Advanced Search

Decree No. 2014-568 Of May 30, 2014, Approving The Agreement Between The State And The Operating Company Of Toulouse Francazal Airport (Setfa) For The Concession Of The Toulouse-Francazal Aerodrome And The Specifications Annexed To Cett...

Original Language Title: Décret n° 2014-568 du 30 mai 2014 approuvant la convention passée entre l'Etat et la Société d'exploitation de Toulouse Francazal Aéroport (SETFA) pour la concession de l'aérodrome de Toulouse-Francazal et le cahier des charges annexé à cett...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Keywords

SUSTAINABLE DEVELOPMENT, ECOLOGY, AIRPORT, SOCIETY EXPLOITATION OF TOULOUSE FRANCAZAL AEROPORT , SETFA , AERODROME , CONVENTION OF CONCESSION , APPROVAL , CONCESSION OF THE AERODROME OF TOULOUSE-FRANCAZAL , REALISATION , EXPLOITATION , TRETIEN , CAHIER DESG CHARGES


JORF n°0127 du 3 juin 2014 page 9219
text No. 10



Decree No. 2014-568 of 30 May 2014 approving the agreement between the State and the Société d'exploitation de Toulouse Francazal Aéroport (SETFA) for the concession of the Toulouse-Francazal airfield and the specifications annexed to this convention

NOR: DEVA1324906D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/5/30/DEVA1324906D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/5/30/2014-568/jo/texte


The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
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;
Considering the Civil Aviation Code (regulatory part), including Book II;
Vu le Civil codeincluding article 1382;
Vu le Trade codeincluding article L. 233-3;
Vu le environmental codeincluding articles L. 210-1 and L. 221-6, L. 571-13, L. 571-15, L. 572-2 and L. 572-6;
Vu le general code of public ownership ;
Vu le General Tax Codeincluding articles 1609 quatervicies and 1609 quatervicies A;
Considering the transport code (legislative section), including Book III of Part VI;
Vu le Labour codeincluding article L. 1224-1;
Vu le urban planning codeincluding 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;
See?Order No. 2005-649 of 6 June 2005 in relation to procurement by certain public or private persons not subject to Public procurement codeincluding 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. 2007-244 of 23 February 2007 relating to aerodromes belonging to the State and approving the standard specifications applicable to the concession of such aerodromes;
The State Council (section of public works) heard,
Decrete:

Article 1


Approved:
1° The concession agreement between the State and the Société d'exploitation de Toulouse Francazal Airport on the realization, development, renewal, maintenance, operation and promotion of land, structures, buildings, installations, materials, networks and services of the Toulouse-Francazal aerodrome;
2° The terms of reference of the concession and its annexes.
A copy of the concession agreement, the terms of reference and its annexes is annexed to this Order (1).

Article 2


The costs of publishing in the Official Journal of the French Republic and of printing this decree, the concession contract and the annexed specifications are borne by the Société d'exploitation de Toulouse Francazal Aéroport (SETFA).

Article 3


The Minister of Ecology, Sustainable Development and Energy, the Minister of Finance and Public Accounts, the Minister of Economy, Production Recovery and Digital Affairs, the Secretary of State for Transport, the Sea and Fisheries and the Secretary of State for the Budget are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    CONCESSION CONVENTION ON THE CONCESSION
    DE L'AÉRODROME DE TOULOUSE-FRANCAZAL


    Between 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 Société d'exploitation de Toulouse Francazal Aéroport (sigle SETFA),
    Simplified shares company with the capital of 15,000 €, having its seat at the airport of Toulouse-Francazal, avenue du Général-Bares, 31270 Cugnaux, registered at the RCS of Toulouse under number 797 678 604, having for President Bertrand BILGER, duly authorized for this purpose, referred to in this document and in the book of charges attached "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 annexed specifications, the State entrusts to the Société d'exploitation de Toulouse Francazal Aéroport, which accepts it, the concession of the Toulouse-Francazal airfield.


    Article 2


    The concessionaire undertakes to carry out the concession of the Toulouse-Francazal aerodrome at its own costs, risks and risks under the conditions set out in the terms of reference annexed to this Agreement.


    Article 3


    This Convention and its terms of reference come into force on the day after the publication in the Official Journal of the French Republic of the decree in the Council of State approving them in accordance with provisions of Article R. 223-2 of the Civil Aviation Code.


    Article 4


    The duration of this Convention shall be forty-five years from its entry into force.
    Done in Paris, 20 February 2014.


    For the state:
    For the Minister and by delegation:

    The Director of Air Transport,
    P. Schwach
    For the company:
    President of the Corporation
    d'exploitation de Toulouse
    Francazal Airport,
    B. Bilger
    Concession charges statement
    Toulouse-Francazal aerodrome
    CONTENTS


    Title I. ― Purpose, nature and characteristics of the concession
    Article 1. - Purpose of the concession
    Article 2. ― Dealer identification
    Article 3. ― Assiette of the concession
    Article 4. ― Land acquisitions
    Article 5. ― Real rights to the concessionaire
    Article 6. – Contracts or commitments entered into prior to the entry into force of the concession and staff regime
    Article 7. ― Initial work
    Article 8. – Southwest access
    Part II. ― General Operating Framework
    Article 9. ― Operator quality and general operating principles
    Article 10. ― Coordination and information sharing
    Article 11. • Opening to air traffic
    Article 12. ― Air Navigation Services
    Article 13. ― Operating Consignes and Opening Hours
    Article 14. – Contracts for certain concessionaire missions to third parties
    Article 15. – Legal acts of the concessionaire
    Article 16. ― Deliverance of acts constituting real rights
    Part III. ― Terms of operation
    Chapter I. services to air carriers and other aircraft operators
    Article 17. ― Allocation of air carriers
    Article 18. ― Allocation of airport facilities and equipment to users
    Article 19. ― Operating premises
    Article 20. ― Stopover assistance
    Article 21. ― Operations of aeronautical areas
    Article 22. ― Presentation of medium- and long-term perspectives
    Chapter II. ― Services rendered to other businesses
    Article 23. Access
    Article 24. ― Cargo and Post Companies
    Article 25. ― Public transport operators
    Chapter III. Services to passengers and the public
    Article 26. ― Access and air traffic
    Article 27. ― Reception of certain categories of passengers
    Article 28. ― Health Services
    Article 29. ― Passenger and Public Information
    Article 30. – Significant disruptions and delays
    Chapter IV - Participation in administrative police missions
    Article 31. ― State services information on operational disruptions
    Article 32. ― Activity authorizations in airport controls
    Article 33. - Specific safety provisions
    Article 34. ― Application of the regulation on stopover assistance
    Rule 35. ― Control of the application of regulations on time slots
    Article 36. ― Control of the application of operating restrictions
    Article 37. ― Application of regulations on servitudes
    Article 38. ― Aerodrome Operations Police
    Article 39. – Conservation police
    Article 40. General Security
    Article 41. - Application of health regulations
    Chapter V. ― Conditions for the exercise of State missions and public institutions
    Article 42. access to state-owned facilities and public facilities
    Article 43. Access to airport facilities
    Article 44. ― Air Navigation Service Provider
    Article 45. ― State services in charge of urban planning, construction and environmental protection
    Article 46. ― Weather-France
    Article 47. – Border Control and Public Security Administrations (General Provisions)
    Rule 48. – Border Control and Public Security Administrations (consultations)
    Article 49. ― Other State Administrations
    Article 50. ― Conditions of occupancy of other premises and parking lots
    Article 51. ― Removal of certain land
    Article 52. ― Relief plans
    Chapter VI. ― Quality of service
    Article 53. • Quality Improvement and Control
    Article 54. • Quality measurement
    Article 55. ― Claims and User Observations
    Part IV. ― Insertion into the environment
    Article 56. ― Environmental approach
    Article 57. environmental impact
    Article 58. Public information on environmental impacts
    Article 58-1. ― Mutual information of concessionaire and air carriers
    Article 59. - Application of environmental regulations
    Title V. ― Land and Infrastructure Provisions
    Article 60. – Aerodrome development and easement plans
    Article 61. ― Investments imposed by the Minister for Civil Aviation
    Article 62. ― Workplan
    Article 63. ― Decontamination and decontamination operations
    Article 64. ― Investment files
    Article 65. ― Construction, services and supplies markets
    Article 66. ― Occupation of real property
    Article 67. ― Equipment not related to airport public service
    Article 68. ― Rights and obligations of the concessionaire with respect to public utility
    Article 69. ― Airport infrastructure capacity
    Part VI. – Financial system
    Article 70. ― Concession resources
    Article 71. • Governmental redevance
    Article 72. – Clause back to better fortune
    Article 73. ― Taxes and Taxes
    Article 74. – Guarantees
    Article 75. ― Accounting of the concession
    Article 76. • Analytical accounting
    Article 77. ― Insurance obligation
    Article 78. ― Imprevision, Force majeure and other unpredictable events
    Part VII. ― Information to be provided and modalities of State control
    Article 79. ― Information to be provided
    Article 80. ― Management control procedure
    Part VIII. – Conservative measures and financial penalties
    Article 81. financial penalties
    Article 82. – Conservative measures
    Title IX. ― Expiration of contract
    Article 83. ― Duration of the concession
    Article 84. ― Waiver of the concession
    Article 85. ― Purchase of the concession
    Article 86. due
    Article 87. – Resuming property
    Article 88. – Resuming the concessionaire’s legal commitments
    Article 89. ― Settlement of Concession Accounts
    Article 90. - Specific provisions relating to value added tax
    Title X. ― Miscellaneous provisions
    Article 91. • Free information
    Article 92. ― Termination of the concession
    Article 93. ― Election of domicile
    Article 94. - Conciliation
    Article 95. ― Publication, printing and registration fees
    Article 96. Judgment of disputes
    Article 97. ― Prioritization of Parts
    List of annexes:
    Annex 1. ― Assiette of the concession
    Annex 2. ― Inventory of Disposable Assets
    Annex 3. ― Precisions on initial work referred to in Article 7 of the Terms of Reference
    Annex 4. ― General composition diagram
    Annex 5. ― Initial royalty rates
    Annex 6. ― List of commitments to resume
    Annex 7. ― Initial Business Plan
    Annex 8. ― List of Article 1 Protocols


    PART I
    OBJECT, NATURE AND FEATURES
    DE LA CONCESSION
    Article 1
    Purpose of the concession


    I. ― The concession concerns the aerodrome of Toulouse-Francazal. Its purpose is to:
    ―on the one hand, the realization of initial investments defined in Article 7 of this Terms of Reference for the complete upgrading of the land, structures, buildings, installations, equipment, networks and services of the aerodrome to meet the needs of the business aviation, secondary affectataries and occupants installed at the aerodrome;
    ―on the other hand, the realization, development, renewal, maintenance, operation and promotion of the lands, structures, installations, equipment, networks and services of the aerodrome referred to above.
    The concessionaire shall, under the terms of this terms of reference and in accordance with the provisions of common law relating to any airfield operator and to the specific provisions applicable to it, ensure the operation of the aerodrome.
    It provides an airport service that meets the needs of air carriers, other aircraft operators, administrations and businesses that are required for air operations, 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 aerodrome in a manner consistent with the requirements of air transportation and its current and future needs. It realizes the investments and acquisitions necessary for this purpose.
    II. ∙ The concessionaire shall carry out all activities related to the concession at its own expense, risk and risk, subject to the provisions of this terms of reference.
    Protocols to specify certain technical enforcement measures of the concession are concluded, where appropriate, between the concessionaire and, as the case may be, the South Civil Aviation Safety Director or an air navigation service provider. Appendix 8 to this Terms of Reference is updated by contradictory observation as these protocols conclude.


    Article 2
    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.
    The concessionaire shall give the State a true copy of its statutes within ten 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.


    Article 3
    Assiette of the concession


    I. - The movable or immovable property made available to the concessionaire by the State and those acquired or realized by the concessionaire consist of goods of return, goods of recovery and property of its own.
    They are defined as follows:
    (a) Goods back.
    They are composed:
    ―of all the furniture and real property made available to the concessionaire by the State;
    – land, structures, buildings, installations, networks, intellectual works (plans, databases...) and related intellectual property rights to the concession, made, renewed or acquired by the concessionaire;
    – movable property necessary for the operation of the concession, made, renewed or acquired by the concessionaire.
    Subject to the provisions of Article 5 of this Terms of Reference, these properties belong to the State as soon as they are made available, completed, acquired or completed 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 upon the expiry of this concession contract.
    At the end of the concession, they must return to the State under the conditions provided, as the case may be, in articles 85, 86 and 87 of the present terms of reference;
    (b) Resumption property.
    They consist of assets acquired or realized by the concessionaire, useful to the operation of the service, other than return goods and property.
    These assets may become, at the end of this contract, for any cause, the property of the State if it exercises its right to repurchase, under the conditions provided for in Article 87 of this Terms of Reference.
    During the contract term, these properties are considered to be owned by the concessionaire. However, the latter can only be disposed of at the end of this contract if the State does not claim them;
    (c) Clean property.
    They consist of non-funded property, even in part, by the resources available under this concession contract and which are not encumbered with any mandatory or optional return clause.
    They belong in full ownership to the concessionaire within the limits set by the federal law. At the end of the concession, the State has no obligation to take over these assets.
    Clean goods are freely closed by the concessionaire at the price it freely determines.
    II. - No later than six months after the conclusion of the concession agreement, an inventory is prepared contradictoryly, classifying the property according to the three categories mentioned in I. This inventory will be shown in Appendix 2 to this Terms of Reference, in substitution of the inventory attached at the time of the contract conclusion.
    This inventory is updated by the parties every two years from the anniversary date of the grant's entry into force.
    On this occasion, 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 assets between these three categories is determined by the Minister for Civil Aviation.
    The concessionaire shall, at any time, communicate to the Minister for Civil Aviation, at its request, the list of assets of the secured concession following the last fiscal year.
    All plans, expert reports and documents deemed necessary for the identification of property by the Minister for Civil Aviation are annexed to it within a reasonable time. They are established at the dealer's expense when the goods entered the concession after the entry into force of this Agreement.
    III. - Appendix 1 contains a plan for the delimitation of land included in the concession. The concessionaire shall establish at its own expense, within six months, a boundary and a cadastral plan of the land incorporated in the concession. This annex is then updated following a contradictory observation.
    IV. - The concessionaire may, subject to the powers conferred by the law to the State services and after expressly authorized by the Minister for Civil Aviation, destroy, dismiss or dispose of return goods that would no longer be necessary for the concession. However, this authorization is not necessary for the implementation of the general composition scheme referred to in section 60.
    The assets of return that are disposed of or disposed of are, on the occasion of the update of the inventory contained in Appendix 2 to this specifications, removed from the inventory.
    V. - The concessionaire accepts the goods brought by the State in the state in which they are located, except as a decennial and biennial guarantee and subject to hidden defects.


    Article 4
    Land acquisitions


    The concessionaire is responsible for land acquisitions that would be strictly necessary to carry out the tasks of this specifications. The land thus acquired is property of return.


    Article 5
    Real rights to the concessionaire


    The concession gives rise to the creation of real rights under the conditions provided by the general code of public ownership and code of state domain.
    The following assets may 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. By derogation, real rights are granted on the part of the parking space required for the implementation of the general composition scheme referred to in section 60.
    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 6
    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 operator and the State in the exercise of their rights and obligations with respect to persons who would be beneficiaries of markets, subcontracted, leases, authorizations or permissions of occupation on the elements of the concession.
    The concessionaire is also responsible for all technical, administrative and financial responsibilities arising from the commitments mentioned in the preceding paragraph for the State.
    A list of commitments is contained in Appendix 6 to this Terms of Reference. It will be updated within a maximum of six months by contradictory observation.
    II. - The nominative list of agents used by the previous delegate is notified to the dealer on the day the concession agreement is signed. TheArticle L. 1224-1 of the Labour Code applies to these agents. The transfer of their contracts shall be effected no later than the effective date of the concession.
    III. - The concessionaire shall, under the conditions provided for in the concession agreement, resume the stocks and supplies necessary for the operation of the aerodrome.
    IV. - In the event that the State would be required to pay an allowance or to return a liability to the previous airfield operator, the allowance or recovery of the liability shall be borne by the concessionaire.


    Article 7
    Initial work


    The state continues, after the concession's entry into force date, work previously committed to upgrading the site's buildings and fluid networks, within the framework of the local revitalization plan (funds for the restructuring of the defence).
    The concessionaire shall, in accordance with the details provided in Annex 3, carry out the following initial work:
    - rehabilitation of track and traffic routes A2 and C3;
    – the work required for the track registration for a runway precision approach 12 including at least one Class 1 ILS and the approach light marking;
    - the completion of the rehabilitation of networks of all kinds of aerodrome that would not have been carried out under the first paragraph of this article;
    ― the completion of terminal facilities for the reception of business aviation passengers;
    ― the rehabilitation work necessary to ensure the enclosed and cover on buildings subject to temporary occupation authorizations, taking into account their residual occupancy period;
    - the rehabilitation of at least one hangar for the reception of business aviation aircraft;
    ― the realization of an air wash area conforming to Articles L. 210-1 et seq. of the Environmental Code ;
    – other work required for compliance Articles L. 210-1 et seq. of the Environmental Code.
    The nature of the work and the time limit for completion from the entry into force of this concession are specified in Appendix 3 to this Terms of Reference.
    The concessionaire shall expend on initial work a total investment expenditure of not less than €10.131 million (March 2013). The nature of the work and its schedule may, where appropriate, be modified according to the priorities in accordance with that envelope. In this case, Appendix 3 is updated by contradictory observation between the concessionaire and the State.


    Article 8
    Southwest access


    The concessionaire takes into account in its development plan the possibility of carrying out an aircraft traffic route linking the runway to the non-concession area located south-west of the runway, in the event that the aeronautical vocation of the said area is confirmed. In the event of the need for such equipment, at the request of the owner or occupants of this area, the concessionaire allows it to be carried out as soon as possible, either as a workmaster or by authorizing it by a third party.


    PART II
    GENERAL FRAMEWORK FOR EXPLOITATION
    Article 9
    Operator quality and general principles
    related to operations


    The concessionaire shall respect and enforce, under all circumstances, its obligations under this terms of reference and the concession agreement, 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 Codeincluding airport security and security.
    Subject to the provisions of Article 14 of this Terms of Reference, the concessionaire shall not delegate its operator status.
    The decisions made by the concessionaire respect the principles of transparency and equal treatment of users.


    Article 10
    Coordination and information sharing


    I. - Without prejudice to the competence of the State services and, in particular, 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 flights at departure or on arrival, under the conditions provided by a technical protocol.
    II. - The dealership brings to the attention of the users and the public the schedules of the permanence set up on the aerodrome. This permanence is provided by a qualified agent to represent the concessionaire. It corresponds to the aerodrome opening hours.
    The concessionaire ensures that users and the public have, on the airfield, the means to reach a qualified agent as soon as possible, outside the hours of permanence.


    Article 11
    Opening to air traffic


    Aerodrome is open to public air traffic within the meaning ofArticle D. 221-2 of the Civil Aviation Code.


    Article 12
    Air navigation services


    On the effective date of the concession, the concessionaire provides an aerodrome flight information service (AFIS) and proposes to this end its services, or those of another service provider, to the designation by the Minister for Civil Aviation.
    The air traffic control service may subsequently be rendered by the State if it considers it necessary, depending on the evolution of traffic, in the manner and with the means it deems appropriate.
    The State defines the level of meteorological assistance service required on the aerodrome. The concessionaire ensures that the meteorological service is rendered at least at the level required by the State and concludes a protocol or convention with Weather France.


    Article 13
    Operating Instructions and Opening Hours


    Subject to the powers vested in the authorities of the State by the Civil Aviation Code, the concessionaire establishes the operating instructions and opening times of the aerodrome, which cannot prohibit or restrict 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 South Civil Aviation Safety Director before being applied. Interested aeronautics users are informed simultaneously. The notice of the South Civil Aviation Safety Director is deemed favourable in the absence of a response within one month of the notification.
    The opening hours of the aerodrome are presented, for prior approval and after consultation with users, to the Director of Safety of South Civil Aviation. The concessionaire determines the opening times of the different categories of airport facilities in a manner compatible with those of the aerodrome.
    Operating instructions and opening hours are communicated to users and the public by all appropriate means.


    Article 14
    Contracts for certain missions
    to third parties


    The provisions of this section 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 which provides that the third party directly receives 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 to which the concessionaire has the charge under theArticle 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 to the South Civil Aviation Safety Director upon request.
    In any case of a figure, the concessionaire remains fully responsible for the State for the proper execution of the services or services entrusted to third parties pursuant to 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 15
    Legal acts of the concessionaire


    I. - The legal acts of the concessionaire, in any form, are established in accordance with the provisions of this terms of reference and the concession agreement.
    Otherwise, the Minister for Civil Aviation may require termination or modification at the dealer's expense.
    II. - The acts of the concessionaire whose purpose or effect is the occupation by a third party of the public domain shall establish a level of royalty taking into account, without prejudice to provisions of Article R. 224-1 of the Civil Aviation Code and unless otherwise provided in this Terms of Reference, the benefits of any nature granted to that third party.
    Except as previously agreed by the South Civil Aviation Safety Director and except for occupations involving aeronautical users with an administrative approval or authorization, as well as State administrations and public institutions, the occupancy authorizations are issued following a procedure allowing for 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 work contracts, any act exceeding the normal term of the concession shall, prior to its conclusion, be subject to the agreement of the Minister for Civil Aviation, who shall have a period of two months, from the date of his notification with all supporting elements, to make his decision known to the concessionaire. In the absence of a response within this time limit, the Minister for Civil Aviation agreement is deemed to be acquired.
    IV. - For leasing contracts, the concessionaire entered or entered into the act entered into with the leasing establishment a special clause providing for the leasing credit the obligation to lift the purchase option of the property(s) so financed before the term of the concession and that whatever the cause.
    As a result of this obligation, the concessionaire agrees to take over, under its sole responsibility, any litigation remedies that the credit-bearing establishment could do at a later date, including for lack of information or to challenge the public property rights available to the State at the end of the concession.


    Article 16
    Issuance of acts constituting real rights


    The concessionaire is authorized to issue authorizations or temporary occupation agreements that constitute real rights in the public domain of the State which is granted to it under the conditions provided for by 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.
    With regard to the land and buildings necessary for the continuity of public service and, in particular, the authorizations granted within the aeroplanes, it can only issue such authorizations or conventions with the prior agreement of the authorities of the State mentioned in theArticle R. 2122-14 of the General Code of Public Ownership. By derogation, the actual rights granted on the parking area in accordance with the general composition plan referred to in Article 60 do not require the agreement of the State authorities mentioned in theArticle R. 2122-14 of the General Code of Public Ownership.
    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.
    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 payable to the concessionaire


    PART III
    EXPLOITATION MODALITIES
    Chapter I
    Services to air carriers
    and other aircraft operators
    Article 17
    Allocation of air carriers


    The concessionaire decides on the assignment of air carriers between airport facilities.


    Article 18
    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 aerodrome 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 brought to the attention of the South Civil Aviation Safety Director and aeronautical users.
    II. - When 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 17 of this Terms of Reference and having obtained time slots pursuant to Council Regulation (EEC) No. 95/93 of 18 January 1993 amended setting common rules with respect to the allocation of time slots in the Community airports.


    Article 19
    Operating premises


    The concessionaire shall make available to air carriers, within reasonable time, the premises and surfaces necessary for their aerodrome activities, including, where appropriate, the self-help in port of call and maintenance of aircraft. The concessionaire may, if any, 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 in relation to those from other companies.


    Rule 20
    Assistance in port of call


    The concessionaire realizes and, where applicable, operates or makes available the common port assistance infrastructures mentioned in the articles R. 216-6 and D. 216-4 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.
    The concessionaire shall make all necessary arrangements for air carriers and other aircraft operators to have access to the necessary port of call services.


    Article 21
    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; if necessary, it is equipped with all the means necessary for this purpose.
    The concessionaire and, where applicable, 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 and fire service of aircraft or that of the prevention of animal hazard.
    In the event of work on the areas of movement and without prejudice to the provisions of Article 62 of this Terms of Reference, the concessionaire shall organize the works in such a way as to disrupt the ground traffic of aircraft and vehicles and shall coordinate, as appropriate, 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 mainly or exclusively by a third party, the concessionaire may entrust, under its control, by contract, 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 upon request, if any, of the air navigation provider, which shall inform the crews by the appropriate means in accordance with the terms and conditions established by a protocol between the concessionaire and that provider.
    The concessionaire monitors the state of the runway and its surroundings and inspects the manoeuvring area according to the periodicity and in the technical conditions provided for by the regulations and upon request, if any, 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, where appropriate, by the air navigation service provider. If applicable and at the request of the South Civil Aviation Safety Director, he shall issue the corresponding traffic authorizations. He accompanies on the manoeuvring areas people who do not have such enabling arrangements.
    If the aerodrome is the subject of meteorological observation messages from Meteor France, the concessionaire shall provide the latter with information on the state of the runways.
    (d) Radio aids to air navigation.
    The concessionaire provides and funds the development and maintenance of radio aids to air navigation.


    Article 22
    Presentation of perspectives
    medium and long terms


    Without prejudice to the provisions relating to economic advisory boards, the concessionaire shall, at least once a year, present to air carriers and other major aerodrome users the analysis of its operating prospects for the medium and long term, including:
    - the context and the present situation of the aerodrome;
    – the assumptions of evolution of the traffic retained;
    - general development objectives;
    - the list of the main investments envisaged and their timing of realization;
    – the quality of service situation and the targets set;
    ― 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 to the South Civil Aviation Safety Director.


    Chapter II
    Services rendered to other businesses
    Article 23
    Access


    The concessionaire provides access to the airport facilities of the companies referred to in Articles 24 and 25 of this specifications 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.


    Article 24
    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.


    Rule 25
    Public transport operators


    The access of public transport operators for the aerodrome service is free.
    The concessionaire makes available to these operators 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.


    Chapter III
    Services to passengers and the public
    Rule 26
    Access and traffic on the airfield


    The concessionaire ensures that passengers and the public can easily access and circulate facilities between them. In particular, the concessionaire:
    ― the development and operation of access roads for private vehicles as well as the rapid removal areas of passengers close to 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;
    ― the development and operation of parking spaces for private vehicles;
    ― facilitates, in particular under the conditions provided for in Article 25 of this specifications, the service of its airport facilities by public transport.


    Rule 27
    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 32 of this Terms of Reference to the undertaking to apply these directives.


    Rule 28
    Health services


    The concessionaire ensures the availability, near the aerodrome, of an emergency service including a medical permanence during the opening hours of airport facilities.


    Rule 29
    Passenger and public information


    The concessionaire shall, as soon as it is aware, disseminate information relevant to passengers and accompanying persons concerning the activity of the aerodrome and the allocation of airport facilities.
    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 30
    Significant disruptions and delays


    During traffic disruption periods, the concessionaire shall inform passengers and carriers of the situation as regularly as possible, on the basis of the information provided to it, where appropriate, by air carriers and the air navigation service provider.


    Chapter IV
    Participation in administrative police missions
    Rule 31
    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 inconvenience, of which he or she is aware, in order to hinder the continued operation of the aerodrome. 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 which they are aware of and may request in such cases the immediate suspension of all or part of the airport operations.


    Rule 32
    Activity authorizations
    in the airport traps


    The concessionaire shall subject to authorization the exercise, by a company, of any industrial, commercial or artisanal activity on the airport controls other than the operation of aircraft or an air transportation service.
    Exercise of activities in aerodrome reserved area, within the meaning ofArticle 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 the services of the State the list of authorizations issued, mentioning those whose validity relates to the track side area. This list is also transmitted semi-annually to the holder of the police power referred to in section L. 6332-2 of the Transportation Code.


    Rule 33
    Specific safety provisions


    The provisions of this section shall apply ifArticle R. 213-1-1 of the Civil Aviation Code applies to the aerodrome.
    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 a loaded service:
    ―to welcome the public requesting the issuance of track-side traffic titles or vehicle access authorizations in this area;
    - to verify the admissibility of the files filed and to transmit them to the services of the State for investigation;
    ― maintaining the computer database of traffic securities;
    ― to manufacture the traffic titles and the countermarks of the vehicles and to hand them over to the authorities of the State responsible for delivering them to the concerned.
    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.
    Where R. 213-1-1 does not apply to the aerodrome, the applicable safety measures are defined by the prefect under the conditions set out in R. 213-1-4.


    Rule 34
    Enforcement
    on the assistance in port of call


    I. - 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.
    II. - The concessionaire maintains an information system on the stopover market on the aerodrome, including for each stopover service as defined at theAnnex to Article R. 216-1 of the Civil Aviation Code :
    - the list of licensed stopover support companies with the conditions of these authorizations;
    ― the list of companies that actually carry on an activity, by distinguishing providers and those that only act as subcontractors of service providers;
    ― the list, established annually, of air carriers assisted by each service provider.
    The concessionaire communicates these elements to the Minister for Civil Aviation, upon request of the Minister.


    Rule 35
    Control of enforcement
    on time slots


    When a regulation of the use of time slots is applicable on the aerodrome, the concessionaire shall provide to 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 competence, necessary for the determination of the coordination parameters defined by the Council Regulation (EEC) No. 95/93 of 19 January 1993 modified setting common rules with respect to the allocation of the maximum airports
    The concessionaire shall provide to the designated co-ordinator pursuant to Regulation (EEC) No. 95/93 above the information necessary for the performance 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 the 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 coordinator's duties and is also communicated to the Minister for Civil Aviation.


    Rule 36
    Application control
    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 37
    Enforcement
    on servitudes


    The concessionaire shall, as soon as possible, communicate to the public service any information that it has knowledge about the violations of the regulations on aeronautical and radioelectric servitudes.


    Rule 38
    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 under the aerodrome are respected, in the course of the aerodrome.Article R. 213-3 of the Civil Aviation Code and those of 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 officers may also be authorized, with a view to imposing administrative sanctions, to observe the other breaches of the provisions mentioned in the first paragraph and the breaches of 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 39
    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 40
    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 protection 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 41
    Application of health regulations


    At the request of the Minister of Health, the concessionaire shall, at its premises and at the appropriate locations, carry out posters provided by the State, containing sanitary recommendations for passengers to or returning from geographical 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 78 of this terms of reference.


    Chapter V
    Conditions for the exercise of State missions
    and its public institutions
    Rule 42
    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 43
    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 44
    Air navigation services provider


    I. - The concessionaire makes available to the air navigation service provider free of charge the necessary terrain on the aerodrome, the installation of radio aids on landing and radiotelephone 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 the normal and emergency energy required 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 62 of this Terms of Reference, 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. - When the aerodrome does not enter the field of application of the air traffic terminal service fee, the concessionaire shall, where applicable, finance the air traffic control service, including the equipment and landing radio aids prescribed by the State, maintain them in operational conditions and renew them, except as specified in the protocols provided for in Article 1 of this specifications.
    Otherwise, all benefits under this section are subject to, with the exception of those for which the gratuity is expressly provided, compensation up to the costs incurred by the concessionaire and defined in application agreements.
    III. - The concessionaire shall charge all costs incurred by any modifications or movement of the buildings, facilities and equipment of the air traffic services that would be made necessary by the concessionaire, including in respect of the easements or the operating requirements of the air traffic services.


    Rule 45
    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, at the request of the South Civil Aviation Safety Director, provides its technical assistance to the development and revision of the noise exposure plan provided for in theArticle L. 147-3 of the urban planning code, of the sound embarrassment planArticle L. 571-15 of the Environmental Code, noise maps and noise prevention plans in the environment provided for in the articles L. 572-2 and L. 572-6 the environmental code and the impact studies carried out by the administration pursuant to the articles R. 227-7 and R. 227-8 Civil Aviation Code. 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 that it is alone to hold and that are necessary for the realization of the annual emission inventories of pollutants provided for in theArticle L. 221-6 of the Environmental Code.
    The concessionaire provides, where appropriate, its technical assistance for the establishment of aeronautical and radioelectric servitudes.
    Except as specifically agreed by 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 aerodrome in the interest of air navigation.


    Rule 46
    Weather-France


    I. - 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 the aerodrome. Weather-France is free to install, after consultation with the concessionaire, the necessary facilities and equipment to carry out these missions.
    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.
    It carries out and maintains, if necessary and without charge, the access routes to the facilities mentioned in the previous paragraph.
    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 of the equipment required for meteorological assistance services to the internal aerodrome networks, their interconnection with their own systems and, where applicable, with those of the air traffic control service.
    II. - When the aerodrome does not enter the scope of the tariff for terminal air traffic services, the concessionaire shall, where applicable, finance the meteorological assistance service rendered by Météo-France, including the equipment prescribed by Météo-France, their maintenance in operational conditions and their renewal, except as specified in Article 1 of this specifications.
    Otherwise, all benefits under this section are subject to, with the exception of those for which the gratuity is expressly provided, compensation up to the costs incurred by the concessionaire and defined in application agreements.
    III. - The dealer keeps Meteor France informed of any provision made on the airfield that may affect the reliability of the weather observations. It is responsible for all costs caused by any modifications to the installation of the weather equipment that would be made necessary by the concessionaire, in particular in respect of the weather easements affecting the safety of air navigation.


    Rule 47
    Border control authorities
    and Public Safety (General Provisions)


    The concessionaire shall make 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 the aerodrome. 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 application agreements.


    Rule 48
    Border control authorities
    and Public Security (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 49
    Other State administrations


    Under the conditions provided for in Article 50 of this Terms of Reference, the concessionaire shall make available to other State services the land, buildings, premises, fittings and parking spaces necessary for the exercise of their duties on the airfield.


    Rule 50
    Conditions of occupation of other premises
    and parking lots


    Unless otherwise provided in Articles 44 to 49 of this Terms of Reference, 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 receive in this case of such administrations:
    – a financial contribution covering the investment or development expenses to be made and 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 51
    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 aerodrome, it may be withdrawn from the concession by a decision of the Minister for Civil Aviation with the payment of compensation repairing the material, direct and certain damage suffered by the concessionaire.


    Rule 52
    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.


    Chapter VI
    Quality of service
    Rule 53
    Improvement and quality control


    The concessionaire defines a program for the development and quality control of the various services under its operation, updated annually, to which it associates its suppliers, subcontractors and companies with an airfield activity 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.
    Each year, the quality development program is presented in the report provided for in paragraph 79 of this Terms of Reference. These include the translation of the results of the concessionaire ' s audits.
    The program elements and audit results are made available to the Minister for Civil Aviation and the Director of Civil Aviation Safety.


    Rule 54
    Quality measurement


    The concessionaire shall, within two years of the day on which the present terms of reference are applicable, and in consultation with interested users, define indicators reflecting the quality of the services rendered.
    The concessionaire shall inform the Minister for Civil Aviation and the Director of Safety of South Civil Aviation of the definition and method of determining these indicators upon adoption. It shall be made available to them the appropriate quality of service measures.


    Rule 55
    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, the Committee shall prepare an annual report that is incorporated in the record referred to in paragraph 79 of this Terms of Reference.
    In the event that the concessionaire receives claims concerning the services of the State, it transmits them to these services.


    PART IV
    INSERTION IN ENVIRONMENT
    Rule 56
    Environmental approach


    The concessionaire adopts and deploys an environmental management system for its activities.


    Rule 57
    Environmental impact


    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.


    Rule 58
    Public information on environmental impacts


    The concessionaire ensures the proper dissemination of environmental information on the aerodrome and publishes annually the results of the measurements it performs on the sound nuisance caused by aircraft, air pollution, water pollution and waste produced by the aerodrome activity.
    The concessionaire implements a policy of communication with residents on the environmental and economic impacts of the aerodrome
    It investigates requests for information and claims from residents who do not fall within the jurisdiction of the air navigation service provider.


    Rule 58-1
    Mutual information of the concessionaire
    and air carriers


    The concessionaire and air carriers serving the aerodrome are mutually reinforcing, at least once a year, the actions and policies of insertion in the environment they conduct.


    Rule 59
    Application of environmental regulations


    The concessionaire ensures the implementation of the noise, air pollutants and discharges of rainwater and sanitation prescribed by the regulations.


    PART V
    PROVISIONS RELATING TO TERRAINS
    AND INFRASTRUCTURES
    Rule 60
    Aerodrome development and easement plans


    I. ― The concessionaire shall establish and update a general composition scheme that specifies, where appropriate, at different stages of development of the aerodrome, the location and dimensioning of the various aeronautical infrastructure and facilities and the extra-aircraft development programme. Upon signature of the contract, a simplified version of this scheme in four zones is annexed to this contract (annex 4). This simplified version will need to be detailed within three years and approved by contradictory observation between the concessionaire and the Minister for Civil Aviation.
    Subsequent updates to the general composition scheme will also be approved by contradictory findings between the Minister for Civil Aviation and the concessionaire.
    II. ― The concessionaire is consulted in the development of easements plans for the aerodrome activity.


    Rule 61
    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 operation necessary to comply with the obligations of the concessionaire pursuant to this specifications or legislative or regulatory provisions, in particular for the satisfaction of the needs of users in the required safety and security 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:
    - 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 is taken into account the financial implications of this investment for the establishment of financial contributions to the concessionaire, which are mentioned in this chapter;
    ― in other cases and unless otherwise stipulated by a contract entered into under section II of section L. 6325-2 of the Transportation Code, it shall be taken into account, for the purpose of establishing the royalties for services referred to in section L. 6325-1 of that same code, the operating, damping and remuneration of the capital induced by the realization of the investment transaction, deducted, if any,Article R. 224-3-1 of the Civil Aviation Code. 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, a contract is entered into 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 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 62
    Workplan


    Any work on the creation, development or rehabilitation of runways, traffic routes, parking spaces, any work that is subject to a building permit or any construction or modification of work or installation must, unless expressly granted by the Minister for Civil Aviation, be compatible:
    - with the documents established pursuant to Article 60 of this Terms of Reference;
    - with aeronautical and radioelectric servitudes;
    ― with free barriers surfaces or with obstruction surfaces related to precision approaches;
    - with the operation of radio equipment of air navigation;
    ―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 keeps informed the South Civil Aviation Safety Director, with a notice of at least three months prior to 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 which may have consequences for airport security or security. Within this period, the South Civil Aviation Safety Director may make proposals and recommendations or, where appropriate, require amendments to the nature of the work, its schedule and phasing as well as the methods of execution. The concessionaire informs the South Civil Aviation Safety Director, within eight days, of the follow-up to his proposals and recommendations.


    Rule 63
    Decontamination and decontamination operations


    The obligations relating to clean-up and decontamination operations, including pyrotechnic decontamination, are applicable on the aerodrome, to the operator's charge for those that do not result from a general decontamination requirement of the site or a regulatory or technical amendment having major consequences on the clean-up operation.
    However, the operator is not responsible for operations whose cost would significantly alter the economy of the work for which the operations are made necessary.


    Rule 64
    Investment files


    If the concessionaire envisages the completion of a project with a tax-free amount exceeding €1 million, the concessionaire shall submit an investment record for approval to the Minister for Civil Aviation before the commencement of operations. 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.
    By derogation, the projects listed in the general composition scheme referred to in section 60 will give rise to a simple information from the Minister for Civil Aviation by file specifying 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.
    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.


    Rule 65
    Construction, services and supplies markets


    Contracts for the concessionaire's work in excess of €2 million and contracts for services and supplies in excess of €20,000 are subject to the advertising and competition procedures provided by theOrder No. 2005-649 of 6 June 2005 in relation to procurement by certain public or private persons not subject to Public procurement codeeven in cases where, after July 1, 2020, they went with a company related to the meaning of section 29 of the same order.


    Rule 66
    Occupation of real property


    The contracts that the concessionaire concludes for the occupation of real estate in the airport perimeter are entered into under the conditions set out in II of Article 15 of this specifications 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 67
    Equipment not related to airport public service


    The concessionaire shall communicate to the Minister for Civil Aviation and to the Director of Safety of South Civil Aviation and, under the conditions set out in section 22 of this Terms of Reference, to the air carriers and other main users of the aerodrome, 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 an airport 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 68
    Rights and obligations of the concessionaire
    for public utility


    Where the performance by the concessionaire of work of a general interest requires prior acquisitions through expropriation, the concessionaire shall notify the Minister for Civil Aviation and the Director of Safety of South 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 then enter the competent administrative authority to conduct the public utility declaration procedure.


    Rule 69
    Capacity of airport infrastructure


    The concessionaire maintains a state of the capacity of the various airport facilities. If the aerodrome is coordinated within the meaning of Regulation (EEC) No. 95/93 as amended above, it 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 Security.
    Except in the event of an emergency, the concessionaire is required to inform the Minister for Civil Aviation and the Director of Civil Aviation Safety South prior to any substantial, permanent or interim modification of the airport facilities. It also informs interested users.


    PART VI
    FINANCIAL REGION
    Rule 70
    Concession resources


    I. - The concessionaire receives the proceeds of the royalties referred to in articles L. 6325-1 of the Transport Code and R. 224-1 et seq. of the Civil Aviation Code.
    The rates for these charges at the start of the operation of the aerodrome are listed in Appendix 5 to this specifications. The evolution of these rates is determined under the conditions provided by the transport code and the Civil Aviation Code.
    II. - The dealer receives the product of the taxes that are assigned to him.
    III. - The concessionaire shall, where appropriate, receive the grants allocated for the exercise of the missions provided for in this Terms of Reference and those made 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, the prices of which are freely fixed 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.
    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 71
    State administration


    As part of this Agreement and from the date of commencement of operation of the aerodrome, the concessionaire pays annually to the State a royalty, consisting of a fixed part and a variable part of the revenues derived by the concessionaire of occupation by third parties of the conceded domain.
    The first term of the fixed part is 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:


    ANNUAL REFERENCE
    last year
    TAUX MARGINAL
    applicable

    Inferior to 5,000 euros

    0.10 per cent

    Includes between Euro5,000 and Euro10,000

    0.15 per cent

    Includes between Euro10,000 and Euro15,000

    0.20 per cent

    Higher to 15,000 euros

    0.25%


    Rule 72
    Clause back to better fortune


    A reference business plan is attached to this contract for the sole implementation of the return to better fortune clause.
    If the current pre-tax income, excluding goods and expenses relating to the missions referred to in sections L. 6332-3 and L. 6341-2 of the transport code, taking into account real inflation, is greater than that provided for in the reference business plan set out in Appendix 7 to this terms of reference, the concessionaire remittances to the State, on the difference between the current pre-tax income, taking into account the actual inflation plan, and that provided
    The amounts to be paid are calculated over three years and the payment is made in the fourth year no later than three months after the disposition of the concession accounts.


    Rule 73
    Taxes and taxes


    The concessionaire supports the charge of all taxes and taxes to which land, works, buildings and facilities are subject, including those established on behalf of the State. For the latter case, the concessionaire is subrogated to the State for any graceful claim or legal remedy.
    It bears the taxes and taxes that it may be liable for due to the activities provided by the concession.
    The concessionaire provides annually to the State, as part of the annual report, a certified copy of the certificates issued by the competent authorities certifying that it has paid taxes and social expenses.


    Rule 74
    Guarantees


    I. ― Guarantee during the initial work phase.
    In order to guarantee its obligations under the initial work set out in Article 7 of this Terms of Reference, the concessionaire shall, no later than one month after the date of entry into force of the concession, provide a financial guarantee in the form of a self-sustainment at first request, valid until the commission of the investments concerned, issued by a first-tier banking institution or by a non-bank company in the amount equal to 10% of the forecast cost.
    This guarantee may be put into play for the following purposes:
    ensuring payment of the penalties referred to in section 81 of this Terms of Reference;
    ― guaranteeing the payment of the costs imposed by the State under the precautionary measures prescribed by the State in the phase of the initial work, in accordance with the provisions of article 82 of the present terms of reference;
    – ensuring the completion of initial work.
    II. - Guarantees after the initial work phase.
    1. The concessionaire shall, within fifteen days of the application referred to in section 82 of this Terms of Reference, 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 this section and within a twelfth of the turnover of the last known year of the concession.
    2. In order to ensure the reinstatement of the works and facilities of the concession on the expiry date of the concession, the concessionaire shall also, within six months of the notification provided for in the fifth paragraph of Article 87 of this specifications, guarantee a total amount equal to the anticipated 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 South Civil Aviation Safety Director for partial release.
    3. In order to guarantee the good condition of the work and facilities of the concession in the event that the concession is repurchased by the State, the concessionaire shall, within two months after the receipt of the notification provided for in Article 85 of this specifications, guarantee an amount equal to the average annual maintenance cost of the entire work 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 top five annual updated costs.
    This guarantee shall be released from custody upon the establishment of the notice of receipt referred to in Article 85, II, of this notebook or, in the event of receipt with reservation, upon the lifting of reservations.
    4. The above guarantees are constituted in the form of first-demand guarantees issued by registered financial institutions under the conditions of theArticle 102 of the Public Procurement Code.


    Rule 75
    Comptability of the concession


    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 accounts of the concession shall be established according to the applicable rules, if any, for public service concessions.


    Rule 76
    Analytical accounting


    The concessionaire puts in place and operates an information system and an analytical accounting of its various activities that identify, inter alia, the scope mentioned in theArticle R. 224-3-1 of the Civil Aviation Code and that of airport public services referred to in article R. 224-1 of the same code.
    This information system must be used to establish, on the one hand, situations that highlight the proceeds and operating 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 faithfully 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 certificate will result in the preparation of a report, not later than 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 77
    Insurance obligation


    I. - The concessionaire shall be guaranteed against the monetary consequences of any liability arising from the performance of this concession contract.
    The concessionaire guarantees against the risk of damages that may affect the facilities granted and guarantees the State against the use of third parties.
    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 concessionaire is required to subscribe to a company notoriously solvent all the necessary insurance for the operation of the delegated service, including:
    ― "civil liability" insurance in the sense ofArticle 1382 of the Civil Codecovering, inter alia, all personal injury caused to third parties or to the State and its agents by all personnel involved in the performance of this contract;
    ― 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 of 4 January 1978 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.
    Insurance policies must, each with respect to it, be subscribed prior to the start of the missions they aim for and, for those related to the operation, from the start date of the aerodrome operation. The dealer must be up to date at any time of his insurance contributions. However, these communications will not in any way involve the responsibility of the State in the event that, in the event of a loss, the extent of the guarantees or the amount of such assurances would be insufficient or if, for any reason, an insurer should refuse its guarantee. In general, the concessionaire will be solely responsible for its own lack of insurance or payment of related contributions.
    II. - All insurance policies must include a general and total waiver of appeal against the State 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.
    In the event of a loss, the concessionaire guarantees the State against the use of third parties.
    III. - The concessionaire shall provide to the State, within thirty days of their conclusion and whenever the State so requests, copies of the certificates of insurance policies under this article, as well as the certificates of renewal, any amendments, the delegations of the said policies and the proof of payment on good date of the corresponding premiums relating to these insurance policies.
    IV. - The concessionaire will ensure that the allowances payable under the insurance policies subscribed in the event of aerodrome loss are at least equal to the cost of reconstruction or replacement of nine of the said assets.
    The concessionaire undertakes to assign to the reconstruction or replacement of nine of the damaged goods, facilities and equipment the allowances referred to in the preceding paragraph, in an exclusive and priority manner.
    In the event of a loss, the concessionaire uses compensation to replenish the affected property.
    V. - The concessionaire requires those in the conceded domain who have not subscribed to the policies subscribed by it that they justify insurance equivalent to those required to contract.


    Rule 78
    Imprevision, force majeure
    and other unpredictable events


    I. - In the event of occurrence of unforeseen events or of force majeure or events outside either of the parties or both parties (such as, inter alia, new or amending legislative or regulatory provisions), in order to disrupt the economic balance of the concession, the Minister for Civil Aviation and the concessionaire agree to meet.
    Following such a meeting, one of the parties may request a review of the provisions, including financial, of this concession contract, under the following conditions.
    Any request for review must be made by registered letter with acknowledgement of receipt, the parties agreeing to meet within one month of receipt by the recipient of the request.
    Before any judicial remedy, the difficulties in applying this article give rise to a proposal for conciliation under the terms of Article 94 of this Terms of Reference.
    For the purposes of this section, the financial consequences of the discovery of major pollution, as provided for in section 63, are included.
    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 late, since such failure or delay is a direct result of events with the characteristics of force majeure or imprevision.
    If the concessionaire invokes circumstances of force majeure or unrevision, it shall promptly notify the State in writing, specifying the reasons for its decision. The State shall notify the concessionaire within two months of its decision on the merits of this claim and, if any, on the effects of the event in question.
    If the State invokes circumstances of force majeure or unrevision, it shall notify the concessionaire in order to collect its observations, which the concessionaire shall communicate within two months. At the end of this period, the State shall notify the concessionaire of its decision on the existence and effects of the force majeure or unrevision event.
    The party who invokes circumstances of force majeure or unrevisioned 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 or unforeseeableness is based on summoning it only to the extent that the event would have caused if that action or omission had not taken place.
    No party shall be relieved of its obligations because of an impossibility of performance or the occurrence of circumstances or events beyond its control, without prejudice to the other provisions of this Article.


    PART VII
    INFORMATION TO FOURNIR
    AND CONTROL MODALITIES
    Rule 79
    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 report includes an analysis of the quality of service as part of the provisions of Articles 54 and 55 of this Terms of Reference, as well as, in terms of operations related to the aerodrome's capacity, the assessment of the investments made and a forecasting programme of investments for the next five years, detailed by operation and including the associated costs schedules. The record also includes a presentation of the actions undertaken by the concessionaire for the insertion of the aerodrome in its 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 concerning the operation of the services it provides under this terms of reference;
    (c) Financial information.
    Without prejudice to the applicable provisions of the Transport and Transport Code Civil Aviation Code, the concessionaire communicates annually to the ministers responsible for civil aviation and the economy, before September 1, a report covering the previous accounting year including:
    - the social and consolidated accounts and their annexes;
    - the dealer's activity report and the auditors' reports;
    - the specific accounts of the concession;
    ― for the scope of activities mentioned at theArticle R. 224-3-1 of the Civil Aviation Code and with respect to the activity relating to 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 76 of this specifications: the operating result account, capital expenditures and, where applicable, equipment subsidies, the constituent elements of the fixed asset base and an estimate of the need in working capital; these elements are complemented by the intermediate management balances and the financial ratios defined by order of the Minister for Civil Aviation.
    Each year, the Minister submits to the same Minister a forecast financial study to inform the Minister of the financial and accounting balance of the concession, including, for the following five years:
    - an assessment;
    a funding plan;
    - an outcome account;
    a cash plan;
    the evolution of equity and debt;
    - the intermediate management balances and the financial ratios defined by order of the Minister for Civil Aviation;
    (d) Information on contracts with related companies.
    The concessionaire shall inform each year the Minister for Civil Aviation, within the same time limit as mentioned in paragraph (c) above, of the economic conditions of the contracts or consistent sets of contracts, whose value estimated excluding the value added tax exceeds 130,000 euros (value 2005, indexation according to the non-smoking price index of the month of July), that it signs, within the scope of activities mentioned in theArticle R. 224-3-1 of the Civil Aviation Code, with the companies that are linked to it in the sense of III of Article 29 of Order No. 2005-649 of 6 June 2005 in relation to procurement by certain public or private persons not subject to 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 appropriate, the situation prevailing within the concession for the activity previously concerned at the conclusion of the contract.


    Rule 80
    Procedures for the control of the administration


    Monitoring of compliance with the obligations of the concessionaire under this terms of reference is provided by the authorities, services and agencies designated for this purpose by the Minister for Civil Aviation and, where applicable, by the Minister for Economic Affairs or by persons appointed 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.


    PART VIII
    CONSERVER MEASURES
    FINANCIAL PENALITIES
    Rule 81
    Financial penalties


    I. - In case of non-compliance with the date of completion of one or more components of the initial work defined in Article 7 of this Terms of Reference, the concessionaire shall be applied by the State a penalty equal to 1,000 euros per calendar day of delay, for a maximum period of two hundred and forty days, or 240 000 euros. Over two hundred and forty days and within one hundred additional days, the amount of the penalty per calendar day of delay will be increased to 2,000 euros, i.e. 200,000 euros, for a penalty limit of 440 000 euros.
    The maximum completion time may not be met in the event of any of the following legitimate causes, with this list limiting:
    (a) The occurrence of a record of force majeure or of an unrevisioned case in accordance with the provisions of Article 78;
    (b) Delay due to the realization of the risk of pre-existing pollution/contamination or the need to carry out pyrotechnic clean-up operations;
    (c) Delay of the assignor having a material impact on the date of commencement of benefits and performance of benefits;
    (d) Any act not attributable to the concessionaire that results in delays in obtaining administrative authorizations, or from a refusal to issue, withdrawal of an administrative authorization or appeal against an administrative authorization obtained under the same conditions and limitations as the grantor;
    (e) Adjournment of all or part of the benefits decided by the grantor;
    (f) Unilateral suspension by the State;
    (g) The general or special strike of activities affecting the building sector;
    (h) Weather:
    In accordance withArticle L. 5424-8 of the Labour Code atmospheric conditions and floods are considered to be untimely when they effectively make the performance of hazardous or impossible work in respect of either the health or safety of workers or the technique of work to be performed.
    In the event of the occurrence of one or more events constituting legitimate causes:
    – the contract date for the overall receipt of the work and/or, where applicable, the dates of receipt of the infrastructure and the facility are/are deferred;
    ― the concessionaire shall be applied the delay penalties set out in I only beyond, if any, the date(s), newly fixed under the above point.
    II. - In the event of delay in the production of the information or documents provided for in article 79 of this specifications, the concessionaire shall be applied by the State a flat fee per calendar day of delay. The amount of this penalty (2012 value with indexing according to the July Off Tobacco Price Index) is set as follows:
    1. Information on infrastructure and public service delivery: €2,000.
    2. Traffic data: 200 €.
    3. Financial information: 2 000 €.
    4. Information on contracts with related companies: €2,000.
    III. - The breaches, by the concessionaire, of the obligations imposed on I and II above, are the subject of a state-of-the-art commitment:
    - supported by written observations;
    addressed by registered letter with acknowledgement of receipt;
    ― indicating the deadline for implementation of the concessionaire;
    signed by the executive of the State or a duly authorized representative.
    Upon expiry of the period given to the concessionaire to comply with the terms of this Agreement, the State may apply the penalties set out in paragraphs I and II above.
    Other breaches of the obligations imposed by this Terms of Reference are documented. 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 an effect within the time limit or in the event of a further failure, the Minister for Civil Aviation shall take the panel of experts referred to in the last paragraph of this III, which shall issue a notice on 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 shall not exceed, excluding the penalties referred to in I, II and III of this section, each year, 2% of the last known turnover of the concession or default, the forecast turnover (excluding royalty penalties that are capped to 1% of the last fiscal year's non-tax revenue). No penalty may be required more than six months after the finding of a breach.
    Penalties are subject to a notification 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 comprising three members, chaired by a judicial or administrative judge. 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 the concession agreement and for issuing an opinion on the actions to be taken.
    IV. - Penalties paid by the concessionaire under I, II and III are not taken into account for the establishment of the royalties referred to in sections L. 6325-1 to L. 6325-6 of the transportation code.


    Rule 82
    Conservative measures


    In the case of a serious and persistent failure of the concessionaire to the obligations imposed by this notice of charges or by the concession agreement which infringes on 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 carriage may, each with respect to it, after a remediation with an appropriate time limit to the nature of the breach and the emergency This stay may be accompanied by a request to establish a bank guarantee under the conditions of 1 of II of Article 74 of this Terms of Reference.
    These precautionary measures are carried out directly by or entrusted by the State services to a third party and are carried out at the expense of the concessionaire. In the absence of payment by the concessionaire of the corresponding costs incurred by the State, the mobilization of the guarantee provided for in article 74 of this specifications is applicable.
    With the exception of the previous paragraph and Article 70 of this Terms of Reference, a joint decree of the Ministers responsible for civil aviation, the economy and the budget may prescribe, on the basis of these costs, the collection by the State of all or part of the royalties mentioned in this same article.


    PART IX
    EXPIRATION OF THE CONTRAT
    Rule 83
    Duration of the concession


    The effective date and duration of the concession are set out in the concession agreement.


    Rule 84
    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 85
    Purchase of the concession


    I. ― The State may, if the general interest so warrants, redeem the concession by joint decree of the ministers responsible for civil aviation, the economy and the budget. 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 the case of redemption, the concessionaire shall be entitled to compensation in respect of the damage suffered by the concessionaire as a result of termination and the amount equal to the sum:
    - the amount of the outstanding bank credits if the termination occurs prior to the commissioning of the initial work or the sum of the outstanding debt if the termination occurs after the commission of the initial work, including interest and non-due accrued commissions due on the date of payment of the allowance;
    - any costs and allowances for termination of reasonable sub-contracts, including the loss of profits under such sub-contracts;
    - the present value at the initial rate of internal profitability of the shareholder flow that should have been paid or collected between the date of termination and the normal term of the contract (forward repayments received from the equity, reduced from the equity that should have been paid after the date of termination, if any, including the flow from the subordinate debt of the shareholders);
    - reasonable costs incurred by the concessionaire, based on evidence, related to the possible termination of the funding contracts;
    - VAT fees, if applicable;
    - increased or decreased, respectively, of the cost or gain associated with the possible rupture of the rate coverage contracts.
    This allowance is paid no later than June 30 of the year of redemption.
    II. ― The concessionaire gives the State good maintenance. These discounts give rise to the establishment of minutes of receipt. The State may, where appropriate, retain the guarantee referred to in II.3 of Article 74 of this Terms of Reference and the redemption allowance, the amounts necessary to ensure the proper maintenance of the property.
    III. ∙ In the event that, as a result of the occurrence of an event referred to in article 78 of this terms of reference, the disruption of the economic balance of the concession would or would become irremediable, the concession contract may be terminated by joint decree of the ministers responsible for civil aviation, the economy and the budget, in the conditions and in accordance with the principles established by the jurisprudence of the administrative jurisdiction.


    Rule 86
    Due


    I. ― The Minister for Civil Aviation may terminate the concession:
    - in the event of a delay in the completion of the initial work defined in Article 7 of this Terms of Reference in proportions such that the completion of the work has not been or will not, in any case, take place at the fixed deadline; delayed post-return period in accordance with article II;
    - in case of abandonment of the project by the concessionaire at any time during the term of the concession;
    - in the absence of a constitution within the prescribed time limits or the maintenance of one or more of the guarantees provided for in Article 74 of this Terms of Reference, if any updated;
    - if the concessionaire, except for force majeure, interrupts, in a lasting or repeated manner, the operation of the aerodrome;
    - if the concessionaire, except in cases of force majeure, continues to commit, after remedial action with an appropriate period of time and after, where applicable, the measures provided for in sections 81 and 82 of this Terms of Reference, particularly serious breaches of its contractual or regulatory obligations;
    - if all or part of the concession is assigned in any form, or if a change in the control of the concessionaire occurs, in breach of the provisions of section 92 of this terms of reference.
    II. ― Where the Minister for Civil Aviation considers that the conditions for the termination are met, the Minister shall 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 time limit, the Minister for Civil Aviation may, after the concessionaire has been admitted to making its comments, issue the termination of the concession in the same form as that used for its grant.
    III. ― Without prejudice to the application of section 81 of this Terms of Reference, in the event of a termination, the grantor may pay the concessionaire a termination indemnity in the terms of IV and V of this Article.
    IV. ― If the termination is pronounced before the completion of all or part of the initial work defined in section 7 of this Terms of Reference, the amount of the termination allowance is equal to (B) ― (A) if the amount is positive and void in the event otherwise.
    (A) corresponds to the amount of the damage suffered by the State as a result of the concessionaire's deficiency and the determination of the loss. This amount is calculated by adding the following elements A-1 to A-3:
    A-1: flat damage due to delay in the completion of all or part of the initial work: 500,000 euros;
    A-2: lump-sum damage to the project associated with the resumption of the construction site on the initial work not completed by the concessionaire: 5% of the forecast cost of the unfinished components of the initial work defined in Article 7 of the terms of reference;
    A-3: real, direct and certain damage, corresponding to the safety and security of the construction site, calculated on the basis of the costs incurred or planned to be incurred, and arrested within six months of the effective date of the loss under the conditions set out in I and II of this section. The corresponding amount is capped at 200,000 euros, value January 2012.
    (B) The sum of:
    B-1: the net book value of the assets put into service since the effective date of the concession;
    This value does not include tangible or intangible assets acquired by the concessionaire after the due date; neither does it include tangible or intangible property or property acquired by the concessionaire after the date of re-establishment or notification if the grantor has not previously approved such acquisitions, nor those acquired in the period immediately preceding the re-establishment or notification if the grantor can legitimately challenge the acquisition;
    B-2: the value of non-commissioned assets.
    The value referred to in this section will be estimated based on the technical advancement of property.
    The amount (B) is fixed by the State after assessment by one or more experts designated by the State, within six months of the effect of the loss. In particular, experts are responsible for verifying, where appropriate, the rationale for a variance between the actual costs of the concession in relation to the anticipated costs of the work, the percentage of technical progress of the unimplemented phases. The amount of fees payable to such experts shall be deducted from the amount (B).
    V. ― If the termination is effected after the completion of the initial work defined in section 7 of this Terms of Reference, the amount of the termination allowance is equal to (D) ― (C) if the amount is positive, and no one else.
    (C) is the amount of the damage suffered by the State as a result of the default of the concessionaire and the pronouncement of the loss. This lump sum is set at 500,000 euros, value January 2012.
    (D) The sum of the net accounting values of the aerodrome assets put into service since the effective date of the concession.
    This value does not include tangible or intangible assets acquired by the concessionaire after the due date; neither does it include tangible or intangible property or property acquired by the concessionaire after the date of re-establishment or notification if the grantor has not previously approved such acquisitions, nor those acquired in the period immediately preceding the re-establishment or notification if the grantor can legitimately challenge the acquisition;
    VI. ― 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 74, paragraph I, of the present terms of reference, all the amounts necessary to ensure the proper maintenance of the goods considered.


    Rule 87
    Asset recovery


    I. ― Goods back:
    When the contract expires, the return goods defined in Article 3 of this Terms of Reference return to the State completely completed and in good condition of maintenance.
    The goods made available to the concessionaire by the State are subject to a free return to the State, subject to the provisions of Article 85 of this Terms of Reference and to those of the continuation of this I.
    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 include a detailed cost of the corresponding 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 time limit following the commencement of the work shall result in the implementation of the warranty provided for in Part II of Article 74 of this Terms of Reference.
    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 in 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 which shall be compensable. 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 corresponding subsidies and constituted provisions related to the property, and, where applicable, increased the value-added tax to be paid to the Public Account. These allowances may be capped on the basis of the forecasted net book value.
    The relevant return goods and the amount of the associated allowances are notified to the concessionaire within the same time frame by the Ministers responsible for civil aviation, economy and budget by registered letter with notice of receipt.
    II. - Resumption properties:
    Where applicable, recovery property shall be taken, 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.
    III. ― Stocks:
    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 the value added tax is to be paid to the Public Treasury.
    IV. - Clean good:
    At the expiry of the concession and whatever its causes, the concessionaire shall remit to its costs in their primitive condition the dependencies of the concession on which all property classified as clean property was 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 88
    Resuming concessionaire ' s legal commitments


    At the expiry of the concession and any cause thereof, including the redemption provided for in Article 85 of this Terms of Reference, 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 is also following up on obligations other than exclusively financially contracted by the concessionaire on subcontracts, 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 transition between successive 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 power to take in the last year of the concession, without the result being a right to compensation for the concessionaire, all measures to ensure continuity of public service after the end of the concession (visits, information communication etc.); to the concessionaire 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.
    At the end of the concession, the state or new operator will be subrogated to the rights of the concessionaire.


    Rule 89
    Settlement of the accounts of the concession


    At the expiry of the concession and any cause, 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 (circulating debts) and recovers claims due to the expiry date of the concession. It draws the balance of these transactions and carries out all financial accounts.
    The concessionaire deals with the repayment of the capital of any remaining borrowings due to the end of the contract.
    The capital assets included in the perimeter of the concession (return property) are on the closing balance sheet of the concession in return for the rights of the grantor.
    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.
    The fees of the liquidator administrator will be borne by the party making the request.


    Rule 90
    Special provisions
    value added tax


    Implementation II of section 210 of Schedule II of the General Tax Codethe concessionaire shall, as soon as possible after the expiry of the concession, establish a certificate allowing the transfer to the third party operator designated by the State of the right to deduction of the value-added tax taken into account in the allowances referred to in Article 85 and II and III of Article 87 of this terms of reference.


    PART X
    OTHER PROVISIONS
    Rule 91
    Free of information


    The provision of information provided in this Terms of Reference is free of charge.


    Rule 92
    Cession of the concession


    Any total or partial assignment of the concession, in any form, may only take place under a prior authorization of the Minister for Civil Aviation.
    Any operation resulting in a change of control of the concessionaire within the meaning of theArticle L. 233-3 of the Trade Code for the purposes of this Article, the assignment of the concession contract.


    Rule 93
    Election of domicile


    The concessionaire elects domicile in France to the address specified in the concession agreement.


    Rule 94
    Conciliation


    I. ― Disputes arising from the application of this Terms of Reference and the Concession Agreement 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 Committee of Experts 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 location of the aerodrome for the purpose of appointing the third expert.
    III. ― The committee of experts thus constituted shall make known its conciliation proposal within two months of the appointment of the third expert, after hearing each of the parties.


    Rule 95
    Publication, printing costs
    and registration


    The fee for publication, printing, stamping, registration of the documents relating to the concession shall be borne by the concessionaire.


    Rule 96
    Judgement of disputes


    The disputes between the parties regarding the concession contract will be brought before the competent administrative tribunal.


    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.


Done on 30 May 2014.


Manuel Valls


By the Prime Minister:


The Minister of Ecology,

Sustainable Development

and energy,

Royal

Minister of Finance

and public accounts,

Michel Sapin

Minister of Economy,

productive recovery

and digital,

Arnaud Montebourg

Secretary of State

Transport, Sea

and fisheries,

Frédéric Cuvillier

Secretary of State

Budget Officer

Christian Eckert

(1) The specifications and annexes are available, subject to respect for the secrets protected by law with regard to certain pieces, at the General Directorate of Civil Aviation, 50 Henry-Farman Street, 75015 Paris, and the Prefecture of the Haute-Garonne, 1, Saint-Etienne Square, 31038 Toulouse. The specifications are also available on the website of the Ministry of Ecology, Sustainable Development and Energy.
Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.94 MB) Download the document in RDF (format: rdf, weight < 1 MB)