Answer ... (a) Airport charges
For all major airports, an economic advisory committee (CoCoEco) – composed of representatives of airlines, professional organisations and airport management – is responsible for issuing a non-binding opinion on the annual rate of airport charges.
Major airports may enter into a multi-year economic regulation agreement (CRE) with the minister of transport. This agreement establishes a cap on increases in airport charges in light of the planned investment programme, and sets quality of service objectives as well as a related system of financial incentives. The airport operator must submit the draft content of the CRE for user consultation. In light of the opinions expressed by users, the operator will negotiate the content of the CRE with the Ministry of Transport. The final content, negotiated between the parties, must be approved by the Regulatory Authority for Transport (ART) before being signed.
For airports that have signed a CRE with the minister of transport, this agreement determines the conditions of charge increases over a five-year period. Rates are set annually thereafter by the operator in accordance with the ceiling specified in the CRE, after consultation with the CoCoEco. These rates are then tacitly or explicitly approved by the relevant supervisory authorities (ART for airports falling within the scope of EU Directive 2009/12/EC of 11 March 2009 on airport charges; and the General Directorate for Civil Aviation (DGAC) for other major airports).
For all other major airports in France that have not entered into a CRE, the airport operator submits a yearly tariff proposal to the CoCoEco, which issues a non-binding opinion. The proposal is then submitted to the relevant supervisory authority (ART for airports falling within the scope of EU Directive 2009/12/EC; and the DGAC for other major airports), which approves it or reject it. If the supervisory authority refuses the tariffs proposed, the airport can make a new tariff proposal within one month. If this new proposal is refused a second time, the tariffs remain unchanged for one year. After two years without approved tariffs on an airport, the supervisory authority may impose its tariffs on the concerned operator. To date, this has occurred for Nice airport.
Small airports are free to fix their tariffs as they wish (but may be constrained by the provisions of concession agreements).
(b) Slot allocation
Council Regulation (EEC) 95/93 sets out the principles of the slot coordination mechanism which applies in France. This mechanism is administered in each Member State by a coordinator, which must be an independent entity acting in a neutral, transparent and non-discriminatory way. In France, the Association for the Coordination of Schedules (COHOR), which is a non-profit organisation, has been designated as coordinator for the following airports: Roissy Charles-De-Gaulle, Orly, Lyon Saint-Exupéry and Nice-Côte d’Azur.
Air carriers that have operated their allocated slots for at least 80% of a scheduled period in the previous year are entitled to the same slots in the equivalent scheduling period of the following year. Slots that were operated for less than 80% are reallocated to other applying airlines. When slots become available, the coordinator must allocate half of them to new entrants, defined as companies holding less than 5% of the existing slots.
Due to the coronavirus epidemic the European Council and the European Parliament agreed to suspend from 1 March to 24 October 2020 the airport slot requirements which oblige airlines to use at least 80% of their take-off and landing slots in order to keep them the following year (Regulation (EU) 2020/459 of 30 March 2020). The European Commission is allowed by this Regulation to extend the waiver period if necessary.
Regulation (EEC) 95/93 also provides for a lighter mechanism, called ‘schedule facilitation’, whereby a schedule facilitator is appointed to facilitate the operations of air carriers by recommending them relevant times to operate their air services. COHOR acts as schedule facilitator for the airports of Nantes Atlantique, Chambéry Savoie, Annecy Mont-Blanc and Figari Sud Corse.
COHOR is financed by coordination or schedule facilitation fees which were established by Decree 2017/60 of 23 January 2017. Its payment is split between air carriers and airport operators. Each must pay €2.10 per landing.
Infringement of slot regulation requirement may be financially sanctioned by a fine which is decided by the minister of transport. By exception, the Airport Nuisance Control Authority decides the fines for take-offs at Paris-Charles-de-Gaulle between 00:00 and 04:59 without an appropriate allocated slot.
(c) Air traffic control?
In France, air traffic control is operated by a service of the DGAC called Direction des Services de la Navigation Aérienne (DSNA).
Pursuant to Regulation (EC) 550/2004 and its implementing regulations, the provision of air navigation services is subject to certification. To obtain or retain certification, the DSNA must comply with the regulation’s requirements relating to:
- technical and operational competence and suitability;
- systems and processes for safety and quality management;
- reporting systems;
- quality of services;
- financial soundness;
- liability and insurance cover;
- ownership and organisational structure;
- security; and
- human resources.
Implementing Regulation (EU) 391/2013 also establishes a common charging scheme for air navigation services.
(d) Ground handling?
In order to provide ground handling services at an airport, a company must obtain a licence which is granted by the local state representative with the airport operator’s agreement.
The minister of transport may, at the request of an airport operator and under certain conditions, limit the number of companies providing ground handling services at the airport.