Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
I. - Book IV of Part 5 of the Transport Code is supplemented by a title IV entitled "Private Ship Protection Activities".
II. - At the beginning of the same title IV, a chapter I is inserted as follows:
“Chapter I
“General provisions
"Art. L. 5441-1. - Is subject to this title, provided that it is not exercised by agents of the State or agents acting on behalf of the State, the activity that consists, at the request and on behalf of a shipowner, to protect, against the external threats, ships flying the French flag.
"This activity can only be carried out on board the ship it has to protect. Its purpose is to ensure the safety of persons on board the ship, crew and passengers. It also provides for the protection of goods transported.
"The legal persons carrying out this activity are referred to as private ship protection companies. Physical persons engaged in this activity, employed by these companies, are called agents. The operating conditions of this activity are set out in Book VI title I of the Internal Security Code. »
I.-The article L. 611-1 of the Internal Security Code is supplemented by a 4° as follows:
« 4° At the request and on behalf of a shipowner, to protect, against external threats, French flag vessels, pursuant to Article L. 5441-1 of the Transport Code. »
II.-The first paragraph of Article L. 612-1 of the same code is as follows:
"Only the activities listed in the 1st to 3rd of Article L. 611-1, for themselves or for others, may be allowed to practise, on a professional basis, the activity referred to in the 4th of Article L. 611-1, for others only."
Title I of Book VI of the same code is thus modified:
1° The title reads as follows: "Private surveillance and guarding activities, the transportation of funds, the physical protection of persons and the protection of ships";
2° Article L. 616-1 becomes Article L. 611-2;
3° Chapter VI is titled: "Steam protection activities".
Section 1609 quintricies of the General Tax Code is amended as follows:
1° After 2° of II, it is inserted a 3° as follows:
« 3° Legal persons, irrespective of their nationality, to whom the exercise authorization provided for in Article L. 612-9 of the said code was issued, to carry out the activity referred to in Article L. 611-1 of the same code. » ;
2° In the first paragraph of the III, the reference: "at 1°" is replaced by the references: "at 1° and 3°".
Article L. 612-9 of the Internal Security Code is supplemented by a paragraph as follows:
"For the exercise of the activity referred to in 4th of the same article L. 611-1, this authorization is, in addition, subject to certification, as defined in Article L. 616-1. »
In chapter VI of title I of book VI of the same code, a section 1 entitled "Certification" is inserted, which includes article L. 616-1 re-established as follows:
"Art. L. 616-1.-In order to obtain the exercise authorization referred to in Article L. 612-9, private ship protection companies justify to the National Council private security activities to obtain a certification whose list of requirements is fixed by decree in the Council of State. The applicable standards and references as well as the modalities for the designation of certifying bodies are specified by decree.
"If the company has not yet exercised the activity defined in the 4th of Article L. 611-1, the National Council for Private Security Activities may issue a provisional exercise authorization for a maximum period of six months, after verifying the company's commitment to a certification process. The terms and conditions for issuing the provisional exercise authorization are defined by decree in the Council of State. »
Article L. 612-14 of the same code is as follows:
"Art. L. 612-14.-The exercise authorization does not confer any prerogative of public power on the company or persons benefiting from it. »
Article L. 612-2 of the same code is supplemented by a paragraph as follows:
"The exercise of the activity referred to in 4th of the same article L. 611-1 is exclusive of any other activity, with the exception of maritime safety advice and training. »
Title I of Book VI of the Internal Security Code is thus amended:
1° Chapter VI, as the result of section 3 of this Act, is inserted a section 2 entitled "Professional Card" and includes an article L. 616-2, as follows:
"Art. L. 616-2. - To exercise the activity of a ship protection officer, the first application for a professional card will result in the issuance of a provisional card, valid for one year. After this period, depending on the level of demonstrated activity and the professional behaviour of its holder, taking into account the information provided by employers, the card is either issued in full right, for the remainder of the period fixed by decree in the Council of State, or denied to the agent.
"Unfortunately, the first application is accompanied by a letter of intent to hire written by a company that holds the exercise authorization referred to in section L. 612-9. » ;
2° Before the last paragraph of Article L. 612-20, a paragraph shall be inserted as follows:
"For the exercise of the activity referred to in 4th of Article L. 611-1 of this Code, the condition provided for in 4th of this Article shall not apply. The issuance of the professional card also meets the requirements of section L. 616-2. » ;
3° In the first paragraph of Article L. 612-23, the reference: "to Article L. 611-1" is replaced by the references: "to 1° to 3° of Article L. 611-1";
4° At the beginning of the b of the 6th of articles L. 645-1 and L. 647-1 and the b of the 7th of article L. 646-1, the words: "In the penultimate" are replaced by the words: "In the ninth".
The first paragraph of Article L. 612-10 of the same code is amended as follows:
1° In the first phase, after the word "made", the words are inserted: ", except for the activity mentioned in the 4th of the same article L. 611-1,";
2° In the second sentence, after the words: "and filed", the words are inserted: ", except for the activity mentioned in the 4th of Article L. 611-1,".
In the first paragraph of Article L. 612-11 of the same code, after the word: "submitted", the words ", except for the activity mentioned in the 4th of Article L. 611-1, shall be inserted".
Section 4 of Chapter VI of Title I of Book VI of the same Code, as it results from sections 27 and 29 of this Act, is supplemented by an article L. 616-6 as follows:
"Art. L. 616-6.-The application for authorization, approval or professional card shall be filed under conditions and in terms fixed by decree in the Council of State. »
I. - In Part IV of Book IV of Part 5 of the Transportation Code, as it is the result of Article 1, a Chapter II is inserted entitled: "Terms and Conditions for the Exercise of Private Ship Protection Activity" and which includes sections L. 5442-1 to L. 5442-12.
II. - At the beginning of the same chapter II, a section 1 is inserted as follows:
“Section 1
" Scope of action
"Art. L. 5442-1. - Without prejudice to the application of international agreements, the activity referred to in Article L. 5441-1 is carried out beyond the territorial sea of States, in areas set by order of the Prime Minister due to threats. A committee, including representatives of shipowners, the Minister of Defence, the Minister of Transport and the Minister of Foreign Affairs, may, on his own initiative, recommend to the Prime Minister that these areas be redefined in the light of the changing threats identified.
"This committee meets within fifteen days of the request of one of its members.
"A decree sets out the types of non-eligible vessels as well as the derogatory circumstances in which they may board protection officers. »
I.-In Chapter II of Book IV, Part 5, Part 5, of the Transport Code, as it is the result of section 13, is inserted a section 2 entitled "Occupational Number, Maintenance and Arming" which includes sections L. 5442-2 to L. 5442-6.
II.-In the beginning of section 2, an article L. 5442-2 is inserted as follows:
"Art. L. 5442-2.-The number of agents carrying the activity referred to in Article L. 5441-1 on board a protected vessel is determined, jointly and after a risk analysis, by the shipowner and private ship protection company, taking into account the passive defences equivalent to that vessel. This number cannot be less than three. »
In the same section 2, an article L. 5442-3 is inserted as follows:
"Art. L. 5442-3. - The officers carry, in the performance of their duties, an outfit that does not cause any confusion with the outfits of the police, the armed forces, the administration of the marine affairs or the French customs. They can be armed in the exercise of these functions and have ballistic protection equipment. »
In the same section 2, an article L. 5442-4 is inserted as follows:
"Art. L. 5442-4. - Agents may use force to ensure the protection of persons and property within the framework defined in the Title II of Book I of the Criminal Code. »
In the same section 2, an article L. 5442-5 is inserted as follows:
"Art. L. 5442-5. - Companies carrying on the activity referred to in Article L. 5441-1 are authorized, under conditions defined by a decree in the Council of State, to acquire, hold, transport and make available to their agents, for the purposes of their activities, weapons and ammunition.
"These companies cannot import into the national territory nor weapons or ammunition acquired in a non-EU State. They cannot resell in a non-member State of the European Union or weapons or ammunition acquired in the national territory. »
In the same section 2, an article L. 5442-6 is inserted as follows:
"Art. L. 5442-6. - The conditions under which weapons are shipped, stored and handed over to agents on board protected vessels, as well as authorized categories of weapons, are defined by decree in the Council of State.
"On board the protected vessel, only agents of private protection companies are allowed to handle the weapons and ammunition referred to in Article L. 5442-5. The number of authorized weapons is fixed by decree. »
I.-Chapter II of Book IV, Part IV, of the fifth part of the Transportation Code, as the result of Article 13, is supplemented by a section 3 entitled "Rights and obligations" and which includes sections L. 5442-7 to L. 5442-12.
II.-In the beginning of section 3, an article L. 5442-7 is inserted as follows:
"Art. L. 5442-7.-The shipowner, within the meaning of sections L. 5411-1 and L. 5411-2, using the services of a private ship protection company, requests the communication of the references to the company's exercise authorization, the professional card of each officer involved in the performance of the service, the insurance provided for in Article L. 612-5 of the Internal Security Code and the marks, This information is attached to the contract between the shipowner and the company, if any updated prior to boarding. This annex identifies, among other things, the officer invested in the position of chief of officers on board the vessel, who is capable of communicating with the master in the working language defined in section L. 5513-1 of this Code.
"The shipowner verifies the validity of professional cards seventy-two hours at the earliest before the officers are boarded and transmits this information to the captain.
"The shipowner informs the authorities of the State of the use of these services, under conditions defined by decree. »
In the same section 3, an article L. 5442-8 is inserted as follows:
"Art. L. 5442-8. - The master of the protected vessel shall have a copy of the schedule referred to in section L. 5442-7.
"It conducts the verification of the identity of the officers who board and the conformity of serial numbers of the weapons on board with those on the said annex.
"He informs the authorities of the state of the boarding and disembarking of agents, under conditions defined by decree. »
In the same section 3, an article L. 5442-9 is inserted as follows:
"Art. L. 5442-9. - Officers on board the vessel are placed under the authority of the master pursuant to section L. 5531-1.
"They cannot perform any performance without regard to the protection of persons or property or the direct consequences thereof. »
In the same section 3, an article L. 5442-10 is inserted as follows:
"Art. L. 5442-10. - Private ship protection companies maintain a register of their activity, in accordance with the terms defined by regulation. This register is transmitted, upon request, to the inspection officers referred to in Articles L. 611-2 and L. 634-3 of the Internal Security Code.
"The Chief of Officers present on board the vessel shall maintain a record of their activity, in accordance with prescribed terms and conditions. »
In the same section 3, an article L. 5442-11 is inserted as follows:
"Art. L. 5442-11. - The master of the protected vessel shall transmit in the ship's book any event involving agents of the private ship protection undertaking or related to their weapons and ammunition. In particular, it refers to boarding and disembarking, storing and disposing of weapons and ammunition and, where appropriate, the circumstances and consequences of their use.
"The master prepares a sea report for any incident on board involving a protection team officer. It transmits it to the National Council for private security activities. »
In the same section 3, an article L. 5442-12 is inserted as follows:
"Art. L. 5442-12. - In the event of an incident involving the use of force, the master of the protected vessel shall prepare a sea report, which shall be transmitted promptly to the representative of the State at the competent sea.
"The chief of officers present on board shall prepare a report to the master of the protected vessel, who shall attach it to the sea report referred to in the first paragraph. Its content is specified by decree.
"Any individual who has been on board after representing an external threat to the vessel, within the meaning of section L. 5441-1, shall be consigned under the conditions set out in section L. 5531-19. The captain shall promptly inform the French representation of the country of the next port of call of the ship. »
In chapter VI of title I of Book VI of the Internal Security Code, as the result of section 3 of this Act, is inserted a section 3 entitled "Specific Exercise Procedures" which includes an article L. 616-3 as follows:
"Art. L. 616-3.-The procedures for the exercise specific to ship protection activities are defined in chapter II of title IV of Book IV of Part 5 of the Transport Code. »
Section L. 611-2 of the Internal Security Code, as a result of section 3 of this Act, is amended as follows:
1° In the first paragraph, the words: "of administrative authority" are replaced by the words: "of the National Council of Private Security Activities and of the representative of the State in the department or, in Paris, of the police officer";
2° After the second preambular paragraph, a sub-item reads as follows:
"In the exercise of the control of companies carrying the activity referred to in 4th of Article L. 611-1 of this Code, they may also obtain the communication of the records provided for in Article L. 5442-10 of the Transportation Code. » ;
3° The last paragraph is as follows:
"A visit report is prepared, a copy of which is given immediately to the company's manager and is sent to the authorities mentioned in the first paragraph. »
In chapter VI of title I of Book VI of the Internal Security Code, as a result of section 3 of this Act, a section 4 is inserted as follows:
“Section 4
“Control on board ships
"Art. L. 616-4.-I.-In addition to the agents mentioned in Article L. 611-2, the administrators and officers of the technical and administrative body of the marine affairs, the commanders, second commanders or officers of the state buildings and the commanders of the state aircraft assigned to the marine supervision, the officials assigned to the services carrying out control missions in the field of marine affairs under the authority of the French flag or at the disposal of the Minister responsible for the sea
"II.-When access on board was found to be materially impossible or in-depth investigations that cannot be carried out must be carried out on board, the commanders of the state buildings may order the ship's discharge to an appropriate position or port.
"The checks are done at any time.
"III.-The officers referred to in I of this Article may verify the professional cards of the agents carrying on the activity referred to in 4th of Article L. 611-1 present on board and the identity documents of any other person. They may obtain communication of all on-board documents, including those relating to the activity mentioned in the same 4°.
"IV.-They may visit the bridges and premises of the various areas of the vessel, including weapons and ammunition storage sites.
"V.-When the premises are assigned for private or residential use and the vessel is at sea or for less than seventy-two hours in a port, in a raft or dock, the visits are carried out in the presence of the occupant of the premises or, if not, the master or his representative.
"VI.-When the visit of the premises mentioned in the V intervenes while the vessel is in a port, in a raft or in a dock for at least seventy-two hours, it may not be carried out, in the event of a refusal of the occupant of the premises, only after the authorization of the judge of liberties and detention of the court of large instance in the jurisdiction of the vessel.
"The order that authorized the visit is enforceable only in the minute. The procedure is without mandatory representation. The visit is conducted under the authority and control of the judge who authorized it. This one can go to the premises during the operation. At any time, it may decide whether the visit is stopped or suspended.
"The order is notified verbally and on site at the time of the visit to the occupant of the premises or, in his absence, to the captain or his representative.
"The order may be appealed to the first president of the Court of Appeal.
" VII.-A report of the vessel's visit is prepared and countersigned by the master or his representative, to whom a copy is immediately given, as well as, where appropriate, to the occupant of premises assigned to private use or housing, with reference to avenues and time limits of appeal. It is addressed to the representative of the State at sea and to the director of the National Council for Private Security Activities.
" VIII.-The occupant of the premises mentioned in the V and VI may challenge the regularity of their visit to the first president of the Court of Appeal according to the rules of procedure without representation.
" IX.-This appeal must be filed by a statement issued or sent, by registered fold, to the court office within fifteen days. This deadline is short from the delivery or receipt of the minutes. This appeal is not suspensive.
"The order of the first president of the Court of Appeal is subject to a cassation appeal according to the rules of the proceedings without representation. The deadline for the cassation appeal is fifteen days.
“The Code of Civil Procedure applies subject to the provisions of this section. »
I.-The Customs Code is amended as follows:
1° Article 62 reads as follows:
"Art. 62.-I.-For the purposes of this Code and for the purposes of the search for fraud, Customs officers may, at any time, access on board and visit any vessel located in the marine area of the Customs radius, or in the area defined in Article 44 bis under the conditions provided for in this Article, or circulating on inland waterways.
"II.-When access on board was found to be materially impossible or in-depth investigations that cannot be carried out must be carried out on board, customs officers performing the duties of captain at sea may order the ship's discharge to an appropriate position or port.
"III.-Each visit takes place in the presence of the master of the ship or his representative.
"When the visit relates to private or residential premises, the visit is carried out in the presence of the occupant of the premises. In the absence of the occupant of the site, Customs officers may only proceed to the site in the presence of the master of the vessel or its representative.
"IV.-Each visit shall be the subject of a record relating to the conduct of the control operations, a copy of which shall be given immediately to the master of the vessel or his representative and to the occupant of the premises assigned to private use or house visited.
"V.-The occupant of the premises for private use or housing visited has an appeal against the conduct of the visits to the first president of the Court of Appeal of the place of the customs management whose office is responsible for the procedure.
"The minutes written at the end of the visitations mention the deadline and the way of appeal. The parties are not required to form a lawyer.
"VI.-This remedy must be exclusively filed by return or sent to the court office within fifteen days. This deadline is short from the delivery or receipt of the minutes. This appeal is not suspensive.
" VII.-The order of the first president of the Court of Appeal is subject to appeal in cassation according to the rules of procedure without representation. The deadline for the cassation appeal is fifteen days.
« VIII.-Le Code of Civil Procedure applies subject to the provisions of this section. » ;
2° Article 63 reads as follows:
"Art. 63.-I.-For the purposes of this Code and for the purposes of the search for fraud, customs officers may access on board and visit any vessel that is in a port, in a raft or in a dock.
"II.-When the visit concerns vessels that are in a port, in a raft or in a dock for less than seventy-two hours, it is carried out under the conditions set out in section 62.
"III.-A.-When the visit involves vessels located in a port, in a raft or in a dock for at least seventy-two hours, it takes place in the presence of the master of the ship or his representative.
"B.-When the visit involves premises for private use or housing, it may not be carried out, in the event of a refusal of the occupant of the premises, only after the authorization of the judge of the freedoms and detention of the court of large instance in the place of the customs management whose function the department responsible for the proceedings.
"The visit is carried out under the control of the judge who authorized it. When it takes place outside the jurisdiction of its High Court, it shall issue a rogatory commission, to exercise such control, to the judge of the freedoms and detention of the High Court in whose jurisdiction the visit is carried out.
"The judge may visit the premises during the intervention.
"At any time, he can decide whether to suspend or stop the visit.
"The order is enforceable only in the minute.
"The order is notified verbally and on-site at the time of the visit to the occupant of the premises or, in his absence, to the master of the vessel or his representative, who receives full copy against receipt or demarcation at the minutes provided for in the V.
"The time and the way of appeal are mentioned in the order.
"The order may be appealed to the first president of the Court of Appeal. The parties are not required to form a lawyer.
"IV.-Each visit is the subject of a verbatim record of the conduct of the control operations, a copy of which is immediately given to the master of the vessel, to his representative and to the occupant of the premises assigned to private use or house visited. A copy of the minutes shall be transmitted to the judge of freedoms and detention within three days of his or her establishment.
"V.-The occupant of the premises for private use or housing visited has an appeal against the conduct of the visits to the first president of the Court of Appeal of the place of the customs management whose office is responsible for the procedure.
"The minutes issued after the visitations mention the time and the remedy provided for in VI. The parties are not required to form a lawyer.
"VI.-The appeals against the order of the judge of freedoms and detention set out in the III and against the conduct of the visitation operations provided for in the V shall be made exclusively by a statement delivered or sent, by registered fold, to the court office within fifteen days. This deadline is short from the delivery or receipt of the minutes. These remedies are not suspensive.
" VII.-The order of the first president of the Court of Appeal is subject to appeal in cassation according to the rules of procedure without representation. The deadline for the cassation appeal is fifteen days.
« VIII.-Le Code of Civil Procedure applies subject to the provisions of this section. » ;
3° In 1 of 413 bis, the references: "Articles 53-1,61-1," are replaced by the words: "From the 1st of Article 53 and Articles";
4° The C of section 1, paragraph 3, of chapter VI of title XII is supplemented by an article 416 bis, as follows:
"Art. 416 bis.-East is punishable by one year's imprisonment and a fine of €15,000 by objecting to the exercise of the duties of customs officers or refusing to submit to their injunctions in accordance with Article 53(b) 1 and Article 61(1) of this Code. »
II.-In the B of Article 52 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and the territorial authorities of Mayotte and Saint-Pierre-et-Miquelon, the words: "and in the area defined in Article 44 bis, under the conditions provided for in this Act" are replaced by the words: ", or in the area defined in Article 44 bis".
Section 4 of Chapter VI of Title I of Book VI of the Internal Security Code, as derived from section 27 of this Act, is supplemented by an article L. 616-5 as follows:
"Art. L. 616.-In addition to officers and judicial police officers acting in accordance with Code of Criminal Procedurecustoms officers, commanders and second-hand commanders of state ships, commanders of state aircraft assigned to maritime surveillance, and, where they are specially authorized under conditions established by decree in the Council of State, administrators and officers of the technical and administrative body of marine affairs, officers of the national navy, commissioners of the armed forces on board the national marine buildings and officials assigned to the services
"The prosecutor of the competent Republic is informed by any means of the offences found. The fact-finding minutes, which prove to the contrary, are transmitted by any means as soon as possible. Copie is given to the interested person.
"With the exception of extreme urgency, it can only be carried out with the authorization of the public prosecutor to search and seizure of arms, ammunition and objects or documents that appear to come from the commission of an offence under this title and the regulatory provisions made for its application, or appear to be intended to commit it. This authorization is transmitted by any means.
"The seized weapons, ammunition, objects or documents are immediately sealed.
"For the prosecution, investigation and judgment of these offences, without prejudice to the articles 43,52,382,706-42 and 706-75 the Code of Criminal Procedure shall be competent to the public prosecutor, the investigating judge and the court of judgment of the place in which the vessel on board which an offence is found is registered or the place of administrative residence of the officer who has found that offence. »
I.-Section 2 of Chapter VII of Title I of Book VI of the Internal Security Code is supplemented by a sub-section 3, as follows:
"Subsection 3
" Vessel protection activities
"Art. L. 617-12-1.-Est punished by three years imprisonment and 45,000 € fine:
« 1° The fact, for a shipowner, of having recourse to a private ship protection undertaking not having the exercise authorization provided for in Article L. 612-9;
« 2° The exercise of the activity referred to in the 4th of Article L. 611-1 in violation of the obligations under Article L. 616-1;
« 3° The fact, for the contracting company with the shipowner, of subcontracting the exercise of the activity referred to in the 4th of Article L. 611-1 or, for the shipowner, of having recourse to several enterprises for the same benefit;
« 4° The use of a private ship protection undertaking without respecting the areas where such an appeal is authorized or the type of eligible ship, as defined by the regulations made under section L. 5442-1 of the Transportation Code;
« 5° Acquisition, possession, transport and disposal of weapons and ammunition without complying with the regulatory provisions made under the first paragraph of Article L. 5442-5 of the same code;
« 6° Importing weapons and ammunition acquired in a non-member State of the European Union into the national territory of the second paragraph of the same article L. 5442-5;
« 7° Reselling in a non-member State of the European Union arms and ammunition acquired in the national territory in ignorance of the same second paragraph;
« 8° The exercise of the activity defined in the 4th of Article L. 611-1 of this code from any other ship than that which this activity is intended to protect;
« 9° making available or resorting to a number of agents less than that provided for in section L. 5442-2 of the Transportation Code. »
II.-Article L. 617-1 of the same code is amended as follows:
1° At 1°, the reference: "3°" is replaced by the reference: "4°";
2° After the 3°, it is inserted a 3° bis as follows:
« 3° bis The exercise of the activity referred to in 4th of the same article L. 611-1 and, in addition, having an activity other than advice and training in maritime security matters; "
I.-Article L. 617-14 of the same code is amended as follows:
1° The reference: "L. 616-1" is replaced by the reference: "L. 611-2";
2° It is added a paragraph to read:
"It is punishable by the same penalty to obstruct the performance of the controls provided for in articles L. 611-2, L. 616-4 or L. 634-1 to L. 634-3, when they relate to the activity referred to in the 4th of Article L. 611-1. »
II.-At 7° of Article L. 642-1, at 10° of Article L. 645-1, at 11° of Article L. 646-1 and at 10° of Article L. 647-1 of the same Code, the reference: "L. 616-1" is replaced by the reference: "L. 611-2".
Sub-section 3 of chapter VII, section 2, of title I, of Book VI of the same code, as it results from section 30 of this Act, is supplemented by an article L. 617-12-2, as follows:
"Art. L. 617-12-2. - Is punished by 3 750 € fine :
« 1° The exercise or exercise on board the protected vessel the activity referred to in the 4th of Article L. 611-1 in an outfit causing confusion with the French police, military or customs forces;
« 2° Failing to keep the records provided for in Article L. 5442-10 of the Transport Code;
« 3° The fact, for a shipowner flying French flag who uses the services of a private ship protection company, not to inform the authorities of the competent State, unaware of the last paragraph of article L. 5442-7 of the same code;
« 4° The fact, for a shipmaster flying French flag landing or landing protection officers, is not to inform the authorities of the State in violation of article L. 5442-8 of the said Code. »
Book VIII of the first part of the transport code is amended as follows:
1° Article L. 1802-6 is supplemented by a 7° as follows:
« 7° The amounts expressed in euros are applicable in New Caledonia subject to their counter-value in local currency. » ;
2° Article L. 1802-7 is supplemented by a 7° as follows:
« 7° The amounts expressed in euros are applicable in French Polynesia subject to their countervalue in local currency. » ;
3° Article L. 1802-8 is supplemented with a 7° as follows:
« 7° The amounts expressed in euros are applicable in the Wallis and Futuna Islands subject to their counter-value in local currency. »
I.-Book VII of the first part of the same code is amended as follows:
1° The first paragraph of Article L. 5763-1 is replaced by two paragraphs as follows:
"Articles L. 5332-1 to L. 5332-7, L. 5336-1, L. 5336-8, L. 5336-10 and L. 5341-11 to L. 5342-6 are applicable in New Caledonia.
"For the purposes of Article L. 5336-8, the words: " referred to in Article L. 5336-3" are deleted. » ;
2° In chapter III of title VII, an article L. 5773-1 is inserted as follows:
"Art. L. 5773-1.-The articles L. 5332-1 to L. 5332-7, L. 5336-1, L. 5336-8 and L. 5336-10 are applicable in French Polynesia.
"For the purposes of Article L. 5336-8, the words: " referred to in Article L. 5336-3" are deleted. » ;
3° At the beginning of article L. 5783-1, two paragraphs are added:
"Articles L. 5332-1 to L. 5332-7, L. 5336-1, L. 5336-8 and L. 5336-10 are applicable to Wallis-et-Futuna.
"For the purposes of Article L. 5336-8, the words: " referred to in Article L. 5336-3" are deleted. »
II.-The VII of section 71 of Act No. 2001-1062 of 15 November 2001 on Daily Security is repealed.
Article L. 5774-1 of the Transportation Code is as follows:
"Art. L. 5774-1.-Chapter IV of Title III and title IV of Book IV are applicable in French Polynesia. »
I. - Chapter III of title IV of Book VI of the Internal Security Code is supplemented by an article L. 643-2 as follows:
"Art. L. 643-2. - This book is applicable to Saint-Barthélemy subject to the following modifications:
« 1° At the 2nd of Article L. 612-1 and at the end of the 4th of Article L. 612-7, the words: “or another State party to the agreement on the European Economic Area” are deleted;
« 2° At the end of the 1st of the same article L. 612-7, the words: “or a State party to the agreement on the European Economic Area” are deleted;
« 3° At the last sentence of the second paragraph of Article L. 612-11, the words: “or the State party to the agreement on the European Economic Area” are deleted;
« 4° In the first and second paragraphs of Article L. 612-24, the words: “or the State party to the agreement on the European Economic Area” are deleted. »
II. - Article L. 644-1 of the same code is supplemented by 3° to 6° as follows:
« 3° At the 2nd of Article L. 612-1 and at the end of the 4th of Article L. 612-7, the words: “or another State party to the agreement on the European Economic Area” are deleted;
« 4° At the end of the 1st of the same article L. 612-7, the words: “or a State party to the agreement on the European Economic Area” are deleted;
« 5° At the last sentence of the second paragraph of Article L. 612-11, the words: “or the State party to the agreement on the European Economic Area” are deleted;
« 6° In the first and second paragraphs of Article L. 612-24, the words: “or the State party to the agreement on the European Economic Area” are deleted. »
III. - In chapter VIII of title IV of book VI of the same code, an article L. 648-1 is inserted as follows:
"Art. L. 648-1. - Title I and title III of this book are applicable in the French Southern and Antarctic Lands as they relate to the activities referred to in Article 4 L. 611-1 and subject to the following modifications:
« 1° At the 2nd of Article L. 612-1 and at the end of the 4th of Article L. 612-7, the words: “or another State party to the agreement on the European Economic Area” are deleted;
« 2° At the end of the 1st of the same article L. 612-7, the words: “or a State party to the agreement on the European Economic Area” are deleted;
« 3° At the last sentence of the second paragraph of Article L. 612-11, the words: “or the State party to the agreement on the European Economic Area” are deleted;
« 4° In the first and second paragraphs of Article L. 612-24, the words: “or the State party to the agreement on the European Economic Area” are deleted. »
This Act is applicable in New Caledonia, French Polynesia, Wallis and Futuna Islands and French Southern and Antarctic Lands.
This law will be enforced as a law of the State.
Done in Paris, July 1, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
The Minister of the Interior,
Bernard Cazeneuve
State Secretary for Transport, the Sea and Fisheries,
Frédéric Cuvillier
