Key Benefits:
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Having regard to Council Regulation (EEC) No. 95/93 of 18 January 1993 establishing common rules with regard to the allocation of time slots at Community airports;
Having regard to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules for the compensation and assistance of passengers in the event of refusal of boarding and cancellation or significant delay of a flight, and repealing Regulation (EEC) No 295/91;
Having regard to Directive 2004/18/EC of the European Parliament and the Council of 31 March 2004 on the coordination of procedures for the procurement of public works, supplies and services;
Vu le Civil codeincluding article 1382;
Vu le Trade codeincluding article L. 233-3;
Considering the code of the state domain, including its article R. 57-4;
Considering the environmental code, including articles L. 221-6, L. 571-15, L. 572-2 and L. 572-6;
Vu le General Tax Codein particular articles 1609 quatervicies and 1609 quatervicies A and article 210-II of its annex 2;
Vu le monetary and financial codeincluding articles L. 313-23 to L. 313-28 and L. 515-15 and following;
Considering the Transportation Code (Legislative Party), including Book III of Part VI, together with the Civil Aviation Code (regulatory part), including Book II;
Vu le Labour codeincluding article L. 1224-1;
Considering the urban planning code, including its article L. 147-3;
Vu la Act No. 78-12 of 4 January 1978 relative to liability and insurance in the field of construction;
Vu la Act No. 93-122 of 29 January 1993 amended on the prevention of corruption and transparency of economic life and public procedures, including articles 38 and 40;
Vu la Act No. 2002-276 of 27 February 2002 relating to community democracy, including article 155;
Vu la Act No. 2009-1503 of 8 December 2009 relating to the organization and regulation of railway transport and carrying various provisions relating to transport, including Article 52;
See?Order No. 2005-649 of 6 June 2005 relating to procurement by certain public or private persons not subject to the public procurement code, including article 29;
Vu le Decree No. 93-471 of 24 March 1993 modified to implementArticle 38 of Act No. 93-122 of 29 January 1993 concerning public service delegations;
Vu le Decree No. 2007-69 of 19 January 2007 taken for application to the new aerodrome intended to serve the Great West provisions of Article 155 of Act No. 2002-276 of 27 February 2002 relating to community democracy;
In view of the decree of 9 February 2008 declaring public utility the work necessary for the realization of the airport project for the Great West - Notre-Dame-des-Landes and its road service and taking approval of the new provisions of the local plans for urban planning of the communes of Fay-de-Bretagne, Grandchamp-des-Fontaines, Notre-Dame-des-Landes, Treillières, Vigneux-de-Bretagne
The State Council (section of public works) heard,
Decrete:
Approved:
1° The concession agreement between the State and the concessionary company Aéroports du Grand Ouest carrying, on the one hand, for the aerodrome of Notre-Dame-des-Landes, on the design, financing, acquisitions of land, construction, commissioning as well as on the implementation of the agri-environmental management plan, the right of deadline and the measures of territorial accompaniment (imations and restorations of roads)
2° The terms of reference, including its annexes.
A copy of the concession contract, the terms of reference and its annexes is annexed to this Order (1).
The publication fees in the Official Journal of the French Republic and the printing of this decree, the concession contract and the annexed specifications are borne by the concessionaire company Aéroports du Grand Ouest.
For the purposes of section R. 224-2-1 of the Civil Aviation Code, the aerodromes of Notre-Dame-des-Landes and Nantes-Atlantique are considered to form a single aerodrome.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesperson of the Government, and the Secretary of State to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible, each in the matter of the decree published, for the execution of the French Republic
Done on 29 December 2010.
CAHIER DES CHARGES RELATIF À LA CONCESSION DES AÉRODROMES DE NOTRE-DAME-DES-LANDES, NANTES-ATLANTIQUE ET SAINT-NAZAIRE - MONTOIR
TITLE I. – OBJET, NATURE AND FEATURES
Article 1. - Purpose of the concession
Article 1.A. ― Identification of the concessionaire
Article 1.B. ― Follow-up to the concession
Article 2. ― Assiette of the concession
Article 3. ― Real rights to the concessionaire
Article 4. – Contracts or commitments entered into prior to the entry into force of the concession and staff regime
PART II. ― SPECIAL PROVISIONS FOR THE IMPLEMENTATION OF OUR-DAME-DES-LAND ARODROME
Article 4.A. ― General principles
Article 4.B. ― Land acquisitions
Article 4.C. ― Real rights on the NDDL aerodrome
Article 4.D. ― NDDL aerodrome start-up schedule
Article 4.E. ― Technical specifications of the work
Article 4.F. ― Rights conferred and obligations imposed on the concessionaire
Article 4.G. ― Control of the execution of design, study and work operations
Article 4.H. ― Procedures for Completion of NDDL Aerodrome
Article 4.I. ∙ Implementation of the right of neglect
Article 4.J. ― Waterfront Sounding Program
Article 4.K. ― Procedures related to the date of commissioning of the NDDL aerodrome
Article 4.L. ― Installations made available to State services
Article 4.M ― Financial Provisions
Article 4.N. ― NDDL aerodrome designation
Article 4.O. ― Intellectual property on architectural work
PART III. – GENERAL FRAMEWORK FOR EXPLOITATION
Article 5. ― Operator quality and general operating principles
Article 6. ― Coordination and information sharing
Article 7. • Opening to air traffic
Article 8. ― Air Navigation Services
Article 9. ― Operating Consignes and Opening Hours
Article 10. – Contracts for certain concessionaire missions to third parties
Article 11. – Legal acts of the concessionaire
Article 12. ― Deliverance of acts constituting real rights
PART IV. ― EXPLOITATION MODALITIES
CHAPTER I. services to air carriers and other aircraft operators
Article 13. ― Allocation of air carriers
Article 14. ― Allocation of airport facilities and equipment to users
Article 15. ― Operating premises
Article 16. ― Stopover assistance
Article 17. ― Operation of aeronautical areas
Article 18. ― Presentation of medium- and long-term perspectives
CHAPTER II. ― Services rendered to other businesses
Article 19. Access
Article 20. ― Stopover assistance companies
Article 21. – Cargo and Post Companies
Article 22. ― Public transport operators
CHAPTER III. Services to passengers and the public
Article 23. ― Access and air traffic
Article 24. ― Reception of certain categories of passengers
Article 25. ― Health Services
Article 26. ― Passenger and Public Information
Article 27. ― Passenger Investigations
Article 28. – Important debts
CHAPTER IV. ∙ Participation in administrative police missions
Article 29. ― State services information on operational disruptions
Article 30. ― Activity authorizations in airport controls
Article 31. - Specific safety provisions
Article 32. ― Application of the regulation on stopover assistance
Article 33. ― Control of the application of regulations on time slots
Article 34. ― Control of the application of operating restrictions
Rule 35. ― Application of regulations on servitudes
Article 36. ― Aerodrome Operations Police
Article 37. – Conservation police
Article 38. General Security
Article 39. - Application of health regulations
CHAPTER V. ― Conditions for the exercise of State missions and public institutions
Article 40. access to state-owned facilities and public facilities
Article 41. Access to airport facilities
Article 42. ― Air Navigation Service Provider
Article 43. ― State services in charge of urban planning, construction and environmental protection
Article 44. ― Weather-France
Article 45. – Border Control and Public Security Administrations
Article 46. Foreign Affairs
Article 47. ― Other State Administrations
Rule 48. ― Conditions of occupancy of other premises and parking lots
Article 49. ― Removal of certain land
Article 50. ― Relief plans
CHAPTER VI. ― Quality of service
Article 51. • Quality Improvement and Control
Article 52. • Quality measurement
Article 53. ― Claims and User Observations
TITRE V. ― INSERTION IN ENVIRONMENT
Article 54. ― Environmental Certification
Article 55. Public information on environmental impacts
Article 56. ― Mutual information of concessionaire and air carriers
Article 57. - Application of environmental regulations
PART VI. ∙ PROVISIONS RELATING TO TERRAINS AND INFRASTRUCTURE
Article 58. ― Development of aerodromes and easement plans
Article 59. – Investments imposed by the Minister for Civil Aviation
Article 60. ― Workplan
Article 61. ― Investment files
Article 62. ― Dealer contracts
Article 63. ― Occupation of real property
Article 64. ― Equipment not related to airport public service
Article 65. ― Rights and obligations of the concessionaire with respect to public utility
Article 66. ― Airport infrastructure capacity
PART VII. ― FINANCIAL REGIME
Article 67. ― Concession resources
Article 68. – Governmental redevance and return to better fortune
Article 69. ― Taxes and Taxes
Article 70. ― Bank guarantees
Article 71. ― Comptability of concededed activities
Article 72. • Analytical accounting
Article 73. ― Insurance obligation
Article 74. – Imprevision, force majeure and new regulations
PART VIII. ― FUND INFORMATION AND CONTROL MODALITIES
Article 75. ― Information to be provided
Article 76. ― Management control procedure
PART IX. ∙ MEASURES CONSERVATIVES AND FINANCIAL PENALITIES
Article 77. – Penalties
Article 78. ― Conservation measures in construction and operation phase
TITRE X. ― EXPIRATION OF CONTRAT
Article 79. ― Duration of the concession
Article 80. ― Waiver of the concession
Article 81. – Termination and redemption of the concession
Article 82. due
Article 83. – Resuming property
Article 84. – Resuming the concessionaire’s legal commitments
Article 85. ― Settlement of Concession Accounts
Article 86. - Specific provisions relating to value added tax
PART XI. OTHER PROVISIONS
Article 87. ― Late interests
Article 88. - Secondary airfields
Article 89. – Policy for Professional Inclusion
Article 90. • Free information
Article 91. ― Termination of the concession
Article 92. ― Landscape Clause
Article 93. ― Election of domicile
Article 94. - Conciliation
Article 95. Judgment of disputes
Article 96. ― Publication, printing and registration fees
Article 97. ― Prioritization of Parts
Article 1
Purpose of the concession
I. ― The concession carries:
On the one hand, with regard to the Notre-Dame-des-Landes aerodrome ("DDL"), on the design, financing, land acquisitions, construction, implementation and implementation of the agro-environmental management plan, the right of neglect and territorial support measures (improvements and restorations of road traffic) planned;
On the other hand, with regard to the aerodromes of Nantes-Atlantique ("NA"), Saint-Nazaire - Montoir ("SN") and Notre-Dame-des-Landes, on the realization, development, renewal, maintenance, operation and promotion of land, structures, installations, equipment, networks and services.
For NA and SN, this concession takes effect as early as 1 January 2011.
The concessionaire shall, under the terms of this specifications and in accordance with the provisions of common law relating to any airfield operator and the provisions specifically applicable to the operation of the aerodromes mentioned above.
It provides an airport service that meets the needs of air carriers, other aircraft operators, administrations and businesses that are required for air transportation, passengers and the public. It shall take the necessary steps to ensure, with respect to the missions it is responsible for, the implementation of the principle of continuity of this service, if necessary in collaboration with the State services and the public establishment Meteor France. It ensures that its partners apply the same principle.
The concessionaire ensures the development and development of the aerodromes it has load in a manner consistent with the requirements of air transportation and its current and future needs. He made the necessary investments to that end.
II. ― The concessionaire shall carry out all activities relating to the concession at its expense, risks and risks in accordance with the provisions of this Agreement and the terms of reference annexed.
Protocols to specify certain technical enforcement measures for the concession are concluded, where appropriate, between the concessionaire and, as appropriate, the Civil Aviation Director or the Air Navigation Service Provider.
Article 1.A
Dealer identification
I. ― The concessionaire is constituted in the form of a dedicated company, of French law, whose social object is strictly limited to the execution of the concession. A commitment to the stability of the shareholding is contained in annex 1.
The concessionaire shall give the grantor a true copy of its statutes and the covenant governing the relations between its shareholders within ten (10) days of the entry into force of the concession contract. It shall communicate any changes to the statutes within two months of the amendment.
II. ― Any modification of the social object of the concessionaire as described in its statutes and any taking of participation in a third company requires the prior approval of the State.
III. ― The shareholders of the ad hoc corporation undertake, within the framework of the present, to:
- comply with the provisions of Schedule 1 on the commitment to the distribution and stability of the shareholding of the concessionaire;
∙ comply with the provisions of Annexes 14 and 15 on financial guarantees and guarantees of shareholders.
Article 1.B
Follow-up to the concession
It is established a Concession Monitoring Committee involving local partner communities.
Article 2
Assiette of the concession
I. ― Furniture or immovables made available to the concessionaire by the State and those acquired or realized by the concessionaire consist of goods of return, recovery and property of each of the sites entrusted to the concessionaire.
They are defined as follows:
(a) Goods returned:
All properties financed by the concessionaire with the resources of the concession or made available by the State are property of return.
They are composed:
― of all furniture and real estates made available to the concessionaire by the State;
- any land, structures, buildings, facilities, networks and intellectual property rights that are necessary or useful for the operation of the concession, made or acquired by the concessionaire;
– movable property necessary for the operation of the concession, made or acquired by the concessionaire.
Subject to the provisions of Article 3, these properties belong to the State as they are acquired or realized, and are incorporated in parallel to the domain of the State. However, the movable property necessary for the operation, acquired by the concessionaire, becomes property of the State only at the end of the latter.
At the end of the concession and without prejudice to Article 4.K (II), they must return to the State under the conditions provided, as the case may be, in Articles 81, 82 (VIII) and 83 of the present terms of reference.
(b) Recovery properties:
They consist of assets acquired or realized by the concessionaire with other resources than those of the concession and which are, however, considered useful to the operation of the service.
These assets are, if any, taken over by the State at the end of the concession at its request and under the conditions provided for in article 83 of this terms of reference, if the State considers that they may be useful to the exploitation of the concession. These properties belong to the concessionaire as long as the state has not used its right to recovery.
(c) Clean property:
They consist of assets not funded by the concession's resources and are not encumbered by any return or recovery clause. Clean goods are freely closed by the concessionaire at the price it freely determines.
They belong in full ownership to the delegate within the limits set by the federal law. At the end of the concession, the grantor has no obligation to return these assets.
II. ― Under the conditions defined by this terms of reference, the State shall hand over to the concessionaire the land and works in its possession which are necessary for the realization of the object of the concession defined in Article 1. The concessionaire accepts the goods brought by the State in the state in which they are located, except as a 10-year and biennial guarantee and subject to hidden defects.
The concessionaire deals with the acquisition of other land necessary for the establishment and development of airports.
The initial inventory of property, classified by site in the three categories listed in I, is shown in Appendix 2. This schedule is updated following an adversarial finding, within a maximum period of six (6) months from the entry into force of the concession contract.
Appendix 3 contains the descriptive statements of land and all plans for delimitation, including a boundary and a cadastral plan. This schedule is updated following an adversarial finding, within a maximum period of six (6) months from the entry into force of the concession contract.
The return goods initially made available to the concessionaire are the subject of a notice of availability by site, arranged contradictoryly between the State and the concessionaire, at the expense of the concessionaire, within a maximum period of six (6) months from the date of entry into force of the contract. By these minutes, the concessionaire acknowledges that it has a perfect knowledge of the goods that are made available to it and renounces any claim to the State in this regard.
III. ― Investments were planned on the NA airport prior to the date of entry into force of the concession contract, i.e. a parking of thousand squares for two (2) million euros HT and the strengthening of the access to the runway for compliance CHEA for one million six hundred thousand (1,600,000) euros HT. Their funding lies with the previous delegate. In the event of a failure of the latter, the grantor shall bear the difference between the cost provided above and the payments made by the previous delegate as determined on the date of the inventory of the assets updated under the conditions set out in II. The subsidy under section 4.M (b) is adjusted accordingly. The concessionaire deals with the realization of the works. It bears any cost exceeding the amounts mentioned above.
IV. ― The concessionaire shall communicate to the Minister for Civil Aviation, within six months of the closing of each fiscal year the updated list, for each airport, of the return and recovery assets referred to in I and their value (acquisition value, net book value at the end of the fiscal year, forecast net values at the end of the contract with and without any depreciation of the Site, or, for the property of the Site
All plans, reports of expertise and documents deemed necessary by the State for the identification of property are annexed thereto. They are at the dealer's expense.
With respect to land, the documents referred to in II are subject to an update at the dealer's expense to each land transfer and are communicated to the Minister for Civil Aviation.
The Minister for Civil Aviation and the concessionaire agree on the classification of property in return, recovery and clean property. If there is no agreement, the distribution of these three categories is determined by the Minister for Civil Aviation.
V. ― The concessionaire may, subject to the powers conferred by law on State services, after expressly authorized by the Minister for Civil Aviation, dispose of the return goods that would no longer be necessary for the concession, with the exception of the goods of NA and those of the public domain. The proceeds of these assignments are assigned to the concession.
Article 3
Real rights to the concessionaire
The concession gives rise to the creation of real rights under the conditions provided by the general code of ownership of public persons and the code of the domain of the State. The following assets may not be subject, in whole or in part, to a real right only by a specific decision of the Minister for Civil Aviation: runways, taxiways and parking areas for aircraft, aeroplanes for passengers and other facilities directly necessary, on the aerodrome, to the operation of aircraft.
In any case, the actual rights attached to the concession may not be such as to interfere with the performance of the public service or to have a period exceeding the term of the concession.
Article 4
Contracts or commitments entered into prior to entry
the concession and staff regime
I. ― At the entry into force of the concession, the concessionaire is substituted for the previous delegator in the exercise of the rights and obligations of the concessionaire with respect to persons who would be contracted, subcontracted, leased, authorized or permitted to occupy the elements of the concession. However, in accordance with applicable competition rules, the concessionaire is free, upon the arrival of the term of these contracts, to organize a consultation to select the most economically advantageous offers.
The concessionaire is also responsible for all technical, administrative and financial responsibilities arising from the commitments mentioned in the preceding paragraph for the State.
The list of these commitments is annexed to this Terms of Reference (annex 4). This Schedule will be updated within a maximum period of six (6) months from the entry into force of the contract.
II. — Staff regime:
The nominative list of agents employed by the Nantes Chamber of Commerce and Industry who hold the concession for the construction, maintenance and operation of the aerodromes of Nantes-Atlantique and Saint-Nazaire - Montoir and assigned to that concession on the date of its expiry is notified to the concessionaire on the day of the signing of this agreement. Where applicable, this list distinguishes public and private law officers.
TheArticle L. 1224-1 of the Labour Code applies to private law officers. For these agents, the transfer of contracts shall be effected no later than the date of commencement of operation of NA and SN by the concessionaire.
Public Law Officers shall be made available to the licensee of this contract under the terms and conditions set out in theArticle 52 of Act No. 2009-1503 of 8 December 2009. The public service agreement is included in Annex 5.
III. ― Effective from the entry into force of the concession and subject to the provisions of the third paragraph below, the concessionaire is the beneficiary of the proceeds of the airport tax and, where applicable, of the increase of the airport tax assigned to the coverage of the missions carried out, pursuant to sections L. 6332-3 and L. 6341-2 of the Transportation Code, on the airports of NA and SN.
Within four (4) months of the expiration of the previous concession, the licensee shall prepare, for each of the NA and SN aerodromes, a financial balance of the missions referred to in sections L. 6332-3 and L. 6341-2 of the Transport Code, as of 31 December 2010. This balance sheet describes the funding balance of these missions and the non-earmarked value of the investments calculated once deducted from the linear allocation to depreciation. The State has a two-month period upon receipt of these balances to validate this financing balance and the value of the investments and to agree with the previous delegate the final closing balances.
If the financing balance of the SN airport is negative, the State shall reimburse it to the previous delegate within three months of the final closing balance, by assignment of the increase of the airport tax provided for at the time of the final closing balance.article 1609 quatervicies of the General Tax Code.
If the financing balance of the NA airport is negative, the concessionaire must compensate the previous delegator for a period of three (3) months from the date on which the latter receives the State certificate validating the balance.
The financing balance of the NA airport validated by the state is, for the application of thearticle 1609 quatervicies of the General Tax Codethe concessionaire's financing situation at the entry into force of the concession.
The unamortized value of the investments made at NA and SN airports as part of the missions referred to in sections L. 6332-3 and L. 6341-2 of the Transportation Code, once deducted the financing balances if positive, is the subject of annual repayments to the previous delegate by the concessionaire at the rate of linear amortizations of the year, adjusted to the financial cost calculated by the application The interest rate is determined by the average, over the year prior to the reporting year of the commissioning, of the ten-year constant exchange rates (CTA10), published daily by the Treasury.
Article 4.A
General principles
The concessionaire ensures the design and execution of all studies and work on the NDDL aerodrome in accordance with this specifications.
The concessionaire assumes, at its own expense, risks and risks, all the charges and prerogatives related to its quality of workmaster.
The concessionaire is responsible for all steps to enable the competent authorities to issue concession authorizations in a timely manner and therefore bears the corresponding risks alone.
The grantor shall diligently investigate applications for authorization under its jurisdiction, based on complete records transmitted by the concessionaire.
The concessionaire shall transmit to the supervisory authority copies of the requests it has made and the responses of the authorities concerned.
By exception, the concessionaire will not be held liable in the event of delay in obtaining an administrative authorization, in the event of a refusal to issue an administrative authorization or appeal against an administrative authorization obtained, if it justifies that such events are not in fact. In this case, on the initiative of the concessionaire, the parties agree to assess the existence of harmful consequences for the concessionaire and, where appropriate, limit the adverse consequences for the concessionaire of any of the above-mentioned events.
For the performance of the work, the concessionaire deals with all site constraints, including soil and basement risks. The concessionaire also makes its neighbourhood risk business.
The concessionaire may contract subcontracting for the execution of the work.
Article 4.B
Land acquisitions
The control of the NDDL aerodrome, as provided on the effective date of the concession, is shown in Appendix 6.
The concessionaire acquires the corresponding lands and buildings in such a way that the right of ownership is constituted by 9 February 2018.
Parcels within the limits of airport and road control and intended for the realization of the territorial accompanying program are identified at the stage of the survey. They can be acquired in their entirety by one of the two owners, acting as the case may be for their own account or on behalf of the other owner.
Except for friendly acquisitions, the concessionaire is responsible for expropriation operations on behalf of the State. The concessionaire makes its best efforts to amicably acquire the land necessary for the realization of the territorial support program located outside the scope of the public utility declaration of 9 February 2008.
The concessionaire will not be held liable for delays or difficulties in the implementation of the acquisitions to which it is responsible as long as it justifies that these delays or difficulties are not in fact. In these assumptions, on the initiative of the concessionaire, the parties agree to assess the existence of harmful consequences for the concessionaire and, where appropriate, limit the adverse consequences of any of the above-mentioned events.
The terms and conditions for the acquisition and remission of land belonging to the Loire-Atlantique department are the subject of a convention between the State and the department, which is annexed in Annex 7.
Article 4.C
Real rights on the NDDL aerodrome
The concessionaire enjoys, under the conditions provided for by the general code of ownership of public persons and the code of the domain of the State, real rights over the works of the concession, except for the goods listed in article 3 for which the benefit of real rights is subject to an express decision of the minister responsible for civil aviation.
Article 4.D
NDDL aerodrome start-up schedule
I. ― The commissioning of NDDL for the benefit of all users intervenes:
1° be at the expiry of a period of eighty-one (81) months after the entry into force of this contract;
2° Either at a later date fixed by mutual agreement between the parties, if they meet for this purpose before the end of a period of three years and six months from the entry into force of the concession contract;
3° Either on another date fixed by the grantor without being able to exceed by more than twelve (12) months the date provided for in 1 above, if the concessionaire so requests before the term of a period of three years and six months from the entry into force of the concession contract.
In the latter case, the concessionaire declares, prior to the initial anticipated date of closure of the funding contracts as provided for in section 4.M, a deferral of the date of commissioning of LDSS as provided for in 1 of this section. The concessionaire accompanies a statement of the reasons for the deferral application.
During the period of the deferral of the date of NDDL's commissioning pursuant to 3 of this section, the royalty paid by the concessionaire pursuant to II of section 68 is increased to 12% of the annual turnover (excluding taxes and non-missions referred to in sections L. 6332-3 and L. 6341-2 of the Transportation Code) of NA and SN airports.
In all cases, the concessionaire shall inform the grantor of its intention to carry out the commissioning of LDS, three months before the effective date it envisages for this operation. The parties, in consultation with all interested third parties, including the air navigation service provider, stop the effective date of commissioning by taking into account the constraints of third parties. The date deducted may not be deferred from the date that the concessionaire has scheduled for more than thirty (30) days. This deferral, within thirty days, does not result in any royalty, penalty, compensation, or enforcement.
II. ∙ The anticipated schedule of administrative procedures, studies and different phases of work established on a monthly basis from the date of entry into force of the concession contract to two years after the date of commissioning of the NDDL aerodrome is shown in Appendix 9.
III. – The concessionaire coordinates the planning of the operations of the various owners.
In the event that a delay in the forecast schedule occurs, without it being attributable to the concessionaire, in the commissioning of the equipment and infrastructure necessary for the commission of the NDDL airport (road access referred to in the public utility declaration of 9 February 2008, air navigation facilities, customs, border police, gendarmerie, air transport and meteo-France) and that this delay results in a delay of
In the event of a delay of more than twenty-four (24) months in the commissioning of the equipment and infrastructure referred to in the preceding paragraph, the contract may be terminated by the assignor or at the request of the concessionaire by the competent court. The concessionaire is entitled to an allowance calculated in accordance with the terms defined in Article 81, II.
IV. ― In the case that the work of the NDDL aerodrome is interrupted by the State for a general interest reason, the date of commissioning of NDDL as provided for in I of this article is postponed for a period equivalent to that during which the interruption of the work and its consequences have impeded the execution of the contract. During the period of interruption of the work of the NDDL aerodrome by the state:
1° The State cannot impose on the concessionaire the penalties set out in c of Article 4.M;
2° The concessionaire does not use the coercive measures provided for in Article 78 I;
3° The concessionaire shall not be liable to the loss under the conditions set out in I a of Article 82;
4° The State shall compensate the concessionaire under the conditions provided for by the administrative jurisprudence in the matter of amendment for reasons of general interest.
V. ― The renunciation of the State in the NDDL aerodrome project is assimilated to a termination of the concession for reasons of general interest. In this case, the concessionaire is entitled to compensation calculated in accordance with the terms defined in Article 81, II.
Article 4. E
Technical specifications of the work
The NDDL aerodrome is carried out in accordance with the preliminary draft summary (APS) in Appendix 11. It includes the establishment of a single filtering inspection (FU), in accordance with the regulations in force, including the provisions of Sections 43 and II of Article 46 of the amended 12 November 2003 order relating to the safety measures of the air transport and the g of Article 12 of the amended 1 September 2003 order relating to the infrastructure, equipment and training in the area of the safety of the air transport as well as to certain types of equipment and equipment
The APS features the optional realization of a taxiway parallel to the north track. This option may be waived by the State or concessionaire prior to the start date of the detailed preliminary draft (PAD) studies as set out in Annex 9. The operation will be financed by the one that raises the option. In the event of the withdrawal of the option by the State, the financing will be provided by adjustment of the amount of public competitions and the payment schedule.
Article 4.F
Rights conferred and obligations imposed on the concessionaire
I. ― The work being declared of public utility, the concessionaire is invested in the acquisition of the land necessary for the concession and execution of the work dependent on the concession of all rights resulting from the laws and regulations applicable to public works as well as those conferred on the beneficiary in the matter of expropriation. It is subject to all obligations arising from the application of these laws and regulations, including the payment of compensation for expropriated property.
The concessionaire is required to comply with all existing regulations or to intervene with respect to work that may be planned to be carried out on the public domain.
II. ― The concessionaire is required to implement the commitments made under the public utility declaration procedure and in the record of the State commitments set out in Annex 10, excluding those relating to the implementation of the airport service route, in particular as described in the pre-public utility declaration investigation file, which is included in the State's commitments file.
III. ― The operator of the airport service route is responsible only for the measures that relate directly and principally to the completion of this route.
This includes:
1° Relocation of farmers;
2° Recovery of hiking trails;
3° The deviation of the networks required both by the work of the airport and those of the road service;
4° The environmental observatory and the ecologist engineer responsible for supervising the completion of the work and monitoring the environmental evolution of the site and its surroundings in the operating phase, the procedure for intervention on the road project to be defined in consultation with the owner of the road service.
IV. ― The concessionaire is responsible for all land development, including related work, of the airport platform.
V. ∙ Figure in Appendix 7 the amount of expenditures that the department of the Loire-Atlantique, as a land operator, has incurred for land acquisitions, in advance of the designation of the concessionaire, in the right-of-way and out of the right-of-way of the concession, in order to promote the relocation and reorganization of the farms.
The concessionaire replaces the State to reimburse these expenses to the department of the Loire-Atlantique in execution of the particular convention between the State and the department of the Loire-Atlantique.
VI. ― Upon designation, the concessionaire is substituted for the State for the application, on the one hand, of the Eviction Compensation Protocol and the Survey Protocol and, on the other hand, of the accompanying agreement by the Agriculture Chamber for the benefit of the agricultural farms and economic structures affected by the realization of the NDDL airport.
VII. ― The concessionaire is responsible for the implementation, for the benefit of the owners of the works, of the environmental observatory of the various observatories mentioned in the investigation file prior to the declaration of public utility and of the project's coordination and programming cell. It designates an environmental officer. The latter shall inform the supervisory authority defined in Article 4.G of the conditions for the fulfilment of its mission, the difficulties encountered and the measures taken to remedy it.
VIII. ― The concessionaire shall make available to the air navigation service provider the viabilised, fully constructed and freed from any servitude, which are necessary for the installation of air navigation equipment (communication, navigation and monitoring) and for the construction of the technical block (control tower, technical and tertiary premises) with the necessary facilities and parking spaces for its activities.
It realizes and makes available the necessary energy and telecommunications networks to all of these facilities.
For the technical block, it also provides all installation and connection services related to sanitary water and waste and rainwater.
It carries out and maintains access to the technical block and air navigation equipment.
The benefits provided in this section are provided free of charge by the concessionaire to the air navigation service provider.
Article 4.G
Control of the execution of operations
design, study and work
I. ― The State shall designate an entity referred to as the "control authority", that it shall monitor the performance of all of the concessionaire's obligations for the operations related to the implementation of the DSL, including the design, study, construction, implementation and implementation of the accompanying measures up to two years after the commission of the DSL. The supervisory authority may, as necessary, be assisted by all experts, including outside the State services.
II. ― The concessionaire shall make available to the supervisory authority for work and meeting facilities equipped with telephone and office facilities to carry out its mission in satisfactory material conditions, from the date of commencement of the construction site specified in the forecast schedule set out in Annex 9.
The concessionaire is required to assist the control authority and to leave its representatives free access to the entire site of the NDDL aerodrome and at any point of the construction site during the period of completion of this work.
III. ― The concessionaire shall communicate on the first business day of each month from the date of entry into force of the concession, to the supervisory authority, as of their establishment, all elements entering into the formation of the pre-project studies (summary and detailed), of the project and of the executions as well as of the receipt records, the forecasting schedules established on a monthly basis taking into account all possible delays for a cause
The concessionaire organizes, once a quarter, a coordination meeting with the supervisory authority so that the supervisory authority can ensure the smooth running of the studies and works. Additional meetings may be scheduled at the request of the supervisory authority.
Upon request from the supervisory authority, the concessionaire shall forthwith communicate all documents relating to the performance of this specifications (quality assurance plans, audit report, studies, execution plans, calculation notes, checks, tests, meeting records...) in order to allow the concessionaire to make any observations it deems useful.
IV. ― Preliminarily to the completion of the work and in order to verify their compliance with this specifications, the concessionaire submits, for advice, to the supervisory authority, detailed pre-project studies and project studies, along with validation elements of the approved inspection bodies and related work owners. The supervisory authority shall have a period of three months from the date of receipt of these studies to make any observations it deems useful. The control authority may propose the study or implementation of amendments. The concessionaire conducts the execution studies and performs the work in accordance with these studies.
V. ― The audits carried out by the State, its presence at the master's meetings, the formulation of observations or reservations, or the absence of observations or reservations on its part, are not likely to clear the concessionaire's responsibilities as a master of work.
Article 4.H
Procedures for Completion of NDDL Aerodrome
The concessionaire shall inform the representative of the Minister of Civil Aviation of the date of pre-receipt operations, which shall intervene upon completion of the work.
The concessionaire is responsible for all procedures related to the completion of the NDDL aerodrome.
At the end of these reception operations, the concessionaire shall forthwith communicate to the State all final receipts.
It provides it, within ninety days of receiving operations:
1° The file of the executed works whose composition has been validated by the supervisory authority and which must be kept up to date during the concession period;
2° A reproducible copy and a paper copy of the detailed plans of all the constitutive works of the airport;
3° A complete copy of the plans and works, including a layout plan;
4° Any other document necessary for the proper description of the works.
Article 4. I
Implementation of the right of neglect
In application of theArticle 155 of Act No. 2002-276 of 27 February 2002 relating to proximity democracy, the concessionaire proceeds on behalf of the State to the acquisition of goods within the perimeter created by the Decree No. 2007-69 of 19 January 2007.
The property that would have been acquired by the State or would be in the course of acquisition by the State within the scope, before the date of entry into force of the concession, shall be made available to the concessionaire on that date or, if any, on their date of acquisition by the State.
Assets acquired by the concessionaire or the grantor in respect of the implementation of the right of limitation and located outside the control of the NDDL airport as defined in Annex 6 may be transferred by the concessionaire at any time, provided that the assignee may not exercise the right of withdrawal.
Article 4.J
Riverside Housing Sounding Program
The concessionaire puts in place, up to the airport's commissioning, a temporary soundproofing aid device for the benefit of eligible residents who apply. The amount of compensation payable is determined in accordance with the provisions of Articles R. 571-85 et seq. of the Environmental Code.
The noise curves delimiting the areas that open straight to soundproofing prior to the airport's commissioning are determined under the authority of the prefect on the basis of the draft sound embarrassment plan (PGS) being developed.
The concessionaire shall decide on any eligible application within six months of receipt of the application. The deadline for the investigation of applications on which no decision was made on the date of the commissioning is suspended until the establishment of the sound discomfort plan by pre-fectoral order and the installation of the riparian advisory board.
Following the commissioning of the airport, the common law procedure for assistance to residents replaces the temporary arrangement established by this article. However, the concessionaire remains competent to instruct and decide on claims for compensation before the date of commissioning. The concessionaire transmits to the State the list of residents who have benefited from assistance prior to commissioning.
Article 4.K
Implementation procedures
NDDL aerodrome
I. ― After receiving the dealer's notice, the Minister for Civil Aviation closes NA to public air traffic within one year of the date of commissioning the NDDL aerodrome.
At the latest twelve (12) months prior to the commissioning of NDDL, the concessionaire and the grantor jointly define the portion of the NA site that is no longer necessary for its restricted operation and stop its scope.
This part of NA's site is released no later than three months after the NDDL aerodrome is started. On that date, the concessionaire shall, free of charge, hand over to the State the existing works, constructions, real estate facilities on the state-owned dependency with the character of return goods, free of any occupant and of any right of third parties and in good condition of maintenance in respect of the state of these properties found in the notice of disposition provided for in Article II of the Article 2. The concessionaire makes its case of possible third-party compensation for the release of these assets.
The reconfiguration work of the potentially necessary NA site is not at the expense of the concessionaire, whether they relate to the released party or the remaining part in the granted right-of-way.
The release of this perimeter allows at any time the concessionaire to continue the operation of this restricted-use aerodrome in accordance with the obligations set out in this contract, at no additional cost to the concessionaire in relation to normal use for a restricted airport.
II. ― Unless technical impossibility or economic disadvantage, the movable properties of the NA site are reused on the NDDL site. Those of those goods that are returned property and which cannot give rise to this reuse are alienated by the concessionaire under the conditions set out in Article 2 III.
Article 4.L
Facilities available
services of the State
The concessionaire shall make available to the public services and facilities of the State the land, buildings, premises and parking areas necessary for their activity in accordance with Annex 11 to the dates set out in Annex 9.
A special agreement between the concessionaire and the air navigation service provider will clarify the modalities for coordination between them.
Article 4.M
Financial provisions
(a) Funding plan:
The cost of commissioning the NDDL aerodrome, all expenses, is set at four hundred eight million two hundred twenty three thousand eight hundred and eighteen (408 223 878) euros HT value January 2009.
The concessionaire shall, at its own expense and risk, make any excess of the amount mentioned above, which shall not be taken into account in determining the royalties referred to in Article L. 6325-1 of the Transportation Code.
The concessionaire's funding plan is listed in Appendix 12. This annex presents, among other things, the amounts and the anticipated payment schedule of all funding associated with the realization of the subject-matter of the concession (clean funds, investment grants, net income generated by NA and SN and external private financing).
The funding plan includes three phases, each of which is the subject of a specific financial assembly:
1° The current period of entry into force of this contract to the closure of the financing contracts for the construction phase, defined as the "development phase";
2° The current period of the closure of the financing contracts for the construction phase to the refund of the construction credit, defined as the "building phase";
3° The current period of repayment of the construction credit at the end of the contract, defined as the "operation phase".
The closure of the funding contracts ("financial closure") for the construction phase shall be effected, in accordance with the forecast schedule, thirty nine (39) months prior to the date of commissioning under Article 4.D.
External private financing brings together financing by bank debt, bond debt, mezzanine debt and non-subordinate shareholder loans in the case of balance-based financing.
Prior to the commissioning of the NDDL, any proposed amendments to the funding plan to the exclusion of the execution of the financing agreement shall, prior to its completion, be made to the knowledge of the State by the concessionaire, accompanied by a note justifying that the proposed amendment of the financing plan is not in a way that jeopardizes the successful execution of the concession contract. If the State considers that the amendment is likely to jeopardize the successful execution of the concession contract, it makes its opposition known within thirty (30) days of the receipt of the proposed amendment.
The concessionaire shall transmit to the State, no later than thirty-three (33) months before the date of commission set out in I of Article 4.D, a certificate from the representative of the or arranger(s) of its external private financing confirming, on the one hand, the financial closure in accordance with the financing plan set out in Annex 12 and, on the other, the absence of preconditions for drawings incompatible with private financing. This certificate issued by the arrangement is accompanied by a copy of all the preconditions for drawings in the funding contracts. If the concessionaire fails to transmit this certificate and these documents upon the expiry of the period indicated above, the concession contract may be terminated by the State after the concessionaire has put it on hold to remedy this situation within two (2) months, under the conditions set out in Article 82 IV.
All resources derived from the operation of NA and SN prior to the commissioning of NDDL are allocated exclusively to jobs related to the purpose of the concession. Accordingly, the concessionaire cannot pay any dividends to its shareholders under these resources.
(b) Investment Grant:
It is paid to the concessionaire, under the implementation of the NDDL aerodrome, an investment subsidy including the amount and timing of payments, the terms and conditions under which this schedule is amended in the event of delay of work, the distribution of payments between each of the contributing territorial authorities and the State, the terms and conditions of evolution and payment and the amounts of payments and the consequences of a delay in their payment 13.
(c) Penalties for non-compliance with the commission date:
In the event of non-compliance with the date of commissioning of the NDDL aerodrome provided for in Article 4.D I, the concessionaire shall be liable to a penalty of 30 thousand (30,000) euros per calendar day of delay, for a maximum period of two hundred and forty (240) days, or seven million two hundred thousand (7,200,000) euros. Over two hundred and forty (240) days and within one hundred (100) days, the amount of the penalty per calendar day of delay is increased to eighty thousand (80 000) euros, eight million (8,000) euros. In any case, the State may declare the demise under Article 82;
(d) Penalties:
In the event of non-compliance with the provisions of Article 4.G II, reported in writing by the grantor within fifteen (15) days of the breach, the concessionaire shall incur a lump sum penalty of ten thousand (10,000) euros per calendar day, beyond thirty (30) days of the breach.
In the event of non-compliance with the provisions of Article 4.G III, reported in writing by the grantor within fifteen (15) days of the breach, the concessionaire shall incur a flat fee of two thousand (2,000) euros per calendar day of delay from the notice.
(e) Financial guarantees:
In order to guarantee all of its obligations in the construction phase of the NDDL airport under this terms of reference, the concessionaire shall provide or provide by its service providers no later than the date of entry into force of the concession a financial guarantee in the form of an autonomous first-demand guarantee issued by a first-tier banking institution or by a non-banking or intra-group corporation of 10% of the return price as defined in the 4. The concessionaire justifies the existence of the guarantee until the second anniversary of the effective commissioning of DSL.
It is updated on the date of the financial closure of the period during which the construction of the NDDL airport takes place.
The guarantee is issued for a minimum period of five years renewable. In the event of a non-renewal set up two months prior to the anticipated maturity of the current guarantee, the grantor may call the entire guarantee.
This guarantee may be put into play for the following purposes:
1° Guarantee the implementation and compliance of the funding plan in accordance with Article 4.M a;
2° Guarantee the payment of the penalties referred to in c of Article 4.M;
3° Guarantee the payment of the costs imposed by the State under the precautionary measures prescribed by the state in the construction phase, in accordance with the provisions of Article 78 I;
4° Guarantee the completion of the NDDL aerodrome and, where applicable, compensation for the damage suffered by the grantor in respect of the loss in the construction phase, as provided for in section 82;
5° Guarantee the restoration of the works and facilities of the concession in the event of a redemption or termination for reasons of general interest of the concession by the state under construction of NDDL, in accordance with the provisions of Article 81;
6° Guarantee the payment of the royalty due under Part II of Article 68 in the event of the demise;
7° The absence of a renewal of the warranty two months before its maturity.
The constituted warranty is in accordance with the model set out in Appendix 14.
Article 4.N
NDDL aerodrome designation
The final name of the NDDL aerodrome is decided by the State, after consultation with the concessionaire, no later than six months before the effective date of NDDL. The concessionaire may, during the term of the concession, commercially exploit the name of the NDDL aerodrome, subject to prior notification by the State. The latter retains the power to oppose it.
Communication operations related to NDDL, including site visits, can be organized at the initiative of the state or concessionaire. The practical modalities of these operations are mutually agreed.
Article 4.O
Intellectual property on architectural work
I. ― Concerning NDDL:
(a) Property of architectural works :
Architecture and design plans for the NDDL aerodrome and related green spaces, sketches, drawings, plans and models, including those relating to the decoration elements, designed and realized by the concessionaire or by an architect or any other third party acting on behalf of the concessionaire (hereinafter the "contributors") under this contract, may be subject to intellectual property rights. These documents are collectively referred to as "architect works".
The concessionaire shall transfer to the State the property rights of intellectual property relating to the works of architects which it holds under the conditions and in the manner provided for in this article. He undertakes to conclude a convention with other intellectual property rights holders related to the works of architects so that they may transfer their heritage rights to the State under the same conditions and terms.
Intellectual property rights are granted to the State:
1° Non-exclusive for the duration of the contract, particularly for the purposes of communication to the public, the concessionaire who may continue to exploit them or allow third parties acting on his behalf to exploit them for the purpose of fulfilling their contractual obligations and for the public service;
2° Exclusively, as returns, at the end of the contract for any reason.
They are assigned to the State as each of the architectural works is carried out, without additional remuneration and without any formality required. These rights are granted for their duration of protection by copyright in accordance with French law and any current and future international convention, both for France and the world.
The assignment of intellectual property rights covers the following rights:
(a) The right to reproduce (including digitize) the works of architect, in whole or in part, in particular in the form of posters, photos, presentation documents and whatever the support, paper, magnetic, optical, digital, slide, microfilm, CD-ROM, CD-I, DVD or any other computer or electronic media of editing or reprography;
(b) The right to represent the works of architects, in particular to present them to the public in particular during exhibitions, by any means of communication, including through the transmission by air, cable or satellite, or by electronic processes and networks, known or unknown to date;
For the exercise of the rights mentioned in a and b, in particular for the purposes of communication to the public, the concessionaire consents to the State and makes consent by the holder of the law on the works of architect to the right to modify and adapt the works of architect during the period of the contract, for reasons of aesthetic and technical reasons, for the purpose of reshaping, enlargement, reduction of size or other support, in particular to allow a homogeneous presentation or improvement
The State recognizes that the concessionaire and the architect acting on its behalf, may freely, for both the duration of the contract and after the end of the contract, use these architectural works or the image of all or part of the NDDL aerodrome carried out under the architectural plans, as a reference or to ensure their promotion and communication, without prejudice to the rights of the State and in compliance with the contractual obligations, including the confidentiality of the data.
Any image (picture, video) of all or part of NDDL, whether internal or external, taken by the concessionaire or the architect for the above-mentioned purposes shall not include any sensitive data: security systems or other data prohibited to the public or any image of persons working in the NDDL aerodrome or visitors, unless expressly agreed to by interested persons.
In addition, the concessionaire, which expressly acknowledges that NDDL (including its components) resulting from the construction of architects has a strong functional and utilitarian character, consents to the State the right to the State and any third party acting on its behalf freely, at the end of the contract intervened for any reason, to make or to make to the strictly aesthetic aerodrome of NDDL modifications, adaptations, imperatives and decommissions The concessionaire undertakes to conclude a convention with the holder of moral law on the works of architect for the purpose that he consents to the same restrictions of his right to the State.
(b) Computer system:
In the event that a computer system is set up by the dealer in NDDL, for the purposes of its operation, the parties agree to adhere to the following principles, on the understanding that "computer system" means a coherent set of networks, equipment, software and other specific computer developments.
It is already agreed that the computer system and the property rights of intellectual property related to it (with the exception of those relating to the software packages covered by licenses granted by third parties), are property of return that, at the end of the contract for any reason, will become in full right and without cost, the exclusive property of the State. Thus, the following rights relating to specific developments, namely the rights of:
1° Reproduction and use for any use, by any process, on any paper, magnetic, optical or videographic medium, including discs, disks, tapes, listings, videograms, for any operation, including network;
2° Representation in any way, on any network, edition;
3° Adaptation, modification, correction, development, integration, transcription, translation;
4° Operations in any way specific developments.
In addition, the concessionaire grants the State the right to make or bring to the computer system on which it holds a moral right of intellectual property modifications, adaptations, corrections, developments, integrations, transcripts or translations made strictly indispensable by technical or public security imperatives, legitimized by the needs of public service and in particular the operation of NDDL or its adaptation to new needs.
The transfer of rights will be effective for the entire world and for the duration of the protection of the computer system and intellectual property law, in accordance with French law and any current and future international convention. For the purposes of this assignment, the concessionaire undertakes to sign and sign any necessary documents by any third party holder of intellectual property rights and to hand them back to the State at the first request of the latter.
In the case of third-party licensing systems, the concessionaire undertakes to take any action, including contractual, allowing it to transfer such licences to the State at the end of the concession for any reason, without cost to the State.
In general, the concessionaire undertakes to ensure, during the period of reversibility agreed between the parties, the transfer of knowledge necessary for the resumption of the information system by the State or by the third party designated by the State for its operation and maintenance.
II. - Ownership of trademarks, trade names, domain names and other distinctive signs related to the operation of aerodromes:
Brands, trade names, domain names and other distinctive signs registered by the dealer and related to the aerodromes of Nantes-Atlantique, Saint-Nazaire - Montoir and Notre-Dame-des-Landes, must be consistent with the image and reputation that a public service dealer is required to maintain and respect the applicable legal or regulatory obligations. In no case shall they infringe on the rights of third parties, public order and any commitment to the State. In the event of a breach, the concessionaire is solely responsible for the consequences of an application or action conducted in any capacity.
The above-mentioned distinguishing signs are goods of return and will be handed over to the State, at the end of the contract for any reason, automatically and without any formality being required, as an exclusive and cost-free measure for the State. As such, the concessionaire will ensure good faith management of its portfolio of distinctive signs.
The concessionaire undertakes to assist in the completion of the registration formalities of this assignment to the register of the trademarks concerned, the register of the domain name and any other agency concerned at the dealer's expense. In this regard, the concessionaire undertakes to sign any act, power or act that would be submitted to them, as soon as possible.
The concessionaire authorizes the State, its partners and any third party acting on their behalf to use the said distinctive signs throughout the contract, for the purposes of any public communication operation related to aerodromes.
III. ― Property of other creations implemented in existing aerodromes:
The above provisions apply mutatis mutandis to any creations, architectural or other works created by the concessionaire under the contract.
Article 5
Operator quality and general principles
related to operations
The concessionaire shall respect and enforce, under all circumstances, its obligations under this Terms of Reference, irrespective of the manner in which the missions concerned are carried out.
As an aerodrome operator, it is subject to the obligations under the Transport Code and the Civil Aviation Code, particularly in respect of airport safety and security.
Subject to the provisions of Article 10, the concessionaire shall not delegate its operator status to a third party in any manner.
The decisions taken by the concessionaire include the principles of transparency and equal treatment of users, and more generally those applicable to the execution of any public service.
Article 6
Coordination and information sharing
I. ― Without prejudice to the competence of the State services, including those of the holder of the police power referred to in Article L. 6332-2 of the Transport Code, the concessionaire shall coordinate the action of the various stakeholders necessary for the proper operation of the airport service. It organizes, inter alia, their consultation and mutual information.
The concessionaire provides the services of the State, with sufficient notice, with information that is useful to them on the departure or arrival flights, including their origin or destination, their scheduled and forecasted schedules, the traffic areas and the aeroplanes to which they are assigned, the type of aircraft, the number of passengers and the tonnage of cargo onboard and disembarked.
II. ― The concessionaire puts in place a permanence on each aerodrome during the aerodrome opening hours. This permanence is provided by a qualified agent to represent the concessionaire. The concessionaire shall bring to the attention of users and the public the hours of the permanence.
The concessionaire ensures that users and the public have, on aerodromes outside the hours of permanence, ways to reach a qualified agent as soon as possible.
Article 7
Opening to air traffic
Subject to the special provisions of heading 2, the concession-objected aerodromes are open to public air traffic within the meaning of section D. 221-2 of the Civil Aviation Code.
Article 8
Air navigation services
The air traffic control and aeronautical meteorology services are rendered on the aerodromes respectively by the State and the public establishment Meteor France.
When an aerodrome flight information service (AFIS) appears to be required, the concessionaire proposes its services or those of another provider to be designated by the competent administrative authority.
Article 9
Operating Instructions and Opening Hours
Subject to the powers vested in the authorities of the State by the Transport Code and the Civil Aviation Code, the concessionaire shall establish the operating instructions and opening times of the aerodromes, which may not have the effect of prohibiting or restricting access to aerodromes of certain categories of users.
These operating instructions include the conditions for the use of different aerodrome areas and facilities. They require different stakeholders to report to the concessionaire any malfunctions of equipment or services that may have consequences for the airport service it has charge.
Except in the event of an emergency, the instructions and their amendments are notified to the Director of Civil Aviation before being applied. Interested aeronautics users are informed simultaneously. The Director of Civil Aviation has a period of one month from this notification to issue his notice. At the end of this period, he is deemed to have issued his notice.
Opening hours for aerodromes are presented to the Director of Civil Aviation for prior approval and after consultation with users. The concessionaire determines the opening hours of the different categories of airport facilities in a manner compatible with the opening hours of the aerodromes.
Operating instructions and opening hours are communicated to users and the public by all appropriate means.
Article 10
Contracts for certain missions
to third parties
The provisions of this Article shall apply to contracts by which the concessionaire assigns to a third party the performance of a service referred to in the first paragraph of Article R. 224-1 of the Civil Aviation Code and which provides that the third party shall, as such, receive direct remuneration from the users of the service.
Those of these contracts relating to the development, operation or development of the following works and facilities:
― runways, traffic lanes, aircraft parking areas and light markings;
- passenger aeroplanes, not including the associated facilities and services that are not directly necessary for the airport public service;
– infrastructure that the concessionaire manages under section R. 216-6 of the Civil Aviation Code,
may be concluded only after authorization from the Minister for Civil Aviation.
Other contracts are freely entered into by the concessionaire in accordance with the provisions of common law and those of this terms of reference. They are communicated by the concessionaire to the Minister for Civil Aviation and the Director of Civil Aviation upon request.
In all cases, the concessionaire remains fully responsible for the grantor for the performance of the services or services entrusted to third parties under this contract.
Upon conclusion of such contracts with third parties, the concessionaire shall inform them of the provisions of this contract that apply to them.
If the concessionaire is subject to advertising obligations and competition procedure under national regulations or the European Union, the concessionaire is required to comply with these contracts.
Article 11
Legal acts of the concessionaire
I. ― The legal acts of the concessionaire, in any form, shall be established in accordance with the provisions of this terms of reference.
Otherwise, the Minister for Civil Aviation may require termination or modification at the dealer's expense.
II. ― The actions of the concessionaire for the purpose or effect of occupancy by a third party of the public domain shall establish a level of royalty taking into account, without prejudice to the provisions of Article R. 224-1 of the Civil Aviation Code and unless otherwise provided in this specifications, the benefits of any nature granted to that third party.
Except as previously agreed by the Director of Civil Aviation and except for occupations involving aeronautical users with an approval or administrative authorization, as well as State administrations and its public institutions, the occupancy authorizations are issued following a procedure allowing effective competition. Authorizations are granted to candidates presenting the most economically advantageous offers for the concession, according to criteria defined by the concessionaire and communicated to petitioners.
When the period covered by the authorization exceeds the term of the concession, the most economically advantageous offer is valued without taking into account this deadline.
III. ― With the exception of contracts of work, any act exceeding the normal term of the concession or, with respect to acts specifically related to the NA aerodrome prior to the commission of NDDL, the date of commissioning of NDDL is submitted, prior to its conclusion, to the agreement of the Minister for Civil Aviation who has a period of two months, from the date of its notice to the concessionaire, with all In the absence of a response within this time limit, the Minister for Civil Aviation agreement is deemed to be acquired with the exception of acts specifically related to the NA aerodrome prior to the commissioning of NDDL.
IV. ― For leasing contracts, the concessionaire entered or entered into the deed with the leasing establishment a special clause providing for the leasing credit to be required to remove the purchase option of the property(s) so financed before the term of the concession, regardless of the cause.
As a result of this obligation, the concessionaire agrees to take over, under its sole responsibility, any disputed remedies that the leasing establishment may make at a later date, in particular for lack of information or to challenge the state's public ownership right at the end of the concession.
Article 12
Issuance of acts constituting real rights
The concessionaire is authorized to issue authorizations or temporary occupancy agreements that constitute real rights in the public domain of the State which is granted to it under the conditions laid down in the general code of public ownership.
However, the concessionaire may not confer real rights or issue such authorizations or conventions providing for the construction of runways or roads.
Without prejudice to the provisions of title II, with regard to the land and buildings necessary for the continuity of public service, including aeroplanes, it may only issue such authorizations or conventions with the prior agreement of the State authorities mentioned in article R. 57-4 of the State domain code.
These authorizations or conventions provide that the actual rights attached cannot be opposed to obstructing the performance of the public service.
They are countersigned by the Minister for Civil Aviation as long as their term exceeds the term of the concession.
Authorities or conventions constitutive of real rights for constructions, works and facilities not related to the direct operation of the DSL, granted for a period of more than fifteen years are subject to the advice of the follow-up committee referred to in Article 1.B of this Terms of Reference.
Any real right granted in ignorance of the provisions of this article shall be considered null and void. The allowances that would be payable in this case to the public domain occupant are borne by the concessionaire.
Article 13
Allocation of air carriers
I. ― The concessionaire decides on the assignment of air carriers between the aerodrome terminals. These decisions are administrative acts.
The decisions by which the concessionaire makes the permanent assignment of air carriers are made, after consultation with the users, in accordance with the principles established by the concessionaire on the advice of the Director of Civil Aviation and brought to the attention of the users. These principles also specify the rules of information of air carriers other than those subject to the assignment decision and may be affected by this decision and the conditions applicable to the change in the assignment of an air carrier.
II. ― The concessionaire shall promptly initiate any application for the assignment of an air carrier. He informs the Director of Civil Aviation of the decisions taken.
III. ― The concessionaire cannot proceed on its own initiative to change the permanent assignment of an air carrier without receiving its prior notice. The air carrier shall notify the air carrier within one month of notification by the concessionaire of the proposed change of assignment. This period may be reduced, with the approval of the Director of Civil Aviation, in the event of an emergency.
Article 14
Facilities allocation
and airport equipment to users
I. ― Subject to the priorities that would be prescribed by the operating instructions, emergency cases and special requests of the State services, the concessionaire shall make the facilities and equipment of the aerodromes available to the users according to the order of the applications filed by them.
However, the concessionaire may set out different allocation rules, for reasons of general interest, such as limiting environmental violations or improving the use of infrastructure. These rules are communicated to the Director of Civil Aviation and Aeronautical Users.
II. ― Where the concessionaire assigns third parties to the management of facilities or equipment, the contract provides the terms and conditions under which the concessionaire reports on their use.
III. ― The allocation of the necessary facilities and equipment is lawful for air carriers receiving an assignment pursuant to section 13 and having obtained time slots pursuant to Council Regulation (EEC) No 95/93 of 18 January 1993 as amended setting common rules with respect to the allocation of time slots at the Community airports.
Article 15
Operating premises
The concessionaire shall make available to air carriers, within reasonable time, the premises and surfaces necessary for their aerodrome activities, including, where applicable, self-help in port of call and maintenance of aircraft. The concessionaire may meet this obligation by providing land for the construction of such premises.
The concessionaire shall satisfy the requests for premises and surfaces submitted by air carriers as a priority with respect to those from other companies, subject to the provisions of Article 20.
Article 16
Assistance in port of call
I. ― The concessionaire shall carry out and, where appropriate, operate or make available the common port assistance infrastructure referred to in sections R. 216-6 and D. 216-4 of the Civil Aviation Code, without prejudice to the provisions of these articles. These infrastructures and their operation are appropriate to the needs of air carriers and their service providers on call.
In the case of aerodromes to which section R. 216-4 of the Civil Aviation Code does not apply, the concessionaire shall make all necessary arrangements for air carriers and other aircraft operators to have access to the necessary port of call assistance services.
II. ― In cases other than those referred to in I, the services provided by the concessionaire are not part of the services granted.
Article 17
Operation of aeronautical areas
(a) General provisions:
In order to preserve the integrity of the movement areas, the concessionaire carries out the regulatory technical visits and draws, to the attention of the third parties involved in these areas and without prejudice to the powers of the State police and security services, the operating instructions necessary for this purpose. He controls compliance with these instructions.
The concessionaire organizes the snow removal of movement areas and the prevention of ice formation on these areas. It takes all the means to this effect.
The concessionaire and the air navigation service provider shall be kept informed, as soon as possible, of any event that alters or renders unavailable all or part of the movement, marking, rescue service and fire control areas of aircraft or that of the prevention of the wildlife hazard.
In the event of work on the movement areas and without prejudice to the provisions of Article 60, the concessionaire organizes the construction sites in such a way as to disrupt the ground traffic of aircraft and vehicles and coordinates with the air navigation service provider for the implementation of safety procedures.
(b) Traffic areas:
The dealership ensures the development and maintenance of traffic areas. In this context, it conducts inspections of these areas.
When a regulation of aircraft movements on traffic areas is implemented, a protocol between the concessionaire and the air navigation service provider describes the field and the practical modalities for carrying out this regulation. Where such regulation is not provided by the air navigation service provider, it shall be the responsibility of the concessionaire or a third party designated by the concessionaire, who is required to enter into a protocol with the air navigation service provider specifying the field and practical terms and conditions of enforcement of this regulation.
The concessionaire materializes the separation between traffic areas and manoeuvring areas.
The award of parking and storage areas for support equipment is made by the concessionaire. When traffic areas are operated predominantly or exclusively by a third party, the concessionaire may entrust under its contractual control all or part of that mission to that third party.
(c) Manoeuvre areas:
The concessionaire ensures the development and maintenance of manoeuvring areas.
The concessionaire provides the provision, maintenance and supply of normal and emergency energy for the following equipment:
• Light marking;
- signs of indication, obligation and prohibition on manoeuvring areas;
visual indicators of approach slope;
- Stop bars.
The concessionaire shall carry out the adhesion measures according to the periodicity and in the technical conditions prescribed by the regulations as well as at the request of the air navigation service provider; the results of these measures shall be transmitted to the air navigation service provider, in accordance with the terms and conditions established by a protocol between the concessionaire and that service provider, which shall inform the crew, if any, by the appropriate means.
The concessionaire monitors the state of the runways and their surroundings and inspects the manoeuvring areas according to the periodicity and technical conditions provided by the regulations as well as at the request of the air navigation service provider; the concessionaire shall promptly inform the air navigation service provider of the results of such inspections.
The concessionaire publishes safety instructions regarding access to pedestrians and vehicles other than aircraft to manoeuvring areas, in accordance with the Air Navigation Service Provider's notice. It shall issue, as appropriate and at the request of the Director of Civil Aviation, the corresponding traffic authorizations. He accompanies on the manoeuvring areas people who do not have such enabling arrangements.
On aerodromes that are subject to meteorological observation messages from Meteor France, the dealer communicates to the latter the information available on the state of the runways.
Article 18
Presentation of medium- and long-term perspectives
Without prejudice to the provisions relating to economic advisory boards, the concessionaire shall, at least once a year, submit to air carriers present on the aerodrome the analysis of its operating prospects for the medium and long term, including:
1° The context and present situation of the aerodrome;
2° The assumptions of evolution of the traffic retained;
3° General development objectives;
4° The list of major investments and their timeliness;
5° The quality of service situation and the targets set;
6° The conditions of the adequacy between the capabilities of airport facilities and the planned traffic.
Corresponding documents are forwarded simultaneously to the Minister for Civil Aviation and the Director of Civil Aviation.
Article 19
Access
The concessionaire provides access to the airport facilities of the companies referred to in sections 20, 21 and 22, as well as other companies whose presence is necessary for air transportation activities. Access to the site does not result in payment of any entry fee.
Rule 20
Assisting companies in stopover
Under the conditions provided for in Article D. 216-2 of the Civil Aviation Code, the concessionaire shall make available to the port of call assistance companies:
1° The premises directly necessary for their activities;
2° Suitable areas for the storage of their equipment; these areas are, except technical incompatibility, located near those where services are rendered; in the event of constraint related to the capacity of these areas, the concessionaire ensures a fair distribution among the different providers.
The concessionaire shall meet these requests under the same conditions and with the same priority as those mentioned in Article 15 of this Terms of Reference.
Article 21
Cargo and post companies
The concessionaire shall make available to companies participating in freight and air mail services the right to control and, where appropriate, the premises and facilities directly required for these activities.
Article 22
Public transport operators
Access to airport facilities of public transport operators for the service of each aerodrome is free.
The concessionaire provides these operators with the premises directly necessary for their activities.
It develops and operates areas for the removal and care of public transport users. These areas are located, to the extent possible, close to the facilities served.
The concessionaire develops and operates waiting areas for public transport vehicles.
The provision of these areas, facilities and premises may not be subject to charges charged to the companies concerned that would exceed the costs incurred by the concessionaire.
The concessionaire takes note of the planned realization of the infrastructures of the tram-train and the railway Nantes–Rennes on the platform and undertakes, without financing, to accompany their realization, either in mastery of direct work or in the framework of the mastery of the project holder. It will ensure, in accordance with the general composition scheme set out in Annex 8, the mastery of work and the financing of the volumes and equipment intended to provide direct connections between train stations and terminals.
A convention will be passed the time between the concessionaire and the owner of the railway line to specify the technical and financial data of the exercise of the mastery of civil engineering works (terraces, works of art, platforms, buildings...) of the line part to be implanted in the right of the airport platform. In any case, the railway superstructures (ballasts, plates, tracks, electrical and signalling equipment, docks...) will be carried out and financed by the railway operator.
Article 23
Access and traffic on the airfield
The concessionaire ensures that passengers, including those in correspondence, and the public can easily access and circulate the facilities that are open to them, including aeroplanes. To this end, the concessionaire:
1° Provides and operates access routes for private vehicles as well as quick removal areas for passengers near the terminals. The use of these routes is free; the use of these areas can only be paid beyond the time of use required for rapid removal;
2° Develop and operate parking spaces for private vehicles;
3° Facilite, in particular under the conditions provided for in Article 22, the service of its airport facilities by public transport: buses, buses, taxis and rail transport;
4° In consultation with the transport organization authority and without prejudice to the competence of the transport organization, organizes and, where appropriate, operates adapted transport services, including the closest access points to public transport, the various aeroplanes and car parks. These services are also tailored to the needs of personnel of companies and jurisdictions with aerodrome activities;
5° Inside the air terminals, ensures a smooth and easy movement of passengers and the public and puts in place a suitable reception and signage service.
Article 24
Home of certain categories of passengers
The concessionaire, in consultation with air carriers, develops specific instructions on the reception and care of passengers requiring special assistance, including persons with reduced mobility and persons accompanied by young children. It adheres to these instructions with respect to it and, for other stakeholders, requires the granting of the activity authorizations set out in section 30 to the undertaking to apply these directives.
Rule 25
Health services
The concessionaire ensures the availability, on the right-of-way or close to each aerodrome, of an emergency service including a medical permanence during the opening hours of airport facilities.
Rule 26
Passenger and public information
The concessionaire shall broadcast, as soon as it is aware, information relevant to passengers and accompanying persons, including the programming and correspondence of flights, their schedules and delays, as well as the airport facilities assigned to them.
The concessionaire shall make available remotely, by appropriate means, the information provided for in the preceding paragraph and those relating to the conditions of access to aerodromes and to the terms and conditions of parking of motor vehicles.
The concessionaire shall inform passengers of their rights by any appropriate means.
Rule 27
Passenger investigations
In particular, to improve the provision of services to passengers and the public, the concessionaire, after consultation with the Director of Civil Aviation, conducts an annual survey of passengers on departure under conditions representative of the activity of each airfield. This investigation includes the following elements collected anonymously:
- destination of the flight;
- origin and destination of the trip;
- mode of access to the airport;
- a resident or non-resident character of the passenger;
- place of residence or residence of passengers in the aerodrome barge area;
- motive of the trip;
- socio-professional category.
The results of these investigations, together with the data set and the methodology described therein, are forwarded to the Minister for Civil Aviation and the Director of Civil Aviation.
They may only be communicated to a third party with the agreement of the concessionaire or as part of the tender procedure for the renewal of this concession.
Rule 28
Major debts
During periods of significant delays or traffic disruptions, the concessionaire provides passengers with the information that air carriers and the air navigation service provider provide about the delays expected and informs passengers of the situation as often as possible.
During these periods, in addition to the measures taken by air carriers by regulation (EC) No 261/2004 of 11 February 2004 establishing common rules for the compensation and assistance of passengers in the event of refusal of boarding and cancellation or significant delay of a flight, the concessionaire shall provide assistance to passengers in the context of an emergency plan, including the provision of seating and means
When it was brought to intervene under the conditions of the previous paragraph to address the deficiency of an air carrier to apply Regulation (EC) No. 261/2004, the concessionaire asks the carrier to reimburse the costs exposed.
The concessionaire ensures that catering services are available in these particular circumstances.
Rule 29
State services information
on operational disturbances
The concessionaire shall promptly inform the holder of the police power referred to in Article L. 6332-2 of the Transportation Code and the provider of air navigation services of any serious danger or disadvantage, of which he or she is aware, in order to hinder the continued operation of an aerodrome subject to the concession. This information may be accompanied by a request for an immediate suspension of air operations.
The holder of the police authority referred to in Article L. 6332-2 of the Transportation Code and the air navigation service provider shall inform the concessionaire, under the same conditions, of any such event of which they are aware, and may request in such cases the immediate suspension of all or part of the airport operations.
Rule 30
Activity authorizations in airport control
The concessionaire shall subject to authorization the exercise, by a company, of any industrial, commercial or handicraft activity on airport control, other than the operation of aircraft or an air transportation service.
The exercise of activities in the reserved area of aerodromes, as defined in section R. 213-2 of the Civil Aviation Code, may only be authorized if necessary for aeronautical activities. The concessionaire terminates the authorizations when this condition is no longer fulfilled.
The concessionaire shall keep at the disposal of State services the list of authorizations issued, mentioning those whose validity concerns the reserved areas of the aerodromes. This list is also, for each aerodrome, transmitted semi-annually to the holder of the police power referred to in Article L. 6332-2 of the Transportation Code.
Rule 31
Specific safety provisions
The concessionaire shall, under the responsibility and authority of the State, ensure the security mission resulting from articles L. 6332-3 and L. 6341-2 of the transport code.
Under the authority of the holder of the police power referred to in Article L. 6332-2 of the Transportation Code, the concessionaire shall establish on each aerodrome a loaded service:
1° To welcome the public seeking the issuance of reserved traffic titles or vehicle access authorizations in this area;
2° To verify the admissibility of files filed and to transmit them to the State services for investigation;
3° Keeping up-to-date the traffic data database;
4° To manufacture the traffic titles, as well as the countermarks of the vehicles, and to hand them over to the authorities of the State responsible for issuing them to the concerned;
5° To provide companies or organizations operating exclusive use sites with a corresponding traffic title manufacturing service.
The officers responsible for this service shall be authorized by the holder of the police authority referred to in Article L. 6332-2 of the Transport Code and shall be held in professional secrecy.
The concessionaire shall report to the Minister for Civil Aviation on any study, research, experimentation or program relating to the airport security it undertakes.
Rule 32
Enforcement
on the assistance in port of call
I. ― In the event of a limitation of the number of air carriers authorized to practise self-help, the concessionaire shall issue to air carriers the authorizations to practise self-help in accordance with section R. 216-3 of the Civil Aviation Code and section 30 of the terms of reference. The duration of these authorizations does not exceed three years.
II. ― The concessionaire shall communicate to air carriers and other aircraft operators, at their request, the list of authorized stop service providers and the conditions attached to such authorizations.
III. ― The concessionaire maintains an up-to-date information system on the port of call assistance market on the aerodrome, including for each port of call assistance service as defined in the appendix to section R. 216-1 of the Civil Aviation Code:
1° The list of authorized stopover support companies with the conditions of these authorizations;
2° The list of companies that actually carry out an activity, distinguishing providers and those that only act as subcontractors of service providers;
3° The annual list of air carriers assisted by each port of call service provider.
The concessionaire communicates these elements to the Minister for Civil Aviation, upon request of the Minister.
The concessionaire, together with interested companies, participates in the definition and implementation of the standby assistance system, which is arrested in accordance with Article R. 216-11 of the Civil Aviation Code.
Rule 33
Control of enforcement
on time slots
When a regulation of the use of time slots is applicable on the aerodrome, the concessionaire shall provide the Minister for Civil Aviation, for each aeronautical season and at least eight months before the beginning of the aerodrome, the information relevant to its jurisdiction, necessary for the determination of the coordination parameters defined by the Council Regulation (EEC) 95/93 of 19 January 1993 amended setting common rules with respect to the allocation of time slots in
The concessionaire shall provide the designated co-ordinator pursuant to Regulation (EEC) 95/93 with the information necessary for the exercise of its function, in particular the data relating to the assignment of carriers within the various aeroplanes, the monitoring of the use of the assigned time slots and, when it is aware, the identification of movements made in violation of the rules relating to the allocation and use of time slots. This information is transmitted within a time frame consistent with the delivery of the coordinator's missions. They are also communicated to the Minister for Civil Aviation.
Rule 34
Control of the application of operating restrictions
The concessionaire shall provide the Minister for Civil Aviation with the information necessary for the identification of movements made in violation of operating restrictions where such restrictions are applicable.
Rule 35
Application of regulations on servitudes
The concessionaire shall, as soon as possible, communicate to the public service any information that it has knowledge about violations of the regulations on aeronautical and radioelectric servitudes.
Rule 36
Aerodrome Operations Police
At the request of the territorially competent police services, the concessionaire lends free of charge the assistance of its authorized officers to ensure that the provisions of the order made pursuant to Article R. 213-3 of the Civil Aviation Code and those of the Civil Aviation Code are respected. road code.
In particular, the concessionaire may set up sworn and authorized agents to detect violations of the provisions concerning the stopping and parking of vehicles on roads and in parking spaces open to public traffic, so as to ensure the safety and convenience of access. A copy of the minutes is sent to the holder of the police authority referred to in section L. 6332-2 of the Transportation Code. The concessionaire may also establish a furnace service under the conditions provided by the road code.
The concessionaire ' s agents may also be empowered, in order to impose administrative sanctions, to observe the other breaches of the provisions mentioned in the first paragraph and the breaches of the provisions of Article R. 217-1 of the Civil Aviation Code. These findings are transmitted to the holder of the police power and to the authorities referred to in Article L. 6372-2 of the Transportation Code.
Rule 37
Conservation police
The concessionaire shall, as soon as possible, notify the holder of the police authority and the competent authority referred to in section L. 6372-2 of the Transportation Code of any information he or she is aware of in the course of the aerodrome.
Rule 38
General security
The concessionaire provides lighting to the extent necessary to allow general monitoring. At the request of the holder of the police authority and under the conditions established by the latter, it shall establish, in order to contribute to the protection of property and persons, video surveillance devices in places open to the public.
The monitoring devices in the baggage treatment areas and on the sides of the aeroplanes and car parks under the safety regulations are also used, under the conditions as appropriate by the holder of the police power referred to in Article L. 6332-2 of the Transport Code, to contribute to the protection of property and persons.
Rule 39
Application of health regulations
At the request of the Minister of Health, the concessionaire proceeds to its premises and to the locations that are relevant to the display, provided by the State, containing health recommendations for passengers to or from geographic areas temporarily affected by an epidemic.
In the case of a serious health threat or pandemic, the concessionaire, at the request of the Minister of Health, implements specific health measures, including reserved reception areas and detection systems. Compensation to the concessionaire, if applicable, shall be determined under section 74 of this terms of reference.
Rule 40
Access to State-occupied facilities
and public institutions
The State and its public establishments benefit from a sufficient passage to ensure the full service of the enclaved dependencies they occupy within the airport control.
Rule 41
Access to airport facilities
For the exercise of State missions and public institutions, the concessionaire guarantees the access of their agents as well as persons acting on their behalf at the airport facilities granted.
Rule 42
Air navigation services provider
I. ― During the operation, the concessionaire makes available free of charge to the air navigation service provider the necessary terrain, on the aerodrome, the installation of radio-electric aids on landing and radio-telephone and radio-detection antennas. It guarantees the free passage of telecommunications carriers required for these services.
It shall, if necessary and without charge, carry out and maintain the access routes to the facilities referred to in the previous paragraph.
It provides, at the request of the air navigation service provider, the provision of normal and rescue energy necessary for the equipment of the air navigation service provider.
The concessionaire makes available to the air navigation service provider the necessary facilities, facilities and parking spaces for its operations. Upon request from the provider, the dealer provides associated services such as cleaning, care, maintenance, maintenance, climate comfort, fluids and telephone equipment.
Without prejudice to the provisions of Article 60, the concessionaire and the air navigation service provider shall organize regular consultation on their respective projects of work and the compatibility of this work with the constraints of the airport operation and the provision of air navigation services.
The concessionaire and the air navigation service provider exchange the data they have on the preparation and conduct of the flights as well as those necessary for the establishment of the aeronautical information in accordance with the regulatory terms and conditions.
II. ― Without prejudice to the provisions of Article 4, VIII, all benefits provided for in this section shall, with the exception of those for which the gratuity is expressly provided, be paid to the costs incurred by the concessionaire and set out in application agreements.
Rule 43
State services in charge of urban planning,
Construction and Environmental Protection
When state services are associated with the development or revision of an aerodrome-related urban planning document, they consult the concessionaire.
The concessionaire is required to make its opinion known in open public investigations for the development or revision of urban planning documents relevant to the aerodrome.
If the aerodrome is subject to the requirement to establish sound environment curves, the concessionaire, at the request of the Director of Civil Aviation, establishes these curves and provides them annually to the prefect of department as well as the count of the population and housing included in each of the areas delineated by these curves.
The concessionaire shall provide, at the request of the Director of Civil Aviation, its technical assistance to the development and revision of the noise exposure plan provided for in Article L. 147-3 of the urban planning code, the sound discomfort plan provided for in Article L. 571-15 of the environmental code, noise maps and plans for the prevention of noise in the environment provided for in Articles L. 572-2 and L. 572-6 of the impact As such, the concessionaire communicates to the State services, at their request, the useful qualitative and quantitative data that it is alone to hold.
The concessionaire shall, at their request, communicate to the services of the State the data it is solely to be held and that are necessary for the realization of the annual emission inventories of pollutants provided for in Article L. 221-6 of the Environmental Code.
The concessionaire provides, where appropriate, its technical assistance for the establishment of aeronautical and radioelectric servitudes.
Unless specifically agreed with the Minister for Civil Aviation and subject to the obligations of third parties, the concessionaire shall bear the costs that may arise from the establishment of the servitudes established inside and outside the aerodromes in the interest of air navigation.
Rule 44
Weather-France
(a) General provisions:
The concessionaire makes available to Meteor France the land, buildings, premises, fittings and parking spaces necessary for the exercise of its meteorological assistance missions to air navigation related to aerodromes. Weather-France is free to install, after consultation with the concessionaire, the necessary facilities and equipment to carry out these missions.
(b) Special provisions:
The concessionaire shall keep Weather-France informed of any action taken on the aerodrome that may affect the reliability of meteorological observations and shall, where appropriate, take all necessary measures to ensure compliance with the meteorological installations protection servitudes of air navigation security.
The concessionaire makes available free of charge to Meteor France the land for the installation of the meteorological parameters measuring equipment necessary for the regulatory meteorological service prescribed by the State concerning the operation of the aerodrome.
On request from Météo-France, the concessionaire ensures:
― the provision of normal and emergency electrical energy for its observation equipment relating to the operation of the aerodrome;
– the connection to the internal telecommunications networks of the aerodrome and allowing interconnection with the concessionaire's systems and those of the air navigation service provider.
(c) All benefits under this section are subject, with the exception of those for which the gratuity is expressly provided, to compensation in excess of the costs incurred by the concessionaire and defined in application agreements.
Rule 45
Audit administration
Borders and Public Security
(a) General provisions:
The concessionaire makes available to the State services responsible for border controls and security in the parts of the aerodrome open to the public the land, premises, parking spaces and, where applicable, the strictly necessary arrangements for the exercise of their missions relating to the operation of aerodromes. It ensures cleaning, lighting and climate comfort.
Upon request from the services concerned, the concessionaire provides the services associated with the occupied premises, such as those related to guarding, maintenance, fluids and telephone equipment. These benefits are paid at a maximum of the costs incurred by the concessionaire and defined in the application agreements.
(b) Consultations:
When it comes to border control activities, the various layouts and signalling elements required for the movement of travellers and those awaiting them are the subject of prior consultation between the concessionaire and the services responsible for these activities. During the programming of new facilities, border control services are consulted on the location and design of the premises integrated in these facilities and dedicated to the missions provided by them.
Rule 46
Foreign affairs
At the request of the Minister of Foreign Affairs, the concessionaire shall make available to personalities whose list is established by the Minister the appropriate premises for their reception and, where appropriate, the associated services. The corresponding costs are borne by the State.
Rule 47
Other State administrations
Under the conditions provided for in Article 48, the concessionaire shall make available to other State services the land, buildings, premises, fittings and parking spaces necessary for the exercise of their missions on the airfield.
Rule 48
Conditions of occupation of other premises
and parking lots
Unless otherwise provided in sections 42 to 47, the concessionaire shall provide, to the extent of sufficient availability and the vocation of the aeronautical public domain, the premises and parking spaces requested by the State services and shall, in this case, receive:
a financial contribution covering the investment or development expenses to be made, as well as the related operating expenses;
- the payment of an occupancy fee to the general conditions and scales established for premises of the same nature in the analogous buildings of the aerodrome;
either a combination of both where the above-mentioned financial contribution partially covers investment or development expenses, as well as related operating expenses.
However, in the event that these parking spaces or parks are required for the missions of these services relating to the operation of the aerodrome, these charges cannot exceed the direct costs incurred by the concessionaire.
Rule 49
Withdrawal of some land
If land of the concession proves to be necessary for the exercise of State missions or public institutions relating to the operation of the aerodromes, they may be withdrawn from the concession by decision of the Minister for Civil Aviation with the payment of compensation for the concessionaire repairing the material, direct and certain damage suffered by the concessionaire.
Rule 50
Emergency plans
In the event of an emergency and at the request of the State services, the concessionaire shall immediately make available to them the necessary facilities and services of the concession, including outside the opening hours, and shall take all necessary measures to respond to requests for public information.
Rule 51
Improvement and quality control
The concessionaire defines a program for the development and quality control of the various services under its operation, updated each year, to which it associates its suppliers, subcontractors and companies operating on these aerodromes to promote the improvement of the overall quality of services rendered to passengers, the public and air carriers. It promotes, for this purpose, consultation with State services acting on the platform.
The quality development and control program is presented annually in the record set out in a of section 75. These include the translation of the results of the concessionaire ' s audits.
Program elements and audit results are made available to the Minister for Civil Aviation and the Director of Civil Aviation.
Rule 52
Quality measurement
I. ― For NA, until the opening of NDDL, and then for NDDL, the concessionaire undertakes, in the case of multi-year contracts referred to in section L. 6325-2 of the Transportation Code, on quality objectives of services rendered to passengers, the public and air carriers.
The concessionaire implements and operates a service quality information system. This system consists of indicators measuring the reliability and availability of airport facilities and services that the concessionaire provides to passengers, the public and air carriers, as well as the satisfaction of users.
The information system also covers the services rendered by the companies to whom the concessionaire has entrusted part of its missions. It may also carry, as appropriate and distinctly, certain airport services or activities that do not fall within the scope of the concessionaire ' s missions.
At the request of the Ministers responsible for civil aviation and economics and in the event that significant aspects of the quality of airport service would not be translated into the above-mentioned information system, the concessionaire shall, within the time frames established by the same Ministers, implement one or more indicators to remedy it.
The main results that emerge from this information system are presented in the record set out in a of section 75. The elements of the information system are also made available to the Minister for Civil Aviation and the Director of Civil Aviation in appropriate forms to conduct external audits.
The quality of service objectives contained in the multi-year contracts referred to in Article L. 6325-2 of the Transport Code are established and measured on the basis of the information system provided for in this section.
II. ― For SN, the concessionaire defines, within two years of the entry into force of the concession and in consultation with interested users, indicators reflecting the quality of the services rendered.
The concessionaire shall inform the Minister for Civil Aviation and the Director of Civil Aviation of the definition and method of identification of these indicators upon adoption. It shall be made available to them the appropriate quality of service measures.
Rule 53
Claims and user comments
The concessionaire puts users in a position to express, in writing, electronically or with an agent authorized to represent the concessionaire, their claims or observations on the services rendered by the concessionaire or the undertakings related to it by contract. The means offered are brought to the attention of users.
The concessionaire shall follow up on these claims and observations and any action taken thereon. Each year, he shall draw up an assessment that is incorporated in the record referred to in a of Article 75.
In the event that the concessionaire receives claims concerning the services of the State, it transmits them to these services.
Rule 54
Environmental approach
The concessionaire adopts and implements an environmental management system for its activities. This management system must be certifiable.
The concessionaire takes into account the environmental impact of the activity of its suppliers, subcontractors and establishments located on the aerodrome, by introducing environmental clauses in the contracts it passes with them.
The concessionaire puts in place a business travel plan for all companies present on the platform with the aim of reducing the use of particular vehicles and promoting the use of soft modes.
Rule 55
Public information on environmental impacts
The concessionaire ensures the appropriate dissemination of environmental information on the aerodromes concerned and publishes annually the results of the measures it undertakes on the noise damage caused by aircraft, air pollution, water pollution and waste produced by their activity. To this end, the air navigation service provider and Meteorology-France communicate, each with respect to it, to the concessionaire the information necessary to operate the noise measurement and track tracking systems.
The concessionaire implements a policy of communication with residents on the environmental and economic impacts of the aerodromes concerned. In particular, it provides an information and exchange venue for the public on the environmental issues of airports.
It investigates requests for information and claims from residents who do not fall within the jurisdiction of the air navigation service provider.
Rule 56
Mutual information of the concessionaire
and air carriers
The concessionaire and air carriers serving the aerodromes concerned are mutually reinforcing, at least once a year, the actions and policies of insertion into the environment they conduct.
Rule 57
Application of environmental regulations
The concessionaire ensures the implementation of the noise, air pollutants and discharges of rainwater and sanitation prescribed by the regulations.
Rule 58
Aerodrome development
and easements plans
I. ― The Minister for Civil Aviation may set out the main directions for the development of the infrastructure and facilities of NDDL and SN aerodromes, in particular with regard to the runways, main traffic routes for aircraft, installation areas and the main features of the aeronautical and radio releases required by their operation and which are then binding on the concessionaire.
At the request of the Minister for Civil Aviation or on his or her own initiative, the concessionaire updates the general composition patterns that specify, as part of the above-mentioned orientations and, where applicable, at different stages of aerodrome development, the location and size of the various infrastructure and facilities. These updates are approved by the Minister for Civil Aviation.
The initial general composition of LDSS is defined in the documents listed in Appendix 8.
The general composition of NDDL includes reservations for the future Nantes–Rennes railway link and the tram-train project. In the event of the completion of these projects, the concessionaire is not entitled to any compensation for operational disruptions that could result in, with the exception of compensation for operating losses directly caused by these projects and duly justified beyond a deductible, by operation, of 3% (three per cent) of the annual non-tax revenue of the concessionaire calculated the year prior to the commencement of the work. It is understood that the costs incurred by the concessionaire are excluded from operating losses for the latter's follow-up to the operations. The concessionaire is not entitled to any compensation for the re-enactment of the works carried out in the reserved right-of-way, except for works that cannot be positioned out of this right-of-way, explicitly listed in the original general composition scheme of NDDL, including runways, taxiways and main-service routes inside the aerodrome.
For each operation, agreements are concluded between the owner, the owner and the concessionaire to organize between the parties the conditions of these operations. The concessionaire ensures the mastery of work and the financing of volumes, equipment and interfaces to ensure the direct connection of passengers between the station of the future Nantes–Rennes railway link and the terminal, in accordance with the general composition scheme. The railway superstructures are carried out and financed by the rail line master.
II. ― The concessionaire is consulted in the development of easements plans for the activity of aerodromes.
Rule 59
Investments imposed by the Minister
Civil Aviation Officer
I. ― The Minister for Civil Aviation may impose, on an exceptional basis, on the concessionaire, after consultation with the concessionaire and under the conditions of II and III of this section, an investment transaction necessary to comply with the obligations of the concessionaire under this terms of reference or under legislative or regulatory provisions, in particular for the satisfaction of the needs of users in the required security and safety conditions.
II. ∙ The Minister for Civil Aviation and the concessionaire shall work together to determine the conditions for compensation for the financial consequences of the investment transaction, in accordance with the following provisions:
1° If this is an investment made for the needs of the State services pursuant to Chapter V of Title III of this Terms of Reference and unless the gratuity is expressly provided for therein, it shall be taken into account the financial implications of this investment, including the related financial costs, for the establishment of financial contributions to the concessionaire, which are mentioned in this chapter;
2° In other cases and unless otherwise stipulated by a contract entered into pursuant to section L. 6325-2 of the Transportation Code, it shall be taken into account for the establishment of fees for services rendered referred to in section R. 224-1 of the Civil Aviation Code of the operating, amortization and remuneration of the capital induced by the realization of the investment transaction, deducted, if any, from the last revenues
In the event that the investment transaction would substantially alter the balance of an ongoing contract entered into pursuant to section L. 6325-2 of the Transportation Code, an entrant to the contract is concluded to take into account, in the establishment of royalties, the financial consequences of the transaction.
III. ― The Minister for Civil Aviation shall notify the concessionaire, by registered letter with notice of receipt, of the nature of the investments to be made and the principles of taking into account the financial consequences. He asks the concessionaire to provide, within a time frame, a programme for carrying out the related work.
The Minister for Civil Aviation shall, in the light of this program and after consultation with the concessionaire, establish the work to be carried out and their schedule of execution and the terms and conditions of financial compensation, which he shall notify the concessionaire by letter with notice of receipt.
Rule 60
Workplan
Any work on the creation, development or rehabilitation of runways, traffic routes, parking areas, any work that is subject to a building permit, or any construction or alteration of work or installation shall, unless expressly granted by the Minister for Civil Aviation, be compatible:
(a) With the documents established pursuant to Article 58 of this Terms of Reference;
(b) With aeronautical and radioelectric servitudes;
(c) With free barriers surfaces or with obstacle assessment surfaces related to precision approaches;
(d) With the operation of radio equipment of air navigation;
(e) With the execution of the regulatory meteorological service prescribed by the State concerning the operation of the aerodrome.
They must not degrade the operating conditions of the air navigation services.
The concessionaire shall keep informed the Director of Civil Aviation, with a notice of at least three months before their commencement, which may be reduced in the event of an emergency, of any work projects that may affect the exercise of the missions of the State services, including on the areas of movement, or may have consequences for airport security or security. In this period, the Director of Civil Aviation may make proposals and recommendations or, where appropriate, require amendments to the nature of the work, its schedule and its phasing, as well as the methods of execution. The concessionaire informs the Director of Civil Aviation, within eight days, of the actions he intends to give to his proposals and recommendations.
Rule 61
Investment files
If the concessionaire envisages the realization of a project whose non-taxable amount exceeds 20% of the total annual turnover of the last known fiscal year as it appears in the report submitted by the concessionaire under c of section 75, or that derogates from the general composition scheme and its architectural and landscape party, it submits for approval to the Minister for Civil Aviation, prior to the commencement of operations, an investment record. This file specifies the nature and consistency of the project, its location, objectives pursued, its impact on the operation of the platform and an estimate of its cost. It is completed, at the request of the Minister for Civil Aviation, by the corresponding draft summary.
In the absence of a response from the Minister for Civil Aviation within three months, the approval of the Minister is deemed to be acquired.
The provisions of this section do not apply to the conduct of the NDDL aerodrome.
Rule 62
Dealer contracts
The concessionaire's contracts are subject to the advertising and competition procedures provided by theOrder No. 2005-649 of 6 June 2005 relating to procurement by certain public or private individuals not subject to the public procurement code.
Beginning five years after the NDDL was put into service, this obligation applies even in cases where they have moved with a business connected to the meaning of section 29 of that Order.
Rule 63
Occupation of real property
The contracts that the concessionaire concludes for the occupation of real property in the airport perimeter are passed under the conditions set out in Article 11 II and must be compatible with the exercise of the airport public service and its predictable developments.
If the development of the airport public service makes it necessary that it be put to an early end to an occupation contract entered into by the concessionaire, the cost of eviction of the occupant, in any form, is taken into account for the establishment of the royalties referred to in section L. 6325-1 of the transport code only to the extent that their determination had previously taken into account revenues resulting from the said contract.
Rule 64
Equipment not related to airport public service
The concessionaire shall communicate to the Minister of Civil Aviation and to the Director of Civil Aviation and, under the conditions provided for in section 18, to the air carriers, at least three months before any undertaking on its part, the equipment operations, representing a built area greater than 3,000 m2, which it intends to undertake or which it intends to authorize the realization by a third party and which are foreign to the airport public service. It must establish on this occasion that these projects do not have an impact on the exercise of public service and that they are consistent with its foreseeable developments.
These operations cannot result in making the use of the airport public service more expensive.
Rule 65
Rights and obligations of the concessionaire
for public utility
When the performance by the work concessionaire that, without being included in the initial public utility declaration dated 9 February 2008, is of a general interest, requires prior acquisitions through expropriation, the concessionaire shall notify the Minister for Civil Aviation and the Director of Civil Aviation. It may include this notification of the request to be assigned by the Minister for Civil Aviation as expropriating. In the absence of a response within two months, this quality is recognized. The concessionaire may apply to the competent administrative authority to conduct the public utility declaration procedure
Rule 66
Capacity of airport infrastructure
The concessionaire maintains a state of the capacity of the various airport facilities. In the case of a coordinated aerodrome within the meaning of the amended Regulation (EEC) No. 95/93 above, this condition is adapted to the needs of coordination.
The material collected is made available to the Minister for Civil Aviation and the Director of Civil Aviation.
They contribute to the determination of capacity investment programs in the contracts referred to in Article L. 6325-2 of the Transportation Code.
Except in the event of an emergency, the concessionaire is required to inform the Minister for Civil Aviation and the Director of Civil Aviation prior to any substantial, permanent or interim modification of the capabilities of airport facilities. It also informs interested users.
Rule 67
Concession resources
I. ― The concessionaire receives the proceeds of the royalties referred to in sections L. 6325-1 of the Transportation Code and R. 224-1 and following of the Civil Aviation Code.
The royalty rates for NA and SN on the effective date of this Agreement are listed in Appendix 16. Their evolution is determined under the conditions provided by the Transport Code and the Civil Aviation Code. Forecasting of the weighted average of passenger fees is shown in Appendix 17.
II. ― The concessionaire receives the product of the taxes that are assigned to it.
III. ― The concessionaire receives the grants allocated for the construction of the NDDL aerodrome or for the exercise of the missions provided for in this terms of reference, as well as those paid under legislative or regulatory provisions.
IV. ― The concessionaire shall receive the product of any other service that it is required to provide in the course of its mission, whose prices are fixed freely, subject to the provisions of this specifications.
V. ― It is authorized to collect the proceeds of royalties relating to the use and occupation of the granted domain. It fixes the amount of these royalties. It will not be able to claim any land royalties for the occupation of the domain granted by the tram-train and the Nantes–Rennes railway.
VI. ― The concessionaire shall receive the allowances for the exercise of the duties of the present terms of reference due by third parties.
VII. ― The concessionaire receives the proceeds from the disposal of the property of the concession and affects them fully to the concession.
Rule 68
State redevance and return to better fortune
I. ∙ State redevance:
As part of this agreement, the concessionaire pays annually to the grantor a royalty, consisting of a fixed part and a variable part, depending on the revenues it derives from the occupation by the third parties of the granted domain.
The first term of the fixed part is six (6) euros per hectare granted. Each next term is calculated from a rate per hectare that is updated in the same proportions as the annual development of the INSEE National Construction Cost Index. This evolution is measured by the second quarter index of the previous year.
The variable share is the recipes drawn by the concessionaire of occupation by third parties of the conceded domain (fixed part and variable part of royalties due by these third parties). The scale for the different income brackets is as follows:
| Inferior to 7 500 000 euros HT | 0.10 per cent |
| Includes between EUR 7,500,000 and EUR 15,000 | 0.15 per cent |
| Includes between 15,000 and 22,500 000 euros HT | 0.20 per cent |
| Higher to 22 500 000 euros HT | 0.25% |
Rule 69
Taxes and taxes
The concessionaire supports the charge of all taxes and taxes, to which the land, works, buildings and facilities granted, including those established on behalf of the State are subject. It supports taxes and taxes, which may be payable because of the activities provided by the concession.
Each year, the concessionaire shall provide the grantor, as part of the annual report, with a certified copy of the certificates issued by the competent authorities certifying that it has paid taxes and social expenses.
Rule 70
Bank guarantees
I. ― The concessionaire shall, within fifteen days of the application referred to in Article 78, constitute a bank guarantee, the amount of which shall be fixed by the Minister for Civil Aviation in a manner proportionate to the precautionary measures prescribed under that section and within a twelfth of the turnover of the last known fiscal year of the concession.
II. ― In order to ensure the reinstatement of the works and facilities of the concession on the expiry date of the concession, the concessionaire shall, in the year following the notification provided in the third paragraph I of Article 83, constitute a guarantee of a total amount equal to the forecast cost of the programs concerned.
This guarantee is the subject of partial and successive release each year. These are proportional to the cost of the actual work carried out by the concessionaire in accordance with the maintenance and renewal programs and within the limit of their forecast amount. The completion of each annual maintenance and renewal work is the result of the establishment of a contradictory report between the concessionaire and the Director of Civil Aviation for partial release.
III. ― In order to guarantee the good condition of the works and facilities of the concession in the event of the redemption of the concession by the State, the concessionaire shall, within two months after the receipt of the notification provided for in article 81, guarantee an amount equal to the average cost of annual maintenance of all the works of the concession.
This average cost is calculated from the annual costs, updated on the basis of the INSEE Construction Cost Index, found in the last ten years known as the date of the aforementioned notification. It is equal to the average of the five-year costs with the highest discounted costs.
This guarantee shall be released from custody upon the establishment of the notice of receipt referred to in Article 81 III or, in case of receipt with reservation, upon the withdrawal of reservations.
IV. ― The above-mentioned guarantees are constituted in the form of first-demand guarantees issued by registered financial institutions under the terms of section 102 of the Public Procurement Code.
Rule 71
Accounting for concededed activities
The concessionaire shall establish accounts of the concession by, where appropriate, distributing common expenses, products, assets and liabilities to accurately reflect the organization and financial structure of the concessionaire.
The concessionaire ' s accounts are established according to the rules applicable to public service concessions.
Rule 72
Analytical accounting
The concessionaire puts in place and operates an information system and an analytical accounting of its various activities that identify, inter alia, by aerodrome, the perimeter referred to in Article R. 224-3-1 of the Civil Aviation Code and that of the airport public services referred to in Article R. 224-1 of that Code.
This information system must be used to establish, on the one hand, situations that highlight the operating goods and expenses as well as capital assets and an estimate of the working capital requirement associated with each of the above-mentioned perimeters and, on the other, the method used for their imputation or distribution between these perimeters by accurately reflecting the financial structure and organization of the concessionaire. With the exception being duly motivated, this method is identical from exercise to exercise.
These situations are certified annually by an independent agency selected by the concessionaire on the advice of the Minister for Civil Aviation. This certification shall result in the preparation of a report, not later than thirty (30) days after the approval of the concessionaire's accounts, to the ministers responsible for civil aviation and the economy.
The elements of the information system and accounting data are held at any time at the disposal of the same ministers in appropriate forms for external audits.
Rule 73
Insurance obligation
The concessionaire is guaranteed against the monetary consequences of civil liability that may be borne by the concession.
The concessionaire guarantees against the risk of damages that may affect the facilities granted and guarantees the State against the use of third parties. In the event of a loss, the concessionaire uses compensation to replenish the affected property.
The concessionaire requires the occupants of the conceded domain who have not joined the policies subscribed by it to justify insurance equivalent to those required to contract.
The concessionaire will provide to the State within thirty (30) days of their conclusion, and whenever the State so requests, copies of the certificates of insurance policies signed, certificates of renewal, possible amendments, delegations of these policies and the proof of payment on good date of the corresponding premiums.
The concessionaire ensures that the benefits payable under the insurance policies subscribed in the event of a loss occurring at the NDDL aerodrome are at least equal to the cost of reconstruction or replacement to nine of these assets.
The concessionaire is committed to rebuilding or replacing nine of the assets, facilities and equipment affected by the above-mentioned allowances in an exclusive and priority manner.
The concessionaire shall ensure against any risks that may jeopardize its liability for third parties, users and employees as a result of its occupation of the premises, work undertaken, the existence and operation of the works and equipment. The warranty is unlimited for bodily harm. The concessionaire is required to subscribe, with a notoriously solvent company, all the necessary insurance for the operation of the delegated service, including:
― "civil liability" insurance in the sense ofArticle 1382 of the Civil Code ;
― damage insurance, ensuring the furniture and real estate necessary for the delegated service, including dependencies of the delegated public domain;
– all necessary construction insurance policies in accordance with the provisions of the Act No. 78-12 of 4 January 1978 relating to liability and insurance in the field of construction and carry out all formalities to meet the obligations of the insured as a result of theAnnex II to Article A. 243-1 of the Insurance Code.
All insurance policies must expressly include a general and total waiver of appeal against the grantor and its insurers. The insurance policies that the concessionaire subscribes may contain a special clause to extend the benefit to the occupants of the delegated public domain, on their request and with the payment to the concessionaire of a particular royalty. The concessionaire requires the occupants of the delegated domain who have not adhered to the policies subscribed by the concessionaire to justify a particular insurance that meets the obligations of this section.
Insurance policies must, each with respect to it, be subscribed prior to the start of the missions they aim for. The dealer must be up to date at any time of his insurance contributions. The various insurance policies are produced on a request from the grantor. However, these communications will not in any way be held liable to the assignor for the event that, in the event of a claim, the extent of the guarantees or the amount of such assurances would be insufficient or if, for any reason, an insurer would have to refuse its guarantee. In general, the concessionaire will be solely responsible for its own lack of insurance or payment of related contributions.
For the purpose of this contract, a risk is deemed to be non-insurable either when it is not or ceases to be covered by insurance policies issued by notoriously solvent insurers on the European insurance market, for a reason not attributable to the concessionaire, or when the increase in the amount of the premium would result in a significant impact on the economic balance of the concessionaire, or when the change of the concessionaire
As long as a risk is unsurable, the concessionaire shall notify the State in writing as soon as possible and, in any event, at least thirty (30) days before the date of expiry of the insurance policy covering the risk.
As soon as it has been warned of the uninsurable nature of a risk, the State has the power to:
(a) Either to terminate this contract under the conditions of Article 81 I;
(b) Either continue the performance of the contract by unloading the concessionaire of its correlative insurance obligations. As a result, the occurrence of a claim arising from a risk not covered by an insurance policy because of its non-insurable character is assimilated by the parties to an event that falls under unrevision that is entitled to the implementation of the mechanism provided for in Article 74 I and, where applicable, Article 81 I.
If a non-insurable risk becomes insurable, the dealer must immediately subscribe to an insurance policy to cover the risk.
Rule 74
Imprevision, force majeure and new regulations
I. ― In the event of an unforeseeable event, in order to change the economic balance of the concession, the Minister for Civil Aviation and the concessionaire agree to meet with each other with a view to agreeing on the measures, including tariffs, necessary to restore the economic balance of the concession, including the service of external private financing and the related instruments of coverage of the concessionaire vis-à-vis its creditors.
Following such a meeting, one of the parties may request a review under the following conditions:
Any request for review must be made by registered letter with acknowledgement of receipt, the parties agreeing to meet within (1) one month of receipt by the recipient of the request.
Before any judicial remedy, the difficulties in applying I of this article give rise to a proposal for conciliation under the conditions of Article 94.
II. ― No party to the concession contract shall be liable for failing to fulfil or for having made an obligation under this terms of reference lately, since such failure or delay results directly from events presenting the characteristics of force majeure, that is, outside the parties, unpredictable and irresistible.
If the concessionaire invokes the occurrence of a force majeure event, it shall promptly notify the grantor in writing, specifying the reasons for its decision. The grantor shall notify the concessionaire within two months of its decision on the merits of the claim and, where applicable, the effects of the event in question.
If the grantor invokes the occurrence of a force majeure event, he or she shall notify the concessionaire in order to collect his or her comments, which he or she shall communicate within two months. At the end of this period, the grantor shall notify the concessionaire of its decision on the existence and effects of the force majeure event.
In each of the hypotheses referred to in the two preceding paragraphs, following the State's notification of its decision, the parties are approaching to consider the measures, including tariffs, necessary to allow the concessionaire to resume the performance of the contract, in particular in order to ensure, where appropriate, the concessionaire's external private financing service and related coverage instruments vis-à-vis its financial creditors.
The party calling for a force majeure event shall, as soon as possible, take all reasonable measures to mitigate its impact on the performance of its obligations.
The party that, by action or omission, would have seriously aggravated the consequences of an event presenting the characteristics of force majeure is only justified invoking it to the extent that the event would have caused if that action or omission had not taken place.
Apart from the circumstances and conditions expressly provided, no party shall be relieved of its obligations because of impossibility of execution or the occurrence of circumstances or events beyond its control.
III. ― In the event that a new regulation specific to the airport sector, including an amendment to the transportation code or the civil aviation code, or having a direct connection to the object of this contract to the commission of NDDL, would have the effect of significantly modifying the general economy of the contract or would lead to a modification of the APS contained in Annex 11, the grantor and the concessionaire agree to meet with each other in order to stop the agreement
IV. ∙ First of all legal remedies, the difficulties in applying I, II and III of this article give rise to a proposal for conciliation under the conditions of Article 94.
Rule 75
Information to be provided
(a) Information on infrastructure and public service delivery:
Prior to September 1, each year, the concessionaire shall provide the grantor with a record of the performance of its public service missions for the past year. This record includes an analysis of the quality of service as part of the provisions of sections 52 and 53, as well as, with respect to the operations related to the aerodrome's capacity, the assessment of the investments made and a forecasting programme of the investments for the next five years, detailed by operation and including the associated cost schedules. The record also includes a presentation of the actions undertaken by the concessionaire for the insertion of aerodromes in their environment and the update of the file of the works carried out.
The concessionaire maintains a database of the property made by the concessionaire since the entry into force of the concession as well as of the property realized by the holders of the authorizations or temporary occupation agreements that constitute real rights in the public domain of the State. This database includes updated plans in electronic version. The grantor may request the transmission of all or part of this database annually.
(b) Traffic data:
The concessionaire shall periodically provide, in the forms and periodicity established by order of the Minister for Civil Aviation, data relating to commercial and non-commercial air traffic and statistical information relating to the operation of the services it provides under this terms of reference.
(c) Financial information:
Without prejudice to the applicable provisions of the Transportation Code and the Civil Aviation Code, the concessionaire communicates annually to the Ministers responsible for civil aviation and economics, by 1 September, a report covering the previous accounting year, including:
1° The social and consolidated accounts and their annexes;
2° The concessionaire's activity report and the reports of the auditors;
3° The specific accounts of the concession;
4° With respect to the scope of activities referred to in Article R. 224-3-1 of the Civil Aviation Code and with respect to the activity relating to the airport public services referred to in Article R. 224-1 of the same Code, the following elements derived from the analytical accounting referred to in Article 72: the operating result account, capital expenditures and, where applicable, capital capital capital capital capital subsidies, the constituent elements These elements are complemented by the intermediate management balances and the financial ratios defined by decrees of the ministers responsible for civil aviation and the economy.
Each year, the Minister shall transmit to the same Ministers a forecast financial study to inform them of the financial and accounting balance of the contract, including, for the next five years and for the remaining period of the concession:
- an assessment;
- an outcome account;
a cash plan;
the evolution of equity and debt;
- the intermediate balances of management and the financial ratios defined by decree of ministers responsible for civil aviation and the economy.
(d) Information on contracts with related companies:
The concessionaire shall inform each year the grantor, within the same period as the one mentioned in the above, of the economic conditions of the contracts or consistent sets of contracts, whose value estimated excluding the value added tax exceeds 130,000 € (value 2005, indexation according to the index of non-smoking prices of the month of July), that it signs, within the scope of activities referred to in article R. 224-3-1, of the code of meaning III of Article 29 of Order No. 2005-649 of 6 June 2005 relating to procurement by certain public or private individuals not subject to the public procurement code.
These economic conditions are, in particular, assessed on the basis of similar contracts passed by the concessionaire with third-party companies and, where applicable, with the prevailing situation within the concession for the activity previously concerned at the conclusion of this contract.
Rule 76
Procedures for the control of the administration
The enforcement of the concessionaire's obligations under this terms of reference is ensured by the authorities, services and agencies designated for this purpose by the Minister for Civil Aviation and, where appropriate, by the Minister for Economic Affairs or by persons mandated by the same ministers. This control can be performed on parts and on site.
The concessionaire lends its support and provides any necessary documentation for control.
Rule 77
Penalties
I. ― The provisions of this article shall apply without prejudice to the specific provisions of heading II of the present terms of reference.
II. ― The following breaches of the obligations imposed by this specifications are subject to penalties, under the following conditions:
1° In the event of a lack of production of all or part of the information or documents provided for in this Agreement to a, c or article 75 reported in writing by the grantor, a lump sum penalty of €10,000 (€10,000) (value 2011 indexed according to the index of non-smoking prices of the month of July) per calendar day of delay is applied within the limit of a ceiling of €30 000 (three months)
2° In case of non-compliance with the 5% ceiling per year of movements under unused operating conditions, a lump sum penalty of 0.1% of turnover is applied.
These penalties will be imposed by the Minister of Civil Aviation.
These penalties are recovered as the claims of the foreign state to tax and domain.
III. ∙ The breaches of the obligations imposed by the present terms of reference other than those referred to in the II of this article are the subject of written notices. These findings are notified to the concessionaire by the Minister for Civil Aviation. They are accompanied, if any, by a notice to remedy these breaches within a time limit set by the Minister.
When this stay is not followed by any effect within that period or in the event of a further failure, the Minister for Civil Aviation shall refer the panel of experts referred to in the last paragraph of this III, which shall issue a notice of the action to be taken. The dealer must be aware of all elements of the file. He must be able to be heard by the college before the College issues his opinion and be represented or assisted by the person of his or her choice.
The Minister for Civil Aviation may, taking into account the nature and seriousness of the breach, the eventual circumstance of recidivism and, where applicable, the benefits derived from it, after the advice of the Panel of Experts, require the concessionaire to pay a financial penalty. The cumulative amount of these penalties cannot, each year, exceed 2% of the last known turnover of the concession. No penalty may be required more than two years after the finding of a breach.
These penalties are notified to the dealer. They may be subject to full jurisdiction before the administrative tribunal of the place of the aerodrome. Penalties are recovered as the claims of the foreign state to tax and domain.
The Minister for Civil Aviation is a panel of experts with three members presenting any guarantee of impartiality. This College, whose Minister for Civil Aviation sets out the rules of procedure, is responsible for examining the findings of breach of the obligations of this Terms of Reference and of the concession agreement, and for issuing an opinion on the actions to be taken.
IV. ― Penalties paid by the concessionaire under both II and III are not taken into account for the establishment of the royalties referred to in section L. 6325-1 of the Transportation Code.
Rule 78
Conservation measures in construction phase
and Operation
I. ― NDDL aerodrome construction phase:
In the case of a serious breach by the concessionaire of the obligations imposed by Title II of this Terms of Reference, the Minister for Civil Aviation may, after reinstatement by registered letter with notice of receipt before the expiry of a time limit that he or she sets, prescribe any precautionary measures to ensure the further construction of the NDDL aerodrome.
II. ― Aerodrome Operation Phase:
In the case of a serious failure of the concessionaire to the obligations imposed by this notice of charges impeding the continuity of the public service, the Minister for Civil Aviation or the holder of the police power referred to in Article L. 6332-2 of the Code of Transport may, each for the purpose of it, after remediation, with an appropriate time to the nature of the breach and the emergency, addressed by registered letter with This stay may be accompanied by a request to establish a bank guarantee provided for in Article 70 I of the terms of reference.
III. ― Guarantees for interim measures in the construction and operation phase:
The provisional measures provided for in I and II shall be carried out, at the expense of the concessionaire, by the services of the State or entrusted by them to a third party.
In the absence of payment by the concessionaire of the costs exposed by the State, the State may carry out the mobilization of the guarantee provided for in Article 70 I or may, by exception to Article 67 of this notice of charges and by authorization of a joint decree of the ministers responsible for civil aviation, the economy and the budget, all or part of the royalties mentioned in this same article.
IV. ― The precautionary measures carried out directly by or entrusted by the State to a third party under the application of Article 78 shall not be exercised for a period of more than six consecutive months. Beyond six consecutive months, if the concessionaire has not demonstrated its ability to resume the performance of its contractual obligations, the grantor may award the termination of the concession contract under Article 82 I.
Rule 79
Duration of the concession
The term of the concession is 55 years from the date of entry into force of the contract.
Rule 80
Denunciation for the benefit of the concession
I. ― The concession may be terminated at any time by agreement between the Minister for Civil Aviation and the concessionaire.
II. ― The waiver is approved in the same form as the one used to grant the concession.
Rule 81
Termination and redemption of the concession
I. ∙ Termination:
In the event that, as a result of the occurrence of an event defined in I or II of section 74, the disruption of the economic balance of the concession extends or is likely to necessarily extend more than twelve (12) months, the concession contract may be terminated by joint decree of the ministers responsible for civil aviation, the economy and the budget or, at the request of the concessionaire, by the jurisdiction referred to.
In the event of termination of the concession contract pursuant to the preceding paragraph, the State shall pay to the concessionaire an allowance corresponding to the damage suffered by the concessionaire as a result of termination, indemnity the amount of which, net of taxes due to the collection of the said allowance and after taking into account any deductible expenses, is equal to the entirety:
(a) Outstanding external private financing;
(b) Costs or, where applicable, break-up gains in coverage instruments;
(c) From the stock of the equity and quasi-funds of the shareholders;
(d) Reasonable and justified costs of possible termination of contracts relating to external private financing and external relay financing for which reimbursement is to be financed by persons directly or indirectly holding a fraction of the social capital or voting rights of the concessionaire;
(e) The amount of reasonable costs incurred and duly justified by the concessionaire for the early termination of contracts with its contractors.
The reasonableness of the termination costs referred to in subparagraphs (d) and (e) is assessed in respect of the market conditions prevailing at the time of the signing of the contracts referred to in those paragraphs.
The allowance is increased, if any, of the VAT to be paid to the public treasury by the concessionaire. It is paid within three months of termination.
II. ― Purchase of the concession and termination for reasons of general interest:
The State may, if the general interest justifies it, redeem or terminate the concession by joint decree of the ministers responsible for civil aviation, the economy and the budget. In addition, the State may redeem the concession on January 1 of each year from the tenth year following the commission of NDDL. This redemption can only be effected on the first January of each year, with a notice of one year duly notified to the concessionaire.
In case of redemption or termination, the concessionaire is entitled to an allowance equal to the total amount:
(a) Outstanding external private financing;
(b) Costs or, where applicable, break-up gains in coverage instruments;
(c) From the stock of clean funds and near-clean funds actually injected before the date of termination by the shareholders of the concessionaire;
(d) The shortfall in the stock of clean funds and near-clean funds injected prior to the date of termination by the shareholders of the concessionaire as set out in Schedule 18 and then increased the corporate tax at the current legal rate, provided that the term will be zero if its calculation results are negative;
(e) Reasonable and justified costs of possible termination of contracts relating to external private financing and external relay financing for which reimbursement is to be financed by persons directly or indirectly holding a fraction of the social capital or voting rights of the concessionaire;
(f) The amount of reasonable costs incurred and duly justified by the concessionaire for the early termination of contracts with its contractors.
The reasonableness of the termination costs referred to in subparagraphs (e) and (f) shall be appreciated in respect of the market conditions prevailing at the time of the signature of the contracts referred to in those paragraphs.
The default is calculated as follows:
A. ― If termination or redemption occurs prior to the second anniversary of the NDDL's effective date referred to in I of section 4.D, the missed gain is equal to the highest of the following two values plus corporate tax at the current legal rate:
(i) The total amount of the net present value (VAN) of future flows (inputs, remunerations and refunds) of clean and quasi-substantiated funds, as shown in the funding plan set out in Appendix 12 from the date of termination and until the theoretical normal end of the concession contract, updated at the rate of x% + 4%, x being equal to the rate of the equivalent residual obligation of the CRF
(ii) The total value of the net present value (VAN) of future flows (inputs, remuneration and refunds) of the clean and quasi-substantiated funds, as evaluated to say expert from the date of termination and until the normal theoretical end of the concession contract, updated to the rate of x% + 4%, x being equal to the rate of the assimilated life of the Treasure (OAT)
B. ― If the termination or redemption occurs after the second anniversary of the NDDL's effective date referred to in I of section 4.D and before the 31st year after the concession comes into force, the missed gain is equal to the highest of the following two values plus corporate tax at the current legal rate:
(i) The total amount of the net present value (VAN) of future flows (inputs, remunerations and refunds) of the clean and quasi-substantiated funds, as shown in the funding plan set out in Appendix 18 from the date of termination and until the theoretical normal end of the concession contract, updated at the rate of x % + 3%, x equal to the rate of the equivalent residual obligation of the Treasure
(ii) The total amount of the net present value (VAN) of future flows (inputs, remuneration and refunds) of the clean and quasi-substantiated funds, as evaluated to say expert from the date of termination and until the normal theoretical end of the concession contract, updated to the rate of x % + 3%, x being equal to the rate of the assimilated life of the Treasure (OAT)
C. ― If termination or redemption occurs from the 32nd year following the entry into force of the concession, the missed gain is equal to the totality of the net present value (VAN) of future flows (inputs, remunerations and refunds) of the equity and quasi-substantiated funds, as evaluated to say expert from the date of termination and to the end
The above compensation is increased, if any, of the VAT to be paid to the Public Treasury by the concessionaire.
It is paid by June 30 of the year of redemption.
In the event of termination, the concessionaire is entitled to compensation, payable for 30% on the date of termination and for the remaining 70% within six (6) months of termination.
III. ― The concessionaire gives the state back goods in good condition of maintenance. These discounts give rise to the establishment of minutes of receipt. The State may retain, if applicable, the guarantee referred to in Article 70 III and the redemption allowance, the sums necessary for the proper maintenance of the goods considered.
Rule 82
Due
I. ― The Minister for Civil Aviation may terminate the concession in the following cases:
(a) Delay in the realization of the NDDL aerodrome in proportions such as the commissioning has not or may in no case take place within eighteen (18) months from the date provided for in I of Article 4.D;
(b) Abandoning the project by the concessionaire at any time during the concession period;
(c) Failure to establish within the time limits or to maintain, for their nominal amount, one or more of the guarantees provided for in the e of Article 4.M and Article 70;
(d) If the concessionaire, except for force majeure, interrupts, in a lasting or repeated manner, the operation of one of the aerodromes open to public air traffic;
(e) If the concessionaire, except in cases of force majeure, continues to commit, after the imposition of a remedy, with a time limit set by the State and after, where appropriate, the measures provided for in Articles 77 and 78, serious breaches of its contractual or regulatory obligations;
(f) If all or part of the concession is granted in any form in breach of the provisions of Article 91;
(g) If an amendment in the control of the concessionaire fails to know the provisions of Article 91;
(h) In the event of a non-transmission by the concessionaire of the certification of the external private financing arrangement(s) within the time limits and conditions provided for in section 4.M.
II. ― Where the Minister for Civil Aviation considers that the terms and conditions of the termination are met, the Minister shall, by registered letter with notice of receipt, notify the concessionaire to comply with its contractual or regulatory obligations and to terminate the default situation within thirty days of receipt.
If the concessionaire has not complied with the stay within that period, the Minister for Civil Aviation may, after the concessionaire has been able to present its observations, issue the termination of the concession in the same form as that used for its grant.
The State shall, through a single authorized representative, provide, in accordance with the provisions of the Transport Code and the Civil Aviation Code, an entity substituted for the concessionaire to continue the execution of this contract. In this case, financial institutions must be able to demonstrate that the technical and financial capabilities of the substitute entity are at least equivalent to those of the concessionaire at the time of signing this contract. It is specified that the entity substituted for the concessionaire will be substituted in the rights and obligations of the concessionaire as derived from this contract.
If, at the expiry of a period of three (3) months from the information made by the State, the representative of the financial creditors did not propose a substitute entity, or if the State has refused to give its consent to the substitution, the deferral measure shall enter into force immediately and the State may take any measures that it considers useful to ensure the continuation of the project at the expense and risk of the concessionaire.
III. ― If the assignor makes a deferral before the financial closure of the phase during which the construction of the DSL is carried out, the grantor shall, for the balance of any account, pay the concessionaire a total amount equal to the sum of:
(i) 85% of the outstanding amount of external private financing as of the date of the due date, once deducted from the cash balances available on the concessionaire's accounts and the amount of the allowances, determined by insurance organizations, collected or payable by the concessionaire to insurance organizations, with the exception of those for which the concessionaire does not have, by law, freedom of assignment;
(ii) An amount equal to 100% of the cost of disconnecting the rate coverage instruments (in the event of a positive relief on the decoupling of the rate coverage instruments, it is paid by the concessionaire to the assignor; in case of negative relief, it is then paid by the grantor to the concessionaire).
The above compensation is increased, if any, of the VAT to be paid to the Public Treasury by the concessionaire. It is paid within three months of the due date.
IV. ― If the grantor decides to disburse after the financial closure of the phase during which the construction of NDDL takes place and until the commission of NDDL, the concessionaire is entitled to the amount equal to 100% of the cost of disconnecting the rate coverage instruments (in the event of a positive relief on the decoupling of the rate coverage instruments, the concessionaire shall be paid to the concedant; in case of negative relief, it is then paid by the grantor to the concessionaire).
In addition, the assignor shall, for the balance of any account, pay to the concessionaire an aggregate amount G equal to the nominal value of the cost of construction of the return goods constructed on the date of termination, including the cost of intercalar financing (but with the exception of those incurred as a result of a delay attributable to the concessionaire) during the period of construction of those goods diminished of the total amount of the received public contests and of net resources This amount is calculated by adding the following elements A-1 to A-5:
A-1. ― A flat-rate prejudicial due to delay in the implementation and commissioning of SLDD: 5% (five per cent) of the return price of the SLDD aerodrome set at a of Article 4.M;
A-2. ― A lump-sum prejudice related to the project's renunciation: 10% (ten per cent) of the anticipated cost of the NDDL aerodrome's return price set at a of 4.M;
A-3. ― A real, direct and certain prejudicial, corresponding to the safety of the construction site, calculated on the basis of the costs incurred or that it is planned to enter and stop within 6 (six) months after the effect of the loss under the conditions set out in II and III of this section. The corresponding amount is capped at 5,000 000 (five million) euros, value January 2009;
A-4. ― Real, direct and certain prejudicial to the conformity of the return goods and the work that is useful to their constitution carried out in ignorance of the technical or functional requirements of the concession contract. The corresponding amount is capped at 2% (two per cent) of the NDDL aerodrome's cost of the aerodrome of Article 4.M;
A-5. ― Any penalty required under section 4.M c and not paid by the concessionaire on the day on which the termination is due.
In any event, the total G amount represents a minimum of eighty-five per cent (85%) of the actual outstanding external private financing, once deducted the cash balances available on the concessionaire's accounts and the amount of the allowances, determined by the insurance organizations, collected or payable by the concessionaire to insurance organizations, with the exception of those for which the concessionaire does not have, by law,
The grantor pays the concessionaire eighty-five per cent (85%) of the actual outstanding external private financing, once deducted from the cash balances available on the concessionaire's accounts, the amount of the allowances, determined by the insurance organizations, collected or payable by the concessionaire to the insurance organizations and the eventual relief due under the rate coverage instruments within three months of the award. Any balance is paid within three (3) months of this transaction.
The above compensation is increased, if any, of the VAT to be paid to the Public Treasury by the concessionaire.
V. ∙ If the grantor decides to disburse after the NDDL is put into service, the concessionaire shall be entitled to the amount equal to 100% of the cost of disconnecting the rate coverage instruments (in the event of a positive relief on the decoupling of the rate coverage instruments, the concessionaire shall be paid to the assignor; in case of negative relief, it is paid by the grantor to the concessionaire).
In addition, the grantor must pay to the concessionaire, for the balance of any account, an aggregate amount G equal to the net book value of the goods returned at the date of the termination, including the intercalar financing cost (but with the exception of those incurred as a result of a delay attributable to the concessionaire) during the period of construction of those goods, diminished of the total amount of the public contests received and net resources drawn from the concessionaire This amount is calculated by adding the following elements C-1 to C-4:
C-1. ― Foreword related to disturbances caused by the concessionaire's failure(s) compromising operation under good conditions of the work: €4,000 (four million euros), value January 2009;
C-2. ― Foreword related to the transfer to the grantor of the risk associated with the attendance of the work: €50,000 (fifty million euros), value January 2009. From the eleventh year following the date of entry into force of the concession contract, this amount is reduced by €2,500 million (two million five hundred thousand euros), value January 2009, per five-year period;
C-3. ― Real, direct and certain prejudicial to the compliance of the return property and of the work that is relevant to their constitution made in ignorance of the technical or functional requirements of the concession contract. The corresponding amount is capped at 2% (two per cent) of the cost of the work set at the a of Article 4.M;
C-4. ― Amount of any amounts corresponding to third party receivables (as defined in the European Union legislation) to which the concessionaire would be held if it was not in recovery or in judicial liquidation and which may well be claimed to the grantor. The concessionaire shall forward to that effect to the assignor, within one month of the coming into force of the due date, any documents or requests of such creditors. The grantor may also make any provision to collect information from third parties to that effect. This amount is determined within six (6) months of the coming into force of the due date.
In any event, the total G amount will be at least eighty-five per cent (85%) of the actual outstanding external private financing, once deducted the cash balances available on the concessionaire's accounts and the amount of the allowances, determined by the insurance organizations, collected or payable by the concessionaire to insurance organizations, with the exception of those for which the concessionaire does not have, by law
The grantor pays the concessionaire eighty-five per cent (85 per cent) of the actual outstanding external private financing, once deducted the cash balances available on the concessionaire's accounts and the amount of the allowances, determined by the insurance organizations, collected or payable by the concessionaire to the insurance organizations and the eventual relief due under the rate coverage instruments within three months of the award. Any balance is paid within three (3) months of this transaction.
The above compensation is increased, if any, of the VAT to be paid to the Public Treasury by the concessionaire.
VI. ― Where the concessionaire is liable for an amount pursuant to the provisions of section 82, it is agreed between the parties that the assignor will call either of the guarantees in force under the e of section 4.M, the amount so called under that guarantee, actually paid and not contested, deducting the amounts due to the grantor.
VII. ∙ In the event of abandonment of the concession by the concessionaire, and after reinstatement under the conditions provided for in Article 82 II, the grantor shall reduce the allowance, if any, payable to the concessionaire pursuant to the provisions of this Article by 25 per cent (twenty-five per cent). The failure of the concessionaire constitutes a abandonment of the concession when it appears from the facts that the concessionaire has voluntarily refrained from remedying, with the means available, the deficiencies found in the performance of the concession contract.
VIII. – The concessionaire is required to provide the Minister for Civil Aviation with the return goods in good condition of maintenance. The State may retain, if any, the guarantee referred to in Article 70, II, the sums necessary for the proper maintenance of the property.
Rule 83
Asset recovery
I. ― At the expiry of the concession regardless of its causes, the concessionaire shall hand over to the State all the concededed furniture and buildings classified as goods of return. This rebate shall be made without compensation, subject to the provisions of section 81 and section 82 and those of section II of this section.
The concessionaire gives the state the goods back in good condition of maintenance.
At least six years before the normal expiry of the concession, the Minister for Civil Aviation shall establish and notify, after consultation with the concessionaire, of the maintenance and renewal programs that are necessary to ensure the delivery of the concession's works and facilities in good condition of maintenance. These programmes for the last five years of the concession include a detailed cost of the related work.
The programs mentioned above are executed by the concessionaire at its own expense within a time limit to ensure the good condition of the concession's work on the expiry date of the concession.
In the event of complete or partial non-performance of a program, the Minister for Civil Aviation remains the concessionaire to carry out the necessary work within a time frame that it sets out, in particular, with respect to competition obligations. The total or partial non-performance of the work within the period following the re-establishment results in the implementation of the guarantee provided for in Article 70 III.
II. ― When return goods corresponding to an extension of the airfield's reception capacity or a complete rehabilitation of infrastructure or facilities are put into service during the ten years prior to the normal expiry of the concession, their return to the State may be paid to the concessionaire under the following conditions.
At least eleven years before the normal expiry of the concession, the Minister for Civil Aviation shall establish, after consultation with the concessionaire, those of the return goods referred to in the previous paragraph that give rise to compensation. The Panel also determines the amount of the allowances, which are determined on the basis of the net book value of the assets concerned at the time of the reduced concession, if any, of the net values of the corresponding subsidies and the constituted provisions related to the property and, where appropriate, the value-added tax to be returned to the Public Treasury. These allowances may be capped on the basis of the forecasted net book value.
The list of the return assets concerned, together with the indication of the amount of the associated allowances, is notified to the concessionaire by the ministers responsible for civil aviation, the economy and the budget by registered letter with notice of receipt.
In addition, on the normal or anticipated end date of the concession, the concessionaire is entitled to a corresponding allowance:
- at the net book value at the end date of the concession of the assets assigned to the missions referred to in sections L. 6332-3 and L. 6341-2 of the Transport Code at NA, SN and NDDL airports;
- at the acquisition value of the property acquired by the concessionaire under section 4.I, diminished from the resale value of the property acquired by the concessionaire or the grantor under that same article that was transferred by the concessionaire prior to the advance end date of the concession contract. The concessionaire shall present to the grantor all supporting documentation.
This allowance is increased, where applicable, from the VAT to the Public Treasury.
III. ― Where applicable, recovery property is acquired, at the request of the Minister for Civil Aviation, by the State or third-party operator that it designates, on the basis of their net book value, if any, of the corresponding and increased subsidies, if any, of the value added tax to be paid to the Public Treasury.
Stocks and supplies are resumed, at the request of the Minister for Civil Aviation, by the State or third-party operator that it designates, on the basis of their increased net book value if there is a value-added tax to be returned to the Treasury
IV. ― At the expiry of the concession regardless of its causes, the concessionaire shall remit to its costs in their primitive condition the concedede dependencies on which all property has been installed.
The concessionaire may, however, be exempted from this obligation by the minister responsible for civil aviation if it gives the state pure and simple abandonment of the edified goods.
Rule 84
Resuming concessionaire ' s legal commitments
At the expiry of the concession whatever the causes, including the redemption provided for in Article 81, the State or third-party operator that it has designated is subrogated to the concessionaire in all its rights and, in particular, receives all revenues and products generated from the expiration date.
The State or third-party operator also assumes non-exclusively financial obligations, regularly contracted by the concessionaire with respect to subcontractors, rentals, markets, authorizations and permissions of any kind.
The Minister for Civil Aviation may require the concessionaire to cancel any contract not regularly entered into.
The concessionaire will take all measures to ensure continuity of public service beyond the expiration of its contract, in accordance with the commercial rules. It will facilitate the installation of its successor by providing it with all necessary information for the proper transfer between delegates (user information, prospects, stocks, suppliers, personnel, goods, procedures for use, maintenance, security, monitoring...), within the limits of the preservation of industrial and commercial secrecy and respect for the rules governing intellectual, industrial and commercial property.
The grantor has the ability to take all measures during the last year of the concession to ensure continuity of public service after the end of the concession (visits, information communication, etc.), to inform the concessionaire in advance and to take all measures not to affect the performance of the concession.
In general, in particular in the case of an early termination of the concession, the grantor may take all necessary measures to facilitate the progressive transition of the concession to a new operating regime or to a new concessionaire. The concessionaire undertakes to contribute to this transition in a spirit of partnership and to take all measures to ensure continuity of public service.
In particular, the concessionaire undertakes to provide any document and information that the grantor considers useful to the organization of a new competition procedure.
Rule 85
Settlement of the accounts of the concession
At the expiry of the concession whatever the causes, a closing balance sheet of the concession accounts shall be prepared by the concessionaire within a maximum period of six months from the expiration date.
A year before the end of the concession, the concessionaire must establish and produce to the State a preliminary order of the concession accounts.
The concessionaire resolves the backlog of expenses and recovers claims due to the expiry date of the concession. It draws the balance of these transactions and carries out all financial accounts.
At the request of one of the parties concerned, a liquidator administrator may be designated by the Minister for Civil Aviation to establish inventories, settle overdue expenses, stop and manage available funds and, in general, carry out all administrative acts to facilitate the settlement of the concession accounts, transfer operations and continuation of the operation.
Rule 86
Transfer of deduction rights
value added tax
Pursuant to the II of Article 210 of Schedule II to the General Tax Code, the concessionaire shall, as soon as practicing the expiry of the concession, establish an attestation permitting the transfer to the benefit of the third operator designated by the State of the right to deduction of the value added tax taken into account in the allowances referred to in Articles 81, 82 and II and III of Article 83 of this notice of charges.
Rule 87
Delays
Any amount due by a party to the other shall, from its due date, be interest at the legal rate increased by two per cent (2 per cent).
Rule 88
Secondary airfields
Title II of this Terms of Reference is not applicable to NA and SN.
For SN, by derogation from the provisions of Article 54:
1° The environmental management system is implemented within three years of the contract's entry into force;
2° The environmental clauses provided for in this section shall be entered into the contracts in force on the date of the entry into force of this contract and in the new contracts no later than at the time of their renewal.
Rule 89
Policy in favour of occupational insertion
The concessionaire implements a policy for employment and integration.
In this context, the contracts passed by the concessionaire include clauses aimed at promoting the employment of persons with special difficulties of insertion and combating unemployment.
Rule 90
Free of information
The provision of the information provided in this specifications is free of charge.
Rule 91
Cession of the concession
Any total or partial assignment of the concession, in any form, may only take place under a prior and express authorization of the Minister for Civil Aviation.
This article does not preclude the ability of the concessionaire to assign all of the financial claims it holds under the concession to one or more credit institutions, after prior information from the State, in accordance with the terms set out in Articles L. 313-23 to L. 313-28 and L. 515-13 et seq. of monetary and financial codeneither the rights of the concessionaire's creditor financial institutions under Article 82 III.
Any operation resulting in a change of control of the concessionaire within the meaning of theArticle L. 233-3 of the Commercial Code for the purposes of this Article, the assignment of the concession contract.
The prior authorization of the grantor will be granted in the light of professional and financial guarantees that will be presented by the concessionaire to ensure continuity of public service and equality of users before the public service. The prior authorization of the grantor will be denied as long as the transaction could either challenge the essential elements related to the choice of the concessionaire or substantially alter the concession economy.
Rule 92
Landscape clause
In the event of a substantial commission or modification of an airport infrastructure located within a radius of less than or equal to two hundred (200) kilometers around the right of the concession, which is not exploited by a related company, within a period of fifteen (15) years from the commission of NDDL or of an airport infrastructure belonging to the State within a period of thirty-two (32) years from the
Rule 93
Election of domicile
The dealer elects home in France at the Nantes-Atlantique Airport in Bouguenais (44340).
Rule 94
Conciliation
I. ― Disputes arising from the application of this contract shall be the subject, before any dispute before the competent court and at the initiative of the requesting party, of a proposal for conciliation of the expert committee provided for in this article.
II. ― The requesting party seeks conciliation with the other party by registered letter with notice of receipt, by which it designates a first expert and to which it encloses a notice of presentation of the dispute and the arguments that base its position.
Within fifteen days of receipt, the other party shall designate a second expert by registered letter with notice of receipt to the requesting party.
Within fifteen days of this receipt, the parties agree to designate a third expert. If no agreement is reached, each of the parties may apply to the President of the Administrative Court of the place of the disputed aerodrome for the purpose of appointing the third expert.
III. ― The committee of experts thus constituted shall communicate its proposal for conciliation within two months of the appointment of the third experts, after hearing each of the parties.
Rule 95
Judgement of disputes
The disputes between the parties regarding the concession contract will be brought before the competent administrative tribunal.
Rule 96
Publication, printing and registration fees
The fee for publication, printing, stamping, registration of the documents relating to the concession shall be borne by the concessionaire.
Rule 97
Prioritization of parts
In the event of a contradiction between a provision of the body of this specifications and a provision of an annex, the provision of the body of the specifications prevails.
LIST OF ANNEXES
| Annex 1: | Commitments made by the shareholders of the company dedicated to the State in terms of the stability of the shareholding of the concessionaire, the distribution of social capital and the rights of vote and control within the meaning of theArticle L. 233-3 of the Commercial Code. |
| Annex 2: | Initial inventory of property. |
| Annex 3: | Initial descriptive states of land and all necessary plans, including a boundary and a cadastral plan. |
| Annex 4: | List of contracts or commitments entered into by the State or the previous delegate prior to the entry into force of the concession. |
| Annex 5: | ICC's Public Law Officers' Agreement, together with the ICC's nominative list of officers on NA and SN at the date of entry into force of the concession. |
| Annex 6: | LDD, as provided on the effective date of the concession. |
| Annex 7: | Agreement between the State and the General Council concerning the modalities for the acquisition and remission of its land. |
| Annex 8: | General composition diagram. |
| Annex 9: | Reference Calendar of Administrative Procedures, Studies and Different Phases of NDDL Work including Key Dates for the Achievement of the NDDL Aerodrome. |
| Annex 10: | Public utility investigation file and record of state commitments. |
| Annex 11: | APS defining NDDL. |
| Annex 12: | Concession financing plan. |
| Annex 13: | Funding agreement between the concessionaire and the State and the contributing territorial authorities. |
| Annex 14: | Financial guarantees. |
| Annex 15: | Guarantee of shareholders. |
| Annex 16: | Tariffs on the effective date of the concession. |
| Annex 17: | Forecast evolution of the weighted average of airport charges. |
| Annex 18: | Initial business plan for the duration of the concession. |
| Annex 19: | List of dealer-related businesses. |
CONVENTION ON CONCERNING THE CONCESSION OF OUR-DAME-DES-LAND, NANTES-ATLANTIQUE AND SAINT-NAZAIRE ARODROMES - MONTOIR
Come on.
The State, represented by the Minister for Civil Aviation, referred to in this document and in the terms of reference annexed to it "the grantor", on the one hand,
And:
The concessionaire company Aéroports du Grand Ouest, with a capital of 50,000 euros, having its seat at the Nantes-Atlantique Airport, 44340 Bouguenais, registered at the Nantes RCS under number 528 963 952, represented by Mr.Nicolas Notebaert duly authorized for this purpose, referred to in this document and in the specifications annexed thereto "the concessionaire", on the other hand,
Subject to the approval of this Convention by decree in the Council of State, the following was agreed:
Article 1
Under the conditions defined by this Agreement and the terms of reference annexed, the State confides to the concessionary company Airports du Grand Ouest, which accepts it, the concession of the aerodromes of Notre-Dame-des-Landes, Nantes-Atlantique and Saint-Nazaire - Montoir.
Article 2
The concessionaire undertakes to execute the concession of the aerodromes of Notre-Dame-des-Landes, Nantes-Atlantique and Saint-Nazaire - Montoir at its own expense, risks and risks under the conditions set out in the terms of the terms annexed to this Agreement.
Article 3
This Agreement and its terms of reference shall enter into force as soon as the official Journal of the French Republic of the decree in the Council of State approves them in accordance with the provisions of Article R. 223-2 of the Civil Aviation Code.
Article 4
The duration of this Convention shall be fifty-five (55) years from its entry into force.
For the state:
Thierry Mariani, Secretary of State to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport.
For the company:
M. Nicolas Notebaert, Président de la société Aéroports du Grand Ouest.
Done in Paris, December 23, 2010.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
Christine Lagarde
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
