Key Benefits:
The Minister of Transport, Equipment, Tourism and the Sea,
In the light of Council Directive 95 /21/EC of 19 June 1995 as amended concerning the application to vessels calling at Community ports or in the Community Waters under the jurisdiction of the Member States, international maritime safety standards, the prevention of pollution and the living and working conditions on board ships (port state control);
Given the Directive 2005 /35/EC of the European Parliament and of the Council of 7 September 2005 on pollution caused by ships and the introduction of penalties for infringements;
In view of Council Framework Decision 2005 /667/JHA of 12 July 2005 on To strengthen the criminal law framework for the suppression of pollution caused by ships;
In the light of Law No. 83-581 of 5 July 1983 on the protection of human life at sea, habitability on board ships and the prevention of Pollution;
In the light of Decree No. 84-810 of 30 August 1984 as amended relating to the protection of human life at sea, to habitability on board ships and to the prevention of pollution;
In light of Decree No. 88-531 of 2 May 1988 on the organisation of the Rescue and search for rescue of persons in distress;
In light of Decree No. 97-156 of 17 February 1997 amending the organisation of the decentralised maritime affairs services;
Having regard to the Order of 23 November 1987 as amended relating to the Ship Safety, and in particular Divisions 120 and 150 of its annexed Regulations,
Stop:
For the purpose of this Order:
1." CSN " : safety centres for ships, as defined in Article 1 of Decree No. 84-810 of 30 August 1984 relating to the protection of human life, to habitability on board ships and to the prevention of pollution
Of its location, in accordance with Division 120 of the Regulation annexed to the decree of 23 November 1987 as amended relating to the safety of ships, shall constitute for France the appropriate inspection service when that inspection is Required under Article 6.1 of Directive 2005 /35/EC;
2. ' CROSS " : the Regional Operational Monitoring and Rescue Centres (CROSS), as defined in Decree No. 88-531 of 2 May 1988 on the organisation of relief, search and rescue of persons in distress at sea. The CROSS constitutes, for France, the points of contact provided for in Article 9 of the Council Framework Decision 2005 /667/JHA of 12 July 2005 to strengthen the criminal framework for the suppression of pollution caused by ships;
3. DRAM " : the Regional Directorate for Maritime Affairs, of which the Director exercises the powers referred to in Article 4 of Decree No. 97-156 of 19 February 1997;
4. ' MRCC " Maritime Rescue Coordination Centres, as defined by the International Convention on Search and Rescue (Maritime Search and Rescue Coordination Centre) of 27 April 1979;
5. Ship " : any vessel operating in the marine environment, including hydrofoils, hovercraft, submersible equipment and floating equipment; and
6." Contact Points " : designated correspondents within the meaning of Article 9 of Council Framework Decision 2005 /667/JHA of 12 July 2005 to strengthen the criminal framework for the suppression of pollution caused by ships and notified to the European Commission;
7. ' Reject " : any spill from a ship, whatever the cause, referred to in Article 2 of MARPOL 73/78;
8. STM " : maritime traffic services, as defined by the International Convention for the Protection of Human Life at Sea, made in London on 1 November 1974, and of resolution A. 857 (20) adopted on 27 November 1997 on directives Applicable to marine traffic services;
9." Pollutant substances " : the substances referred to in Annexes I (hydrocarbons) and II (noxious liquid substances in bulk) of the MARPOL 73/78 Convention, in their updated versions.
1. In accordance with Directive 2005 /35/EC of 7 September 2005 on ship-source pollution and the introduction of criminal sanctions in the event of infringements, the provisions of this Order shall apply to vessels flying the French flag And foreign nationals suspected of having rejected polluting substances within the meaning of Annexes I and II to the MARPOL 73/78.
2. The provisions of this Decree shall apply in the case of discharges of polluting substances by French vessels and Aliens:
a) In waters under French sovereignty (territorial sea and inland waters);
(b) In waters under French jurisdiction (economic zone and ecological protection zone);
(c) On the high seas to vessels flying the flag
3. These provisions also apply where the discharge has been committed in the waters under the sovereignty or jurisdiction of a Member State by a French or foreign vessel and when that ship is then in a French port or at anchor in the Waters under French sovereignty.
4. The provisions of this Order shall not apply to warships and auxiliary warships, nor to other ships belonging to a State or operated by a State and affected, at the relevant time, exclusively to a public service not Sales.
When the ship suspected of having committed a rejection at sea beats the French flag, the ship's inspection shall be governed by Decree No. 84-810 of 30 August 1984 as amended relating to the protection of human life at sea, to Ship-borne habitability and pollution prevention.
When the vessel suspected of having committed a ship-to-sea discharge, the ship's inspection is considered a priority inspection and is governed by the Annex 150-1.A. 1 of Division 150 of the Regulation annexed to the Order of 23 November 1987 transposing the amended Council Directive 95 /21/EC of 19 June 1995 concerning the application to ships calling at Community ports Or in waters under the jurisdiction of the Member States of international standards relating to maritime safety, the prevention of pollution and the living and working conditions on board vessels (port State control).
The CROSS and NSC that hold information about ships suspected of having committed an illegal dumping at sea cooperate with the competent inspection services of the next port of call, for purposes
The CROSS and NSC concerned maintain a constant exchange of information between them.
They transmit the information required by the information systems defined by the regulations and directives of the European Community.
When the next stop of the ship takes place in a Member State of the European Community, the CROSS, with the support of the NSC, cooperate closely with the services responsible for the control of ships and STM centres or, in the absence of a known STM centre of the State concerned, with the MRCC or the designated contact points.
They shall communicate to them the technical elements in their possession and request that the ship be inspected in the Port considered.
When a CROSS is informed by a VTS, or in default by a MRCC or an inspection service of another Member State of the European Community or a designated point of contact, that a ship has committed a rejection of Polluting substances in waters under its sovereignty or jurisdiction and that this ship will call in a French port, the CROSS shall immediately forward the information to the DRAM and the CSN on which this port of call depends for the purpose of inspection of the Ships by the CNTU.
When an NSC is informed by a VTS, or by a MRCC or an inspection service of another Member State of the European Community or a designated point of contact, that a ship has committed a discharge of polluting substances in its Waters under the sovereignty or jurisdiction of that Member State and that this ship will stop at a French port under its jurisdiction, this CSN carries out an inspection of this ship.
In all cases, the CNTU informs the CROSS, the DRAM and the service Inspection by the Member State concerned of the inspection results. The CROSS shall inform the maritime traffic service, or in the absence of the MRCC of the Member State concerned or a designated point of contact.
When the next stop of the ship takes place in the port of a non-member state of the European Community, the CROSS and NSC shall take the necessary measures to inform the rejection of the inspection services of the Ships of this port of call.
To this end, they communicate the technical elements that they have to the ship control services of the states concerned and to the VTS or, in the absence of known STM, to the MRCC. The CROSS and NSC requests the inspection services of the ship's port of call port state to take appropriate action with respect to the rejection in question.
CROSS and CSN provide the judicial authorities with the required information.
The Director of Maritime Affairs shall be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, the 27 April 2007.
For the Minister and by delegation:
The Director of Maritime Affairs,
M. Aymeric
