Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Keywords

EQUIPMENT , TRANSPORT , TRANSPORT MARITIME , SAUVEGARD OF THE VIEW IN MER , DANGEROUS GOODS , NAVIRE , SECURITY OF NAVIRES , TECHNICAL PRESCRIPTION , GENERAL REGULATION


JORF n°298 of 23 December 2005 page 19819
text No. 38



Order of 12 December 2005 amending the Order of 23 November 1987 concerning the safety of ships

NOR: EQUT0502000A ELI: https://www.legifrance.gouv.fr/eli/arrete/2005/12/12/EQUT0502000A/jo/texte


Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Having regard to amended Decree No. 84-810 of 30 August 1984 on the safeguarding of human life at sea, the habitability of ships and the prevention of pollution;
In view of Decree No. 2005-471 of 16 May 2005 establishing the organization of the central administration of the Ministry of Equipment, Transport, Land Management, Tourism and the Sea;
Having regard to the amended decision of 23 November 1987 on vessel safety;
Having regard to the decision of 23 May 2005 on the organization of the general direction of the sea and transport;
Considering 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 above-mentioned decision of 23 November 1987 is amended as follows:
I. - In each article or annex in which they are listed, the words: "Office for the 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 Office for the Control of Ships and Personnel" are replaced by the words: "mission of the Transport of Dangerous Goods", "at the mission of the transport of dangerous goods", and "the mission" and
II. - In each article or annex in which they appear, the words: "Ministry of Equipment, Transport, Land Management, 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 paragraphs 7 and 9 of Article 411-4.07, the words: "Direction of Maritime Affairs and Seafarers" are replaced by the words: "General Direction of the Sea and Transport".
IV. - Section 411-1.06 is amended as follows:
"Art. 411-1.06. - (Reserved). »
V. - Section 411-1.07 adds a paragraph 4 to read as follows:
“4. The provisions of paragraph 1.4.1.1 of the IMDG Code apply only to vessels and companies that 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 relating to the improvement of the safety of ships and port facilities. »
VI. - In paragraph 2.1 (b) of Article 411-1.08, the words "and 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 shipping of dangerous goods".
VIII. - Section 411-1.10 is amended as follows:
"Art. 411-1.10. - Decision and agreement of the competent authority.
1. Exemptions:
Any carriage of dangerous goods under conditions of carriage that are not provided for in the IMDG Code shall be exempted from the competent Minister, according to the powers specified in paragraph 1 of section 411-1.09, issued under the conditions referred to in paragraph 7.9.1 of the IMDG Code.
This exemption is issued after notice of the commission for the carriage by sea of dangerous goods. However, if necessary, the competent minister may grant interim exemptions. The duration of these interim exemptions may not exceed one year and may only be renewed after the Commission's opinion on the carriage by sea of dangerous goods.
2. Authorities (approvals):
Where the IMDG Code or this Division provides for conditions of carriage requiring approval or agreement of the competent authority to be applied, this means that the carriage must be authorized by the authority competent to issue it (see Article 411-1.09 above).
Depending on the case, the authorization may be provisional.
If it considers it necessary, the competent authority may enclose all such notices as it deems useful and may cause any examination, study, investigation or expertise to be carried out by such person or body.
If the competent authority deems it useful, the opinion of the commission for the carriage by sea of dangerous goods may be sought.
Except for the transport of radioactive and fissile material for civilian use, a travel authorization may only be issued by the head of the security centre of the competent vessels, in particular with respect to the scheduling.
Any request for authorization must be made sufficiently in advance so that the authority competent to issue it may make its decision known in due course. »
IX. - In section 411-1.12, note (2) is amended to read:
"(2) The notification is sent to the General Directorate of the Sea and Transport (fax number: 01-40-81-10-65). »

X. - In the fifth paragraph of Article 411-2.01, the words "EN 45004" are replaced by the words "ISO 17020".
XI. - In the sixth paragraph of Appendix I, paragraph 1 of Appendix I to Appendix 411-2.A.1 and in the eighth paragraph of Appendix II, paragraph 1, of Appendix 411-2.A.2, the words: "land transport direction/mission of dangerous goods" are replaced by the words: "general direction of the sea and transport/mission of the transport of dangerous goods".
XII. - In the last paragraph of Appendix III to Appendix 411-2.A, the words: "Direction of Maritime Affairs and Seafarers" are replaced by the words: "General Direction of the Sea and Transport".
XIII. - In paragraph 2.1 of Article 411-4.01, paragraph 1 of Article 411-4.03, paragraph 1.2.1. of Article 411-4.05 and paragraph 2.1. of Article 411-4.06, the words: "These certificates are issued for a period of five years" are replaced by the words: "These certificates which are intended to authorize the manufacture of packagings conforming to the years
XIV. - In paragraph 2.3. of Article 411-4.01, paragraph 2 of Article 411-4.03, paragraph 1.2.2. of Article 411-4.05 and paragraph 2.3. of Article 411-4.06, a second paragraph shall be added as follows:
"The duration of use of a packaging, when limited by regulation, is determined from the date on the marking of the packaging. »
XV. - In paragraph 2 of Article 411-4.03, the words: "test report" are replaced by the word "certificate".


XVI. - Section 411-4.05, paragraph 2.1.1., is amended to read:
"2.1.1. Initial test:
The initial leakproofness test shall be carried out in accordance with the quality assurance program defined in paragraph 1.3. of this section. For composite IBCs and rigid plastic IBCs, a method other than that provided for in Chapter 6.5 of the IMDG code may be used if accepted by the approved body responsible for controlling the manufacture of this method. »
XVII. - In paragraph 1.1 of section 411-4.08, paragraph 1.1.5. and the words: "Under section 411-4.01, paragraph 1, of these Regulations, is a registered body until December 31, 2003:" are deleted.
XVIII. - In paragraph 2.3 of section 411-4.08, the words: "Association of Independent Controllers (ACI) until December 31, 2005" are replaced by the words: "Association of Independent Controllers (ACI) until December 31, 2007.
XIX. - Paragraph 1 of Article 411-6.02 reads as follows:


“1. Approved bodies


For the purposes of Chapters 4.2 and 6.7 of the IMDG Code, are designated approved bodies to issue the type certificate of approval of portable tanks (see paragraph 2 of this section):
1. Bureau Veritas until December 31, 2007;
2. The Lloyd's Register of Shipping until December 31, 2006;
3. The Association of Independent Controllers until December 31, 2007;
4. APAVE Group until 31 December 2007. »
XX. - Paragraph 1 of Article 411-6.05 reads as follows:


“1. Approved bodies


For the purposes of Chapters 4.2 and 6.8 of the IMDG Code, are designated as accredited bodies to issue the certificate of conformity for a tank type IMO 4, 6 or 8:
1. Bureau Veritas until December 31, 2007;
2. The Lloyd's Register of Shipping until December 31, 2006;
3. The Association of Independent Controllers until December 31, 2007;
4. APAVE Group until 31 December 2007. »
XXI. - Paragraph 1 of Article 411-6.08 is as follows:


“1. Approved bodies


For the purposes of Chapters 4.2 and 6.7 of the IMDG Code, are designated approved bodies to issue the type approval certificate of MEGCs (see paragraph 2 of this section):
1. Bureau Veritas until December 31, 2007;
2. The Association of Independent Controllers until December 31, 2007;
3. APAVE Group until 31 December 2007. »
XXII. - Paragraphs 1.1 and 1.2 of Article 411-6.09 are as follows:
" 1.1. In order to issue the initial, periodic or exceptional inspection certificates (see paragraphs 2 and 3 of this article) of portable tanks of the type "IMO and "UN" type, are designated approved bodies:
1. Bureau Veritas until December 31, 2007;
2. The Lloyd's Register of Shipping until December 31, 2006;
3. The Association of Independent Controllers until December 31, 2007;
4. APAVE Group until 31 December 2007.
1.2. In order to issue initial, periodic or exceptional inspection certificates (see paragraphs 2 and 3 of this section) MEGCs, are designated approved bodies:
1. Bureau Veritas until December 31, 2007;
2. The Association of Independent Controllers until December 31, 2007;
3. APAVE Group until 31 December 2007. »

Article 2


Any provisions contrary to this order are repealed. The provisions of this Order come into force on 1 January 2006.

Article 3


The Director General of the Sea and Transport and the Director General of Nuclear Safety and Radiation Protection are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, December 12, 2005.


Minister of Transport, Equipment,

tourism and the sea,

For the Minister and by delegation:

The Director General of the Sea

and Transport,

P. Raulin

Minister of Economy,

finance and industry,

For the Minister and by delegation:

The Director General of Nuclear Safety

and radiation protection,

A.-C. Lacoste

Minister of Ecology

and Sustainable Development

For the Minister and by delegation:

The Director General of Nuclear Safety

and radiation protection,

A.-C. Lacoste


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.28 Mo) Download the document in RDF (format: rdf, weight < 1 MB)