ur ref:                      PROGRESS REPORT NOV 2006 – JAN 2007

A         Summary – Brief

The Agency finalized all documentation in preparation for the Legal Advisors meeting scheduled for 28th November 2006 in Johannesburg, South Africa.

A summary of activities is given below:

B         Meetings

1. The following are the minutes of the Legal Advisor’s meeting held as per PIT meeting instructions given in Lagos Nigeria in August 2006.

2. Attendants

Mr Simataa Limbo                             - Namibia (Chairman)

Mr Mwangi C wa Kamau                  - Namibia (ACAA: CEO)

Capt. Harry Eggerschwiler                - Namibia (ACAA: COO)

Dr. Fidelis NDUM                              - Cameroon

Mr Uche Nwosu                                 - Nigeria

Engr. Suliman Ali El Mesallati          - Libya

Mr Ademnur Juhar                           - Ethiopia

Mr Sintayehu Bekele                          - Ethiopia

Mrs Odille English                    - Namibia      (Secretary)

3. Apologies

Mr Zakes Myeza                                 - South Africa

Mr S.M Gaiya                                     - Nigeria

Mrs Ladidi Abdulkadir                       - Nigeria

4. Welcome and Opening

The Chief Executive Officer of the African Civil Aviation Agency (Pty) Ltd welcomed all members present and briefed them on the commitment of the Director Generals of participating States to the AFRO-CAA project.

He then introduced the Chairman of the meeting (Mr Simataa Limbo) who also welcomed all members and proceeded with discussions on the Agenda Items of the meeting.

5. Project History

The CEO of the African Civil Aviation (Pty) Ltd briefed the members on the project history.

6. Discussions on the Agreement

The Agreement was then thoroughly discussed, edited and amended by the Member States.

Notable changes requested by members are listed as follows:

1.                   Proposed by Libya -  the AFRO-CAA should fall primarily under the African Union.

2.                  Proposed by Ethiopia – Interim funding during the Transitional phase of the AFRO-CAA should be sought from Ministries responsible for their Civil Aviation Authorities.

3.                  The title of the MOUs has been agreed by all Members to be changed from Arrangements to AGREEMENT (Convention/Protocol).

7. Agreement Presentation

The Document as agreed and finalized is appended to these minutes.

Libya and Cameroon undertook to respectively update translated versions of the AFRO-CAA Agreement.

8. Inauguration

As agreed the Inauguration remains on schedule for early 2007.

9. Any other Business

Nil

10. Closure

The meeting adjourned at 16h00, 29^th November 2006.

C         Program Follow-up / Marketing

1.                   With the conclusion of the Legal Advisors meeting, the inauguration scheduled for March 2007,  at the August Lagos PIT meeting will proceed.

2.                  The Agency was detailed to visit all participating States prior to the inauguration in order to coordinate the inauguration ceremony properly.

D         SADC, EAC, IATA, ECA, AFRAA

1.                 The Agency was detailed to advice these organizations on the upcoming inauguration and invite them to the same.

2.                Other bodies listed for invitation are EASA, FAA, World Bank, ADB & AU.

E        MOUs Development

1.                 The MOUs were finalized in English at the Legal Advisors meeting held in November 2006 in Johannesburg, South Africa.  Libya undertook to translate this version into Arabic & Cameroon would produce a French version.

2.                The following is a copy of the draft in English.

PREAMBLE

WHEREAS

-    The aims of the African Union (AU) include the promotion of the safety of African civil aviation.

-    AU may foster the conclusion and implementation of multilateral instruments by a number of its Member States in furtherance of its objectives.

-    Some African civil aviation Authorities have realised the need to co-operate with a view to producing common "African Civil Aviation Requirements" so as to facilitate a  ‘level playing field’ in technical and commercial aviation standards in and with Africa.

-    Some demonstrable co-operation has already taken place between African civil aviation Authorities at a regional level (eg. East Africa and Southern Africa) to cooperate on aviation licensing, examination and other standards.

CONSIDERING

-    The benefits of an African approach to obtain a high consistent level of safety and to establish a basis for fair competition both in Africa and world-wide.

-    The duties of the States under their obligations as signatories of the Convention on International Civil Aviation dated 7th December 1944 (hereinafter referred to as the "Chicago Convention").

-    The aims of the AU which provide a framework for co-ordinated activity in Africa in various fields of civil aviation.

-    The AU membership which includes most African countries and the need to institute procedures consistent with those resulting from the objectives of the  African Union (AU).

-    The recommendations made by AFCAC (African Civil Aviation Commission) to the African Union (AU) - towards a more co-ordinated approach in African aviation safety.

-    The requests prefered by the manufacturers and the strong support given by the  airlines to a move towards a joint integrated African approach in the field of civil aircraft safety.

-    The support expressed at some regional exchanges for a more integrated structure to deal with civil aircraft safety in Africa.

-    The African Civil Aviation Agency is to be established as an associated body of the AU for the purpose of producing and publishing African Civil Aviation requirements (ACARs) and the associated guidance and administrative documents.

To this end, the following are the terms of the AFRO-CAA Agreement for the States which shall be Party thereto. 

1.         Definitions

‘ACARs’ means African Civil Aviation Requirements.

"Additional requirement for import" means a technical requirement that the       Authority of a State in which an Applicant is seeking certification (the importing State) finds necessary to add to the technical requirements.

‘AFRO-CAA’ means African Civil Aviation Agency as established by this

Agreement.

‘Agreement’ means a Convention or Protocol.

"appliance" means any instrument, equipment, mechanism, apparatus or accessory used or intended to be used in operating an aircraft in flight, which is installed in, intended to be installed in, or attached to a civil aircraft, but is not part of an airframe, engine or propeller;

"Applicant" means a person or a  company requiring certification from the

Authority of Member States for products, services, organizations or persons.

"Authority" means a civil aviation Authority Party hereto.

"Certification" (of a product, service, organization, person) means the legal

recognition that such a product, service, organization or person complies with the

applicable requirements. 

"component" means a material, or part of sub-assembly not covered by product or applience.

‘Exporting State’ means any State sending products from within its borders.

"Findings" means that under the national laws and procedures, the applicant for a

certification having shown compliance to the requirements, the Authority "finds" that compliance is achieved, ie: makes the findings of compliance.

‘Importing State’ means any State receiving products from outside its borders.

‘Legal Approval’ means evidence by signed documents delivered by a competant

Authority.

"product" means civil aircraft, engine, propeller or appliance;

‘Requirement’ means Standards or procedures which must be met before the

granting of approval.

"sole code".  A code is called a sole code if it is used exclusively by a country to

certificate products, services, persons or organizations used by national operators

(e.g.: aircraft registered in the country used by national operators, services

provided to such aircraft, persons working for such aircraft or organizations

contributing to their design, manufacture, maintenance or operation).

"Special condition" means any specification for a given product, service, person

or organization that an Authority finds necessary to add to its current certification

technical requirements to cover situations or characteristics not adequately

covered for that product, service, person or organization by the current applicable

certification requirements.

‘ Technical Finding’ means the activity of checking that technically the product,

service, organization or person complies with the applicable requirements; this

activity is referred to as making the technical findings.

"the Authorities" means all the civil aviation Authorities Party hereto.

2)         General

2.1    The Authorities commit themselves to co-operate in all aspects related to the safety of aircraft, in particular its design, manufacture, continued airworthiness, maintenance and operation to ensure that a high consistent level of safety is achieved throughout the Member States, to avoid duplication of work between the Authorities and to facilitate exchange of products, services and persons not only between the Authorities but also between the Authorities and others.

2.2    To that end they have constituted an associated body called AFRO-CAA (African Civil Aviation Agency) so as to develop, adopt and implement the African Civil Aviation Requirements (ACARs) and so as to make only once all the technical findings in those fields while each national Authority would still make the legal findings.

3)      Establishment of the AFRO-CAA

3.1       AFRO-CAA Board

3.1.1 There shall be an AFRO-CAA Board.

 3.2   AFRO-CAA Secretariat

3.2.1       There shall be an AFRO-CAA Secretariat.

4)         Functions of AFRO-CAA

The Authorities will use AFRO-CAA to perform the following functions :

4.1     To further develop, with adequate consultation, and publish African Civil Aviation Requirements (ACARs) for the use of the Authorities in the field of design, manufacture, maintenance and operations as stated in Appendix 1;  AFRO-CAA will also develop special conditions where applicable.

4.2     To define as soon as possible the general structure of the whole set of ACARs and the scope of each ACAR so that each Authority can adopt this structure and to work to remove as rapidly as possible any National Variants or national regulatory differences with the aim that each individual existing ACAR becomes a uniform code for all AFRO-CAA States.

4.3     To establish procedures based on the use of the Authorities' resources, that:

4.3.1 allow the use of only one set of technical findings in the field of design, manufacture, maintenance and operations for the benefit of and in a manner acceptable to all Authorities;

4.3.2 include practical measures for making the technical findings only once to the benefit of all Authorities (See Appendix 2).  These measures may include acceptance of technical findings made by industry, where industry conforms to agreed approval standards;

4.3.3 cover the initial certification (of products, services, organizations or people) as well as the continuation of safety standards in service.

4.4     To establish administrative and technical procedures which would require a single administrative action from the applicant for each application and which would replace the currently existing national administrative documents by a single one valid under the national laws and procedures of each Authority.

4.5  To make (in accordance with the agreed procedures in paragraph 5.3 the       technical findings needed to show compliance with ACARs.

4.6  To perform for the benefit of a non AFRO-CAA importing State, in the case of products, services, persons or organizations certificated by one of the Authorities (exporting country) and requiring certification from a non   AFRO-CAA State, the technical tasks which come under the duties of the Authority of the exporting State.

4.7     To work to explore the practicality and form of the AFRO-CAA to cover the fields of design and manufacture of products, their maintenance and their operation.

5)         Commitments of Authorities

The Authorities will :

5.1     Participate in the rulemaking process as defined in paragraph 4.1; and use their best endeavours to provide experts within the different groups involved in this process.

5.2     Adopt the structure of the whole set of future ACARs and adopt the existing ACARs as their sole codes as soon as possible.

An Authority may deviate from ACARs as a sole code:

5.2.1 on request from the authority of a non-AFRO-CAA country to certificate to a code other than ACAR, products, services, organizations or persons to be used by that country;

5.2.2 in the cases of lease, charter or interchange of aircraft to be operated by non-AFRO-CAA carriers under the terms of ICAO Annexes 6 & 8 (and) as envisaged under Article 83 bis to the Chicago Agreement.

In these cases the respective Authority is entitled to conduct its own certification instead of a certification according to  AFRO-CAA agreed code and procedures.

Should an exceptional case arise when AFRO-CAA rules and procedures appear to one signatory as not suitable for this particular case, then this signatory will discuss the case with other Parties and agree on jointly appropriate rules and procedures.

5.3     Declare all their national regulatory differences to existing ACARs (whether they stem from a technical difference or from a difference in the structure between the set of ACARs and their national codes) and commit themselves to work towards the narrowing down of these national regulatory differences or their embodiment in the appropriate ACARs.

5.4     Participate in the definition of procedures enabling the technical findings to be made only once in a way satisfactory to all Authorities.

5.5     Accept these procedures and use them exclusively when checking compliance with the ACARs and use their best endeavours to provide experts within the AFRO-CAA teams.

5.6     Make without undue delay the legal approval for those products, services, organizations or persons which have been found to comply with the relevant ACAR (and, until such legal approval, and or any remaining national regulatory differences).

5.7     Pay their share of the budget of the AFRO-CAA Headquarters(HQs)(see paragraph 7) and use their best endeavours to recommend staff for the  AFRO-CAA HQs.

6)         Organization and procedures

6.1     AFRO-CAA will be administered by an AFRO-CAA Secretariat which will work under and report to the AFRO-CAA Board of Directors General (hereinafter called the "AFRO-CAA Board").

6.2     The AFRO-CAA Board will consider and review the general policies and long-term objectives of  AFRO-CAA.  Its specific functions include in particular:

6.2.1 deciding upon questions concerning the relationship between     AFRO-CAA and States, the AU, or international organizations;

6.2.2 deciding upon any amendments to this Agreement in accordance with paragraph 11 below;

6.2.3 deciding upon the acceptance of new members of AFRO-CAA in accordance with paragraph 8.1 below;

6.3  Deciding upon measures to be taken in case a member would not fulfil the duties and commitments implied by the signing of this Agreement.

If such a case arises the following procedure applies:

6.3.1  a warning or statement of intent will be notified in writing to the member concerned;

6.3.2  the procedure will allow the member concerned to put his case (in writing or during a meeting);

6.3.3  the decision will not be made sooner than 8 weeks after the initial notification in writing;

6.3.4  any measure which would be taken directly against a member or which would revoke the privilege of easy exchange or recognition of a whole range of products or services or persons or organizations of the country of this member should be agreed by two-thirds of the AFRO-CAA Board;

6.3.5  the decision on the measures taken will also specify the date of effect.

6.4     The AFRO-CAA Board is composed of one member from each Authority  and its Secretariat will be responsible for the administrative and technical implementation of this Agreement.  Its specific functions are set out in Appendix 3.

6.5   The relationship between AFRO-CAA and the AU will be in accordance     

with the AU Constitutive Act with regard to specialised bodies of the AU.

6.6     AFRO-CAA shall be staffed by experts who may be hired individually or from  the Authorities seconded full-time or part‑time.

6.7     For the purpose of this Agreement, the part of AFRO-CAA consisting of experts is called  the AFRO-CAA Headquarters (HQs).

6.8     The organization and structure of  AFRO-CAA shall be defined and agreed by the AFRO-CAA Board.

6.9     The organization and structure can be amended by the AFRO-CAA Board on a two-thirds majority agreement.

7)         Budget

7.1     AFRO-CAA will use its best endeavours to develop a scheme enabling the recovery of costs from the Applicants. It is intended that such a scheme will be introduced as soon as practicable and in any case within 5 years.

7.2     Until such scheme is defined:

7.2.1 the budget of the AFRO-CAA HQs shall be agreed upon each year and shared by the Authorities according to an agreed formula.

7.2.2 each Authority commits itself to bear the cost and expenses of its experts participating in Study Groups or teams and will charge the Applicant according to its national practices, e.g. for certification, licences or approvals.

8)         Membership

8.1     AFRO-CAA membership will be open to the  Authorities of African States provided:

8.1.1 that the Authority explains to  AFRO-CAA its system, methods and practices in the field of design, manufacture, maintenance and operations; and

8.1.2 that Authority commits itself to the terms and duties as set out in this Agreement including the procedures agreed by  AFRO-CAA; and

8.1.3        its application is accepted by two thirds of  the AFRO-CAA Board.

8.2     The date of effective membership will be decided by  the AFRO-CAA Board when:

8.2.1 an adequate knowledge of the Applicant's practices has been acquired,

8.2.2 the changes necessary for the use of the ACAR's within the Applying State are made that would permit fairness to and consistency with other Parties allowing therefore the exchange of products, services or persons or reliance on organizations.

8.3     During the period before membership is obtained,  AFRO-CAA may provide training and support to the Authority.

9)         Commencement of operation

This Agreement shall come into force as from the date of signature.          

10)       Record of Parties

A record of the Authorities Party hereto will be kept by the AU and AFRO-CAA Secretariats.

11)       Amendment(s) to the Agreement

11.1  This Agreement may be amended by the States Party hereto.

11.2  Any Party can propose an amendment(s) to this Agreement.

11.3  Any proposal of amendment(s) must be sent in writing to the AFRO-CAA Headquarters which shall in turn forward same to all Parties.  The decision of acceptance of an amendment requires a two-thirds majority of the AFRO-CAA Board.

11.4  When an amendment is approved, the Parties will agree on the date on which the amendment will also enter into force.

12)       Appendices

12.1  Further Appendices can be added to this Agreement or amended by two-thirds majority of the AFRO-CAA Board.

12.2  The procedure for proposing and amending Appendices will be defined by the AFRO-CAA Board.

12.3  Approved Appendices and amendments hereto will be kept by the        AU/AFRO-CAA Secretariats.

13)    Signature and Ratification

13.1 This Agreement shall be open to signatures and ratification by African States in accordance with their respective constitutional procedures.

13.2  In those States where ratification is necessary, the instruments of ratification shall be deposited with the AFRO-CAA Secretariat and AU.

14)       Headquarters of the AFRO-CAA

14.1     The Headquarters of the AFRO-CAA shall be in Windhoek in the Republic of Namibia.

14.2     There shall be Regional Headquarters in :

 Libya – Northern African Region

 Nigeria – Western African Region

Cameroon – Central African Region

Ethiopia – Eastern African Region

South Africa – Southern African Region.         

15)       Working Languages

The working languages of the AFRO-CAA and all its documents shall be Arabic, English and French.

16)       Dispute Resolution

            Disputes arising from this Agreement between or amongst Parties will be resolved by mediation under the auspices of the AFRO-CAA.

17)       Withdrawal

Any State may withdraw from this Agreement by giving one year's written notice to the AFRO-CAA Secretariat which will inform the other States of such withdrawal.  Any State which withdraws from this Agreement must commit itself to keeping, during the period set by the ACARs, the archives related to AFRO-CAA and making them available on request to the other States.