Ministry of tourism and air transport Decree No. 2015 - 1968 21 December 2015 Decree No. 2015 - 1968 21 December 2015 laying down the framework for Supervision of the safety of Civil Aviation in Senegal the President of the Republic, pursuant to the Constitution;
Having regard to the Convention of international civil aviation signed at Chicago on 7 December 1944 and its annexes;
Having regard to Regulation No 08/2013/CM/UEMOA of 26 September 2013 on the adoption of the Community Code on civil aviation of the Member States of WAEMU;
PURSUANT to law No. 2015 - 10 May 04, 2015 on civil aviation Code;
Having regard to Decree No. 2011 - 1055 on 28 July 2011 establishing and laying down the rules of organisation and operation of the national agency of Civil Aviation and meteorology, amended by Decree No. 2015-981 10 July 2015;
Having regard to Decree No. 2014 - 845 06 July 2014 appointing the Prime Minister;
Mindful of Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2015-299 06 March 2015.
Having regard to Decree No. 2014 - 887 22 July 2014 determining the functions of the Minister of tourism and air transport;
Having regard to Decree No. 2015 - 855 of 22 June 2015 on the Composition of the Government.
The report of the Minister of tourism and air transport, decreed: Article 1. -Object this order is designed to lay down the procedure for the application of the provisions of Act No. 2015-10 May 04, 2015, the civil aviation code, relating to the supervision of the safety of international civil aviation in Senegal, in accordance with the provisions of the Chicago Convention on civil aviation.
Section 2. -Authority competent the national agency of Civil Aviation and meteorology (ANACIM) is the competent authority for supervision of the safety of civil aviation on the territory of the Republic of Senegal.
When other functions, in relation to civil aviation, are entrusted to the Civil Aviation Authority, the internal organisation thereof is established to ensure a separation of the functions of supervision and service delivery functions.
Natural or legal persons. whose activity is subject to an authorization of the Civil Aviation Authority are required to comply with specifications laid down by it by virtue of the provisions of the Code of civil aviation and its implementing regulations.
Article 3. -Specific aeronautical regulations operational activities of civil aviation on the national territory subject to specific technical regulations consistent with the standards and recommended practices in the annexes to the Convention of international civil aviation.
Pursuant to article 2 of law No. 2015-10 / 04 may 2015 code of civil aviation, the Civil Aviation Authority develops, updates and disseminates specific technical regulations.
Those regulations have the title of 'Aeronautical regulations of Senegal' and contain the specifications relating to the following areas: 1. the personnel licensing;
2 rules of the air;
3. meteorological assistance to air navigation;
4 aeronautical charts;
5 units of measurement to be used in the operation in flight and on the ground;
6. technical operation of aircraft;
7 marks of nationality and of registration of the aircraft;
8 airworthiness of aircraft;
10 aeronautical telecommunications;
11 air traffic services;
I2. services of search and rescue;
13 investigation of accidents and incidents of aviation;
15 aeronautical information services;
I6. protection of the environment;
I7. security - protection of civil aviation against unlawful acts of interference;
I8. safety of transport of dangerous goods by air;
19 safety management.
Upon the entry into force of a new standard or an amendment to an existing standard, the Civil Aviation Authority updates the relevant national provisions. It identifies the differences between the standard or recommended practice and national legislation in force.
Where appropriate, it shall notify these differences to the International Civil Aviation Organization and proceeded to their publication, 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 which is the subject of aeronautical regulations of Senegal y matter.
If necessary, the provisions of the specific aeronautical regulations can be specified by decisions, directives, circulars and instructions developed by the Civil Aviation Authority.
Aeronautical Regulations of Senegal are approved by order of the Minister responsible for civil aviation.
Article 4. -Issuance of licenses, certification, authorization and approval by the Civil Aviation Authority shall issue, as applicable, approvals, certificates, licences, patents, authorizations and approvals to aircraft, agencies and civil aviation staff concerned, in compliance with the specifications laid down by the aeronautical regulations of Senegal.
It provides operators advice and the relevant guidelines to enable them to carry out properly their obligations.
Article 5 -Exemptions the authority of Civil Aviation may, under the conditions laid down by the applicable aeronautical regulations and to ensure the continuity of the operation of the aircraft or aeronautical facilities, grant an exemption or a temporary derogation from the provisions in force.
It establishes procedures for each area of activity where exemptions may be granted, subject to strict compliance with the criteria established by the applicable regulations.
exemption procedures must indicate, in particular:-the registration and publication of exemptions;
-the criteria for the conduct of an evaluation, analysis or the study of the risks.
Section 6. -Supervisory staff - inspectors of the civil aviation authority of Civil Aviation has a body of civil aviation inspectors, in accordance with the provisions of article 15 of Act No. 2015-10 May 04, 2015, civil aviation code.
the body of civil aviation inspectors includes safety and security inspectors inspectors. Based on the scope of aeronautical activity and national needs, the Civil Aviation Authority determines the specific areas in which civil aviation inspectors are specialized.
civil aviation inspectors are responsible for the implementation of supervision missions provided for by the laws and regulations relating to civil aviation. They perform their tasks under the conditions laid down by the provisions of the Code of civil aviation and its implementing regulations.
Civil aviation inspectors should have qualifications, skills, the skills and the qualifications established by the authority of the Civil Aviation, in line with the related functions, inter alia, the authority, inspection, monitoring and recognition of aviation legislation and regulatory offences.
Inspector qualifications must include, inter alia, moral integrity, impartiality, tact and interpersonal communication skills. Civil aviation inspectors are held to professional secrecy.
The conditions and practical modalities of selection, appointment, training and use of civil aviation inspectors are fixed by decision of the Director-general of the Civil Aviation Authority after approval of its legislative body. The Civil Aviation Authority also establishes a code of ethics to which civil aviation inspectors must comply.
It shall set up conditions, including training, allowing inspectors to civil aviation to acquire and maintain the qualifications, skills and qualifications required for the exercise of their functions.
Civil aviation inspectors shall be provided of all the logistics, tooling and the equipment necessary to fulfil their functions in a standardized manner, in accordance with the established requirements.
The Civil Aviation Authority ensures that aviation inspectors have a card identification and any other document access in all places where they carry out their missions. They can use any equipment that allows them to obtain useful information for verification of compliance or which may be useful for the production of evidence of non-compliance or of an offence under the provisions of the civil aviation Code in these places.
Section 7. -Safety management in application of article 13 of Act No. 2015-10 May 04, 2015, on civil aviation, the Civil Aviation Authority Code develops and maintains a national program of security (PNS) 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 to achieve an acceptable level of safety performance.
National safety program comprises at least the following components: a) political and objective security.
(b) management of security risks;
(c) safety assurance;
(d) promotion of security.
Pursuant the provisions in force, a management system (SMS) security is implemented by each of the service providers below: a) approved training bodies and who are exposed to security risks related to the use of aircraft in their activities;
(b) aircraft operators authorized to perform commercial transportation;
c) approved maintenance organizations that provide services to operators of commercial air transport aircraft;
d) navigation service providers air (years);
e) operators of aerodromes certified;
(f) bodies responsible for the design type or construction of aircraft, if applicable).
When the circumstances so require, the Civil Aviation Authority may require any other structure of the civil aviation sector, the development and implementation of a management system of security (SGS).
The Civil Aviation Authority sets the acceptable level of safety performance to be achieved by service providers and other relevant structures.
Section 8. -Objectives and political security policy and the General objectives of security of the Civil Aviation Authority are indicated in the strategic plan and the contract's performance validated by its body deliberating.
The policy and the specific objectives defined in accordance with the provisions of annex 19 to the Convention of international civil aviation are indicated in the national security (PNS) Programme and in aviation safety management regulation.
Article 9 -Powers informative Civil Aviation Authority publishes an official bulletin in which are published and brought to the knowledge of the public, by all appropriate means, the decisions, circulars, notices, recommendations, remains and any other relevant information as part of its supervision.
It shall submit to the Minister responsible for civil aviation, no later than 30 June, an annual report summarizing the activities carried out as part of this mission of supervision during the previous year. This report is made public by all appropriate means.
Section 10. -Financing of the supervisory activities.
Operating and capital expenditures necessary for the implementation of the functions of supervision of civil aviation are supported by the autonomous budget of the the Civil Aviation Authority, on the basis of the resources provided for in the Code of civil aviation and its implementing regulations.
Section 11. -Titles of aeronautical personnel.
Pursuant to the provisions of articles 176 and 177 of the civil aviation Code, any person part of the staff responsible for the conduct of an aircraft must be holder of a patent and licensed to ability valid.
Personnel licensing conditions are laid down in the aviation regulation at the personnel licensing developed by the Civil Aviation Authority.
The list of patents and licences, the conditions required for obtaining them, the plan, programs and examinations regulations as well as the terms and conditions of exemption are set by aeronautical personnel licensing regulation.
The regulation also specifies the definition of special professional qualifications, their eligibility, renewal and withdrawal, the programs and regulations of the corresponding examinations.
Section 12. -Validation of the foreign Civil Aviation Authority permissions can validate licenses, certificates, permissions or approvals issued by another State party to the International Convention on Civil Aviation provided that the conditions which governed the granting or validation of the certificate are equivalent to or greater than the requirements of aeronautical regulations of applicable Senegal.
It can also suspend, revoke or cancel a granted validation.
Article 13. -Categories of professional personnel.
Professional civil aviation aircrew is classified in the categories laid down in the aviation regulation at the personnel licensing.
Section 14. -Duration of the work of professional aircrew.
The duration of the work of professional aircrew is set by aeronautical personnel licences regulation, in compliance with applicable international standards.
Section 15. -Non-professional aircrew.
Non-professional aircrew must meet the established criteria and be provided with the qualifications required by aviation personnel licensing regulation.
Section 16. -Logbook any holder of a licence must be in possession of a book of which the model is determined by aeronautical personnel licensing regulation and flight on which are listed the nature and the duration of flights, the steps and annotations or comments of the authority of the Civil Aviation or instructors and examiners.
The logbook must be communicated to control services and to the competent authorities, at their request, including the issuance, renewal or validation of the licence or rating.
Article 17. -Aviation training schools the conditions for establishment of a school of aeronautical personnel training are determined by order of the Minister responsible for Civil Aviation.
The Civil Aviation Authority can create training schools in the areas of civil aviation according to the criteria established by the applicable aeronautical regulations and conditions. where appropriate, these schools are subject to the supervision procedures applicable to aeronautical training schools.
Section 18. -Approval of aeronautical doctors medical examiners and centres of medical expertise of staff whose employment is subject to possession of a licence must have an approval issued by the Civil Aviation Authority. The conditions for the issuance of approvals are determined in the aeronautical personnel licensing regulation.
Section 19. -Airworthiness of aircraft an aircraft cannot be allowed to operate flights only if i1 features of a certificate of airworthiness in accordance with a code of airworthiness, applicable to the aircraft type.
Any aircraft used navigation must have on board a certificate of registration and a certificate of airworthiness valid.
The Civil Aviation Authority shall issue a certificate of airworthiness to aircraft registered in Senegal. The minimum airworthiness specifications are laid down in the aviation regulation for the airworthiness of the aircraft.
It can also validate a certificate of airworthiness issued by the State in which the aircraft concerned is registered subject to the conditions which governed the granting or validation of the certificate are equivalent to or greater than the requirements of aeronautical regulations of applicable Senegal.
The Civil Aviation Authority shall ensure that all aircraft registered on the national register are consistent with the prototype matching and that they are maintained in good flying condition for the duration of their useful life.
The Civil Aviation Authority may delegate certain functions related to airworthiness to authorised bodies, subject that these organizations meet the criteria established on the subject. It can also transfer these functions to another State under the provisions of the relevant conventions.
For the issuance of certificates of airworthiness of aircraft are laid down in the aviation regulation for airworthiness developed by the Civil Aviation Authority. This regulation also indicate the conditions of issuance and maintenance of validity of airworthiness documents.
The costs of the controls required for the issue or continuation of the certificate of airworthiness of aircraft are borne by owners or operators under the conditions laid down by Decree.
Section 20. -Air traffic the provisions relating to the regulation of traffic as well as the functions and the role of civilian air traffic services are under aviation regulations. These regulations also set the rules for the use of aircraft on manoeuvring areas of aerodromes and aircraft in flight.
Section 21. -Coordination general air traffic and military operational traffic provisions relating to coordination between the general air traffic and military operational traffic are specified by the aviation regulation for air traffic services.
Section 22. -Operating conditions of the aircraft operational rules and technical conditions of use of aircraft are defined by aeronautical regulation on the technical operation of the aircraft, in accordance with the regulatory provisions in force.
The Civil Aviation Authority shall issue to operators of air transport services air operating permits, provided that they comply with the specifications of the aeronautical regulation for the technical operation of aircraft.
It supervises the activities of technical operation of all operators of aircraft on the territory. As such, it is responsible for: a) ensure that the operator air is capable of ensuring the safety and efficiency of flights, before the commencement of a civil aviation flight;
b) ensuring that the operator air is able to carry out flights in accordance with the criteria of the original permit, on a basis continues;
(c) take the measures necessary to resolve the security issues that are found on the maintenance of the aircraft, the technical operation of the flights and other responsibilities of the air operator, including acts of operator personnel and timely.
Section 23. -Registration of aircraft the rules applicable to the establishment and maintenance of the registers, the conditions of modifications, registration, refusal of registration, suspension, cancellation and reinstatement and registration credentials to the registry are set by the aviation regulation marks of nationality and of registration of the aircraft.
That regulation also shows the brands that should be listed on an aircraft.
Section 24. -Air transport of dangerous goods the conditions of air transport of dangerous goods, within the meaning of the provisions of article 86 of the Code of civil aviation, are fixed parl e aeronautical regulations for dangerous goods.
Section 25. -Aeronautical telecommunications.
Regulation, the operation, the composition, the purpose of aeronautical telecommunications and control stations are specified by the aviation regulation on aeronautical telecommunications.
Pursuant to article 88 of the Code of civil aviation, aircraft assigned to a public transport service or private air services shall be fitted of radiocommunication apparatus necessary for the safety of flights in the conditions determined by the aeronautical regulation for the technical operation of aircraft.
Section 26. -Units of measurement units of measurement to be used in the operation in flight and on the ground in Senegal and in the air spaces which are entrusted are determined by aeronautical regulations relating to units of measurement, provided for in article 3 of this Decree.
Section 27. -Aerodromes unless otherwise laid down by Decree, aircraft cannot take off or land at an aerodrome duly established and operated in accordance with the national regulations in force.
The conditions of creation, establishment, classification, certification, opening to the public air traffic, operating and closing of the airfields on the territory of Senegal are fixed by Decree.
The order indicates the conditions in which release areas are established to concerned aerodromes, the modalities of support costs related to the implementation of aeronautical easements and the conditions of removal or alteration of plants which constitute obstacles to the air navigation.
Section 28. -Civil Aviation Authority operations monitoring exercises continuous supervision over the operations in order to ensure that remain accepted security practices and procedures that promote the safety of the operation in accordance with the legislative and regulatory provisions in force.
To achieve this objective, the Civil Aviation Authority inspectors monitor continuously the activities of holders of licences, permits, certificates or other approvals, as appropriate.
In the exercise of their missions, the Civil Aviation Authority inspectors have the prerogatives laid down by the civil aviation Code, inter alia, access to aircraft, to land, to the business premises, equipment, installations where controlled activities are carried out or inspected and documents of any nature in connection with operations for which the control or inspection is exercised.
Monitoring of the operation may be unexpectedly or on the basis of a pre-established program.
In the context of its monitoring missions, the Civil Aviation Authority performs the checks, analysis operation, detects deficiencies, makes recommendations, imposes restrictions of operating in accordance with the applicable regulations.
Civil aviation inspectors have the following powers: a) take protective measures in the event of risk to safety or security;
(b) Note the offences and breaches of the provisions of the law on civil aviation Code and its implementing regulations;
(c) propose administrative sanctions for violations of certain provisions of the law on the Code of civil aviation and its implementing regulations.
The Civil Aviation Authority may delegate to a natural person or a technical body certain powers of surveillance, under the conditions laid down by the Code of civil aviation and its implementing regulations. The person or the authorized technical body should present all warranties of fitness and independence from civil aviation operators covered by the controls and use procedures and documents that conform to national regulations.
Section 29. -Resolution of security issues.
In the event of a natural or legal person contravenes the legislation and the regulations for civil aviation in force, the Civil Aviation Authority may impose a fine or an aeronautical penalty in accordance with article 4 of the Code of civil aviation or pronounce, for all or part of their activities, the suspension or withdrawal of approvals or authorizations granted.
The amounts of fines or penalties that are not provided for by the Code of civil aviation are determined by joint order of the Minister responsible for civil aviation and the Minister responsible for finance.
When operations monitoring activities indicate as a licensee, qualification, permit, certificate or other approval has failed the specifications in force, the Civil Aviation Authority must notify the licensee and the deadlines required for the implementation of corrective measures.
If the licensee licensed, a qualification, a permit, certificate or other approval cannot resolve the problem identified in the prescribed period, the Civil Aviation Authority takes measures that are necessary and as appropriate, cancel, limit temporarily or permanent, suspends, or revokes the privileges of the holder.
It may, if necessary, amend the corresponding operating specifications.
In case of cancellation or revocation for any reason whatsoever, the licensee shall provide, without delay, the Civil Aviation Authority licence, qualification, permit, certificate or approval that has been issued to him.
The Civil Aviation Authority establishes an appropriate process for analysing the problems identified.
Article 30. -Safety recommendations the Civil Aviation Authority should ensure that it is in systems of reporting of security events. Record systems must, to the extent possible, encourage the spontaneous participation of the concerned personnel.
Investigations on accidents and security event analysis and oversight activities give rise to safety recommendations.
Security events must be collected and treated so as to facilitate their exploitation in the context of the improvement of the performance of security and the exchange of safety information in accordance with the international standards.
Section 31. -Accidents and serious incidents the technical investigation of accidents and serious incidents of aviation under the jurisdiction the Office of investigation and analysis for aviation safety civil (BEA) whose organizational and operating rules established by Decree.
Public administrations and private organizations active in the sector of civil aviation are required to contribute to the investigation and to provide assistance to the investigative body in the strict respect of 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 Organization of International Civil Aviation (ICAO) and the States concerned, accidents or serious incidents occurring on the territory of Senegal or entrusted spaces and publishes reports of accidents or serious incidents according to the conditions defined by the Convention on the international civite aviatlon and international standards in force.
Section 32. -Final provisions the Minister in charge of specific civil aviation by ministerial or inter-ministerial decree, in relation to the relevant Ministers, the other provisions of the Code of civil aviation concerning the safety of civil aviation.
Shall be repealed all previous provisions contrary effect.
The Minister in charge of the Armed Forces, the Minister in charge of the Interior and public security, the Minister in charge of economy and finance, the Minister in charge of housing and the living environment, the Minister in charge of posts and Telecommunications and the Minister in charge of Civil Aviation are responsible, each in relation to , from the application of this Decree which shall be published in the official journal.
Made in Dakar, December 21, 2015 Macky SALL.
The President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE