Decree Of 12 December 2005 Amending The Decree Of 23 November 1987 Relating To The Safety Of Ships

Original Language Title: Arrêté du 12 décembre 2005 portant modification de l'arrêté du 23 novembre 1987 relatif à la sécurité des navires

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Keywords equipment, transport, MARITIME TRANSPORT, safety of life at sea, dangerous goods, ship, ship safety, PRESCRIPTION technology, regulatory General JORF n ° 298, December 23, 2005 page 19819 text no. 38 order of 12 December 2005 amending the Decree of 23 November 1987 relating to the safety of the ships NOR: EQUT0502000A ELI: https://www.legifrance.gouv.fr/eli/arrete/2005/12/12/EQUT0502000A/jo/texte the Minister of the economy Finance and industry, the Minister of transport, equipment, tourism and the sea, and the Minister of ecology and sustainable development, mindful of Decree No. 84-810 of August 30, 1984 as amended relating to the safeguarding of human life at sea, the habitability on ships and prevention of pollution;
Mindful of Decree No. 2005-471, May 16, 2005, on the Organization of the central administration of the Ministry for equipment, transport, planning, tourism and the sea;
Having regard to the Decree of 23 November 1987 as amended relating to the safety of the ships;
Having regard to the Decree of 23 May 2005 on the organisation of the Directorate-General of the sea and transport;
Having regard to the opinion of the commission for the carriage by sea of dangerous goods dated 8 November 2005, stop: Article 1 division 411 of the regulations annexed to the Decree of 23 November 1987 referred to above is amended as follows: i. - in each article or annex where they appear the words: "office of regulation and control of the safety of the ship. , 'at the office for the control of ships and personnel","the office for the control of ships and personnel"and" the control of ships and personnel office"shall be replaced by the words: 'mission of the transport of dangerous goods', 'to the mission of the transport of dangerous goods', 'the mission of the transport of dangerous goods' and 'of the mission of the transportation of hazardous materials. respectively.
II. - in each article or annex where they appear the words: "Ministry of equipment, transport, planning the territory, tourism and the sea" are replaced by the words: 'Ministry of transport, equipment, tourism and the sea.
III. - in paragraph 2 of article 411 - 1.05 and in the last subparagraph of paragraphs 7 and 9 of article 411 - 4.07, the words: 'Directorate of Maritime Affairs and seafarers' are replaced by the words: "the sea and transport branch.
IV. Article 411 - 1.06 is amended as follows: «art.» 411 - 1.06.-(reserved). "V. - is added in article 411 - 1.07 a paragraph 4 worded as follows:"4. the provisions of paragraph 1.4.1.1 of the IMDG code apply only to vessels and companies which are referred to in paragraphs 1 and 2 of article 3 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security. "VI. - in paragraph 2.1 (b) of section 411 - 1.08, the words: 'and the seafarers' are deleted.
VII. - in paragraph 2.1 (d) of section 411 - 1.08, the words: "the person responsible for dangerous goods" are replaced by the words: "the person responsible for the maritime transport of dangerous goods.
VIII. - Article 411 - 1.10 is amended as follows: «art.» 411 - 1.10.-Decision and agreement of the competent authority.
1 exemptions: All transport of dangerous goods according to conditions of carriage which are not foreseen by the IMDG code should be subject to an exemption from the appropriate Minister, according to the specified powers in paragraph 1 article 411 - 1.09, issued under the conditions mentioned in paragraph 7.9.1 of the IMDG code.
This exemption is issued after the opinion of the commission for the transport of dangerous goods by sea. However, if necessary, the competent Minister may grant temporary exemptions. The duration of these interim exemptions must not exceed one year and they cannot be renewed after opinion of the Committee for the transport of dangerous goods by sea.
2 permissions (trusts): where the IMDG code or this division provides for conditions of carriage require approval or agreement of the competent authority in order to be applied, this means that the transport should be subject to authorisation on the part of the authority having jurisdiction for the issue (see article 411 - 1.09 above).
Depending on the case, the authorization may be provisional.
If it considers it necessary, the competent authority may seek all opinion it considers useful and have carried out by such person or body designated for this purpose in any examination, study, investigation or expertise.
If the competent authority useful j., the opinion of the Committee for the transport of dangerous goods by sea may be sought.
Except with regard to the transport of radioactive and fissile material for civilian use, permission for a trip can only be issued by the head of centre of ship safety responsible, including in relation to stowage.
Requests for permission must be made sufficiently in advance to enable the authority competent to issue decision in a timely manner. «IX. - in article 411 - 1.12, footnote (2) is amended to read: "(2) the notification is addressed to the sea and Transport Branch (fax number: 01-40-81-10-65).» "X. - in the fifth subparagraph of paragraph 1 of article 411 - 2.01, the words: ' 45004' are replaced by the words:"ISO 17020.
XI. - in the sixth subparagraph of paragraph 1 of Appendix I of annex 411 - 2.A.1 and paragraph 8 of paragraph 1 of Appendix II to annex 411 - 2.A.2, the words: ' Directorate of land transport / mission of transportation of hazardous materials "are replaced by the words:"branch of the sea and transport/mission of the transport of hazardous materials.
XII. - in the last paragraph of Appendix III of annex 411 - 2.A, the words: «Maritime Affairs and seafarers branch» shall be replaced by the words: "the sea and transport branch.
XIII. - in paragraph 2.1 of section 411 - 4.01, in paragraph 1 of article 411 - 4.03, in paragraph 1.2.1 of section 411 - 4.05 and paragraph 2.1 of section 411 - 4.06, the words: 'these licences are issued for a period of five years' shall be replaced by the words: "these certificates which are designed to allow the manufacture of packagings conforming to the approved type shall be issued for a period of five years.
XIV. - in paragraph 2.3 of article 411 - 4.01, in paragraph 2 of article 411 - 4.03, in paragraph 1.2.2 of section 411 - 4.05 and paragraph 2.3 of article 411 - 4.06, a second paragraph written as follows is added: "the duration of use of packaging, where it is limited by legislation, is determined from the date shown on the marking of packaging."
XV. - paragraph 2 of article 411 - 4.03, the words: "test report" shall be replaced by the word: "certificate".


XVI. - Paragraph 2.1.1 article 411 - 4.05 is amended as follows: '2.1.1. Initial test: the initial leak test must be performed in accordance with the quality assurance program defined in paragraph 1.3 of this article. For composite IBCs and for rigid plastics IBCs, one method other than that provided for in Chapter 6.5 of the IMDG code may be used if it is accepted by the authorized body responsible to control the manufacturing. "XVII. - in paragraph 1.1 of section 411 - 4.08, paragraph 1.1.5 and the words:" in respect of paragraph 1 of article 411 - 4.01 of this regulation, a recognised quality until December 31, 2003: "are deleted.
XVIII. - in paragraph 2.3 of article 411 - 4.08, the words: "Association of independent inspectors (ACI) until 31 December 2005" shall be replaced by the words: "Association of independent supervisors (ACI) until December 31, 2007.
XIX. - Paragraph 1 of article 411 - 6.02 reads as follows: ' 1. recognised organisations for the purposes of chapters 4.2 and 6.7 of the IMDG code, are designated bodies authorised to issue the certificate of type approval of portable tanks (see paragraph 2 of the present article): 1. the Bureau Veritas until December 31, 2007;
2. the Lloyd's Register of Shipping until 31 December 2006;
3. the Association of independent supervisors until December 31, 2007;
4 APAVE group until December 31, 2007. » XX. - paragraph 1 of article 411 - 6.05 reads as follows: ' 1. recognised organisations for the purposes of chapters 4.2 and 6.8 of the IMDG code, are designated as approved bodies for issuing the certificate of compliance for a tank of the type IMO 4, 6 or 8: 1.» Bureau Veritas until December 31, 2007;
2. the Lloyd's Register of Shipping until 31 December 2006;
3. the Association of independent supervisors until December 31, 2007;
4 APAVE group until December 31, 2007. "XXI. - paragraph 1 of article 411 - 6.08 reads as follows: ' 1. approved bodies for the purposes of chapters 4.2 and 6.7 of the IMDG code, are designated bodies authorized to issue the certificate of type approval of MEGCs (see paragraph 2 of the present article): 1. the Bureau Veritas until December 31, 2007;
2. the Association of independent supervisors until December 31, 2007;
3 APAVE group until December 31, 2007. » XXII. - paragraphs 1.1 and 1.2 of section 411 - 6.09 are as follows:

"1.1. to issue certificates of inspection of initial, periodic or exceptional (see paragraphs 2 and 3 of this article) of the mobile tank type" IMO and "United Nations, are appointed approved bodies: 1. Bureau Veritas until December 31, 2007;" "'.
2. the Lloyd's Register of Shipping until 31 December 2006;
3. the Association of independent supervisors until December 31, 2007;
4 APAVE group until December 31, 2007.
1.2. to issue certificates of inspection initial, periodic or exceptional (see paragraphs 2 and 3 of the present article) MEGCs, are appointed approved bodies: 1. the Bureau Veritas until December 31, 2007;
2. the Association of independent supervisors until December 31, 2007;
3 APAVE group until December 31, 2007. ' Article 2 all provisions contrary to this order are hereby repealed. The provisions of this order come into force on January 1, 2006.


Article 3 the Director general of the sea and transport and the Director general of nuclear safety and radiation protection are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, December 12, 2005.
The Minister of transport, equipment, tourism and the sea, for the Minister and by delegation: the Director general of the sea and transport, P. Raulin the Minister of economy, finance and industry, for the Minister and by delegation: the Director general of nuclear safety and radiation protection, UI. Lacoste Minister of ecology and sustainable development, for the Minister and by delegation: the Director general of nuclear safety and radiation protection, UI. Lacoste

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