Order No. 2011-635 To June 9, 2011, Various Provisions Of Adaptation Of The Code Of The Transport To The European Union Law And International Conventions In The Maritime Transport And Security Areas

Original Language Title: Ordonnance n° 2011-635 du 9 juin 2011 portant diverses dispositions d'adaptation du code des transports au droit de l'Union européenne et aux conventions internationales dans les domaines du transport et de la sécurité maritimes

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Texts transposed Directive 2009/15/EC of the European Parliament and the Council establishing rules and common standards on empowered organizations to perform inspection and the ship visit and the relevant activities of maritime administrations Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on the control by the port State Directive 2009/17/EC of the European Parliament and of the Council amending directive 2002/59/EC on the establishment a Community system of monitoring traffic of ships and information 2009/18/EC of the European Parliament and of the Council 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 Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims summary Application of article 38 of the Constitution and Act No. 2011-12 of January 5, 2011, various provisions of adaptation of legislation to the right of the European Union, particularly article 16.
Changing the transport code.
Partial transposition of directive 2009/20. Transposition full guidance 2009/16; 2009/17; 2009/15/EC of the European Parliament and the Council establishing rules and common standards regarding the bodies authorized to carry out the inspection and the ship visit and the relevant activities of maritime administrations; 2009/18.

Keywords SUSTAINABLE DEVELOPMENT, ARTICLE 38, CODE OF TRANSPORT, ADAPTATION to THE UNION EUROPEAN, INTERNATIONAL CONVENTION LAW, AREA MARITIME, MARITIME SECURITY, EUROPEAN DIRECTIVE, TRANSPOSITION records legislative legislative record of the order No. 2011-635 to June 9, 2011 JORF n ° 0134 June 10, 2011 page 9834 text no. 6 order No. 2011-635 9 June 2011, various provisions of adaptation of the code of transport to the right of the Union European and international conventions in the areas of transport and security Maritimes NOR: ELI DEVX1108164R: http://www.legifrance.gouv.fr/eli/ordonnance/2011/6/9/DEVX1108164R/jo/texte Alias: http://www.legifrance.gouv.fr/eli/ordonnance/2011/6/9/2011-635/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister for ecology, sustainable development, transport and housing, saw the Constitution, particularly article 38;
Given the international convention of 1976 as amended on limitation of liability for maritime claims, made in London on 19 November 1976;
Given the international convention of 1989 on the assistance, made in London on 28 April 1989;
Given the international convention of 2001 on civil liability for damage due to pollution by bunker oil, made in London on 23 March 2001;
Given the international safety management code, adopted in London on 5 December 2000;
See the international maritime dangerous goods code, adopted at London on 24 May 2002;
Given the code of international standards and practices recommended applicable to safety on a maritime accident investigation or an incident of sea (code for accident investigations), adopted in London on 16 May 2008;
Seen the Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the application of the international safety management code within the community and repealing Regulation (EC) No 3051/95 of the Council;
Seen the Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 establishing rules and common standards regarding the bodies authorized to perform inspection and visiting ships;
See 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;
Given the directive no. 97/70/EC of the Council of 11 December 1997 setting up a scheme harmonized for the safety of fishing vessels of length equal to or greater than 24 meters, amended by directive 2000/35/EC of the Commission of 25 April 2002, particularly article 7;
Considering directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 establishing rules and common standards regarding the bodies authorized to carry out the inspection and the ship visit and the relevant activities of maritime administrations;
Considering directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on the port State control;
Given the directive no. 2009/17/EC of the Parliament and of the Council of 23 April 2009 amending directive 2002/59/EC relating to the setting in place of a Community system of monitoring traffic of ships and information;
Considering 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 the directive 2002/59/EC of the European Parliament and the Council.
Considering directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims;
Given the code of the environment;
Given the code of transport;
Given the criminal code;
Given law No. 2011 - January 5, 2011 12 various provisions of adaptation of legislation to the right of the European Union, especially its article 16;
See the opinion of the Advisory Committee of legislation and financial regulations of March 9, 2011;
See the opinion of the High Council of the Merchant Navy from March 17, 2011.
See the referral to the territorial Council of St. Pierre and Miquelon to March 25, 2011.
See the referral of the general Council of Mayotte on March 28, 2011;
See the referral of the Assembly of French Polynesia from March 28, 2011;
See the referral of the territorial Assembly of the Islands Wallis-and-Futuna on 29 March 2011;
See the referral to the Congress of New Caledonia to March 30, 2011;
The Council of State (section of public works) heard;
The Council of Ministers heard, orders: Article 1 more on this article...

The provisions of title II of Book VI of the first part of the code of transport are modified: i. ― to 3 ° of article l. 1621-1, the words: 'code of the international maritime Organization for the investigation of accidents' are replaced by the words: "code of international standards and recommended practices applicable to safety on a maritime accident investigation or a sea incident (accident investigation code). adopted at London on 16 May 2008.
II. — 4 ° of article l. 1621-1, the words: "that may give rise to technical investigation" are replaced by the words: "that may give rise to a technical investigation, conducted in compliance with the code mentioned on the 3rd.
III. — the following sentence is added at the end of the first paragraph of article L. 1621-14: "investigators can organize these meetings in the absence of any person who might have an interest to hamper the safety investigation. The evidence, information and documents collected cannot be used by the technical investigators for other purposes than the technical investigation itself, unless public interest justifies their disclosure. ' Article 2 more on this article...

Book I of part v of the code has been changed: i. ― has article l. 5113-1, the words: ", the health and safety at work ' are inserted after the word:"hygiene ".
II. in the second paragraph of article l. 5121-5, the number: '500' is replaced by: '2 000 '.
III. the heading of title II — reads: ' title II '. ― Regimes of liability and insurance obligations.
IV. ― it is added after chapter II of title II a chapter III reads: "chapter III" Obligations of insurance "Section 1" General Insurance Bonds 'art ' "" '. 5123-1.-the registered owner of a ship or any other person, such as the bareboat charterer who is responsible for the operation of the ship, subscribed an insurance or other financial security, with or without a franchise, when this ship beats french Pavilion or enters a french port and its gross tonnage is equal to or greater than 300.
"The insurance or guarantee cover maritime claims subject to limitation in respect of the convention of 1976 changed on limitation of liability for maritime claims, made in London on 19 November 1976. The amount of the insurance for each ship and by event, is not less than the maximum amount applicable to the limitation of liability in accordance with this agreement.
"A certificate that the guarantee is valid must be on board the vessel.
"The information to be contained in the certificate are set by regulation.
"This section does not apply to ships owned by a State or operated by him and used for a noncommercial State service."
"Section 2"Obligations of insurance covering specific risks.

'Art. L. 5123 - 2.-I. — the registered owner of a ship, within the meaning of paragraph 4 of article 1 of the international convention of 2001 on civil liability for damage due to pollution by bunkers, made in London on 23 March 2001, subscribed an insurance or other financial security satisfying the requirements of this convention when this ship is operated under the french flag , or key or leave a french port or a facility located in the French territorial sea. A certificate attesting that the guarantee is valid must be on board the vessel.
"II. — the carrier which actually provides all or part of a transport of passengers, as defined in point c of paragraph 1 of article 1 of the Athens convention relating to the carriage by sea of passengers and their luggage, as amended by its Protocol done at London on 1 November 2002, subscribed an insurance or other financial security satisfying the requirements of this convention and the regulations (EC) no 392/2009 of the European Parliament and of the Council of the. 23 April 2009 on the liability of carriers of passengers by sea in the event of accident, where this ship is operated under the french flag, or key or leave a french port. A certificate attesting that the guarantee is valid must be on board the vessel. These obligations apply from the date of entry into force of the convention and at the latest 31 December 2012 if the agreement is not entered into force by that date.
'Art. L. 5123 - 3.-I. — the issuance of insurance certificates of ships referred to in article l. 5123-2 may be delegated to bodies approved by the authority, when in application of international instruments or of the relevant European legislation these certificates may be the subject of a delegation. These certificates are then issued on behalf and under the responsibility of the State. Their issue may give rise to the perception of compensation by the delegate.
"The powers and terms of approval of these bodies are specified by Decree in Council of State.
"II. — an administrative fine of a maximum amount of €100,000 may be pronounced by the competent administrative authority against a body empowered to issue certificates of insurance in accordance with this article, if it is not running the control mission as requested under normal conditions required for the performance of this service.
"In case of a serious breach or repeated in the performance of the service of its delegate, or in the event of non-payment of the administrative fine imposed pursuant to the preceding paragraph, the delegation may be suspended or revoked by the competent administrative authority, under the conditions laid down by Decree in Council of State.
'Art. 5123-4.-the provisions relating to compulsory insurance of shipowners for oil pollution damage are laid down by the provisions of subsection 1 of section 1 of Chapter VIII of title I of book II of the code of the environment.
«Section 3 "Sanctions of insurance bonds «Art»»» 5123-5.-when a ship does not comply with Section 5123-1 insurance certificate, the competent administrative authority may, without prejudice to any measures of immobilization or postponement of departure of the vessel which may be rendered necessary for reasons of security, a deportation of the ship.
"The enforcement of the present article are fixed by regulation.
'Art. L. 5123 - 6.-I. ― is punished by a €45,000 fine: "(1) the fact that the persons referred to in article l. 5123-1 for not respecting the obligations of the same section;
"(2) the fact that the owner registered ship, within the meaning of paragraph 4 of article 1 of the international convention of 2001 on civil liability for damage due to pollution by bunker oil, made in London on 23 March 2001, for not respecting the obligations of the article I l. 5123-2;
«(3) the fact that the carrier that actually all or part of the transport, within the meaning of point c of paragraph 1 of article 1 of the Athens convention of 1974 relating to the maritime transport of passengers and their luggage, such as amended by its Protocol done in London on November 1, 2002, for not respecting the obligations in article L II. 5123-2.»
"II. ― is punished with a year imprisonment and €75,000 fine:" (1) the fact of hindering the exercise of the functions of the officers referred to in article l. 5123-7;
"(2) the fact of not to obey an injunction handed down in application of article l. 5123-5 or obstruct an enforcement action to ensure that the ship leaves the port.
«Section 4 "finding of violations «Art»»» L. 5123 - 7.-I. — in addition to the officers and agents of the judicial police are empowered to search and see the offences provided for in article l. 5123-6: "(1) the directors of Maritime Affairs;
"(2) inspectors of Maritime Affairs;
"(3) the officers of the body technical and administrative affairs;
"(4) the State agents authorized by the Minister responsible for the sea as inspectors of safety of ships and the prevention of maritime hazards;
"(5) technical experts of the security of maritime navigation service;
"(6) the controllers of Maritime Affairs;
"(7) the Trustees of seafarers;
"(8) Customs officers."
"II. ― have access on board any ship to check for the presence of certificates provided for in articles l. 5123-1 and l. 5123-2 agents mentioned in the I. '" Art. 5123-8.-minutes of finding of infringement are transmitted within five days following the finding of the facts to the Prosecutor of the Republic by the enforcement officer that address at the same time copy to the departments concerned. These minutes are faith until evidence to the contrary.
'Art. 5123-9.-violations of the provisions of this chapter are deemed by the competent court of the place of the offence, either by the competent court in the district in which the ship is registered.
"Failing another court, the Court of first instance of Paris is competent."
V. ― Chapter II of title III is replaced by the following: "chapter II" Assistance "Section 1" General provisions 'art ' "" '. L. 5132 - 1.-I. – without prejudice to the provisions of chapter II of title VI of book II, are applicable to operations of assistance the provisions of this chapter whenever a judicial or arbitral action is brought before a court or a French arbitration.
"The provisions of this chapter are suppletive, except those contained in articles l. 5132-2 and l. 5132-6 and those to prevent or limit damage to the environment."
"They are likely to apply in all waters, ships, boats and property, on the condition that the assistance operations respond to one at least of the following two conditions: ' (1) operations, in whole or in part, in marine waters;
"(2) a ship is concerned as assisted either as an assistant.
"For the application of the provisions of this chapter, any buoyant apparatus is considered, depending on the case, either the ships or boats.
"II. — the provisions of this chapter are applicable to ships and boats or those assigned to a public service of the State. The article III and II of article l. 5132-7 are not applicable to ships and boats of the State.
«III. — the provisions of this chapter apply even if the ship assisted boat and ship or boat assistant belong to the same owner.»
"IV. — the provisions of this chapter do not apply when is one of maritime culture of prehistoric, archaeological or historic interest and which is located at the bottom of the sea."
«V. ― in the provisions of sections 2 to 4 below, the term: "ship" means a ship or boat or, in accordance with the last paragraph of the I, all floating craft which is likened them.»
'Art. L. 5132-2.-Captain may enter into contracts for assistance on behalf of the owner of the ship. The master or the owner of the ship may enter into such contracts on behalf of the owner of the property on board the ship.
«Section 2 ' compensation assistance «Art»»» L. 5132 - 3.-I. ― assistance operations that have had a useful result give right to remuneration for the benefit of the person or persons who have provided assistance. Subject to article l. 5132-5, no payment is due pursuant to this chapter if the assistance operations have had no useful result.
"II. ― services despite the express and reasonable defense of the owner or the master of the vessel or the owner of any other property in danger which is not or was not on board the ship do not right to remuneration.

"III. — no compensation is due for services rendered under contracts concluded before that danger occurs, unless the services rendered exceed what can reasonably be considered to be the normal contract execution."
'Art. L. 5132 - 4.-I. ― the remuneration is set to encourage assistance operations and taking into account the following criteria, regardless of the order in which they are mentioned: "(1) the value of the vessel and other property saved;
"(2) the skill and efforts of the assistants to prevent or limit damage to the environment;
"(3) the extent of the success obtained by the wizard;
"(4) the nature and significance of the danger;
"(5) the skill and efforts of the assistants to save the vessel, other property and human lives;
"(6) the time spent, expenses and losses incurred by the wizards;
"(7) the risk of liability and other risks by assistants or their material;
"(8) the promptness of the services rendered;
"(9) the availability and use of ships or other materials intended to support operations;
"10 ° readiness as well as the effectiveness and value of the material of the wizard.
"II. — payment of compensation fixed in accordance with the I must be made by all interested parties in proportion to the respective value of the vessel and other property saved.
«III. ― payments, to the exclusion of all interest and fees legal recoverable which may be due to this regard, do not exceed the value of the vessel and other property saved.»
'Art. L. 5132 - 5.-I. — the wizard who has carried out operations of assistance to a vessel which, by itself or as a result of its cargo, was threatening to cause damage to the environment and was able to obtain, in application of article l. 5132-3, compensation at least equal to the special compensation calculated in accordance with this section is entitled on the part of the owner of the ship to the indemnity.
"II. — If, in the circumstances mentioned in the I, the wizard warned or limited damage to the environment by its assistance operations, the special compensation due by the owner of the ship to the assistant under the I can be increased up to a maximum of 30% of the expenses incurred by the wizard. However, if the Court deems equitable and fair, taking into account the relevant criteria in the article l. 5132-4 I, it can still increase the special allowance, without that the total increase represents more than 100% of expenses incurred by the wizard.
«III. — expenses of the wizard taken into account for the purposes of this section include disbursements reasonably incurred by the wizard in assistance operations as well as fair for the hardware and the staff actually and reasonably used in the assistance operations, in the light of the criteria set out in the 8 °, 9 ° and 10 ° of the I of article L. 5132-4.»
"IV. ― the total special compensation is paid only in the cases and to the extent where it exceeds the remuneration that can be obtained by the Wizard under article l. 5132-3.
"V. ― If the assistant was negligent and could not, therefore, to prevent or limit damage to the environment, he may be deprived of all or part of the special compensation due in accordance with this section.
"VI. — the provisions of this article deprive not his rights of recourse of the shipowner.
'Art. L. 5132-6.-a contract or some of its provisions may be cancelled or modified, if: "(1) the contract concluded under unreasonable pressure or under the influence of danger and its clauses are not fair; or "(2) if agreed under the contract payment is too high or too low for the services actually rendered.
'Art. L. 5132 - 7.-I. — the distribution between wizards of the compensation is done on the basis of the criteria referred to in article l. 5132-4.
"II. — the distribution between the owner, the captain and the other people in the service of each ship Wizard is determined by the law of the flag Wizard. If assistance has not been conducted from a ship, the distribution takes place according to the law governing the contract between the wizard and his attendants.
'Art. L. 5132-8.-He is due compensation for the people saved.
"However, the rescuer of human lives who attended the services rendered on the occasion of the accident giving rise to the delivery of relief is entitled to a fair share of the payment allocated to the wizard to have saved the vessel or other property or to be notified or limited damage to the environment.
'Art. L. 5132 - 9.-I. — any action for payment brought under this chapter is prescribed if judicial or arbitral proceedings has not taken within a period of two years. The short period of the day where aid operations have been completed.
"II. — the person against whom a claim has been formed may at any time during the limitation period, extend it by a declaration addressed to the creditor. The time limit may, in the same way, being further extended.
«Section 3 "terms of execution of operations of assistance «Art»»» L. 5132 - 10.-L'assistant has an obligation: "(1) to perform operations of assistance with due care;
"(2) when he undertakes the obligation referred to in the preceding paragraph, to act with the care wanted to prevent or limit damage to the environment;
"(3) every time that the circumstances reasonably, to seek the help of other assistants;
"(4) to accept the intervention of other assistants when reasonably asked to do so by the master or the owner of the vessel or other property in danger; the amount of his remuneration is not affected if it turns out that this request was not reasonable.
'Art. L. 5132-11.-the captain, the owner of the ship and the owner of the other property in danger are required: "(1) to cooperate fully with the wizard for assistance operations;
'(2) in doing so, to act with the care wanted to prevent or limit damage to the environment;
"(3) when the ship or other property had been brought to safe place, to accept the refund once the wizard their application reasonably.
«Section 4 "responsibility of the wizard «Art»»» L. 5132 - 12.-I. — the wizard liability for injury or damage that are directly related to operations of assistance or rescue, in the sense of the 1976 convention on limitation of liability for maritime claims made in London on 19 November 1976, such as amended, as well as for all other damages resulting from these operations may be subject to limitation, regardless of the basis of liability.
"II. — This limitation is subject to the same conditions as those applicable to the limitation of liability of the ship owner referred to in chapter I of title II of this book.
'Art. L. 5132 - 13.-I. ― assistant attendants have the right to avail itself of the limitation of liability under the same conditions as the wizard himself.
"II. — the limits of liability of the wizard acting from one vessel other than that to which it provides assistance services are calculated according to the rules provided for in article l. 5121-5 ship owner.
"III. — the limits of liability of the wizard not acting from a vessel or acting only vessel to which it provides assistance services are calculated according to the same rules and on the basis of a gauge of 2000."


Article 3 more on this article...

L. 5222-2 of the code and article: i. ― in the first paragraph, the words: "departmental Director of territories and the sea in the district where they are" are replaced by the words: "Manager of the sea in the district where they are," and the words: "and, in case of impediment, to the first departmental Director of territories and the sea with which they may come into contact" are deleted.
II. in the second paragraph, the words: 'agents mentioned in the 2 ° to 7 ° of article l. 5222-1' shall be replaced by the words: 'agents referred to in 1 ° to 7 ° of article l. 5222-1 and -3 ° of article l. 5336-5' and the words: "transmitted to the departmental Director of territories and the sea which they belong" are replaced by the words: "also transmitted to the departmental Director of territories and the sea in the jurisdiction of which the offence was committed."


Article 4 more on this article...

Chapter I of title IV of book II of part v of the code has been changed: i. — section 2 is replaced by the following: "Section 2" maintenance and operation of ships «Art»»» 5241-2.-General rules intended to ensure the security and safety on board ships, the livability of the latter as well as the maritime professional risk prevention and the prevention of pollution by ships operating and maintenance are established by regulation.

"The owner or operator of the ship keeps the ship and its equipment in accordance with these rules."
II. in the first paragraph of article l. 5241-4, the words: 'or by approved classification societies' are replaced by the words: "or by classification societies authorised under conditions laid down by Decree in Council of State."
III. ― it is added after article l. 5241-4 a well written article 5241-4-1: 'art. L. 5241-4 - 1.-I. — an administrative fine of a maximum amount of €100,000 may be ordered by the administrative authority against the authorised classification societies who ignore their professional obligations of control defined by regulation. In the case of reiteration of a breach within a period of two years, the ceiling of the fine is doubled.
"II. — However, when the shortcomings have already resulted in the imposition of a fine by the Commission European in application of article 6 of Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 establishing rules and common standards regarding the bodies authorized to inspection and the visit of the ships, the amount accumulated two fines may not exceed the percentage of the turnover referred to in paragraph 3 of the same article.".
"III. — in the case of a serious breach or repeated in the execution of the service, or in the event of non-payment of an administrative fine imposed in accordance with the provisions of the I, the administrative authority may suspend or withdraw empowerment according to the procedures laid down by Decree in Council of State."
IV. after section 3 ―, inserted a section 3 bis and section 3B thus written: "Section 3 bis ' other titles and certificates «Art»»» 5241-4-2.-other securities or certificates required by the international conventions, including certificates for the cargo referred to in article l. 5241-10-1, may be issued by bodies approved under conditions laid down by Decree in Council of State.
"The provisions of article l. 5241-4-1 are applicable to these bodies.
«Section 3 ter "control by the State of the port «Art»»» 5241-4-3.-ships under the flag of a foreign State that call at a port or a french anchorage are likely to be the subject of inspections under the conditions specified by Decree in Council of State.
'Art. 5241-4-4.-expenses related to the inspections provided for in article l. 5241-4-3 are the responsibility of the owner or operator of the ship. "V. — the title of section 4 of chapter I of title IV of book II of the fifth part of the transport code becomes:" denial of access to the port and capital measures.
VI. ― it is added to section 4, before article l. 5241-5, an article l. 5241-4-5 so written: 'art. 5241-4-5.-subject to the provisions of article l. 5331-3, the administrative authority denies access to ports: "(1) A any ship with a high risk for maritime safety, maritime safety or the environment, in the cases laid down by Decree in Council of State;
"(2) a ship has been the subject of an expulsion decision in application of article l. 5123-5 or a similar decision by the competent authority of another European Union Member State, as long as the owner or operator of the ship does not have the certificate required by Section 5123-1."
VII. ― article l. 5241-5 is completed by three paragraphs thus written: "the administrative authority may also prohibit or postpone the departure of any vessel did not comply, prior to arrival at the port or at anchor, the duty to report to the authorities, maritime or port of maritime safety information which content is fixed by regulation, or who is not equipped with a device to ensure the security of access onboard for inspection.
"The costs involved in the inspection of a ship immobilized or whose departure has been postponed are the responsibility of the owner or operator of the ship.
"A decree in Council of State fixed the conditions and terms of this prohibition or the delay of departure."
VIII. – the first paragraph of article l. 5241-6 is replaced by the following: "operating a ship or any related operation of risk manifest for the safety or health of passengers or crew, for other ships, or to the environment can be limited or prohibited by the administrative authority, after a study of compliance or a visit.
"She can in the same conditions be stopped emergency, clear and imminent risk."
IX. the title of section 5 ― becomes: 'visits and inspections of ships.
In articles l. 5241-7 and l. 5241-8, after the word: "visits" are added the words: 'and inspections '.
X. ― it is added after section 6 section 6 bis thus written: "Section 6 bis ' cargo «Art»»» 5241-10-1.-dangerous goods, harmful substances as well as other cargo can be proposed to the loading on a ship by or accepted by the carrier on board charger, if the rules of safety or pollution prevention these cargo established by regulation are not met.
'Art. 5241-10-2.-related cargo certificates may be suspended or withdrawn for reasons related to the safety of the transport or the prevention of pollution. "XI. ― article L. 5241-11 is replaced by the following: 'art. 5241-11.-is punished by €75,000 to fine, for any owner or operator, to navigate or attempt to sail a vessel subject to the international convention on load lines, made in London on 5 April 1966, which lacks freeboard or brands including appropriate load lines marked on the borde are immersed during the journey or upon arrival.
"The captain who has committed one of the offences referred to in paragraph 1 is liable to the same penalty as the owner or operator. However the maximum fine is €15,000 if he received an order of the owner or the operator.
'The same penalty shall apply to officials of loading, unloading, classification, packaging, marking, labeling, reporting and handling that break the rules referred to in article l. 5241-10-1.'
XII. ― it is added after article L. 5241-11 a 5241-11-1 well written article: 'art. 5241-11-1.-is punished with a year imprisonment and €75,000 fine because for any manufacturer, Captain, owner or operator of a ship, to install without approval of the positions of sleeping at the front of the ship beyond the bulkhead below the load line or collision. "XIII. — in the first paragraph of article L. 5241-12, the sum: '€15 000' is replaced by the sum:"€75,000 ", and the word: 'shipowner' shall be replaced by the word: 'operator '.
In the second paragraph of the same article, the sum: "€3 750" is replaced by the sum: "1,500 euros" and the word: 'shipowner' shall be replaced by the word: 'operator '.
XIV. — in the first paragraph of article L. 5241-13, the words: "a year in prison and € 15,000" are replaced by the words: 'two years in prison and € 150,000' and the word: 'shipowner' shall be replaced by the word: 'operator '.
XV. ― article L 5241-14 is replaced by the following: 'art. 5241-14.-shall be punished for a year of imprisonment and €75,000 fine does it for anyone to oppose the exercise of monitoring missions assigned to the officials and servants of the State referred to in article l. 5243-5 and the staff of authorised classification societies and accredited bodies referred to in articles l. 5241-4 and l. 5241-4-2. "XVI. — the first paragraph of article L. 5241-15 is replaced by the following:"shall be punished for a year in prison and € 150,000 fine the fact to sell or offer for sale, install or have installed security or pollution prevention hardware or other marine equipment required by the regulations did not receive approval the brand European compliance or approval to use required. ' Article 5 more on this article...

Chapter II of title IV of book II of part v of the code has been changed: i. ― article l. 5242-3 is amended as follows: (1) in the first paragraph of the I, the words: 'three months' imprisonment' shall be replaced by the words: "six months" and the sum: "€3 750" is replaced by the sum: "7 €500;
(2) it is added to the I a 3 ° and 4 ° thus written: "(3) has the vision and hearing Eve to ensure permanently with all means available and adapted to the circumstances and the existing conditions, to allow a full appreciation of the risk of collision;
"(4) to maintain a safe speed to take appropriate and effective action to avoid a collision and stop over a distance appropriate to the circumstances and existing conditions permanently."

II. ― article l. 5242-4 is amended as follows: (1) to I, the words: 'three months' are replaced by the words: 'six months', the sum: "€3 750" is replaced by the amount: "€15,000", and added a 4 ° thus written: "(4) is injuries resulting from total inability to work or for a period of less or equal to three months for one or more persons.";
(2) at the II, the sum: "€3 750" is replaced by the sum: "€30,000" and the 3rd is replaced by the following: "3 ° or injuries resulting in total incapacity for work for a period longer than three months for one or more persons.";
(3) the III is replaced by the following: 'III. ― The penalties provided for in the I and II are brought to three years imprisonment and €75,000 fine if the offence resulted in death for one or several people. » ;
(4) the IV becomes V;
(5) it is added a new IV reads: "IV. ― The penalties to the I, II and III are brought to double if the offence is committed by a person exercising command in irregular conditions within the meaning of article L. 5523-2. "III. ― it is added after article l. 5242-6 a well written article 5242-6-1: 'art. L. 5242-6-1. -Is punishable by two years imprisonment and a €30,000 fine due to use or send out any dangerous situation, international distress signals. "IV. — in articles l. 5242-9, L. 5242-10 and L. 5242-11, the sum: '€15 000' is replaced by the sum:"€75,000.
V. ― it is added after section 4 section 5 as written: "Section 5" damage to facilities of maritime signalling or aid to navigation «Art»»» L. 5242-21. -Without prejudice to the penalties incurred, any damage to an installation of maritime signalling or aid to navigation located outside the administrative boundaries of a port and up to the limit of waters under French jurisdiction constitutes a breach of big highways, repressed by a fine in the amount of €3 750.
'Art. L. 5242-22. -The fact of not declaring the destruction, displacement or degradation of an installation of maritime signalling or aid to navigation located outside the administrative boundaries of a port and up to the limit of waters under French jurisdiction is punishable by six months imprisonment and 7 €500 fine.
'Art. L. 5242-23. -Without prejudice to the obligation of reparation of the damage, the fact destroy, move, take down or degrade an installation of maritime signals or navigational aid located outside the administrative boundaries of a port and up to the limit of waters under French jurisdiction, or to interfere with the smooth operation of such a facility, is punishable by three years imprisonment and a €45,000 fine.
'Art. L. 5242-24. -Minutes of finding of infringement are transmitted within five days following the finding of the facts to the Prosecutor of the Republic by the enforcement officer that address at the same time the place of the offence a copy to the Manager of the sea which. These minutes are valid until proof to the contrary. ' Article 6 learn more on this article...

Chapter III of title IV of book II of part v of the code has been changed: i. ― are added after article l. 5243-2 articles l. 5243-2-1, l. 5243-2-2, l. 5243-2-3 and l. 5243-2-4 thus written: 'art. 5243-2-1.-the safety inspectors of ships and the prevention of maritime hazards authorized by the Minister responsible for the sea can search and see offences penalized under the provisions of this title or the regulatory arrangements for their application in their field of competence.
'Art. 5243-2-2.-the commanders of the State buildings, the controllers of Maritime Affairs, the Trustees of seafarers and officers mentioned to 3 ° of article l. 5336-5 are empowered to search and see the offences provided for in articles L. 5242-21 L. 5242-23 or by the regulatory measures adopted for their application, in accordance with article L. 5222-2.
'Art. 5243-2-3.-inspectors and labour inspectors are empowered to search and see the offences penalized under the provisions of this title pertaining to their particular area of expertise.
'Art. 5243-2-4.-the buildings of the State commanders are empowered to search and see the offences provided for in articles L. 5241-12 and 5241-13. "II. — in the last paragraph of article l. 5243-4, the words: 'covering the conditions of habitability and safety' are replaced by the words:"dealing with the conditions of security, habitability, hygiene, health and safety at work.
III. ― article l. 5243-5 has been changed: (1) in paragraph 1, the words: "articles l. 5243-1 to l. 5243-4" shall be replaced by the words: "5243-1, l. 5243-2, 5243-2-1, l. 5243-2-2, l. 5243-2-4, l. 5243-3 and l. 5243-4"
(2) in the third paragraph, the words: 'in five days"are replaced by the words:"promptly"and the words:"departmental Director of territories and the sea"are replaced by the words:"Manager of the sea which is the place of the offence ".


Article 7 more on this article...

Title III of Book III of the fifth part of the code has been changed: i. ― the second paragraph of article l. 5331-3 is replaced by the following: "the administrative authority orders if there is place at the port authority a vessel requiring assistance. It may also, if it is necessary, permit or order its movement in the port. "II. ― article l. 5334-4 is amended as follows: (1) the first subparagraph is replaced by the following:" access to the port is forbidden: "(1) A ship which present a risk to maritime safety, marine or environmental, security has been the subject of a decision of refusal of access by the administrative authority in accordance with the provisions of the 1 ° of article l. 5241-4-5 or by a competent authority of a Member State of the European Union or of a State acting in execution of a" Memorandum of understanding on the control of ships by the port State in which the France adheres;
"(2) has any vessel the subject of a decision of refusal of access by the administrative authority in accordance with the provisions of the 2 ° of article l. 5241-4-5, or by the authority of a State member of the European Union, as long as the owner or operator does not have the certificate required by article l. 5123-1;
'(3) A ship whose owner or operator does not have the certificate required by Section 5123-1.';
(2) it is supplemented by a well written paragraph: 'the provisions of this article shall not apply when it is directed to the port authority a vessel requiring assistance in application of the provisions of article l. 5331-3.


Article 8 more on this article...

It is added to chapter I of title II of book IV of the fifth part of the same code, before the section 1, a well written article l. 5420-1: 'art. 5420-1.-the provisions of this chapter shall not apply to transport governed by 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. ' Article 9 learn more on this article...

I. — the provisions of article 1 are applicable in New Caledonia French subject to the provisions of article l. 1862-1 of the code of transport, in French Polynesia, Wallis-and-Futuna and Austral land subject to the provisions of article l. 1871-1 of the same code and French Antarctic.
II. — the provisions of I and II of article 2 are applicable in New Caledonia, Wallis and Futuna and inland southern and Antarctic French.
III. — the provisions of IV of section 2 shall apply in Wallis-and-Futuna and Austral land and French Antarctic.
IV. — the provisions of article 2 V are applicable in New Caledonia, in French Polynesia, subject to the provisions of article l. 5771-1 of the code of transport, Wallis-and-Futuna and inland southern and Antarctic French.
V. — the provisions of sections 3 to 6 are applicable in New Caledonia under the provisions of article l. 5762-1 of the code of transport, in French Polynesia under the provisions of article l. 5772-1 of the same code, Wallis-and-Futuna and Austral land and Antarctic French.


Article 10 more on this article...

Book VII of part v of the code has been changed: i. ― it is created an article l. 5721-2 thus: 'art. L. 5721-2. -For the application of the II of article l. 5123-2 in Mayotte, the words: "and the 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" are deleted. "II. ― it is created a well written 5751-2 article:

'Art. L. 5751-2. -For the application of the II of article l. 5123-2 to St. Pierre and Miquelon, the words: "and the 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" are deleted. "III. ― it is created an article l. 5762-2 thus: 'art. L. 5762-2. -For the application of articles l. 5222-2 and l. 5243-2-2 in New Caledonia, the words: "and the 3 ° of article l. 5336-5" and the words: "and the agents of the 3 ° of article l. 5336-5" are replaced by the words: "and the agents responsible for the finding of violations to the police of the maritime signalling". "IV. ― article l. 5771-1 is supplemented by the following subparagraph:"the provisions of article l. 5113-1 are applicable in French Polynesia. "V. ― it is created an article 5772-3 thus: 'art. L. 5772-3. -For the application of articles l. 5222-2 and l. 5243-2-2 in French Polynesia, the words: "and the 3 ° of article l. 5336-5" and the words: "and the agents of the 3 ° of article l. 5336-5" are replaced by the words: "and the agents responsible for the finding of violations to the police of the maritime signalling". "VI. ― it is created an article l. 5781-2 thus: 'art. L. 5781-2. -For the purposes of the II of article l. 5123-2 to Wallis and Futuna, the words: "and the 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" are deleted. "VII. ― it is created an article l. 5782-3 thus: 'art. L. 5782-3. -For the application of articles l. 5222-2 and l. 5243-2-2 in Wallis and Futuna, the words: "and the 3 ° of article l. 5336-5" and the words: "and the agents of the 3 ° of article l. 5336-5" are replaced by the words: "and the agents responsible for the finding of violations to the police of the maritime signalling". "VIII. ― it is created an article l. 5791-2 thus: 'art. L. 5791-2. -For the purposes of the II of article l. 5123-2 to southern lands and French Antarctic, the words: "and regulations (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" are deleted. "IX. ― it is created an article l. 5792-3 thus: 'art. L. 5792-3. -For the application of articles l. 5222-2 and l. 5243-2-2 in the Austral land and French Antarctic, the words: 'and the 3 ° of article l. 5336-5' and the words: "and the agents of the 3 ° of article l. 5336-5" are replaced by the words: "and the agents responsible for the finding of violations to the police of the maritime signalling". ' Article 11 more on this article...

The Prime Minister and the Minister of ecology, sustainable development, transport and housing are responsible, each which is concerned, the application of this order, which will be published in the Official Journal of the French Republic.


Dated June 9, 2011.
Nicolas Sarkozy by the President of the Republic: the Prime Minister François Fillon Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet