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Decree No. 2013-921 July 1, 2013

Original Language Title: Décret n° 2013-921 du 1er juillet 2013

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Decree No. 2013-921 of 1 July 2013
Decree n ° 2013-921 of 1 July 2013 on the organisation and operation of the Ministry of Energy and Mines.

PRESENTATION REPORT

As part of the streamlining of administrative structures, the option was made for the Ministry of Energy and Mines to consolidate all the directorates under the Energies into one.

However, this grouping of structures has failed to achieve the objectives of certain burdens.
Therefore, it seemed more appropriate to reorganise the Directorates taking into account the specific tasks; thus, for the sake of efficiency and efficiency and taking account of upstream and downstream activities, it is more appropriate to return the Hydrocarbons and Domestic Fuels Directorate.

As a result, it is proposed to remove the Directorate of Energy and its split in two separate directorates, namely:
-the Electricity and Renewable Energies Directorate;
-the Hydrocarbons and Domestic Fuels Directorate.
This is the economy of this draft decree.

The President of the Republic,

Having regard to the Constitution, in particular Articles 43 and 76 thereof;

Having regard to Decree No. 2002-1173 of 23 December 2002 establishing a Secretary-General in certain ministries, as amended;

In view of Decree No. 2009-34 of 26 January 2009 on the organization and operation of the Ministry of Energy;

In view of Decree No. 2009-1380 of 2 December 2009 on the organization of the Ministry of Mines, Industry, Food Processing of Agricultural Products and SMEs.

In light of Decree No. 2012-427 of 3 April 2012 appointing the Prime Minister;

In light of Decree No. 2012-647 of 4 July 2012 on the powers of the Minister of Energy and Mines;

In view of Decree n ° 2012-1223 of 5 November 2012 on the distribution of state services and the control of public institutions, national societies and public participation societies between the Presidency of the Republic, the Primature and the Ministries, as amended by Decree No. 2013-11 of 3 January 2013;
The report of the Minister of Energy and Mines,

Decline:

Article 1. - Under the authority of the Prime Minister, the Minister of Energy and Mines shall prepare and implement the policy defined by the Head of State for the production, distribution and promotion of energy and prospecting and Mining operations.

Art. 2. -The Ministry of Energy and Mines includes, in addition to the Cabinet and related services:
-the General Secretariat;
-the Electricity and Renewable Energies Directorate;
-the Hydrocarbons and Domestic Fuels Directorate;
-the Mines and Geology Branch;
-Directorate of General Administration and Equipment.
It also includes other administrations governed by specific texts, namely:
-the Senegalese Agency for Rural Electrification (ASER)
-the Agency for the Economy and Control of Energy (AEME);
-the National Agency for Renewable Energy (ANER);
-National Hydrocarbons Committee-CNH).

Chapter II. -Cabinet and Related Services

Art. 3 . Services attached to the Office of the Ministry of Energy and Mines are:
-Internal Inspection;
-the Press and Documentation Office;
-the Permanent Energy Secretariat (SPE);

Art. 4 . - Internal inspection includes:
-Technical Inspection;
-the Inspectorate of Administrative and Financial Affairs;

Art. 5 . The Internal Inspectorate's mission is to:
-to ensure, under the authority of the Minister, the application of the presidential and primatorical directives of the reports of the State Inspectorate and the other bodies of control;
-to assist the Minister in the supervision of the management of personnel, equipment and appropriations, the central, regional and departmental services of the Ministry, of the public institutions under-supervision;
-monitoring the implementation of internal reporting guidelines;
-to control all administrative, financial and accounting acts within the Ministry and the supervisory bodies;
-monitor the progress of departmental and interdepartmental work under the aegis of the department;
-monitor the execution of decisions taken in the inter-ministerial council;
-conduct, on the instruction of the Minister of Energy and Mines, missions in the technical, administrative and financial fields.

Article 6. The mission of the Technical Inspection is to conduct, on the instruction of the Minister responsible for Energy and Mines, technical missions on behalf of the Department.

To this end, it is responsible for:
-conduct technical investigations on rooms and on the spot, according to an annual programme of at least three missions or unexpectedly;
-to submit, following each mission, a technical report on the results of the investigations;
-make suggestions and recommendations.
The Technical Inspector is appointed by decree among the agents of the State of hierarchy A or assimilated.

Art. 7. -The mission of the Inspectorate of Administrative and Financial Affairs is to conduct, on the instruction of the Minister responsible for Energy and Mines, internal administrative and financial tasks.

To this end, it is responsible for:
-to carry out on-the-spot and on-the-spot investigations in the directorates and services unannounced or in accordance with an annual programme of at least three missions;
-ensuring the proper organization and management of the department's services;
-to submit reports on the results of investigations carried out during the missions
Inspection;

-make suggestions and recommendations for better service delivery;
-to follow the implementation of the suggestions and recommendations arising from the reports of the control bodies.

The Inspector of Administrative and Financial Affairs is appointed by decree among the agents of the State of hierarchy A or assimilated. It is responsible for the coordination of the Internal Inspectorate.

Article 8. -The Press and Documentation Office is responsible for the communication of the Ministry of Energy and Mines.
To this end, it has the following tasks:
-to develop the Department's communications strategy in line with the Government 's
-ensure the implementation of the Department's communication plan and the facilitation of all communication campaigns;
-Organize and manage documentation in the field of energy and mining.

Art. 9. -The Permanent Secretary for Energy (SPE) is the operational body responsible for the implementation of the decisions taken by the National Energy Council and the operational monitoring of the implementation of the Policy and Development Letter The Energy Sector and the related action plan, in relation to the Studies and Planning Cell, the Electricity and Renewable Energies Directorate and the Hydrocarbons and Household Fuels Directorate.

It is responsible for:
-define the dashboards;
-monitoring the implementation of the measures taken;
-to ensure the implementation of the interventions of all public or private structures concerned by the implementation of the Letter of Policy and Development of the Energy Sector and the related action plan;
-approve the various reports to be submitted to the National Energy Council (CNE);
-to adopt the budget and the actions to be proposed to the National Energy Council;
-make all relevant recommendations to the National Energy Council.
The Permanent Secretariat to Energy is provided by a Permanent Secretary for Energy appointed by ministerial order of the Minister for Energy and the Minister responsible for Finance among the agents of the State of hierarchy A or assimilated.

Chapter III. -The General Secretariat and the Related Services

Art. 10. -The Secretariat-General is headed by a Secretary-General who assists the Minister in the implementation of government policy.

It is responsible for:

-the coordination of the activities of the various departments of the Department, which it ensures, under the authority of the Minister, of the proper functioning;
-the preparation, monitoring and control of the execution of ministerial decisions;
-relations and coordination with other departmental departments for the implementation of interdepartmental decisions;
-Minister's information on the state of his department;
-the control and presentation to the Minister of the various acts submitted for signature;
-the centralization, dispatch and dispatch of mail as well as the preservation of the Department's archives;
The Secretary-General shall be appointed by decree among the agents of the State of hierarchy A or assimilated.

Art. 11. -Under the control of the Minister, the Secretary-General has the authority over the Directors and Heads of Service of the Department.
The Secretary-General follows the operation of public institutions, national corporations and public participation companies under the supervision of the Ministry.

Art. 12. -The services of the General Secretariat are:
-the Studies and Planning Cell;
-the Procurement Cell;
-the Office of the Common Mail.

Art. 13. -The Studies and Planning Cell, under the authority of a Coordinator, is responsible for:
-to collect, process and analyse energy and mining statistics;
-to prepare and publish periodic reports on the energy and mining sector in relation to the relevant departments of the Department;
-Develop the Medium Term Expenditure Framework (CDS-MT) and ensure its monitoring and evaluation;
-to monitor, update and evaluate the action plan of the Energy Sector Development Policy Letter in relation to the Permanent Energy Secretariat, the Electricity Directorate
Renewable Energies and the Hydrocarbons and Domestic Fuels Directorate;

-to ensure, in relation to the services concerned, the planning, monitoring and evaluation of projects and programmes in the energy and mining sector;
-to monitor and evaluate, in relation to the services concerned, the contribution of the energy and mining sector in the implementation of strategies such as the Millennium Development Goals, NEPAD, National Economic and Social Development Strategy and the Accelerated Growth Strategy.

The Coordinator of the Planning and Planning Cell shall be appointed by order of the Minister
Of Energy and Mines, among the agents of the State of hierarchy A, B or assimilated.

Art. 14. -The mission of the Procurement Cell is to ensure the quality of the procurement files and the proper functioning of the Contracts Commission. As such, it is responsible for:
-the establishment of the annual consolidated contracting plan of the Contracting Authority;
-the completion and maintenance of scoreboards on the various stages of procurement procedures and the implementation of contract performance schedules;
-the preparation of quarterly reports on procurement and contract performance;
-periodic evaluation of the Department's contracting system.
The Coordinator of the Procurement Cell shall be appointed by order of the Minister of Energy and Mines, among the agents of the State of hierarchy A, B or assimilated.

Art. 15 . - The Office of the Common Mail is responsible for the processing of ordinary mail " Arrival " And " Departure " And archiving.

Chapter IV. -The Directorates

Art. 16. -The Electricity and Renewable Energies Directorate is responsible for:
-to contribute to the development of Government policies in the fields of electricity and renewable energy;
-to assist the Minister responsible for electricity in the exercise of technical supervision of public and private bodies involved in the electricity sub-sector;
-to prepare and monitor the implementation of development plans and programmes in the field of electricity and renewable energy in relation to the Studies and Planning Cell and the Permanent Energy Secretariat;
-to liaise and collaborate with the international, regional and subregional organizations involved in the field of electrical energy with the Technical Advisors concerned;

-to promote exchanges on experiments and achievements in the field of electricity and renewable energy at national, regional and international level;
-planning and monitoring the development of rural, urban and peri-urban electrification in relation to the organisations and structures concerned;
-to implement actions within the framework of the development of renewable energies, the economy and the control of energy in relation to the structures concerned;
-to propose any reforms that would enable the promotion of renewable energies;
-to supervise the Energy Information System;
-to ensure the coordination of the Intersectoral Committee on Energy and the Strategic Sectors for the Reduction of Poverty
(CIMES/RP);
-to follow with the Electricity Regulation Commission, the appraisal process for the granting of financial instruments and the execution of concessions contracts for the electricity sub-sector.

Art. 17. -The Electricity and Renewable Energies Directorate includes:
-Electricity and Rural Electrification Division;
-Energy Efficiency Division;
-Renewable Energies Division;
-the Administrative and Financial Bureau.

Art. 18 . The Hydrocarbons and Domestic Fuels Directorate is responsible for:
-to contribute to the definition of Government policies in the field of hydrocarbons, biofuels and domestic fuels;
-to assist the Minister responsible for hydrocarbons, biofuels and domestic fuels in the exercise of technical supervision of public and private bodies involved in the sub-sector;
-to hear applications for authorisation for prospecting, research and exploitation of liquid and gaseous hydrocarbons;
-administrative and technical control, as well as monitoring of oil and gas processing and distribution of petroleum products;
-coordinate with the Permanent Secretariat of the National Hydrocarbons Committee, follow-up actions on the supply of the internal market in petroleum products;
-to propose any initiatives capable of enabling the promotion of biofuels;

-to explain and follow the Government's policies in the field of domestic fuels and to promote consultation with relevant local actors;
-to monitor the supply of energy-saving cities, alternative fuels (butane, kerosene, biofuel) and improved households;
-to analyse and follow up the standards and regulations of the sub-sector and the national and sub-regional oil projects;
-to liaise and collaborate with international, regional and subregional organizations involved in the field of hydrocarbons, biofuels and domestic fuels in relation to the Technical Advisors Concerned.

Art. 19. -The Hydrocarbons and Domestic Fuels Directorate includes:
-Hydrocarbons Division;
-Biofuels and Biomass Division;
-Domestic Fuels Division;
-the Administrative and Financial Bureau.

Art. . The Directorate of Mines and Geology is responsible for:
-developing regulations for research and mining;
-ensure the monitoring and monitoring of the execution of mining activities;
-to develop geological and mining development plans and programmes;
-update geological and metallogenic maps, geological and mining documentation, and establish index records for mineral deposits;
-to implement the management of a geological and mining information system and a mining cadastre;
-ensure the monitoring and follow-up of the activities of the Regional Mines and Geology Services;
-to follow up on companies and other autonomous administrations involved in the fields of research and mining.

Article 21. -The Mines and Geology Branch includes:
-Geological and Mining Research Division;
-the Monitoring and Facilitation Division of Mining Projects;
-Mines and Careers Division;
-Documentation and Mining Promotion Division;
-the Division of the Research and Analysis Laboratories;
-the Administrative and Financial Bureau.

The Regional Mines Services is attached to the Mines and Geology Branch.

Art. 22. -The Directorate of General Administration and Equipment is responsible for the administration and management of personnel, credits and equipment.

In particular, it is responsible for:
-preparing and implementing the budget;
-ensure materiel management;
-ensure staff management and administrative records follow-up.

Article 23. -The Directorate of General Administration and Equipment includes:
-Finance Division;
-the Human Resources Division;
-the Bureau of Contracts;
-Office of Accounting.

Chapter V.-Final provisions

Article 24. -An order of the Minister responsible for Energy and Mines specifies the arrangements for the organisation and operation of the various directorates.
The Directors are appointed by decree among the agents of the State of hierarchy A or assimilated.

Art. 25. -Under the authority of the Minister of Energy and Mines, the autonomous administrations carry out their tasks in accordance with the texts governing them.

Article 26. -Are repealed all provisions contrary to this Decree, in particular Decree No. 2009-34 of 26 January 2009 on the organization and operation of the Ministry of Energy, No. 2009-1380 of 2 December 2009 on the organization of the Ministry of Energy Mining, Industry, Food Processing of Agricultural Products and SMEs.

Article 27. -The Minister of Energy and Mines shall be responsible for the implementation of this Decree, which shall be published in the Official Journal.

Done at Dakar, 1 July 2013

By the President of the Republic:

Macky SALL

The Prime Minister,
Abdul MBAYE.