FRENCH REPUBLIC MINISTRY OF DEFENCE Decree n 2013-366 of 29 April 2013 relating to the creation of DSAÉ. The President of the Republic, On the report of the Prime Minister and the Minister of Defence; Considering the ICAO convention of 7 December 1944 Considering Regulation (EC) n 216/2008 of the European Parliament and the Council of 20 February 2008 on common rules in the field of the civil aviation and establishing a European Aviation Safety Agency, and abrogating the directive 91/670/EEC of the Council, the Regulation (EC) n 1592/2002 and the directive 2004/36/CE, in particular the article 1; Considering the French code of transport, in particular its article L. 6100-1; Considering the code of Defence, in particular its articles R*.3121-2, D*.1442-5, D*.1442-6; Considering the code of civil aviation, in particular its articles D.131-1 to D.131-10; Considering the amended decree n 87-389 of 15 June 1987 relating to the organisation of the services of central administration; Considering the amended decree n 92-604 of 1 July 1992 enacting the devolution charter; Considering the amended decree n 97-464 of 9 May 1997 relating to the creation of services with national competence; Considering the decree n 2008-1299 of 11 December 2008 creating the Civil Aviation Safety Directorate (French CAA); Considering the amended decree n 2009-1178 of 5 October 2009 enacting the organisation of the central administration of the Ministry of Defence; Considering the decree n 2013-3676 of 29 April 2013 relating to the rules for use, airworthiness and registration of Military Aircraft and State owned Aircraft operated by Customs, Public Safety and Civil Protection services, in particular its article;. The Cabinet having endorsed, Enacts: CHAPTER I General provisions Article 1 DSAÉ is created as a service with national competence under the Ministry of Defence. - 1 -
DSAÉ carries out its missions, besides, for the Home Secretary and the Minister in charge for the Customs. Article 2 DSAÉ is competent in the following fields: - airworthiness and registration of State Aircraft; - military air traffic management, airspace organisation and management. State aircraft means for the enforcement of the present decree military aircraft and State owned Aircraft operated by Customs, Public Safety and Civil Protection services in accordance with the provisions of the decree n 2013-367 of 29 April 2013 aforementioned. Article 3 In matters of airworthiness of State aircraft, the duties are allocated between the Aviation Operating Authorities, a Technical Authority and a State Aviation Safety Authority. I. The Aviation Operating Authorities under the Minister of Defence are the Army Chief of the Staff, the Navy Chief of the Staff, the Air Force Chief of the Staff and the head of DGA. The Aviation Operating Authorities under the Home Secretary are the general director of the national Gendarmerie, the general director of the Public Safety and Civil Protection services. The Aviation Operating Authority under the Minister in charge for the Customs is the general director of the Customs and excise taxes. II. The Technical Authority is the head of DGA. He performs the duties of Technical Authority within the Ministry of Defence as well as for the Home Secretary and the Minister in charge for the Customs. III. The State Aviation Safety Authority is the head of DSAÉ. He performs the duties of State Aviation Safety Authority for the Minister of Defence, the Home Secretary and the Minister in charge for the Customs. Article 4 The head of DSAÉ is appointed upon proposal from the Minister of Defence, after the opinion of the Home Secretary and the Minister in charge for the Customs. In matters of airworthiness and State aircraft registration, the head of DSAÉ is assisted by a deputy, airworthiness director, who deputizes for him, in case of absence or impediment, to perform his duties in this field. He is appointed upon proposal from the head of DSAÉ, after opinion of the Aviation Operating Authorities. In matters of air traffic management, airspace organisation and management, head of DSAÉ is assisted by a deputy, general from the Air Force, director of military air traffic, who deputizes for him, in case of absence or impediment, to perform his duties in this field. A ministerial order of the Minister of Defence, after opinion of the Home Secretary and the Minister in charge for the Customs, defines the organisation of DSAÉ. - 2 -
Article 5 I The steering committee of DSAÉ, chaired by the 4* General, armies general inspector, is composed of the Aviation Operating Authorities of Art 3 of the present decree and the head of DSAÉ, or their representative. The Technical Authority, the Chief of Defence (CHOD) and the general, head of air defence and air operations, or their representative attend the steering committee. On the initiative of one the member of the steering committee and with the agreement of the chairman, experts can be invited, according to the items of the agenda. II The steering committee of DSAÉ is tasked: 1 to examine the DSAÉ annual activity, to set the strategic directions and to approve the action plan of DSAÉ. As such, it may provide the competent authorities with any proposal about the evolution of the means necessary to fulfil the missions of DSAÉ. 2 to approve the State aviation safety programme; 3 to collect the agreement, in accordance with the conditions of III of the present article: a) of the Aviation Operating Authorities on the technical regulatory developments relating to continuing airworthiness and State aircraft registration; b) of the general directorate of the national Gendarmerie, of Army Chief of the Staff, the Navy Chief of the Staff, the Air Force Chief of the Staff and the head of DGA on the evolutions of the technical regulation relating to air traffic management, airspace organisation and management; 4 to rule on any issue submitted by the head of DSAÉ or by any of its members; III The steering committee of DSAÉ meets at least once a year and as much as needed, on convening order from its chairman, upon the initiative of the latter or upon request from one of its members. The agenda is set by the chairman of steering committee, upon proposal from the head of DSAÉ, after consultation of the steering committee members. It must comprise the consideration of the issues, of which one of the steering committee members requested the inclusion in the agenda. The steering committee secretariat is provided by DSAÉ. The steering committee adopts proposals for changes to the regulation on the basis of unanimity of the members mentioned in 3 of the present article. These proposals may include implementing arrangements and deadlines specific to each Aviation Operating Authority to take into account eventual particular needs. The steering committee relies on regular consultation of representatives from the administrations concerned, in accordance with the terms and conditions defined by a ministerial order. CHAPTER II Role of DSAÉ in matters of airworthiness and registration of State aircraft - 3 -
Article 6 I The head of DSAÉ: 1 defines the technical regulation relating to continuing airworthiness of State aircraft, upon proposal from the steering committee of DSAÉ consulted in accordance with the terms and conditions of article 5 of the present decree and after opinion of the Technical Authority; 2 proposes to the competent ministers, in conjunction with the Technical Authority, the regulation relating to conditions for issuing, maintaining, modifying, suspending or revoking Type Certificates, Certificates of Airworthiness and Permits to Fly and maintenance licences for State aircraft and to the regulation relating to State aircraft registration. II The head of DSAÉ oversees the enforcement of airworthiness rules. III The head of DSAÉ has a delegation of powers to sign artefacts relating to: 1 issuing, maintaining, modifying, suspending or revoking: - certificates of Airworthiness of State aircraft; - approvals of Continuing Airworthiness Management Organisations (CAMO), Maintenance Training Organisations (MTO) and Maintenance Organisations (MO) for State aircraft or State aircraft parts; 2 issuing, maintaining, modifying the maintenance licences for State aircraft, as well as, on the basis of the decisions taken according to the statuary provisions applicable to each category of personnel, suspending or revoking them; 3 registration of aircraft, except those recorded on the register of the Technical Authority. The head of DSAÉ may authorize officers, category A civil servant and contractual agents in charge of duties equivalent to his direction to sign all artefacts for which he received delegation of powers in application of the present article. CHAPTER III Role of DSAÉ in matters of air traffic management, airspace organisation and management Article 7 Article 8 CHAPTER IV Role of DSAÉ in matters of aircrew training and aircraft operation Article 9-4 -
CHAPTER V Miscellaneous provisions Article 10 Under its competences, the direction of DSAÉ is in charge of: 1 providing services or expertise for the Technical Authority and to the Aviation Operating Authorities mentioned in article 3 of the present decree, for the Air accident investigation board, to national and international civil and State organisations and, subject to acceptance, for any soliciting entity; 2 representing the State, within the limits of its duties, vis-à-vis national and international authorities; 3 preparing the State aviation safety programme submitted for approval to the steering committee and coordinating and overseeing its implementation. CHAPTER VI Final provisions Article 11 The code of Defence is amended as follows: I. The 7 th bullet of article D.*1442-5 is replaced by the following provisions: In the cases provided for in article L.1111-2, upon decision of the Prime Minister, the responsibility of organising and regulating the military air traffic management is given to the commanding officer of air defence. In the same conditions this responsibility may be extended to controlling any air traffic within the national airspace. II. The 8 th and 9 th bullets of article D.*1442-6 are deleted; III. The sub-section 3 of section 5 of chapter IV of title II of book II of the third regulatory part comprising the articles D.3224-13 to D.3224-18 is abrogated. IV. In articles D.3541-4, D.3551-4, D.3561-4 and D.3571-4, reference to articles D.3224-13 to D.3224-18 is deleted. Article 12 The decree n 2009-1178 aforementioned is amended as follows: I. A bullet V is added to article 2: V; - DSAÉ, service with national competence under the Minister of Defence. II. In article 4, the words: in III and in IV of article 2 are replaced by the words: in III, in IV and in V of article 2. Article 13 The provisions of the present decree are applicable on the whole territory of the Republic. - 5 -
Article 14 The present decree may be amended by decree, with the exception of the provisions of I of article 11. Article 15 The Prime Minister, the Minister of Finance, the Home Secretary, the Minister of Defence ( ) are tasked, of the carrying out of this decree, which will be published in the Journal officiel de la République française. Signed in Paris, on 29 April 2013. By the Prime Minister The Minister of Finance, The Home Secretary, The Minister of Defence, - 6 -