Ministry of tourism and air transport Decree No. 2015 - 1969 21 December 2015 Decree No. 2015 - 1969 21 December 2015 organizing the national system of supervision of the President of the Republic saw the Constitution civil aviation security;
Having regard to the Convention on International Civil Aviation, signed at Chicago, on 07 December 1944 and its annexes;
Having regard to the Treaty of 10 January 1994 on the establishment of the West African Monetary and economic Union;
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;
Having regard to Regulation No 11/2005/CM/UEMOA of September 16, 2005, relating to the safety of civil aviation within the Member States of WAEMU, as amended by Regulation No 10/2013/CM/UEMOA of 26 September 2013;
Having regard to decision No. 11/2013/CM/UEMOA of 26 September 2013 adopting the procedures and practices of security within the Member States of WAEMU;
PURSUANT to law No. 2015 - 10 May 04, 2015 on civil aviation Code;
Mindful of 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 in article 1;
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, national companies and companies 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. -General provisions this Decree is designed to organize the national system of supervision of the safety of civil aviation, whose objective is to ensure the protection of passengers, crews, ground personnel and the public against acts of unlawful interference in civil aviation.
Section 2. (-Scope the provisions of this Decree shall apply: a) all airports or parts of airports located in the territory of Senegal, with the exception of the airports or parts of airports which are used exclusively for military purposes;
(b) to all aircraft operators providing services to departure and/or arrival airports referred to in point a;
c) all operators providing services at airports referred to in point a);
(d) to all entities that occupy premises located inside or outside airport buildings and providing goods and/or services to the entities referred to in points a), b) and (c));
(e) to any natural or legal person expressly covered by the provisions of this order or its implementing rules.
Article 3. -Definitions for the purposes of this order, the terms and expressions used have the meanings stated in the Convention of international civil aviation and its annexes or in the relevant documents published by the International Civil Aviation Organization.
Article 4. -Authority competent the national agency of Civil Aviation and of the meteorology (ANACIM), in its capacity as the civil aviation authority, is the competent national authority for supervision of the safety of civil aviation, within the meaning of the International Civil Aviation Organization.
As such, it has, inter alia, the power:-to define the requirements for aviation security in accordance with the provisions of Annex 17 to the Chicago Convention on international civil aviation;
-to issue decisions, circulars or directives to require the implementation of security measures, in compliance with the provisions of the code of civil aviation and its implementing regulations; and - ensure the functions of supervision of the implementation of policies and requirements for civil aviation security.
Article 5 -National programme of safety of Civil Aviation (PNSAC) the Civil Aviation Authority is responsible to develop, implement and maintain a national program of Aviation Security calendar meets the specifications of Annex 17 to the Convention of Chicago on civil aviation international.
The national Civil Aviation Security program is designed to protect the operations of civil aviation against acts of unlawful interference, through regulations, practices and procedures that take into account safety, regularity and efficiency of flights.
The Civil Aviation Authority constantly re-evaluate the level of the threat to civil aviation and takes appropriate measures to adjust the relevant elements of the national Civil Aviation Security Programme, based on the assessment of the security risks.
The competent departments concerned provide the Civil Aviation Authority any relevant information related to a threat against civil aviation.
The national Civil Aviation Security Programme is approved by order of the Minister responsible for civil aviation.
Section 6. -Distribution of responsibilities the Civil Aviation Authority sets, distributes tasks and coordinates activities between services and other State agencies, airports and operators of aircraft, air traffic service providers and other entities involved in or responsible for the implementation of the various aspects of the national Civil Aviation Security Programme.
The role of each entity is specified in the national Civil Aviation Security Programme.
The Civil Aviation Authority warns the relevant parts of the national Programme for security of Civil Aviation at the disposal of each entity concerned with its implementation.
Section 7. -Security measures security measures specified in the national Civil Aviation Security program to prevent that weapons, explosives or other equipment, article or dangerous substances which may be used to commit an act of unlawful interference and which port or transport is not allowed, only are introduced, by any means whatsoever on Board of an aircraft performing a civil aviation flight.
Basic measures, practices and procedures of civil aviation security are the subject of a developed Aviation Regulation published and updated by the the Civil Aviation Authority in accordance with article 2 of Act No. 2015 disposistions - 10 of 04 may 2015 code of civil aviation and its implementing rules.
Section 8. -Civil Aviation Authority derogations may, under the conditions defined by the applicable aeronautical regulations and to ensure the continuity of the operation of the aircraft or aeronautical facilities, grant exemptions or derogations from the measures referred to in article 7 of this Decree.
It establishes procedures for each area of activity where exemptions or derogations may be granted, subject to strict compliance with the criteria established by the applicable aeronautical regulations.
Exemption or derogation procedures must indicate, in particular:-the registration and publication of the exemptions or derogations;
-the criteria for the conduct of an evaluation, analysis or the study of the risks.
Article 9 -Implementation of security measures at airports at the level of each airports governed by the provisions of this Decree, the operator of the airport is responsible for, inter alia:-all functions related to the safety of airport operations;
-for the coordination of the implementation of security at the airport level controls, such as prescribed by the relevant provisions of the national Civil Aviation Security Programme;
-the functioning of the Airport Security Committee to contribute to the coordination of the implementation of controls and security procedures provided for by the national Civil Aviation Security Programme;
-from the application of any statutory or regulatory relating to the safety of civil aviation including the implementation is responsible.
The airport operator may delegate his duties as security to a private entity under the conditions defined by a specification approved by order of the Prime Minister.
When safety functions are delegated to a national administration, it must be created by a decree which specifies the functions delegated as well as the airports concerned. This administration should ensure that the level of implementation is uniform on all airports where it exercises the functions assigned to him.
It can implement operational activities which are delegated to him, either directly, or through an authorized service provider.
Security activities delegated to a public authority or a private entity subject to a contract of performance between the parties concerned.
Section 10. -Program of safety of operators and service providers all the entities referred to in article 2 of this Decree and having responsibilities in the implementation of the national Civil Aviation Security Programme to develop, implement and maintain a safety program.
The program describes methods and procedures to be followed by the entity concerned to comply with the provisions of this order and those of the national Civil Aviation Security Programme.
The program also includes provisions for the internal quality control, describing the manner in which the entity ensures itself comply with security measures approved by the Civil Aviation Authority.
Each concerned entity security programme is submitted to the authority of the Civil Aviation for approval following a mechanism and procedures established.
An entity responsible for the implementation of relevant elements of the national Civil Aviation Security Programme cannot delegate its functions to an external provider under the conditions laid down by order of the Minister responsible for civil aviation. The entity concerned periodically checks that the implementation of security measures outsourced complies with specifications in effect.
When conditions so require, especially depending on the evolution of relevant international standards, the Civil Aviation Authority requires the entities concerned the development and implementation of all programs, systems or additional measures intended to adapt the national civil aviation security policy in the international context.
Section 11. -Training in civil aviation Civil Aviation Authority security develops and implements a national Civil Aviation (PNFSAC) security training program to ensure that all those involved in the implementation of the national Civil Aviation Security Programme are sensitized to issues of safety and receive training appropriate to their duties.
Each institution should develop a training programme to the security of civil aviation for its staff.
Said training program is subject to the approval of the Civil Aviation Authority.
The persons responsible for issuing the training provided by the national Civil Aviation Security training program are certified according to the requirements established by the authority pursuant to the provisions of the domestic legislation in force and Civil Aviation.
Section 12. -Staff implementation persons who implement security measures must be subject to background checks carried out by the competent national departments.
They must be properly trained and must have the skills required to perform their duties. Criteria training and competence as well as individual cases of such persons must be subject to ongoing monitoring.
The authority of the civil Aviatlon determines the categories of personnel of security which must be the subject of a clearance or certification to ensure the reliable and systematic application of performance standards. This category shall include, at a minimum, persons responsible for screening, of the staff training and quality control activities.
Article 13. -Quality control of the safety of civil aviation airports and the other entities referred to in article 2 of this order subject to continuous monitoring by the Civil Aviation Authority.
Pursuant to the provisions of article 13 of law 2015-10 / 04 may 2015 with code of civil aviation, the Civil Aviation Authority develops, implements and maintains a national Programme of control of the quality of the safety of Civil Aviation (PNCQSAC) to assess the implementation and effectiveness of the national Programme of safety of Civil Aviation (PNSAC).
The Civil Aviation Authority shall undertake regular audits of compliance of security measures by means of inspections, audits, surveys and tests.
Compliance audits may be unannounced or announced in advance. Priorities and the frequency of the checks are based on a risk assessment.
Any entity responsible for the coordination of the security of an airport shall develop and implement an internal quality control program.
It passes the quality control reports to the Civil Aviation Authority.
Section 14. -Staff supervisory compliance checks are carried out by the civil aviation security inspectors. They can be performed by physical or legal persons duly authorised by the authority of Civil Aviation under the legislative and regulatory provisions in force.
Civil aviation safety inspectors must be trained in accordance with specifications set by the Civil Aviation Authority and have all the skills and clearances necessary for the exercise of this function.
They are vested with all the powers necessary to obtain the information they need in the context of the exercise of their missions.
Pursuant to the provisions of the code of civil aviation, the civil aviation security inspectors have the following prerogatives, including: a) inspect any civil aircraft registered or operated in the territory for the purpose of assessing safety procedures;
(b) inspect any part of an airport situated in the territory;
(c) inspect all terrain or areas located outside an airport and used by companies that operate in this airport;
d) enter an airport restricted areas and submit to any good compliance audits found in these areas.
(e) examine and verify the effectiveness of the measures and safety procedures;
(f) request to an aircraft operator, an operator of airport or an occupant of land located outside the airport but used for commercial purposes related to the airport to provide useful information for audit, inspection, evaluation, testing or investigation;
g) enter on any terrain in any facility or building for the purposes of inspection of an airport operator or aircraft, or on a plot of land outside the airport and occupied for commercial purposes related to the operator of airport or aircraft;
(h) bring and use in all areas of an airport or in a facility, or a building outside the airport and put into service for airport operations-related activities, all necessary equipment to carry out their duties, including radios, cameras, (both video and audio) recording equipment;
i) bring and use in an airport, airside or in any restricted area designated, all necessary equipment such as replica weapons or dummy explosive devices to be used in the context of safety tests;
(j) ask questions about the aviation security to anyone they deem likely to help assess a measure or procedure of civil aviation security;
(k) issue opinions and recommendations, if necessary;
(l) enforce corrective measures;
(m) propose sanctions to the authority of Civil Aviation in accordance with the legislative and regulatory provisions in force.
Each compliance activity is the subject of a written report and, where appropriate, gives rise to safety recommendations that should ensure the correction quickly and efficiently any deficiency identified.
Section 15. -Resolution of the safety problems on receipt of a recommendation of security issued by the authority of the Civil Aviation, the national administrations concerned, managers of airports, aircraft operators, air navigation service providers, societies and all other entities concerned must, each in relation to take immediate measures and, eventually, develop an action plan to correct all realistic non conformities identified in the implementation measures which their obligations.
Where the level of risk requires, the Civil Aviation Authority is empowered to take or to take all urgent measures necessary to remedy a problem of security.
If necessary and in accordance with the provisions of article 15 of Act No. 2015-10 code of civil aviation, the Civil Aviation Authority may require and be assisted in the performance of its tasks by the security and defence forces.
The results of the activities of the national civil aviation security quality control Programme must be analyzed in view, inter alia, to identify the causes and trends of non-compliance. The Civil Aviation Authority ensures that corrective measures are implemented on an ongoing basis.
The Civil Aviation Authority ensures that it is implemented by relevant systems of collection and analysis reports, events of safety from, including passengers, crew and the ground staff.
When the Civil Aviation Authority considers that the level of aviation security has been or may be affected by an event, it shall ensure that adequate measures are taken quickly to remedy the situation and ensure the effectiveness continuous security measures.
Section 16. -Zones restricted to airports on a proposal from the entity responsible for the safety of the airport concerned, the Civil Aviation Authority defines the areas of the airport where access is regulated as well as the conditions of access to these areas.
Persons who implement security measures or who are authorised to access, without an escort, to a restricted airport area must be submitted to background checks carried out by the competent national departments.
When the conditions of safety and security or facilitation required, areas intended to welcome the public at airports may be subject to a restriction of access.
The decision to access restriction is taken by joint order of the Ministers responsible for civil aviation, the Interior and the armed forces.
Any unlawful presence in restricted areas, or the presence of the public subject to a restriction causes an inquiry and subject to the penalties provided for by the applicable laws and regulations.
Article 17. -Coordination of the activities of civil aviation security it is created a national Committee of safety of Civil Aviation and Air Transport Facilitation.
For the safety of civil aviation, the Committee has to ensure coordination between the ministries, national administrations, operators of airports and aircraft, the air traffic services providers and other structures involved in the implementation of the national Civil Aviation Security Programme.
To this end, the Committee has for missions:-to propose measures to improve the coordination of entities with responsibilities in the implementation of the national programme for security;
-to make recommendations to deal with threats against civil aviation and its facilities and services.
-to promote the consideration of aspects related to safety when designing new airports or the extension of existing facilities;
-to recommend amendments to introduce into the general policy of civil aviation in national security;
-to consider the recommendations made by the airport security committees;
-to examine the short-term security plans, in connection with the national emergency management policy.
Facilitation, the Committee has to ensure coordination between the different rninisteres, national Governments and service providers interested in implementing facilitation measures at airports in Senegal.
As such, there for missions of:-to recommend measures to be taken to improve the facilitation of the entry and exit of aircraft, boarding operations, landing and transit of passengers, baggage, goods and mail at airports;
-to participate in the development and implementation of the national Programme of Facilitation;
-to consider any matter that might be submitted to it by the Minister responsible for Civil Aviation or any other national authority concerned.
The composition and rules of operation of the Committee are determined by Decree of the Prime Minister, on the proposal of the Minister responsible for civil aviation.
Section 18. -Civil Aviation Authority risk management adapted aviation security measures to the level of risk assessed in accordance with the principles and procedures laid down by the Aviation Organisation civil international.
The Civil Aviation Authority may, for a specified period, prescribing security measures strengthened, on the basis of a risk assessment. The measures shall be relevant, objective, non-discriminatory and proportionate to the risks to which they respond.
Section 19. -Measures of security requested by third countries.
The Civil Aviation Authority examines the demands expressed by third countries for the implementation of the specific security measures for flights departing from an airport located in Senegal, destination or overflying that third country.
Section 20. – International cooperation from the Civil Aviation Authority takes appropriate measures to establish the necessary cooperation with the International Civil Aviation Organization and other States to improve the national policy for the protection of civil aviation, in accordance with the provisions of Annex 17 to the Convention of international civil aviation.
At this title, the civil aviation authority may enter into agreement protocols against the security of civil aviation international organizations or of the competent national authorities who share similar interests, in accordance with the provisions of the conventions and agreements which Senegal is a party.
Section 21. -Equivalent measures in accordance with national legislation and international instruments which Senegal is a party, the Civil Aviation Authority may enter into agreements to recognize that security measures applied in a third country are equivalent to the measures applied at the national level, in order to promote the objective of harmonization and reduction of multiplication of security checks in airports-level.
Section 22. -Management of acts of unlawful interference the Civil Aviation Authority is responsible for the development and validation of a national plan for coordination of the management of acts of unlawful interference.
Administrations concerned national public ensure availability on airports serving civil aviation personnel trained properly to be deployed and to intervene in the case, suspected or actual, of unlawful interference against civil aviation.
Each service, body or entity involved in the implementation of the national Civil Aviation Security Programme must prepare an emergency plan, publish instructions to staff, install or make install communication systems, organize training in order to participate effectively in response to an act of unlawful interference which takes place on the airport or that may have an impact on the safety of civil aviation in Senegal.
The contingency plan of each entity is subject to the approval of the Civil Aviation Authority and is tested on a regular basis by the entity concerned.
Acts of unlawful interference shall be punished by the provisions of the penal code and the provisions of international conventions duly ratified by Senegal.
Soon as possible after each occurrence of an act of unlawful interference, or threat of such an Act, the Civil Aviation Authority should conduct a review and an analysis of the event. The results of this analysis and the relevant recommendations y relating must be put at the disposal of all stakeholders to improve the situation and correct safety deficiencies identified so as to avoid recurrence of such an event.
Section 23. -Protection of information relating to the security of civil aviation any entity that receives or who develops documents relating to the safety of civil aviation is required to implement an appropriate system of protection of information to ensure that such information will only be used or disclosed inappropriately, Article 24. -Research and development the Civil Aviation Authority and the entities concerned promote the research and development of new security equipment, processes and procedures that allow better achieve the objectives of the safety of civil aviation. At this. end, they cooperate on the subject with other States or other entities.
Section 25. -Security and facilitation in the exercise of their missions, the entities concerned must, whenever possible, make the most efficient arrangements for controls and security procedures cause the least possible disruption or delays in the activities of civil aviation, provided that the effectiveness of these controls and procedures is not compromised.
Section 26. -Civil aviation authority sanctions determines the penalties applicable to violations of the provisions relating to the safety of civil aviation and shall take all measures necessary to provide or ensure the application of these sanctions.
Section 27. – Financing of the safety of civil aviation regardless of the means put in place by the State and the entities concerned by virtue of their respective obligations, costs and charges generated by the implementation of the security measures taken in application of this order to safeguard civil aviation against acts of unlawful interference are subject to a fee of safety.
Rate, base and the recovery and use of the charge of security terms are fixed by Decree, on report of the Minister of finance and the Minister responsible for Civil Aviation.
The Civil Aviation Authority shall take steps to verify that each airport serving civil aviation has the resources and wherewithal to aviation security services.
Section 28. -Final provisions.
The Minister responsible for civil aviation takes by ministerial or inter-ministerial decree, in relation to the relevant Ministers, the complementary measures to clarify the provisions of this Decree.
Shall be repealed all provisions contrary to those of this Decree, inter alia, Decree No. 99-1172 of 3 December 1999 on airport security and creation of the national security Programme.
This Decree will 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