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December 17, 2012

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

2

Nov. 14 - Decree n ° 2012-279 / PR appointing a secretary

Ministry of Health

general

65
Nov.

20 - Decree n ° 0230 / MS / CAB / DGS / DES granting authorization
installation and operation of a medical center

Nov. 14 - Decree n ° 2012-280 / PR appointing a director ... 65

social................................................. .............................. 91
Nov. 14 - Decree n ° 2012-281 / PR establishing, attributions,
Nov. 20 - Order n ° 0231/2012 / MS / CAB / DGS / DES granting

organization and functioning of TOGO INVEST
CORPORATION

authorization to transfer and transform

66

medical cabinet en c1inque medicale .........................

ORDERS

92

Ministry of Economy and Finance

Ministry of Trade and Promotion
Nov. 19 - Decree n ° 271 / MEF / SG / DA granting an approval
insurance brokerage firm ...................................

of the Private Sector

to a

93

i211
Dec. 27 - Inter-ministerial decree n ° 044 / MCPSP / MEF / MME on
exceptional authorization to supply

OFFICIAL PART

CEET petroleum products from the CSFPPP ............... 69

GOVERNMENT ACTS
OF THE TOGOLESE REPUBLIC

Ministry of Territorial Administration,
Decentralization and Local Authorities

LAWS, ORDINANCES, DECREES,
ORDERS AND DECISIONS

04 May • ORDER N ° 0011 / MATDCL-SC-DLPAP-DOCA on
authorization to install on Togolese territory
The foreign organization called " MOVIMENTO LOTTA
FAME MONDO ”(MLFM) ........................................... 69

LAW N ° 2012-018 OF 12-17-2012
ON ELECTRONIC COMMUNICATIONS

May 09 - Order n ° 0012 / MATDCL-SG-DLPAP-DOCA on
authorization to install on Togolese territory

The National Assembly has deliberated and adopted;
The President of the Republic promulgates the law of which
the content follows:

The foreign organization referred to: Organization
African for the Development of Centers for
People with Disabilities (0. ADCPH) ..................... 70
Nov. 21 - Order n ° 0172 / MATDCL-SG-DLPAP-DOCA on

CHAPTER ONE - GENERAL PROVISIONS

authorization to install on Togolese territory
The foreign organization named: (MENTOR

Article 1: Scope

LEADERS, INC) .............................................. ................... 70

This law applies to the various activities of the sector
electronic communications on national territory,
including territorial waters and the continental shelf

Nov. 27 - Order n ° 0175 / MATDCL-SG-DLPAP-DOCA on
authorization to install on Togolese territory
The foreign organization referred to: Initiative Pour la
African Promotion (IPPA) ............................................ 71

contiguous.

Dec. 27 - Order n ° 0178 / MATDCL-SG-DLPAP-DOCA on

Art. 2: Purpose of the law

authorization to install on Togolese territory
The foreign organization referred to: UNIVERSE SANTE
AFRICA-ASIA (USAA)

71

The r eqlementation the communications sector
electronics aims to:

Ministry of Mines and Energy

a) achieve progressively a rnarche open and competitive
for communications networks and services
electronics in the interest of users, in particular
in:

06 Feb - Order n ° 003 / MME / CAB / SG / DGMG / 2012 relating to the attribution
a building material operating permit

has

has

(gneiss)
Company Adeoti Sari, store the Togo
Adidokpo-Kpessoukpe, Zio prefecture ........................... 72

- creating the conditions for effective, fair competition,
fair and sustainable on the national market of
electronic communications;

Ministry of Water, Sanitation
and village hydraulics

- promoting investment in the sector and
rational investments in infrastructure,

Dec. 26 - Order n ° 011/2012 / MEAHV / CAB on the organization of
Ministry of Water, Sanitation and Hydraulics
village woman ..

in particular, through optimization and

73

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December 17, 2012
pooling of infrastructures:

Art. 4 : Definitions
Under the terms of this law and its implementing texts
we hear by:

- promoting the development of the sub-regional market:
- ensuring respect for the principle of technological neutrality :
- ensuring respect for the confidentiality of communications:
- ensuring compliance with the rules regarding the protection of
Data

3

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

has character and personal privacy:

- promoting the development of technical expertise,
economic and legal allowing to answer as well as possible

to the evolution of the market:

Access: the service offered by a network operator

has

public electronic communications for
a
other public communications network operator

has

has

electronicues or
an enter service provider
its resources, in particular its physical infrastructure.

Affer.tation : the decision taken by the Regulatory Authority,

has

after examination of the application file, grant
a
authorize the right to use the designated resource in the
conditions of use specified below or recalled in
the assignment decision.

a

- ensuring efficient I'utilisation and without disruption
spectrum of radio frequencies, taking into account
also of the interests of broadcasting services.

Approval: the act taken by the Regulatory Authority after
technical examination of conformity of an equipernent for

b) promote access by as many people as possible to
electronic communications and bringing them
digital of the territory in:

certify that the equipment which is the subject of it respects the
essential requirements for connection to a network
open to the public.

- ensuring the universal service by providing a service

has price
to all:

Assignment (of a frequency or a channel
radloetectrtque): the authorization given by a

Ie minimum on all national territory
reasonable, affordable and accessible

- requiring transparency of prices and conditions
use of communications services
electronics:

administration for use by a radio station
of a frequency or a radioelectric channel determined according to
specified conditions.

- responding to the needs of the populations, in particular
people with the lowest incomes, the inhabitants of
rural and / or isolated areas and people living with
disabilities;

Allocation of a frequency band : registration in
The frequency band allocation table, with
frequency band determined for its use
by one or more terrestrial radiocommunication services
or space, or by the radio astronomy service, in

c) maintain the interests of public security;

to the

specified conditions. This term also applies
frequency band considered.
d) facilitate socio-economic development through
development of the communications sector
electronic and information technology and

Authorization : the administrative act (license, contract of
concession, or other authorizations) which confers
natural or legal person a set of rights and
specific obligations, under which this person

Communication.
e) to exercise in a proportionate, impartial and

on a

to

transparent the powers that the reqlernentation
force entrusts the minister responsible for the

is founded
establish, operate networks or provide
electronic communications services.

electronic communications and to the Regulatory Authority
with a view to achieving the above objectives.

Autorlte of regulation : I'organe charge requler Ie
rnarche of electronic communications.

Art. 3 : Exclusions
The following are excluded from the scope of this law:

Encryption or Encryption : process by which we
changes in the aid of a secret agreement called key,
from clear information to information unintelligible by
third parties who do not have knowledge of the key.

- regulations regarding services and content
audiovisual: this exception does not concern the use of
radio frequencies by audiovisual services:

Physical co-location: the service offered by a
public electronic communications network operator

- State facilities established for the needs of the
national defense and public security.

has other communications network operators

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December 17, 2012

JOL "R: \ AL OFFICIAL OF THE TOGOLESE REPUBLIC

c) respect for individual freedoms and privacy;

electrcniques or has service providers

has

Electronic communications and consisting of a setting
their provision of infrastructure, including premises, in order to
that they install their equipment there.

d) protection of networks and in particular of exchanges
ordering and management information therein
associated;

Virtual co-location or a distance: delivery
co-location offered in an adjacent or remote building

e) proper use of the radioelectric spectrum, the case
appropriate:

the landing station and arnenaqe

has this effect.

f) the interoperability of the services and that of the equipments
terminals and data protection, in justified cases;

Electronic communications : broadcasts,
transmissions or receptions of signs, signals, writings,
of images or sounds, electronically or optically.

g) environmental protection and the constraints
of town planning and arnenaqernent of the territory.

Interconnect switch: the first switch
of the public electronic communications network which receives
and routes electronic communications traffic to
interconnect potnt.

Alternative infrastructure operators: people

to

public law morals entitled contorrnernently
the
current legislation, legal persons governed by private law
utility licensees or any other person
of private law, having infrastructure or rights that can

Encryption : use of unusual codes or signals
allowing the conservation of information to
in signals incomprehensible by third parties.

to

support or contribute
supporting networks of
electronic communications without them being able to

be transmitted

carry out by themselves the activities operators exploiting
an electronic communications network open to the public
within the meaning of article 5 of this law.

to

Cryptology: science relating
protection and security
information in particular for confidentiality,

Service provider: any natural person or
corporation providing the public with a communications service
electronics.

Data authentication, integrity and non-repudiation
transmitted. It is made up of cryptography and
cryptanalysis.

Frequency spectrum management : all

Declaration : the act prior to the commencement of
activities, originating from an operator or supplier of
electronic communications services and which does not

administrative and technical actions aimed at ensuring
rational use of the frequency spectrum
radioelectric.

not to get an explicit decision before starting
its activities, to benefit from the rights and to be subject to
obligations arising from this act.

Information: signs, signals, writings, images, sounds or
any other form of message of any kind
or which constitute the content transmitted by

DegroiJpage of the local loop: the service which includes
eqalernent the associated services, in particular that of
co-location, offered by a public network operator of

communications, including communications
electronics.

has

electronic communications to allow
a
third-party public communications network operator

Alternative infrastructures: any facility or set

electronic access to all or part of the components of the
access network of the first operator to serve
its subscribers directly.

of facilities capable of ensuring or contributing
transmission and / or the routing of

to ensuring the

electronic communications.
Installations: fully equipped, device, cable, system
electric, electromechanical, radioelectric or optical,
any infrastructure element or technical device capable of
be used for electronic communications or any other

to

Terminal equipment ': all equipment intended
be
directly or indirectly connected to a point of
ternination of a network with a view to transmission,
reception, processing, or viewing of information.

operation directly related to it.
Essential requirements : the requirements necessary for
guarantee, in the general interest:

Interconnection; the physical or logical connection of networks
of electronic communications open to the public with a view to
to provide reciprocal services between two operators

a) the safety of users and personnel operating
electronic communications networks;

networks open to the public for a I'ensemble of
their users to communicate freely with each other, what

b) monitoring of possible criminal activities;

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JOl: OFFICIAL R "AL OF THE REPUBLIC: E TOGOLAISE

regardless of the network to which they are connected,

5

abroad, the connection points to this network are considered
like endpoints.

Interconnection is a special type of access provided
in operation between operators of networks open to the public.
Interoperablllte of water res and equlpernents
terminals : the ability of equipment to operate from a
on the one hand with the network and, on the other hand, with the other teams
terminals allowing to enter a rnerne service.

In the case of mobile radio communication networks,
are considered to be the endpoints
radio interfaces for mobile terminal equipments;
In the case of networks using switching and.
Routing, the termination point is identified by a
specific network address that can be attached to the nurnero

National finance : the service provided by an operator
from mobile network to another mobile network operator in
view to allow, on an area covered by the first
operator, the reception of the customers of the second.
Interconnection link: the transmission link
(wired, radioelectric or other) connecting the network of a
operator to that of another or to the interconnection point
an interconnection provider.

or on behalf of the subscriber;
Portabillte des numbers: the possibility for a user,
subscribes to a communications service provider
electronics, when changing supplier to keep
Ie rnerne nurnero qeoqraphique without changing layout
geographical and, to keep its non-geographical nurnero,.
fixed or mobile when changing supplier while remaining
in Togo.

License: the decision by which the institution is responsible for the sector
electronic communications granted to a person
Ie physical or moral right to exercise for a duration given,
the activities specified in the specifications which
is annex.
Message: any communication in the form of
sound, data, text, image or other, or a combination of these
shapes.
Minister: the minister responsible for the communications sector
electronics,

Radiocommunications: any emission, transmission or
reception of radio waves for specific purposes
electronic communications.
Network communications electronlques: any
installation or any set of installations ensuring either the
transmission, i.e. the transmission and routing of
electronic communications signals as well as
the exchange of ordering and management information which
y is associated between the endpoints of this network;
"

Electronic communications network open to
public: all electronic communications networks

Operator: any legal person operating a network of
electronic communications open to the public; or
providing electronic communications service to
public, in accordance with the regulations in force.

established or operated to provide services of
electronic communications to the public. These networks are soot
made accessible to the public at the points of
termination.

Operator powerful (operator possessing power
significant on a relevant market): an operator who,
individually or jointly with others, is found

Network lndependant: a network of communications
electronics reserved for private or shared use. A network

mdependent is:

in a position equivalent to a dominant position,
that is to say, he is able to behave in a
appreciable measure, independently of its
competitors, its customers and, ultimately,
consumers. Powerful operators and the markets
relevant are defined by the Regulatory Authority.

- for private use when it is reserved for personal use
physical or moral which establishes it;
- for shared use , when it is reserved for the use of: l or
several groups ferrnes of individuals
or legal entities with a view to exchanging communications
within the main group.

Endpoint : Ie physical connection point
Internal network : an independent network entirely established
on the same private property, without borrowing, nor the domain
public (including wireless) or a third-party private property.

meeting the technical specifications necessary for
have access to an electronic communications network
and communicate effectively through it. He does
inteqrante part of rE3SeaU and not-constitutes ~ i a
electronic communications network. When a network
of electronic communications is connected to a network

Network, installation and terminal equipment
radloelectrcs: one. r; 8seau, an installatidrr ~ a "1

'

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

equipernent terminal are qualified radioelectric when
use radio frequencies for the propagation of
waves in free space.

electronic communications referred to in point 1. a) of this
article;
c) the provision of services requiring conditions
particular with regard to measures concerning public order,
public health and safety.

Numbering resources : nurneros, blocks of
nurneros assigned to operators or suppliers of
electronic communications services.

Selection of the carrier : mechanism that allows Ie

was

These licenses may provide for the provision of services
mandatory as well as benefits under the
universe !.

has

a user to route his calls
through the operator
Of his choice. This choice can be appealed by appeal or
systematically for all calls.

2. The number of licenses may be limited by decree in
council of ministers on the report of the minister responsible for
electronic communications sector:

Value- added services: the services provided by Ie
via an electronic communications service in addition
electronic communications service using
necessary the capacities of the public
electronic communications.

a) when scarce resources such as frequencies

in

RADIO are needed
the etablissernent and
I'exploitation of networks or
the supply of services'
relevant electronic communications;

to

(b) to take account of the economic conditions of the market;
Telephone service to the public : operation
commercial direct transfer of voice in real time,
between fixed and / or mobile users.

c) for reasons of public policy which determine
that the service must be provided under conditions
specific measures (for example, in the case of
concerning public order, safety and public health).

Universal Service : a set of

The license holder is subject to the payment of a
financial counterpart, fees and contributions
various under conditions defined by decree.

minimal electronic communications, which,
regardless of their geographic location, is
available ~ the entire population,

has an affordable price.

to the

The individual license is subject
application of the rules
defined in specifications prepared by the Authority
of regulation. This specification is an integral part
of the license. It sets the conditions for establishing and
operation of the network and provision of
electronic communications as well as commitments
of the license holder.

Station radloelectrlque: a ernetteur, receiver, or
transmitter-receiver assembly, including devices
accessories, necessary to ensure a
radio communication in a given location.
User: any natural or legal person who uses
or request an electronic communications service.

Art. 6: Specifications
End user: a user who does not provide networks
electronic communications or
electronic communications accessible to the public.

1. The specifications specify the following elements:
at. the conditions of permanence, quality, availability
network and / or service;

CHAPTER II- LEGAL REGIME APPLICABLE TO
OPERATORS AND SERVICE PROVIDERS

b. the conditions of confidentiality and neutrality of
services with regard to the messages transmitted and

Section 1, e: Licensing regime

communications related information;
vs. the prescriptions required by national defense and
public security ;

Art. 5: Networks and services subject to license

1. The following are subject

to an individual license:

d. the requirements for the protection of
Environment and by the arenaqernent objectives of the
territory;

a) the establishment and operation of
electronic communications open to the public;

e. the licensee's obligations under the universal service and
mandatory services;

b) the provision of telephone service to the public
The authorization to provide a telephone service to the public
does not include the right to establish and operate

f. the incumbent's obligations in terms of job creation

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

in general and in particular the composition of the staff
coaching;

has

a

g. Contribution rnodalites
research, training
and normalization in the matter of communications
electronics:

a

h. the rights and obligations of the holder in
interconnection;

7

as well as the conditions of their attribution in accordance with

in section V of this chapter;
d) the charges due, if applicable, for the use,
management and control of radio frequencies
allocated, as well as the terms of payment of
royalties covered;
e) the list of commitments made during a
competitive selection by the operator having obtained the
. Licence.

i. the conditions necessary to ensure the quality of
treatment of users;
j. the conditions necessary to ensure interoperability
services;

3. The conditions for identifying operator subscribers
are specified by decree in the Council of Ministers.

k. Free routing of calls to services
emergency;

Art. 7: Call

a competition

I. payment of taxes to cover costs
administrative procedures caused by the implementation of
provisions of this law;

1. When the minister responsible for the
eiectronic communications is considering launching a call

mr. the obligations imposed on the holder, in particular
in terms of providing information, to enable its
control by the Regulatory Authority, in particular, a
control of tariffs based on costs;

a) inform the government thereof by means of a communication
Council of Ministers ;

a competition for the granting of an individual license, it:

a

b) ensure that the information concerning the criteria of.
selection do,
I'avance, the object of measures
appropriate publication so that they are easily
accessible;

not. the possibility of providing for a national arbitration procedure
eUor international;
o. Information, in particular on contractual conditions
providing the service, and protecting users;

c) duly take into account the need to maximize
benefits for users and facilitate
develop competition;

p. the duration, conditions of termination and renewal
of the license.

d) give interested parties the opportunity to express
their views on licensing conditions;

2. The Regulatory Authority may, where appropriate, include
other conditions in the specifications attached to
individual operator licenses to ensure
fair competition, in particular to take into account the
position of power on a rnarche of certain operators
and the natural arsenal of the territory.

e) initiates a call to the competition for the granting of licenses.
In the event that the number of individual licenses can be
to be increased with regard to the situation of the archbishop, the minister

to

take the necessary measures and initiates a call
the
competition for the granting of additional licenses.

It may in particular impose access obligations,
including local roaming or infrastructure sharing
existing electronic communications networks
to the public to allow the deployment of new
networks.

2. The candidate whose offer is judged
the best compared
published.

to I'ensemble of selection criteria

3. Licenses involving the use of frequencies
can be granted within the framework of a
auction procedure to ensure transparency,
the objectivity and impartiality of assignment of these frequencies
and the enhancement of the spectral domain of the State.

Additional conditions may also be
attached to the individual licenses of operators who have

to

has

access
restricted resources such as access to
spectrum where
the numbering:
a) the nature, characteristics, coverage area and
network deployment schedule;

has

4. The auction shall be the subject of a public report after
returned to the Council of Ministers.

b) the allocated radio frequencies and the conditions
their use;

has

5. In case the appeal procedure
competition is not
conclusive, the minister responsible for the
electronic communications informs

c) the nurneros or blocks of nurneros and assigned prefixes

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JOL'R: \ "AL OFFICIEL DE LA IU ~ PL'BLIQL'E TOGOLAISE

bidders, while specifying the motivations.

Operation of electronic communications services
above is subject to compliance with the rules defined by

Art. 8 : Granting of individual licenses

the Regulatory Authority on the points listed in
article 6.1 of this law.

1. Any individual license is issued by decree of the Minister
charge of the electronic communications sector after

Art. 11: Free networks and services

authorization by decree in the Council of Ministers.

Internal networks and networks mentioned
48 of this law as well as any

in the article

2. The decision to grant an individual license should be

electronic communications other than those referred to

taken and notified within the time limits provided for by the decree aimed at

Articles 5 and 10 are freely established subject to

point 6 of this article, without prejudice to any agreement

The application of general conditions necessary for compliance

international applicable in matters of coordination

essential requirements defined by this law.

international frequencies and satellites.

Art. 12: Procedures and conditions
3. Except in the case where the number of licenses is limited in
The framework of an appeal procedure
is issued

The procedures and conditions for authorization, declaration
and free establishment are specified by decree in council

has competition license

to any legal person, which has the right

technical and financial requirements and who commits
comply with the provisions of this law as well as the

ministers.

to

Art. 13: Changing the conditions in the

clauses of the specifications which are the subject of article 6 above.

license or has the authorization

The license is amended by the Minister on the proposal of
4. Radio frequencies, when they are

the regulatory autortte and authorizations are amended
by the regulatory authority.

to

necessary
the activity concerned by the license are
assigned in accordance with Articles 46 and 47 of this

to

has the authorization

law.

The conditions relating
the license and
can be modified only in cases objectively

5. Licenses are personal and non-transferable. They are

justified. The holder of the license or authorization is

published in the official journal of rnerne that the notebooks of

consults on the modifications envisaged within the deadlines

charges attached to them.

reasonable.

6. A decree specifies the modalities of application of

Art. 14: Renewal of licenses or authorizations

present provisions.

At least one year before the expiration date of a license or
of an authorization, the Regulatory Authority notifies the holder
the conditions for renewing the license or

Section 2: Authorization, declaration and
establishment of Iibre

The authorization and, if applicable, the grounds for refusing
renewal.

Art. 9: Authorization regime
Art. 15: Termination and denunciation of IJcences or
permissions

to

Independent networks are subject
authorization by
Autonte of regulation, on prior request of the operator

with

concerns,
the exception of those mentioned
of this law. This authorization is materialized by

in Article 48

has

1. When a license holder in not satisfied
a
condition of the license, the Regulatory Authority may, depending on

a decision accompanied by specifications.

the termination clauses, propose to the Minister to withdraw,
The use of radio frequencies is also
subject

modify or suspend the license or impose measures

to

to authorization from the regulatory authority.

Art. 10: Services subject

Specific designed
enforce the terms of the license.
The Minister reports on the file to the Council of Ministers.

to declaration

Operation of electronic communications services

with

below is free subject to a declaration to

2. When an authorization holder does not comply
a
condition of the authorization, the Regulatory Authority may

"Regulatory authority:

the termination, withdraw, modify or suspend clauses

at

authorization or impose specific measures aimed
enforce the terms of the authorization. The director

. electronic communications services other than
Telephony service to the public;

General of the Regulatory Authority reports on the file
to the minister.

- the provision of services to value-added,

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December 17, 2012

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC
CHAPTER IV -INTERCONNECTION AND ACCESS

CHAPTER 111- UNIVERSAL SERVICE
Art. 16: Principle of universal service provision

Section 1 re

The principle of providing universal service consists in

services

to competition, to be guaranteed to all
users and has an affordable price the access to a set
a market open

:

Interconnection and access to networks and

Art. 19: General principles
1. The operators of networks open to the public have the right,
under objective, transparent conditions and not
discriminatory, to interconnection requests from others
duly authorized public network operators.

minimum of electronic communications services of a
given quality.

The State takes all the necessary measures to guarantee
the entire population has access to a minimum set of

2. The operators of networks open to the public are entitled,

electronic communications services at a price

under objective, transparent conditions and not
discriminatory, to operator access requests.

affordable.
Art. 17: Methods of providing the universal service

specifies in particular:

3. The request for interconnection or access cannot be
refused if it is reasonable with regard to the needs of the
on the one hand, and the capabilities of the operator ala
satisfy on the other hand.

a) the content of the universal service offer;

4. The refusal of interconnection or access is justified.

b) the conditions of access and provision of the universal service;

5. The operators who control access to users
finals may be subject to obligations in view of
ensure the proper functioning and interconnection of their
networks as well as access to services provided on other
networks.

The specific methods of providing the universal service.
are defended by decree in the Council of Ministers. This decree

c) the conditions under which a directory grouping
All the contact details of subscribers, including

in

nurneros fixed and mobile, is placed
the
available to users in a form approved by
the Regulatory Authority whether imprirriée or

.6. Operators respect the principle of orientation towards
the relevant costs, i.e. the costs of the components

electronic or both at the same time;
d) minimum service density;

the operator's network or management structures
actually intervening for the provision of the service

e) minimum quality of service;

interconnection and any associated services
to third-party operators, for the pricing of these services.

f) the rules for defining and adjusting the price;
7. A decree determines the general conditions
interconnection and access, especially those linked to
essential requirements and pricing principles

g) the provisions concerning, where appropriate, the modalities
designation of the operator (s) responsible for providing the

to which interconnection and access agreements must
satisfied.

universal service as well as those of its financing.
Art. 18: Funding of the universal service

in eligible areas, and to development projects

Art. 20: Interconnection catalog
The operators of networks open to the public publish and
update, annually, a technical and price offer
interconnection and, where appropriate, an access offer,
previously approved by the Regulatory Authority in

of Information and Communication Technologies

the conditions provided for by decree in the Council of Ministers.

A fund is created for the development of the service
universal funding and the financing of deficit-related charges
operating infrastructure of installed operators

(ICT) in accordance with the program developed by the Ministry
in charge of electronic communications. Its management

Art. 21: Nature of interconnection agreements and
access
Interconnection and access are the subject of a
private law between the two (2) parties concerned.

is entrusted to a cornite.
A decree in the Council of Ministers sets the rules
organization, operation and composition of this

. These conventions determine, while respecting

cornite,

provisions of this law and the provisions taken '

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December 17, 2012

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

for its application, the technical and financial conditions

Section 3: Open Access to Band Capacities

interconnection or access.

pass-through on submarine cables

This agreement is issued within eight (8) days

Art. 25: Open access to bandwidth capacities
on submarine cables

timelines for its signature

to the Regulatory Authority, which

Examines it and enters it in its registers in accordance
its internal procedures.

with

1. The operator who owns and / or manages a station
submarine cable landing site, on national territory
of Togo is subject to the following obligations:

Art. 22: Modification of interconnection agreements
and access

a

To ensure the equality of competitive conditions or

a) provide whole being duly authorized operator in Togo Ie
request access
their cable landing station
submarine as well as co-location services
including virtual;

interoperability of communications networks or services
electronics, the Regulatory Authority may ask the

to

parties
an interconnection or access agreement,
modify their agreement under the conditions provided for in the decree

to

a

b) providing whole being duly authorized operator in Togo Ie
requests an interconnection link service between
The operator's point of presence and the station
cable landing;

referred to in article 19 of this law.
Section 2: Local loop unbundling
Art. 23: Getting out

c) providing a whole being duly authorized operator in Togo Ie
requests an interconnection service with
international capacities that it holds on a cable under

1. Depending on the evolution of markets, networks and
electronic communications services and, after

to

sailor connected
his landing station as well as
all capacities held by third-party operators

stakeholder consultation, the regulatory authority

on all the submarine cables connected to the
station;

may submit for opinion to the minister responsible for the sector
electronic communications an analysis on
the opportunity to implement the deqroupaqe of the loop
local on the fixed network and, if applicable, the
necessary

d) to land

to its implementation ceuvre.

e) publish the technical and price conditions of these
services in an interconnection and access offer of

2. On the basis of proposals from the Regulatory Authority,

reference relating
underwater.

Minister responsible for the communications sector
electronlques takes a regulatory text in order to specify
the conditions and procedures for providing the service

to access to international capabilities

2) In the event of failure of commercial negotiations, the Authority
of regulation can also be seized of the differences relating to
on the conclusion or execution of access agreements to
bandwidth capacities on submarine cables

deqroupaqe to third-party operators.
Art. 24: Principles
The relevant text provided for in Article 23 above will specify
the arrangements to

at said station;

in

according to the procedure provided for
article 29 of this law.
A decree in the Council of Ministers sets the terms
application of this article.

be implemented so that:

a

-Ies new entrants can enter local loop
on the basis of a predefined schedule;

Section 4: Sharing infrastructure

- new entrants are required, by their notebook

has

loads,
a minimal deploiernent of infrastructure;
- the wired local loop operator provides new

Art. 26: Conditions for sharing infrastructure

incoming access to copper pairs as well as
1. The Regulatory Authority encourages sharing
passive infrastructure under fair conditions,
non-discrimination and equal access.

possibility of co-location in its own premises
to facilitate grouping;
-The technical and price deqroupaqe offer, including
the list of services offered, be approved by the Authority

2. When this sharing is made necessary to satisfy
the objectives of competition or arnenaqement of the territory,
the Regulatory Authority may impose obligations of

of regulation.
The conditions of application of this section are
specified by decree in the Council of Ministers.

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December 17, 2012

11

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

sharing of passive or active infrastructures that they
are existing or to be built, in particular the poles,
sleeves and high points, on a commercial basis,
especially in low density areas in order to
pool the infrastructure investments of
operators and at places where access to such
capacity is limited.
3. In its appreciation of the proportionality of
infrastructure-sharing obligations that it may, in the case of
if necessary, impose, the Regulatory Authority takes in particular
take into account the following elements:
- the technical and economic viability of the use
share of planned infrastructure;
- the technical feasibility of sharing
existing infrastructure given the capacity
available;
- the initial investment made by the owner of the
resources, without neglecting the risks inherent in
The investment.
4. Operators operating a communications network
electronics open to the public are authorized to access
infrastructure deployed by infrastructure operators
alternatives. The conditions for this access are subject to
agreement between the two parties.
5. A decree in the Council of Ministers fixes the terms
application of this article.
Section 5: Itlnerance

reasonable;
f) provide clear, transparent and detailed information
customers of the tariffs applied for itlnerance;
g) draw lessons from international practice.
Art. 28: national ltlnerance
1. The nation ale roaming service is provided in
objective, transparent and non-discriminatory conditions.
This service is subject to a private law agreement.
between mobile radio operators. This one
determines the technical and financial conditions of
provision of the local roaming service. She is
communicated to the Regulatory Authority under the conditions
specified by decree in the Council of Ministers.
2. When the implementation of a roaming service
national level is necessary to meet the objectives
competition or natural arnenaqernent of the territory,
the Regulatory Authority may require operators to
radiocommunications to provide the service of itlnerance
national in areas defined under the conditions of
decree mentioned in point 1 of this article.
3. To ensure the equality of competitive conditions or
interoperability of services, the Regulatory Authority can
ask the parties to a national roaming agreement
modification of local roaming agreements already concluded,
under the conditions provided for in the decree referred to in point 1 of
this article.
4. Disputes relating to the conclusion or execution of
the local ownership agreement are submitted to the Autorité de
regulation, contornernent to article 29 of this law.

Art. 27: international ltlnerance
Minister responsible for the communications sector
electronic systems as much as possible
compatible mobiles from the point of view of roaming in the
sub-region, it takes this criterion into account when granting
mobile radio licenses and ensures
that the Regulatory Authority can:

CHAPTER V - SETTLEMENT PROCEDURES
DISPUTE AND CONCILIATION, POWER OF
SANCTION, RIGHTS OF APPEAL
Art. 29: Procedure for the settlement of dispute

a) investigate practical roaming prices in the region;
b) carry out consultations with the stakeholders concerned
in order to arrive at reasonable prices allowing a
maximum number of itinerants in the region to be able to use
networks at the best price and quality;
c) identify operators practicing abusive prices;
d) request, if necessary, the opinion of the council of the
competition;
e) allow subscribers of prepaid services to
benefit from the roaming service and at prices

1. In case of interconnection or access denial are included
deqroupaqe of the local loop, failure of negotiations
commercial or disagreement on the conclusion,
The interpretation or execution of a convention
interconnection or access to a communications network
electronics, the Regulatory Authority may be asked to
dispute by one or the other of the parties.
2. The Regulatory Authority takes a decision within 3
(three months. However, this period may be extended to six (6) months
when it is necessary to carry out investigations and
complementary experiences.

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

Its decision, which is motivated, specifies the conditions in

has

Ie regulation gives notice of rernedier
the situation in
The deadline that it sets. If the formal notice remains unresolved,

which interconnection must be ensured,

the Regulatory Authority may, on its own initiative or on
It is published in the Official Journal.

request from the minister responsible for the
electronic communications, depending on the severity of the

It may be the subject of an action for annulment or

a

reformation before the court of appeal cornpetente
in accordance
month

failure, pronounce I'encontre the operator or
service provider detailing one or the other of the

with article 32 of the law, within a period of one (1)

following sanctions:

has of its notification.

a) fine of up to 2 % of turnover with

The appeal is not suspensive.

possibility of pronouncing a fine of an amount
minimum of five hundred thousand (500,000) CFA francs per day.

3. In the event of a serious and flagrant violation of the requirements

In the event of a repeat offense, these fines may be

The electronic communications sector, the Autorité de

double;

regulation may, after having requested the parties to present
their observations, order provisional measures

b) restriction of the scope or duration of the license or

appropriate in order to ensure the continuity of the

authorization after the agreement of the Minister;

networks and services.
c) proposal to the Minister for the suspension or withdrawal of
Conservatory measures taken by the Regulatory Authority

the license or authorization or imposition of measures

may, at most ten (10) days after their notification,
specific measures aimed
Licence.

be the subject of an appeal before the Administrative Chamber

at ensuring compliance with the

of the Court of Appeal.

to

Any decision relating
the license is preceded by an account.
returned to the Council of Ministers.

4. In the event of failure of commercial neqoclations, l'Autortte
of regulation can also be seized of the disputes relating to

The Minister responsible for the communications sector

relating in particular to:

electronic reports to the government on all decisions
or measure aimed at enforcing the terms of the license.
Any decision affecting the license or authorization is

a) the possibilities and conditions of use
sharing between operators of existing installations
located on the public domain or on private property
provided for

immediately notified

in Article 26;

2. The Regulatory Authority may, within the framework of the missions

b) the conclusion or execution of the roaming agreement
national law provided for

to the interested party.

of control entrusted to it:

in Article 28.

a) have a bailiff affixed, at the owners' expense

In these cases, the Regulatory Authority decides

of justice seals on any device, equipernent, or

on these disputes under the conditions of form and
local used or contributed
law :

procedure provided for in point 2 of this article.

to the offense in the present

b.) proceed, in the presence of a bailiff, to the

Art. 30: Conciliation

dismantling of the aforesaid apparatus and equipment;
1. The Regulatory Authority may undertake on referral or

c) proceed, in the presence of the judicial officer, to
the removal of said devices and equipernents and of

on its own initiative a conciliation procedure with a view to
to resolve disputes between operators or between operators and

keep watch.

users, guided by the principles of impartiality,
objectivity, non - discrimination, equity and justice.

at the end of a fixed period
by decree, the parties may have recourse to the procedure of
dispute resolution provided for in Article 29 of this

3. In the event of a criminal offense, the Regulatory Authority may
seize the public prosecutor.

2. In the event of failure of conciliation

law.

4. The decisions of the Regulatory Authority are reasoned,
I

notflees

to the mother and published in the Official Journal.

Art. 32: Action for annulment - Right of appeal

Art. 31: Power of sanction
1. When an operator or service provider does not satisfy
not with the obligations applicable

to his office, the Authority

Nominative decisions taken by the Regulatory Authority

Ie

on
foundation of planned sanctioning powers
31 as well as its administrative decisions of scope

in article

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December 17, 2012

OFFICIAL JOURNAL OF THE OGOLESE REPUBLIC

qenerale may be subject to an action for annulment
at the administrative chamber of the Supreme Court

in

within a period of two (2) months
their notification
or publication. This recourse is judged within a period of one (1)
month 's from the date of filing of the application.
Appeals against the decisions of the Regulatory Authority
taken on the basis of its expertise in

in

2. In case of clearly identified need, the Authority
regulation sets up a suitable device to allow
the consumer to keep his nurnero. Rnodalites
for implementing the portability of the nurneros are then
adopted by decision of the Regulatory Authority, after
consultation with operators;

claim of dispute provided for
article 29 of this law
may be brought before the Administrative Chamber of the
Court of Appeal.

3. Where appropriate, the Regulatory Authority decides the disputes

The appeal does not suspend the execution of the decision except

Art. 37: Domain name management

related

to the portabllite.

13

The appeal does not suspend the execution of the decision except
if suspended

the regulatory authority managed or managed by a third party

in execution Ie pronounced by the judge.

competent the national Internet domain " .tg " in agreement
with the minister.

CHAPTER VI - NUMBERING AND NAMING

To this end, a reqlernentary text specifies the modalities of
the technical, administrative and commercial management of

Art. 33: Nurnerotatlon plan
A national scheduling plan is established and managed by
the Regulatory Authority.
It guarantees equal and easy access to. users to
different communications networks and services

".tg " domain names under transparent conditions
and non-discriminatory.
CHAPTER VII TERMINAL EQUIPMENT

electronic as well as to some emergency nurneros, has
Directory and public information regardless of the
network uses and the equivalence of nurnerotation formats.

Art. 38: Approvals

Art. 34: Allocation of nurneros
In the management of the national nurnerotation plan of which it has
the charge, the Regulatory Authority assigns to the operators and

to anyone who requests it, in sufficient quantity
for the exercise of their activities, prefixes and nurneros
or blocks of nurneros, under objective conditions,
transparent and non-discriminatory, with

to

fee intended
cover the costs of managing the plan
numbering and control of its use.
These prefixes and nurneros or blocks of nurneros are

to

admission procedure of the calls people
realize
these jobs. Terminal equipernents are provided
Freely. When they are intended to be connected to a
network open to the public, they are subject to prior approval
issued by the Regulatory Authority.

made

non-transferable and cannot be
available
third that after approval of the Authority of regulation.
A decision of the Regulatory Authority specifies the conditions
application of this article.

a

Art. 35: Assignments of other addressing resources
The regulatory authority manages or has qererated by a third party
competent the other common addressing resources
to networks open to the public, in particular the codes
national and international semaphores.

I
I

1. the Regulatory Authority determines the regulation procedure
national and regional teams and laboratories
and international as well as the conditions of recognition
standards and technical specifications. She determines
also types of communications equipment
electronics and radio communications requiring
technical qualification for their connection, their
in service and maintenance, as well as the criteria and

2. The support of equlpernents is required in all cases
for radioelectric installations whether intended

to be connected to a network open to the public.

or not

Art. 39: Nature of approvals
The aqrernent certifies that the equipment which is the object
complies with the essential requirements, it is equivalent to authorization of

to

Art. 36: Portability

connection
a network open to the public, except for certain
categories of radio terminal equipment not

1. For the implementation of number portability,

destined

the Regulatory Authority, in conjunction with the operators,

to such use.

Art. 40: Request for approval

has

precedes
the rnarche studies to assess needs
of consumers in terms of portability in order to identify
the categories of consumers likely to request
this service;

to

Requests for assistance are addressed
the Authority
regulation which has a maximum period of six (6) weeks,

was the date of the deposit certify an accused of
receipt of the request i " :) l r make known its decision.

I

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Art. 41: Granting of aqrement
This is the subject of a substantive decision and

the management of radio frequencies before the installation
effective ANSR.

publication by the Regulatory Authority. Its grant is subject to

to

the payment of a fee intended
cover the costs
the issuance, management and supervision of this
approval. Support can only be refused in the event of no
conforms to the essential requirements and / or standards and
technical specifications recognized in Togo. The refusal
aqrernent must be motivated and published, In case of dispute,
the opinion of an approved laboratory is obtained.
Once assigned for a model of terminal equlpernents,
the aqrernent is valid for any unit of the model
corresponding under the conditions set by the

Art. 42: Prohibition of sale and manufacture
Terminal equipments and facilities

to

at

a

in

that can be used
both civilian applications
and national defense;
b) the distribution of radio frequency bands
attributed to civilian needs for the various uses,
respecting, in particular, the needs of the networks and
electronic communications services open to the public.

has the
to

distributed free or costly title or be connected
a
network open to the public or be the object of publicity

to

with the Union Radio Regulations
International Telecommunications, is adopted by decree
in the Council of Ministers. It contains:

By common needs, the frequency bands are targeted.

electronic communications submitted
aqrernent aimed
Article 38 of this law cannot be made for

have been subject
conform
it.

1. The radioelectric frequencies are managed according to the plan
national frequency band allocation
radloelectric. This plan, drawn up by ANSR in accordance with

a) the distribution of radio frequency bands
between the needs of national defense on the one hand, and the
civil and common needs on the other hand;

regulation.

Ie domestic market nor be irnportes for setting
consumption, or held for sale, or be

Art. 44: Management of radio frequencies

to this approval and remain permanently

2. The radio frequency bands allocated to
national defense needs are exclusively addressed

CHAPTER VIII - RADIOCOMMUNICATIONS
Art. 43: Creation of the National Spectrum Agency
of Radiofrequencies (ANSR)

by the minister responsible for national defense; they don't
can be used only for these purposes.
3. The radioelectric frequency bands allocated to
civil and common needs are exclusively managed by

1. An agency called the National Agency for

Autorlte of the regulation has the exception of frequencies
terrestrial networks used by radio broadcasting and
television which are qerees by ANSR.

Radiofrequency Spectrum (ANSR) responsible for
coordination of the State spectrum and the management of
radio frequencies necessary for
sound or television broadcasting.

4. The ANSR coordinates the participation in the work of
regional and international bodies, in particular those

2. As part of the coordination of the State spectrum, the ANSR
allocates frequencies to the various administrations and
affected authorities;
3.As regards the management of radio frequencies, the ANSR
assigns the radio frequencies necessary for
sound or television broadcasting networks.

of the ECOWAS Commission relating to a
harmonization of spectrum management policies
radio frequencies and the promotion of the service
broadband wireless access services. She represents the
Togolese Republic in the bodies created for this purpose.
Art. 45: Networks, installations and stations
radloelectrcs

4. The ANSR is placed under the technical supervision of the Ministry
in charge of electronic communications.

operating procedures, are specified by decree in
Council of Ministers.

1. the establishment and operation of a network,
installation or radio station allocated to
civilian needs in order to ensure either the transmission or at the same time
sending and receiving electronic communications
are subject to the following conditions:

6. As a transitional measure, the Regulatory Authority remains responsible
coordination of the spectrum of the State and of all

a) obtaining authorization to use the given spectrum
by the Regulatory Authority. This authorization is included

5. The other ANSR missions, its composition and its

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December

17, 2012

15

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

in the license or in the authorization to establish a
independent network;

- preserving the efficient use of the spectrum;
- achieve an objective provided for in article 2 of this law.

b) the assignment of one or more frequencies
radioelectric by the Regulatory Authority;

3. l.'Autorite of regulation or Ie where appropriate I'ANSR watch has
what the accumulation of frequencies to the benefit of an operator

c) the specific conditions referred to in article 46 below;

does not create distortion of competition.

d) the exclusion of radioelectric signal emissions
parasites liable to disrupt other services,
radio networks, installations and stations.

4. The Regulatory Authority determines the conditions of their
use which, if any, form an integral part of the
license or authorization issued to operators of
radiocommunications networks and, in particular,
following items included in the authorization for use
spectrum:

2. However, the support of a terminal equipernent
radio, approving its connection to an open network
to the public is equivalent to authorization by the Regulatory Authority
use of this terminal on any radio network
of electronic communications open to the public standard
compatible.

a) the characteristics of the erased signals and equipments
broadcast used;
b) the place of emission;
c) the upper limit of apparent power ray nee;

3. the regulatory authority determines the categories
of radioelectric installations allocated to
civilian needs for the handling of which the possession
an operator's certificate is required.

d) protection against possible interference with
The use of other telecommunication techniques;
e) the conditions regarding the essential requirements,
public safety, security of services
aeronautical and life-saving radioelectric devices
human;

4. Authorization to use radio frequencies
assigned to broadcasting networks and services
sound andlou televisuels concerns the technical conditions
use of stations and frequencies as well as
Royalties are afferent,
The allocation of authorizations for networks reserved for
aeronautical or maritime services as defined by Ie
Union Radio Regulations
International Telecommunications is carried out in
agreement with the administrations responsible for these services.

f) fees due to cover management costs and
frequency spectrum control.
5. The radio frequencies assigned to the
sound or television broadcasting are assigned by
The ANSR according to their availability, by the procedure
public auctions, unless expressly waived. The
candidates for public auctions must be in possession of

Art. 46: Assignment and use of frequencies

to

of the authorization
compete issued by the High Authority
of Audiovisual and Communication.

radloelectric
1. Radio frequencies are assigned due to
their availability under objective conditions,
transparent and non - discriminatory and in respect
of the principle of technological neutrality.

6. The right to use radio frequencies gives
place for the payment of a royalty fixed by auction
in public if on the procedure call has competition
or in the case provided above of frequencies
radioelectricity assigned to sound broadcasting or
televisual.

2. However, the Regulatory Authority or, where applicable
ANSR may provide for restrictions on the types
equipment, networks and technologies used in
the frequency bands allocated if necessary
for:

7. For the allocation of radio frequencies over

in Article 9 of the

Water or together with the authorizations provided for
present law, the minister responsible for the
electronic communications publishes a barerne.

- avoid harmful interference;
- protect public health;

8. A decree from the minister responsible for the
electronic communications sets the terms of
collection of royalties by ANSR and Autortte de
regulation.

- ensure the technical quality of the service;
- optimize the sharing of radio frequencies;

Page 15
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Jourt ~ AL OFFICIAL TOGO

December 17, 2012

REPUBLIC

Art. 47: Request for authorization to use spectrum

CHAPTER IX PROVISIONS RELATING TO
OPERATORS EXERCISING POWER
SIGNIFICANT ON A MARKET OF
ELECTRONIC COMMUNICATIONS

With the exception of the radio frequencies used by

sound or television broadcasting networks , any
application for authorization to use spectrum, other than

has competition is addressed to

in the hypothesis of a call
the Regulatory Authority.

Art. 51: Market analysis

Regarding the radio frequencies used

1. The Regulatory Authority determines with regard to the obstacles

by sound or television broadcasting networks, any

to the development of effective competition, the markets

request for authorization to use the spectrum is sent

of the relevant electronic communications sector in

at the ANSR.

for the application of articles 52

Art. 48: Other radioelectric services
The authorizations provided for
this law:

to 58 of this law.

2. After having analyzed the state and the foreseeable evolution of the

in article 45 of

competition in these markets, the Regulatory Authority establishes
and publishes the list of powerful operators.

1.Devices exclusively composed of devices for

3. As part of its market analyzes, the Autorité de

low power and low range including categories and

regulation may refer to the Commission Nationale de

the technical operating conditions are determined

competition and consumption.

by decision of the Regulatory Authority ;

4. A decree in the Council of Ministers specifies the modalities

2. stations or radioelectrical devices intended for

application of this article.

to

exclusively
reception of broadcasting sound etl
or televisuelle.

Art. 52: Specific obligations of operators
mighty

Art. 49: Electromagnetic disturbances

The Regulatory Authority can impose on operators

Any owner or user of a radio installation,

exerting significant power on a relevant market

located anywhere in the national territory

of the electronic communications sector

producing or propagating disturbances hindering

with one or more of the obligations provided for in
articles 53 to 57 of this law.

The operation of a public radio reception center

comply

or private, is required to comply with the provisions which

These obligations apply insofar as a new

are indicated by the regulatory authority or

market analysis does not make them obsolete.

The ANSR in order to put an end to the disorder.

The obligations provided for in Articles 57 and 58 apply
any operator.

Art. 50: Controls
Compliance with the missions entrusted to it under

to

Art. 53: Orientation of tariffs towards the relevant costs

of this law, the Regulatory Authority or the ANSR in this

Powerful operators respect the guiding principle

which concerns the radio frequencies used by

tariffs towards the relevant costs, that is to say the costs

sound or television broadcasting networks have a

network components or management structures

permanent control over the technical conditions and

of the operator actually involved in the services

operating private radio stations of all

that they supply to third-party operators in the

categories as well as on the use of the spectrum of

fat on which they have been designated as holding a

radio frequencies. As such, it can collect

significant power.

information necessary to ensure compliance

The Regulatory Authority publishes the cost nomenclature

obligations provided for in this law and in the

relevant for each of the services covered.

implementing texts and has powers of investigation,
recording of infringements and seizures. Thus, its

Art. 54: Control of interconnection and
access

at

representatives can,
any time, enter the
premises housing the transmitting stations, on presentation of
their mandate.

1. Powerful operators are required to join the project

The control of aeronautical stations and

to

of interconnection catalog and / or access subject
"Regulatory authority a detailed presentation justifying

ships is carried out in agreement with the administrations
in charge of the aeronautics and navigation sectors

the main prices offered.

maritime.

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December 17, 2012

17

OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

2. The Regulatory Authority ensures the validity of the
methods and data used under the conditions

3. The modalities of the tariff framework as well as the
calculation of the reference cost are subject to a substantiated decision
of the Regulatory Authority. It is enforceable within a period

specified by the decree provided for in article 19 of this law.

maximum of two (2) months to the date of notification.
It may be the subject of a graceful appeal.

has

3. It ensures
that pricing for access and
Interconnection, with regard to powerful operators
is a function of cost and that, where appropriate, the royalties

4. The Regulatory Authority ensures compliance with
management decisions. In the event of non-compliance with
its prescriptions, the Regulatory Authority implements the
sanctions provided for in article 31 of this law on

to be paid by the customer does not act as a deterrent.
Art. 55: Non discrimination
Powerful operators are required to provide
interconnection or access services under conditions
non-discriminatory.

electronic communications,

The obligations of non-discrimination include in particular
so that operators are required to apply
equivalent conditions in equivalent circumstances
other companies providing similar services.
they provide services and information to others, in
the same conditions and with the same quality as those
that they provide for their own services, or for those of
their subsidiaries or partners.

significant modification of the economic environment
general, the level of competition or the structure of
their costs. In this case, the Regulatory Authority decides,
after examining the situation, if it is necessary to modify the

5. Operators can contact the Regulatory Authority of a
request for revision of the supervisory rules in the event of

reqles coaching andlor give a I'encadrement.
Art. 57: Separation on the chart of accounts
Operators are required:
1. to implement an analytical accounting for
individualize on the accounting plan the activity (s)
authorized;

A 1 .... §§: Supervision of tariffs on Ie rnarche retail
1. The Regulatory Authority, after decision of the Council of
ministers, organize the framing of tariffs on the market
detail of an operator in order to compensate for the absence or
The lack of competing offers on one or more
services, especially in the case where it does not appear
possible to promote the development of competition
through the granting of new licenses.

2. to present separate accounts in accordance with
international best practices in order to distinguish between
accounts relating to regulated activities and activities
not regulated.
The Regulatory Authority publishes a decision prescribing the
form of this internal accounting.

a) The purpose of the price framework is:

Art. 58: Communication of information it I'Autorite
regulation

- orient the prices of services towards their cost prices
resulting from efficient management;

1. The operators are required to communicate to the Autorlte
regulation, upon request, all information
necessary for the accomplishment of its mission.

- eliminate cross-subsidies between services
distinct.

The Regulatory Authority establishes and communicates to operators

b) Prior to the management decision, the Authority
regulation ensures:

the detailed list of this information.

a

She puts day periodiquernent taking into account,
in particular, work on the harmonization of
calculation implemented in the Member States of the

- the absence of sufficient competition on the
services concerned;
- the existence of a significant difference between the tariff of the
of services and their reference cost.

ECOWAS and UEMOA.
2. Operators are required to allow access to

2. The Regulatory Authority may waive setting a framework for a tariff
when the search for the service concerned is not significant
with regard to the needs of the public or when their perspectives
development are poorly identified, especially during

staff or agents are mandated by the Authority

the phases of launching a new service.

3. The Regulatory Authority is required to respect the

has

have

regulation
their facilities and
their information systerne
in order to control the validity of the information received.

confidentiality of non-public information to which

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THE OFFICIAL DAY OF THE TOGOLESE REPUBLIC

CHAPTER XII INSTITUTIONAL PROVISIONS

it has access within the framework of the cost audit
interconnection and access.

Section 1 re:

Minister responsible for the

CHAPTER X - RIGHTS OF WAY AND SERVITUDES

electronic communications

Art. 59: Rights of way and easements

Art. 62: Missions
Minister responsible for the communications sector

1. Operators holding licenses or authorizations

electronics:

provided for by this law benefit, in accordance with the
regulations and for a fair and prior

a) develop the sectoral policy in the field of
electronic communications;

compensation, rights of way over the public domain
and necessary easements on private property:
a) the installation and operation of the

b) represents the state in neqoclatlons and conclusions
international agreements, conventions or treaties
concerning the electronic communications sector
and promotes sub-regional and international cooperation;

electronic communications;
b) the suppression and prevention of disturbances
electrical devices or obstacles likely to

c) ensure the implementation of agreements, conventions or

disrupt the propagation and reception of waves

international treaties concerning communications
electronics to which Togo is a party; for this purpose,

electrornaqnetiq ues.

measures that may have an impact on
.exchange between IeTogo and Member States of the same

2. In the absence of agreement on the modalities of the easement and on
The amount of the compensation, the competent courts are
entered by the most diligent party.

community must be communicated to the
community under the conditions determined by
community texts;

Art. 60: Prerogatives regarding the installation of lines

d) define the universal service policy;
1. The operator of a network open to the public referred to in Article 5
of this law may execute on the ground or the basement
public roads all work necessary for

e) issue licenses within the framework of the jurisdictions which
are recognized by this law;
f) initiate competitive bidding procedures
corresponding provisions provided for in article 7 of this law;

the establishment, maintenance and extension of lines of
electronic communications on condition of having obtained the
necessary authorizations for this purpose and to restore
the traces used. He determines the trace of these lines by
agreement with the authority responsible for the route. The works

g) suspend or cancel the licenses issued in application
of article 5 of this law in any of the
following cases:

has the necessary etablissernent and has I'entretien lines and
electronic communications works are carried out

- at the request of the holder;

in accordance with the reqlernents of the road network.

- after the holder has been put in default and has had the
opportunity to present observations:

2. The owner of a built or unbuilt building or his
agent cannot oppose the installation of a

• or that the holder has violated the conditions of the
Licence;

electronic communications requested by its tenant

• or that the license was obtained under false
statements;

or a bona fide occupant,

h) monitor the implementation of the policy
sector-specific to meet the requirements of
economic and social development of the country;

CHAPTER XI - CRYPTOLOGY
Art. 61: Encryption and Encryption
Operators comply with legal provisions
and regulations in force relating to the supply,

i) proposes measures to encourage
Investment;

The export, import or use of means or
encryption and encryption services.

j) ensure the technical supervision of the Authority for the regulation of
electronic communications sector;

In this context, they make the prior declarations
or, if applicable, request prior authorization from
the Administration.

k) give the Regulatory Authority order instructions
general with regard to the main orientations of its actions;

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

to the

electronic communications subject to the obligations
accountants and tariff control;

I) contributes
exercise of State missions in matters
electronic communications;
m) report annually to the Council of Ministers on

e) establish the list of relevant costs that must be incurred

the evolution of the sector;

take into account the same operators and suppliers of
services;

n) coordinate the appointment of members of the committee of
management of the Regulatory Authority with a view to their

f) to specify, as necessary, the provisions provided for

appointment by decree in the Council of Ministers.

to their implementation;

by this law and to see

g) determine the technical specifications and
administrative management of terminal equlpernents,

Section 2: Authority for the regulation of the
electronic communications

radio installations and laboratories

to be

desiqnes for the tests
carried out as well as the
connection conditions to termination points

Art. 63: Creation
It has created a national authority requler Ie sector

networks open to the public;

electronic communications authority

h) to deliver and have delivered the aqrernents provided for by the

Regulation of the Electronic Communications Sector,

this law and the regulations in force;

in abbreviation " ARCE ".

i) adopt or define standards and specifications
The Regulatory Authority has legal personality,

techniques applicable in Togo;

financial and managerial autonomy.
j) ensure has the ceuvre implementation of interconnection agreements,
access, including in terms of deqroupaqe or

to the Authority of

ARCE takes over the mission entrusted
Telecommunications regulation by article 30 of

local finance and, where appropriate, sharing

Law No. 99-004 of March 15, 1999 on postal services.

infrastructure in accordance with the provisions of
presents 10; ;

Art. 64: Tax regime

k) to establish, manage and control the national plan of

The Regulatory Authority performs a public ufilite mission.

nurnerotation;

To this end, it benefits from the tax and customs regime

I) reqlernent cryptology services;

to the

applicable
administration, in particular an exemption
of duties and taxes on investments made and on

m) examining license applications, ensuring the

the equipments acquired within the framework of its mission.

preparation and implementation of procedures
Call by licensing a competition and

Art. 65: Missions

has

that the preparation and implementation
updated the specifications
charges fixing the rights and obligations of operators

The regulatory authority for the communications sector
electronic has the following attributions:

open electronic communications networks
to the public;

a) to implement and monitor the application of this
law (i) under objective, transparent conditions, not

n) to receive prior authorization requests and

-discriminatory, (ii) respecting the principles of

the declarations provided for by this law. The Authority

proportionality and technological neutrality (iii) by

in

of regulation issues the authorizations provided for
article
9 and prepare the corresponding documents, including

written, informed and published decision;

the definition of the terms and conditions for awarding

b) define the principles of fair pricing and

authorizations;

reasonable services in the communications sector
electronic devices and supervise, if applicable, the

0) to issue registration certificates to operators

operators or suppliers, particularly in terms of

and service providers subject to the

interconnection and access, under the defined conditions

declaration;

by this law;
p) to ensure compliance with the rules relating to licenses and

c) to approve the tariffs of the operators under the conditions

authorizations, approvals and associated specifications;

defined by a regulatory text;

q) to fix the rate of the royalties it collects for
d) develop and, if necessary, revise the requirements

The attribution of authorizations, authorities, decisions and

accounting methods as well as

other services it provides, including under the

accounting for costs that must be taken into account

management and allocation of scarce resources;

operators and service providers

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

r) to send, in the event of infringements of this law,
in default to comply with it within a determined period;

composed of seven (07) desiqnes members taking into account
their competence in the field of communications
electronics and ICT and as follows:

s) collect information and carry out surveys
necessary for the exercise of its powers;

- five (05) by the President of the Republic on proposal
of the following entities:
• one (01) by the Minister in charge of Communications

(t) to keep the register of electronic communications;
u) to implement the development policy of the service
universal;

electronics:
• one (01) by the Minister in charge of Security;
• one (01) by the Minister in charge of National Defense;
• one (01) by the Minister in charge of Communication;
• one (01) by the chamber of commerce;

v) establish performance standards for operators
in relation to the provision of the service;
w) deal with all matters relating to the protection
consumer interests, including
the establishment of an appropriate system for the reception
consumer complaints, and inquiries
relating to communications services
and, where appropriate, to transmit said complaints to
bodies concerned;

- two (02) elected by the National Assembly.
The members of the board of directors are appointed by decree
the president of La Repubiique for a term of three (03)
years renewable only once.
The members of the executive committee are not revocable
except in cases of emergency noted by the court

x) to regulate the protection and security of data

administrative or in the event of gross negligence.
One of the following facts constitutes in particular gross negligence:

y) manage the domain name (.tg);
- failure to respect the secrecy of deliberations and decisions;
- active or passive corruption and any other offense

z) invoice and collect the fees and fines provided for
by this law;
aa) to publish an annual activity report containing
relevant information on the sector; especially the
competitive situation of
electronic communications, on the performance of
electronic communications operators compared to
the provision of service, the quality of the services provided
and consumer satisfaction;

assimilable;
- direct or indirect interest in a company of
regulated sectors;
- commercial relationship with the Regulatory Authority.
However, the mandate may end by death or resignation.
In the event of death, during the term of office, or in the event
or a member is no longer able to exercise his mandate,
it is provided irnmediaternent was substituting investment in
same conditions as for his appointment, for the period
of the mandate remaining to run.

bb) to propose measures to adapt the framework
legal, economic and security in which
communications activities are practiced
electronics;

At least two (02) members of the executive committee
must have proven competence and experience in
The electronic communications sector.

cc) to propose measures aimed at ensuring competition
sustainable and effective;
dd) to participate, upon delegation of the Minister, in the representation
state and the development of its position in the
international negotiations;
ee) ensure technical and operational coordination with
neighboring states.

Each member must be independent from power
policy, operators and service providers of
electronic communications and any other organization
intervening in 1 (; sector.
The function of a member of the executive committee is
incompatible with the holding of Interests in a company
or institution subject to the control of the Regulatory Authority
as well as with any national or local elective mandate or any
government charge.

Art. 66: Organs
The bodies of the "Regulatory Authority are:
a) the executive committee;

Before taking up their duties, the members of the committee of
management take an oath before the administrative chamber
of the Court of Appeal.

b) general management.
Art. 67: Steering gear
The executive board is a collegial body deliberating

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

Art. 68: General direction

ministers concerned, to the State services, the assistance of which

The general management of the Regulatory Authority is ensured
by a director general appointed by decree in council of

it seems necessary

has

Ministers, on proposal of the Management cornite,
subsequently
an appeals procedure has application, for a period of
three (03) years renewable only once, that the second
term of office is consecutive or not to the first. He can be revoked
by decree in the Council of Ministers.

Art. 74: Setup work of walking lnterleur Regional
1. When the Regulatory Authority takes decisions which
are likely to affect trade
between ECOWAS and / or UEMOA member states and
on the implementation of the single market, in particular
when they concern:

The functions of the director general are incompatible with
any other activity carried out in the sector, any mandate
national or local elective or any government office.

a) the implementation of the pricing policy applicable to
electronic communications services;

Art. 69: Organization and functioning of the Autorlte
regulation

b) the implementation of the development policy of the
Universal Service;

The organization and operation of the Regulatory Authority
are fixed by decree in the Council of Ministers.

c) interconnection and access or relate to the modalities
granting authorization for the establishment and
The operation and / or provision of

Art. 70: Power to perform legal acts
the Regulatory Authority, among other attributions and powers

electronic communications open to the public.

to:

enurneres in this law is empowered
- sue;
- invest in certain operations (bonds, bonds
treasury, etc.) to grow his savings;
- borrow from financial institutions.

It communicates these measures to the Commissions of the
ECOWAS and UEMOA as well as the arguments that
motivate, one month before their implementation, unless
exceptional circumstances justify measures
urgently needed to preserve competition and the interests of
users. These measurements are then communicated without
deadline for the two Commissions.

Art. 71: Resources of the Authority of regulation
The resources of the Regulatory Authority are constituted
through:
-The royalties collected in application of the regulations
applicable;
- revenue from the provision of services;
-The proceeds of criminal fines;
- ESTABLISHED parafiscal taxes by the Finance Act
his profit;
- subsidies from the State, public bodies or
international;
- investment income from funds;
- loans granted by financial institutions
national and international.

to the completion of its tasks.

the Regulatory Authority takes the greatest possible account of
observations made by the ECOWAS Commissions and
of UEMOA on the planned measures,
2. In general, the provisions of domestic law
adopted in the fields governed by the additional acts
of ECOWAS relating to ICTs and by the
WAEMU relating to the communications sector
electronics are shared with the two Commissions.

has

CHAPTER XIII - PENAL PROVISIONS

Art. 72: Control of the accounts of the Authority of
regulation
The accounts of the Regulatory Authority are adopted by the

Art. 75: Networks and Services not authorized or not
declared

Executive Committee at the end of each fiscal year, after the
control report prepared by an auditor
appointed by the joint decision of the minister responsible for
Finance and the Minister for Communications
electronics.

1. Is punished by imprisonment for six (6) months a
two (2) years and a fine of fifty million (50,000,000)

to five hundred million (500,000,000) CFA Francs or one
of these two penalties only the fact:
a) to establish, cause to be established, operate or cause to be operated a
electronic communications network without the license
or authorization provided for in Articles 5 and 9 respectively
of this law, or to maintain it in violation of a
decision to suspend or withdraw this license;

to the approval of the two (02)

These accounts are subject
ministers who affect the outcome.

Art. 73: State services competition
the Regulatory Authority may appeal, with the agreement of the

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

b) to provide or cause to be provided to the public the service of

medium on a private line;

electronic communications , without the license or

c) uses the services obtained by means of the offenses referred to in

authorization or to maintain it in violation of a decision of

a) and b) above.

suspension or withdrawal of this license or authorization;
c) to establish, have and erect, exploit or have exploited

2. punishable ernprisonnernent of six (6) months
three (3) years and a fine of twenty five million

networks, facilities or equipernents terminals

to

(25,000,000)
two hundred and fifty million (250,000,000)
CFA francs, or one of these two penalties only, without

in

radio, without the authorization provided for
article 45 of
this law or in violation of a suspension decision

prejudice of damages and interests, any person who

QU withdrawal of this authorization;

fraudulently removes infrastructure from

electronic communications (cables, antennas, hatches,

d) to use a radio frequency without the authorization

etc.).

provided for in article 45 of this law or in violation
of a decision to suspend or withdraw this
authorization.

has

Art. 79: Amendments not litters it knowledge
of the Regulation Authority , and refusal of information

.

2. Is punished with a fine of five million (5,000,000)

has fifty million (50,000,000) CFA francs, Ie made
provide or cause to be provided communications services

a

1. Is punished with a fine of five million (5,000,000)
fifty million (50,000,000) CFA francs Anyone

electronically in violation of article 10 paragraph 2 of the present

will refrain from informing the Authority for the Regulation of

law or to maintain it in violation of a decision to suspend

changes made to the information set out in a

or stop.

license or authorization request.

Art. 76: Transmission not authorized

to three (3)
months and a fine of two million (2,000,000) to ten
million (10,000,000) CFA Francs or one of these two

a
two (2) years and a fine of ten million (10,000,000) has
one hundred million (100,000,000) CFA Francs, or one of

2. Is punished with imprisonment from one (1)

these two penalties only, whoever transmits, without a license

penalties whoever refuses to provide
the Authority
regulation the information required for the proper execution

Is punished by a term of imprisonment of two (2) months

to

or prior authorization, information or

of its missions, in particular within the framework of article 58 of

to

connections from one place
another, by means of everything
electronic communications equipment or installation.

this law, or will have voluntarily provided
incorrect information.

Art. 77: Equipment not approved

Art. 80: Confiscation

to

Is punished with a fine of two million (2,000,000)
eight
million (8,000,000) CFA Francs the fact of manufacturing for the

In the event of conviction for one of the foreseen offenses

rnarche interior, to import for consumption,

in Articles 75
79 and
court may further:

to detain for sale, distribute

to

to

a pro bono or

in Article 81 of this Law, the

a) pronounce the confiscation of terminal equipment and

expensive, to connect
a network open to the public or to
the advertisement of terminal equipment and

electronic communications facilities not

electronic communications without the

approved, equipment and installations constituting the network

articles 38 and following of the present law.

or allowing the provision of the service, equipernents which
served or were intended

Art. 78: Theft and fraud

to commit the offense;

b) order their destruction at the expense of the condarnne;
c) pronounce the ban on soliciting for a period of

a
three (3) years and a fine of two million (2,000,000) a
twenty million (20,000,000) CFA Francs, or one of
1. Is punishable by imprisonment for six (6) months

two (2) years at most a license, authorization or
approval in application of the provisions of this law.

these two penalties only, without prejudice to the damages

Section 2: Interruption and disruption of services

and interests, any person who fraudulently:
a) use facilities or obtain service from

Art. 81: Voluntary interruption of service

electronic communications;

a

a

1. Is punished by imprisonment for six (6) months

b) uses personal or not, a network of public
electronic communications or is connected by any

has

three (3) years and a fine of ten million (10,000,000)
one hundred million (100,000,000) CFA francs or one of these

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

two penalties only anyone, by breaking the cables,

23

Public Treasury and the Regulatory Authority.

by degradation of devices or by any other means,
willfully cause the interruption of

CHAPTER XIV: SECRET OF COMMUNICATIONS
ELECTRONICS

electronic communications or willfully obstruct
operation of facilities and services
electronic communications.

Section 1 re

2: Any contractual arrangement between two or more

Art. 88: Protection of communications secrecy
electrical.

operators, contrary
not written.

to the above provision are deemed to

:

Principles

The secrecy of electronic communications is guaranteed by the
present law. 'It can only be found within the limits

3. In the event of a voluntary or

strictly fixed by the present 101.

negligence, the operator victim of these acts can take
immediately all provisional measures, in agreement

Art. 89: Sanctions for breach of confidentiality
electronic communications .

with the Regulatory Authority, in order to put an end to the aforesaid
acts. II can claim to be a fixed DAMAGES
party or by the courts after expert opinion.

to

in

1. Any natural or legal person admitted
participate
the execution of an electronic communications service which
intercepts a private communication, or which, except in the cases provided for

Art. 82: Frequency disturbance
Is punished with a fine of two hundred thousand (200,000)
million (5,000,000) CFA francs anyone who disturbs

by this law, discloses, publishes or uses the content of said

to five

correspondence is punished in accordance with the provisions of

voluntarily, using a frequency, an installation

to

Penal Code relating
the interception and
private communications,

radio or by any other means, another service

has Listening to the

radioelectric,
2. punished with imprisonment from two (2) .months
two (2) years and a fine of five million (5,000,000)

Art. 83: False distress signals
Is punishable ernprisonnerrtent of two (2) months

has

two (2) years and a fine of five hundred thousand (500,000)
two million (2,000,000) CFA francs or one of these

has

CFA francs thirty million (30,000,000) CFA francs or
One of these two penalties only, any natural person

has

or legal entity which, by means of an electromagnetic device,

two sentences only, any person who knowingly

acoustic, mechanical or otherwise, intentionally intercepts a

transmits or puts into circulation by means of communications

private communication.

electronic, false information or distress calls or
deceptive.

Section 2: Exceptions to the prohibition of interception
electronic communications

Art. 84: Use of nurneros without attribution
Is punishable by a fine up to eqale
user fee, anyone who uses prefixes

Art. 90: Consent of the parties

has ten (10) times

Article 88 of this law does not apply to persons

or numbers or blocks of nurneros, without attribution

individuals or companies who have obtained the consent of

prior,

The author of the private communication or the person
its author destines it.

to whom

Art. 85: Complicated
Art. 91 : Judicial interceptions

to

Is punished by penalties identical
those of the author, any
natural or legal person convicted of pleading

In criminal matters and correction nal, when the necessities

in the commission of any of the offenses foreseen

judicial inquiries so require and if the penalty incurred is

in this law.

has

eqale or greater
two (2) years imprisonment, Iejuge
instruction may, by written decision and under its authority and
control, authorize the interception of communications or

Art. 86: Recurrence
In the event of a repeat offense, the penalties provided for in Articles 76
article 89 of this law are doubled.

in

to 85 and

electronic content,
The interception decision is not subject to appeal.
It must include the identification elements of the

Art. 87: Invoicing and distribution of the proceeds from fines

was

The fines provided for
as a punishment by the present law
are billed by the Regulatory Authority.
The proceeds of these fines are shared by half between the

intercepted communication and researched content,
The offense for which the interception
one, which can not be superior

was to be used and the length of

to four (4) months,

renewable under the conditions provided for

in paragraph 1 of this

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December 17, 2012

OFFICIAL DAY OF THE TOGOLESE REPUBLIC

article.

provision of all authorized authorities referred to in Articles

Minutes are drawn up, placed in the file, transcriptions

91 and 92 of this law.

resulting from these interceptions.

Art. 96: Application of the provisions of articles 91, 92,
Art. 92: Security interceptions
When the protection of the security of the State, of the security

94 and 95 of this law

nationa / e, public order, public health, morals

The Minister responsible for electronic communications watch
what all electronic communications operators

or freedoms, fundamental rights, safeguarding

public or private, cryptology service providers

essential elements of scientific and economic potential

and access and accommodation providers take the

of Togo demand it in particular in order to prevent and combat

measures necessary to ensure the application of

Terrorism, drug trafficking, money laundering,

provisions of articles 91, 92, 94 and 95 of this law.

has

organized crime and delinquency, cybercrime
and human trafficking, the Prime Minister, the Minister
in charge of the Economy and Finance, the Minister of
Defense: the Keeper of the Seals, Minister of Justice, the Minister
Security and Civil Protection, can trigger

Art. 97: Penal sanctions for the revelation of existence
or the content of judicial or security interceptions
and the lack of competition for the execution of a decision
interception

! interception of communications and electronic content.
The information collected allowing the prevention of crimes

1. Is punished by a term of imprisonment of two (2) months

and misdemeanors before their commission OR their prosecution if they have been

two (2) years and a fine of five million (5,000,000)
five hundred million (500,000,000) CFA francs or one of

carried out, can be transmitted to judicial self-judgment with a view to
the exercise of public action.

these two penalties only any natural or legal person

A decree defines the regulatory conditions of execution and
of control of these provisions.

Art. 93: Commission of security interceptions
It is hereby established, for the application of the provisions of Article
previous, a Security Interceptions Commission.
The Commission is composed of five (5) members. The duration
of their mandate is three (3) years renewable only once.

has

a

who, competing in the cases provided for by this Act has
the execution of an interception decision, reveal the existence
or the content of the judicial or security interception.
2. Is punished by a prison sentence of two (02) months

is two (02) years old and fined twenty million (20,000,000)
has two hundred million (200,000,000) francs CFAou of I'une
of these two penalties only any legal person operating
an electronic communications network or providing
electronic communications, cryptology services

Its composition and its organizational and

and accommodation and does not deviate from the requirements emanating from

operation are defined by regulation.

of the empowered authorities provided for in Articles 91 and 92 of the
present law.

Section 3: Obligations of communications operators
electronics, cryptology service providers
and access and accommodation providers
Art. 94: Requests from the authorities

CHAPTER XV- TRANSITIONAL PROVISIONS AND
FINALS

Art. 98: Expiry of anti-appeal rights

..

Electronic communications operators,
crypto service providers and suppliers

1. All operators and service providers in the sector

access and accommodation are required to meet the requirements

electronic communications including those who exercise

issued by the nabilltee authorities referred to in Articles 91 and 92

without authorization, must comply with the provisions of

of this law.

this Act within a period of six (6) months, has the date
entry into force. Otherwise, they are deemed to have renounced

Art. 95: Data retention

benefit of their authorizations.

Network operators, service providers
cryptology and access and hosting providers are

2. The rights and obligations of operators resulting from licenses

required to keep the content and data allowing

or authorizations and associated specifications are

The identification of anyone who has used their

maintained until the renewal of said licenses and

communication of which they are the service providers, to provide

permissions.

technical means allowing the identification of contributors
and hold for a period of one year this data

Art. 99: Repeal of previous texts

has the

All previous provisions contrary to the

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OFFICIAL JOURNAL OF THE TOGOLESE REPUBLIC

present law and in particular those of law n ° 98-005 of 11
February 1998 on telecommunications, article 30 of the law
~ of March 15, 1999 on postal services and those of
I'ordonnance 12 from 6 fevner 1974 PSU has ~ 16 c relating to
land and state land regime.

25

produced in Africa:
CONS IDERANT Ie strategic role played Ie agrioole sector in
the economies of Elats members a1imentation the population ella
• "reduction Ia environment pauwete rural;
AWARE that the promotion of a sustainable agriaJ / lure, permellanl

Art. 100: Execution

ensure Ia secume a1imenlaire etd'ameliorer Ie level of ~ our
populations 00cessite I'utilisation of 1DUIe substance as $ ociation

Lapreseote law will be executed as state law.

substances likely to achieve leis results •.

FaitaLome, December 17, 2012

CONVINCED that Ies pesticides could contribute to deve / oppeInent
of a sustainable agriaJ / lure in our " member states , with regard to

The president of the Republic

demonstrate their effectiveness in the ~ circles agriooles by Ie.monde;

AEER

AWARE of the need to promote and to
in the sub
region the conditions for agriculture supported by a

Faure Essozimna GNASSINGBE

regular supply of quality pesticides to the market

The Prime Minister

accessible to producers;

Kwesi Sehiagodji AHOOMEY-ZLINU

RECOGNIZING, however, that "the use of pesticides is
likely to present dangers for our populations as well
as for the environment in our member states:

RULES C / REG.3 / 05/2008 CONCERNING
HARMONIZATION OF THE GOVERNING RULES
REGISTRATION OF PESTICIDES IN SPACE
ECOWAS

DESIROUS of developing within ECOWAS an inter
States to allow the sale and "use of good pesficides

is

quality
through a hannonisation of rules governing I'homologation
pesticides in the ECOWAS region:
WELCOMING the active involvement and positive contribution of others

THE CONS ElL OF MINISTERS

sub-regional organizations. in particular CILSS and UEMOA, in
the preparation of this Regulation;

Having regard to articles 10, 11 and 12 of the ECOWAS Tralt, such as fines
establishing the Council of Ministers and defining its composition

ON RECOMMENDATION of the meeting of Ministers responsible for

and its functions;

Agriculture and Food of ECOWAS Member States - which

Having regard to the decision AlDEC.11 / 01/05 adopting the agricultural policy
of ECOWAS;

was held

in Ouagadougou on November 08, 2007;
EDICT:

Having regard to the decision C / DEC1 / 05/83 relating to programs
terms on the implementation of the regional development strategy

in the short and medium

agricultural;

Considering the decision AlDEC.5 / 5/82 relating
selected base and choice of production stations;

Considering Decision C / DEC.1 / 5/81 relating
common;

TITLE I: GENERAL PROVISIONS
CHAPTER 1- DEFINITIONS

to the production of seeds
to an agricultural policy

Article 1: Definitions
We hear by:

CONSIDERING the FAO International Code of Conduct on
distribution and use of Pesticides;
CONSIDERING the Rotterdam Convention on the procedure for

ECOWAS: the Economic Community of
West Africa.

to

prior informed consent applicable
certain
hazardous chemicals and pesticides that are subject to
international trade;
CONSIDERING the Stockholm Convention on Organic Pollutants

COAHP: West African Committee for the Homologation of
Pesticides which is responsible for evaluation and registration
pesticides in West Africa.

persistent;
CONSIDERING the Basel Convention on the restriction of movement
cross-border hazardous wastes and their disposal;
CONSIDERING the Bamako Convention on the prohibition
to import hazardous wastes and on the contrary to their
cross-border movement and management of hazardous waste

Applicator: any legal person who carries out
phytosanitary protection on its own behalf or for a third party
crops, processing of stored food,
I'assainissement local storage and materials of
agricultural products, sanitation of means of

