Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering the International Convention for the Protection of Life at Sea made in London on 1 November 1974 (SOLAS), together with its protocols and amendments;
Having regard to Council Directive 95/64/EC of 8 December 1995 on the statistical survey of the transport of goods and passengers by sea;
Having regard to Directive 2000 / 59 / EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship operating wastes and cargo residues;
Considering Directive 2001 / 96 / EC of the European Parliament and of the Council of 4 December 2001 establishing harmonized requirements and procedures for safe loading and unloading of bulk carriers;
Having regard to Directive 2002 / 6 / EC of the European Parliament and of the Council of 18 February 2002 concerning the declarative formalities applicable to ships at the entry and/or exit of the ports of the Member States of the Community;
Having regard to Directive 2002 / 59 / EC of the European Parliament and of the Council of 27 June 2002 on the establishment of a community-based system for monitoring the traffic of ships and information and repealing Council Directive 93 / 75 / EEC;
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;
Considering the code of marine ports, including its book III, as amended byOrder No. 2005-898 of 2 August 2005 updating and adapting books III and IV of the Maritime Port Code (Legislative Party), including its article L. 302-1 ;
Considering the road code;
Given the environmental code, including its article L. 218-83 ;
Having regard to the advice of the Superior Council of the Merchant Navy dated 5 March 2009;
Based on the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated May 7, 2009,
Decrete:
Scope of application.
The provisions of this Regulation shall apply within the administrative limits of the ports whose dominant activity is trade or fishing, except for their basins intended exclusively for pleasure.
Sections 8, 9, 10 and 12 also apply in the marine and fluvial regulation area referred to inArticle L. 301-1 of the Maritime Port Code.
Definitions.
For the purposes of these Regulations,:
― "Capital": as defined in Article R. 301-6 of the Code of Maritime Ports, the mastery brings together competent officials and agents in matters of harbour police, that they fall under the authority vested with the authority of the harbour police or the harbour authority. It ensures relations with users;
"ship": any means of floating transport normally used in marine navigation and therefore subject to the regulations of that navigation;
― "boat": any means of floating transport that is not normally used in marine navigation. This name includes, in particular, floating means of transport used for inland navigation;
"floating machines": all other floating units, including non-registered units.
The floating servitude units used in the ports are considered vessels or vessels following their particular assignment;
― "dangerous goods": dangerous or polluting goods as defined in the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (MRP)Article L. 302-1 of the Code of Maritime Ports.
Application for the allocation of docks for commercial vessels or vessels.
Shipowners, brokers, consignatories must send to the port captain, either in writing or electronically, according to the model in use in the port, an application for the assignment of a dock with the information necessary to the organization of the port of call.
This application must be submitted at least 48 hours in advance. However, vessels or vessels performing several ports of call or rotations within this period, according to schedules fixed and published in advance, may be exempted from this period. In a duly justified impossibility to comply with this deadline, it must be addressed as soon as possible.
It is confirmed to the Captain's office twenty-four hours in advance by any means of transmission.
In the event of an amendment to one of the elements of the application, the Captain shall be notified without delay.
After consultation with the authority vested in the port police authority, the port authority assigns the post to dock that each vessel or vessel must occupy, in particular, its length, its drawer of water, the nature of its loading, the necessity of operation and the particular uses and regulations.
Admission to the port.
The captains shall transmit to the captain of the port of destination twenty-four hours in advance, or at the latest at the departure of the previous port when the port of destination is located less than twenty-four hours, or, if not, as soon as the port of destination is known:
1° For commercial vessels or vessels and pleasure craft more than 45 metres in length, a declaration of entry that includes:
― the identification (name, radio code, IMO and MMSI) of the vessel or vessel;
― the likely date and time of arrival in the marine and river zone of regulation;
– the date and likely time of the device;
– the total number of people on board;
- the physical characteristics of the vessel or vessel (gross and net sledge, full load displacement, full length, maximum width, maximum water from the vessel or vessel and pulling water at the arrival at the port, firing from air to arrival);
the damage of the vessel or vessel, its fittings or cargo;
― the summary of security titles and other documents required for navigation at sea with their end of validity date.
IMO Form FAL No. 1, General Declaration, is allowed to complete the entry declaration;
2° If applicable, the maritime health declaration and a health control exemption certificate or a valid health control certificate;
3° Where applicable, the declaration provided by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (RPM);
4° For vessels subject to it, a certificate that the vessel has a valid security certificate and the name of the authority having issued it, as well as the security information provided for in Article 6 of Regulation (EC) No 725/2004 of the European Parliament and the above-mentioned Council of 31 March 2004 or, for vessels carrying out routes covered by agreements relating to other security arrangements,
5° For vessels referred to in Article R. 343-3 of the Code of Maritime Ports, the declaration on operating waste and cargo residues provided for in that same article;
6° For vessels with a gross tonnage greater than 100 units, the information required for the establishment of freight and passenger transport statistics by sea.
A rectificative message must be sent in case one of the information is changed.
Ships and commercial vessels exited.
I. - Prior to the aircraft, vessels and commercial vessels shall apply to the master's office for an exit permit including:
― the identification (name, radio code, IMO and MMSI) of the vessel or vessel;
– the desired date and time of the device;
• pulling water out;
• pulling air out;
― full-load movement;
– the total number of people on board;
– the destination port and the likely date and time of arrival.
The IMO Form FAL No. 1, General Declaration, is allowed to apply for exit authorization.
They also transmit:
- where applicable, the declaration provided by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (MRP);
for vessels referred to in Article R. 343-1 of the Code of Maritime Ports, the declaration provided for in that Article;
- for vessels with a gross tonnage greater than 100 units, the information necessary to establish the transport statistics of goods and passengers by sea.
II. - Exit authorization is given by the authority vested in the port police power.
Attribution of dock, admission and exit of fishing or pleasure vessels and floating equipment.
The special rules for the assignment of a dock, the admission to the port and the exit for fishing or pleasure vessels and floating equipment are, if any, fixed by the particular regulation of the port.
French and foreign military vessels.
Articles 3 to 5, the first, second and last paragraphs of Article 8, Articles 10, 12, 13, 18, and the second paragraph of Article 23 of these Regulations are not applicable to vessels belonging to or used by the French or foreign armed forces.
However, the local representative of the national navy informs the authority vested in the port police power of the entry and exit of vessels belonging to the French or foreign armed forces, or used by them, so that this authority can regulate the entry and exit of ships, ships and floating equipment according to military needs.
Exceptions to the other provisions of these Regulations, which may be granted to vessels belonging to or used by the French or foreign armed forces, shall be granted by mutual agreement by the local representative of the national navy and, according to their purpose, by the port authority or the authority vested in the port police power.
Provisions common to all vessels, vessels or floating equipment concerning their movements in the marine and river regulating area and in the port.
Port officers, assistant port officers and port supervisors, acting on behalf of the authority vested with the port police, authorize access to the port and the departure of the port of all ships, ships and floating equipment. They set the permissible water shooters by taking into account the information provided by the port authority on the state of the funds and other elements that may affect navigation.
They regulate the order of entry and exit of the port of ships, ships and floating machines. Port officers, assistant port officers and port supervisors may prohibit the port's access to vessels, vessels and floating equipment whose entry would be likely to compromise the safety, security, health or the environment as well as the conservation or good operation of the harbour works.
They order and direct all movements of ships, ships and floating machines. The movements of ships, ships and floating machinery are carried out in accordance with the regulatory signalling. However, orders issued by port officers, assistant port officers and port supervisors prevail on signage.
The movements of ships, ships and floating machinery are carried out in accordance with the navigational practices and orders received, under the responsibility of their master or boss who remains master of the manoeuvre and must take the necessary measures to prevent accidents. They must be carried out at a speed that is not harmful to other users, to shipyards and rescue sites, to water passages, docks and fittings and other installations. The refusal to comply with the orders received is repressed in accordance with provisions of Article L. 334-1 of the Code of Maritime Ports.
When it enters the port and when it leaves, any vessel, in addition to the regulatory signalling flags, is the flag of its nationality.
The authority vested in the port police authority may impose on the captains the assistance of towing and lamanage services.
Parking of ships, boats or floating machinery, anchorage and anchorage.
It is prohibited for any vessel, vessel or floating equipment, inside the port and in the marine and river regulating area, to park outside the locations assigned to it and to prevent free movement.
Specific regulations specify the conditions under which the parking and anchor anchor anchor anchorage are allowed in the port except access channels.
Unless expressly authorized or absolute necessity, the parking and anchor anchor anchor anchorage are formally prohibited in the access channels and in the avoidance circle of a floating marine signalling facility.
Captains and patrons who, as a result of an absolute necessity, had to wet their anchors in the access channels or in the avoidance circle of a floating marine signalling facility must ensure their signalling, notify the port captain immediately and proceed with their removal as soon as possible.
Any loss of an anchor, chain or other anchorage material inside the port during anchorage and removal operations must be reported promptly to the master.
Exercise of towing.
The exercise of towing is subordinate to the approval of the harbour authority.
The special police regulations set the conditions required to ensure port security.
Lamanage exercise.
The exercise of the clearance is subordinate to the approval of the harbour authority.
The special police regulations set the conditions required to ensure port security.
Placement to dock and mooring.
The authority vested in the power of the harbour police places in the port ships, ships and floating machinery to the docks assigned by the harbour authority.
These are moored under the responsibility of their master or boss, in accordance with the maritime uses and the requirements that are served by the authority vested in the port police power.
Can be used for mooring only the mooring organs specially established for this purpose on the work or the mooring boxes.
It is defended to any captain or owner of a ship, ship or floating equipment to settle on a marine signalling facility.
It is forbidden to maneuver the moorings of a ship, ship or floating equipment to any person other than the crew of that ship, ship or floating equipment or the lamanage services, unless authorized by the authority vested in the power of port police.
The mooring means must be in good condition and adapted to the characteristics of the vessel.
In the event of necessity, any captain, boss, or guardian on board must strengthen or strengthen the moorings and take all the precautions prescribed to him by order of the authority vested in the harbour police power.
It cannot oppose the couple mooring of another ship, ordained by the authority vested with the port police power, at the request of the port authority when the necessity of the operation requires it.
Moves on order.
The port authority may at any time decide the movement of a ship, ship or floating equipment for the necessity of the operation or execution of the work of the port.
If the vessel, vessel or floating equipment is without a crew or with a reduced crew that cannot provide the maneuver alone, the port authority, after having informed the authority vested in the harbour police power, orders the vessel, vessel or floating equipment to order the necessary towing and lamanage services. If this dwelling has remained without effect, the port authority commands the necessary towing and lamanage services.
The authority vested in the power of the harbour police conducts the movement of the ship, ship or floating equipment.
Staff on board.
Any vessel, vessel or floating equipment moored in the port and armed shall have on board the personnel necessary to perform all manoeuvres that may be imposed and to facilitate the movements of other vessels, vessels or floating equipment; If he's unarmed, he must have at least one keeper on board.
It may only be derogated from the provisions of the preceding paragraph on the authorization of the port authority, and provided that the applicable safety and dangerous goods provisions permit it. The exemption is subject to the pre-delivery of a statement to the master of the name, domicile on the ground and telephone number of a person who is able to intervene quickly in the event of need, and countersigned by that person.
Hunting, draining, pumping.
Hunting and draining manoeuvres to locks and drills and pumping stations are announced by the appropriate signal, in accordance with the provisions of the particular regulation. Captains and bosses must make the necessary arrangements to preserve their ship, boat or floating equipment of any kind that hunts, drains and pumps could cause them.
Loading and unloading.
The port authority sets the locations on which the goods are handled and where vehicles and passengers are boarded or disembarked. However, in the case of dangerous goods, the handling locations are fixed by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (MRP) and the local regulations made for its application.
The port authority shall determine the time limit for loading or unloading, boarding or disembarking operations. The port authority or, in the case of dangerous goods, the authority vested in the port police authority is solely a judge of exceptional circumstances that can motivate an extension.
The vessel, vessel or floating equipment shall release the position at docks as soon as the loading or unloading operations are completed, and no later than the expiry of the time limit set for them.
Deposit and removal of goods.
The harbour authority fixes the locations on which the goods can stay. If these are dangerous goods, the locations are fixed by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (RPM) and the local regulations made for its application.
It is forbidden to make no deposits on the access layers to the water planes and on the docks and open areas of the port reserved for traffic.
The deposit of fishing gear such as fune, trawls and nets on the full earth is prohibited, except under the conditions defined by the particular regulation.
For application provisions of Article L. 333-1 of the Code of Maritime Ports, goods on docks, landslides and harbour dependencies must be removed before the end of the working day following the unloading, unless the particular regulation provides a longer period, or if the harbour authority grants an individual derogation.
If the operational requirements warrant, the port authority may prescribe the removal or movement of the goods before the expiry of the period referred to in the preceding paragraph or authorize it after.
Goods decomposing or nauseabond may not remain in depot on the docks and the land-fills of the ports before or after loading or unloading, boarding or disembarking.
Ballast water discharge.
The de-allasting operations of ships, ships or floating equipment in the waters of the port are carried out under the control of the port authority, which may prohibit or interrupt these operations when these are likely to affect the harbour public domain, the safety of the ship or the protection of the environment. The harbour authority may at any time request the communication of shipboard documents certifying that the vessel's ballast water, vessel or floating equipment does not pose a threat to the marine environment.
Pick up. – Emission of dense and nauseabond smoke.
The collection of boilers, smoke or gas ducts and the issuance of dense and nauseabond smokes are prohibited in the port and its access, unless expressly authorized by the port authority.
Cleaning docks and splashes.
When unloading or loading operations are completed, the surface of the dock in front of the vessel, vessel or equipment floating on a width of 25 metres and on the entire length of the vessel, vessel or floating equipment increased by half of the space that separates it from the neighbouring vessels, ships or floating equipment without being obliged to exceed a distance of 25 metres beyond the ends of the ship, vessel or floating equipment must be left clean.
Restrictions on the use of fire and light.
The use of fire and light on docks, terra-pleins and on board ships, ships and floating equipment staying in the port is subordinate to the compliance with the regulations established on this subject or the instructions of the harbour authority.
No smoking.
Smoking is not permitted in the holds of a ship, boat or floating equipment when entering the port.
It is also prohibited to smoke on docks, splashes and hangars where fuel or dangerous goods are deposited.
Disaster control signs.
Upon the vessel's landing, vessel or floating equipment, the port's captain shall hand over to his master the instructions concerning the conduct to be carried out in the event of a loss.
The detailed plans of the vessel and the loading plan must be on board to be made readily available to the disaster relief commander.
Access to mouths, warnings and fire equipment must always remain free.
When a claim is made, anyone who discovers it must immediately give the alert, including by warning the port captain.
When a loss occurs on board the vessel, vessel or floating equipment, the master or master takes the first steps using the emergency means available on board.
In the event of a loss on board a ship, ship or floating equipment, on the docks of the port or in the vicinity of these docks, the captains or patrons of ships, ships or floating equipment gather their crews and stand ready to take all prescribed measures.
Construction, repair, maintenance and demolition of ships, ships and floating machinery, tests of machines.
The maintenance, repair, construction or naval demolition operations outside the positions assigned to them are subject to the port authorization. They are carried out under the responsibility of the shipowner or, failing that, of the owner or their representative, who refers as such to the port authority.
The port authority may, after requiring any necessary information from the controller, establish an exclusion perimeter on the docks, in which access is restricted to the personnel involved in the operation.
When vessels, vessels or floating equipment station at their station, the tests of the propellant can only be carried out with the authorization of the authority vested in the harbour police power which fixes, in each case, the conditions of execution.
Watering of ships, boats or floating machines.
The watering of a vessel, vessel or equipment floating on hold shall be the subject of a declaration at least twenty-four hours in advance to the master's office and may not take place without the authorization of the authority vested in the power of port police.
However, the watering of life-saving appliances, when carrying out exercises or inspections at the request of the marine authority, is only the subject of prior information from the mastery by the marine authority.
Fishing, picking up marine animals, swimming.
Within the administrative limits of the port, it is prohibited, unless the particular regulation of the port otherwise provides or if an exceptional authorization is granted by the port authority:
- to seek and collect plants, shells and other marine animals;
- fishing;
- to swim.
Traffic and parking of vehicles.
The road code applies in areas open to public traffic.
Apart from open roads to public traffic, the applicable rules of signage, priority and road signs are those of the road code. Unless otherwise provided by the special police regulations, special equipment that perform handling work is always a priority.
Road vehicles intended to be loaded or unloaded, boarded or disembarked, can only be parked on the platforms and on the terra-pleins during the strictly necessary time for loading, boarding and unloading and landing operations.
Parking conditions are defined by the particular port regulations in accordance with the applicable safety provisions.
The traffic and parking of vehicles carrying dangerous substances shall be subject to the rules applicable to the transport of dangerous goods.
Storage of handling equipment.
Mobile handling equipment is stored so as not to interfere with traffic and manoeuvring on docks, terra-pleins and water bodies.
In the event of a mandatory impossibility to comply with the provisions of the previous paragraph, in particular to perform repair or maintenance operations, the master is informed. Their positioning must then be appropriately marked.
Implementation of works and works.
The execution of works and works of all nature on the docks and land-fills is subordinate to an authorization of the harbour authority.
Retention of the public domain and repression of the lack of knowledge of the provisions of these Regulations and the local regulations supplementing it.
In accordance with provisions of Articles L. 331-1 and L. 332-2 of the Maritime Port Codein particular:
1° To affect the water plan and the conservation of its depths:
- by rejecting water containing hydrocarbons, hazardous substances, sediments, or other organic or non-organic substances that may affect the environment;
- by throwing or dropping land, rubble, waste or any material in the waters of the port and its outbuildings;
– by loading, unloading or transshipment of powdery or friable material, without having placed between the vessel and the dock or, in case of transshipment, between two ships, ships or floating equipment, a well-conditioned receptacle and solidly moored or fixed, except granted by the port authority.
Any spill, discharge, fall, and generally any material or dirt that originate must be immediately reported to the mastery.
The person responsible for discharges or spills, including the master or owner of the vessel, vessel or floating equipment or the handler, shall be held at the remediation of the public domain, including by cleaning the water plan and the works welded by these spills and, where applicable, the restoration of the basin depth.
2° To undermine the good condition of the docks:
― by circulating or parking vehicles on dock crowns and cranes and more generally on all works not intended for use;
― by laying down all goods from the edge of a ship;
― by landing or landing goods likely to degrade the harbour works, in particular the crowning of the docks or the coating of the land-fills, rails, underground works, without having previously protected these works.
In all cases where the legislative and regulatory provisions of the Code of Maritime Ports do not set the penalty, the lack of knowledge of the provisions of these General Police Regulations and of those of the local regulations supplementing it constitutes a large-scale traffic violation punishable in the amount equal to that provided for 5th Class contraventions.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of the Interior, Overseas and Territorial Communities, the Minister of Defence and the Secretary of State for Transport are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, July 17, 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Defence,
Hervé Morin
Secretary of State
Transport Officer
Dominic Bussereau
