Decree No. 2013-684 Of May 17, 2013

Original Language Title: Décret n° 2013-684 du 17 mai 2013

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Ministry of MINES and energy Decree No. 2013-684 of May 17, 2013 Decree No. 2013 - 684 of May 17, 2013 on the establishment, organization and functioning of the National Agency for renewable Energies (ANER) report of PRESENTATION the sector energy in Senegal crossed several years a deep and complex crisis having led to ongoing malfunctions on the whole of the sector including at the level of the electricity and hydrocarbons, in spite of different strategies and reforms implemented and the significant financial resources mobilized.
The persistence of this crisis is accentuated by the dependence of our country with regard to petroleum imports which he has no control of prices.

Taking the full measure of this situation, the Government has decided to build an efficient energy sector to support economic and social development through the provision of energy services of sufficient quantity and quality and at competitive prices.
Among the strategic axes of development of this sector featured prominently, the development of a diversified and balanced energy mix which renewable energy should occupy a place of choice for, at a time, to meet the demand growth, while preserving the environment and reduce energy dependence of the country from the outside.

Also, through this option, Senegal fits firmly into the global trend towards the new green economy, who knows a true leap forward, of which the latest is the holding, from 20 to 22 June 2012, in Rio de Janeiro, of the United Nations Conference on sustainable development, known as "Rio + 20".

Thus, operative legislative and regulatory implemented with the adoption of Act 2010-21 of December 20, 2010 with orientation of renewable energy and its implementing decrees so that Act No. 2010-22 of December 15, 2010, on the law of orientation of the biofuel sector, must be complemented by an operational through instrument an agency known as the National Agency for renewable Energies whose main role is to initiate a new dynamic for on the one hand, quickly achieving the realization of the many offers of projects of public or private initiative in this area and, on the other hand, to mobilize significant financing may come from different funds implemented in particular at the international level.
Such is the economy of the draft decree.

The President of the Republic, pursuant to the Constitution;

Having regard to Act No. 98-29 April 14, 1998 relating to the electricity sector, as amended by Act No. 2002-01 of January 10, 2002;

Considering law No. 98-31 of April 14, 1998 on the activities of imports, refining, storage, transport and distribution of hydrocarbons;

Pursuant to law n ° 2009 - 20 of May 4, 2009 Act guidance on implementing agencies;

Pursuant to law No. 2010 - 21 of December 15, 2010 on renewable energy policy Act;

Pursuant to law n ° 2010 - 22 of December 15, 2010 establishing the biofuels sector policy Act;

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

Considering Decree No. 2010 - 1812 by December 31, 2010 relating to the contract of performance applicable to 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;

Mindful of Decree No. 2011-2013 21 December 2011 on the implementation of the framework law on renewable energies and on the conditions of purchase and payment of electricity produced by power plants from renewable energy sources as well as their connection to the network;

Having regard to Decree No. 2011 - 2014 21 December 2011 on the implementation of the framework law on renewable energies and on the conditions of purchase and payment of the surplus of electricity of renewable origin resulting from a production for own consumption;

Having regard to Decree No. 2012 - 427 of April 3, 2012 concerning the appointment of the Prime Minister;

Mindful of Decree No. 2012-1223 of 5 November 2012 allocation of services of the State and the control of public institutions, national societies and corporations on public participation between the Presidency of the Republic, the Prime Minister's Office, and the ministries as amended by Decree No. 2013-11 January 3, 2013.

Having regard to Decree No. 2012 - 1314 November 16, 2012 fixing the remuneration of the Directors-General, directors, Presidents and members of boards of Surveillance of agencies;

Considering Decree No. 2013 - 277 of February 14, 2013 concerning the composition of the Government.
The report of the Minister of energy and Mines;

Decrees: Chapter I. -Provisions General Article 1. -Status it is created, under the conditions provided by law No. 2009-20 June 4, 2009 guidance on implementing agencies, an agency called 'National agency for renewable Energies (ANER)', legal person under public law, with financial autonomy.
The Agency is placed under the technical supervision of the Minister in charge of energy and under the financial supervision of the Minister in charge of finance.
Its seat is set at Dakar.

Section 2. -Powers the ANER's mission to promote the use of renewable energy, including bioenergy, in all sectors of activity.
As such, it is responsible inter alia:-to participate in the definition and formulation of energy policy, in particular on renewable energy;
-to contribute to the development of a legislative and regulatory framework attractive for the development of renewable energies;
-to identify, assess and exploit the potential in renewable energy resources available and economically recoverable in the different regions of the country;
-to popularize the use of the equipment for the production of electricity from renewable sources;
-to carry out strategic and prospective studies for the development of renewable energies;
-to develop and implementation of projects and programmes for renewable energy and ensuring their consistency;
-to conduct technical, economic and financial projects related to renewable energies and to ensure monitoring the implementation to implement;
-to contribute to the improvement of research and development and encourage technological inventions concerning renewable energy;
-to develop and run programs of infor-mation, awareness, communication, education and training demonstrating the interest technical, economic, social and environmental renewable energy;

-to participate in the promotion of the emergence and development of enterprises working in the field of renewable energy and encourage investment in this sector;

-to identify and exploit mechanisms for innovative financing for the development of renewable energy, including carbon finance;

-to develop bilateral and multilateral cooperation in the field of renewable energy;

-to work in the field of energy, in close collaboration with the Agency for the economy and the energy.

Chapter II. -Organization and operation of Article 3. -Bodies the National Agency for renewable Energies is administered by two bodies;
-the Supervisory Board;
-the Directorate-General.

First section. -The Supervisory Board;

Article 4. -Remit the Supervisory Board ensures the supervision and control of the activities of the Agency in accordance with the guidelines and policy defined by the State in the field of renewable energy;
He assisted by its opinions and recommendations, the Director-general in the exercise of its functions and responsibilities.
As such, it deliberates and approves:-budgets or annual forecast accounts before the end of the previous year:-the multiannual programmes of actions and investment;
-Manual of procedures;
-the annual reports of the Director general;
-the financial statements of the accounting officer, at the latest within six months of the end of the year, on the basis of the report of the external auditor or the auditor of the accounts;
-the organizational structure of the Agency;
-the pay grid or the collective agreement for the establishment of the staff of the Agency;
-report on performance in the six (6) months following the end of the year;
-the rules of procedure.

Article 5 -Composition of monitoring the Board of supervision consists of the following members:-a representative of the President of the Republic;
-a representative of the Prime Minister;
-two representatives of the Minister responsible for energy;
-a representative of the Minister in charge of finance;
-a representative of the Minister of the environment;
-a representative of the Minister of Agriculture;
-a representative of the Minister in charge of scientific research;
-a representative of the Minister responsible for housing.
He was appointed an alternate for each Member.
The members of the Supervisory Board are appointed by order of the Minister in charge of energy.
The financial controller or his representative attends the meetings of the Supervisory Board, with advisory voice.

The President of Council of surveillance, chosen among the members is appointed by Decree, on a proposal from the Minister of energy.
The Chairman of the Supervisory Board shall send the Commission of implementing agencies assessment discussions on annual performance reports and the final evaluation report.

Section 6. -Term of office the members of the Supervisory Board are appointed for a term of three (3) years renewable only once.
The mandate ends at the normal expiration of its duration, by death or resignation. It takes also end as a result of loss of quality which justified the appointment or revocation following a foul by serious or conduct incompatible with the function of Member of the Supervisory Board.

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 administration he represents, for the period of the current mandate.

As a member of the Supervisory Board is incompatible with any personal interest in the sectors concerned by the areas of the Agency's activities.

Section 7. -Sessional allowances members of the Supervisory Board receive, on the occasion of the meetings of the Supervisory Board, a sessional allowance whose amount shall be fixed by Decree.
The Chairman of the Supervisory Board enjoys a monthly allowance whose amount shall be fixed by Decree.

Section 8. -Operation of the supervisory board the Supervisory Board meets in regular session at least once (1) per quarter, 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 Chairperson is absent, the oldest Member chairing the meetings of the Supervisory Board.

In case of refusal or silence duly found President, or when the circumstances so require, the Minister in charge of energy may proceed to the convening of the extraordinary sitting Supervisory Board.
The convocation is right if it is requested by the Minister in charge of energy.
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.

If necessary to deliberate quorum is not reached at the first convocation, it is reduced to a simple majority for the following convocations: 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.
The Chairman of the Supervisory Board may invite any person or entity to take part, with track Advisory, in the work of the Council because of its jurisdiction over issues to be considered.

The Director general of the Agency attends the supervisory Consultative Board. It provides the secretariat and as such prepares the minutes of meetings.

Article 9 -Deliberations of the supervisory board the deliberations of the Supervisory Board are subject of a procès-verbal signed by the President and the Secretary of meeting. Also, this report mentions the names of the members or alternates attending the meeting, as well as those of 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 Supervisory Board.
Extracts of the proceedings are sent within five clear days following the meeting of the Council, to the supervisory authorities.

In the event of conflict between the private interests and the duties of Member of the Supervisory Board, the Member concerned cannot in any way participate in the deliberations.
Any member of the Supervisory Board which is notified must, before are installation, porter at the Council, is likely to create this conflict of interest.

Section 2. -The Directorate General Article 10. -Appointment of the Director-general the Directorate-General of the Agency is ensured by a director general appointed by Decree, on a proposal from the Minister of energy.
Executive Director is assisted by a Deputy Director or a Secretary-General who compensates it in case of absence or impediment. It is appointed by the Supervisory Board on the proposal of the Minister of energy. Remuneration and benefits are fixed on the Supervisory Board.

Section 11. -Responsibilities of the Director-general the Director-general of the Agency 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, he is responsible inter alia:-to represent the Agency in court 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 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 following the deadline, to the authorities responsible for the technical supervision and financial guardianship;
-to recruit and administer the staff members following the provisions of the manual of procedures and exercise on them the hierarchical authority.

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

Article 13. -Performance the agency contract 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. -Agency Article 14 staff. -Status of the staff of the Agency is part of the Labour Code.
However, officials of the State, on secondment or suspension of commitment, falls of their status or their special scheme of origin.
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 suspension of engagement or retirement, planned according to the case, 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.

Section 15. -Staff salary grid grille staff remuneration as well as the responsibilities of bonuses or gratuities 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.

Chapter IV. -Resources, accountant and financial Article 16. -Resources, the National Agency for renewable resources consist of:-an annual budget allocated by the State of Senegal;
-the resources put at the disposal of the Agency by the development partners under the conventions and agreements concluded with the Government and aimed at the development of renewable energies;
-grants, donations, bequests or donations made by the State of Senegal or a foreign State, local authorities or by any other national or international body in accordance with the rules in force;
-the proceeds from the offering of funds available;
-all other resources authorized by the laws and regulations.

Article 17. -Use of the resources of the Agency are entirely and exclusively used for the execution of its mission in the conditions laid down by the legislation in force.
Financial and accounting agency operations are carried out by an accounting officer appointed by order of the Minister of finance.
The accounting officer is under the authority of the Director general and remains subject to the rules of internal organisation of the Agency.

The Agency is authorized to open bank accounts administered by the Director general.
The settlement of the expenditure of the Agency is in accordance with the regulations in force.
The Agency's accounts receive any financial aid allocated to the achievement of the tasks of the Agency regardless of origin.

Section 18. -Accounting and control agency accounts are kept in accordance with the system accountant West African (SYSCOA).
The Agency is authorized to place its funds available under the conditions laid down by the Minister responsible for finance.
The Agency is subject to inspection by a Board of Auditors selected by the Supervisory Board which sets its fees.
The Agency is required to periodically file reports on execution of the budget and cash that it addressed technical and financial guardianship without prejudice to the financial statements and annual reports.

Convened by the Chairman of the Supervisory Board, the Board of Auditors introduced his report during the session of the Council devoted to order and approval of the annual accounts of the Agency.
The Agency is, in addition subject to control a posteriori of the organs of State control and internal inspection authority ensuring its technical tutelage under the conditions laid down in the laws and regulations in force.

Chapter VI. -Provisions Article 19 finals. -Shall be repealed all provisions contrary to this Decree.

Section 20. -The Minister of economy and finance and the Minister of energy and Mines are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.
Made in Dakar, May 17, 2013, by the President of the Republic: Macky SALL Prime Minister Abdoul MBAYE.