Decree No. 2013-997 July 16, 2013

Original Language Title: Décret n° 2013-997 du 16 juillet 2013

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Decree No. 2013-997 July 16, 2013 Decree No. 2013-997 July 16, 2013 repealing and replacing Decree No. 2002-923 of 18 September 2002 on the establishment, organization and operation of the Agency's regulation of markets (ARM).

In 2009, report of PRESENTATION in order to harmonize the operation of executing agencies and enhancing their performance, the Government adopted the orientation law enforcement agencies whose fundamental axes are specified by order in Council 2009-522 of 4 June 2009 on the organisation and functioning of executing agency.

It thus is necessary to adapt the bearing text creation, organization and functioning of the Agency's Regulation of markets to this new legal framework governing executing agencies.

The present draft decree determines the modalities of organization and functioning of the Agency's Regulation of markets including in delineating the roles of management and supervision bodies. In addition, it sets the status of the staff of the Agency and provides mechanisms for control.

That is, the President of the Republic, the economy of the draft decree.

The President of the Republic, pursuant to the Constitution;

Having regard to the Act No. 2009 - 20 of May 4, 2009 on executing agencies;

Having regard to Decree No. 2002 - 923 of 18 September 2002 on the establishment, organization and operation of the Agency's market Regulation;

Having regard to Decree No. 2009 - 522 of 4 June 2009 on the Organization and functioning of the executing agencies;

Pursuant to Decree No. 2011 - 540 of April 26, 2011 on plan financial and accounting of public institutions, agencies and other similar public bodies;

Considering Decree No. 2012 - 1314 November 16, 2012, fixing the remuneration of Directors General and the Presidents and members of the supervisory boards of agencies;

Having regard to Decree n ° 2012-1223 of 5 November 2012 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, as amended;

On presentation of the Minister of trade, industry and the informal sector;

Decrees: Article 1. -Provisions General Article 1. -It is created a regulatory agency referred to as Agency (MRA) markets with legal personality under public law and financial autonomy.

The ARM is placed under the technical supervision of the Ministry in charge of trade and under the financial supervision of the Ministry of economy and finance.

S. 2 - the Agency is tasked with monitoring and regulating the markets throughout the national territory.
As such, it is responsible, inter alia to:-set up an efficient information system to allow decision-makers to trigger appropriate regulatory measures for a better supply of the market;
-to benefit others in the streams of real-time information, which can promote actions of adjustment of the distribution of their products.
-study and follow the grain products and agricultural generally;
-contribute to the promotion of the marketing of such agricultural production;
-establish a typology of consumption, to sit a good trade policy;
-constitute a data bank, including production, consumption, the evolution of prices, market trends and the identification of economic operators
-provide services to other partners (projects with a commercial component);
-build a warning system for threats of shortages to alert the Minister in charge of trade for the onset of normalization of market emergency procedures;
-Edit a newsletter of conditions;
-establish a national file traders and producers;
-establish a framework of dialogue involving the various actors of the sectors to further stimulate intersectoral relations essential to the proper functioning of markets.

Chapter II. -Organization and functioning art. 3 - the Agency is managed by two organs:-the Supervisory Board and - branch.

S. 4 - the Supervisory Board supervises the activities of the ARM. He assisted by its opinions and recommendations, the Director general of the Agency in the exercise of its functions and responsibilities.

It deliberates and approves:-budgets or forecast quarterly and annual accounts before the end of the previous year;
-the multiannual programmes of action and investment;
-Manual of procedures;
-the annual reports of the Director general;
-the financial statements of the accounting officer not later than within six months following the end of the year, on the basis of the report of the external auditor;
-the organizational structure of the Agency;
-the grid of the remuneration of the staff of the Agency;
-report on performance in the six months following the end of the year;
-the rules of procedure.

S. 5. - the Supervisory Board of the MRA is composed as follows:-a representative of the Presidency of the Republic;
-a representative of the Prime Minister;
-one representative of the Ministry of economy and finance;
-one representative of the Ministry of trade;
-one representative of the National Union of consumers of Senegal;
-a national of merchants and industrialists of Senegal: Union representative;
-one representative of the interprofessional Committee of the onion growers of Senegal (CIPOS);
-a representative of the society for the Promotion and marketing of the local rice (SPCR);
-one representative of the National Interprofessional Committee of industrial tomato sector (CNIFTI).
Each representative is replaced by a substitute in case of impediment.
The financial controller or his representative as well as the accounting officer or representative attend, with voice but without vote, meetings of the Supervisory Board.

S. 6. - the members of the Supervisory Board are appointed by order of the Minister in charge of trade for a term of three years renewable only once.
The Chairman of the Supervisory Board is appointed by Decree from among the members.

Their mandate ends at the normal expiration of its duration, by death or resignation.
It may also be terminated the mandate of the members due to the following facts:-loss of quality that had motivated the appointment;
-fault serious or heavy;
-incompatible actions with the member function.
Event of death while in office in all cases where a member of the Supervisory Board is no longer able to carry out its mandate, it is immediately provided replacement by the head of Administration or the body he represents, for the period of the term.

S. 7. - the members of the Supervisory Board receive on the occasion of the meetings of the Supervisory Board compensation, session fixed by Decree.

S. 8 - the Supervisory Board shall meet in ordinary session at least quarterly, convened by its Chairman.
It may meet in extraordinary session upon simple summons of the President or at the request of one-third at least of the members.
If the President is absent, the oldest Member presides.
In case of refusal or silence duly found President, or when the circumstances so require, the Minister in charge of trade can proceed with the convening of the extraordinary sitting Supervisory Board.
The convocation is right if it is requested by the Minister in charge of trade.

The convocation, the agenda and the relevant files are sent to each Member at least fifteen clear days prior to the meeting.
The regular and special sessions of the Supervisory Board are held at the headquarters of the agency or any place indicated by the President on the convening.
The Supervisory Board shall validly deliberate on any item on the agenda only if two-thirds or more of its members or their alternates are present.

The decisions of the Supervisory Board are taken by a simple majority of the votes of the members present. In the event of equality of votes, the presiding officer is predominant.
If necessary to deliberate quorum is not reached at the first convocation, it is reduced to a simple majority for the following convocations.

The Chairman of the Supervisory Board may invite any person or entity to participate in the work of the Council because of its jurisdiction over issues to be considered with advisory capacity.
The secretariat of the Supervisory Board is provided by the Director-general of the MRA.

S. 9 - the deliberations of the Supervisory Board are the subject of a report signed by the President and the Secretary of meeting. This report mentions, in addition to the names of the members or their deputies present at the meeting, those persons invited in an advisory capacity.

The deliberations are recorded in a special register numbered and initialled by the President and a member of the legislative body.
Extracts of the proceedings are sent within five clear days after the meeting of the Council to the guardianship authorities.

S. 10 - market Regulation Agency is headed by a director general appointed by Decree, on a proposal from the Minister in charge of trade.
The quality of general manager is incompatible with any other function.
The Director general is the authorising officer of the Agency's budget.
The Director-general is assisted by a Secretary-General, appointed by Decree on proposal by the Minister in charge of trade, which compensates it in case of absence or impediment.

S. 11 - Executive Director is vested with decision-making power necessary to the proper functioning of the Agency and shall ensure the implementation of the decisions taken by the Supervisory Board and the supervisory authorities.
As such, it is responsible, inter alia:-to represent the institution in justice and in all acts of civil life;
-to develop multi-annual action programmes and the annual action plans;
-to prepare the budget and run it acting as authorising officer;
-to submit to the Supervisory Board, no later than March 31 of the following year, the State of execution of the previous budget, the annual activity report and the social report;
-to submit to the Board of supervision for consideration and adoption within five months of the end of the management, the financial statements adopted by the accounting officer;
-to propose the organizational structure of the Agency and submit it for approval to the Supervisory Board;

-to transmit the quarterly reports related to the implementation of the budget and the cash position of the agency within fifteen days of the deadline, to the authorities responsible for the technical supervision and financial guardianship;
-to recruit and administer the staff members under the provisions of the manual of procedure and exercise on them the hierarchical authority.

S. 12. - the remuneration and other benefits granted to the Director general shall be fixed by Decree.

S. 13 - the Agency for regulating markets (ARM) is subject to a performance contract that is the subject of an annual evaluation by an independent firm chosen by the Supervisory Board.

Chapter III. -Personal art agency. 14 - the personnel of the Agency's Regulation of markets covered by the Labour Code.
However, officials of the State, on secondment or suspension of commitment, falls of their status or their special scheme of origin.
Agency personnel must submit profiles for the positions they occupy.

Agents of the State are also subject to the rules governing the employment within the Agency, subject to the provisions at the end of secondment, at the end of the suspension of commitment or planned retirement, as appropriate, by the general status of civil servants, the special regime applicable to non-civil servants of the State or civil and military retirement pensions code.

S. 15. - the pay grid of personnel as well as bonuses or bonus allocations are approved by the Supervisory Board.
The Minister of fixed finance, by order, the permitted maximum remuneration levels, following the qualification of staff and the classification of the Agency. The powers of bonuses or gratuities are linked to the achievement of predefined performance. In any event the total bonuses and gratuities paid cannot exceed twenty percent of the total gross wages.

S. 16. - the members of the Supervisory Board, the Director-general of the Agency and the Agency's staff are required to respect professional secrecy for the information, facts, acts and information of which they are aware in the exercise of their functions.

Any breach of the obligations under the provisions of the above paragraph constitutes serious misconduct which may result in the immediate revocation of the Member of the Supervisory Board or the dismissal of the officer in question, without prejudice to the prosecution to meet them.

Chapter IV. -Resources of the art agency. 17 - the Agency's resources include:-the allocation of the State budget;
-funds made available to it by the technical development partners;
-revenue from the exercise of its activities (charges, payments);
-donations, bequests and contributions;
- and any other revenue authorized by laws and regulations.

S. 18. - expenses of the agency include:-operating expenses;
-capital expenditures.

S. 19 - accounting of the ARM is held in accordance with the West African accounting system (SYSCOA).
Financial and accounting of the ARM operations are performed by an accounting officer appointed by order of the Minister of finance. It is under the authority of the Director general and must, as such, the rules of internal organization and functioning of the Agency. Payment of expenditures for the Agency is done under the signature of the accounting officer.

The accounts of the ARM are checked at the end of each fiscal year, by an external auditor.

Chapter V. - Control Agency s. 20 - the Agency is subject to the control a posteriori of the bodies of State control under the conditions laid down in the laws and regulations in force.

Chapter VI. -Provisions finals s. 21 - are repealed all provisions contrary to this Decree including Decree No. 2002-923 of 18 September 2002 on the establishment, organization and functioning of the Agency's Regulation of markets.

S. 22 - the Minister of economy and finance and the Minister of trade, industry and the informal sector are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, July 16, 2013, by the President of the Republic: Macky SALL Prime Minister Abdoul MBAYE.