OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 8th Year No. 20 ADDIS ABABA - 14h May , 2002 CONTENTS Proclamation No. 273/2002 Ethiopian Civil Aviation Authority Re - estblishment Proclamation . .Page 1740 PROCLAMATION NO . 273/2002 THE ETHIOPIAN CIVIL AVIATION AUTHORITY RE - ESTABLISHMENT PROCLAMATION WHEREAS , it is necessary to ensure the efficiency , orderly development of the Aviation Industry in Ethiopia ; WHEREAS , it is necessary that aircraft operating in the safe and efficient manner and in accordance with the relevant WHEREAS , it is necessary to give effect to the Chicago Aviation Organization ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) Ethiopia , it is hereby proclaimed as follows : Part One General 1. Short Title This Proclamation may be cited as the " Ethiopian Civil Aviation Authority Re - establishment Proclamation No.273 / 2002 . ” 2. Definitions In this Proclamation , unless the context otherwise requires : 1 ) “ Aerodrome ” shall mean any defined area of land or water intended or designed to be used either wholly or partly for the landing , take - off , movement or servicing of aircraft , and any buildings , ins tallations and equipment on or adjacent to any such area used for these purposes ; WwtJnåtfPrice 2240 archive.com The African Law Archive No. 20 14 May , 2002- ~ Page 1741 2 ) “ Aircraft ” shall mean any machine that can derive support in the atmosphere from the reactions of the air other than the reaction of air against the earth's surface . 3 ) “ Accident " shall mean an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked , in which : ( a ) a person is fatally or seriously injured as a result 1 ) being in the aircraft , or 2 ) direct contact with any part of the aircraft , including parts which have come detached from the aircraft , or 3 ) direct exposure to jet blast , except when the injuries are from natural causes , self inflicted or inflicted by other persons , or when the injuries are to stow aways hiding outside the areas normally available to the passengers and crew ; or ( b ) the aircraft sustains damage or structural failure which : 1 ) adversely affects the structural strength performance or flight characterstics of the aircraft , and 2 ) would normally require major repair or replacement of the affected component , except for engine failure or damage when the damage is limited to the engine , its cowlings or accessories ; or for damage limited to propellers , wing tips , antennas , tires , brakes , fairing , small dents or punc ture holes in the aircraft skin ; or ( c ) the aircraft is missing or is completely inacces sible . 4 ) “ Incident " shall mean an occurrence other than an accident associated with the operation of an aircraft which affects or could affect the safety of operation . 5 ) “ Air Navigation ” shall_mean the operation of guiding an aircraft from one place to another , and includes the fixing of the position of an aircraft . 6 ) “ Air Navigation Facility ” shall mean any area , lights , apparatus or equipment for disseminating weather information , signaling , radio directional finding , radio communication or any other facility for guiding or controlling flight in the air or the landing and take - off of aircraft ; 7 ) " Airline " shall mean any commercial enterprise engaged in scheduled , domestic or international public air transport service ; 8 ) “ Air Route ” shall mean the airspace designated by the Authority for aircraft navigation ; 9 ) “ Air Traffic Control Service " shall mean the provision of service to prevent collisions between aircraft and obstruction and expediting and main taining of an orderly flow of air traffic ; 10 ) “ Air Transport Service " shall mean the carriage by air of passengers , mail and goods ; The African Law Archive 11 ) “ Airworthin .. ” shall mean the ability of an aircraft , with all its necessary components and accessories , to perform its function satisfactorily as determined by the Authority . 12 ) “ Aviation personel ” shall mean any individual who engages as pilot in command , co - pilot or flight engineer or any other member of the flight crew of an aircaft or who is involved in the inspection , maintenance , overhaul or repair of aircraft , aircraft engines , propellers or components or who serves in the capacity of air - traffic controller or aircraft dispatcher . 13 ) “ Chicago Convention ” shall mean the Covention on International Civil Aviation signed at Chicago in December 1944 . 14 ) " Danger Area " shall mean an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times ; 15 ) " Foreign Aircraft ” shall mean any aircraft not registered in Ethiopia ; 16 ) “ General Aviation Services ” shall mean any aircaft activities except that of airline . 17 ) “ Minister ' or ' Ministry ' shall mean the Minister or Ministry of Infrastructure ; 18 ) “ Operator ” shall mean , in relation to an aircraft , the person having the management or use of the aircraft for the time being ; 19 ) " Person " shall mean a natural or juridical person ; 20 ) " Prohibited area " shall mean an airspace of defined dimensions within which the flight of aircraft is prohibited ; 21 ) “ Restricted Area ” shall mean an airspace ofdefined dimensions within which the flight of aircraft is restricted in accordance with certain specified conditions , 22 ) “ State Aircraft ” shall mean aircraft used ex clusively for military , customs and other similar public service . 3. Scope of Application 1 ) This Proclamation shall apply : ( a ) to all civil aerodromes , ( b ) to all airlines and general aviation services operators established or operating in Ethiopia ; ( c ) to any aircraft registered by the Authority ; ( d ) to any foreign aircraft within Ethiopian Territory ; ( e ) to all aviation personnel and training establish ments ; ( f ) to all organizations involved in the design , manufacture , maintenance , repair and modification of aircraft ; and aircraft parts and components . 2 ) Unless otherwise provided by Regulations issued hereunder , this proclamation shall not apply to State Aircrft . The Africah Law Archive * - No. 20 145 May , 2002- ~ Page 1743 PART TWO The Civil Aviation Authority 4. Re - establishment of the Civil Aviation Authority 1 ) The Ethiopian Civil Aviation Authority ( hereinafter referred to as the “ Authority " ) is hereby re - es tablished as an autonomous Public Office having its own juridical personality . 2 ) The Authority shall be accountable to the Minister . 5. Head Office of the Authority The Authority shall have its head office in Addis Ababa and may establish branch offices elsewhere . 6. Objectives The objectives of the Authority shall be : 1 ) to promote and maintain an efficient and economical civil air trnasport and general aviation service system and to facilitate the provision of secure and safe air transportation ; 2 ) to develop domestic and internaional air transpor tation networks and to ensure a reliable and long lasting air transport system ; 3 ) to control and ensure the safe and efficient use of Ethiopian airspace ; 4 ) to apply and enforce all laws , regulations and directives relating to civil aviation and international conventions and agreements to which Ethiopia is a party . 7. Powers and Duties of the Authority The Authority shall have all powers necessary for the attainment of its objectives . Subject to this , the Authority shall , in particular , have the powers and duties to : 1 ) control and regulate the legality of the manufacture , possession , use , operation , sale , import and export of any aircraft ; 2 ) license aviation personnel ; 3 ) inspect , license and regulate all aerodromes ; 4 ) provide air traffic , navigation , aeronautical com munication and information services within and outside the Ethiopian airspace ; 5 ) license , certificate and regulate the operators of air transport and general aviation services ; 6 ) revoke or suspend any license or certificate for good cause ; 7 ) determine the conditions under which passengers , goods and mail may be transported in aircraft ; 8 ) prohibit the placement , remove or cause the removal of any object deemed obstructions to safe flight operations within aircraft take - off and landing areas ; or require the placement of navigational aids wherever necessary ; 9 ) conduct research with regard to the development of aviation industry in Ethiopia , prepare plans and programmes and formulate policy for the use of navigable airspace and other projects relating to aviation ; 10 ) prescribe air traffic rules and regulations governing the flight of aircraft ; 11 ) ensure the provision of the air transport service to the public is safe , expeditious and adequate ; * The African Law Archive 12 ) implement the national aviation security program issued by the Government in accordance with international agreement to which Ethiopia is a party ; 13 ) register all civil aircraft and any right relating thereto ; assign registration marks ; issue aircraft registration certificate , inspect and issue airwor thiness certificates ; specify the type of service to which the aircraft is to be used ; prescribe conditions as to the maintenance and repair of aircraft ; 14 ) identify air routes to be used within Ethiopia and prescribe the conditions of their use ; determine conditions for air navigation and admission to and departure from Ethiopian territory ; designate and specify restricted , prohibited and danger areas and air routes and enforce the implementation thereof in co - operation with other government agencies ; 15 ) determine the standards of Civil Aviation schools , aircraft maintenance and repair centers and other facilities related to aircraft operations ; award cer tificates to their graduates , establish training ins titutions which produce the required experts for its own operation ; 16 ) collect all fees , rents and other charges payable for services given or facilities provided ; 17 ) take measures to minimize any adverse effect on the environment and any disturbance to the public form noise , vibration atmospheric pollution or any other cause attributable to the use of aircraft for the purpose of civil aviation ; 18 ) Conduct and coordinate a search for rescue operations of any civil aircraft , investigate aircraft accidents and incidents ; prepare and issue inves tigation reports ; organize a national search and rescue unit and co - ordinate with other Government Agencies , Ministries or Organizations so as to pool resources and man power for the conduct of aircraft search and rescue service within the Ethiopian Air Space , as well as conclude agreements with neigh bouring countries for this purpose ; 19 ) publish and distribute aeronautical information of a lasting nature in the form of an Aeronautical Information Publication ( AIP ) , the contents of which shall be binding to all those engaged in Civil Aviation activities within the Ethiopian Air Space , as well as publish and issue maps and charts that may have International Mandatory Requirement . 20 ) implement and enforce the provisions of the Proclamation and Regulations and Directives is sued hereunder and international conventions and agreements to which Ethiopia is a party . 21 ) enter into contract , sue and be sued and submit disputes to arbitration ; 22 ) buy , sell , own and lease movable and immovable WWWAfc - idamięyAqÀYAPTOR 11 The African Law Arghoperty aš its wmvitiks tequirawArchive.com 23 ) In pursuit of its duties conduct inquiries , enter an air craft , ground any air craft , seize any document or request any information necessary in any case where the Authority has reason to beleave that there has been , or is likely to be , a breach of this proclamation or Regulations and Directives issued hereunder . 8. Management 1 ) The Authority shall have ( a ) A Director General ; and ( b ) the necessary staff . 2 ) The Director General shall be appointed by the Government upon recommendation of the Minis 9. Powers and Duties of the Director General 1 ) The Director General shall , subject to the general directives of the Ministry , be the chief executive officer of the Authority and shall direct and administer the activities of the Authority . 2 ) Without prejudice to Sub - Article ( 1 ) above , the Director General shall , in accordance with the law carry out the following . ( a ) implement the powers and duties of the Authority specified in Article 7 of this Proclamation ; ( b ) prepare and submit to the Minister , the work programme and budget of the Authority and implement same upon approval ; ( c ) effect expenditure in accordance with the approved budget and work programme of the Authority ; ( d ) prepare and submit policies regarding Civil Aviation to the Minister ; and implements same upon approval ; ( e ) administer personnel in accordance with the Federal Civil Service Laws ; ( f ) Select and recommend to the Minister for appointment of officials of the Authority who are directly accountable to him ; ( g ) prepare and submit to the Minister the rate for the fees and charges to be collected by the Authority and implement same when ap proved by the Government ; ( h ) represent the Authority in all its dealings with third parties ; ( i ) Prepare and submit to the Ministry the annual operational and financial reports of the Authority ; ( ) carry out any other duties required by the Minister 3 ) The Director General may delegate part of his powers and duties to the Authority's department heads and other employees to the extent necessary for the efficient management of the activities of the Authority ; provided , however , that the prior con sent of the Minister is required where such official is to act on behalf of the Director General . 10. Fund The Fund of the Authority shall consist of : 1 ) all fees , rents , dues and charges of whatever nature collected by the Authority and all proceeds ob tained from sales of property . 2. ) any other money received by the Authority for the * The African Law Archive purposeswh.careyinganutits activities and 3 ) Budget allocated by the Government as required 11. Budget and Fiscal Year 1 ) The yearly budget of the Authority shall be approved by the Government , 2 ) The fiscal year of the Authority shall begin from the first day of Hamle and end on the 30th day of Sene ; 3 ) The fund referred under Sub - Article ( 2 ) ( g ) of Article 9 of this proclamation should be deposited in a bank account opend in the name of the Authority and shall be expended in accordance with the approved annual work programme and budget of the Authority ; 4 ) The surplus of the Authority shall be paid to the government treasury . 12. Account and Annual Reports The Authority shall keep full and accurate accounts of its expenditures and revenues and shall within six ( 6 ) months of the expiry of each fiscal year submit a duly audited statement of expeditures and revenues to the Ministry . 13. Auditors The books of account and all the financial affairs of the Authority shall be audited annually by the Auditor General or other auditors assigned by him . PART THREE MISCELLANEOUS PROVISIONS 14. Prohibitions and Use of Airspace 1 ) No one shall import , export , manufacture , maintain or repair in Ethiopia any aircraft otherwise than under and in compliance with the terms of an authorization granted by the Authority . 2 ) An Ethiopian operator may not engage in any flight for reward otherwise than under and in compliance with the terms of an air operator's certificate granted to the operator by the Authority ; 3 ) Scheduled or non scheduled air transport services may be operated in Ethiopia only by authorization of the Authority subject to such conditions that may be prescribed or by Regulation to be issued by com petent Authority . 4 ) ( 1 ) An aircraft used by a foreign operator and engaged in non - scheduled air transport services shall not have the permission to take on , without authorization from the Authority , in the territory of Ethiopia , passengers , mail or cargo carried for reward or hire and delivered to another point within the same territory , ( 2 ) The right of a foreign operator to take on or discharge in the territory of Ethiopia , passen gers , cargo and mail , shall be made in accor dance with the regulations issued by competent authority . 5 ) _No_one shall , in any capacity determined by Regulations issued under this Prolamation , perform services as aviation personnel unless he is the holder of a valid license or certificate issued pursuant to the provisions of this Proclamation or validated under the provisions of such international agreements to which Ethiopia is a party . 6 ) An aircraft shall notify within the territory of Ethiopia otherwise than under and in compliance with a valid certificate of airworthiness duly issued under the provisions of this Proclamation or ren dered valid pursuant to the provisions of such international agreements to which Ethiopia is a party The African Law Archive 7 ) Any authorization , permission , license or certificate issued by the Authority under this Proclamation or Regulations issued hereunder may be suspended by the Authority if there is a reason to believe that the requirements for granting such an authorization , permission , license or certificate are no longer being complied with or the holder of such authorization , permission , license or certificate is found to be in default . On sufficient ground being shown to its satisfaction after due inquire the Authority may revoke the relevant document . 8 ) No foreign state aircraft shall operate in the territory of Ethiopia except under and in compliance with a special agreement or a permission granted by the competent government authority . 15. Acquisition of Land The Authority may acquire , in accordance with the law , any land for its own use . 16. Duties and Responsibilities It shall be the duty of any operator of air transport or general aviation services and of any person engaged in operating , inspecting , maintaining , repairing overhauling aircraft or aricraft parts and equipment to comply with all Regulations , Directives , Rules and Procedures issued hereunder . 17. Penalties ( a ) Any person who violates the provisions of this Proclamation and Regulations or Directives issued hereunder shall be punished in accordance with the Penal Code . ( b ) In the event that a person violates any provision of this Proclamation or any Regulations or Directives or condition of a license or certificate issued to him hereunder , the Director General may suspend or revoke in whole or in part , any certificate or license issued to that person hereunder . ( c ) Any person substantially aggrieved by the Director General's order may appeal to the Minister whose decision shall be final and binding . 18. Power to Issue Regulations and Directives ( a ) The Council of Ministers may issue Regulations necessary for the execution of this Proclamation . ( b ) The Minister may issue directives for execution of the Regulations issued in accordance with this proclamation . 19. Repeal The Civil Aviation Proclamation No. 111/1977 is hereby repealed by this Proclamation . 20. Regulations to Continue in Force The Registration of Aircraft Regulations No. 306/1965 ( as amended ) shall continue in force as though issued by the Council of Ministers under this Proclamation . 21. Effective Date This Proclamation shall enter into force as of the 14th day of May , 2002 . Done at Addis Ababa , this 14th day of May , 2002 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive *
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