Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to the Constitution, including article 38;
Having regard to the 1976 amended International Convention on Limitation of Liability in Maritime Claims, made in London on 19 November 1976;
Considering the 1989 International Convention on Assistance, made in London on 28 April 1989;
In view of the 2001 International Convention on Civil Liability for Damage Due to Pollution from Buffer Hydrocarbons, held in London on 23 March 2001;
Considering the International Security Management Code, adopted in London on 5 December 2000;
Considering the International Maritime Code of Dangerous Goods, adopted in London on 24 May 2002;
Considering the recommended international standards code and practices applicable to a safety investigation into a sea accident or sea incident (Code for Accident Investigations), adopted in London on 16 May 2008;
Having regard to Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 2006 on the application of the International Security Management Code in the Community and repealing Council Regulation (EC) No. 3051/95;
Having regard to Regulation (EC) No. 391/2009 of the European Parliament and Council of 23 April 2009 establishing common rules and standards for bodies authorized to inspect and visit vessels;
Having regard to Regulation (EC) No 392/2009 of the European Parliament and Council of 23 April 2009 on liability of passenger carriers by sea in the event of an accident;
Having regard to Council Directive No. 97/70/EC of 11 December 1997 establishing a harmonized regime for the safety of fishing vessels of a length of 24 metres or more, as amended by Commission Directive 2000/35/EC of 25 April 2002, including its article 7;
Having regard to Directive 2009/15/EC of the European Parliament and 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;
Considering Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on the State control of the port;
Having regard to Directive No. 2009/17/EC of the Parliament and the Council of 23 April 2009 amending Directive 2002/59/EC on the establishment of a community-based system for monitoring ship traffic and information;
Having regard to 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;
Having regard to Directive 2009/20/EC of the European Parliament and the Council of 23 April 2009 on the insurance of ship owners for maritime claims;
Considering the environmental code;
Considering the transport code;
Vu le Criminal code ;
Vu la Act No. 2011-12 of 5 January 2011 bringing various provisions to adapt legislation to European Union law, including Article 16;
Considering the opinion of the Advisory Committee on Financial Legislation and Regulation of 9 March 2011;
Having regard to the advice of the Superior Council of the Merchant Navy of 17 March 2011;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon of 25 March 2011;
Considering the referral of Mayotte's General Council of 28 March 2011;
Considering the seizure of the French Polynesia Assembly of 28 March 2011;
Considering the seizure of the territorial assembly of the Wallis-et-Futuna Islands of 29 March 2011;
Considering the seizure of the New Caledonia Congress of 30 March 2011;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:
The provisions of Title II of Book VI of Part I of the Transport Code are thus amended:
I. ― At 3° of Article L. 1621-1, the words: "Code of the International Maritime Organization for Accident Investigations" are replaced by the words: "Code of International Standards and Recommended Practices Applicable to a Safety Investigation into a Sea Accident or a Sea Incident (Code for Accident Investigations), adopted in London on May 16, 2008".
II. ― At the 4th of Article L. 1621-1, the words "may give rise to a technical investigation" are replaced by the words: "may give rise to a technical investigation, conducted in accordance with the code mentioned in the 3rd."
III. ― The following sentence is added, at the end of the first paragraph of Article L. 1621-14: "Inquiries may arrange these meetings in the absence of any person who may be of interest in obstructing the security investigation. Testimonials, information and documents collected may not be used by technical investigators for purposes other than the technical investigation itself, unless a higher public interest justifies their disclosure. »
Book I of the fifth part of the same code is amended as follows:
I. ― In article L. 5113-1, the words "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 the number: "2000".
III. ― The title II title title title is thus written: « Title II. ― Liability plans and insurance obligations".
IV. ― After chapter II of title II, a chapter III is added to this section:
“Chapter III
" Insurance obligations
“Section 1
"General insurance obligations
"Art. L. 5123-1.-The registered owner of a ship or any other person, such as the naked charterer, who is responsible for the operation of the ship, shall be insured or other financial guarantee, with or without a deductible, when the ship is flying French flag or enters a French port and its gross gauge is equal to or greater than 300.
"Insurance or guarantee covers maritime claims subject to limitation under the 1976 amended Convention on Limitation of Liability in respect of Maritime Claims, made in London on 19 November 1976. The amount of insurance, for each vessel and event, is not less than the maximum amount applicable to limitation of liability in accordance with this agreement.
"A certificate certifying that the guarantee is valid must be on board the vessel.
"The information to be included in the certificate is set by regulation.
"This article does not apply to vessels owned or operated by a State and used for a non-commercial state service.
“Section 2
"Insurance obligations covering specific risks
"Art. L. 5123-2.-I. ― The registered owner of a vessel, within the meaning of paragraph 4 of Article 1 of the 2001 International Convention on Civil Liability for Damage Due to Pollution from Buffered Hydrocarbons, made in London on March 23, 2001, subscribes an insurance or other financial guarantee that meets the requirements of this Convention when the vessel is operated under French flag, or touches or leaves a French port or a facility located in the French territorial sea. A certificate certifying that the guarantee is valid must be on board the vessel.
“II. ― The carrier who actually ensures all or part of a passenger transport, within the meaning of paragraph 1(c) of Article 1 of the Athens Convention relating to the carriage by sea of passengers and their baggage, as amended by its protocol made in London on November 1, 2002, subscribes an insurance or other financial guarantee satisfying the requirements of this Agreement and Regulation (EC) No 392/2009 of the European Parliament and the Council of April 23, 2009 relating to A certificate certifying that the guarantee is valid must be on board the vessel. These obligations are required from the date of entry into force of the agreement and no later than 31 December 2012 if the agreement has not entered into force on that date.
"Art. L. 5123-3.-I. ― The issuance of the certificates of insurance of the vessels referred to in Article L. 5123-2 may be delegated to bodies approved by the administrative authority, where, under the relevant international instruments or European texts, such certificates may be the subject of a delegation. These certificates are then issued on behalf of and under State responsibility. Their deliverance may result in the perception of compensation by the delegate.
"The powers and conditions of accreditation of these bodies are specified by decree in the Council of State.
“II. ― An administrative fine of up to €100,000 may be imposed by the competent administrative authority against a body authorized to issue the insurance certificates under this section, if it does not perform the control mission that is delegated to it under the normal conditions required for the proper execution of this service.
"In the event of a serious or repeated breach in the execution of the service that is delegated to it, or in the event of non-payment of the administrative fine imposed under the preceding paragraph, the delegation may be suspended or repealed by the competent administrative authority, under the conditions set by decree in the Council of State.
"Art. L. 5123-4.-The provisions relating to the liability of shipowners for damage caused by oil pollution are set out in subsection 1 of Chapter VIII, Part I, section 1, of Book II, of the Environmental Code.
“Section 3
"Sanctions of insurance obligations
"Art. L. 5123-5.-Where a vessel does not have an insurance certificate in accordance with section L. 5123-1, the competent administrative authority may, without prejudice to the capital or departure measures of the vessel that may be made necessary for security reasons, make a decision to expel the vessel.
"The terms and conditions for the application of this section are set by regulation.
"Art. L. 5123-6.-I. ― Is punished by 45,000 € fine:
« 1° The failure of the persons referred to in Article L. 5123-1 to comply with the obligations set out in the same article;
« 2° The fact for the registered owner of a ship, within the meaning of paragraph 4 of Article 1 of the 2001 International Convention on Civil Liability for Damage Due to Pollution from Buffered Petroleum, made in London on 23 March 2001, not to comply with the obligations set out in Article L. 5123-2;
« 3° The fact for the carrier who actually ensures all or part of the transport, within the meaning of paragraph 1 (c) of Article 1 of the Athens Convention of 1974 relating to the carriage by sea of passengers and their baggage, as amended by its protocol made in London on 1 November 2002, not to comply with the obligations set out in Part II of Article L. 5123-2.
“II. ― Is punished with one year imprisonment and 75,000 € fine:
« 1° Obstructing the performance of the duties of the officers referred to in Article L. 5123-7;
« 2° Failure to comply with an injunction pursuant to section L. 5123-5 or to obstruct a forced enforcement action to leave the vessel.
“Section 4
“Finding Offences
"Art. L. 5123-7.-I. ― In addition to judicial officers and police officers, are entitled to investigate and note the offences provided for in Article L. 5123-6:
« 1° The directors of ocean affairs;
« 2° Inspectors of Maritime Affairs;
« 3° Officers of the Technical and Administrative Corps of Maritime Affairs;
« 4° State officials authorized by the Minister responsible for the sea as inspectors of vessel safety and the prevention of maritime occupational hazards;
« 5° The expert technicians of the Marine Navigation Safety Service;
« 6° Maritime affairs controllers;
« 7° Unions of seafarers;
« 8° Customs agents.
“II. ― Have access to any vessel to verify the presence of the certificates provided for in sections L. 5123-1 and L. 5123-2 of the agents referred to in I.
"Art. L. 5123-8.-The fact-finding minutes shall be transmitted within five days of the fact-finding to the Public Prosecutor by the verbalizing officer who shall, at the same time, transmit copies to the relevant services. These minutes are held to the contrary.
"Art. L. 5123-9.-The offences under this chapter shall be tried either by the competent court of the place of the offence or by the competent court in whose jurisdiction the vessel is registered.
"In the absence of another court, the Paris High Court 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, the provisions of this chapter shall apply to assistance transactions whenever a judicial or arbitral action is brought before a French court or tribunal.
"The provisions of this chapter shall be of a supplementary nature, except those contained in articles L. 5132-2 and L. 5132-6 and those intended to prevent or limit damage to the environment.
"They are likely to apply, in all waters, ships, ships and goods, provided that assistance operations meet at least one of the following two conditions:
« 1° Operations take place, in whole or in part, in marine waters;
« 2° A ship is concerned either as an assist or as an assistant.
"For the purposes of the provisions of this chapter, any floating equipment is assimilated, as the case may be, either to ships or to ships.
“II. ― The provisions of this chapter shall apply to vessels and vessels of the State or to those assigned to a public service. The III of this article and the II of Article L. 5132-7 are not applicable to ships and ships of the State.
"III. ― The provisions of this chapter apply even if the assisted vessel or vessel and the assistant vessel or vessel belong to the same owner.
"IV. ― The provisions of this chapter do not apply when a cultural marine property of prehistoric, archaeological or historical interest is at the bottom of the sea.
"V. ― In the provisions of sections 2 to 4 below, the term "ship" means the vessel or vessel or, in accordance with the last paragraph of I, any floating equipment that is assimilated to them.
"Art. L. 5132-2.-The master may enter into assistance contracts on behalf of the owner of the vessel. The master or owner of the vessel may enter into such contracts on behalf of the owner of the property on board the vessel.
“Section 2
"Remuneration of assistance
"Art. L. 5132-3.-I. ― Assistance operations that have had a useful result are entitled to compensation for the benefit of the person(s) who provided assistance. Subject to section L. 5132-5, no payment is due under this chapter if the assistance operations have not been successful.
“II. ― Services rendered despite the express and reasonable defence of the owner or master of the ship or owner of any other property in danger that is not or has not been on board the vessel shall not be entitled to compensation.
"III. ― No compensation is payable for services rendered under contracts concluded before the danger occurs, unless the services rendered exceed what may reasonably be considered to be the normal performance of the contract.
"Art. L. 5132-4.-I. ― Compensation 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 ship and other saved goods;
« 2° The ability and efforts of assistants to prevent or limit damage to the environment;
« 3° The extent of success achieved by the assistant;
« 4° The nature and importance of danger;
« 5° The ability and efforts of the assistants to save the ship, other goods and human lives;
« 6° Past time, expenses and losses incurred by assistants;
« 7° The risk of liability and other risks incurred by assistants or their equipment;
« 8° The promptness of the services rendered;
« 9° The availability and use of vessels or other equipment for assistance operations;
« 10° The state of preparation and the effectiveness and value of the assistant's hardware.
“II. ― Payment of compensation set in accordance with I shall be made by all interested parties in proportion to the respective value of the vessel and other saved assets.
"III. ― Compensation, excluding any recoverable legal interests and fees that may be due in this regard, does not exceed the value of the ship and other saved assets.
"Art. L. 5132-5.-I. ― The assistant who carried out assistance operations to a vessel that, by himself or as a result of his cargo, threatened to cause damage to the environment and could not obtain compensation under section L. 5132-3 at least equal to the special allowance calculated in accordance with this section shall be entitled from the owner of the vessel to that allowance.
“II. If, under the circumstances referred to in I, the Assistant has notified or limited damage to the environment through its assistance operations, the special allowance payable by the owner of the vessel to the Assistant under I may be increased to a maximum of 30% of the expenses incurred by the Assistant. However, if the court deems it fair and fair, given the relevant criteria set out in I of section L. 5132-4, it may still increase this special allowance, without the total increase being more than 100% of the expenses incurred by the assistant.
"III. ― The expenses of the Assistant taken into account for the purposes of this section include the disbursements reasonably incurred by the Assistant in the assistance operations, as well as a fair amount for the equipment and personnel actually and reasonably used in the assistance operations, taking into account the criteria set out in 8°, 9° and 10° I of Article L. 5132-4.
"IV. ― The total special allowance is paid only in the case and to the extent that it exceeds the remuneration that may be obtained by the Assistant under section L. 5132-3.
"V. ― If the assistant has been neglected and has been unable, as a result, to prevent or limit damage to the environment, he or she may be deprived of all or part of the special allowance payable under this section.
"VI. ― The provisions of this article shall not deprive the owner of the ship of his right of appeal.
"Art. L. 5132-6.-A contract or some of its clauses may be cancelled or amended if:
« 1° The contract was concluded under abusive pressure or under the influence of danger and its clauses are not fair; or
« 2° If the payment agreed under the contract is far too high or too low for the services actually rendered.
"Art. L. 5132-7.-I. ― The distribution of compensation assistants is based on the criteria referred to in Article L. 5132-4.
“II. ― The distribution between the owner, the master and other persons serving each assistant ship is determined by the flag legislation of the assistant ship. If the assistance has not been carried out from a ship, the distribution shall operate according to the legislation governing the contract between the assistant and his attendants.
"Art. L. 5132-8.-There is no compensation for the saved.
"However, the human life savior who participated in the services rendered on the occasion of the accident that gave rise to the assistance operations is entitled to a fair share of the payment to the assistant for saving the ship or other goods or for having warned or limited damage to the environment.
"Art. L. 5132-9.-I. ― Any action in payment brought under this chapter is prescribed if a judicial or arbitral proceeding has not been initiated within two years. The short limitation period of the day the assistance operations were completed.
“II. - The person against whom a claim has been filed may at any time, during the limitation period, extend the claim by a declaration addressed to the creditor. The deadline may be extended again.
“Section 3
"Terms of execution of assistance operations
"Art. L. 5132-10.-The assistant is obliged to:
« 1° Carry out assistance operations with due care;
« 2° When fulfilling the obligation referred to in the preceding paragraph, act with due care to prevent or limit damage to the environment;
« 3° Each time the circumstances reasonably require, to seek assistance from other assistants;
« 4° To accept the intervention of other assistants when reasonably requested to do so by the master or owner of the vessel or other assets in danger; the amount of his remuneration is not affected if it turns out that this application was not reasonable.
"Art. L. 5132-11.-The master, the owner of the vessel and the owner of the other dangerous goods are required to:
« 1° To cooperate fully with the assistant during assistance operations;
« 2° In doing so, act with the necessary care to prevent or limit damage to the environment;
« 3° When the vessel or other property has been safely taken to accept the return of the vessel when the assistant reasonably requests it.
“Section 4
" Responsibility of the Assistant
"Art. L. 5132-12.-I. ― The responsibility of the assistant, committed on account of tangible or material damages that are in direct contact with assistance or rescue operations, within the meaning of the 1976 Agreement on Limitation of Liability in respect of Maritime Claims made in London on November 19, 1976, as amended, as well as for any other damage resulting from such 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 the liability of the shipowner referred to in chapter I of title II of this book.
"Art. L. 5132-13.-I. ― The assistant's attendants have the right to avail themselves of the limitation of liability under the same conditions as the assistant himself.
“II. ― The limits of liability of the assistant acting from a ship other than that to which he or she provides assistance are calculated according to the rules for the shipowner in section L. 5121-5.
"III. ― The limits of liability of the assistant acting not from a ship or acting solely on board the ship to which he provides assistance services are calculated on the same basis and on the basis of a 2000 gauge. »
Section L. 5222-2 of the same code is amended as follows:
I. ― In the first paragraph, the words: "Departmental Director of the Territories and the Sea in the electoral district of which they are located" are replaced by the words: "Interregional Director of the Sea in the electoral district of which they are located," and the words: "and, in the event of an incapacitation, the first departmental director of the territories and the sea with whom they can contact" are deleted.
II. ― In the second paragraph, the words "agents referred to in 2° to 7° of Article L. 5222-1" are replaced by the words "agents mentioned in 1° to 7° of Article L. 5222-1 and at 3° of Article L. 5336-5" and the words "transmitted to the departmental director of the territories and the sea of which they belong" are replaced by the words "also passed to the sea"
Chapter I of Book II title IV of Part 5 of the Code is thus amended:
I. ― Section 2 is replaced by the following:
“Section 2
“ Maintenance and operation of ships
"Art. L. 5241-2.-The general maintenance and operation rules for the safety and security of ships, the habitability of vessels and the prevention of marine occupational hazards and the prevention of pollution by ships are set by regulation.
"The owner or operator of the vessel shall maintain the vessel and its equipment in accordance with these general rules. »
II. ― In the first paragraph of Article L. 5241-4, the words: "or by registered classification societies" are replaced by the words: "or by qualified classification societies under conditions fixed by decree in the Council of State".
III. ― It is added after the article L. 5241-4 an article L. 5241-4-1 as follows:
"Art. L. 5241-4-1.-I. ― An administrative fine of up to € 100,000 may be imposed by the administrative authority against qualified classification societies that ignore their professional control obligations defined by regulation. In case of a reiteration of a breach within two years, the ceiling of the fine is doubled.
“II. ― However, where the breaches have already resulted in the award of a fine by the European Commission pursuant to Article 6 of Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 establishing common rules and standards for bodies authorized to inspect and visit vessels, the cumulative amount of the two fines cannot exceed the percentage of the turnover referred to in paragraph 3 of the same section.
"III. ― In the event of a serious or repeated breach in the performance of the service, or in the case of non-payment of an administrative fine imposed under the provisions of I, the administrative authority may suspend or withdraw the authorization in accordance with the terms defined by decree in the Council of State. »
IV. ― After section 3, it is inserted a 3 bis section and a 3 ter section as follows:
“Section 3 bis
“Other titles and certificates
"Art. L. 5241-4-2.-The other titles or certificates required by international conventions, including the cargo certificates referred to in Article L. 5241-10-1, may be issued by accredited bodies under conditions established by decree in the Council of State.
"The provisions of Article L. 5241-4-1 apply to these bodies.
“Section 3 ter
« State control of the port
"Art. L. 5241-4-3.- Ships flying flag of a foreign state that are porting in a French port or anchorage are subject to inspection under the conditions specified by decree in the Council of State.
"Art. L. 5241-4-4.-The costs of inspections under section L. 5241-4-3 are borne by the owner or operator of the vessel. »
V. ― The title of chapter I, section 4, of Book II, Book II, Part 5, of the Transportation Code becomes "Refusal of access to port and capital measures".
VI. ―It is added to section 4, before section L. 5241-5, an article L. 5241-4-5 as follows:
"Art. L. 5241-4-5.- Subject to the provisions of Article L. 5331-3, the administrative authority shall refuse access to the ports:
« 1° A ship with a high risk for maritime security, maritime safety or the environment, in cases set by decree in the Council of State;
« 2° A vessel that has been the subject of an expulsion decision pursuant to Article L. 5123-5 or a similar decision taken by the competent authority of another Member State of the European Union, as long as the owner or operator of the vessel does not justify having the certificate required by Article L. 5123-1. »
VII. ― Section L. 5241-5 is supplemented by three paragraphs as follows:
"The administrative authority may also prohibit or adjourn the departure of any vessel that has not complied with, prior to its arrival at the port or anchorage, the obligation to report to the marine or port authorities information relating to the marine security of which the content is fixed by regulatory means, or that is not equipped with a device to ensure the safety of access on board for an inspection.
"The costs associated with the inspection of a locked-in vessel or whose departure has been adjourned are borne by the owner or operator of the vessel.
"A decree in the Council of State sets out the conditions and modalities of this prohibition or the adjournment of departure. »
VIII. ― The first paragraph of section L. 5241-6 is replaced by the following:
"The operation of a vessel or any related operation with a clear risk for the safety or health of passengers or crew, for other vessels, or for the environment may be limited or prohibited by the administrative authority, after carrying out a compliance study or a visit.
"It can in the same conditions be stopped urgently, in case of manifest and imminent risk. »
IX. ― The title of Section 5 becomes "Sights and Inspections of Ships".
In sections L. 5241-7 and L. 5241-8, after the word: "visits" are added the words "and inspections".
X. ― After section 6, it is added a 6 bis section as follows:
“Section 6 bis
« Cargaisons
"Art. L. 5241-10-1.- Dangerous goods, harmful substances and other cargos may not be proposed for the carriage on board of a ship by the shipper or accepted on board by the carrier, if the safety or pollution prevention rules relating to these prescribed cargo are not complied with.
"Art. L. 5241-10-2.- Cargo certificates may be suspended or withdrawn for reasons related to transportation safety or pollution prevention. »
XI. ― Section L. 5241-11 is replaced by the following:
"Art. L. 5241-11.-Est punishable by 75,000 € to fine the fact, for any owner or operator, that a vessel subject to the international convention be sailed on the line of charges, made in London on 5 April 1966, which does not have a freeboard mark or whose appropriate charging lines marked on the edge, are immersed during the voyage or on arrival.
"The master who committed one of the offences referred to in the first paragraph shall be liable to the same penalty as the owner or operator. However, the maximum of the fine is 15,000 € if it has received an order from the owner or operator.
"The same penalty is applicable to those responsible for loading, unloading, classification, packaging, marking, labelling, reporting and handling operations that violate the rules referred to in Article L. 5241-10-1. »
XII. ― It is added after section L. 5241-11 to an article L. 5241-11-1 as follows:
"Art. L. 5241-11-1.-Is punishable by one year's imprisonment and 75,000 € by fine for any constructor, master, owner or operator of a vessel, to install without permission sleeping positions at the front of the vessel beyond the collision bulkhead or below the charge line. »
XIII. ― In the first paragraph of Article L. 5241-12, the sum: "15 000 €" is replaced by the sum: "75 000 €", and the word "owner" is replaced by the word "operator".
In the second paragraph of the same article, the sum: "€3,750" is replaced by the sum: "€1,500" and the word "owner" is replaced by the word "operator".
XIV. ― In the first paragraph of Article L. 5241-13, the words: "one year's imprisonment and 15,000 €" are replaced by the words: "two years' imprisonment and 150,000 €" and the word: "owner" is replaced by the word "operator".
XV. ― Section L. 5241-14 is replaced by the following:
"Art. L. 5241-14.-Is punishable by one year in prison and 75,000 € in fines for anyone who opposes the exercise of the supervisory duties of the officials and agents of the State referred to in Article L. 5243-5 and the staff of the qualified classification societies and the authorized bodies referred to in Articles L. 5241-4 and L. 5241-4-2. »
XVI. ― The first paragraph of section L. 5241-15 is replaced by the following:
"It is punishable by one year in prison and 150,000 € in fines to sell or propose for sale, install or install safety or pollution prevention equipment or other marine equipment required by the regulations that have not obtained the approval, the European mark of conformity or the authorization of use required. »
Chapter II of Book II, Part IV, Part 5, of the Code is amended to read:
I. ― Section L. 5242-3 is amended to read:
1° In the first paragraph of the I, the words "three months of imprisonment" are replaced by the words "six months of imprisonment" and the sum: "3 750 €" is replaced by the sum: "7 500 €";
2° It is added to I a 3° and a 4° as follows:
« 3° A visual and auditory watch to ensure continuously with all available means and adapted to existing circumstances and conditions, so as to allow full appreciation of the risk of collision;
« 4° Continuous maintenance of a security speed to take appropriate and effective measures to avoid collision and to stop at a distance appropriate to existing circumstances and conditions. »
II. ― Section L. 5242-4 is amended to read:
1° In I, the words "three months" are replaced by the words "six months", the sum: "3 750 €" is replaced by the sum: "15,000 €", and it is added a 4° so written:
« 4° Injuries that have not resulted in total incapacity for work or a duration of less than or equal to three months for one or more persons. » ;
2° In II, the sum: "3 750 €" is replaced by the sum: "30,000 €" and the 3° is replaced by the following:
« 3° Injuries that have resulted in a total incapacity for work of more than three months for one or more persons. » ;
3° The III is replaced by the following:
"III. – The penalties for I and II are increased to three years in prison and 75,000 € in fine if the offence resulted in death for one or more persons. » ;
4° IV becomes V;
5° A new IV is added:
"IV. - The penalties provided for in I, II and III shall be doubled if the offence is committed by a person exercising command in an irregular manner within the meaning of section L. 5523-2. »
III. ― It is added after article L. 5242-6 to an article L. 5242-6-1 as follows:
"Art. L. 5242-6-1. - It is punishable by two years' imprisonment and 30,000 €'s fine to use or send international distress signals outside of any danger situation. »
IV. – In sections L. 5242-9, L. 5242-10 and L. 5242-11, the sum: "15 000 €" is replaced by the sum: "75 000 €".
V. ― After section 4, a section 5 is added:
“Section 5
" Damage to marine signalling facilities
or aid in navigation
"Art. L. 5242-21. - Without prejudice to the criminal penalties incurred, any damage caused to a navigational signalling or aid facility located outside the administrative limits of a port and up to the limit of the waters under French jurisdiction constitutes a fine of large road traffic, punishable by a fine of 3,750 €.
"Art. L. 5242-22. - The failure to declare the destruction, displacement or degradation of a marine signalling or navigation aid facility located outside the administrative limits of a port and to the limit of the waters under French jurisdiction is punishable by six months' imprisonment and 7 500 €' fine.
"Art. L. 5242-23. - Without prejudice to the obligation to repair the damage caused, the fact of destroying, moving, slaughtering or degrading a marine signalling or aid to navigation located outside the administrative limits of a port and up to the limit of the waters under French jurisdiction, or of impairing the proper functioning of such a facility, is punishable by three years imprisonment and 45,000 € fine.
"Art. L. 5242-24. - The fact-finding minutes shall be transmitted within five days of the fact-finding to the Public Prosecutor by the verbalizing officer who shall, at the same time, send a copy to the Interregional Director of the Sea at the place of the offence. These minutes are believed to the contrary. »
Chapter III of Book II title IV of Part 5 of the Code is amended as follows:
I. ∙ Articles L. 5243-2-1, L. 5243-2-2, L. 5243-2, L. 5243-2-3 and L. 5243-2-4 are added as follows:
"Art. L. 5243-2-1.- Ship Safety and Preventive Marine Occupational Risk Inspectors authorized by the Minister for the Sea may seek and determine the offences punishable under the provisions of this heading or the regulatory arrangements for their application in their area of competence.
"Art. L. 5243-2-2.-The commanders of the state buildings, the controllers of maritime affairs, the trustees of the seafarers and the agents mentioned in the 3rd of Article L. 5336-5 are empowered to search and observe the offences provided for in articles L. 5242-21 to L. 5242-23 or by the regulatory provisions made for their application, under the conditions laid down in article L. 5222-2.
"Art. L. 5243-2-3.-The inspectors and labour controllers are empowered to investigate and detect offences punishable under the provisions of this title that fall within their specific jurisdiction.
"Art. L. 5243-2-4.-The commanders of the state buildings are empowered to investigate and observe the offences provided for in articles L. 5241-12 and L. 5241-13. »
II. ― In the last paragraph of section L. 5243-4, the words: "with regard to conditions of habitability and safety" are replaced by the words: "with regard to conditions of safety, habitability, hygiene, health and safety at work".
III. ― Section L. 5243-5 is amended as follows:
1° In the first paragraph, the words “articles L. 5243-1 to L. 5243-4” are replaced by the words “L. 5243-1, L. 5243-2, L. 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 the five days" are replaced by the words: "in the shortest possible time" and the words: "Departmental Director of the Territories and the Sea" are replaced by the words: "Interregional Director of the Sea in the place of the offence".
Title III of Book III of Part 5 of the Code is amended as follows:
I. ― The second paragraph of Article L. 5331-3 is replaced by the following provisions:
"The administrative authority shall enjoin if it is necessary for the port authority to accommodate a ship in need of assistance. It may also, if applicable, authorize or order its movement in the port. »
II. ― Section L. 5334-4 is amended to read:
1° The first paragraph is replaced by the following:
"Access to the port is prohibited:
« 1° A ship that, at risk for maritime security, maritime security or the environment, has been the subject of a decision to refuse access by the administrative authority pursuant to the provisions of 1° of Article L. 5241-4-5 or by a competent authority of a Member State of the European Union or a State acting in execution of a memorandum of understanding on the control of ships by the State of the port to which the State of the port
« 2° A ship that has been the subject of a decision to refuse access by the administrative authority pursuant to the provisions of 2° of Article L. 5241-4-5 or by the competent authority of a Member State of the European Union, as long as the owner or operator does not justify having the certificate required by Article L. 5123-1;
« 3° A ship whose owner or operator does not justify having the certificate required by section L. 5123-1. » ;
2° It is supplemented by a sub-item:
"The provisions of this Article shall not apply where it is directed to the port authority to accommodate a ship in need of assistance pursuant to the provisions of Article L. 5331-3".
It is added to chapter I of Book IV, title II, of the fifth part of the same code, before section 1, an article L. 5420-1 as follows:
"Art. L. 5420-1.-The provisions of this chapter do not apply to carriage governed by Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 relating to the liability of passenger carriers by sea in the event of an accident. »
I. ― The provisions of Article 1 shall apply in New Caledonia subject to the provisions of Article L. 1862-1 of the Transport Code, in French Polynesia subject to the provisions of Article L. 1871-1 of the same Code, in Wallis-et-Futuna and in the French Southern and Antarctic Lands.
II. – The provisions of Article 2 I and II are applicable in New Caledonia, Wallis-et-Futuna and in the French Southern and Antarctic Lands.
III. – The provisions of Article 2 IV are applicable to Wallis-et-Futuna and in the French Southern and Antarctic Lands.
IV. ― The provisions of Article 2 V are applicable in New Caledonia, French Polynesia subject to the provisions of Article L. 5771-1 of the Transport Code, Wallis-et-Futuna and in French Southern and Antarctic Lands.
V. ― The provisions of Articles 3 to 6 are applicable in New Caledonia subject to the provisions of Article L. 5762-1 of the Code of Transport, in French Polynesia subject to the provisions of Article L. 5772-1 of the same Code, in Wallis-et-Futuna and in the French Southern and Antarctic Lands.
Book VII of the fifth part of the same code is amended as follows:
I. ― An article L. 5721-2 is drafted as follows:
"Art. L. 5721-2. - For the purposes of Article L. 5123-2 II to Mayotte, the words: "and Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 concerning the liability of passenger carriers by sea in the event of an accident" are deleted. »
II. ∙ An article L. 5751-2 is created as follows:
"Art. L. 5751-2. - For the application of the II of Article L. 5123-2 in Saint-Pierre-et-Miquelon, the words: "and Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 concerning the liability of passenger carriers by sea in the event of an accident" are deleted. »
III. ―It is created an article L. 5762-2 as follows:
"Art. L. 5762-2. - For the purposes of articles L. 5222-2 and L. 5243-2-2 in New Caledonia, the words: "and at the 3rd of Article L. 5336-5" and the words: "and the agents of the 3rd of Article L. 5336-5" are replaced by the words: "and the agents responsible for the finding of offences to the police of the maritime signage". »
IV. ― Section L. 5771-1 is supplemented by the following paragraph:
"The provisions of Article L. 5113-1 are applicable in French Polynesia. »
V. ― An article L. 5772-3 is drafted as follows:
"Art. L. 5772-3. - For the purposes of articles L. 5222-2 and L. 5243-2-2 in French Polynesia, the words: "and at the 3rd of Article L. 5336-5" and the words: "and the agents of the 3rd of Article L. 5336-5" are replaced by the words: "and the agents responsible for the finding of offences to the police of maritime signs". »
VI. ∙ An article L. 5781-2 is created as follows:
"Art. L. 5781-2. - For the application of the II of Article L. 5123-2 in Wallis-et-Futuna, the words: "and Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 concerning the liability of passenger carriers by sea in the event of an accident" are deleted. »
VII. ―It is created an article L. 5782-3 as follows:
"Art. L. 5782-3. - For the purposes of articles L. 5222-2 and L. 5243-2-2 in Wallis-et-Futuna, the words: "and at the 3rd of Article L. 5336-5" and the words: "and the agents of the 3rd of Article L. 5336-5" are replaced by the words: "and the agents responsible for the finding of offences to the police of the maritime signalling". »
VIII. ∙ An article L. 5791-2 is created as follows:
"Art. L. 5791-2. - For the application of the II of Article L. 5123-2 to the French Southern and Antarctic Lands, the words: "and Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 concerning the liability of passenger carriers by sea in the event of an accident" are deleted. »
IX. ∙ An article L. 5792-3 is created as follows:
"Art. L. 5792-3. - For the purposes of articles L. 5222-2 and L. 5243-2-2 to the French Southern and Antarctic Lands, the words: "and at the 3rd of Article L. 5336-5" and the words: "and the agents of the 3rd of Article L. 5336-5" are replaced by the words: "and the agents responsible for the observation of offences to the police of maritime signage". »
The Prime Minister and the Minister of Ecology, Sustainable Development, Transport and Housing are responsible for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 9 June 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
