"Section 1

" General

" Art. R. 224-1. -On aerodromes open to public air traffic and on aerodromes referred to in Articles R. 231-1 and R. 232-2, the airport public services giving rise to the collection of charges pursuant to Article L. 224-2 shall be Services to aircraft operators and their service providers on the occasion of the use of land, infrastructure, facilities, premises and airport equipment provided by the aerodrome operator, to the extent that This use is directly necessary on the aerodrome to the operation of the Aircraft or air transport service.
" These services cannot give rise to the perception of other sums in any form.
" Art. R. 224-2. -The following provisions apply to aerodromes whose average annual traffic over the past three years has exceeded 100 000 passengers:
" 1 ° Royalties include:
" -the landing fee, corresponding to the use, by aircraft of more than six tonnes, of the airport infrastructure and equipment necessary for landing, take-off, traffic on the ground and, where appropriate, the services Complementary, such as buoyage, flight information and visual aids; the charges for this fee are based on the maximum certificated take-off weight of the aircraft;
" -the parking charge, corresponding to the use, by aircraft of more than six tonnes, of the parking facilities and equipment, as well as, where appropriate, to complementary services such as walkways, electrical energy The charges shall be based on the duration of the parking lot, the characteristics of the aircraft and, where applicable, those of the parking lot;
" -the charge per passenger, corresponding to the use of the facilities provided for the reception of passengers and the public, and, where appropriate, to the additional services, such as the provision of check-in counters and As well as baggage screening facilities. The basis of this levy is the number of passengers on board. At the same aerodrome, the fare applicable to the same class of passengers is the same for all terminals. However, for air terminals placed in service after 1 August 2005, differentiated tariffs may be set according to the investment and operating costs associated with those terminals and the quality of service;
" -the charge for the use of fixed installations for the distribution of aviation fuels; the basis for this levy, which shall be payable by the operators of those installations, shall be the volume of fuel distributed
Additional services may, at the option of the operator, be attached to any of the charges listed above.
" 2. Incidental charges may be introduced by the person referred to in section R. 224-3.
" They may in particular correspond to the additional services mentioned in 1 ° above, if they are not already covered by the royalties mentioned therein, to the provision of technical premises, water treatment facilities And storage areas, as well as the use of facilities required for the landing, take-off and parking of aircraft of six tonnes and less.
" The terms and conditions of ancillary fees may be fixed by contract when they correspond to services of a particular nature which are rendered only to certain users.
" 3 ° The operators of the aerodromes referred to in the first subparagraph shall maintain an accounting of their services to identify the costs relating to each of the categories of charges referred to in this
. The other conditions for the establishment and collection of charges shall be specified, as appropriate, by joint order of the Ministers responsible for civil aviation and the economy
Art. R. 224-2-1. -I.-May be taken into account for the determination of the charges, in addition to the expenditure corresponding to investments already made, the expenditure incurred for the construction of infrastructure or of airport
. II. -Where their importance justifies it, it may also be taken into account for the determination of charges, under conditions laid down by the Ministers responsible for civil aviation and the economy, of future expenditure related to the Construction of certain infrastructures or installations whose work is expected to start within a maximum period of five years.
" The person responsible for setting the charges for the charges first identifies the operation, specifies its estimated cost, the programming of the corresponding work and the maturity of the commissioning. It carries out a study on the estimated economic impact of such a tariff mechanism for users and for the aerodrome
Art. R. 224-2-2. -The limited modulations provided for in Article L. 224-2 shall be determined in objective, transparent and non-discriminatory conditions. The amplitude and, where appropriate, the duration of application of such arrangements shall be proportionate to the general interest objective to which they respond. These modulations can be:
" -to reduce or compensate for damage to the environment; in this case, the landing fee may be subject to modulation according to the time of day and the performance of aircraft in acoustic or emission-related matters Gaseous;
" -to improve the use of infrastructure; in this case, the charges may be subject to temporary arrangements according to the period of the day, the week or the year in which the service is rendered, the categories of traffic, the Characteristics of the use of the infrastructures and installations or the situation thereof; the charges may also be subject to a temporary reduction for aircraft operators whose volume or development of all or part thereof Traffic exceeds certain thresholds or is the subject of contractual commitments On their part;
" -to encourage the creation of new routes; in this case, the charges may be subject to a temporary reduction for air carriers who operate new routes departing from the aerodrome and whose catchment areas are Departure and arrival do not coincide with those of another existing airline;
" -to meet the requirements of continuity and spatial planning; in this case, the tariffs of the charges may be reduced for links with the overseas departments and communities as well as for the links Subject to public service obligations within the meaning of Council Regulation (EEC) No 2408/92 of 23 July 1992 on the access of Community air carriers to intra-Community air
. Prior to the introduction of a new modulation or a substantial change to an existing modulation, the person responsible for setting the charges for the charges shall specify the objective of the general interest sought, set the period Application of modulation, defines the monitoring indicators corresponding to this objective and assesses the estimated impact of these models on the conditions of use of the aerodrome.
" Art. R. 224-3. -I.-For the aerodromes referred to in Article L. 251-2 and the aerodromes belonging to the State, the charges shall be fixed by the operator in accordance with the conditions laid down in this Article and Articles R. 224-4 to R. 224-4-3. For other aerodromes, the signatory to the agreement provided for in Article L. 221-1 may, in accordance with the conditions set out in this Article and in Article R. 224-5, fix such tariffs themselves, or charge the operator of the aerodrome, in the same manner. Conditions.
" II. -Without prejudice to the provisions of paragraph III of Article R. 224-4, a consultation of the users referred to in the first paragraph of Article R. 224-1 shall be initiated at least four months before the entry into force of new tariff conditions. It shall be carried out within the framework of the Economic Advisory Commission for the aerodrome, where it is endowed.
" III. -aerodromes whose average annual traffic over the past three years has exceeded 200,000 passengers, or who have hosted, during this same period, at least two air carriers representing an average of 50,000 passengers per year each, are equipped An economic advisory committee, including representatives of the operator, aeronautical users and representatives of professional air transport organisations; the number of representatives of the latter two categories shall be Less equal to the operator's representatives. With the exception of aerodromes referred to in Article L. 251-2, the Director of the territorially competent civil aviation authority shall be invited, as an observer, to the meetings of that
. The same commission may be common to several nearby aerodromes with the same operator.
" The Commission shall be established by the signatory of the Convention provided for in Article L. 221-1 or by the State for the aerodromes belonging to it and the aerodromes referred to in Article L. 251-2. The members of the committee shall be appointed and the rules of procedure shall be approved under the same conditions
The Commission shall be convened at least once a year to provide an opinion on the arrangements for the establishment and application of the fees for services referred to in Article R. 224-1, and on the programmes, on the aerodrome in question. Of aerodrome investments. It may be consulted on any matter relating to the services provided by the aerodrome
. The meetings of the committee shall result in the establishment of a
. IV. -The information referred to in the last paragraph of Article R. 224-2-1 and Article R. 224-2-2 shall be brought to the attention of the users in the context of the consultations provided for in II of this Article
V.-Without prejudice to the provisions of Articles R. 224-4, R. 224-4-1 and R. 224-5, the tariffs of the charges shall be made public by the aerodrome operator and shall be enforceable as soon as possible, with the exception of the rates fixed by contract in the Conditions of the third paragraph of Article R. 224-2, one month after this publication.
" Art. R. 224-3-1. -The tariffs of the charges shall be fixed taking into account the forecasts for the evolution of passenger and freight traffic on the aerodrome or aerodromes considered as well as the following elements:
" -the objectives of the evolution of the charges, taking into account, in particular, the evolution of the quality of services provided to users and of the productivity of the operator;
" -revenue evolution forecasts;
" -investment programmes and their financing.
" The profits from the activities of the operator other than the services referred to in R. 224-1.
may also be taken into account. The aerodrome operator shall receive, taking into account these factors, a fair remuneration for the capital invested, assessed in the light of the weighted average cost of its capital
A joint decree of the Ministers responsible for civil aviation and the economy shall specify the conditions for the application of this Article, in particular for the definition of the scope of activities and services taken into account.

" Section 2

"Terms Applicable to Aerodromes of the
and Paris Airports

" Art. R. 224-4. -I.-The contracts provided for in Article L. 224-2 shall be concluded between the State, represented by the Ministers responsible for civil aviation and the economy, and the operator of the aerodrome or aerodromes concerned. They determine:
" -those of the royalties referred to in Article R. 224-1 whose terms and conditions of change are the subject of the contract; these shall necessarily include the royalties referred to in Article R. 224-2 and the main ancillary charges, to The exception of those whose tariff conditions are fixed by contract in the terms of Article R. 224-2;
" -the successive tariff periods, of a duration not exceeding one year, in which the aforementioned royalties are established in the framework of the contract; the expected dates for the entry into force of the changes in the tariffs of the fees Above correspond to the beginning of each of these periods;
" -the average rate of evolution of these royalties for each tariff period;
" -the adjustment of this ceiling in the event of a discrepancy with the forecast elements taken into account in the field of traffic and investment and in the event of the introduction of new
. These contracts shall provide for the conditions under which the proportionate nature of the charges shall be verified against the corresponding
. These contracts shall also determine, as appropriate, the limits to the amplitude and duration of the modulations referred to in Article R. 224-2-2.
" They set the quality of service objectives with financial incentives.
" They also specify the amount of investment and major equipment operations planned.
" They shall provide for the conditions for their revision or early termination at the request of the Ministers and following the assent of the Airport Advisory Committee, in particular where exceptional and unforeseeable circumstances affect the Estimates taken into account in the field of traffic and investment, to such a degree as to result in a change in the economy of the
. They may provide that the royalties are collected, at the aerodromes of Aéroports de Paris, by the third parties to whom that company has delegated the performance of certain of its missions pursuant to the ninth paragraph of Article L. 251-2
A joint ministerial order shall specify, as appropriate, the conditions for the application of this paragraph
II. -The development of such contracts includes the following phases:
" (a) The operator shall make public a file relating to the scope of activities referred to in R. 224-3-1, which includes, inter alia:
" -a review of the implementation of the current multi-annual contract or, where such a contract has not been concluded, a study describing developments in traffic, airport capacity, nature and quality of services in previous years As well as economic and financial elements relating to the above mentioned perimeter;
" -a presentation of the operator's assumptions for the future contract, in particular as regards the evolution of traffic on the aerodrome or the aerodromes it operates, the evolution of airport capacity, investment programmes and, the case Of the pre-financing of these services, the adequacy of public services to the needs of users, the quality of those services, the evolution of the tariffs of charges and, where appropriate, the modulations of those services;
' -an assessment of the economic and financial impact of these assumptions and, where appropriate, alternative hypotheses;
" The contents of this file shall be specified, as appropriate, by order of Ministers responsible for civil aviation and the economy;
" (b) Within one month of the publication of this dossier, which may be extended by 15 days by decision of the Ministers responsible for civil aviation and the economy, users and other interested parties shall submit comments to The same ministers, who communicate them to the aerodrome operator;
" (c) The Minister responsible for civil aviation shall refer the matter to the Airport Advisory Committee referred to in Article L. 228-1; the opinion of the Committee shall be made public by the Minister;
" (d) On the basis of the above, the contract is negotiated between the State and the aerodrome operator;
" As part of the preparation of contracts, the aerodrome operator shall forward to the Ministers responsible for civil aviation and the economy and to the chairman of the airport advisory committee, at their request, any element to assess The above-mentioned economic and financial impact. In the event that financial instruments issued by the operator are admitted to negotiations on a regulated market and where such assessment elements constitute privileged information within the meaning of Article 621-1 of the General Regulation of the Authority Financial markets, they cannot be disclosed to third parties;
" (e) Once concluded, the contract shall be made public
III. -Where a contract has been concluded, the operator shall engage the users at least three months before the start of each tariff
. It shall notify the tariffs of the charges referred to in Article R. 224-2 other than those referred to in the second paragraph of 2 °, and, where appropriate, the modulations thereof, by registered letter with notice of receipt and at least two months before the beginning Of each tariff period, to the Ministers responsible for civil aviation and the economy. This notification shall be accompanied by the opinion of the Aerodrome Economic Advisory Committee, which shall be used to verify compliance with the contract and the information referred to in Article R. 224-3
The tariffs of the charges and, where appropriate, their modulations shall be deemed to be registered and shall become enforceable for the tariff period under the conditions set out in the V of Article R. 224-3 unless the Ministers responsible for aviation In the case of failure to comply with the general rules applicable to the royalties or the terms of the contract.
" Art. R. 224-4-1. -I.-In the absence of a contract, the operator shall notify, by registered letter with notice of receipt, and at least four months before the beginning of each annual period, the tariffs of the royalties referred to in Article R. 224-2 other than those mentioned In the third subparagraph of 2 ° and, where appropriate, their modulations, for approval by the Ministers responsible for civil aviation and the economy. This notification shall be accompanied by the elements referred to in Article R. 224-3-1 and Article R. 224-2 and in the opinion of the Economic Advisory Commission of the aerodrome
The tariffs of the royalties and, where appropriate, their modulations shall be deemed to be registered and shall become enforceable under the conditions set out in Article R. 224-3, unless the Ministers responsible for civil aviation and the economy do so. Joint opposition within one month of receiving the notification.
" II. -The operator may, within one month following the opposition and without further consultation of the users, notify the Ministers responsible for civil aviation and the economy, by registered letter with notice of receipt, of new royalty rates and, If any, new modulations of these.
" Such tariffs and, where appropriate, such arrangements shall then be deemed to be registered and shall become enforceable under the conditions set out in the V of Article R. 224-3 unless the Ministers responsible for civil aviation and the economy jointly do so Opposition within 15 days of receiving notification.
" In the latter case, or in the absence of one of the notifications provided for in this Article, the tariffs previously in force shall remain applicable
III. -Where, however, in accordance with the preceding paragraph, the tariffs of the charges have remained unchanged for two consecutive years, the Ministers responsible for civil aviation and the economy may, by joint order and at least forty-five Days before the beginning of the annual period concerned, fix the average rate of evolution of the charges and, where appropriate, supervise the modulations. The operator shall, as a result, fix the tariffs of the royalties and their modulations, which shall become enforceable under the conditions set out in the V of Article R. 224-3
Art. R. 224-4-2. -On reasoned request submitted by at least one third of the members of the Economic Advisory Commission of an aerodrome whose changes in the rate of charges are determined by a contract provided for in Article L. 224-2, the Minister responsible for Civil aviation may, for the purposes of its opinion, refer the airport advisory board in the event of disputes between the aerodrome operator and its users on the charging policy for charges.
" The Minister may also refer the matter to the Commission, when a contract has been concluded pursuant to Article L. 224-2, on compliance with the provisions of the contract or on the circumstances that may justify its review or early termination.
" Art. R. 224-4-3. -The application by an aerodrome operator of unapproved charges under the conditions of Articles R. 224-4 or R. 224-4-1 shall be subject to a financial penalty, imposed by the Minister responsible for civil aviation after notice of the Airport Advisory Committee, the amount of which is equal to 120 % of the difference between the annual turnover resulting from the tariffs charged by the operator and the approved tariffs, without being able to exceed 1 % of the turnover excluding tax The last fiscal year of the operator.
" The same sanction, imposed after the opinion of the Airport Advisory Board, shall be imposed on the operator not to comply with the provisions of the Order referred to in the last paragraph of R. 224-4-1.
" For the purposes of the two preceding paragraphs, the Airport Advisory Board shall hear the comments of the operator.

"Section 3

" Applicable Provisions At other aerodromes

" Art. R. 224-5. -The tariffs of the charges referred to in Article R. 224-2 and, where appropriate, their modulations, shall be notified by the person responsible for their fixation to the State representative in the department at least two months before their entry into Vigor. This notification, communicated by registered letter with notice of receipt, shall be accompanied by the opinion of the Economic Advisory Committee or, failing that, the account of the consultation of users, as well as the information referred to in the IV Article R. 224-3. "