Aéroports de Paris - 2019 Universal registration document
BUSINESS OVERVIEW 05
DESCRIPTION OF ACTIVITIES BY SEGMENT
As of the transfer of the majority of ADP’s capital to the private sector, if applicable, the PACTE law will extend the State’s authorisation to any sale, contribution or creation of a security interest, or transfer of activity, relating to property that will be transferred to the State upon expiry of the right to operate of seventy years. This would include all of the land and buildings of airfields in the Greater Paris region. The Company must also notify the Minister in charge of Civil Aviation of any infrastructure operations, representing a built surface area of more than 10,000 m 2 , that it is planning to undertake or for which it is planning to provide authorisation to a third party on the land or in the immediate vicinity of Paris-Charles de Gaulle and Paris-Orly airports, and which would fall outside the scope of airport service. In this case, it would need to establish that these projects would not have an impact on the fulfilment of its public service obligations, and would be compatible with its anticipated development plans. In the event of privatisation, authorisation from the State will be required for transactions in excess of the amount or of a substantial area which will be set in the new ADP specifications (Article 131 of the PACTE law). When Aéroports de Paris closes to public air traffic all or part of an airfield that it operates following a decision by the government authorities, the Company must pay the government authorities 70% of the difference between, on the one hand, the market value of buildings that are no longer assigned to airport-related public service and, on the other hand, the value of these buildings as recorded on the Company’s balance sheet at 31 December 2004, plus costs linked to their upgrading and the closure of the airport facilities. The market value of the real estate assets will be determined by a committee of experts, which will apply methods currently used for evaluating real estate. This only affects buildings that once belonged to the public domain of Aéroports de Paris before its change of status in 2005 or the government authorities. In the event of privatisation, the PACTE law provides for a distribution of the capital gain on the sale of assets of which, the ownership will be transferred to the State at the end of ADP’s right to operate, with specific arrangements depending on the categories of assets (Article 132 of the PACTE law). The airspace around and over the aerodromes is protected by means of aviation easements. These easements are intended to protect an airfield from obstructions, in such a way that aircraft can land and take-off there under good general conditions of safety and reliability. Clearing aviation easements forbid the creation or require the removal of any obstacles that could constitute a danger for air traffic, and may lead to height restrictions for buildings. Warning beacon aviation easements involve an obligation to equip certain obstacles with visual or radio-electric devices intended to signal their presence to pilots. Lastly, there is a protected area around the airports, within which building restrictions apply, laid down in particular by noise exposure plans designed to limit over time the number of local residents affected by noise pollution through the institution of town planning oversight 1 . Airport safety legislation Aéroports de Paris holds the airport safety certificates required to operate Paris-Charles de Gaulle, Paris-Orly and Paris-Le Bourget airports. The Company is required to provide an animal hazard prevention service aimed at adopting the appropriate measures to avoid collisions between aircraft and animals, including birds. It is also required to provide an aircraft rescue and fire-fighting service.
The fees are primarily governed by the provisions of the Civil Aviation Code (Articles L. 6325-1 et seq. ) and the Civil Aviation Code (Articles R. 224-1 et seq. ), and by the 2016-2020 Economic Regulation Contract. The fee rates are subject to annual approval by the sector regulation authority. This has been the transport regulatory authority 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 administrative authority will exercise, for the first time for the approval of the 2020 rates (fees applicable as at 1 April 2020), the mission of airport sector regulator instead of the Autorité de supervision indépendante des redevances aéroportuaires (ASI). See also the paragraph in Chapter 6 “Fees” in Chapter 5.4 “Description of activities by segment”, paragraph “Airport fees” of this Universal Registration Document.. Opening of airfields to public air traffic 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. 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 under Category A, i.e. they are airfields intended for long- haul services normally provided in all circumstances. The other airfields operated by Aéroports de Paris are classified under Categories C, D or E. Works on airfields 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 funding conditions and the financial rate of return, and an analysis of the impact of the choice on existing transport facilities. The creation or extension of Category A runways at a cost in excess of €100 million requires a public consultation. The construction work for a new airfield gives rise to the prior preparation of an impact study, and is preceded by a public enquiry. Lastly, work on building, extending or substantially modifying airport infrastructure, the operation of which presents specific security risks to users and local residents, will be the subjective of a descriptive dossier accompanied by a security report, under the conditions laid down by a decree that has not yet been adopted. 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. Ownership of Aéroports de Paris assets Aéroports de Paris owns all of its assets in full, both land and infrastructure. However, the exercising of its property rights is restricted by law where a structure or land located within the airport field is required to enable Aéroports de Paris to carry out its public service obligations. The Government authorities may oppose the sale or transfer, or the creation of a security in the structure or land, or authorise such operations only on condition that they do not prejudice the fulfilment of these obligations (Article 53 of the ADP specifications).
1 1 See also Chapter 15 “Environmental data” of this Universal Registration Document.
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AÉROPORTS DE PARIS ® UNIVERSAL REGISTRATION DOCUMENT 2019
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