PROCLAMATION NO. 117/1998
A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF ANIMAL, ANIMAL PRODUCTS AND BY-PRODUCTS MARKETING DEVELOPMENT AUTHORITY
WHEREAS, Animal, animal products and by-products are Agricultural resources having an important role in the economy of the country;
WHEREAS, it has become necessary to regulate, control and coordinate the supply and marketing of this resource in appropriate way in order to maximize the benefit that the country can obtain;
WHEREAS, it has become essential to give information and assistance to those individual persons and organizations engaged in animal, animal products and by-products trade activities, as well as to facilitate the marketing condition thereof;
WHEREAS. it is believed that the sector of the export of animals, animal products and by products, which so far without a specific responsible body, needs to be carried out in an efficient and centralized manner, except such specialized activities that require handling by a different body;
WHEREAS, to implement the foregoing it is found necessary to establish an autonomous and responsible public authority with appropriate powers and duties;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows.
1. Short Title
This Proclamation may be cited as the “Animal and Animal Products and By-Products Marketing Development Authority Establishment Proclamation No. 117/1998″
Unless the context otherwise requires in this proclamation:
1. “Animal” Means cattle, sheep, goat, camel, poultry, pig, bee and includes other animals which the authority for the purpose of this proclamation designates as animals;
2. “Animal Product” means meat, milk, butter, cheese, egg, honey wax, sheep hair, as well as wool and includes other products which the authority designates as animal products;
3. “Animal by-product” means everything of value produced from the slaughter of animal such as hide, skin, horn, hoof , blood, bone and meat meal and includes other by-products which the authority in the future designates as animal by products;
4. “Quarantine” means a mode of prevention and control of the spread of various contagious and infectious animal disease with in the country, from the country or to the country;
5. “Quarantine station” means a specified and demarcated area where animals, animal products and by-products are kept under strict follow up and control;
6. “Staging point” means a demarcated area established within a limited interval along the routes of trade of animals to provide feed, water, veterinary and resting services for trade stock.
- “Service charge” means an amount of money payable, for any service rendered by the authority, in pursuant to regulations to be issued ;
8. “Region” means any of those Regions specified under Article 47(1) of the constitution of the Federal Democratic Republic of Ethiopia and, for the purpose of this proclamation, includes the Addis Ababa and Dire Dawa Administrations.
- The Animal and Animal Products and By-products Authority (hereinafter referred to as “the Authority”) is hereby established as an autonomous Federal Government body having juridical personality .
2. The Authority shall be accountable to the prime minister.
4. Head Office
The Authority shall have its head office in Addis Ababa and may have branch offices in regions as may be necessary.
The Authority shall have the objective of promoting the domestic and export marketing of animal, animal products and by-products through increasing their supply and improved quality.
6. Powers and Duties of the Authority
The Authority shall have the following powers and duties:
1. initiate policies, laws and regulations that can promote the country’s animal, animal products and by-products marketing and, upon approval, devise means for, follow-up and supervise, their implementation;
2. in collaboration with the concerned bodies, issue quality control directives on exportable and importable animal, animal products and by products and follow up their trading activities.
3. establish and encourage the establishment of staging points for domestic and export trade stock with the necessary facilities and in collaboration with appropriate government bodies and institutions follow up the facilitation of the means of transport for trade stock;
4. establish Quarantine stations for use in the export and import of Animal, Animal products and by products provide quarantine services in cooperation with the Minister of Agriculture;
5. in co-operation with the concerned bodies, promote the organization of livestock markets, abattoirs, hides and skins sheds and expansion of their services;
6. in co-operation with the concerned bodies, supervise the construction of export animal, animal products and by-products processing plants in accordance with international requirements and constructional standards and issue certificate of competence;
7. issue criteria that ought to be fulfilled by domestic, import and export traders engaged in Animal, Animal products and by-products trading activities and provide information to the concerned bodies;
8. seek ways and means of promoting and expanding animal, animal products and by-products markets in foreign countries by establishing commercial relationship with different countries;
9. in cooperation with the appropriate bodies and Institutions,designate directions for trade stock movement, issue stock movement directives and follow up the implementation;
- collect, analyze and disseminate information on the current demands and international animal, animal products and by-products market situation to producers, domestic and foreign consumers and traders;
11. encourage the condition of research and study on animal, animal, products and by-products marketing disseminate research results to beneficiaries and when necessary conduct studies with a view to enhancing the marketing of animal, animal products and by-products;
12. prepare directives enabling it to collect fee for the service it renders and upon approval, implement same;
- in co-operation with the concerned bodies, encourage and provide support to promote the development of animal, animal products and by-products;
14. follow up the preservation of hide and skin quality from slaughtering to markeeting.
15. give technical support and advice to the regions by creating relationship with them;
- In order to fulfill its objective, own of movable and immovable property, enter into contracts, sue and be sued in its won name.
7. Organization of the Authority
The Authority shall have:
1. a Management Board (hereinafter called the “Board”);
2. a Manager to be appointed by the Government upon the recommendation of the Board; and
3. other necessary staff.
8. Members of the Board
The Board shall have seven members to be appointed by the Government.
9. Meetings of the Board
1. The Board shall hold a regular meeting once every three months; however, it may at any time hold an extraordinary meeting, whenever found necessary.
2. There shall be a quorum where more than half of the members of the board are present at its meetings.
3. Decisions of the Board shall be passed by a majority vote, in case of a tie, however, the chairman shall have a casting vote.
4. Without prejudice to the provisions of this Article, the Board may draw up its own rules of procedure.
10. Powers and Duties of the Board
The Board shall have the following powers and duties:
1. to ensure that the authority carries out its powers and duties in accordance with its objective, direct, and supervise its activities submit the short and long term plans and annual work programme and budget of the Authority to the Government for approval;
2. to deliberate and decide on other policy issues proposed by the Manager of the Authority;
3. to give general directives to the Manager of the Authority;
4. to examine the work programme and budget of the Authority submitted to it by the manager and, up on approval, supervise the implementation of same.
11. Powers and Duties of the Manager
1. The Manager, accountable to the Board, shall be the chief executive officer of the Authority and shall direct its activities.
2. Without limiting the generality stated in sub-Article (1) of this Article, the Manager shall:
a) exercise the powers and duties of the Authority specified in Article 6 of this Proclamation;
b) employ and administer employees of the authority in accordance with the federal civil service laws;
c) prepare the work programme and budget of the Authority and implement same upon approval;
d) effect expenditure in accordance with the approved budget and work programme of the Authority;
e) represent the authority in all its dealings with third parties;
f) submit reports on the activities and accounts of the authority.
3. The Manager may delegate part of his powers and duties to the other officials of the Authority to the extent necessary for the efficiency of the authority.
The Authority shall be administered by fees collected froms services it renders, any other source of income it obtains and budget allocated by the Government.
13. Books of Accounts
1. The Authority shall keep complete and accurate books of accounts.
2. The books of accounts and financial documents of the Authority shall be audited annually by the auditor General or by auditors designated by him.
14. Power to Issue Regulations
The Council of Ministers may issue regulations for the implementation of this proclamation.
15. Repealed an Inapplicable Laws
1. The following are hereby repealed:
a) Livestock and Meat Board Proclamation No. 212/1964
b) Livestock and Meat Board Order No. 34/1964.
2. No other law or customary practice inconsistent with this Proclamation or Regulations issued hereunder shall have effect with respect to matters governed by this Proclamation.
16. Effective Date
This Proclamation shall come into force as of the 16rd day of June, 1998.
Done at Addis Ababa, this 16rd day of June, 1998.
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA