AUDIT SUMMARY REPORT OF THE DIRECTORATE OF CIVIL AVIATION OF TOGO

ICAO Universal Safety Oversight Audit Programme AUDIT SUMMARY REPORT OF THE DIRECTORATE OF CIVIL AVIATION OF TOGO (Lomé, 25 to 31 January 2000) INTERNATIONAL CIVIL AVIATION ORGANIZATION

ICAO UNIVERSAL SAFETY OVERSIGHT AUDIT PROGRAMME Audit Summary Report of the Safety Oversight Audit Mission to the Republic of Togo (Lomé, 25 to 31 January 2000) 1. BACKGROUND 1.1 The Directorate of Civil Aviation (DCA) of Togo was initially assessed under the voluntary ICAO safety oversight assessment programme from 8 to 10 April 1997 by an ICAO assessment team. The present audit was carried out from 25 to 31 January 2000, pursuant to Assembly Resolution A32-11 and in accordance with the updated Memorandum of Understanding (MOU) signed by Togo and ICAO on 17 November 1999 (Supplement A to the interim report sent to Togo on 1 March 2000). The objectives of the audit were twofold. First, it gave effect to the mandate entrusted to ICAO under the above-mentioned Assembly Resolution. Second, the audit was carried out to ascertain the progress made in implementing the recommendations made during the voluntary assessment carried out in 1997 and, where necessary, to double-check the safety oversight capabilities of Togo s DCA. Finally, the audit was intended to ensure that Togo is in conformity with the ICAO Standards and Recommended Practices (SARPs) as contained in Annexes 1, 6 and 8 to the Chicago Convention, the pertinent guidance material and generally applicable safety practices. 1.2 On 3 April 2000, Togo sent ICAO an action plan responding to the findings and recommendations put forward during the safety oversight audit mission. The action plan submitted by Togo was considered partially acceptable by ICAO. However, some recommendations needed to be clarified since they did not indicate any implementation date. On 28 April 2000, ICAO sent Togo a letter requesting clarification on some points in the proposed action plan. On 7 June 2000, Togo sent a corrected remedial action plan with specific dates and clarifications. 2. CIVIL AVIATION ACTIVITIES IN TOGO The following information related to civil aviation activities in Togo has been taken from the summary section of the pre-audit questionnaire and was confirmed by the team during the audit: a) number of technical staff employed by the administration at Headquarters 10 b) total number of active pilot licences 62 c) total number of other flight crew active licences 12 d) number of public air transport operators 4 e) number of air operator certificates issued 4 f) number of aircraft operations inspectors 1 g) number of aircraft registered in the State 14 h) number of aircraft maintenance workshops 5

-2- i) number of airworthiness inspectors 1 3. SUMMARY OF FINDINGS 3.1 General statement 3.1.1 The main civil aviation legislation of the Republic of Togo Civil Aviation Code Order No. 15 of 14 March 1975 and the different implementation texts was adopted in keeping with the requirements in terms of regulating civil aviation activities in Togo. These texts do not cover all the provisions of the Chicago Convention and Annexes dealing with the audit fields, and the scant implementation of other provisions of the Annexes does not make it possible to exert the desired legal force. The DCA has recently done in-depth work preparing draft texts aimed at updating and amending the regulatory package. 3.1.2 The DCA does not have adequate staff for the current level of activity in the aviation field in Togo. The DCA s technical level should be strengthened and its technical personnel need to be trained to enable them to assist the industry in its development and play its role in ensuring air safety. Furthermore, the DCA should establish an initial and ongoing training policy for its technical personnel. The DCA should also draft a procedures manual to guide its technical personnel and ensure that routine actions are taken in compliance with the DCA s terms of. 3.1.3 As to personnel licensing and training, the Annex 1 provisions have not been incorporated into Togo s regulations and the differences which exist have not been notified to ICAO. Although the Civil Aviation Code requires that training centres be monitored, such monitoring is not carried out by the DCA for lack of human and material resources. 3.1.4 The conduct of commercial air transport activity in Togo is subject to authorization by the Minister responsible for civil aviation, together with a certificate of proficiency issued by the Director of Civil Aviation. Since Togo has not adopted regulations concerning aircraft operations and has not established an operator certification and supervision system, the level of this process falls short of the Annex 6 requirements and operators responsibilities in the fields of operations and airworthiness are not explicit. 3.1.5 Togo has established a Civil Aviation Code and regulations in the form of decrees which cover the minimum aspects relating to airworthiness. However, airworthiness regulations should be developed for aircraft with Togo registration and airworthiness certificates. In addition, specific policies and procedures should be developed by the DCA to implement a monitoring system. Furthermore, the DCA does not have a technical library, which is fundamental for greater control over aircraft and would make it possible to monitor the continuing airworthiness status of aircraft registered in Togo. 3.2 Primary aviation legislation and civil aviation regulations in Togo 3.2.1 Abstract of findings 3.2.1.1 Civil Aviation Code Order No. 15 of 14 March 1975 referred to as the Code in this report is the primary legislation containing the laws relating to civil aviation. The Code contains the main provisions governing the different civil aviation-related fields and activities and refers to implementation texts, decrees and edicts to be developed subsequently. The Code has not been amended since it was promulgated but a draft Code in the adoption phase was presented to the audit team.

-3-3.2.1.2 The provisions of the Code are supplemented by other implementation texts, decrees, edicts or decisions of the Director of Civil Aviation relating to air navigation, air transport, aviation personnel, operation and airworthiness of aircraft. The regulatory package developed by Togo is incomplete, however, since several implementation texts stipulated by the Code have not been issued and the majority of the amendments to the Annexes to the Chicago Convention have not been systematically implemented. The DCA has not systematically notified ICAO of differences between Togo s regulations and the Standards and Recommended Practices and chiefly the non-implementation of certain Standards. Moreover, some provisions of the Annexes to the Convention have been put into effect solely by a decision by the Director of Civil Aviation and need to be raised to the level of edicts or decrees. 3.2.1.3 Togo has ratified Article 83 bis of the Chicago Convention and Togo s regulations authorize the leasing of aircraft by Togo operators, with or without crews. The regulatory package developed by Togo, the Civil Aviation Code and the implementation texts have not been amended to permit transfers of responsibility between Togo and other States in the different instances where aircraft are leased. This is necessary since the bulk of the aircraft used by Togo operators come from leases with crews and even with mixed crews. 3.2.1.4 The Civil Aviation Code contains provisions permitting the DCA to apply sanctions to violators of the civil aviation regulations. It indicates the persons responsible for recording violations of the regulatory provisions in the field of civil aviation. However, these provisions have not been supplemented by procedures and memoranda of understanding among the different bodies coming under the State ministries and agencies in order to permit their implementation and make it possible to question potential offenders. 3.2.1.5 In the field of the operation of aircraft, regulations have been developed and issued through texts of various levels. These texts do not cover all the provisions of the three parts of Annex 6 to the Chicago Convention governing international commercial air transport aeroplanes, general aviation and helicopter operations respectively. The current texts do not cover the Annex 6 Standards and Recommended Practices addressed to operators, particularly in the field of flight preparation, training and currency of flight and cabin crews and the regulations relating to flight and cabin crew flight time limits. Furthermore, the provisions governing the transport of dangerous goods by air have not been published in a regulatory text capable of ensuring the adequate application of the Annex 6 and 18 Standards and covering the different fields related to that specific activity. 3.2.1.6 The action plan submitted by Togo, addressing all the recommendations contained in the audit interim report and related to the primary aviation legislation and civil aviation regulations, is summarized in paragraph 3.2.2. 3.2.2 Corrective action plan proposed/implemented by Togo 3.2.2.1 In its action plan, Togo indicated that the harmonization of the current regulatory package with the Annexes would be done every six months by an internal DCA structure. 3.2.2.2 With regard to the requirements relating to aircraft leasing, Togo indicated that an edict concerning the conditions governing the use of aircraft in commercial air transport, signed on 28 March 2000, took account of the provisions concerned. In addition, the provisions of Article 83 bis would be implemented vis-à-vis authorized operators by 31 March 2001.

-4-3.2.2.3 As to the need for the DCA to coordinate with other government bodies memoranda and procedures enabling them to apply or enforce the sanctions provided for in the Civil Aviation Code, the DCA indicated that it intended to put in place a coordination structure and procedures for implementing the provisions in the Civil Aviation Code. 3.2.2.4 In respect of dangerous goods, the DCA indicated that an edict would be issued no later than 31 March 2001 to implement the Annex 18 provisions and the Technical Instructions. In addition, the DCA would undertake to provide a person with adequate training to enable him to define and coordinate procedures for putting those new regulations in place and monitoring and supervising air operators. 3.2.2.5 With regard to the requirements relating to the operation of aircraft, Togo indicated that an edict concerning the conditions governing the operation of aircraft in commercial air transport covered the aspects referred to. 3.3 Organization of civil aviation in Togo 3.3.1 Abstract of findings 3.3.1.1 The DCA was established by Decree No. 73/12 of 17 January 1973 of the Ministry of Public Works, Mines, Transport, Postal Services and Telecommunications. It was subsequently incorporated into the Ministry of Commerce and Transport from 1975 to 1996. Since the new Government was formed on 27 August 1996, the DCA has been incorporated into the Ministry of Mines, Equipment, Transport and Postal Services and Telecommunications. The DCA is now part of the Ministry of Transport and Water Power Resources. 3.3.1.2 The Technical Monitoring Division normally has three officers. However, owing to a vacancy in the post of an airworthiness officer, the DCA has instructed the Chief of the Air Navigation Division to carry out the tasks related to the airworthiness of aircraft under the responsibility of the Chief of the Technical Monitoring Division. 3.3.1.3 The DCA s technical personnel assigned to tasks related to the audit fields is not sufficient. Only one person carries out tasks related to airworthiness and air navigation. In addition, no one is in charge of managing the central library. DCA staff have no flying experience. Consequently, it is almost impossible to monitor aviation activities. Some of the problems encountered in all safety oversight-related fields (operations, personnel licensing and airworthiness) clearly show the seriousness of the difficulties caused by that lack of experience. 3.3.1.4 More generally, DCA s senior staff do not enjoy working and remuneration conditions corresponding to their experience and responsibility or comparable to those of the staff of the operators they inspect and whose activities they monitor, and they are therefore inclined to apply for relatively well-paid responsible posts in the industry. 3.3.1.5 The DCA does not have adequate personnel for the current level of aviation activity in Togo. The DCA s technical level should be strengthened and training is required for its technical personnel to enable them to assist the industry in its development and play its role in ensuring air safety. In addition, the DCA should establish an initial and periodic training policy for its technical personnel. It should also develop a procedures manual to guide its technical personnel and ensure that routine actions are carried out in compliance with DCA s terms of.

-5-3.3.1.6 The action plan submitted by Togo, addressing all the recommendations contained in the audit interim report and related to the civil aviation organization, is summarized in paragraph 3.3.2. 3.3.2 Corrective action plan proposed/implemented by Togo 3.3.2.1 As to the recruitment policy applying to civil aviation technical personnel and the need for the Minister responsible for civil aviation to strengthen the technical staff of the offices dealing with air safety, Togo indicated that efforts were currently being made to train at least one candidate a year in technical schools. Arrangements relating to that recommendation were also being studied. 3.3.2.2 In its action plan, Togo indicated that a regulatory text would be issued to specify the delegations of authority to DCA personnel by 2001. Togo also indicated that an edict would be issued concerning the organization of the DCA to provide an official description of each division s duties by 31 March 2001. 3.3.2.3 As to the central library, the DCA indicated that the Minister responsible for civil aviation had arranged for a library specialist to be assigned to the DCA. 3.3.2.4 With regard to the description of the work processes, the DCA indicated that descriptions of the work processes were being developed. 3.3.2.5 In relation to the need for the DCA to develop an initial and ongoing training programme, the DCA indicated that the training programme would be developed by the end of December 2000 and that the training files would be updated. 3.4 Personnel licensing and training in Togo 3.4.1 Abstract of findings 3.4.1.1 Title II of Book IV of Civil Aviation Code Order No. 15 of 14 March 1975 contains the primary legal provisions relating to aviation personnel licence and rating certificates. Article 167 stipulates that no one may function as an aircraft flight crew member, air traffic controller, aircraft maintenance engineer, aeronautical station radio engineer, flight operations officer/flight dispatcher, aeronautical station radio operator or aircraft radio engineer unless he holds the corresponding active licence. Furthermore, Article 168 establishes that licences and ratings are issued, renewed and validated by the Ministry responsible for civil aviation under the conditions set by regulatory texts. Validation and issuance of national licences on the basis of foreign licences are permitted under Article 173. 3.4.1.2 As to the standards governing medical assessment, Interministerial Edict No. 11/MTC/MSP/DAC of 18 February 1991 provides that candidates for the issuance or renewal of flight personnel licences and ratings for which medical fitness requirements must be met have to undergo medical examinations by specially accredited doctors to determine such fitness. This edict requires that doctors be designated to perform the medical examinations. Article 2 and 4 of this edict indicate that designated doctors must undergo specialized training in the field of aviation medicine. However, despite the provisions of this edict, no doctors have been designated. 3.4.1.3 The provisions relating to private pilot and commercial flight personnel licences and ratings are contained in the Director of Civil Aviation s Decisions Nos. 174/DAC/DCT of 25 March 1987 and 404/DAC of 3 August 1987 respectively. This level of implementation does not give these texts an adequate

-6- implementation level and these provisions should be established by a text at the level of an edict as prescribed in Article 171 of the Civil Aviation Code. Furthermore, the contents of the decisions referred to above indicate that these provisions seem to refer to previous editions of Annex 1 and still mention the senior commercial pilot licence as a licence issued by Togo. 3.4.1.4 The personnel licensing provisions in Annex 1 to the Convention on International Civil Aviation have not been systematically incorporated into Togo s regulations and, in certain cases, the regulatory level used is low and does not permit adequate implementation of the Annex 1 Standards. A draft edict was presented to the audit team and was about to be signed by the Minister. 3.4.1.5 Owing to the low level of aviation activity at present (sixty-two pilots with active licences, eighteen foreign licences validated and a single flying school offering only private aeroplane pilot courses), the current staff are adequately preforming their tasks. However, as the level of aviation activity increases, the human and material resources will certainly need to be strengthened and improved. 3.4.1.6 The DCA has not established a training programme (initial and refresher training) for the licensing staff. In practice, however, there have been training courses, but not on a systematic basis. This training has been interrupted for lack of financial resources. 3.4.1.7 For the moment, the DCA does not directly issue national licences apart from private pilot licences aeroplane and (sporadically) commercial pilot licences aeroplane. All others are issued on the basis of licences issued by other States. The audit team was informed that for the issuance of such licences candidates first undergo a flight check by an approved examiner. However, there are no regulations or formal procedures confirming that applicants for Togo licences by equivalence must be subjected to such supplementary tests. As to private pilot licences aeroplane, candidates undergo theoretical and practical training at the local flying club and the DCA first issues a student pilot card. Candidates undergo French theoretical examinations at the French Embassy and the practical examinations are administered by a DCA-approved check pilot. Commercial pilot licences are sometimes issued using a similar examination system. However, the personnel file of one pilot holding an airline transport pilot licence with an FK28 type rating contained no document justifying the issuance of that rating. 3.4.1.8 Togo has not adopted a written policy for the conversion of military licences and ratings into civil licences and ratings for licences other than the private pilot licence aeroplane and the private pilot licence helicopter (Decision No. 174/DAC/DCT). 3.4.1.9 The only aviation training courses in Togo are the private pilot aeroplane training courses given by the Gulf Flying Club. Although it is provided for in Article 173 of the Civil Aviation Code, an aviation training centre certification and inspection system, including the Gulf Flying Club, has not been established. Procedures for approving and overseeing the courses provided by the flying club have not been implemented even though the flying club has carried out flight checks on behalf of the DCA. Togo has not established a system to be sure of the qualifications and proficiency of the instructors, other than the criteria and principles established by Decisions Nos. 174/DAC/DCT and 404/DAC, which do not include particular conditions to ensure that the instructors have the necessary level of proficiency as trainers. 3.4.1.10 There is no system for the DCA to make sure of the proficiency of instructors after they are designated under Decisions Nos. 174/DAC/DCT and 404/DAC concerning the conditions for issuing and renewing flight instructor ratings. Flight examiners have been designated in accordance with Decision No. 002/DAC of 11 February 1999 but Togo does not have regulations setting the conditions for such designation. Furthermore, the State has not put in place a system to oversee and monitor the flight checks and practical tests. A flight report is sent to the DCA by the designated examiner on the occasion of each flight check so that the examinations can be monitored. This practice has not been established in writing, however.

-7-3.4.1.11 The action plan submitted by Togo, addressing all the recommendations contained in the audit interim report and related to personnel licensing and training, is summarized in paragraph 3.4.2. 3.4.2 Corrective action plan proposed/implemented by Togo 3.4.2.1 Togo indicated that, on 28 March 2000, edicts covering Annexes 1, 6 and 8 had been signed. Furthermore, any differences from Annexes 1, 6 and 8 would be notified to ICAO no later than 31 December 2000 and published in the AIP. 3.4.2.2 With regard to the privileges of personnel licences and the requirements for issuing them, the DCA indicated that an edict on personnel licences had been signed on 28 March 2000. 3.4.2.3 As to the technical competence of candidates for commercial licences (CPL, ATPL, etc.) based on foreign licences and the validation of such licences, the DCA indicated that an edict on personnel licences had been signed on 28 March 2000 and covered the aspects mentioned. In addition, procedures relating to the issuance of licences based on foreign licences would be adopted and published no later than 31 December 2000. 3.4.2.4 In respect of the conversion of pilot licences based on military training into civil licences and the associated ratings, the DCA indicated that an edict on personnel licences had been signed on 28 March 2000 and covered the aspects mentioned. 3.4.2.5 In its action plan, the DCA indicated that a regulatory text setting the conditions for designating examiners as well as the procedures relating to oversight and monitoring would be issued before 30 March 2001. 3.4.2.6 With regard to the treatment of the medical assessment, the DCA indicated that an edict on personnel licences signed on 28 March 2000 would be amended to take account of the provisions referred to, no later than 31 March 2001. 3.4.2.7 As to the need for the DCA to put in place written procedures setting the criteria for closing and archiving personnel records and files, the DCA indicated that a decision by the Director of Civil Aviation establishing the procedures would be taken before 31 December 2000. 3.4.2.8 With regard to the need for the DCA to implement regulatory texts for the certification and inspection of aviation training centres and the approval and monitoring of training courses, the DCA indicated that an edict relating to the certification and approval of training centres and procedures for monitoring those centres would be published before 31 March 2001. 3.5 Certification and supervision of air operations in Togo 3.5.1 Abstract of findings 3.5.1.1 The provisions governing operator certification and supervision in Togo are contained in Title II of Book III of Civil Aviation Code Order No. 15. Article 127 of the Code requires that an authorization issued by the Minister responsible for civil aviation be held in order to engage in air transport activity commercially and for remuneration. However, Togo s technical regulations do not contain provisions requiring operators to hold an air operator certificate of a level equivalent to the Annex 6 requirements. 3.5.1.2 The DCA has not developed specific regulations governing the operation of aircraft and

-8- making it possible to implement the provisions of Annex 6, Parts I, II and III. Since the Standards of Chapters 4, 5, 6 and 7 of Annex 6, Part I have not been implemented, Togo s regulations do not meet the Annex 6 requirements, particularly in the fields of flight preparation and operations, aeroplane performance limits, airborne equipment and instruments, and aeroplane communication and navigation equipment. For example, there is no requirement concerning the quantity of fuel to be carried on board, provisions requiring the carriage of flight recorders or obligation for operators and crews to ensure that an aeroplane s performance makes it possible to carry out a flight safely. 3.5.1.3 There are no explicit provisions indicating the responsibilities of operators and pilots-in-command under Annex 6, Parts I, II and III. In addition, the visit to the operators showed the industry s low level of awareness with regard to these responsibilities. The flight planning process does not seem to have been mastered by the majority of operators and the establishment of an operational flight plan is not required by the regulations and is not systematically done by the operators. Likewise, the duties and performance of flight operations officers/flight dispatchers are not regulated in Togo. The shortcomings in flight planning and preparation noted during the visit to the operators are mainly due to this regulatory gap. 3.5.1.4 With regard to operator manuals, Togo s regulations do not require operators to prepare an operations manual or minimum equipment list (MEL) or mail tolerance. Likewise, operators are not required to prepare directives for their crews such as operational procedures for aircraft inspections before take-off in icing conditions. 3.5.1.5 As to flight crew qualifications and proficiency, the relevant provisions of Annex 6, Part I, Chapter 9 have not been implemented in Togo s regulations. Similarly, the different Annex 6 provisions relating to human factors, particularly with regard to the design of manuals and checklists and flight personnel training, have not been incorporated into Togo s regulations. Furthermore, there are no regulations specifying crew member flight time and duty limits although Article 177 of the Civil Aviation Code indicates that an edict specifying the duration of commercial flight personnel flight duty has been prepared by the Minister responsible for civil aviation. 3.5.1.6 With regard to the performance of cabin crew duties, the provisions of Annex 6, Part I, Chapter 12 concerning the performance of cabin crew duties are not being implemented although operators use cabin crews for commercial flights. No training is required or approved and the visit to the operators did not show that training in accordance with the provisions of Chapter 12 would be provided. In addition, Togo has not yet adopted regulations specifying the limitations applicable to cabin crew flight time and duty periods. 3.5.1.7 Given the current level of air transport activity and the sector s rapid growth with the establishment of new airlines and the growth in operations in various locations, the Technical Monitoring Division does not have resources which permit it to satisfactorily carry out tasks related to operator certification. In view of the tasks to be performed by an entity responsible for aircraft operations and the level of proficiency required to inspect and supervise certificated operators, the DCA s technical level should be improved to enable it to carry out its certification-related tasks, and it should be given at least one experienced pilot who is a competent aircraft operations inspector. 3.5.1.8 The action plan submitted by Togo, addressing all the recommendations contained in the audit interim report and related to aircraft operations certification and supervision, is summarized in paragraph 3.5.2.

-9-3.5.2 Corrective action plan proposed/implemented by Togo 3.5.2.1 In its action plan, Togo indicated that the harmonization of the current regulatory package with the Annex 6 SARPs would be done progressively and any differences from the SARPs would be notified to ICAO and published in the AIP no later than 31 December 2000. 3.5.2.2 Togo also indicated in its action plan that an edict on aircraft operations in commercial air transport signed on 28 March 2000 covered the human factors-related requirements. 3.5.2.3 With regard to the operator certification and supervision system, Togo indicated that edicts on operator certification and supervision had been signed on 28 March 2000. In addition, a procedures manual would be developed and implemented no later than 31 March 2001. The manual would cover the frequency of inspections. Furthermore, the DCA personnel would be trained in that area so as to be capable of performing technical assessments of operators with a view to the issuance of operating certificates. 3.5.2.4 As to flight operations officers/flight dispatchers and the need to define their initial and ongoing training requirements, the DCA indicated that an edict on personnel licensing provided for a flight operations officer/flight dispatcher licence. Clarification with the operators would also begin no later than 31 December 2000. 3.5.2.5 With regard to the need to develop regulations governing cabin crew duties, regulations requiring operators to prepare a minimum equipment list and regulations requiring operators to develop operational procedures for aircraft inspections prior to take-off in icing conditions, the DCA indicated that an edict signed on 28 Mach 2000 concerning usage conditions for aeroplanes operated in commercial air transport governed cabin crew duties and training, In addition, an edict on flight time limits would be issued no later than 31 March 2001. 3.5.2.6 As to the need to develop regulations and procedures concerning extended range operations by twin-engined aeroplanes (ETOPS) and the limits applicable to the flight time and flight duty periods of such flight crew, as well as the required rest periods which resulted from them, the DCA indicated that an edict containing such provisions would be developed before 2001. 3.6 Airworthiness of aircraft in Togo 3.6.1 Abstract of findings 3.6.1.1 Except for the Code and decrees covering certain airworthiness-related aspects, Togo has not implemented the minimum regulations and procedures required to establish the essential duties of an airworthiness inspection body. In addition, the DCA has not developed regulations dealing with air operator certification and approval (airworthiness aspects), the approval/certification and regular inspection of aircraft maintenance organizations or regulations concerning the requirements for the issuance or validation of aircraft maintenance technician/engineer/mechanic licences. 3.6.1.2 The Technical Monitoring Division has access to equipment such as a fax machine, photocopier and computer. The facilities, furniture and general office equipment are not adequate for the current conditions and needs. Nevertheless, a technical library, which is fundamental to better monitor operators and approved maintenance workshops, did not exist within the DCA. That would have made it possible to monitor the continuing airworthiness status of aircraft, particularly if it contained a set of airworthiness directives and manufacturers documentation for the aeroplane models registered in Togo. In addition, for the current level of aviation activity in Togo, the DCA does not have adequate staff in the field of airworthiness.

-10-3.6.1.3 The DCA does not have an initial or ongoing training programme for the staff of the Technical Monitoring Division. Furthermore, no technical personnel have been given the necessary training with regard to accident investigation. 3.6.1.4 Although the DCA has established a division responsible for airworthiness monitoring and inspection activities, the Technical Monitoring Division has not put in place a system of ongoing monitoring and inspections for all operators and approved maintenance organizations. Consequently, the visit to the industry by the audit team showed that a very low number of operators in Togo are aware of their responsibilities with regard to maintenance. During the visit to one operator, the team noted that an aeroplane was being operated with an expired certificate of airworthiness and that airworthiness directives and periodic inspections were not yet being implemented. 3.6.1.5 In addition, the DCA has authorized Bureau VERITAS to carry out the above-mentioned duties using its own procedures. However, the work procedures and methods used by Bureau VERITAS have not been adopted, assessed or approved by the DCA to ensure that they meet the requirements of Annexes 6 and 8. Furthermore, the Technical Monitoring Division has not established a monitoring system to oversee the tasks which have been delegated to Bureau VERITAS. Consequently, a large number of aeroplane files do not contain the results of the inspections done by Bureau VERITAS in keeping with the frequency stipulated in the specifications approved by the DCA. 3.6.1.6 The action plan submitted by Togo, addressing all the recommendations contained in the audit interim report and related to airworthiness of aircraft, is summarized in paragraph 3.6.2. 3.6.2 Corrective action plan proposed/implemented by Togo 3.6.2.1 With regard to the lack of regulations and procedures concerning a mandatory reporting system under which information on faults, defects and malfunctions is transmitted to the DCA, operators and owners of aircraft requiring a weight sheet, airworthiness approvals for export, ferry flights and modification and repair approvals, Togo indicated that since 28 March 2000 it had regulations covering the abovementioned points. Procedures for implementing those regulatory provisions would also be put in place no later than 31 December 2000. 3.6.2.2 As to detailed regulations and procedures for the approval/certification and regular inspection of aircraft maintenance organizations, the DCA indicated that an edict concerning the certification of aircraft maintenance workshops had been signed on 28 March 2000. 3.6.2.3 In respect of detailed regulations and procedures for the approval/certification and regular inspection of its operators, the DCA indicated that an edict concerning the certification of aircraft maintenance workshops had been signed on 28 March 2000. 3.6.2.4 With regard to detailed regulations and procedures for the issuance and validation of aircraft maintenance engineer/technician/mechanic licences, the DCA indicated that an edict containing technical procedures and conditions for the issuance and renewal of certificates of airworthiness had been in place since 28 March 2000. In addition, implementation procedures were being developed. 3.6.2.5 As to the establishment of regulations on all aspects of registration, particularly the distinction between civil, military and State aircraft, Togo indicated that an edict relating to the registration of Togolese aircraft had been put in place on 28 March 2000. Instructions for the maintenance of the register were also being developed.

-11-3.6.2.6 With regard to the need to assess, adopt or approve the working methods and procedures used by Bureau VERITAS, the DCA indicated that an edict approving the specifications applicable to the monitoring of the airworthiness of civil aircraft performed by Bureau VERITAS had already been amended and signed on 28 March 2000. 3.6.2.7 In respect of the need for the DCA to have equipment and resources which enabled it to have access to technical documents, the DCA would adopt a plan to acquire equipment and resources no later than 31 December 2002. 3.6.2.8 With regard to the need for the Technical Monitoring Division to plan and carry out the necessary checks and inspections to supervise all certificated operators and maintenance organizations as part of its responsibilities, the DCA indicated that the planning and execution of checks and inspections would be implemented no later than 31 March 2001. 3.6.2.9 As to temporary certificates of airworthiness, the DCA indicated that since 31 January 2000 it had no longer been issuing provisional certificates of airworthiness. Furthermore, an edict meeting the requirements of Annex 8, Part II had been put in place on 28 March 2000. 3.6.2.10 With regard to the need for the DCA to establish accident investigation procedures, the DCA indicated that an edict implementing Article 67 of the Civil Aviation Code would be developed no later than 31 December 2000. In addition, investigators would be trained no later than 31 December 2002. 4. COMMENTS Togo is encouraged to implement all the provisions of the Annexes and thus eliminate the differences which might have existed at the time of the audit. In addition, Togo is invited to review its legislation and regulations and identify differences which might exist between the provisions of the ICAO Annexes and inform ICAO of the results. 5. STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO SARPs The differences identified during the audit are indicated in Appendix A to this report and the differences with regard to the SARPs will be included in the appropriate Supplements to the Annexes in accordance with Article 17 of the MOU signed by Togo and ICAO.

APPENDIX A STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO STANDARDS (ANNEX 1 PERSONNEL LICENSING) ICAO Standard State s regulations Differences between the national regulations of Togo and ICAO Standards The DCA had yet to establish the correlation between its regulations and the Standards and Recommended Practices contained in Annex 6. Consequently, the audit team did not draw up a list of differences but requested the DCA to continue to examine its regulations in order to identify significant differences between the provisions of its national regulations and the Standards and Recommended Practices contained in Annex 1.

A-2 STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO STANDARDS (ANNEX 6 OPERATION OF AIRCRAFT) (PART I International Commercial Air Transport Aeroplanes) ICAO Standard State s regulations Differences between the national regulations of Togo and ICAO Standards The DCA had yet to establish the correlation between its regulations and the Standards and Recommended Practices contained in Annex 6. Consequently, the audit team did not draw up a list of differences but requested the DCA to continue to examine its regulations in order to identify significant differences between the provisions of its national regulations and the Standards and Recommended Practices contained in Annex 6.

A-3 STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO STANDARDS (ANNEX 6 OPERATION OF AIRCRAFT) (PART 2 International General Aviation Aeroplanes) ICAO Standard State s regulations Differences between the national regulations of Togo and ICAO Standards The State has not established regulations for international general aviation.

A-4 STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO STANDARDS (ANNEX 6 OPERATION OF AIRCRAFT) (PART 3 International Operations Helicopters) ICAO Standard State s regulations Differences between the national regulations of Togo and ICAO Standards The State has not established regulations for international operations helicopters.

A-5 STATUS OF IMPLEMENTATION AND LIST OF DIFFERENCES FROM THE ICAO STANDARDS (ANNEX 8 AIRWORTHINESS OF AIRCRAFT) ICAO Standard State s regulations Differences between the national regulations of Togo and ICAO Standards The DCA had yet to establish the correlation between its regulations and the Standards and Recommended Practices contained in Annex 8. Consequently, the audit team did not draw up a list of differences but requested the DCA to continue to examine its regulations in order to identify significant differences between the provisions of its national regulations and the Standards and Recommended Practices contained in Annex 8. Annex 8, Parts III and IV, does not apply to Togo since it does not have an aviation industry on the one hand and does not yet have any civil helicopter operations on the other hand. END