Report To The President Of The Republic Order No. 2011-635 9 June 2001 On Various Provisions Of The Code Of Transportation Adaptation Of European Union Law And International Conventions In The Fields Of The Tran...

Original Language Title: Rapport au Président de la République relatif à l'ordonnance n° 2011-635 du 9 juin 2001 portant diverses dispositions d'adaptation du code des transports au droit de l'Union européenne et aux conventions internationales dans les domaines du tran...

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Legislative dossiers legislative record of order No. 2011-635 June 9, 2011 JORF n ° 0134 June 10, 2011 page 9833 text no. 5 order No. 2011-635 dated 9 June 2001 report to the President of the Republic on various provisions for the adaptation of the code of the law of the Union transportation European and international conventions in the areas of transport and maritime safety NOR : DEVX1108164P ELI: https://www.legifrance.gouv.fr/eli/rapport/2011/6/10/DEVX1108164P/jo/texte the President of the Republic, article 16 of Act No. 2011-12 January 5, 2011, containing various provisions for adaptation of the legislation to the right of the European Union has authorized the Government to take, by way of orders: 1 ° the legislative provisions necessary for the transposition of Community directives following (: a) Directive 2009/15 / EC of the European Parliament and of the Council of 23 April 2009 laying down rules and common standards for organisations to ships inspection and survey organisations and for the relevant activities of maritime administrations;
(b) directive 2009/16 / EC of the European Parliament and of the Council of 23 April 2009 on the port State control;
(c) directive 2009/17 / EC of the European Parliament and of the Council of 23 April 2009 amending directive 2002/59/EC on the establishment of a Community system of monitoring of the traffic of ships and information;
(d) directive 2009/18 / EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council directive 1999/35/EC and directive 2002/59/EC of the European Parliament and of the Council;
(e) directive 2009/20 / EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims;
2 ° adaptation of legislation measures related to these rearrangements, including the necessary legislative provisions for the establishment of a system of Penal and administrative sanctions proportionate, effective and dissuasive, including as regards the safety of ships and maritime navigation, and the protection of maritime signalling establishments;
3 ° the provisions necessary for the application of Regulation (EC) no 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in case of accident and the measures for the adaptation of this application-related legislation;
4 ° measures for adaptation of the French legislation to developments in international law on security and maritime safety, of prevention of pollution and protection of the environment, as well as the conditions of life and work on board ship, including measures for the implementation of the international convention on civil liability for damage due to pollution by bunker oil ("Bunker oil" convention) adopted at London on 23 March 2001.
These latest measures, which are not directly exercise of transposition, remain in fact essential to the effective implementation of the requirements laid down by international and European regulations.
This order tends to meet the objectives of maritime safety pursued by the Union European, by adapting the legislative part code of transportation to the provisions established by guidelines of the "Erika III" package, including the strengthening of controls by the port State, the harmonisation of procedures for investigation after accident, the classification societies enhanced surveillance and, finally, the prevention of maritime disasters.
Article 1 provides the necessary adjustments to the provisions of the code of transport relating to the fundamental principles governing the investigation of accidents in the sector of maritime transport established by directive 2009/18/EC.
Article 2 is designed to transpose directive 2009/20/EC on the insurance of shipowners for maritime claims.
It introduces an obligation of insurance borne by owners of ships whose gross tonnage is equal to or greater than 300, flying the french flag or visiting a french port. It also creates an obligation of insurance covering specific risks borne by owners of vessels flying the french flag or entering a french port, in accordance with the requirements of the international convention of 2001 on civil liability for bunker oil pollution damage and Regulation (EC) no 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event accident.
It also oversees the delegation that the administrative authority may grant to bodies accredited to issue these certificates of insurance.
It establishes a system of sanctions for insurance obligations and lays down the procedure of finding and judgment of infringements of the above requirements.
It finally changes the transportation code provisions on maritime assistance operations, to take into account the ratification by France of the international convention on salvage, 1989.
Article 3 dealt with transmission of minutes of infringement procedures against the absence of documents on Board that must detain vessels flying the french flag.
Article 4 concerns the maintenance and operation of ships.
It sets out the principle of the issuance, renewal and visa of the titles of safety and prevention of pollution by classification societies empowered to that effect in accordance with the requirements of directive 2009/15/EC, and establishes administrative, including monetary sanctions against these companies, in the event of breach of the missions which they are respectively delegated.
It also lays down the principle of the issuance and the renewal of other titles and certificates required by the international conventions by the administrative authority or delegation granted to bodies accredited for this purpose under conditions laid down by Decree in Council of State.
Article 4 also includes measures relating to checks carried out by the port State, and sets out the conditions for refusal of access in a french port, for reasons of maritime safety, lack of certificate of insurance, or lack of reporting to the maritime or port authorities of information relating to maritime safety.
It modifies, and article 5, the administrative and penal sanctions to increase the severity of sentences punishing violations of the rules designed to ensure the safety of ships, navigation and the prevention of pollution.
Article 5 also introduces provisions to suppress damage to facilities or aid to navigation maritime signalling.
Article 6 a main objective to expand the list of regulated agents to search and identify the offences.
Article 7 frames the competence of the authority on the rules for home in a port of a ship in need of assistance. He also adapted denial of access provisions of the code of transportation to ports to the requirements laid down by directive 2009/20/EC on the obligation of insurance.
Article 8 specifies the relationship between EU law and national law relating to the liability of carriers of passengers by sea in the event of accident.
Articles 9 and 10 shall specify the conditions for the application of the order overseas.
This is the purpose of this order we have the honour to submit for your approval.
Please accept, Sir, the assurance of our deep respect.