Key Benefits:
Publics concerned: civil aviation companies and personnel.
Subject: adaptation to European Union law of national regulations relating to civil aviation safety.
Entry into force: the text comes into force on 1 July 2012.
Notice: National Civil Aviation Safety Regulations are in compliance with European Union law. The local provisions of the safety measures applicable to aerodromes are taken by the prefect, which sets out the provisions for good order, civil aviation safety and safety. Access to airport areas (track-side areas and regulated access areas) is subject to authorization. The security clearances for airfield operators, air carriers, authorized agents, known shippers and authorized suppliers shall be unified and issued for a period of five years, after the instruction of civil aviation services. In order to assess the effective implementation of safety measures within the framework of internal quality control, companies and agencies responsible for the implementation of these measures conduct performance tests in operational situations. The security officers finally have a national uniform.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr). It is taken for 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 and its implementing texts, including Regulation (EU) No 185/2010 of the Commission of 4 March 2010 establishing detailed measures for the implementation of common basic standards in the field of civil aviation safety.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
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 the Civil Aviation Code;
Considering the general code of ownership of public persons, including article L. 2132-13;
Considering the internal security code, including articles L. 612-9 and L. 612-25;
Considering the transport code;
Vu le Decree No. 62-1587 of 29 December 1962 General regulation on public accounting;
Vu le Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1198 of 19 December 1997 amended to apply to the Minister of Equipment, Transport and Housing 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions;
Considering the opinion of the Government of New Caledonia of 13 March 2012;
Having regard to the Government of French Polynesia of 21 March 2012;
Having regard to the advice of Mayotte's General Council of 26 March 2012;
Considering the referral of the territorial council of Saint-Barthélemy dated 27 February 2012;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 28 February 2012;
The State Council (section of public works) heard,
Decrete:
Section 1 of Chapter III of Title I of Book II of the Civil Aviation Code (Regulatory Party: Decrees in the State Council) is renamed "Aerodrome Police" and is thus amended:
I.-A. R. 213-1, the words "L. 213-1" are replaced by the words "L. 6332-1 of the transport code".
II.-Section R. 213-1-1 is replaced by the following provisions:
"Art. R. 213-1-1.-I. ― The categories of aerodromes to which the civil aviation safety measures referred to in Article 4 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 repealing Regulation (EC) No. 2320/2002, as well as the technical conditions relating to the infrastructures and equipment provided for by the measures of civil aviation
“II. ― The terms and conditions for the application, on aerodromes assigned principally or secondary to civil aviation, of the civil aviation safety measures provided for in national legislation and the regulation of the European and national Union, including the obligations relating to the implementation of these measures that fall within the scope of their activity to the companies, persons and organizations referred to in Article L. 6341-2 of the Transportation Code, shall be stopped by ministers
"These orders include the airport security, the safety of delimited areas, the safety of aircraft, the safety of passengers and cabin baggage, the safety of cargo and mail baggage, the security of mail and air carrier equipment, the safety of on-board supplies, the security of airport supplies, flight safety measures, the recruitment and training of personnel and security equipment.
"III. ― Pursuant to section 6 of the above-mentioned regulation (EC) No. 300/2008, joint orders made by the Minister of Transport, the Minister of the Interior and, in the case of obligations relating to the security of air cargo, the Minister of Customs may establish stricter obligations to the security operators. »
III.-Section R. 213-1-2 is replaced by the following provisions:
"Art. R. 213-1-2.-I. ― On any aerodrome assigned principally or secondaryly to civil aviation where security measures are applied under the orders provided for in section R. 213-1-1, the prefect in charge of exercising the police powers provided for in section L. 6332-2 of the Transport Code shall, under the conditions established by section I R. 213-1-6, fix the local provisions of the security measures II
“II. ― For aerodromes that do not apply security measures under the orders provided for in R. 213-1-1, the security measures shall be defined by the prefect under the conditions set out in R. 213-1-6. Prefectural orders may apply all or part of the measures provided for in this chapter and enact special requirements.
"III. ― When a particular situation calls into question the safety of flights and persons and pursuant to section 6 of the aforementioned Regulation (EC) No. 300/2008, the Prefect shall take the necessary local measures. It shall take into account, where appropriate, the provisions provided for in accordance with Article R. 213-1-1 III and shall promptly inform the competent ministers. These measures cannot be extended beyond five days.
"IV. ― To remedy the non-compliance with the measures prescribed by Regulation (EC) No. 300/2008 and the texts taken for its application, by the transport code and by this code or by the decrees provided for in Article R. 213-1-1, found by the agents referred to in Article L. 6341-1 of the Transport Code, the prefect may, where the local situation requires, prescribe specific additional measures or Prefectural orders provide that the prescribed measures or terms imposed cease when the measures are complied with. »
IV.-Section R. 213-1-3 is replaced by the following provisions:
"Art. R. 213-1-3.-I. ― The police powers exercised pursuant to Article L. 6332-2 of the Transport Code by the prefects on the right-of-way of the aerodromes include everything related to the safety and security of civil aviation, good order and safety.
"The previous paragraph does not apply to the military zones of aerodromes where the Department of Defence is primary or secondary affectatary.
“II. ― When the right of an aerodrome extends over several departments, the prefect is designated by order of the Minister of Interior after notice of the Minister of Transport.
"III. ― The prefect has the assistance of public officials and institutions responsible for an airport operation, within the limits of the functions entrusted to these communities and institutions. »
V.-Section R. 213-1-4 is replaced by the following provisions:
"Art. R. 213-1-4.-I. ― With respect to the safety of civil aviation, the control of aerodromes assigned as a primary or secondary civil aviation includes areas not freely accessible to the public whose access is regulated.
“II. ― The Prefect sets out by order the provisions relating to good order, safety of civil aviation and safety, including:
“(a) Areas accessible to the parking and traffic of aircraft;
“(b) The applicable provisions on aircraft parking areas, in addition to those enacted by air traffic regulations;
"(c) General measures for fire protection and protection of persons and property;
"(d) Sanitary requirements;
“e) The provisions applicable to the custody and conservation of aircraft, vehicles, equipment and goods using the aerodrome platform or facilities;
“(f) The provisions applicable to the conduct, traffic and parking of vehicles;
“(g) The provisions applicable to the storage of baggage, freight and in general any object or goods. »
VI.-Section R. 213-1-5 is replaced by the following provisions:
"Art. R. 213-1-5.-The Prefect sets out, by order, the provisions relating to civil aviation safety, including:
“(a) The boundaries of the area on the city side of the aerodrome, the area on the runway side of the aerodrome and, where applicable, the various sectors and areas that make up the aerodrome within the meaning of the European Union safety regulations;
“(b) Access to the track side area of the aerodrome and, where applicable, in the various sectors and areas that compose it;
"(c) The conditions of access, traffic and parking of persons and vehicles in the city side area of the aerodrome;
"(d) The special conditions:
“(i) Access of people;
“ii) Vehicle access;
“(iii) Access and storage of baggage, cargo and in a general manner of any object or goods,
allowed to enter the area on the track side and, where applicable, in the various sectors and areas that compose it. »
VII.-It is added an article R. 213-1-6 as follows:
"Art. R. 213-1-6.-I. ― Without prejudice to the consultation of other administrative authorities provided for by the laws and regulations in force, the orders provided for in sections R. 213-1-4 and R. 213-1-5 shall be taken after notice of the Director of Security of Interregional Civil Aviation and, where applicable, of the territorially competent military authority. The airfield operator is also consulted.
“II. ― The specific measures for the application of the general rules as defined are set by the Director of Civil Aviation Security Interregional. »
VIII.-It is added an article R. 213-1-7 as follows:
"Art. R. 213-1-7.-I. ― The powers of the auditors to require the correct application or repetition of the security measures referred to in (b) of item 16.3 of Schedule II to Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 may be exercised by officials and officials of the State with the quality of certified auditors of civil aviation safety.
“II. ― The powers referred to in I may be implemented in the framework of control activities defined in the national security quality control programme established in accordance with Annex II to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008.
"III. ― An order of the Minister for Transport specifies the terms and conditions for the application of this section. »
Section 2 of Chapter III of Title I of Book II of the Civil Aviation Code is renamed "individual administrative authorities and control measures" and is thus amended:
I.-Article R. 213-2 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 213-2.-I. ― Companies, individuals and organizations that are required to hold the individual administrative authorization referred to in section L. 6342-1 of the Transportation Code are airfield operators, air carriers, authorized agents, known shippers and authorized suppliers.
“II. ― The individual administrative authorization referred to in Article L. 6342-1 of the Transportation Code results in the issuance of a security clearance.
"The issuance of a security clearance to airfield operators, air carriers, authorized agents and authorized suppliers is subject to the development, application and maintenance of a security program by such persons, undertakings and organizations, describing the safety measures they implement in accordance with the regulatory requirements to which they are subject according to their activity.
"The issuance of a security clearance to known shippers is subject to the on-site verification of compliance under European and national regulations applicable to them, including the validation checklist.
"The content of safety programs is specified by a joint order made by the Minister for Transport and the Minister of Interior.
"III. ― An order of the Minister for Transport sets out the dates from which airfield operators and air carriers are subject, depending on the characteristics of their activities, to the obligation to hold a security clearance. »
II.-It is added an article R. 213-2-1 as follows:
"Art. R. 213-2-1.-I. ― The security clearances provided for in R. 213-2 shall be issued by the competent administrative authority for a maximum period of five years after the instruction of civil aviation services.
“II. ― Licences for the security of air carriers, authorized officer, known shipper and authorized supplier are issued by the Minister for Transport.
"III. ― The aerodrome operator security clearance is issued by the prefect exercising the police powers on the aerodrome.
"IV. ― In the event of non-compliance with the obligations to which air carriers, airfield operators, authorized agents, known shippers and authorized suppliers are subject, or where the agency or company may, by its working methods, constitute the conduct of its officers or agents or equipment used, a security risk, the administrative authority that issued the licence may:
"– suspend or withdraw the security clearance. Except in the event of an emergency, the security licence holder is previously notified of the proposed suspension or withdrawal measure and has a period of one month to present his written or oral submissions. In the event of an emergency, the immediate suspension of the security clearance may be pronounced for a maximum of one month, reconductable once the circumstances so require;
"– to impose restrictive operating measures or corrective measures or to compensate for the non-compliance identified. Except in the event of an emergency, the company concerned is previously notified of the proposed measure and has a period of 10 working days to present its written or oral submissions.
"V. ― In the event of non-compliance identified with the obligations to which organizations or undertakings for which a security clearance has been issued in another EU Member State, or air carriers for which a security clearance is not required in the light of the characteristics of their activities, the Minister responsible for transport may impose restrictive operating measures or corrective measures or to compensate for the non-compliance identified.
"With the exception of an emergency, the organization or company concerned is previously notified of the measure being considered and has a period of 10 working days to present its written or oral submissions.
“VI. ― In the event of non-compliance identified with the obligations to which aerodrome operators are subject for which a security clearance is not required in the light of the characteristics of their activities, the territorially competent prefect may impose restrictive operating measures or corrective actions or to compensate for the non-compliance identified.
"With the exception of an emergency, the aerodrome operator concerned is previously notified of the proposed action and has a 10-day period to submit written or oral submissions. »
III.-It is added an article R. 213-2 to read as follows:
"Art. R. 213-2-2.-I. ― The persons referred to in the first paragraph of section L. 6341-1 of the Transport Code shall act on behalf of and under the control of the Minister responsible for transport and shall be previously certified as independent validaters.
“II. – Certification is issued for a maximum of five years by the Minister for Transport. In the event of non-compliance identified with the obligations to which independent validaters are subjected, or when they present by their working methods, behaviour or equipment used a safety risk, the Minister responsible for transport may:
“– suspend or withdraw the safety certification. Except in the event of an emergency, the security certification holder is previously notified of the proposed suspension or withdrawal measure and has a period of one month to submit written or oral submissions. In the event of an emergency, the immediate suspension of the safety certification may be pronounced for a maximum of one month, reconductable once the circumstances so require;
"– to impose restrictive measures of activity or corrective measures or to compensate for the non-compliance identified. Except in the event of an emergency, the independent validater concerned is previously notified of the measure being considered and has a period of 10 working days to present his written or oral comments.
"III. ― An order of the Minister for Transport sets out the terms and conditions for the application of this section, including:
“(a) The content of the certification application file as an independent validater;
“(b) Fields and procedures for carrying out missions of the certified independent validater;
"(c) Requirements for access to classified information and initial and ongoing training to be certified as an independent validater. »
Section 3 of Chapter III of Title I of Book II of the Civil Aviation Code is renamed "Access" and is thus amended:
I.-Section R. 213-3 is replaced by the following provisions:
"Art. R. 213-3.-I. ― The access of persons other than those referred to in the II to a regulated access security zone of an aerodrome where security measures are applied under the orders provided for in section R. 213-1-1 is subject to the possession of an authorization.
“II. ― A joint order by the Minister for Transport and the Minister of the Interior sets out the specific conditions for access in a security zone to regulated access by passengers, aircrews, pilot students, accompanied persons, persons admitted for a period of less than one week and certain officials and officials of the State.
"III. ― An order of the Minister for Transport fixes those of the facilities referred to in 4th of section L. 6332-1 of the transport code whose access is subject to the possession of a valid authorization throughout the national territory and a traffic permit. »
II.-It is added an article R. 213-3-1 as follows:
"Art. R. 213-3-1.-I. ― The authorization referred to in section L. 6342-3 of the Transportation Code is requested by the company or agency that employs the person to be authorized. It may be requested, prior to training, by the future employer. In this case, the authorization application file includes a letter of intent to hire.
"The authorization is granted or denied by the prefect exercising the police powers on the aerodrome when the company or agency concerned is located on the right of the aerodrome, or by the territorially competent prefect in the other cases. In Paris, competence belongs to the police prefect.
"The empowerment is valid throughout the national territory for up to five years.
“II. ― Enabling may be withdrawn or suspended by the territorially competent prefect where the morality or behaviour of the person in charge of this authorization does not present the required guarantees in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of an activity in the safe areas of controlled access to the airfields, in the places of preparation
"In the event of an emergency, the authorization may be suspended immediately by the territorially competent prefect for a maximum of one month, reconductable once the circumstances so require.
"III. – National police officers, customs officers and gendarmerie officers are deemed to have the authorization referred to in I."
III.-It is added an article R. 213-3-2 as follows:
"Art. R. 213-3-2.-The permission to access the runway side provided for in paragraph 1.2.1.2 of the schedule to Commission Regulation (EU) No. 185/2010 of 4 March 2010 is issued by the prefect exercising the police powers on the aerodrome for which the authorization is sought. It is subordinate to the justification of an activity on the runway side of the aerodrome.
"The authorization is withdrawn by the prefect when the track side activity is no longer justified. A joint order made by the Minister for Transport, the Minister of the Interior and the Minister for Customs shall determine the terms and conditions for the application of this section, including the terms and conditions for the issuance of that authorization, and the categories of persons deemed to hold that authorization. »
IV.-It is added an article R. 213-3 to read as follows:
"Art. R. 213-3-3.-I. ― Except for persons referred to in Article III of R. 213-3-1, the issuance of the traffic title provided for in the European Union safety regulations is subject to the justification for the authorization provided for in Article R. 213-3.
"The traffic title is issued for a period that does not exceed the duration of the authorization or the foreseeable duration of the activity in the regulated access security zone of its beneficiary. It is returned when the conditions leading to its deliverance are no longer fulfilled.
“II. ― The traffic title is issued by the prefect exercising the police powers on the aerodrome for which the title is requested or by the territorially competent prefect when the traffic title concerns the facilities referred to in Article III R. 213-3.
"It may be withdrawn by the prefect as long as one of the conditions set out in I of this article is no longer met by the beneficiary.
"In the event of an emergency, the traffic title may be suspended by the prefect for a maximum of one month, reconductable once the circumstances so require.
"III. ― State agents or persons acting on their behalf who justify an activity on several aerodromes or on several facilities cited in the III of Article R. 213-3 as well as persons of the companies and organizations referred to in Article L. 6341-2 of the transport code that have a supervisory role on several aerodromes may be entitled to a valid traffic title on all aerodromes or facilities considered.
"This traffic title is issued by the Minister for Transport.
"It may be withdrawn by the Minister if one of the conditions set out in I or III of this section is no longer met by the recipient.
"In the event of an emergency, the travel title may be suspended by the Minister for a maximum of one month, reconductable once the circumstances so require.
"IV. a joint order made by the Minister for Transport, the Minister of the Interior and the Minister for Customs shall determine the terms and conditions for the application of this section, including the list of traffic securities in a secure area of regulated access, their rules of port, use and restitution, their validity period, and the terms and conditions for pre-delivery training. »
It is added a section 4 in chapter III of Book II title I of the Civil Aviation Code called "Training" which includes sections R. 213-10, R. 213-11 and R. 213-12 of the Civil Aviation Code.
It is added a section 5 in chapter III of Book II title I of the Civil Aviation Code, entitled "Implementation of security measures" as follows:
I.-Section R. 213-5 is replaced by the following provisions:
"Art. R. 213-5.-I. ― The employer shall, for each officer submitted for approval for the exercise of the security inspections and searches provided for in Article L. 6342-4 of the Transportation Code, constitute a record that includes the identity of the officer, his nationality, the duties that he or she shall perform and his or her professional experience, the name of the aerodrome on which such work shall be done
"Accreditation may be requested, prior to training, by the future employer. In this case, the application file includes, in addition to the documents mentioned in the previous paragraph, a letter of intent to hire.
“II. ― Companies carrying out filtering inspections and security searches by their own officers will need to describe the terms and conditions of the security program provided for in national legislation and the regulation of the European and National Union.
"III. ― The approval referred to in Article L. 6342-4 of the Transportation Code is issued, denied and withdrawn by the competent prefect on the aerodrome in which the officer performs his duties and by the prosecutor of the Republic near the High Court in which the aerodrome is located.
"The accreditation is valid throughout the national territory. Accreditation is valid for a period not exceeding five years. »
II.-It is added an article R. 213-5-1 as follows:
"Art. R. 213-5-1.-In order to assess the effective application of safety measures in the context of internal quality control, companies and agencies responsible for the implementation of security measures carry out performance tests in operational situations.
"The areas and conditions for conducting the tests, including the skills of the personnel responsible for conducting these tests, the companies and organizations that, depending on the characteristics of their activity, are concerned, the frequency of the tests and the modalities for validation and communication of the results to the competent authorities of the State are determined by joint order of the Minister for Transport and the Minister of Interior. »
III.-It is added an article R. 213-5-2 as follows:
"Art. R. 213-5-2.-During the performance of their duties on an aerodrome, the persons performing the tasks referred to in paragraphs 11.2.3.1 to 11.2.3.5 and 11.2.3.7 of the schedule to Regulation (EU) No. 185/2010 of the Commission of 4 March 2010 and the persons carrying out the post supervision of the latter shall wear the uniform whose characteristics and conditions of implementation are fixed by ministers. »
IV.-It is added an article R. 213-5-3 as follows:
"Art. R. 213-5-3.-The technical terms and conditions of the filtering inspection measures referred to in section L. 6342-4 of the transportation code are determined, according to their nature and subject to these measures, either by order of the Minister for Transport or by joint order of the Minister for Transport, the Minister of Interior and the Minister for Customs when it is concerned. »
A section 6 is added in chapter III of Book II title I of the Civil Aviation Code known as "Disclosure Operations," which includes sections R. 213-6 and R. 213-6-1:
I.-Section R. 213-6 is replaced by the following provisions:
"Art. R. 213-6.-The owner or operator of an aircraft or the custodian of a vehicle, object or animals that contain a track, strip, route, area or regulatory clearance shall immediately take, as part of the directives that it receives from the airport authority, all the necessary provisions for the removal to be carried out as soon as possible, taking into account the requirements of the incident, »
II.-Section R. 213-6-1 is replaced by the following provisions:
"Art. R. 213-6-1.-In accordance with Article L. 6371-2 of the Transportation Code, for each removal operation, a deadline may be set by the airport authority, depending on the importance of the traffic and use of the work to be released as well as, where applicable, means of handling that may be used.
"If it is an accident aircraft, the removal period must be determined taking into account the need for judicial information and technical investigation. »
Section 1 of Chapter VII of Book II title I of the Civil Aviation Code is renamed "Common Provisions" and is amended as follows:
Section R. 217-1 is replaced by the following provisions:
"Art. R. 217-1.-The fines and suspension measures are the subject of a reasoned decision notified to the person concerned. They may be subject to full jurisdiction. Fines are recovered as the claims of the foreign state to tax and estate. »
Section 2 of Chapter VII of Book II title I of the Civil Aviation Code is renamed "Security" and is thus amended:
I.-Article R. 217-2 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 217-2.-I. ― In the event of failure to comply with the provisions of prefectoral orders and their specific enforcement measures relating to items a, b and g of Article II R. 213-1-4, and Article II (f) where the breach is found in areas not freely accessible to the public whose access is regulated, the prefect may, taking into account the nature and seriousness of the breaches and possibly the benefits that are derived from them:
" ―to make an administrative fine of up to 750 euros against the natural person who fails;
"to suspend access to the area not freely accessible to the public whose access is regulated for a period not exceeding 30 days.
"These ceilings can be doubled in the event of a further breach of the same nature committed within one year of the notification of the prefect's decision.
“II. ― In the event of failure to comply with the provisions of prefectoral orders and their specific enforcement measures relating to items a, b and g of Article II R. 213-1-4, and item f of Article II where the breach is found in areas not freely accessible to the public whose access is regulated, the prefect may, taking into account the nature and seriousness of the breaches and possibly the benefits that are payable to the public
"These ceilings can be doubled in the event of a further breach of the same nature committed within one year of the notification of the prefect's decision. »
II.-Article R. 217-2-1 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 217-2-1.-I. ― The breaches of the provisions listed in section R. 217-2 are the subject of written observations made by the gendarmerie officers, national police officers, customs officers and specially authorized and sworn officials and officers pursuant to section L. 6372-1 of the Transport Code. They refer to the sanctions. They are notified to the person concerned and communicated to the prefect by the chief of the service to which the editor belongs.
“II. ― The person concerned has a period of one month to present his written or oral comments to the prefect exercising the police powers on the aerodrome on the breaches of the provisions listed in section R. 217-2.
"The data subject must be aware of all the elements in his file. It must be heard by the territorially competent prefect before the prefect takes his decision and be represented or assisted by the person of his or her choice. The prefect may also hear the employer of an individual involved.
"III. ― No fine or suspension measure may be imposed more than two years after the finding of a breach. »
It is added a section 3 in Chapter VII of Title I of Book II of the Civil Aviation Code named "Security" as follows:
I.-Article R. 217-3 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 217-3.-I. ― In the event of a breach of the provisions:
“(a) Orders and measures taken pursuant to articles R. 213-1-1 and R. 213-1-2;
“(b) Prefectural orders and their specific enforcement measures relating to items c and d of article R. 213-1-5;
"(c) Article R. 213-3 and texts taken for its application;
"(d) Article R. 213-3-2 in the possession of the permission for access to the runway side and section R. 213-3-3 in respect of the carriage, use and restitution of the traffic title in the restricted access security zone;
“e) 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, its annex and regulations and their annexes taken by the Commission pursuant to Article 4;
“(f) Measures taken by the competent administrative authority under the second paragraph of articles L. 6753-1, L. 6763-5, L. 6773-5 and L. 6783-6 of the Transport Code,
the prefect may, taking into account the nature and seriousness of the breaches and possibly the benefits derived from it, after the advice of the commission established in article R. 217-3:
" ―to make an administrative fine of up to 750 euros against the natural person who fails;
"(i) suspend the authorization or traffic title provided for in sections R. 213-3-2 and R. 213-3-3 for a period not exceeding 30 days. In this case, it requires immediate remission.
"However, the fine may not exceed 150 euros and the duration of the suspension six days, in case of apparent port failure or use outside of their area of validity of the traffic title or a vehicle traffic authorization. These ceilings may be doubled in the event of a further breach of the same nature committed within one year of the notification of the prefect's decision.
“II. ― In the event of a breach of the provisions:
“(a) Orders and measures taken pursuant to articles R. 213-1-1 and R. 213-1-2;
“(b) Prefectural orders and their specific enforcement measures relating to items c and d of article R. 213-1-5;
"(c) Section L. 6341-1 of the Transportation Code, section L. 6342-1 of the Transportation Code, section L. 6342-4 of the Transportation Code, that it provides that officers conducting filter inspections and security searches are approved, section R. 213-3 and texts taken for their application;
"(d) 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, its annex and regulations and their annexes taken by the Commission pursuant to Article 4;
“e) Restrictive operating measures and corrective or corrective measures to compensate for a reported non-compliance under section R. 213-2-1 and R. 213-2-2;
“(f) Article R. 213-5-1 and texts taken for its application;
“(g) Articles R. 213-10, R. 213-11 and R. 213-12 and texts taken for their application;
“(h) Measures taken by the competent administrative authority under the second paragraph of articles L. 6753-1, L. 6763-5, L. 6773-5 and L. 6783-6 of the Transport Code,
the prefect may, taking into account the nature and seriousness of the breaches and possibly the benefits derived from it, after notice of the commission established in article R. 217-3, issue an administrative fine of up to 7,500 euros against the legal person responsible.
"However, the fine cannot exceed 1,500 euros in the event of a failure to submit the documents required by the regulations. These ceilings may be doubled in the event of a further breach of the same nature committed within one year of the notification of the prefect's decision.
"III. ― In the event of a breach of the performance level obligations required by national legislation and the regulation of the European and National Union, found in written circumstantial drafted by a State officer, body or person designated in article L. 6341-1 of the transport code, and highlighted following operational tests carried out in accordance with the requirements of the regulations in force, the prefect may, after notice of the commission instituted in the amount of fine
"A joint order made by the Minister for Transport and the Minister of the Interior determines the terms and conditions for the application of the previous paragraph, including test situations, required levels of performance and measurement methods. »
II.-It is added an article R. 217-3-1 as follows:
"Art. R. 217-3-1.-I. ― The breaches of the provisions listed in section R. 217-3 are the subject of written observations made by the gendarmerie officers, national police officers, customs officers and specially authorized and sworn officials and officers pursuant to section L. 6372-1 of the Transport Code. They refer to the sanctions. They are notified to the person concerned and communicated to the prefect by the chief of the service to which the editor belongs.
“II. ― For breaches of the provisions listed in section R. 217-3 and the expiry of a period of one month to the person concerned to present his or her written or oral submissions, the prefect may refer to the commission established in section R. 217-3-3 which issues a notice on the action to be taken.
"The data subject must be aware of all the elements in his file. It must be heard by the commission before it issues its opinion and be represented or attended by the person of its choice. The Board may also hear the employer of a natural person involved.
"III. ― No fine or suspension measure may be imposed more than two years after the finding of a breach. »
III.-It is added an article R. 217-3-2 as follows:
"Art. R. 217-3-2.-By derogation from the provisions of articles R. 217-3 and R. 217-3-1, for breaches:
"– the rules relating to the protection of access to regulated safe areas and boarding counters;
“– the rules relating to the issuance, port and return of airport traffic securities;
“– the rules relating to penetration into a restricted security zone;
"– the procedures for the screening inspection of persons, their baggage and cargo baggage;
"– the rules relating to the verification of the agreement between the boarding card and its identity when required or the measures to reconcile the passenger with its cargo compartment;
“—the rules relating to the protection and conservation of prohibited items used as tools of trades in a secure area with regulated access,
the prefect may impose an administrative penalty upon the expiry of the period of one month to the person concerned to submit his or her written or oral comments and after notice by the permanent delegate of the security commission.
"This procedure can only be implemented provided that the possibility has been referred to in the first paragraph of Article R. 217-3-1.
"In accordance with this article, the prefect may, taking into account the nature and severity of the breaches and possibly the benefits derived from them:
“(a) If the perpetrator of the breach is a natural person, i.e. to make an administrative fine of not more than 750 euros, or to suspend the authorization or traffic title provided for in sections R. 213-3-2 and R. 213-3-3 for a period not exceeding 30 days.
"However, the fine may not exceed 150 euros and the duration of the suspension six days in case of apparent port failure or use outside of their area of validity of the traffic title or a vehicle pass;
“(b) If the perpetrator of the breach is a legal entity, make an administrative fine of up to 7,500 euros.
"However, the fine cannot exceed 1,500 euros in the event of a failure to submit the documents required by the regulations.
"These ceilings can be doubled in the event of a further breach of the same nature committed within one year of the notification of the prefect's decision.
"No fine or measure of suspension may be imposed more than two years after the finding of a breach. »
IV.-It is added an article R. 217-3 to read as follows:
"Art. R. 217-3-3.-A security commission shall be established at each airport referred to in section R. 213-1-1 which is seized for advice by the prefect before any administrative penalty referred to in section R. 217-3. »
V.-It is added an article R. 217-3-4 as follows:
"Art. R. 217-3-4.-The members of the aerodrome safety board and their alternates at the latest two alternates for a licensee shall be appointed by order of the prefect for a period of three years renewable.
"The commission is chaired by the Director of Civil Aviation Security Interregional or his representative. It also includes:
"– eight members for aerodromes whose average commercial traffic in the last three years exceeds five million passengers;
“– six members for aerodromes whose average commercial traffic in the last three years exceeds 200,000 passengers but is less than five million passengers;
“– and four members for aerodromes whose average commercial traffic in the last three years is less than 200,000 passengers,
distributed equally between:
“1. On the one hand, representatives of the State appointed on the proposal of the various territorially competent chiefs of service among the police, gendarmerie, civil aviation or customs officers acting on the aerodrome and, where appropriate, the military authority having the status of secondary affection;
“2. On the other hand, representatives:
"–from the aerodrome operator;
"—persons authorized to occupy or use the aerodrome's regulated access safety zone;
"– Airborne personnel and other categories of personnel employed on the airfield.
"In all cases, this commission includes at least one representative of the airfield operator and, on aerodromes whose average commercial traffic over the past three years exceeds 200,000 passengers, a representative of air carriers and a representative of aircrew personnel and other categories of personnel employed on the airfield. In addition, on aerodromes where the Ministry of Defence is the primary affector, this commission includes the representative of the military authority in charge of the aerodrome. The commission elects a permanent delegate within it.
"In departments with more than one aerodrome, the prefect can designate a single commission on several aerodromes. The number of members of this commission is determined against the aerodrome with the largest traffic.
"A joint order made by the Minister for Transport and the Minister of the Interior shall, among the security commissions, designate for each territorial jurisdiction of the interregional Civil Aviation Security Directorates, a security commission to examine the breaches of the provisions listed in section R. 217-3, where the finding refers to facts that have taken place in its territorial jurisdiction, outside the right of an aerodrome where a security commission is constituted. »
VI.-It is added an article R. 217-3-5 as follows:
"Art. R. 217-3-5.-The incumbent or alternate members of the safety commission of an aerodrome who lose the quality according to which they were appointed lose the quality of a member of the commission.
"The commission can only deliberate if at least four of its members are present for aerodromes whose traffic is equal to or greater than 200,000 passengers per year and three of its members for aerodromes whose traffic is less than 200,000 passengers per year. The proposal was adopted by a majority of the members present.
"The functions of a commission member are free of charge. Its secretariat is provided by local civil aviation services. »
It is added a section 4 in Chapter VII of Title I of Book II of the Civil Aviation Code known as "Non-compliance with obligations relating to persons with disabilities and persons with reduced mobility".
I.-The provisions of section R. 217-4 shall be replaced by the following provisions:
"Art. R. 217-4.-The Minister for Civil Aviation may, after consultation with the Civil Aviation Administrative Committee provided for in Article R. 160-3, issue an administrative fine against the airfield operator who does not comply with the obligations set out in Regulation (EC) No. 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of persons with disabilities and persons with reduced mobility. »
II.-An article R. 217-4-1 is inserted as follows:
"Art. R. 217-4-1.-The breaches referred to in section R. 217-4 are found by officials and agents listed in section L. 6431-1 of the Transportation Code.
"The provisions of articles R. 160-2, R. 160-8, R. 160-9, R. 160-10 and R. 160-14 shall apply. »
III.-An article R. 217-4-2 is inserted as follows:
"Art. R. 217-4-2.-The Minister for Civil Aviation, following the advice of the Civil Aviation Administrative Committee, shall, where appropriate, fix the amount of the fine provided for in section R. 217-4 taking into account the nature and severity of the breaches. This amount cannot exceed 7 500 euros per default. This ceiling is doubled in the event of a new breach within one year of the previous one. »
It is added a section 1 in Chapter II of Title VIII of Book II of the Civil Aviation Code called "Common Provisions". This section is drafted as follows:
I.-Article R. 282-1 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 282-1.-For the finding of offences under sections R. 282-2 and R. 282-3, as well as for the finding of breaches of the provisions referred to in sections R. 217-2 and R. 217-3, the authorization provided for in section L. 6372-1 of the Transportation Code is pronounced by the Minister for Transport. It mentions its purpose and the geographic exchange in which the officer authorized to do so is, on the basis of his assignment, to observe these offences and breaches. »
II.-It is added an article R. 282-1-1 as follows:
"Art. R. 282-1-1.-The officers authorized under section R. 282-1 shall be sworn in before the High Court of their administrative residence. »
III.-It is added an article R. 282-1-2 as follows:
"Art. R. 282-1-2.-The oath is as follows:
" I swear to conduct with accuracy and probity, within the limits of the laws and regulations in force, the finding of offences under sections R. 282-2 and R. 282-3 of the Civil Aviation Code and the finding of breaches of the provisions referred to in R. 217-2 and R. 217-3 of the same Code.
" I also swear not to reveal or use anything that will be brought to my knowledge in the exercise of my duties. “”
IV.-It is added an article R. 282-1-3 as follows:
"Art. R. 282-1-3.-Without prejudice to the recognized competences of officers and judicial police officers, large-scale traffic contraventions on aerodromes referred to in Article L. 2132-13 of the General Code of Public Ownership may be found by agents of the General Directorate of Civil Aviation and by personnel of the airfield operator, sworn and authorized to do so. »
It is added a section 2 in Chapter II of Title VIII of Book II of the Civil Aviation Code called "Security". This section is drafted as follows:
I.-Article R. 282-2 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 282-2.-Without prejudice to the application of the provisions governing the case of large-vehicle contraventions and the case of contraventions road code in a zone freely accessible to the public, those who have contravened the provisions of the prefectural order made under the II of Article R. 213-1-4 are punished:
“1. A fine for fourth class contraventions, where the offence was committed within an area not freely accessible to the public whose access is regulated;
“2. A fine for third class contraventions in the area that includes parts of an aerodrome, including all or part of the adjacent land and buildings, that are not in an area not freely accessible to the public whose access is regulated. »
It is added a section 3 "Security" in chapter II of Title VIII of Book II of the Civil Aviation Code:
I.-Article R. 282-3 of the Civil Aviation Code is moved to this section.
It is replaced by the following:
"Art. R. 282-3.-Without prejudice to the application of the provisions governing the case of large-vehicle contraventions and the case of contraventions road code in the area on the city side, those who contravened the provisions of the prefectural order made under points c and article R. 213-1-5 shall be punished:
“1. The fine for the fourth class contraventions, when the offence was committed within the track side area.
"A fine shall be punished by the same fine any person entering the area on the runway side or, if any, in one of the different sectors and areas that make up the latter without legitimate reason to find it;
“2. The fine for third class contraventions, when the offence was committed in the city side area. »
The schedule to the above-mentioned Order of 19 December 1997 is amended as follows:
The following lines are added to the table "Civil Aviation Code" of the measures taken by the Minister for Civil Aviation at item B of Part II of the Schedule:
| 27 | Air carrier safety clearance | Article R. 213-2-1, II |
| 28 | Authorized security clearance | Article R. 213-2-1, II |
| 29 | Safety approval of known chargers | Article R. 213-2-1, II |
| 30 | Authorized suppliers security clearance | Article R. 213-2-1, II |
| 31 | Delivering valid traffic titles on several aerodromes or installations | Article R. 213-3, III |
| 23 | Certification of independent validaters | Article R. 213-2, II |
Articles R. 217-3-3, R. 217-3-4 and R. 217-3-5 of the Civil Aviation Code may be amended by order.
I. ― The provisions of this decree are applicable in New Caledonia, French Polynesia and Wallis-et-Futuna.
II. - For the application of this decree in New Caledonia, in French Polynesia, in Wallis-et-Futuna, in Mayotte, in Saint-Barthélemy and in Saint-Pierre-et-Miquelon, to the aerodromes open to international trade, the references made to Regulation (EC) No 300/2008 of the European Parliament and the Council of 11 March 2008 concerning the safety of said
In New Caledonia, French Polynesia, Wallis-et-Futuna and Saint-Pierre-et-Miquelon, 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 metropolis.
III. - For its application in New Caledonia, French Polynesia and Wallis-et-Futuna, the powers conferred on the prefect are exercised by the representative of the State.
IV. - For its application in New Caledonia, French Polynesia, Wallis-et-Futuna and Saint-Pierre-et-Miquelon:
1° The powers conferred on the Director of Civil Aviation Security Interregional are exercised, as the case may be, by the Director of Civil Aviation, the Director of Civil Aviation Service or the Director of the State Civil Aviation Service;
2° In the last paragraph of Article R. 217-3-3 of the Civil Aviation Code, the words: "for each territorial jurisdiction of the interregional Civil Aviation Security Directorates" are deleted and the words: "in its territorial jurisdiction" are replaced, as the case may be, by the words: "in New Caledonia", "in French Polynesia", "in Wallis-et-Futuna" or "in Saint-Mique".
Sections R. 213-4, R. 213-7 to R. 213-9, R. 213-13 to R. 213-17, R. 217-5 to R. 217-8, R. 282-4 to R. 282-8 and R. 321-2 to R. 321-13 of the Civil Aviation Code are repealed.
The provisions of this Decree come into force on 1 July 2012.
The Minister of Economy and Finance, the Minister of the Interior, the Minister of Ecology, Sustainable Development and Energy, the Minister of Defence, the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, and the Minister Delegate to the Minister of Ecology, Sustainable Development and Energy, responsible for the transport, the sea and the fisheries, are responsible, each with regard to the official execution of the French decree,
Done on 29 June 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
Minister of Economy and Finance,
Pierre Moscovici
The Minister of the Interior,
Manuel Valls
Minister of Defence,
Jean-Yves Le Drian
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
Minister Delegate
to the Minister of Ecology,
sustainable development and energy,
Transport Officer
of the sea and fishing,
Frédéric Cuvillier
