Key Benefits:
The Prime Minister,
On the report of the Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of Economy, Finance and Industry,
Considering the Civil Aviation Code;
The State Council (section of public works) heard,
Decrete:
In article R. 252-3 of the Civil Aviation Code, the words: "French nationality" are replaced by the words: "nationals of a Member State of the European Union".
A second paragraph is added to article R. 252-4 of the Civil Aviation Code:
"When the board of directors examines a contract that may be entered into with a business in which a member of the board of directors holds a direct or indirect personal interest, or when it decides on the issue of a temporary occupation authorization from the public domain to such a business, the administrator concerned shall not participate in the deliberation. If the board of directors authorizes the transfer of the contract or grants the authorization, the administrator concerned shall defecate his or her interests in the undertaking under review, unless authorized to retain them under the conditions set out in the first paragraph. »
Section R. 252-9 of the Civil Aviation Code is replaced by the following provisions:
"Art. R. 252-9. - The Board of Directors establishes its rules of procedure. »
Article R. 252-10 of the Civil Aviation Code is amended as follows:
I. - In the first paragraph, the word "8" is replaced by the word "six";
II. - In the third paragraph, the words "named or elected in the same college" are deleted;
III. - In the fifth paragraph, the last sentence is deleted;
IV. - In the sixth paragraph, the reference to Article 378 of the Criminal Code is replaced by the reference to Articles 226-13 and 226-14 of the Criminal Code;
V. - In the seventh preambular paragraph, the words "at the steering committee meetings and" and the words "of the administrative account or" are deleted.
In the second paragraph of Article R. 252-11 of the Civil Aviation Code, the words: "with an extract of minutes of the discussion" are deleted.
Section R. 252-12 of the Civil Aviation Code is replaced by sections R. 252-12 to R. 252-12-4 as follows:
"Art. R. 252-12. - The board of directors defines the general policy of Airports of Paris.
"He has the initiative of the necessary measures to create the resources to cover the administrative and operating expenses of Airports de Paris. It prepares an annual report on these measures and transmits it to the Minister for Civil Aviation.
"He gives the Minister for Civil Aviation his opinion on all matters related to the various public services and directly relevant to the operation.
"He gives his opinion or presents his proposals to the Minister for Civil Aviation on the distribution of air carriers between the various airfields operated by Aéroports de Paris. It sets out the principles for the allocation of air carriers in the aerodrome terminals and decides on that assignment.
"He shall submit to the Minister for Civil Aviation his proposals concerning the conditions for the establishment and collection of royalties referred to in section R. 224-2 and shall set the rate of such royalties under the conditions set out in the same section. It sets out the terms and conditions of establishment and collection as well as the rates of royalties referred to in R. 224-3 under the conditions provided for in this section.
"He presents to the Minister for Civil Aviation and to the Minister for Economics and Finance his proposals concerning financial participation, public service delegations' conventions and the creation of subsidiaries.
"He adopts the statement of revenue and expenditure forecasts and the financial accounts and submits these documents to the approval of the Minister for Civil Aviation and the Minister for Economy and Finance.
"It sets out major projects of works and facilities and defines the multi-year investment program.
"It takes all necessary measures to realize the loans issued by Aéroports de Paris.
"Art. R. 252-12-1. - The board of directors shall carry out all judicial actions both in demand and in defence.
"It is authorized to transfer under the conditions set out in articles 2044 et seq. of the Civil Code.
"He passes all acts, contracts, treaties and markets. It may grant guarantees, bonds and swallows.
"Art. R. 252-12-2. - The board of directors appoints management jobs.
"He sets out the plan for the organization and operation of the services of Airports in Paris other than those insured under the authority of the Minister for Civil Aviation.
"He sets out the statutes of staff other than State personnel referred to in R. 252-19 as well as its salary scales, salaries and allowances that are approved by joint decision of the Minister for Civil Aviation and the Minister for Economics and Finance.
"Art. R. 252-12-3. - The board of directors shall decide to make available to the users, under the scheme of temporary occupation of the public domain, the lands, works and facilities of Airports of Paris and shall set the corresponding royalties.
"It also decides on the issue of titles of occupation of the public domain referred to in the third paragraph of Article R. 253-5.
"Art. R. 252-12-4. - With the exception of those referred to in R. 252-18, the board of directors may delegate a portion of its powers to its president. It may authorize the Director-General to subdelegate the powers so delegated to the Director-General and, with the agreement of the Director-General, to directors and executives.
"Deliberation specifies in which subjects and under what conditions the holders of the delegations mentioned in the first paragraph may delegate their signature for the exercise of their delegated or subdelegated responsibilities. »
Section R. 252-14 of the Civil Aviation Code is repealed.
Article R. 252-18 of the Civil Aviation Code is amended as follows:
I. - The second preambular paragraph is replaced by the following:
"He receives permanent delegation within the limits set by the Board of Directors for contracting and contracting and transactions in case of litigation. »
II. - In the third paragraph, the words "By General Delegation of Council and" are deleted and the reference to section R. 252-12 is replaced by the reference to section R. 252-12-2.
III. - After the fourth preambular paragraph, a sub-item reads as follows:
"With the exception of the State staff referred to in Article R. 252-19, he sets the staffing tables by general categories; it sets salary, wages and allowances for scales approved by the Board of Directors and sets out the progress tables. »
IV. - The last paragraph is replaced by the following:
"For the purpose of carrying out the tasks set out in this section, the Director General may delegate a portion of his or her duties or signature to directors and executives. It sets out the conditions under which the holders of those delegations may subdelegate their signature to the executives. »
Article R. 252-19 of the Civil Aviation Code is amended as follows:
I. - In the first paragraph, the words: "in the airport area" are replaced by the words: "in the aerodromes operated by Paris Airports and their outbuildings";
II. - In the second paragraph, the words: "within the limits of the airport district" are replaced by the words: "in the aerodromes operated by Paris Airports" and the words: "from the airport" are replaced by the word "airport".
Article R. 252-21 of the Civil Aviation Code is amended as follows:
I. - The first paragraph is replaced by the following:
"A general inspector appointed by the Minister for Civil Aviation shall verify the operation of the services of Paris Airports. »
II. - The fourth preambular paragraph is replaced by the following:
"He prepares, on the subjects determined by the Minister for Civil Aviation, a report to report on the situation of Paris Airports. »
III. - The fifth paragraph is deleted.
The third paragraph of section R. 253-1 of the Civil Aviation Code is replaced by the following:
"A section of capital transactions. For the latter section, all chapters on investment expenditures are forecast. In the course of the year, when the execution of expenses requires it, transfers of chapter to chapter may be decided by the Director General after notice of the State Controller. »
Section R. 253-4 of the Civil Aviation Code is replaced by the following:
"Art. R. 253-4. - The rules applicable to Paris Airports for contracting are those applicable to public institutions with an industrial and commercial character.
"The Board of Directors shall, in accordance with these rules, establish the conditions for procurement, enforcement and control of contracts and contracts. »
Article R. 254-1 of the Civil Aviation Code is amended as follows:
I. - In the first paragraph, the words "of the Paris region" are replaced by the words "of the Ile-de-France region";
II. - The second paragraph is replaced by the following:
"In particular, it must be reserved the land necessary for the base of the airports of Paris and their possible extension. »
Sections R. 252-4, R. 252-11, R. 252-17, R. 252-18 and R. 252-21 of the Civil Aviation Code are amended as follows:
I. - At R. 252-4, the words: "the airport" are replaced by the words: "Paris Airports";
II. - In article R. 252-11, in the fourth paragraph of article R. 252-17, in the penultimate paragraph of article R. 252-18 and in the third paragraph of article R. 252-21, the words "of the airport" are replaced by the words "of Paris Airports".
The Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, and the Secretary of State for Transport and the Sea are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 17, 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Equipment, Transportation,
housing, tourism and the sea,
Gilles de Robien
Minister of Economy,
finance and industry,
Francis Mer
State Secretary for Transport
and the sea,
Dominic Bussereau
