Decree No. (595) of 2013 restructuring the National Committee for Civil Aviation Security and the Airport Security Committee

Cabinet

Decree No. (595) of 2013 AD

restructuring the National Committee for Civil Aviation Security

and the Airport Security Committee

The Cabinet,

Upon review of:

• The Constitutional Declaration and amendments thereto;
• Law No. (6) of 2005 AD on aviation;
• Law No. (12) of 2010 AD on issuing the Labour Relations Law and the implementing regulations thereof;
• General National Congress Decree No. (9) of 2012 AD on appointing the prime minister and assigning him to form the interim government;
• General National Congress Decree No. (10) of 2012 AD on granting confidence in the interim government;
• Cabinet Decree No. (37) of 2012 AD on specifying the competencies of the administrative unit of the Ministry of Communication and approving certain provisions;
• (Former) General People’s Committee Decree No. (196) of 2007 AD on forming the National Committee for Civil Aviation Security and the Airport Security Committee;
• Minister of Communication Letter No. (1464) dated 24/02/2013 AD;
• The submission of the Secretary General of the Cabinet in Letter No. (757) dated 24 March 2013 AD and Letter No. (4212) dated 17 September 2013 AD;
• The decrees of the Cabinet in its sixteenth and nineteenth extraordinary meeting of 2013 AD;

has decreed:

Article (1)

The National Committee for Civil Aviation Security and the Airport Security Committee established under Decree No. (196) of 2007 AD shall be restructured as set out in this Decree.

Article (2)

The National Committee for Civil Aviation shall be formed under the chairmanship of the Minister of Communication and shall have the following as members:

1. Minister of Petroleum
2. Head of the Libyan Intelligence Service
3. A representative of the Ministry of Communication
4. A representative of the Ministry of Defence
5. A representative of the Ministry of Interior
6. A representative of the Ministry of Foreign Affairs
7. A representative of the Ministry of Labour
8. A representative of the Ministry of Finance
9. A representative of the Ministry of Health
10. A representative of the Airports Authority
11. A representative of the Customs Authority
12. A representative of the Civil Aviation Security Office

Article (3)

Representatives to the committee formed under Article (2) hereof holding competence and expertise shall be nominated by the competent minister or person with the powers thereof and shall be named to the committee under a decree from the Minister of Communication.

Article (4)

The National Committee for Civil Aviation Security shall hold competence to perform the following:

1. Monitor implementation of all matters related to civil aviation security as set out in the Chicago Convention and amendments thereto, by implementing the standard rules listed in the related Annexes, the Civil Aviation Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, and other manuals related to civil aviation security issued by the International Civil Aviation Organization, as well as the agreements in force related to civil aviation security and national and international legislation to which Libya is a party.
2. Provide advice on the security protection procedures to be adopted to face threats to civil aviation and civil aviation facilities and services, and prepare, review, and introduce amendments to proposals to improve such.
3. Issue instructions related to security procedures to be adopted by all bodies holding competence in civil aviation security, including airport administration, through the Airports Authority and other bodies and air investors, in coordination with the Civil Aviation Security Office at the Aviation Authority.
4. Coordinate with the bodies holding competence in providing air navigation services, airport administration, and air operators to address any air traffic threats.
5. Submit proposals the observe security considerations when designing new airports or expanding existing facilities.
6. Propose changes that must be made to the national policies on civil aviation security.
7. Study the recommendations submitted by airport security committees and adopt the necessary procedures with regard thereto, in coordination with the competent bodies.
8. Propose legal, financial, and technical measures to support and ensure the success of the National Program for Civil Aviation Security.
9. Adopt the necessary arrangements to conduct periodic unplanned inspections of Libyan airports.

Article (5)

The National Committee for Civil Aviation Security may form a select committee for crisis management and dealing with hijackings for the safety of the aircraft and passengers using the manners and means it deems sufficient to achieve such objective. In doing so, it may seek the assistance of any experts and specialists it deems necessary, whenever needed.

Article (6)

A committee called the Airport Security Committee shall be established in every Libyan airport, working under the supervision of the National Committee for Civil Aviation Security, chaired by the general director of the airport and having as members representatives from the following bodies:

1. Ministry of Foreign Affairs
2. Ministry of Interior
3. Ministry of Justice
4. Ministry of Defence
5. Ministry of Communication
6. Ministry of Health
7. Ministry of Oil
8. Customs Authority
9. Air Navigation Department
10. Fire Fighting and Rescue
11. National and foreign aircraft companies
12. Handling and ground services companies
13. Aircraft catering companies
14. Renters of service facilities at the airport

Representatives shall be named under a decree from the competent minister or person exercising the powers thereof.

Article (7)

The Airport Security Committee shall perform the following duties:

1. Provide advice on security procedures and measures and coordinate the implementation thereof among the various bodies at the airport as related to their security, including posting instructions to be followed by passengers and workers in emergencies.
2. Supervise and monitor the implementation of the airport security program, including the special measures set by the airport administration, air investors, and renters at the airport.
3. Seek guidance from the Security Manual for Safeguarding Civil Aviation Document No. (8973).
4. Prepare and keep a list of sensitive sites, including basic equipment and facilities, and review the security situation at these sites from time to time.
5. Confirm that minimum security procedures and the measures to deal with all threats have been established and are subject to ongoing review under normal conditions and in periods of increased tension and emergencies and monitor the implementation of the recommendations and measures on improving security procedures.
6. Adopt the arrangements necessary to address periodic unplanned security inspection procedures.
7. Notify the competent bodies of the security situation and the security procedures in effect at the airport and notify them of security problems related to protecting the airport and airport services at the local level.
8. Promote security awareness and culture among airport employees.
9. Confirm that security protection measures are adopted prior to the implementation of airport expansion projects or modifications to the components thereof.

Article (8)

The Airport Security Committee formed under Article (8) of this Decree shall implement the decrees, instructions, and measures issued by the National Committee for Civil Aviation Security and prepare periodic security reports and forward them to such Committee.

Article (9)

The National Committee for Civil Aviation Security formed under Article (1) of this Decree shall be affiliated to the Ministry of Communication and Transportation. The Minister of Communication and Transportation shall issue a decree organising the work mechanism of the Committee and the committees affiliated thereto or subject to its oversight, in particular the manner of holding their meetings, their remunerations system, and related provisions.

Article (10)

(Former) General People’s Committee Decree No. (196) of 2007 AD on forming the National Committee for Civil Aviation Security and the Airport Security Committee shall be repealed.

Article (11)

This Decree shall enter into force on the date of its issue and any provision that conflicts herewith shall be repealed. The concerned bodies shall enforce this Decree and it shall be published in the Official Gazette.

The Cabinet – Libya

Issued on 27 Dhu al-Qaada 1434 AH

Corresponding to: 03 October 2013 AD