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Decree Of 8 March 2006 On The Prerogatives And Obligations Of The Owning As Well As The Principles Of Burden-Sharing On The Airfields For Joint Aviation Assignment Assigned Primarily To The Department Of Defence

Original Language Title: Arrêté du 8 mars 2006 relatif aux prérogatives et obligations des affectataires ainsi qu'aux principes de répartition des charges sur les aérodromes à affectation aéronautique mixte affectés à titre principal au ministère de la défense

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JORF No. 66 of 18 March 2006 Page 4102
Text No. 25



Decree of 8 March 2006 concerning the prerogatives and obligations of the protesters and the principles for the distribution of charges on mixed aviation-related airfields assigned as the main title To the Ministry of Defence

NOR: EQUA0500606A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/3/8/EQUA0500606A/jo/texte


The Minister of Defence and the Minister for Transport, Equipment, Tourism and the Sea,
Given the Civil Aviation Code, including its R. 211-2-2, R. 211-6, R. 211-7, R. 213-2, R. 223-2 and R. 232-1;
In the opinion of the Ministry of the Interior, Internal Security and Local Freedoms as of February 13, 2004;
In the opinion of the Higher Council of Infrastructure And Air Navigation as of April 30, 2004,
Stop:

  • Chapter I: General Provisions Item 1 Read more about this Article ...


    In application of Article R. 211-7 of the Civil Aviation Code, this Order defines the organisation and the conditions for the management of mixed aviation-assigned aerodromes principally assigned to the Ministry of Defence. To this end, it shall determine the prerogatives and obligations of the persons concerned and the arrangements for the distribution of the charges.

    Article 2 Read more about this Article ...


    The right-of-way of aerodromes referred to in section 1 above includes several areas of activity:
    -a civilian area, which includes a public area and a designated area as defined in section R. 213-2 The Civil Aviation Code. The civilian area can accommodate several occupants;
    -a military zone, within which a common area of activity is located, including the common movement areas and the main aids to navigation equipment
    In addition, on these aerodromes, zones classified as networks and sensitive points may be provided

  • Chapter II: Operation of the aerodrome Item 3 Learn more about this Article ...


    For the joint operation of the aerodrome, the works, installations and services for common use are those that are not reserved for the exclusive use of a particular assignment.
    I.-Except provisions Contrary to the Convention provided for in Article 10 below, shall be considered as works and installations for common use:
    -the areas of movement of the common industry and their environment;
    -road networks intended for use To the internal service sector;
    -air navigation aid facilities (radio and visual aids);
    -outlying installations relating to the security of the common industry Aerodrome;
    -works used by common-use services.
    II. -Except as otherwise provided for in the Convention provided for in Article 10 below, they shall be regarded as services for common use:
    -the air traffic services of the aerodrome as defined by the regulation of traffic Air:
    -the service responsible for the inspection of the movement area;
    -the weather service;
    -the service responsible for the safety, rescue and firefighting of aircraft;
    -the service responsible for The prevention of bird hazard;
    -services that contribute to the security of the aerodrome's common industry sector;
    -the electrical energy and fluid supply service for common use facilities;
    -services To maintain the above installations.

    Item 4 Learn more about this Article ...


    The director of the aerodrome is responsible for the direction and general administration of the aerodrome.
    I.-As the aerodrome management and, as appropriate, ensures or ensures the missions Pursuant to Article R. 211-7 of the Civil Aviation Code:
    1. The operation, management and maintenance of the aerodrome's common-use structures, facilities and services;
    2. Relations with the civil operator of the aerodrome, with respect to the activities mentioned in 1 above.
    Chairman of the local authority committee.
    It is responsible for relations with non-aeronautical authorities present or not On the aerodrome.
    It is the recipient of the decisions and instructions of the state administrations concerning the aerodrome.
    II. -Under the general administration of the aerodrome and as appropriate, it shall ensure or arrange for the following missions in accordance with Article R. 211-7 of the Civil Aviation Code:
    1. The technical study of the modifications to the planning documents of the preliminary draft mass plan and the general compositional plan as well as the noise exposure plan and the aeronautical servitudes plan;
    2. The application of the provisions of these documents;
    3. The study of plans and programmes relating to the aerodrome's air circulation system, in particular the delimitation of the airspace affected, the implementation of visual and radio aids of common use and the arrival procedures And departure from the aerodrome;
    4. The application of the rules and conditions of use of visual and radio aids specific to secondary workers;
    5. The application of regulations and instructions relating to the movement of persons and vehicles in the common industry;
    6. The application of environmental protection rules in the common industry.

    Article 5 Learn more about this Article ...


    The operators and, where applicable, the civil operator of the aerodrome, use the facilities for common use under the conditions laid down in the assignment order provided for in Article R. 211-6 of the Code Of civil aviation and by the regulations and operating procedures of the aerodrome established by the Director of the aerodrome.
    The operators and, where appropriate, the civil operator of the aerodrome, may develop facilities at Their exclusive use in their own area, subject to compliance with the general rules in force. The protesters may, after the opinion of the local commission of the protesters and agreement of the principal assignment, develop in the area of joint activity exclusive use installations.

    Article 6 Learn more about this Article ...


    The main member shall create on each aerodrome mentioned in Article 1 of this Order a local committee of the competent persons to decide on matters relating to the works, to the Facilities and common-use services at the aerodrome.


    I. -Role


    The Commission is consulted Any proposed changes to local regulations or guidelines, and more generally to any measure, including financial ones, that are of interest to one or more other persons.
    It provides an opinion on the multi-year investment program
    In the event of an emergency, it is notified at a later date of the actions taken.


    II. -Organization


    The commission is composed of representatives of the members who sit with deliberative voting.
    The representative of the civil operator of the aerodrome, if there is a seat with a consultative
    . Also participate in the proceedings, at the invitation of the Chairman of the Committee on the basis of the agenda and with a consultative vote, the users of the aerodrome and, where appropriate, the holders of a title of public
    . Meets at the initiative of one of the protesters and at least once a year.
    Any proposal that receives the agreement of the members of the committee shall be immediately applicable if it is the responsibility of the local authorities; otherwise, it shall be submitted to the Hierarchical authorities. In the absence of consensus, the dispute shall be settled between the respective authorities which may, where appropriate, enter the Higher Council for Infrastructure and Air Navigation.
    The arrangements for the organisation and operation of the Committee shall be determined by the rules of procedure adopted by all the members on a proposal from its President

  • Chapter III: Financial provisions Article 7 Read more about this article ...


    I. -Operating expenses include:
    -staff costs;
    -operating expenses for services;
    -maintenance and maintenance expenses Installations.
    II. -Expenses relating to the carrying out of works, buildings and facilities.
    III. -This Chapter does not apply to the expenditure on the investment and operation of air navigation services.

    Article 8 Learn more about this Article ...


    I. -Each assignment shall cover its resources or, in the case of the Ministry responsible for civil aviation, shall cover by the civil operator of the aerodrome the investment expenditure and Operation of works, facilities and services for its exclusive use, as described in section 5.
    II. -The annual capital and operating expenditure budgets for common-use facilities and services are the subject of a joint decision by the administrations concerned after the opinion of the local committee of the members.

    Item 9 Learn more about this Article ...


    The distribution principles between the protestors and, where applicable, the aerodrome civilian operator of the financing of the expenses relating to the common-use facilities and services listed below, As well as the rules for the repayment of the respective participation of the parties to the expenditure shall be the subject of the Convention provided for in Article 10
    . Capital and operating expenses on common-use facilities; and
    2. Investment and operating expenses:
    -the service responsible for the safety, rescue and firefighting of aircraft;
    -the service responsible for the prevention of bird peril;
    -services to the Security of the aerodrome's common area of activity;
    -the service responsible for the inspection of the movement area;
    -the weather assistance service;
    -the service responsible for the maintenance of visual aids;
    -related to Measures taken in the context of environmental controls;
    3. Operating expenses related to:
    -aircraft movements;
    -the use of various common-use facilities and tools, including the use of track vehicles, towing, snow removal, ice-breaking, etc. Scanning, electrical energy and fluids


Done at Paris, March 8, 2006.


The Minister of Transport, Equipment,

for Tourism and the Sea,

For the Minister and by delegation:

By preventing The

General Manager for Civil Aviation:

The general engineer for bridges and pavements,

P. -Y. Bissauge

The Minister of Defence,

For the Minister and delegation:

The general secretary

for administration,

C.
Piot


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