The Civil Aviation (Amendment) Proclamation No. 1179/2020, published in the Federal Negarit Gazette on March 24, 2020, introduces several crucial amendments to the existing Civil Aviation Proclamation No. 616/2008.
These amendments are primarily driven by two key factors:
- International Standards: The need for the aircraft accident and incident investigation bureau to operate as a neutral body, in accordance with international standards, following its establishment by Proclamation 957/2016.
- Industry Dynamics: The necessity to address the dynamic and evolving nature of the aviation industry.
Here are the key amendments introduced:
1. Amendments to Article 2 (Definitions)
Several important terms have been redefined or added for greater clarity and scope:
- “Accident” (Sub-Article 1): Redefined to comprehensively cover occurrences associated with aircraft operation, including specific scenarios for manned and unmanned aircraft, and detailed criteria for serious injury or aircraft damage/structural failure.
- “Aerodrome” (Sub-Article 3): Redefined as a defined area on land or water, including buildings and equipment, intended for aircraft arrival, departure, and surface movement.
- “Aircraft” (Sub-Article 5): Redefined as any machine that can derive support from the atmosphere’s reactions with itself, other than reactions against the earth’s surface.
- “Aircraft Engine” (Sub-Article 6): Defined as a unit for propulsion with necessary functioning and control components, explicitly excluding propellers or rotors when applicable.
- “General Aviation operation” (Sub-Article 28): Defined as any aircraft operation other than commercial air transport or aerial work.
- “Aerodrome Operator” (Sub-Article 32): Defined as any person, organization, or enterprise involved in the planning, construction, and operation of an aerodrome.
- “Spare Part” (Sub-Article 34): Defined as a component for the replacement or repair of aircraft bodies, including engines and propellers.
- “Surveillance” (New Sub-Article 39): Added as a new definition, meaning detecting aircraft position using radar and other equipment for air traffic control purposes.
- “Ministry or Minister” (Sub-Article 44, as reshuffled): Redefined as the Ministry or Minister of Transport.
2. Amendments to Article 3
- Sub-Article (3) of Article 3 has been deleted.
3. Amendments to Article 10 (Functions of the Authority)
The Authority’s functions have been significantly expanded and clarified:
- Sub-Articles (3) and (4) replaced:
- Now specify that the Authority shall ensure airport safety & security by checking and approving aerodrome designs, and inspecting, certifying, licensing, and regulating aerodromes.
- Now specify that the Authority shall provide air traffic services, communication, navigation, and surveillance services, and aeronautical information services within and, if necessary, outside Ethiopian airspace.
- Sub-Article (15) replaced: Now outlines the Authority’s role in collecting fees and charges for Air Navigation services according to international conventions and for flight safety, inspection, control, and follow-up services from operators and airport enterprises based on approved tariffs.
- New Sub-Articles (17 to 33) added: These significantly expand the Authority’s functions, including:
- Granting, renewing, suspending, and revoking licenses for handling and forwarding dangerous goods by air.
- Granting exemptions from regulations, directives, and standards for a limited period under specific conditions.
- Negotiating and signing air services agreements.
- Approving flight schedules for airlines operating to and from Ethiopia.
- Determining land use within and around airports.
- Establishing a National Aviation Safety Program and supervising its implementation.
- Developing and implementing National Air Transport Facilitation Programs.
- Developing and implementing Airport Facilitation Program manuals.
- Ensuring proper implementation of Convention standards through audit and inspection.
- Initiating National policies concurrent with civil aviation facilitation and proposing recommendations.
- Reviewing and approving Airport Facilitation Programs.
- Developing, executing, and reviewing air navigation services and aviation security programs.
- Issuing certificates to airline operators and crew members registered in Ethiopia.
- Providing training, research, and consulting services related to aviation industries.
- Determining rules for and regulating ground handling services.
- Allowing the Authority to transfer or accept duties and functions regarding aircraft registered in Ethiopia or other states under the Chicago Convention, based on agreements with relevant foreign aeronautical authorities.
- A new Sub-Article (5) is added after Sub-Article (4) of Article 34, allowing the Authority to order the closure of an aerodrome operator if the aerodrome is unsuitable for aircraft, the inspector’s findings confirm unsuitability, or the operator fails to rectify safety issues after successive recommendations.
4. Amendments to Article 39
- Sub-Article (1) replaced: Now stipulates that any pilot in command of an aircraft in Ethiopian airspace must strictly observe designated air routes and refrain from flying in non-fly zones, limited flight zones, or designated dangerous territories.
5. Amendment to Article 50
- The title “Air traffic service” is deleted and replaced by “Air navigation Service.”
6. Amendments to Article 53
- The title of Article 53 is deleted and replaced by “Certificate and License Required.”
- The phrase “Certificate or other legal documents” is added after “operating license” in Sub-Articles (1), (2), (4), and (5).
- Sub-Article (3) replaced: Now clarifies that the Authority shall review and issue licenses, certificates, or other legal documents to applicants ready to operate an aerodrome in accordance with the Proclamation, Regulations, and Directives.
- Sub-Article (6) replaced: Now states that the Authority may suspend or cancel aerodrome operating licenses, certificates, or other legal documents to enforce the Proclamation’s provisions, regulations, directives, and orders.
7. Amendments to Article 60
- The phrase “Private Air Transport License” in Sub-Article (1) paragraph (c) is deleted and replaced by “General Aviation Operation License.”
- Sub-Article (4) of Article 60 is repealed.
8. Amendment to Article 70
- Sub-Article (1) replaced: Now makes an airline operator liable for damages caused by its aircraft or operation, or persons/objects falling from the aircraft, causing injury or property/environmental damage.
9. Amendments to Article 72
- Sub-Article (1) paragraph (b) replaced: Now establishes a penalty of up to Fifty Thousand Birr fine or one year imprisonment, or both, for using prohibited electronic devices during flight.
- New Sub-Articles (3) and (4) added:
- Sub-Article (3): Specifies a rigorous imprisonment of not exceeding ten years for intentionally discharging emissions/radiation towards an aircraft in flight, diverting navigation, or exposing the aircraft to an accident/incident.
- Sub-Article (4): States that if the offense in Sub-Article (3) is committed negligently, the penalty is a rigorous imprisonment not exceeding four years.
10. Amendments to Article 78 (Penalties)
Penalties for various violations have been revised:
- Sub-Article (1) replaced: Now imposes a fine of up to Five Million Birr on any foreign civil aircraft operator violating Article 40 (1) or (2).
- Sub-Article (2) replaced: Now imposes a fine of not less than Three Hundred Thousand Birr and not exceeding Four Hundred Thousand Birr on civil aircraft operators (excluding commercial transport, aerodrome operators, training schools, maintenance organizations, owners, or personnel) who violate any provision of the proclamation or related regulations/directives, depending on the violation’s gravity.
- Sub-Article (3) replaced: Now imposes a fine of not less than Four Hundred Thousand Birr and not exceeding Five Hundred Thousand Birr on any civil aircraft operator conducting commercial transport who violates any provision of the proclamation or related regulations/directives, depending on the violation’s gravity.
Effective Date
The Proclamation entered into force upon its publication in the Federal Negarit Gazette on March 24, 2020.