Key Benefits:
The President of the Republic,
On the report of the Prime Minister, the Minister of the Interior and Spatial Planning and the Minister of Transport, Equipment, Tourism and The sea,
In view of the amendments to the Annex to the 1974 International Convention for the Safety of Life at Sea (SOLAS) and the International Code for the Safety of Ships and Port Facilities (ISPS), adopted in London by The International Maritime Organisation on 12 December 2002 and published by Decree No. 2004-290 of 26 March 2004;
Having regard to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the safety of ships And port facilities;
In view of Directive 2005 /65/EC of the European Parliament and of the Council of 26 October 2005 on the improvement of port security;
Given the code of seaports, in particular Articles L. 302-1 and L. 321-1 to L. 321-8;
In view of the Penal Code, in particular Articles 131-12 to 131-18;
Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions, as amended by Decree No. 97-1205 of 19 December 1997 and by Decree No. 2007-139 dated 1 February 2007;
In light of Decree No. 97-1198 of 19 December 1997, adopted for the application to the Minister of Equipment, Transport and Housing of the 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 on the Deconcentration of individual administrative decisions;
Having regard to Decree n ° 2004-112 of 6 February 2004 on the organisation of the action of the State at sea;
Having regard to Decree No. 2004-374 of 29 April 2004 on the powers of the prefects, to The organisation of state services in the regions and departments, as amended by Decree No. 2005-1621 of 22 December 2005;
Having regard to Decree No. 2005-1124 of 6 September 2005 for the application of Article 17 (1) of Act No. 95-73 of 21 January 2005 1995 and fixing the list of administrative inquiries giving rise to the consultation of the automated processing of personal data referred to in Article 21 of Act No. 2003-239 of 18 March 2003;
In view of Decree No. 2006-212 of 23 February 2006 Relating to the safety of activities of vital importance;
Having regard to Decree No. 2006-672 of 8 June 2006 on the establishment, composition and operation of advisory administrative committees;
In view of the opinion of the Council Senior merchant marine as of February 7, 2007;
The Conseil d' Etat (section of public works) heard;
The Council of Ministers heard,
Describes:
Chapter IV of Title II of Book III of the Marine Ports Code is replaced by the following:
" Chapter Ier
"
Marine Transport Security and Port Operations
" Section 1
" Administrative Organization
"Subsection 1
"
Security and Port Operations Security Group
" Art. R. 321-1. -An interdepartmental group on maritime transport security and port operations, chaired by the Minister responsible for transport, is hereby established. In addition to its president, this group includes twelve members because of:
" -two designated by the Prime Minister;
" -two designated by the Minister responsible for transport;
" -two designated by the Minister of the Interior;
" -two designated by the Minister of Defence;
" -one designated by the Minister responsible for customs;
" -designated by the Minister of Justice;
" -one designated by the Minister responsible for overseas;
" -designated by the Minister for Foreign Affairs.
" The chairman of the interdepartmental group may be appointed by one of the members appointed by the Minister responsible for transport. The secretariat of the interdepartmental group shall be provided by the services of the Minister responsible for
. On a proposal from its chairman, the group can hear any qualified person.
" Art. R. 321-2. -Interdepartmental Marine and Port Operations Security Group:
" -propose to the competent ministers the general guidelines of the national security policy for maritime transport and port operations, as well as any legislative or regulatory provisions and any actions to ensure and Enhance the safety of ships and seaports;
" -give an opinion on all matters of its competence which are submitted to it by the ministers concerned;
" -directs the action of the local port security committees established in Article R. 321-4.
" Art. R. 321-3. -The interdepartmental maritime transport security and port operations group shall meet at least twice a year and, where appropriate, at the request of one of its members, upon convocation by its chairman, who shall fix the agenda.
"Subsection 2
" Port Security Local Committees
" Art. R. 321-4. -In each of the ports referred to in Article R. 321-15, a local port security committee shall, under the chairmanship of the representative of the State in the department, consolidate the following
: -heads of decentralised services of the state whose action contributes to the security of maritime transport and port operations;
" -the maritime prefect or the delegate of the Government for the action of the State at sea;
-the maritime zone commander for the metropolitan ports or the superior commander of the armed forces for overseas ports;
" -the port authority and port security officer referred to in R. 321-22;
" -the Port Police Authority;
" -the port manager if applicable.
" The proceedings of the local port security committee and the information available to its members on the occasion of their work are secret.
" Art. R. 321-5. -Local Harbour Security Committee issues notice on:
" -the port security assessment project and the proposed port security plan;
" -port facility security assessment projects and port facility security plan projects;
" -projects for the construction and modernisation of infrastructure and port facilities, when the State representative in the department believes that they present security issues;
" -except in an emergency, the security measures proposed to be taken in the maritime and river zone of regulation defined in Article L. 301-1.
" The local port security committee may also be consulted by the State representative in the department in view:
" -issue an opinion on all matters relating to security in the port of security defined in Article L. 321-1;
" -to propose any measure to reinforce the level of vigilance in the port, in particular as regards information, awareness-raising, training, exercises and training;
' -to propose any coordination measures between the relevant public security services and private bodies where appropriate.
"Subsection 3
" Competencies of the State Representative in the Department
" Art. R. 321-6. -Where the right-of-way of a port extends over several departments, an order of the Minister of the Interior, taken after the opinion of the Minister responsible for transport, designates the prefect of the department who exercises the powers conferred by this Chapter on the State representative in the department. This order provides for information about the prefects of the other departments on which the port extends.
"Section 2
" Security Organizations
"Subsection 1
" Clearance of security organizations
" Art. R. 321-7. -A Commission for the clearance of the security bodies referred to in Article L. 321-6 of the Code of Maritime Ports and Article 2-2 of Act No. 83-581 of 5 July 1983 on the protection of human life at sea, habitability to Ships and pollution prevention.
" This commission is chaired by the Minister for Transport.
" In addition to its Chairman, the Commission has seven members on account of:
" -two designated by the Minister responsible for transport;
" -two designated by the Minister of the Interior;
" -two designated by the Minister of Defence;
" -designated by the Minister responsible for customs.
" The chairman of the committee may be appointed by one of the members appointed by the minister responsible for transport. Its voice is preponderant if it is shared.
" The secretariat of the clearance committee shall be provided by the services of the Minister responsible for
. Each member can be assisted by people of his or her choice.
" On the proposal of its chairman, the clearance committee may hear any qualified person.
" The clearance committee shall meet on convocation by its chairman, who shall draw up the agenda for the meeting
Art. R. 321-8. -The request for authorisation as a security body shall be addressed to the Minister responsible for transport in accordance with the arrangements laid down by the Minister
The application specifies the category (s) of port facilities or vessels for which the organization is requesting clearance.
" Art. R. 321-9. -The clearance as a security body shall be issued by order of the Minister responsible for transport after the opinion of the clearance committee established in Article R. 321-7, according to criteria defined by an order of that Minister
" The clearance is issued for a maximum of five years.
" The clearance decision specifies the category (s) of port facilities or vessels for which the security agency is authorized. It shall be notified to the body and published in the Official Journal of the French
. The authorised safety body shall inform the Minister responsible for transport of any changes to the information mentioned in his application for authorisation. The changes are communicated to the clearance commission.
" Art. R. 321-10. -The members of the clearance committee and the persons authorised for that purpose by the Minister responsible for transport shall have access to the premises of any authorised security body, with the exception of those parts for exclusive use of housing and premises To carry out checks to ensure that the organization continues to meet the criteria that justified its entitlement. It shall provide to the request any document useful for the control and evaluation of its activity.
" The cost of these controls is the responsibility of the security agency.
" Art. R. 321-11. -The authorisation may be withdrawn by the Minister responsible for transport, after notice or on a proposal from the clearance committee, where the security body no longer meets the criteria for authorisation or does not comply with the requirements of the Section. The body shall be notified in advance of the proposed withdrawal and shall have a period of one month to submit its
. In the event of an emergency, the clearance may be suspended without notice for a maximum period of two months by a reasoned decision of the Minister responsible for
. Removal and suspension of clearance decisions are notified and published under the same conditions as clearance decisions.
"Subsection 2
" Functions of authorized security organizations
" Art. R. 321-12. -I.-The State may entrust to the security bodies authorised the implementation on its behalf of the assessment and control tasks provided for in this
. II. -Port authorities, port operators and ship-owners may entrust to the security bodies authorised the establishment on their behalf security assessments and, except with regard to plans Waters of the port of security, the safety plans defined in section 3 of this chapter, as well as assessments of the safety and security plans of ships, or ask them to participate.
" An organization that has participated in the establishment of the port security assessment cannot participate in the establishment of the corresponding port security plan.
" Art. R. 321-13. -The security body authorised to provide the Minister responsible for transport with an annual activity report, the framework of which shall be laid down by order of that Minister
Art. R. 321-14. -The authorised security body shall guarantee the confidentiality of the facts, information and documents of which it is aware in the exercise of its
. It shall entrust the execution on its behalf of the tasks defined in Article R. 321-12 only to persons approved by the State representative in the département. This authorisation, valid throughout the national territory, is requested by the authorised security body which establishes, for each officer, a file whose composition and means of transmission are fixed by a joint decree of the Ministers Justice, Home Affairs, Defence and Ministers responsible for Transport and Customs. This order also sets out the authorisation procedure. The authorisation shall be granted following an administrative investigation for a period of not more than five years
Approval may not be granted in the event of a criminal or correctional conviction incompatible with the duties to be performed. The representative of the State in the department shall ensure that this condition is complied with by requesting the communication of the Criminal Record No. 2 to the national criminal record by means of a secure telecommunication or its Equivalent, in the case of foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force
The authorisation may be refused, withdrawn or suspended by the representative of the State in the département where the character or conduct of the person concerned does not present the guarantees required in relation to the security of the State, public security, The safety of persons, of public order or are incompatible with the exercise of the functions provided for in this
. Where the conditions for its grant are no longer fulfilled, the authorisation shall be withdrawn by the State representative in the department after the person concerned has been placed to submit observations.
" In case of emergency, the authorisation may be suspended without prior notice by the State representative in the department for a maximum period of two months.
" Approval decisions and decisions to withdraw or suspend approval shall be notified to the person concerned and to the authorised safety body.
" The authorisation shall open to its holder the same rights as the clearance referred to in Article R. 321-36.
"Section 3
" Safety assessment and port security plan And
security assessments and security plans for port installations
"Subsection 1
" Scope
" Art. R. 321-15. -The provisions of this section shall apply in ports subject to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the safety of ships and port facilities. The minister responsible for transport sets the list by order.
" Art. R. 321-16. -The port of security established by Article L. 321-1 shall be delimited by order of the State representative in the department after notice of the port authority.
" Subsection 2
"Security Assessment and Port Security Plan
" Art. R. 321-17. -The Port Authority shall take appropriate measures to ensure the safety of land rights-of-way in the port of security in accordance with the level of security laid down by the Prime Minister pursuant to Regulation (EC) No 725/2004 of 31 March 2004 of 31 March 2004. European Parliament and the Council
The Port Authority shall define and implement security measures in land rights-of-way that do not belong to a port facility and shall coordinate the definition and implementation of measures for such installations.
" Art. R. 321-18. -An assessment of port security, relating to the port of security and any adjacent area affecting port security, shall be established by the services of the State or by a competent security body, in accordance with defined terms and conditions By an order of the Minister responsible for transport. This assessment shall take into account, inter alia, the national security directive provided for in Chapter IV of Decree No. 2006-212 of 23 February 2006 on the safety of activities of vital
. The assessment shall be approved by joint order of the representative of the State in the department and the maritime prefect or the Government delegate for the action of the State at sea after the opinion of the local port security
. Art. R. 321-19. -At the end of the assessment of port security, a port security plan shall be drawn up by the port authority in accordance with arrangements laid down by an order of the Minister responsible for
. The elements of the plan relating to the water bodies of the port of security shall be drawn up jointly by the port authority and the services of the
. The port security plan shall determine, for each of the levels of security provided for in Regulation (EC) No 725/2004 of 31 March 2004 of the European Parliament and of the Council, the procedures to be followed, the measures to be put in place and the actions to be taken in Security matters. It covers the whole security port area established by Article L. 321-1. If the port contains at least one point of vital importance within the meaning of Decree No. 2006-212 of 23 February 2006, the plan or part thereof shall take the place of the special port protection plan provided for by that decree by way of derogation from the procedure defined at Article 28. In this case, the protection rule laid down in the last paragraph of Article 18 of the same decree shall not prevent the communication to the staff of the port of the port security plan containing the information and operational instructions That this staff should know.
" The port security plan shall, after the opinion of the local port security committee, be approved by an order of the State representative in the department which determines the restrictions on its advertising
The representative of the State in the département shall attest, by means of a declaration of conformity whose validity may be less than that of the approved port security plan, that compliance by the port of the legislative provisions and Security regulations have been verified and the operation of the port follows the plan.
" The Minister responsible for transport or the representative of the State in the département may at any time verify the compliance of the port security plan with the regulations in force and the degree of security actually ensured in the port, at the Means of an audit, possibly unannounced, carried out by the services of the State or by a competent security agency. The port authority shall authorise the persons responsible for the audit to access all equipment of interest to the port security and to all documents relating, directly or indirectly, to the port.
" Art. R. 321-20. -The port security plan is developed for a period of five years. It may be amended during its period of validity on the instruction of the Minister responsible for transport or the representative of the State in the département or at the initiative of the port authority. A change can only run a new five-year validity period if approved in the same manner as the original plan.
" The plan is amended or supplemented with any changes that have security implications. The draft amendments or additions shall be brought to the attention of the State representative in the département, who may require the approval of the amended plan or completed in the same manner as the initial plan if the importance of the Changes or additions justifies it.
" In the event of a major deficiency, the port security plan shall be amended to give rise to approval in the same manner as the original plan. If, after an unfollowed effect, this change does not occur, the state representative in the department can withdraw approval from the plan.
" When it finds, possibly during an audit, a major failure to comply with port security, the State representative in the department may, after an unmonitored effect, withdraw the declaration of conformity of the port.
" Art. R. 321-21. -The implementation of the port security plan shall give rise to exercises and training organised by the port authority under conditions laid down by a joint decree of the Ministers of Finance, Home Affairs, Defence and the Minister Transport loaded.
" Art. R. 321-22. -The port authority shall designate among the staff under its authority, for a maximum period of five years, a security officer responsible for preparing and implementing the port security plan. If the port of security contains an area of vital importance, that agent shall act as a delegate for the defence and security of that area by way of derogation from Article 29 of Decree No. 2006-212 of 23 February 2006
The port security officer shall work with the port facility security officers referred to in R. 321-29 to coordinate the implementation of the port security plan with the implementation of the security plans of the port facilities. Port facilities provided for in R. 321-26.
" The designation as a port security officer shall be subject to the possession of an authorisation issued by the State representative in the département under the following conditions and a certificate of fitness, the conditions of which Obtaining and issuing shall be defined by an order of the Minister responsible for
. The functions of the port security officer are terminated when one of these conditions is no longer fulfilled. In order to ensure the continuity of functions, the Port Authority may designate one or more alternates who are approved under the same conditions as the incumbent security officer.
" The port security officer and his alternates shall ensure the confidentiality of the facts, information and documents of which they are aware in the performance of their duties, in particular the assessment of the security of the port and of the sensitive parts of the Security plan.
" The approval of a port security officer or a port security officer is valid throughout the national territory. It is requested by the port authority, which establishes, for each officer, a file whose composition and means of transmission are fixed by joint order of the Ministers of Justice, Home Affairs and Defence and the Ministers responsible Transport and customs officials. The same decree also defines the authorisation procedure. The authorisation shall be granted, after an administrative investigation, for a period of not more than five years
Approval may not be granted in the event of a criminal or correctional conviction incompatible with the duties to be performed. The representative of the State in the department shall ensure that this condition is complied with by requesting the communication of the Criminal Record No. 2 to the national criminal record by means of a secure telecommunication or its Equivalent, in the case of foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force
The authorisation may be refused, withdrawn or suspended by the representative of the State in the département where the character or conduct of the person concerned does not present the guarantees required in relation to the security of the State, public security, The safety of persons, of public order or are incompatible with the exercise of one of the functions provided for in this Article
Where the conditions for its grant are no longer fulfilled, the authorisation shall be withdrawn by the State representative in the department after the person concerned has been placed to submit observations.
" In case of emergency, the authorisation may be suspended without prior notice by the State representative in the department for a maximum period of two months.
" Approval decisions and those for withdrawal or suspension of approval shall be notified to the person concerned and to the port
. The approval shall open to the holder the same rights as the clearance referred to in R. 321-36.
"Subsection 3
" Security Assessments
and Safety Plans Port installations
" Art. R. 321-23. -The list of port facilities within the port of security that are subject to the provisions of this sub-section shall be drawn up for each port by the State representative in the department on the proposal of The port authority. The order identifies the operator, perimeter, and main physical and functional characteristics of each installation.
" Art. R. 321-24. -The operator of the port facility shall take the necessary measures to ensure the safety of that facility, taking into account, in particular, the requirements set out in section 4 on restricted access areas. These measures correspond to the level of security laid down by the Prime Minister pursuant to Regulation (EC) No 725/2004 of 31 March 2004 of the European Parliament and of the Council
Art. R. 321-25. -An assessment of the safety of the port facility shall be established by the services of the State or by a security body authorised in accordance with arrangements laid down by an order of the Minister responsible for transport. It is approved by an order of the State representative in the department after the opinion of the port authority and the local port security committee. The opinion of the port authority shall be deemed to be favourable if it is not expressed within two months of being referred to it by the State representative in the
. Art. R. 321-26. -At the end of the assessment of the security of the port facility, a security plan for the port facility shall be established by the operator of the port facility in accordance with the terms and conditions laid down by an order of the Minister responsible for
. This security plan shall be approved by an order of the State representative in the department after the opinion of the port authority and the local port security committee. The opinion of the port authority is deemed to be favourable if it is not expressed within two months of being referred by the State representative in the département. If the port facility is deemed to be of vital importance pursuant to Article 4 of Decree No. 2006-212 of 23 February 2006, its security plan shall be worth a special protection plan by way of derogation from the procedure laid down in Article 28 of the This Order after the implementation of the procedures described in Section 2 of Chapter V of the Order. In such a case, the protection rule laid down in the last paragraph of Article 18 of that decree shall not preclude the communication to the port staff of the part of the port security plan of the port facility that this personnel must know.
" The port facility security plan shall determine, for each of the security levels provided for in Regulation (EC) No 725/2004 of 31 March 2004 of the European Parliament and of the Council, the procedures to be followed, the measures to be put in place and the actions to be taken To lead to security.
" It shall take into account the requirements of the order of the State representative in the department provided for in Article R. 321-33.
" The representative of the State in the département shall attest, by means of a declaration of conformity whose duration of validity may be less than that of the security plan of the port facility, that compliance by the port facility with the legislative provisions and Security regulations have been verified and the operation of the facility complies with the plan.
" The Minister responsible for transport or the State representative in the department may at any time verify the compliance of the port facility security plan with the regulations in force and the context and the degree of security Ensured in the installation, by means of an audit, possibly unannounced, of the facility and its security plan carried out by the services of the State or by a competent security agency. The operator of the port facility shall authorise the persons responsible for the audit to access all equipment relevant to the safety of the installation and to all documents relating, directly or indirectly, to the security of This.
" Art. R. 321-27. -The port facility security plan is developed for a period of five years. It may be amended during its period of validity on the instruction of the Minister responsible for transport or the representative of the State in the département or at the initiative of the operator of the port facility. A change can only run a new five-year validity period if approved in the same manner as the original plan.
" The plan is amended or supplemented with any changes that have security implications. The draft amendments or additions shall be brought to the attention of the State representative in the département, who may require the approval of the amended plan or completed in the same manner as the initial plan if the importance of the Changes or additions justifies it.
" In the event of a major deficiency, the port facility security plan shall be subject to an amendment giving rise to approval in the same manner as the original plan. If, after an unfollowed effect, this change does not occur, the state representative in the department can withdraw approval from the plan.
" Where it finds, possibly during an audit, a major failure to comply with the security of the port facility, the representative of the State in the department may, after an application has not been followed up with effect, withdraw the declaration of Compliance of this installation. In this case, this facility shall establish with any ship calling in to the International Ship and Port Facility Security Code (ISPS) adopted by the International Maritime Organization on 12 December 2002 a declaration As provided for by this code.
" Art. R. 321-28. -The implementation of the port facility security plan shall give rise to exercises and training organised by the operator of the port facility under conditions laid down by an order of the Minister responsible for
. Art. R. 321-29. -The operator of the port facility shall appoint a security officer to prepare and implement the installation security plan for a maximum period of five years, renewable for a maximum period of five years. If it has been deemed to be of vital importance pursuant to Decree No. 2006-212 of 23 February 2006, that officer shall act as a delegate for the defence and security provided for in Article 6 of that decree.
" The designation of the port facility security officer shall be subject to the possession of a licence issued by the representative of the State in the département under the following conditions and a certificate of fitness Conditions for obtaining and issuing are defined by an order of the Minister responsible for
. The functions of a port facility security officer are terminated when one of these conditions is no longer fulfilled. In order to ensure the continuity of functions, the operator of the port facility may designate one or more alternates who are approved under the same conditions as the holder of the right holder.
" The port installation security officer and his alternates shall ensure the confidentiality of the facts, information and documents of which they are aware in the performance of their tasks, in particular the assessment of the safety of the installation and Sensitive parts of the security plan.
" The approval of a port facility security officer or a port installation security officer is valid throughout the national territory. It is requested by the port facility operator who establishes for each officer a file whose composition and means of transmission are fixed by joint order of the Ministers of Justice, of the Interior and of the Defence and of the Ministers responsible for transport and responsible for customs. The same decree also defines the authorisation procedure. The authorisation shall be granted for a period not exceeding five years, following an administrative investigation.
" Approval may not be granted in the event of a criminal or correctional conviction incompatible with the duties to be performed. The representative of the State in the department shall ensure that this condition is complied with by requesting the communication of the Criminal Record No. 2 to the national criminal record by means of a secure telecommunication or its Equivalent, in the case of foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force
The authorisation may be refused, withdrawn or suspended by the representative of the State in the département where the character or conduct of the person concerned does not present the guarantees required in relation to the security of the State, public security, The safety of persons, of public order or are incompatible with the exercise of one of the functions provided for in this Article
Where the conditions for its grant are no longer fulfilled, the authorisation shall be withdrawn by the State representative in the département, after the person concerned has been placed to submit observations.
" In case of emergency, the authorisation may be suspended without prior notice by the State representative in the department for a maximum period of two months.
" Approval decisions and those for withdrawal or suspension of approval shall be notified to the person concerned, the port authority and the operator of the port
. The authorisation shall give the holder the same rights as the clearance referred to in Article R. 321-36.
" Art. R. 321-30. -Subject to the agreement of the State Representative in the Department, a single security assessment, a security plan or even a security officer may, within a port, cover several neighbouring port facilities with Characteristics and a similar environment. The operators of these facilities then enter into a convention defining their respective responsibilities.
"Section 4
" Applicable security measures In restricted access areas
"Subsection 1
" Creating Restricted Access Zones
" Art. R. 321-31. -One or more restricted access zones, possibly divided into sectors, may be created in any port facility by order of the State representative in the département in accordance with Article L. 321-5, after Notice of port facility operator and port authority.
" The opinion of the port facility operator and the port authority, respectively, shall be deemed to be favourable if it is not made within one month of the referral by the State representative in the
. A restricted area of access is, unless proven technical impossibility, created in any port facility dedicated to the reception of passenger ships, the reception of container ships or the reception of oil, gas or transport vessels Dangerous goods. An operator who considers that he or she is unable to find a case shall submit a case to the representative of the State in the department which collects the opinion of the local port security committee before deciding on the
. Art. R. 321-32. -One or more restricted access zones, possibly divided into sectors, may be created in the security port area outside any port facility, by order of the State representative in the department in accordance with the Article L. 321-5, after the opinion of the port authority. In these areas, the port authority shall be responsible for the obligations imposed on the port facility operator under this section.
"Subsection 2
" Access restricted access fields
" Art. R. 321-33. -The representative of the State in the fixed department by order, for each restricted area, the specific conditions of access, movement and parking of persons, vehicles and goods, as well as the arrangements for Corresponding signage.
" The movement of persons and vehicles in a restricted access area is subject to the apparent port of one of the traffic titles defined in this subsection.
" The operator of the port facility constructed around each restricted access area shall maintain a fence, in accordance with the technical specifications adopted pursuant to Article R. 321-41, and shall take the measures of Monitoring which correspond to the level of security laid down by the Prime Minister pursuant to Regulation (EC) No 725/2004 of 31 March 2004 of the European Parliament and of the Council
Art. R. 321-34. -The operator of a port facility shall not allow entry into a restricted access area of this facility other than the following
: I.-The staff of the port authority, the staff of the port facility operator, the staff of social services, as well as staff usually involved in the restricted access area for their activity Professional, with a clearance and a traffic title.
" II. -Officials and officials responsible for habitually carrying out police, security and emergency duties on the port, with a clearance except as regards officials and agents of the State in uniform or with an order of Mission or commission of employment, and a traffic title.
" III. -Aircrew of vessels welcomed by the port facility and persons on board these ships to carry out professional duties related to the operation of the ship, equipped with a traffic title Temporary.
" IV. -Persons admitted for a short period in the restricted access area with a temporary running title.
" V.-Passengers on ships hosted by the port facility, with appropriate transport title.
" VI. -Police, security or emergency services officers, as part of their emergency response.
" VII. -Representatives designated by the trade unions representative of seagoing personnel of ships and persons on board such ships to carry out professional tasks relating to the operation of the ship, equipped with A temporary or, exceptionally, a clearance and a permanent traffic title.
" Art. R. 321-35. -Inspectors and inspectors of the labour inspectorate, as well as officials and public officials carrying out assessment or control missions in the field of safety or security, shall have a national traffic title issued by the General Manager of the Sea and Transport and are authorized to enter restricted areas referred to in R. 321-31.
" Art. R. 321-36. -The authorisation referred to in Article R. 321-34 is valid throughout the national territory. It is requested by the employer who establishes for each officer a file whose composition and means of transmission are fixed by joint order of the Ministers of Justice, Home Affairs and Defence and of the Ministers responsible for the Transport and customs authority. The same decree also defines the clearance procedure. The authorisation shall be issued for a period not exceeding five years by the representative of the State in the département following an administrative
. Empowerment cannot be granted in the event of a criminal or correctional conviction incompatible with the duties to be performed. The representative of the State in the département shall ensure that this condition is complied with by requesting the communication of the Criminal Record No. 2 to the National Court of Justice by means of a secure telecommunication or its Equivalent, in the case of foreign nationals to the criminal record of the State of nationality in accordance with the provisions of the international conventions in
. The authorisation may be refused, withdrawn or suspended by the representative of the State in the département where the character or conduct of the person concerned does not present the guarantees required in the light of the security of the State, security Public safety, public order or are incompatible with the exercise of an activity in restricted access areas.
" The authorisation shall be withdrawn by the representative of the State in the département, after the person concerned has been placed to submit observations, where the conditions for its grant are no longer
. In case of emergency, the clearance may be suspended without prior notice by the State representative in the department for a maximum of two months.
" In case of urgent urgency, the authorisation may be suspended as a precautionary measure for a maximum period of 48 hours by the representative of the port police authority, who shall immediately inform the representative The state in the department.
" Clearance and withdrawal or suspension of clearance decisions shall be notified to the person concerned and to the operator of the port
. Art. R. 321-37. -The permanent circulation title required by I, II and exceptionally under VII of Article R. 321-34 shall be issued by the operator of the port facility to persons authorised for the duration strictly necessary for the exercise of the activity Within the restricted access zone of each, within the period of validity of the entitlement and without exceeding five years.
" It shall specify, where appropriate, the sectors of the restricted access area to which its holder is authorized to access.
" The operator of the port facility shall inform the persons mentioned in the I and II and, where applicable, those referred to in VII of Article R. 321-34 of the general principles of safety and of the special safety rules to be respected in the interior The restricted access field.
" The title of circulation shall be withdrawn by the operator of the port facility where one of the conditions for which it was issued is no longer fulfilled.
" Art. R. 321-38. -The operator of the port facility shall issue to the persons mentioned in III and IV and, where appropriate, those referred to in VII of Article R. 321-34 a temporary movement title indicating, inter alia, the period of authorisation of access. It shall bring to their knowledge the essential safety rules to be observed within the restricted area.
" Art. R. 321-39. -Access and parking of vehicles within the restricted area shall be limited to the justified needs of the operation of the port facility and the ship and the exercise of the tasks of the public
. Art. R. 321-40. -A joint order of the Ministers of the Interior and Defence and of the Ministers responsible for Customs and Transport sets out the characteristics of the traffic in restricted areas, their means of delivery, and their Port and use rules. This order provides, inter alia, the conditions under which the temporary movement title for ships' aircrew is issued.
"Subsection 3
" Security Equipment and Systems
" Art. R. 321-41. -The Minister responsible for transport fixed by order the list of equipment and systems affecting port security or that of port facilities, ships, goods, personnel or passengers who cannot be put in place Work, in restricted access areas, if they comply with technical specifications defined by the same order.
" Compliance with these specifications may be evidenced by a type or individual certification issued by the Minister responsible for transport.
"Subsection 4
" Introduction of Objects in Restricted Access Zones-Security Visits
" Art. R. 321-42. -A joint order of the Ministers of the Interior and Defence and of the Ministers responsible for transport and responsible for customs determines the list of goods or goods whose introduction in restricted access areas and on board ships is Or is subject to specific requirements. This list shall be brought to the attention of users by the operators of port facilities and ship owners.
" Art. R. 321-43. -The operator of the port facility shall, under the conditions laid down in Article L. 321-5, carry out the safety visit of persons and vehicles entering the restricted area of the port facility, as well as packages, Baggage and goods they carry.
" The shipowner shall carry out, under the conditions laid down in Article L. 321-5, the safety visit of persons and vehicles entering the ship, as well as the packages, baggage and goods they carry.
" A joint order of the Ministers of the Interior and Defence and of the Ministers responsible for transport and responsible for customs defines:
" (a) The division of tasks between the port facility operator and ship owners for safety visits and the conditions under which it may be waived;
" (b) The technical requirements for security visits and the procedures for determining the frequency of such
. Art. R. 321-44. -The operator of the port facility shall prohibit entry of the restricted access area to any person who refuses to comply with the security visits provided for in Article R. 321-43. It shall immediately notify the competent police or gendarmerie services.
" The shipowner shall prohibit the access of the vessel to any person refusing to submit to the security visits provided for in Article R. 321-43. It shall immediately notify the competent police or gendarmerie services.
" Art. R. 321-45. -Persons responsible for the security visits provided for in Article R. 321-43 must have received the approval of the State representative in the département and the prosecutor of the Republic of territorially competent. The authorisation shall be requested, as the case may be, by the operator of the port facility, the shipowner or the port service provider who shall, for that purpose, for each agent they designate, a file including the composition and Shall be fixed by joint order of the Ministers of Justice, Home Affairs and Defence and of the Ministers responsible for transport and responsible for customs. The same order also defines the approval procedure.
" The application for approval under this Article shall take place under the same application for authorisation under Article R. 321-36.
" Approval shall be granted for a maximum period of five years, renewable after an administrative investigation.
" Approval may not be granted in the event of a criminal or correctional conviction incompatible with the duties to be performed. The State representative in the département shall ensure that this condition is met by requesting the communication of the Criminal Record No. 2 to the national criminal record by means of a secure telecommunication or its equivalent For a European Community national.
" The authorisation shall be refused, withdrawn or suspended by the representative of the State in the département where the character or conduct of the person concerned does not present the guarantees required in the light of the security of the State, public security, Security of persons, public order or are incompatible with the exercise of an activity in restricted access areas.
" The authorisation shall be withdrawn by the representative of the State in the département or by the public prosecutor of the Republic where the conditions of grant are no longer fulfilled. The person concerned shall be informed beforehand of the proposed measure and shall have a period of 15 days to submit his observations, as the case may be, to the representative of the State in the department or the prosecutor of the Republic
In the event of an emergency, the authorisation shall be suspended without prior notice for a maximum period of two months by the representative of the State in the State Department or Public
. Art. R. 321-46. -Officials responsible for security visits who have been approved for this purpose shall be issued the title of traffic referred to in I of Article R. 321-34. They wear a distinctive sign of their function on an ongoing basis, in addition to that title.
" Art. R. 321-47. -The employer of persons approved pursuant to Article R. 321-45 shall provide them with initial training and continuing education on the ethics of safety visits, general principles of safety and the use of Technical control devices, as well as periodic training in the detection of illicit objects and substances. The tasks provided for in Article R. 321-43 shall only be carried out by persons who have attended such training and training. The conditions for approval of these formations are fixed by the Minister responsible for transport.
"Section 5
" Security of port water bodies
" Art. R. 321-48. -State representative in the department, assisted by the Port Police Authority, organizes and monitors water bodies included in the port security zone.
" In the ports listed by the Joint Order of the Ministers of the Interior and Defence and of the Ministers responsible for Customs and Transport, the assistance provided by the State authorities to ensure the safety of the water bodies And the arrangements for the coordination of these are defined by a joint decree of the maritime prefect and the State representative in the department.
"Section 6
" Measures Execution and Sanctions
"Subsection 1
" Administrative Sanctions
" Art. R. 321-49. -I.-In case of non-compliance with provisions:
" R. 321-22, R. 321-29, R. 321-33, R. 321-37, R. 321-43, R. 321-44 and R. 321-46 and texts taken for their application;
" -from the order of the State representative in the department provided for in Article R. 321-33,
the representative of the State in the department may, taking into account the nature and seriousness of the shortcomings and possibly the advantages thereof From:
" -pronounce against the natural person who has failed to comply with an administrative fine of up to EUR 750;
' -suspend the authorisation provided for in Article R. 321-36 for a period not exceeding two months.
" II. -Failure to comply with the provisions:
" -articles R. 321-14, R. 321-17, R. 321-19, R. 321-21, R. 321-22, R. 321-24, R. 321-26 R. 321-28, R. 321-29 and texts taken for their application;
" -articles R. 321-33, R. 321-34, R. 321-37, R. 321-38, R. 321-39, R. 321-43, R. 321-44, R. 321-47 and texts taken for their application;
" -orders of the State representative in the department provided for in Articles R. 321-31 and R. 321-33.
" The representative of the State in the département may, taking into account the nature and the gravity of the shortcomings and, if any, the advantages derived from them, pronounce against the legal person responsible for an administrative fine of a Maximum amount of EUR 7,500.
" III. -The State representative in the département may suspend the operation of a port facility or port, for a period of time and under conditions that it determines, in the following cases:
" (a) Failure to comply with the provisions listed in II, including failure to designate a port security officer or security officer for the port facility or failure to establish a port security plan or port facility ;
" (b) Withdrawal of approval of port security plan or port facility;
" (c) Withdrawal of the declaration of conformity referred to in articles R. 321-19 and R. 321-26.
" Art. R. 321-50. -The failure to comply with the provisions listed in Article R. 321-49 shall be the subject of written observations drawn up by the agents mentioned in Article L. 321-7.
" The findings refer to the penalties incurred. They shall be notified to the person concerned and communicated to the representative of the State in the department by the head of the service to which the editor belongs, or, where appropriate, by the minister of which he is
. The data subject has access to all the elements of his/her file. It must be able to be heard by the representative of the State in the department or by the person whom the State designates for that purpose; it may be represented or assisted by the person of his choice. The representative of the State in the department or the person designated by him to that effect may also hear the employer of a concerned natural person.
" No fine or suspension measure may be imposed more than two years after the finding of a default.
" Art. R. 321-51. -Fines and suspension measures shall be the subject of a reasoned decision notified to the person concerned. Fines are recovered as foreign claims to tax and domain.
"Subsection 2
" Criminal Sanctions
" Art. R. 321-52. -The penalty for the violation of the fifth class is punishable:
" -the introduction or non-compliance with the specific entry requirements in a restricted access area or on board a ship of goods or goods listed in the order provided for in the first subparagraph of Article R. 321-42;
" -restricted area traffic without possession of one of the traffic titles provided for in R. 321-37 and R. 321-38;
" -the fact, for the operator of a port or port facility, of obstructing the completion of one of the audit visits provided for in Articles R. 321-20 and R. 321-27;
" -the fact, for the head of a recognised security body, to oppose the enforcement of a check provided for in Article R. 321-10.
" Contraventions under this Article shall be reprimanded in accordance with Articles 132-11 and 132-15 of the Criminal Code. "
The aforementioned Decree of 6 September 2005 is amended as follows:
I.-The j of 4 ° of the I of Article 1 is replaced by the following provisions:
" (j) Security officers designated to carry out the checks and visits referred to in Articles L. 282-8 of the Civil Aviation Code and L. 321-5 of the Code of Maritime Ports; ".
II. -The 4 ° of the I of Article 1 shall be supplemented by a n so worded:
" (n) Port security officers, port facility security officers and persons performing the tasks referred to in Article R. 321-12 of the Code of Maritime Ports, referred to in Book III of the Code of Maritime Ports. "
I. -The receipt of the application for the authorisation of the persons mentioned in the I, II and, where applicable, VII of Article R. 321-34 which were in office on the date of publication of this Decree shall be provisionally clearance if it is formulated in the Later within one month from that date.
The provisional clearance is valid within the twelve-month limit until the state representative in the department has expressly ruled.
II. -The receipt of the application for registration of the persons mentioned in articles R. 321-14, R. 321-22 and R. 321-29 which were in office on the date of publication of this Decree shall be provisionally approved if it is formulated at the latest within a time limit
The provisional authorisation shall be valid within the 12-month limit until the representative of the State in the department and, where applicable, the public prosecutor of the Republic, have expressly ruled
The provisions of the preceding paragraph shall apply to the application for registration of persons referred to in Article R. 321-45 within three months of the date of publication of this Decree.
III. -Assessments of the security and safety plans of port facilities approved by the State representative in the department prior to the date of publication of this Decree shall apply to assessments and safety plans within the meaning of Article R. 321-25 to R. 321-27 of the code of the seaports in their drafting from this Decree to the date of the date of the approval.
Declarations of conformity issued to port facilities by the representative of the State In the department prior to the date of publication of this Order shall remain valid until the due date of issue.
IV. -Security body recognitions pronounced prior to the date of publication of this Decree in accordance with the order of the Minister for Transport, Equipment, Tourism and the Sea of 25 June 2004 on recognition For the purposes of Articles R. 321-9 to R. 321-14 of the Code of Maritime Ports in the drafting of this Decree for the purposes of this Decree And up to the due date notified during discovery.
In Title II of the Annex to Decree No. 97-1198 of December 19, 1997, after the words: " Action taken by the Minister responsible for transport " Are inserted the following provisions:
" Marine Ports Code:
You can view the table in OJ
N ° 76, 30/03/2007 text number 58
The provisions of the code of seaports resulting from this Decree may be amended by decree in the Council of State, with the exception of Article R. 321-6.
The Prime Minister, the Minister for the Interior and Planning of the Territory and the Minister for Transport, Equipment, Tourism and the Sea are responsible, as far as they are concerned, for The application of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, March 29, 2007.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister of Transport, Equipment,
for Tourism and the Sea,
Dominique Perben
and Spatial Planning Minister
François Baroin
