ADP // Universal Registration Document 2022
Presentation of the Group 1 Regulatory environment
AIRPORT FEE REGULATIONS
Since the application of the decision of the Council of State of 28 January 2021 (No. 436166) plus law No. 2021-1308 of 8 October 2021 on various provisions for adapting European Union law in transport, environment, economy and finance (DDADUE), the Transport Regulatory Authority determines, by a decision published in the Official Journal, the principles governing the allocation of assets, income and expenses within the regulated scope of airport operators falling within its remit, including Paris-Charles de Gaulle, Paris-Orly and Paris-Le Bourget. This authority has been codified in article L. 6327-3-1 of the French Transport Code. Pursuant to the aforementioned provisions, the ART adopted, on 31 March 2022, decision No. 2022-024 relating to the determination of the principles governing the allocation of income, assets and expenses for airports falling within the scope of competence of the Transport Regulatory Authority, as well as the guidelines (No. 2022-025) relating to the interpretation and scope that will be given to the principles laid down in the aforementioned decision. See also Section 1.1.3.1.2 “Fees”.
The public airport services provided by the airport manager at airports open to public traffic result in the collection of fees for services provided to users (airlines and ground-handling services providers). These fees are governed by the provisions of the French Transport Code (articles L. 6325-1 et seq. ) and the French Civil Aviation Code (articles R. 224-1 et seq. ) and, where there is one, by an Economic Regulation Agreement concluded between the airport operator and the State (no contract has been concluded between the State and Aéroports de Paris). The fee rates, set by the airport operator, are subject to annual approval by a sectoral regulatory authority. This has been the transport regulatory authority (ART) based on the approval of the Pacte law since the implementation of order No. 2019-761 of 24 July 2019 on the regulator of airport fees. This independent public authority replaced the Independent Supervisory Authority for Airport Charges (ASI) and has exercised its regulatory authority for the airport sector since the 2020 pricing period.
OPENING OF AIRFIELDS TO PUBLIC AIR TRAFFIC
distance services normally provided in all circumstances. The other civil general aviation aerodromes operated by Aéroports de Paris are classified in category C (short-haul services and certain medium- and even long-haul services that only include short trips from these aerodromes, to the tourism sector), D (intended for aeronautical training, air sports, tourism and certain short-haul services) or E (intended for rotorcraft and vertical or slant-take-off aircraft).
All aircraft with the appropriate technical characteristics may use airfields operated by Aéroports de Paris. Airfields managed by Aéroports de Paris are open to public air traffic. Article R. 222-5 of the Civil Aviation Code classifies airfields intended for public air traffic into five categories, according to the nature of the traffic that the airfields need to handle. Paris-Charles de Gaulle, Paris-Orly and Paris-Le Bourget airports are classified in category A, which corresponds to airfields intended for long
WORKS ON AIRFIELDS
Work relating to the construction of a new aerodrome requires the prior establishment of an impact study and a public inquiry. The issuing of building permits relating to operations of national interest, such as development and construction work on areas assigned to airport public service, are the responsibility of the Government authorities.
In application of article R. 1511-1 of the Transport Code, Major transport infrastructure projects costing at least €83,084,715 are subject to an assessment consisting of an analysis of construction, operation and infrastructure conditions and costs, an analysis of financing conditions and the financial rate of return, and an analysis of the impact of the choice on existing transport facilities. Any creation or extension of airfield runways falling within category A and the cost of which exceeds €100 million, must be opened to public debate.
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AÉROPORTS DE PARIS / UNIVERSAL REGISTRATION DOCUMENT 2022
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