Key Benefits:
President of the Republic,
On the report of the Prime Minister, Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to the Constitution, including article 38;
Considering Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety and repealing Regulation (EC) No. 2320/2002, together with Commission Regulation (EU) No. 185/2010 of 4 March 2010 establishing detailed measures for the implementation of common basic standards in the field of civil aviation safety;
Considering Commission Regulation (EU) No. 1141/2011 of 10 November 2011 amending Regulation (EC) No. 272/2009 supplementing the common basic standards for civil aviation safety with regard to the use of safety scanners at European Union airports;
In view of Commission Implementing Regulation (EU) No. 1147/2011 of 11 November 2011 amending Regulation (EU) No. 185/2010 setting detailed measures for the implementation of common basic standards in the field of civil aviation safety with regard to the use of safety scanners at European Union airports;
Vu la Organic Law No. 99-209 of 19 March 1999 relating to New Caledonia;
Vu la Act No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia;
Considering the transport code, including Part I, Books VII and VIII and Part VI, Books III and VII;
Vu la Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 78-17 of 6 January 1978 related to computing, files and freedoms;
Vu la Act No. 2011-12 of 5 January 2011 bringing various provisions to adapt legislation to European Union law, including Article 15;
Vu la Act No. 2011-267 of 14 March 2011 guidance and programming for the performance of internal security, including its article 25;
Having regard to the advice of Mayotte's General Council of 29 September 2011;
Considering the opinion of the Assembly of French Polynesia of 13 October 2011;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 17 August 2011;
Considering the seizure of the New Caledonia Congress of 18 August 2011;
Considering the seizure of the assembly of the territory of the Wallis and Futuna Islands on 17 August 2011;
Considering the referral of the territorial council of Saint-Barthélemy dated 31 January 2012;
The Council of State heard;
The Council of Ministers heard,
Order:
The Transportation Code is amended in accordance with the provisions of sections 2 to 11 of this Order.
Chapter I of Book III, Part VI, Part VI of the Transport Code is replaced by the following:
“Chapter I
“General provisions
"Art. L. 6341-1.-The civil and military agents of the State, as well as the bodies or persons acting on behalf of and under the control of the administration and certified for that purpose by the competent administrative authority, shall verify that the persons, undertakings and bodies referred to in Article L. 6341-2, installed on or outside aerodromes, shall respect the safety measures referred to in the same article.
"For this purpose, state officials, as well as individuals or organizations mentioned in the first paragraph, have access at any time to land and premises for professional use, as well as to facilities and aircraft, or any other place where the controlled activities are carried out with the exclusion of rooms reserved exclusively for housing, under the conditions provided for in the provisions of the Single Chapter of Title I of Part I.
"They may require, for the purpose of carrying out their duties, the opening of any package, baggage, vehicle, trailer or equipment in the presence of the person in charge of the company or agency, or one of its attendants in the event of the absence of the company.
"They communicate documents of any kind in relation to the operations for which control is exercised.
"Art. L. 6341-2.-I. ― Except in cases where their implementation is ensured by the State services, safety measures intended to protect civil aviation against acts of unlawful intervention are implemented by:
" – airfield operators;
“– air transportation companies;
“– the authorized agents, known chargers and customers in account;
“– the authorized suppliers and known suppliers;
" — other persons or organizations authorized to occupy or use the runway area of the aerodrome;
"—the persons or organizations bound by contract to the above mentioned individuals or organizations, including the employers of the agents referred to in Article L. 6342-4, II and V.
“II. – Safety measures are implemented under the authority of the holder of the police powers referred to in section L. 6332-2.
"III. – Safety measures are the result of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety, the regulations made for its application by the European Commission and the safety standards set out in national regulations.
"The obligations relating to the implementation of safety measures are defined according to the respective areas of activity of airfield operators, air carriers and other individuals and organizations mentioned above.
"A decree in the Council of State sets out the modalities for the application of this article.
"Art. L. 6341-3.-In the event of damage resulting from a malicious act committed by means of the shipment of a postal mail, postal parcel or cargo, secured by an authorized agent or subject to security controls by a known shipper, the liability of such persons may be incurred only because of the failure to comply with the procedures and measures referred to in Article L. 6341-2. »
Chapter II of Part VI title IV of Book III is replaced by the following:
“Chapter II
"Authorities required to implement
safety measures
"Art. L. 6342-1.-For the implementation in their respective field of activity of the security measures referred to in Article L. 6341-2, the enterprises, persons and organizations mentioned in the same article and belonging to one of the categories fixed, according to the characteristics of their activity, by the decree in Council of State mentioned in the second paragraph must be holders of an individual administrative authorization issued by the competent administrative authority.
"A decree in the Council of State sets the conditions for the application of this article.
"Art. L. 6342-2.-Access to the runway area of the aerodrome and traffic in that area are subject to authorization.
"People who access and circulate regulated access zones are required to hold, in addition to the authorization referred to in the first paragraph of Article L. 6342-3, a traffic title or one of the documents referred to in paragraph 1.2.2.2 of the annex to Regulation (EU) No 185/2010 of the Commission of 4 March 2010 establishing detailed measures for the implementation of the civil aviation standards
"A decree in the Council of State determines the conditions for the application of this article.
"Art. L. 6342-3.-People who have access to the regulated aerodrome access security zones or secure edge supplies, as well as those who have access to freight, postal parcels or postal mail, secured by an authorized officer or have been subject to security controls by a known and identified shipper as to be routed by air, shall be authorized by the competent administrative authority.
"The issuance of this authorization shall be preceded by an administrative investigation, where appropriate, in consultation with the Judicial Records Bulletin No. 2 and the automated personal data processing managed by the national police and gendarmerie agencies under the jurisdiction of the courts provisions of Article 26 of Law No. 78-17 of 6 January 1978 related to computers, files and freedoms, except identification files.
"A decree in the Council of State determines the conditions for the application of this article and in particular those deemed to hold this authorization.
"Art. L. 6342-4.-I. ― The filtering inspection operations provided for by the security measures referred to in Article L. 6341-2 may be carried out by the judicial police officers and, on the order and responsibility of them, the judicial police officers and the deputy judicial police officers mentioned in 1°, 1° bis and 1° ter of Article 21 of the Code of Criminal Procedure and customs officers.
"For this purpose, they may conduct the search and visit by any appropriate means of persons, baggage, postal mail, postal parcels, freight, on-board supplies, supplies for aerodromes, aircraft and vehicles entering or located in the track-side area of the aerodromes and in any other place where the above-mentioned security measures are being implemented or leaving them.
“II. ― Inspection-filtering operations of persons, objects they carry and baggage, as well as vehicle inspection operations may be carried out, under the control of judicial police officers and customs officers, by agents of French nationality or national of a Member State of the European Union, designated by the companies or bodies referred to in Article L. 6341-2 or the companies that are related to them by contract.
"These agents must have been previously approved by the representative of the State in the department and the prosecutor of the Republic. They search for hand baggage and other objects carried only with the consent of their owner and safety palpations only with the consent of the person. Safety palpation is made by a person of the same sex as the person who is subject to it.
"III. ― The filtering inspection of a person may be carried out, with his or her consent, by means of an imaging device using millimetric waves under the conditions set out in II. In case of refusal, the person is subject to another control device.
"The analysis of visualized images is carried out by operators who do not know the identity of the person and cannot simultaneously visualize the person and its image produced by the imaging device using millimetric waves. The image produced by the imaging device using millimetric waves must include a system that blurs the visualization of the face. No storage or recording of images is allowed.
"A joint decision of the Minister for Civil Aviation and the Minister of the Interior determines the airports in which the use of imaging device control using millimetric waves is permitted.
"IV. ― The approvals provided in the II are preceded by an administrative investigation, where appropriate, in consultation with the Judicial Records Bulletin No. 2 and the automated personal data processing managed by the national police and gendarmerie services under the jurisdiction of provisions of Article 26 of Law No. 78-17 of 6 January 1978 related to computers, files and freedoms, except identification files.
"The investigation carried out as part of the grant of the authorization referred to in Article L. 6342-3 is an investigation described in the previous paragraph, where requests for authorization and approval are concurrent.
"Accredits are denied or withdrawn when the person's morality or behaviour does not provide the necessary guarantees in relation to the security of the State, public safety, security of persons or public order or are incompatible with the exercise of the above-mentioned missions.
"V. ― Inspection-filtering measures for postal mail, postal parcels, freight, on-board supplies, aerodrome supplies, and aircraft inspections may be performed by agents other than those mentioned in I and II.
"These officers hold the authorization referred to in Article L. 6342-3.
"VI. ― A decree in the Council of State sets the conditions for the application of this article. »
Chapter III of Part VI title IV of Book III is repealed.
I. ― Section L. 6723-1 is replaced by the following provisions:
"Art. L. 6723-1.-For the application to Mayotte of the provisions of Article L. 6341-2, the words "of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission" are replaced by the words "of the application of the regulations metropolitan »
II. ― An article L. 6723-1-1 is inserted as follows:
"Art. L. 6723-1-1.-For the application to Mayotte of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents indicated in point 1.2.2.2 of the annex to Regulation (EU) n° 185/2010 setting detailed measures for the implementation of the basic standards common in the field of civil aviation safety" are replaced by the words: "a metropolitan area »
I. ― Section L. 6731-2 becomes section L. 6731-4.
II. ― It is created two articles L. 6731-2 and L. 6731-3 as follows:
"Art. L. 6731-2.-For the application in Saint-Barthélemy of the provisions of Article L. 6341-2, the words "of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission" are replaced by the words: "
"Art. L. 6731-3.-For the application in Saint-Barthélemy of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents indicated in point 1.2.2.2 of the annex to Regulation (EU) No 185/2010 setting detailed measures for the implementation of the basic standards common in the field of civil aviation safety" are replaced by the words: " »
I. ― Section L. 6753-1 is replaced by the following provisions:
"Art. L. 6753-1.-For the application in Saint-Pierre-et-Miquelon of the provisions of Article L. 6341-2 to aerodromes open to international trade, the words: " of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations taken for its application by
"On aerodromes other than those mentioned in the preceding paragraph, the competent administrative authority may take prescribed safety measures pursuant to the rules in force in metropolitan France pursuant to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission. »
II. ― An article L. 6753-2 is inserted as follows:
"Art. L. 6753-2.-For the application in Saint-Pierre-et-Miquelon of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents indicated in point 1.2.2.2 of the annex to Regulation (EU) No 185/2010 setting detailed measures for the implementation of the common basic standards in the field of civil aviation safety" are replaced by the words »
The provisions of Articles 2 to 4 of this Order are applicable in New Caledonia, French Polynesia and Wallis-et-Futuna, subject to the modifications provided for in these communities in Part VI, VII and VIII of Book VII of Part VI of the Transportation Code.
I. ― In article L. 6763-4, the words: "in the department" are replaced by the words: "in New Caledonia" and the words: "in particular the conditions in which the representative of the State in the department is responsible for the powers mentioned in this article when the right of the aerodrome extends over several departments" are deleted.
II. ― Section L. 6763-5 is replaced by the following provisions:
"Art. L. 6763-5.-For the application in New Caledonia of the provisions of Article L. 6341-2 to aerodromes open to international trade, the words: " of the application of Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations taken for its application by the European Commission
"On aerodromes other than those mentioned in the preceding paragraph, the competent administrative authority may take prescribed safety measures pursuant to the rules in force in metropolitan France pursuant to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission. »
III. ― Section L. 6763-6 is replaced by the following:
"Art. L. 6763-6.-I. ― For the application in New Caledonia of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents indicated in point 1.2.2.2 of the annex to Regulation (EU) n° 185/2010 setting detailed measures for the implementation of the common basic standards in the field of civil aviation safety" are replaced by the words: "a document equivalent to those required
“II. ― For the application in New Caledonia of the provisions of Article II of Article L. 6342-4, the words: "or a citizen of a Member State of the European Union" are deleted and the words: "in the department" are replaced by the words: "in New Caledonia". »
I. ― An article L. 6773-4-1 is inserted as follows:
"Art. L. 6773-4-1.-For the application in French Polynesia of the provisions of Article L. 6332-2, the words: "in the department" are replaced by the words: "in French Polynesia", the words: " by the article L. 2212-2 of the general code of the territorial authorities" are replaced by the words: "in the field of municipal police in French Polynesia" and the words: " »
II. ― Section L. 6773-5 is replaced by the following provisions:
"Art. L. 6773-5.-For the application in French Polynesia of the provisions of Article L. 6341-2 to aerodromes open to international trade, the words: " of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations taken for its application by the European Commission"
"On aerodromes other than those mentioned in the preceding paragraph, the competent administrative authority may take prescribed safety measures pursuant to the rules in force in metropolitan France pursuant to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission. »
III. ― Section L. 6773-7 is replaced by the following provisions:
"Art. L. 6773-7.-I. ― For the application in French Polynesia of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents indicated in point 1.2.2.2 of the annex to Regulation (EU) No 185/2010 setting detailed measures for the implementation of the common basic standards in the field of civil aviation safety" are replaced by the words: "a document equivalent to those required in metropolis 1.2
“II. ― For the application in French Polynesia of the provisions of the II of Article L. 6342-4, the words: "or a citizen to a Member State of the European Union" are deleted and the words: "in the department" are replaced by the words: "in French Polynesia". »
I. ― Section L. 6783-5 is replaced by the following provisions:
"Art. L. 6783-5.-For the application to Wallis-et-Futuna of the article L. 6332-2, the words: "in the department" are replaced by the words: " in Wallis-et-Futuna", the words: " by the article L. 2212-2 of the general code of the territorial authorities" are replaced by the words: "in the field of municipal police in Wallis-et-Funa »
II. ― Section L. 6783-6 is replaced by the following:
"Art. L. 6783-6.-For the application to Wallis-et-Futuna of the provisions of Article L. 6341-2 to aerodromes open to international trade, the words: " of the application of Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 relating to the establishment of common rules in the field of civil aviation safety and the regulations taken for its application by the
"On aerodromes other than those mentioned in the preceding paragraph, the competent administrative authority may take prescribed safety measures pursuant to the rules in force in metropolitan France pursuant to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation safety and the regulations made for its application by the European Commission. »
III. ― Section L. 6783-7 is replaced by the following provisions:
"Art. L. 6783-7.-I. ― For the application to Wallis-et-Futuna of the provisions of Article L. 6342-2, the words: "a traffic title or one of the documents specified in Article 1.2.2.2 of the Schedule to Regulation (EU) No 185/2010 setting detailed measures for the implementation of the common basic standards in the field of civil aviation safety" are replaced by the words: "a metropolitan city 1.2
“II. ― For the application to Wallis-et-Futuna of the provisions of the II of Article L. 6342-4, the words: "or a national of a Member State of the European Union" are deleted and the words: "in the department" are replaced by the words: "in Wallis-et-Futuna". »
Part II of the above-mentioned Act of March 14, 2011 is repealed.
The Prime Minister, Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, and the Minister of Budget, Public Accounts and State Reform, spokesperson of the Government, are responsible, each with respect to the application of this Order, which will be published in the Official Journal of the French Republic.
Done on March 1, 2012.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
Minister of Ecology,
Sustainable Development,
Transport and housing,
François Fillon
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
