Key Benefits:
Mr. President of the Republic,
TheArticle 16 of Act No. 2011-12 of 5 January 2011 having various provisions to adapt legislation to the law of the European Union has authorized the Government to take, by order:
1° The necessary legislative provisions for the transposition of the following Community directives:
(a) Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 establishing common rules and standards for bodies authorized to conduct inspection and inspection of ships and the relevant activities of marine administrations;
(b) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on the State control of the port;
(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-based system for monitoring vessel traffic and information;
(d) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the basic principles governing the investigation of accidents in the marine transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and the Council;
(e) Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of ship owners for maritime claims;
2° Measures to adapt the legislation related to these transfers, including the necessary legislative provisions for the establishment of a proportionate, effective and deterrent system of criminal and administrative sanctions, including the safety of ships and marine navigation, as well as the protection of maritime signage facilities;
3° The provisions required 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 passenger carriers by sea in the event of an accident, as well as measures to adapt the legislation related to this application;
4° Measures to adapt French legislation to developments in international law on maritime safety and security, pollution prevention and environmental protection, as well as on living and working conditions on board vessels, including measures to implement the International Convention on Civil Liability for Damage Due to Pollution from Damage to Damage from Damage to Damage from Damage to Damage from Damage to Damage to Damage to Damage to London, adopted in March 2001.
These last measures, which do not fall directly under the transposition exercise, remain indispensable for the effective implementation of the requirements of international and European regulations.
This Order aims to meet the maritime security objectives pursued by the European Union, by adapting the legislative part of the transport code to the provisions established by the "Erika III" package directives, including the strengthening of port State controls, the harmonization of accident investigation procedures, the increased monitoring of classification societies and, finally, the prevention of marine claims.
Article 1 provides the necessary adjustments to the provisions of the Transport Code relating to the basic principles governing the investigation of accidents in the marine transport sector established by Directive 2009/18/EC.
Section 2 is intended to transpose Directive 2009/20/EC on the insurance of ship owners for marine claims.
It introduces an obligation of insurance to the owners of ships whose gross tonnage is equal to or greater than 300, beating French flag or visiting a French port. It also creates an insurance obligation covering specific risks to the owners of ships flying French flag or entering a French port, in accordance with the requirements of the 2001 International Convention on Civil Liability for Damage Due to Pollution from Buffer Hydrocarbons and Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on liability of passenger carriers by sea in the event of an accident.
It also supervises the delegation that the administrative authority may grant to accredited bodies to issue these insurance certificates.
It establishes a regime for the sanctions of insurance obligations and sets out the procedures for determining and adjudicating offences against the above-mentioned requirements.
Finally, it amends the provisions of the Transport Code relating to maritime assistance operations, in order to take into account the ratification by France of the 1989 International Convention on Assistance.
Section 3 deals with the procedures for the transmission of the offence minutes that suppress the absence of flight documents to be held by French flag vessels.
Section 4 concerns the maintenance and operation of vessels.
It sets out the principle of the issuance, renewal and visa of security and pollution prevention securities by classification societies authorized for this purpose, in accordance with the requirements of Directive 2009/15/EC, and establishes administrative sanctions, including monetary penalties, against such companies, in the event of a breach of their respective missions.
It also sets out the principle of the issuance and renewal of other titles and certificates required by international conventions by the administrative authority or by delegation granted to bodies authorized for this purpose under conditions established by decree in the Council of State.
Article 4 also includes measures relating to the controls carried out by the port State, and sets the conditions for refusal of access in a French port, for reasons of maritime security, failure of an insurance certificate, or failure to notify the marine or port authorities of information relating to maritime security.
It amends, as well as Article 5, administrative and penal sanctions with the aim of strengthening the severity of penalties for violations of the rules for the safety of ships, navigation and the prevention of pollution.
Article 5 also introduces provisions for the suppression of damage to marine signalling or navigation aid facilities.
The main purpose of section 6 is to extend the list of agents authorized to investigate and note the offences.
Section 7 regulates the jurisdiction of the administrative authority relating to hospitality rules in a port of a vessel requiring assistance. It also adapts the provisions of the Transport Code relating to the refusal of access to ports to the requirements set out in Directive 2009/20/EC concerning the obligation of insurance.
Article 8 sets out the link between EU law and national law regarding liability of passenger carriers by sea in the event of an accident.
Sections 9 and 10 specify the conditions for the application of the overseas order.
This is the subject of this order that we have the honour to submit to your approval.
Please accept, Mr. President, the assurance of our deep respect.
