of fitness.

The conditions for the issuance of personnel licences are laid down in the Aviation Regulation for Personnel Licensing developed by the Civil Aviation Authority.

The list of patents and licences, the requirements for obtaining them, the regime, the programs and regulations of examinations, and the conditions for exemption are set out in the Personnel Licensing Regulations.

The Regulation also specifies the definition of special professional qualifications, their conditions for obtaining, renewing and withdrawing them, the programmes and the regulations of the corresponding examinations.

Article 12. -Validation of foreign authorisations

The Civil Aviation Authority may validate the licences, certificates, authorisations or approvals issued by another State Party to the Convention on International Civil Aviation, provided that the conditions governing the The issuing or validation of the certificate shall be equivalent to or greater than the conditions laid down in the applicable aeronautical regulation of Senegal.

It may also suspend, withdraw, or cancel a granted validation.


Article 13. -Categories of professional aircrew.

Civil aviation professional aircrew are classified in the categories provided for in the Personnel Licensing Regulations.


Rule 14 . - Length of work of professional seagoing personnel.

The working hours of professional seagoing personnel shall be fixed by the Aviation Regulation relating to the licenses of personnel, in accordance with the applicable international standards.


Article 15. -Non-professional aircrew.

Non-professional seagoing personnel must meet the established criteria and be equipped with the titles required by the Personnel Licensing Regulations.


Article 16. -Flight Carnet

Every holder of a licence shall be the holder of a flight book whose model is fixed by the Personnel Licensing Regulations and on which the nature and duration of the flights, the stages and the annotations, or Possible comments by the Civil Aviation Authority or the instructors and examiners.

The flight book shall be communicated to the supervisory authorities and to the competent services, on their request, in particular at the time of issue, renewal or validation of the licence or qualification.


Article 17. -Aviation training schools

The conditions for the establishment of a training school for aviation personnel shall be determined by order of the Minister responsible for civil aviation.

The Civil Aviation Authority may establish training schools in the fields of civil aviation in accordance with the conditions and criteria established by the applicable Aviation Regulations. Where appropriate, these schools shall be subject to the supervision procedures applicable to the aeronautical training schools.


Article 18. -Licensing of aeronautical physicians

Medical examiners and medical centres of expertise of staff whose employment is subject to the holding of a licence must have an authorisation issued by the Civil Aviation Authority. The conditions for the issuance of these approvals are determined in the Personnel Licensing Regulations.


Article 19. -Airworthiness of aircraft

An aircraft may be authorized to operate flights only if i1 has a certificate of airworthiness in accordance with a code of airworthiness, applicable to the aircraft type.

All aircraft used for navigation must have a valid certificate of registration and a valid certificate of airworthiness on board.

The Civil Aviation Authority issues a certificate of airworthiness to aircraft registered in Senegal. The minimum airworthiness specifications are set out in the Aircraft Airworthiness Regulations.

It may also validate a certificate of airworthiness issued by the State in which the aircraft concerned is registered, provided that the conditions governing the issue or validation of the certificate are equivalent to or greater than the Conditions laid down in the applicable Senegalese aeronautical regulations.

The Civil Aviation Authority shall ensure that all aircraft on the National Register of Registration comply with the corresponding prototype and that they are maintained in good condition for the duration of their useful life.

The Civil Aviation Authority may delegate certain airworthiness-related functions to authorised bodies, provided that these bodies fulfil the criteria laid down in this regard. It may also transfer these functions to another State under the provisions of the relevant conventions.

The conditions for the issuance of airworthiness certificates for aircraft shall be laid down in the Airworthiness Aviation Regulation drawn up by the Civil Aviation Authority. This Regulation also sets out the conditions for the issuance and maintenance of the validity of airworthiness documents.

The costs associated with the controls required for the issuance or maintenance of the airworthiness certificate of the aircraft shall be borne by the owners or operators under the conditions laid down by decree.


Article 20. -Air traffic

The provisions relating to the regulation of air traffic, as well as the powers and functions of civil air traffic services, are the subject of Aviation Regulations. The Regulations also set out the rules for the use of aircraft on the manoeuvring areas of airfields and aircraft in flight.


Article 21. -General air traffic coordination and military operational traffic

The provisions for coordination between general air traffic and military operational traffic are specified in the Air Traffic Services Regulations.


Article 22. -Conditions of operation of aircraft

The operational rules and technical terms and conditions of employment of aircraft shall be defined by the Aircraft Technical Operations Regulations in accordance with the regulations in force.

The Civil Aviation Authority shall issue an air operator permit to air transport operators, provided that they comply with the requirements of the Aircraft Technical Operating Regulations.

It oversees the technical operations of all aircraft operators in the territory. As such, it is responsible for:

(a) ensure that the air operator is capable of ensuring the safety and efficiency of flights, before the commencement of a civil aviation flight;
(b) ensure that the air operator is capable of flying in accordance with the criteria of the original permit, on an ongoing basis;
(c) take appropriate and appropriate measures to address the safety issues that are identified with respect to aircraft maintenance, the technical operation of flights and other responsibilities of the air operator, including Acts of the operator's staff.

Article 23. -Registration of aircraft

The rules applicable to the establishment and maintenance of registration registers, the conditions of change, registration, refusal of registration, suspension, cancellation and re-registration, as well as the proof of registration in the Register shall be fixed by the Aviation Regulations relating to the nationality and registration of aircraft.

The said Regulations also indicate which marks are to be registered on an aircraft.


Article 24. -Air transport of dangerous goods

The conditions of carriage of dangerous goods by air within the meaning of the provisions of Article 86 of the Code of Civil Aviation shall be laid down in the Aviation Regulation on dangerous goods.


Article 25. -Aeronautical telecommunications.

The regulation, operation, composition, object of aeronautical telecommunications and control of stations are specified in the Aeronautical Telecommunications Regulations.

Pursuant to Article 88 of the Civil Aviation Code, any aircraft assigned to a public transport service or to private air services shall be equipped with the radio apparatus necessary for the safety of flights under conditions Determined by the Aircraft Technical Operating Regulations.


Article 26. -Metric Units

The units of measurement which shall be used in the operation in flight and on the ground in Senegal and in the airspace entrusted to it shall be determined by the Aviation Regulation relating to the units of measures provided for in Article 3 of the present Decree.


Article 27. -Aerodromes

Unless otherwise specified by decree, aircraft shall only take off or land at an aerodrome duly created and operated in accordance with the national regulations in force.

The conditions for creation, establishment, classification, certification, open air traffic, operation and closure of aerodromes in the territory of Senegal shall be fixed by decree.

The same decree shall indicate the conditions under which clearance zones are established at the aerodromes concerned, the arrangements for the charging of costs relating to the implementation of aeronautical easements and the conditions for cancellation or Modifications to facilities that constitute obstacles to air navigation.

Article 28. -Operational monitoring

The Civil Aviation Authority shall carry out continuous monitoring of operations in order to ensure that accepted safety practices and appropriate procedures are maintained which promote safe operation in accordance with the Legislation and regulations in force.

To achieve this objective, Civil Aviation Authority inspectors continuously monitor the activities of licensees, permits, certificates or other approvals, as the case may be.

In the course of the exercise of their missions, the inspectors of the Civil Aviation Authority shall have the powers provided for in the Civil Aviation Code, in particular, access to aircraft, land, premises for professional use, Equipment, facilities where controlled or inspected activities are carried out, and documents of any nature relating to the operations for which control or inspection is exercised.

Monitoring of the operation may be carried out unexpectedly or on the basis of a pre-established programme.

As part of its monitoring missions, the Civil Aviation Authority performs the checks, analyses the operation, detects deficiencies, makes recommendations, imposes operating restrictions in accordance with Applicable regulations.

Civil aviation inspectors have the following prerogatives:

(a) to take precautionary measures in the event of a security or safety risk;
(b) identify violations and breaches of the provisions of the Civil Aviation Code and its regulations;
(c) propose administrative sanctions for breaches of certain provisions of the Civil Aviation Code and its implementing regulations.

The Civil Aviation Authority may delegate to a natural person or technical body certain supervisory powers, under the conditions laid down in the Civil Aviation Code and its implementing regulations. The authorised person or technical body shall present all the guarantees of fitness and independence in relation to the operators of the civil aviation subject to the controls and shall make use of procedures and documents in accordance with the National regulations.

Article 29. -Resolution of security problems.

In the event that a natural or legal person contravening the legislation and the regulations relating to the civil aviation in force, the Civil Aviation Authority may impose a fine or an aeronautical penalty in accordance with Article 4 of the Civil Aviation Code or pronounce, for all or part of the activities carried out, the suspension or withdrawal of the approvals or authorisations granted.

The amounts of fines or penalties which are not provided for in the Civil Aviation Code shall be determined by joint order of the Minister responsible for civil aviation and the Minister responsible for finance.

Where operational monitoring indicates that a licence holder, qualification, permit, certificate or other approval has not complied with the applicable specifications, the Civil Aviation Authority shall notify the The time required for the implementation of corrective measures.

If the holder of a licence, qualification, permit, certificate or other approval cannot resolve the identified problem within the prescribed time limit, the Civil Aviation Authority shall take the necessary measures and, as appropriate, Cancels, temporarily or permanently, suspends or revoked the privileges of the holder.

It may, where appropriate, amend the corresponding operating specifications.

In the event of cancellation or revocation, for any reason, the holder shall, without delay, furnish to the Civil Aviation Authority the licence, qualification, permit, certificate or approval granted to it.

The Civil Aviation Authority establishes an appropriate process to analyse the problems identified.


Article 30. -Security Recommendations

The Civil Aviation Authority shall ensure that security event reporting systems are in place. Reporting systems shall, as far as possible, encourage the spontaneous participation of the staff concerned.

Accident investigations and analyses of safety events and supervisory activities give rise to safety recommendations.

Security events must be collected and processed in order to facilitate their operation in the context of improving security performance and the exchange of safety information under the conditions laid down in the standards International in force.

Article 31. -Accidents and serious incidents

Technical investigations relating to serious aviation accidents and incidents fall within the competence of the Bureau of Investigation and Analysis for the Safety of Civil Aviation (BEA) whose organisational and operating rules are laid down by Decree.

Public administrations and private organisations involved in the civil aviation sector are obliged to contribute to investigations and provide assistance to the investigative body in strict compliance with the conditions laid down by the Legislative and regulatory provisions in force.

The Office of Investigation and Analysis (BEA) for the safety of civil aviation shall notify the International Civil Aviation Organization (ICAO) and the States concerned of serious accidents or incidents which have occurred on Senegalese territory or in the Places entrusted and publishes reports of accidents or serious incidents according to the conditions laid down in the Convention on International Air-civlitis and international standards in force.


Article 32. -Final provisions

The Minister responsible for civil aviation shall specify by ministerial order or by inter-ministerial order, in relation to the ministers concerned, the other provisions of the Civil Aviation Code relating to the safety of civil aviation.

Any previous provisions to the contrary shall be repealed.

The Minister in charge of the Armed Forces, the Minister responsible for the Interior and Public Safety, the Minister in charge of the Economy and Finance, the Minister responsible for Habitat and the Living Framework, the Minister responsible for posts and Telecommunications and the Minister responsible for Civil Aviation shall each have responsibility for the application of this Decree, which shall be published in the Official Gazette.

Done at Dakar, 21 December 2015

Macky SALL.
The President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE