The President of the Republic

VU the Constitution;
VU Convention on the International Civil Aviation, signed at Chicago on 07 December 1944 and its annexes;
HAVEN the Treaty of 10 January 1994 establishing the Economic Union and West African Monetary Union;
HAVEN Regulation No 08 /2013/CM/UEMOA of 26 September 2013 adopting the Community Code of Civil Aviation of the Member States of UEMOA;
HAVEN Regulation No 11 /2005/CM/UEMOA of 16 September 2005 on the safety of civil aviation in the Member States of UEMOA, as amended by Regulation No 10 /2013/CM/UEMOA of 26 September 2013;
Decision No 11 /2013/CM/UEMOA of 26 September 2013 adopting safety procedures and practices in the Member States of UEMOA;
VU Law No. 2015-10 of 04 May 2015 on the Civil Aviation Code;
Given the decree n ° 2011-1055 of 28 July 2011 establishing and laying down the rules for the organization and operation of the Agence nationale de l' Aviation civile et de la Météorologie, as amended by Decree No. 2015-981 of 10 July 2015 in its article First;
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 the composition of the Government;

The report of the Minister of Tourism and Air Transport,

Decrete:


Article 1. -General provisions

The purpose of this Decree is to organise the national system for the supervision of civil aviation security, the objective of which is to ensure the protection of passengers, crews, ground personnel and the public against acts of intervention Illegal in civil aviation.


Article 2. -Scope of application

The provisions of this Order shall apply:

(a) at all airports or parts of airports located in the territory of Senegal, with the exception of airports or parts of airports which are exclusively used for military purposes;
(b) to all operators of aircraft providing services at the departure and/or arrival of the airports referred to in a;
(c) to all operators providing services at airports referred to in point (a);
(d) to all entities that occupy premises located inside or outside the buildings of the airport and which provide goods and/or services to the entities referred to in points (a), (b) and (c);
(e) any natural or legal person expressly covered by the provisions of this Decree or its implementing texts.


Article 3. -Definitions

For the purposes of this Decree, the terms and expressions used have the meanings indicated in the Convention on International Civil Aviation and its annexes or in the relevant documents published by the Civil Aviation Organization International.


Article 4. -Competent authority

The National Agency for Civil Aviation and Meteorology (ANACIM), in its capacity as the civil aviation authority, is the competent national authority for the supervision of civil aviation security within the meaning of the Organisation of Civil Aviation International Civil Aviation.

As such, it has, in particular, the power to:

-to define aviation security requirements in accordance with the provisions of Annex 17 to the Chicago Convention on International Civil Aviation;
-issuing decisions, circulars or directives to require the implementation of the requisite security measures, in compliance with the provisions of the Civil Aviation Code and its implementing regulations; and
-to supervise the implementation of civil aviation security policies and requirements.


Article 5 . - National Civil Aviation Safety Programme (PNSAC)

The Civil Aviation Authority is responsible for the development, implementation and maintenance of a National Civil Aviation Safety Programme in accordance with the requirements of Annex 17 to the Chicago Convention on Civil Aviation International.

The objective of the National Civil Aviation Safety Programme is to protect civil aviation operations against acts of unlawful interference, by means of regulations, practices and procedures that take into account security, Regularity and efficiency of flights.

The Civil Aviation Authority shall constantly re-evaluate the level of the threat to civil aviation and shall take appropriate measures to adjust accordingly the relevant elements of the National Civil Aviation Safety Programme, in Function of the security risk assessment.

The competent authorities concerned shall provide the Civil Aviation Authority with any relevant information relating to a threat against civil aviation.

The National Civil Aviation Safety Programme is approved by the Minister responsible for civil aviation.


Article 6. -Distribution of responsibilities

The Civil Aviation Authority defines, divides tasks and coordinates activities between services and other agencies of the State, airport and aircraft operators, air traffic service providers and others Entities involved in or responsible for the implementation of the various aspects of the National Civil Aviation Safety Programme.

The role of each entity is specified in the National Civil Aviation Safety Programme.

The Civil Aviation Authority shall make the relevant parts of the National Civil Aviation Safety Programme available to each entity concerned by its implementation.


Article 7. -Security measures

The security measures identified in the National Civil Aviation Safety Programme are intended to prevent the use of weapons, explosives or other devices, articles or dangerous substances that can be used to commit an act Of an unlawful interference with which the port or transport is not authorised, shall not be introduced, by any means, on board an aircraft engaged in a civil aviation flight.

The basic measures, practices and procedures for the safety of civil aviation shall be the subject of an Aviation Regulation drawn up and updated by the Civil Aviation Authority in accordance with the provisions of Article 2 of the Law No. 2015-10 of 04 May 2015 with the code of civil aviation and its implementing texts.


Article 8. -Derogations

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 exemptions or Derogations from the measures referred to in Article 7 of this Decree.

It shall establish procedures for each field of activity where exemptions or derogations may be granted, subject to strict compliance with the criteria established by the applicable Aviation Regulations.

The exemption or exemption procedures must indicate, in particular:

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


Article 9. -Implementation of security measures at airports

At the level of each airport governed by the provisions of this Order, the operator of the airport shall be responsible for:

-all functions relating to the security of airport operations;
-the coordination of the implementation of security checks at the airport level, as prescribed by the relevant provisions of the National Civil Aviation Security Programme;
-the operation of the airport security committee responsible for contributing to the coordination of the implementation of the security controls and procedures provided for by the National Civil Aviation Safety Programme;
-the application of any legislative or regulatory provision relating to the security of civil aviation, the implementation of which is the responsibility of the civil aviation authority.

The operator of the airport may delegate its security functions to a private entity under the conditions laid down in a specification approved by the Prime Minister.

Where security functions are delegated to a national authority, it must be created by a decree specifying the functions delegated and the airports concerned. This administration ensures that the level of implementation is uniform across all airports where it performs the functions assigned to it.

It may implement the operational activities delegated to it either directly or through a duly authorized service provider.

Security activities delegated to a public authority or private entity shall be the subject of a performance contract between the parties concerned.

Article 10. -Operator Security Program and Service Providers

All entities referred to in section 2 of this Order and having responsibilities in the implementation of the National Civil Aviation Safety Program shall develop, implement and maintain a security program.

The programme shall describe the methods and procedures to be followed by the entity concerned in order to comply with the provisions of this Decree and those of the National Civil Aviation Safety Programme.

The programme also includes provisions on internal quality control, which describe how the entity itself monitors compliance with security measures approved by the Civil Aviation Authority.

The security programme of each concerned entity shall be submitted to the Civil Aviation Authority for approval in accordance with established mechanisms and procedures.

An entity responsible for the implementation of relevant elements of the National Civil Aviation Safety Programme may delegate its functions to an external provider only under the conditions laid down by the Minister responsible for civil aviation. The entity concerned shall periodically verify that the implementation of the sub-contracted security measures is in conformity with the current specifications.

Where conditions require, in particular in accordance with the development of relevant international standards, the Civil Aviation Authority shall require the entities concerned to develop and implement all programmes, systems or measures To adapt the national civil aviation security policy to the international context.


Article 11. -Civil Aviation Safety Training

The Civil Aviation Authority develops and implements a National Civil Aviation Safety Training Programme (PNFSAC) to ensure that all persons involved in the implementation of the National Aviation Safety Programme Awareness of security issues and receive training commensurate with their duties.

Each concerned entity shall develop a training programme for the safety of civil aviation for its staff.

The training programme shall be subject to the approval of the Civil Aviation Authority.

The persons responsible for delivering training under the National Civil Aviation Safety Training Programme shall be certified in accordance with the requirements laid down by the Civil Aviation Authority and in accordance with the provisions The national regulations in force.


Article 12. -Implementation staff

Persons implementing the security measures shall be subject to background checks carried out by the competent national authorities.

They must be adequately trained and must have the necessary skills to carry out their duties. The criteria for training and competence, as well as the individual files of these persons, must be monitored on an ongoing basis.

The Civil Aviatlon Authority shall determine the categories of security personnel who shall be subject to a clearance or certification to ensure the reliable and systematic application of performance standards. This category should include, at a minimum, those responsible for screening/screening, staff training and quality control activities.


Article 13. -Monitoring of the quality of civil aviation security

Airports and other entities referred to in Article 2 of this Decree shall be subject to continuous monitoring by the Civil Aviation Authority.

Pursuant to the provisions of Article 13 of the Civil Aviation Code 2015-10 of 04 May 2015, the Civil Aviation Authority shall develop, implement and maintain a National Programme for the Control of Quality of the Safety of Civil Aviation (PNCQSAC) to evaluate the implementation and effectiveness of the National Civil Aviation Safety Programme (PNSAC).

The Civil Aviation Authority carries out regular checks on the compliance of security measures through inspections, audits, investigations and tests.

Compliance checks may be unannounced or announced in advance. The priorities and frequency of audits are based on a risk assessment.

An entity responsible for coordinating airport security is required to develop and implement an internal quality control program.
It transmits quality control reports to the Civil Aviation Authority.

Article 14. -Supervisory staff

Compliance checks are carried out by civil aviation security inspectors. They may be carried out by natural or legal persons duly authorized by the Civil Aviation Authority, in accordance with the laws and regulations in force.

Civil Aviation Safety Inspectors shall be trained in accordance with the specifications established by the Civil Aviation Authority and shall have all the competences and clearances necessary for the exercise of this function.

They are vested with all the prerogatives necessary to obtain the information they need in the course of their missions.

In accordance with the provisions of the Civil Aviation Code, the Civil Aviation Safety Inspectors shall have the following powers, in particular:

(a) inspect any civil aircraft registered or operated on the territory for the purpose of assessing its security procedures;
(b) inspect any part of an airport located in the territory;
(c) inspect any land or areas outside an airport and used by undertakings operating at that airport;
(d) enter restricted areas of an airport and subject to compliance checks in those areas;
(e) review and verify the effectiveness of security measures and procedures;
(f) ask an aircraft operator, an airport operator or an occupant of a field outside the airport but used for commercial purposes related to the airport to provide information relevant to the audit, the inspection, Assessment, testing or investigation;
(g) enter on any land, in any facility or building for the purpose of inspection of an airport operator or aircraft, or on land outside the airport and occupied for commercial purposes related to the airport operator or Aircraft;
(h) bring and use, in all areas of an airport or in a facility, or a building located outside the airport and put into service for airport operations, any equipment necessary to carry out their operations Tasks, including radios, cameras, recording equipment (both audio and video);
(i) to bring and use any necessary equipment such as replica firearms or dummy explosive devices to be used in security tests at an airport, on the runway side or in any designated restricted area;
(j) pose questions on aviation security to any person they consider to be capable of assisting them in evaluating a civil aviation security measure or procedure;
(k) issue opinions and recommendations, if necessary;
(l) carry out corrective measures;
M) to propose sanctions to the Civil Aviation Authority in accordance with the legislative and regulatory provisions in force.

Each compliance verification activity shall be the subject of a written report and, where appropriate, shall give rise to safety recommendations to ensure the rapid and effective correction of any identified deficiencies.


Article 15. -Resolution of security problems

Upon receipt of a safety recommendation issued by the Civil Aviation Authority, the national authorities concerned, airport managers, aircraft operators, air navigation service providers, Assistance societies and all other entities concerned must, as far as they are concerned, take the necessary immediate measures and, if necessary, draw up a realistic action plan to correct any identified non-conformities In the implementation of the measures incumbent upon them.

When the level of risk requires it, the Civil Aviation Authority is empowered to take or have to take all the urgent measures necessary to remedy a security problem.

In the event of need and in accordance with the provisions of Article 15 of Law No. 2015-10 of the Civil Aviation Code, the Civil Aviation Authority may request and be assisted in the exercise of its tasks by the security forces and Defence.

The results of the activities of the National Quality Control Programme of the Civil Aviation Security must be analysed in order, in particular, to identify the causes and trends of non-conformities. The Civil Aviation Authority shall ensure that corrective measures are implemented on an ongoing basis.

The Civil Aviation Authority shall ensure that relevant systems are in place for the collection and analysis of records of security events arising from, inter alia, passengers, crews and ground personnel.

Where the Civil Aviation Authority considers that the level of aviation security has been or may be compromised by any event, it shall ensure that adequate measures are promptly taken to remedy this situation and ensure The continued effectiveness of security measures.



Article 16. -Restricted Access Zones at Airports

On the proposal of the entity responsible for the security of the airport concerned, the Civil Aviation Authority shall define the zones of the airport whose access is regulated and the conditions for access to those areas.

Persons implementing security measures or who are entitled to unescorted access to a restricted area of the airport shall be subject to background checks carried out by the competent national authorities.

Where security and security or facilitation requirements so require, areas intended to accommodate the public at airports may be subject to an access restriction.

The decision to restrict access is made by joint decree of the Ministers responsible for civil aviation, the interior and the armed forces.

Any irregular presence in restricted areas or in which the presence of the public is subject to a restriction causes an inquiry and is subject to the penalties provided for in the applicable laws and regulations.


Article 17. -Coordination of civil aviation security activities

A National Civil Aviation Safety Committee and the Air Transport Facilitation were established.

In civil aviation security, the purpose of the Committee is to ensure coordination among government departments, national administrations, airport and aircraft operators, air traffic service providers and Other structures concerned with the implementation of the National Civil Aviation Safety Programme.

To this end, the Committee's tasks are:

-propose measures to improve the coordination of entities with responsibilities in the implementation of the national security programme;
-make recommendations for dealing with threats to civil aviation and its facilities and services;
-promote the consideration of safety aspects in the design of new airports or the extension of existing facilities;
-recommend the changes to be introduced in the general civil aviation security policy at national level;
-to consider the recommendations made by airport security committees;
-to review the cyclical security plans in relation to the national emergency management policy.

With regard to facilitation, the Committee's objective is to ensure coordination between the various ninistles, the national administrations and the service providers involved in the implementation of the facilitation measures at the airports of the Senegal.

As such, it has the following tasks:

-to recommend measures to improve the facilitation of the entry and exit of aircraft, the entraining, deplaning and transit operations of passengers, luggage, goods and mail at airports;
-to participate in the development and implementation of the National Facilitation Programme;
-to consider any matter which may be referred to it by the Minister responsible for civil aviation or any other national authority concerned.

The composition and operating rules of the Committee shall be fixed by the Prime Minister, on the proposal of the Minister responsible for civil aviation.


Article 18. -Risk Management

The Civil Aviation Authority shall adapt aviation security measures to the level of risk assessed in accordance with the principles and procedures laid down by the International Civil Aviation Organisation.

The Civil Aviation Authority may, for a specified period, prescribe enhanced security measures on the basis of a risk assessment. The measures must be relevant, objective, non-discriminatory and proportionate to the risks to which they respond.


Article 19. -Security measures requested by third countries.

The Civil Aviation Authority shall examine requests from third countries for the application of specific security measures for flights departing from an airport in Senegal, to or over that third country.

Article 20. -International cooperation

The Civil Aviation Authority shall take appropriate measures to establish the necessary cooperation with the International Civil Aviation Organization and the other States with a view to improving the national civil aviation protection policy, In accordance with the provisions of Annex 17 to the Convention on International Civil Aviation.

As such, the Civil Aviation Authority may conclude memoranda of understanding relating to civil aviation security with international organisations or competent national administrations which share similar interests, In accordance with the provisions of the conventions and agreements of which Senegal is a party.


Article 21. -Equivalent measures

In accordance with national legislation and international instruments of which Senegal is a party, the Civil Aviation Authority may conclude agreements to recognize that the security measures applied in a third country are equivalent Measures applied at national level in order to promote the objective of harmonisation and reduction of the increase in security checks at airports.


Article 22. -Management of unlawful acts of intervention

The Civil Aviation Authority is responsible for the development and validation of a national plan for the coordination of the management of acts of unlawful interference.

The national public administrations concerned shall ensure the availability at airports serving civil aviation of personnel properly trained to deploy and intervene in cases, suspected or actual, of unlawful interference Against civil aviation.

Each service, body or entity involved in the implementation of the National Civil Aviation Safety Programme shall prepare an emergency plan, issue instructions to staff, install or install communication systems, Organise training in order to be able to participate effectively in the response to an act of unlawful interference which is taking place at the airport or which could have an impact on the security of civil aviation in Senegal.

The contingency plan for each entity shall be subject to the approval of the Civil Aviation Authority and shall be tested on a regular basis by the entity concerned.

Acts of unlawful interference are punished by the provisions of the Penal Code and the provisions of international conventions duly ratified by Senegal.

As soon as possible, after each occurrence of an act of unlawful interference, or a threat thereof, the Civil Aviation Authority shall carry out an examination and analysis of the event. The results of this analysis and the relevant recommendations should be made available to all relevant stakeholders with a view to improving the situation and correcting the safety deficiencies identified so as to avoid That such an event does not occur again.


Article 23. -Protection of information relating to civil aviation security

Any entity that receives or develops civil aviation security documents shall be required to establish an appropriate information protection system in order to ensure that such information is not used or Improperly disclosed,


Article 24. -Research and Development

The Civil Aviation Authority and the entities concerned shall promote the research and development of new safety equipment, processes and procedures to better achieve the objectives of civil aviation security. To this. , they shall cooperate in this matter with other States or other entities.


Rule 25 . - Security and facilitation

In the performance of their missions, the entities concerned shall, whenever possible, take the most efficient arrangements so that security controls and procedures result in the least possible disruption or Delays in the activities of civil aviation, provided that the effectiveness of these controls and procedures is not compromised.


Article 26. -Sanctions

The Civil Aviation Authority shall determine the penalties applicable to violations of the civil aviation security provisions and shall take all necessary measures to ensure or ensure the enforcement of such sanctions.


Article 27. -Financing of civil aviation security Independently of the means put in place by the State and the entities concerned in accordance with their respective obligations, the costs and charges arising from the implementation of the security measures taken in Applying this Decree to protect civil aviation against acts of unlawful interference shall be subject to a security fee.

The rate, basis and manner of recovery and use of the security charge shall be fixed by decree, on the report of the Minister responsible for Finance and the Minister responsible for Civil Aviation.

The Civil Aviation Authority shall ensure that arrangements are made to ensure that each airport serving civil aviation has the necessary resources and resources for aviation security services.


Article 28. -Final provisions.

The Minister responsible for civil aviation shall, in connection with the Ministers concerned, take the additional measures to clarify the provisions of this Decree by ministerial order or by ministerial order, in relation to the ministers concerned.

All provisions to the effect contrary to those of this Decree shall be repealed, inter alia, by Decree No. 99-1172 of 3 December 1999 concerning airport security and the creation of the National Security Programme.

This Order will be published in the Official Journal.

Done at Dakar, 21 December 2015

Macky SALL.
The President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE