Key Benefits:
National Assembly and Senate adopted,
Seen decision of Constitutional Council n ° 2005-513 of 14 April 2005 ;
The President of the Republic promulgates the following law:
The public institution Aéroports de Paris is Converted to an anonymous company. This transformation does not create a new legal person or consequence on the legal regime to which personnel are subjected.
With the exception of those necessary for the exercise by the State or its public establishments of their public service tasks concurrent to the airport activity and whose list is determined by Order in Council of State, public property of the public domain of the public institution Aéroports de Paris and those in the public domain of the State which have been given to it in staffing or that it is authorised to occupy are decommissioned on the date of its conversion to Company. They are attributed to this same date in full ownership at the company Aéroports de Paris. The public domain assets of the public institution Aéroports de Paris which are not decommissioned shall be awarded to the State. An agreement with the State determines the remaining amounts due to Aéroports de Paris as a result of the investments made by the public institution on the assets taken up by the State and lays down the details of their repayment. The financial implications of signing this agreement are set out in the next financial law.
The works owned by Aéroports de Paris and assigned to the airport public service are public works.
I. -The company Aéroports de Paris and the State conclude a convention which provides for the conditions under which, at the close of the public air traffic of all or part of an aerodrome operated by it, Aéroports de Paris shall pay to the State at least 70 % of the difference between, on the one hand, the venal value at that date of the buildings situated in the grounds of that aerodrome which are no longer affected by the airport public service and, on the other hand, the value of those buildings on the date on which they Have been allocated pursuant to section 2, plus the costs associated with the restoration and closure of the airport facilities. This agreement, which determines the terms and conditions for calculating and remitting this amount, is concluded for at least seventy years.
II. -The amount paid pursuant to the I by Aéroports de Paris is deductible from the corporate tax base.
III. -The State shall retain all of the capital of the Paris Airports Company as long as the agreement under the I has not been concluded.
Subject to the provisions of section 2, all property, rights, obligations, contracts, contracts, agreements and authorizations of any kind in the public institution Aéroports de Paris, in France and outside France, are allocated from Full right and without formality at the company Aéroports de Paris. This allocation shall not affect such property, rights, obligations, contracts, agreements and authorisations and shall not, in particular, entail any modification of the contracts and agreements in progress concluded by Aéroports de Paris or the companies Which are related to it within the meaning of Articles L. 233-1 to L. 233-4 of the trade code, or their termination, or, where appropriate, the early repayment of the debts which are the object thereof. Temporary occupation agreements in the public domain shall remain subject to the previous regime applicable to the decommissioning of the goods concerned. The conversion into an anonymous company shall not affect the administrative acts taken by the public institution in respect of third parties.
I. -The statutes of the company Aéroports de Paris and the transitional arrangements for its management until the installation of the various bodies provided for in the statutes are fixed by decree in the Council of State. They are modified according to the rules applicable to public limited-liability companies. Unless otherwise provided in the statutes, the general direction of the company shall be provided by the chairman of its board of
. -The initial capital of the company is wholly owned by the state. The accounts of the last fiscal year of the public institution Aéroports de Paris before its conversion as a result of Article 1 are approved under the conditions of common law by the general meeting of the company Aéroports de Paris. The balance sheet as at 31 December 2005 of Aeroports de Paris is based on the balance sheet as at 31 December 2004 of the public institution Aéroports de Paris and the profit and loss account for the financial year 2005.
III. -Notwithstanding the transformation of Aéroports de Paris into an anonymous company, the administrators elected pursuant to the 3 ° of Article 5 of Law No. 83-675 of 26 July 1983 on the democratization of the public sector remain in office until the end Of their mandate and in accordance with the conditions laid down by the said Act. Until that date, the staff of the board of directors of the company Aéroports de Paris shall remain fixed at twenty-one members and the number of representatives of each of the categories defined at 1 °, 2 ° and 3 ° of Article 5 of Law No. 83-675 of 26 July 1983 is fixed at seven.
IV. -The provisions of Article L. 225-24 of the Commercial Code shall apply in the event of a vacancy of directors appointed by the General Assembly.
The transformation of Aéroports de Paris into a company shall not affect the mandate of its Commissioners The
paragraph of Article L. 228-39 of the Commercial Code does not apply to Aéroports de Paris during the financial years 2005 and 2006.
Articles L. 251-1 to L. 251-3 of the Civil Aviation Code read as follows:
" Art. L. 251-1. -The Paris Airports Company is governed by this Code, by the provisions of Title I of Act No. 2005-357 of 20 April 2005 concerning airports and, unless otherwise provided by law, by the laws applicable to public limited-liability companies. The name of the company, as set out in the Articles of Agreement, may be amended under the conditions laid down in Article L. 225-96 of the Commercial
. The majority of its capital is owned by the state.
" Art. L. 251-2. -Aéroports de Paris is responsible for the development, operation and development of the Paris-Charles-de-Gaulle aerodromes, Paris-Orly, Paris-Le Bourget, as well as the civil aerodromes in the Ile-de-France region whose list is fixed By Order in Council. It may engage in any other activity, airport or non-airport, under the conditions laid down in its
. Aéroports de Paris provides airport services on the above mentioned aerodromes adapted to the needs of air carriers, other aircraft operators, passengers and the public and coordinates, on each aerodrome It exploits, the actions of the various stakeholders.
" A specification approved by decree in the Council of State lays down the conditions under which the Paris Airports Company provides the public services connected with the operation of the aerodromes referred to in the first subparagraph and carries out, under the authority of the Holders of the police power, the administrative police missions incumbent upon him.
" This specification also defines the terms:
" -according to which Aéroports de Paris provides for the distribution of air carriers, by decisions constituting administrative acts, between the different aerodromes and between the terminals of the same aerodrome;
' -the Paris Aeroports competition for the exercise of air navigation services provided by the State;
" -State control of compliance with the obligations incumbent on the company in respect of its public service tasks, in particular by the access of the agents of the State to the accounting and financial data of the company;
" -access by the staff of the State and its public institutions as well as persons acting on their behalf to the whole of the company's airport domain for the performance of their missions;
" -State control of the contracts by which Aéroports de Paris delegates to third parties the performance of some of the tasks mentioned in the third paragraph.
" This specification determines the administrative sanctions that may be imposed on Aéroports de Paris in the event of failure to comply with its obligations.
" The administrative authority may, in particular, impose a financial penalty, the amount of which is proportionate to the seriousness of the infringement, the extent of the damage and the benefits derived from it, without exceeding 0.1 % of the turnover Excluding tax for the last fiscal year of Aeroports de Paris, increased to 0.2 % in case of a new breach of the same obligation.
" Art. L. 251-3. -Where a work or field belonging to Aéroports de Paris and situated in the airport domain is necessary for the proper execution by the company of its public service tasks or the development thereof, the State shall object to its assignment, to Its contribution, in any form, to the creation of a security right in that work or field, or suborders the assignment, the making of the contribution or the creation of the security on the condition that it is not liable to prejudice the The performance of those missions.
" The specifications for Aéroports de Paris lays down the rules for the application of the first paragraph, in particular the categories of goods in question.
" Any act of assignment, contribution or creation of a security right shall be null and void without the State having been placed to oppose it, in violation of its opposition or in disregard of the conditions attached to the conduct of the operation
The goods referred to in the first subparagraph shall not be seized and the commercial lease regime shall not be applicable to them.
I. -The provisions of this Article shall apply to civil aerodromes of the State of national or international interest, the management of which is granted to a Chamber of Commerce and Industry and which are listed by an order in Council of State
II. -At the request of each Chamber of Commerce and Industry concerned, the Administrative Authority may authorise the assignment or contribution of the airport concession to a company whose initial capital is wholly owned by persons Public, including the Chamber of Commerce and Industry holding the assigned concession. By way of derogation from Articles L. 2253-1, L. 3231-6, L. 4211-1 and L. 5111-4 of the General Code of Local and Regional Authorities, interested territorial authorities and their groups may take stakes in that society. An amendment to the concession contract shall, where appropriate, the new term of the concession without the extension exceeding 40 years, as well as the counterparties, at a minimum in terms of investment and quality of service objectives, On which the airport company undertakes. In addition, this endorsement shall bring the contract into conformity with the provisions of a standard specifications approved by the decree provided for in this Article.
The second to fifth paragraphs of Article 38 and the second to fourth paragraphs of Article 40 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures shall not apply to transactions carried out under the provisions of this II
III. -Public officials assigned to the transferred grant shall be made available to the company for a period of ten years. An agreement between the former and the new operator shall determine the conditions of this provision and in particular those of the latter of the corresponding salary costs.
For the duration of this Provision, each officer may at any time request that he be offered by the new operator a contract of employment. The conclusion of this contract then takes off the executives. At the end of the period provided for in the first subparagraph, the new operator shall propose to each of the public officials a contract of employment, the conclusion of which shall entail the cancellation of the framework. Public officials who refuse to sign this contract shall be reinstated in full right within the Chamber of Commerce and Industry concerned.
The provisions of Article L. 122-12 of the Labour Code shall apply to contracts of employment of the Private employees of the chambers of commerce and industry assigned to the grant transferred, in progress on the date of the transfer of the grant, which subsist with the new
. -Within three years of the promulgation of this Law, the social partners shall negotiate a national collective agreement applicable to the staff of operators of commercial aerodromes not covered by Article L. 251-2 Civil Aviation Code
Title II of Book II of the Code of Civil Aviation is supplemented by a Chapter VIII as follows:
"Chapter VIII
" Commission Airport advisory
" Art. L. 228-1. -The Airport Advisory Board shall be placed with the Minister responsible for civil aviation who shall consult it in the preparation of the contracts referred to in Article II of Article L. 224-2, in particular on investment programmes, objectives Quality of service and the evolution of the fees for services rendered. It shall deliver a reasoned opinion within one month of the
. It may also, at the request of the Minister, issue opinions on any matter relating to the economy of the airport
. The notices issued by the commission are made public.
" It shall, on its own initiative or at its request, hear the operators of aerodromes, air carriers, their professional organisations and any other legal entity that it considers competent or
. Art. L. 228-2. -I.-The Airport Advisory Board comprises seven members appointed for a term of five years
II. -It consists of:
" -a person designated by the President of the National Assembly;
" -a person designated by the President of the Senate;
" -a member or former member of the Council of State designated by the Vice-President of the Council of State;
" -a member or former member of the Court of Auditors designated by the first President of the Court of Auditors;
-three persons selected by the Minister responsible for civil aviation and by the Minister responsible for the economy on account of their competence in the field of air transport and civil aviation, at least one of which is a specialist in the economy of the Air transport.
" III. -The chairman shall be chosen by the minister responsible for civil aviation in the
. Its voice is preponderant in the case of voice sharing.
" IV. -The terms of reference of the members of the committee shall be renewable once. "
After Article L. 224-1 of the Civil Aviation Code, a Article L. 224-2 reads as follows:
" Art. L. 224-2. -I.-Airport public services shall give rise to the collection of charges for services laid down in accordance with the provisions of the second subparagraph of Article L. 410-2 of the Commercial
. The amount of the royalties takes into account the remuneration of the capital invested. It may take into account expenses, including future expenses, related to the construction of new infrastructure or facilities before they are put into service.
" It may, for reasons of general interest, be subject to limited arrangements to reduce or compensate for damage to the environment, to improve the use of infrastructures, to promote the creation of new links or to respond to Imperatives of continuity and spatial planning.
" The overall product of these charges may not exceed the cost of services rendered on the
. II. -For Aéroports de Paris and for the operators of civil aerodromes belonging to the State, multi-annual contracts of up to five years with the State determine the conditions for the evolution of the airport charges rates, Which take into account, in particular, the forecasts of costs, revenue, investment and quality objectives of public services provided by the aerodrome operator. These contracts are incorporated into the aerodrome concession contracts concluded by the State.
" In the absence of a multi-annual contract determining the conditions for the evolution of the rates of airport charges, these rates shall be determined on an annual basis under conditions laid down by
. III. -An order in the Council of State shall lay down the rules for the application of this Article, in particular the categories of aerodromes which fall within the scope of this Article, the rules on the field, the basis and the terms of the charges, the principles and the rules governing the The fixing of their tariffs, as well as the administrative penalties liable to be imposed on the operator in the event of failure to comply with its obligations in the
. The administrative authority may impose a financial penalty, the amount of which is proportionate to the gravity of the breach and the benefits derived from it, without being able to exceed 1 % of the turnover excluding tax for the last financial year ended Operator. "
After Article L. 224-1 of the Civil Aviation Code, a Article L. 224-3 reads as follows:
" Art. L. 224-3. -Subject, for those of non-State aerodromes, of the agreement of the signatory of the agreement provided for in Article L. 221-1, the operator of an aerodrome established in the public domain may collect public royalties from the Third parties authorised to occupy or use the field considered beyond the limits of the airport public services referred to in Article L. 224-2 and the right of use which belongs to all. Such royalties may take into account the benefits of any kind provided to the occupant or the beneficiary of the estate. The rates of such charges may be fixed by the aerodrome operator, subject to the agreement of the signatory of the abovementioned Convention for non-state aerodromes. "
In the penultimate subparagraph of Article L. 227-4 of the Civil Aviation Code, the amount: 12,000 " Is replaced by the amount: " EUR 20 000 '.
After Article L. 123-3 of the Civil Aviation Code, a Article L. 123-4 shall be inserted. :
" Art. L. 123-4. -In the case of non-payment or insufficient payment of the airport charges, the road fee, the air traffic terminal fee or the administrative fines imposed by the Supervisory Authority Airport noise, the aerodrome operator or the administrative authority of the competent State may, after having placed the person liable to regularise his situation, request the precautionary seizure of an aircraft operated by the airport operator. Liable to the judge of the place of performance of the measure.
" The order of the execution judge shall be forwarded to the air traffic authority of the aerodrome for the purpose of immobilization of the aircraft. The order shall be notified to the person liable and to the owner of the aircraft where the person liable is the operator
The cost of the seizure shall be borne by the person liable.
" The payment of the sums due shall result in the release of the provisional seizure. "
After Article L. 213-2 of the Civil Aviation Code, an Article L. 213-2-1 reads as follows:
" Art. L. 213-2-1. -The civil and military agents of the State as well as the staff of undertakings acting on behalf of and under the control of the administration and empowered to that effect by the administrative authority verify that the undertakings or bodies Installed on aerodromes shall comply with the preventive measures for the safety of air transport and security. For this purpose, they have access at any time to the premises and grounds for professional use. "
Title I of Book II of the Civil Aviation Code is supplemented by a Chapter VI worded as follows:
"Chapter VI
" Ground Handling Services
" Art. L. 216-1. -On aerodromes whose traffic exceeds a threshold established by decree in the Council of State, groundhandling services shall be provided by air carriers, aerodrome operators and undertakings authorised for that purpose. The same decree specifies the conditions imposed on them and the conditions under which the administration may limit their number.
Articles L. 251-4 to L. 251-6 and L. 252-1 of the Civil Aviation Code shall be repealed. The second paragraph of Article L. 282-6 and the second paragraph of Article L. 282-7 of the Code are deleted.
Under Court decisions, decisions, agreements, contracts and contracts entered into or entered into by the public institution Aéroports de Paris before January 1, 2003, as they Be challenged by the means that they would have been taken or entered into without the benefit of a regularly given and published delegation.
All operations resulting from the application of Title I shall, subject to the application of the conventions provided for in Articles 2 and 3, be made free of charge and shall not result in the payment of any Tax, remuneration, salary or honorary for the benefit of the State, its agents or any other public person.
Annex III to Act No. 83-675 of 26 July 1983 is supplemented by a paragraph worded as follows:
" Companies concessionaires at major regional airports created pursuant to Article 7 of Act No. 2005-357 of 20 April 2005 on airports. "
I. -The extension of the concessions of the companies provided for in Article 7 of Article 7 constitutes an exceptional change in the situation of these companies within the meaning of Article L. 123-17 of the Commercial Code. Depreciation depreciation, recorded on the opening balance sheet of the year opened on 1 January of the year of entry into force of the amendment to the concession contract mentioned in the same II, shall take into account, in retrospect, for each Of these companies, the new duration of the tenure of which it holds.
II. -The resumption of the depreciation amortisation shall be attached to the taxable profits at the rate at which the corresponding fixed assets of the concession are amortized.
When the capital of the Paris Airports Company is wholly owned by the State, the provisions of Article L. 225-40 of the Commercial Code shall not apply to the Agreements concluded between the State and that company pursuant to Articles 2 and 3 of this Law, as well as to multiannual contracts concluded pursuant to Article L. 224-2 of the Civil Aviation Code.
The provisions of Title I and those of Articles 15 and 17 shall enter into force on the date of publication of the decree in the Council of State provided for in the Section 5 and, at the latest, on December 31, 2005.
This Act will be enforced as the law of the State
Done at Paris, April 20, 2005.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
Seals, Minister of Justice,
Dominique Perben
The Minister Economics,
Finance and Industry,
Thierry Breton
The Minister of Equipment, Transport,
Spatial Planning,
for Tourism and the Sea,
Gilles de Robien
Le Minister of the Public Service
et de la réforme de l' Etat,
Renaud Dutreil
The Minister of Small and Medium Enterprises,
of Commerce, Handicrafts,
of the Professional
and the Consumption,
Christian Jacob
Associate Minister for Budget
and Budget Reform,
Government Spokesperson,
Jean-François Copé
The Secretary of State for Transport
and to the Mer,
François Goulard
(1) Act No. 2005-357.
-Preparatory work:
Senate:
Bill 452 (2003-2004);
Report by Mr. Jean-François Le Grand, On behalf of the Committee on Economic Affairs, No. 49 (2004-2005);
Opinion of Mr Yvon Collin, on behalf of the Committee on Finance, No. 54 (2004-2005);
Discussion and adoption on 9 November 2004.
National Assembly:
Draft law, adopted by the Senate, No. 1914;
Report by François-Michel Gonnot, on behalf of the Committee on Economic Affairs, No. 2045;
Opinion of Mr Charles de Courson, on behalf of the Committee on Finance, No. 2055;
Discussion on 9 and 10 March 2005 and adoption on 15 March 2005.
Senate:
Bill, as amended by the National Assembly, No. 249 (2004-2005);
Report by Mr Jean-François Le Grand, on behalf of the Committee on Business Economic, No. 261 (2004-2005);
Discussion and adoption on 31 March 2005.
-Constitutional Council:
Decision No. 2005-513 DC of 14 April 2005, published in the Official Journal of the day.
