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Decree No. 2014 - 1428 By December 1, 2014, Amending Decree No. 84-810 Of August 30, 1984, Relating To The Safeguarding Of Human Life, The Habitability On Ships And The Prevention Of Pollution

Original Language Title: Décret n° 2014-1428 du 1er décembre 2014 portant modification du décret n° 84-810 du 30 août 1984 relatif à la sauvegarde de la vie humaine, à l'habitabilité à bord des navires et à la prévention de la pollution

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Texts transposed

Directive 2013/54/EU of the European Parliament and the Council of 20 November 2013 on certain responsibilities of the flag State with regard to the respect and implementation of the Maritime Labour Convention, 2006 Text of interest for EEA

Summary

Partial transfer of Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 on certain responsibilities of the flag State with regard to the respect and implementation of the Maritime Labour Convention, 2006 Text of interest to EEA.

Keywords

ASSISTANCE, ASSISTANCE, ASSISTANCE, ASSISTANCE,


JORF n°0279 of 3 December 2014 page 20113
text No. 2



Decree No. 2014-1428 of 1 December 2014 amending Decree No. 84-810 of 30 August 1984 concerning the protection of human life, the habitability of ships and the prevention of pollution

NOR: DEVT1404212D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/12/1/DEVT1404212D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/12/1/2014-1428/jo/texte


Publics concerned: shipowners, commercial shipping professionals, technical organizations, container manufacturers, navigation security centres, national organizations representative of shipowners and seafarers.
Purpose: Amend the regulations relating to the safeguarding of human life at sea, the habitability of ships and the prevention of pollution.
Entry into force: the text comes into force on the day after its publication.
Notice: The Maritime Work Agreement, adopted in 2006 by the International Labour Organization (ILO), provides that vessels measuring 500 or more and carrying out international travel shall be provided with a maritime work certificate accompanied by a declaration of conformity of maritime work, specific to each vessel and issued following a compulsory visit by the flag State. This Decree sets out the definition of the various concepts used for social certification, sets out the procedures for visits and the conditions for the preservation of documents and the conditions for accessing them. It also amends ground complaint procedures and makes technical corrections to existing regulations, including container security, and conditions for the suspension and withdrawal of security securities.
References: this decree is taken for the application of theArticle 22 of Act No. 2013-619 of 16 July 2013 bringing various provisions for adaptation to European Union law in the field of sustainable development. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Considering the International Convention on the Safety of Containers made in Geneva on 2 December 1972, together with the amended annexes;
In view of the International Code of Management for the Safety of Ships and the Prevention of Pollution, adopted by the International Maritime Organization on 4 November 1993, together with its amendments;
In view of resolution A.765 (18) on guidelines on the safety of towed vessels and other floating objects, including installations, structures and platforms at sea, adopted in London on 4 November 1993;
Considering the 2006 Maritime Labour Convention, adopted in Geneva on 7 February 2006;
Having regard to Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the legislative, regulatory and administrative provisions of the Member States relating to pleasure craft;
Considering Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 on certain responsibilities of the flag State with regard to the respect and implementation of the Maritime Labour Convention 2006;
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 for the Community and repealing Council Regulation (EC) No. 2051/95;
Vu le Transport codeincluding articles L. 5514-1 and L. 5514-2;
Vu le Decree No. 84-810 of 30 August 1984 amended to safeguard human life at sea, habitability on board ships and to prevent pollution;
Vu le Decree No. 97-1198 of 19 December 1997 for application to the Minister of Equipment, Transport and Housing 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 2005-748 of 4 July 2005 the safety and health requirements applicable in the event of exposure to the risks caused by the mechanical vibration of the personnel employed on board the ships;
Vu le Decree No. 2006-1044 of 23 August 2006 the safety and health requirements applicable in the event of exposure to risks due to the noise of personnel on board vessels;
Considering the consultation of the Central Security Commission on 7 January 2014;
Having regard to the advice of the High Council of the Merchant Navy of 23 January 2014;
Considering the consultation of trade union organizations representing seafarers and professional organizations representing employers in trade, fisheries and marine crops as of January 27, 2014;
Considering the advice of the ministerial technical committee of the Ministry of Ecology, Sustainable Development and Energy of 13 February 2014;
Considering the referral of the territorial council of Saint-Barthélemy dated 3 September 2014;
Considering the referral of the Mayotte General Council dated 4 September 2014;
Considering the seizure of the Government of New Caledonia of 5 September 2014;
Considering the seizure of the French Polynesia government of 5 September 2014;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 12 September 2014;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


The above-mentioned decree of 30 August 1984 is amended in accordance with articles 2 to 41 of this decree.

Article 2 Learn more about this article...


Section 1 is amended as follows:
1° The 5 of the I is supplemented by the words: "without the number of passengers being greater than twelve";
2° II is thus amended:
(a) 1 is replaced by the following:
“1. Vessel safety centres: specialized services of the relevant interregional branches of the sea:


- ship security and safety;
- the prevention of pollution by ships;
- the safety of maritime work, including the prevention of marine occupational hazards;
- habitability, hygiene and life on board;
-the social certification of ships. » ;


(b) The 3 is replaced by the following:
“3. Ship Safety and Marine Occupational Risk Prevention Inspectors: State agents authorized by the Minister for the Sea, under the training and qualification conditions defined by the Minister for the Sea, assigned to audit tasks in the areas listed in 1. » ;
(c) In 6, after the words: "any shipper", the word: "and" is replaced by the words: "planned to theArticle L. 5543-2-1 of the Transport Code or, in the absence of the flight attendant, any staff delegate or";
(d) 27 is supplemented by the words: "with the exception of the tasks and obligations relating to the social certification of the vessel";
(e) The article is supplemented by the following provisions:
« 31. Ship's Social Certification Armator: the shipowner as defined in Article L. 5511-1 of the Transport Code.
« 32. Social certification of the vessel: procedure to issue Part I of the declaration of conformity of maritime work, to control the commitments made by the shipowner in Part II of the declaration of conformity of maritime work and to aim at Part II, and to issue, aim and renew the certificate of maritime work pursuant to Standard A5. 1.3 of the Maritime Labour Convention of 7 February 2006.
“33.” Annex of a vessel: craft or equipment used for servitude from a carrying vessel, not subject to the provisions of sections L. 5112-2 and L 5241-3 of the Transportation Code; an order of the Minister responsible for the sea specifies the technical characteristics of a vessel's schedule.
“34. Container: transport equipment as defined by the International Convention on the Safety of Containers made in Geneva on 2 December 1972.
35. Container Owner: either the owner within the meaning of Article 544 of the Civil Code, or the lessee or the depositary if the parties to a contract agree that the lessee or depositary will assume the responsibility of the owner with respect to the maintenance and examination of the container in accordance with the requirements of the international convention on the security of the containers.
“36.” Floating ship towed: any floating ship that does not have a propulsion autonomy allowing it to face the perils of the sea alone and that is moved by a ship to which it is towed. »

Article 3 Learn more about this article...


In the first paragraph of Article 2, the references: "L. 5334-3 and L. 5334-4" are replaced by the references: "L. 5334-3, L. 5334-4 and L. 5514-1".

Article 4 Learn more about this article...


In title I and chapter I of title I, the words: "Safety Titles and Pollution Prevention Certificate" are replaced by the words: "Safety Titles, Pollution Prevention Certificate and Maritime Work Certificate".

Article 5 Learn more about this article...


Article 3 I is amended as follows:
1° In the first paragraph, the words: "and pollution prevention certificates" are replaced by the words: "pollution prevention certificates and maritime work certificates" and the references: "L. 5112-2 and L. 5241-3" are replaced by the references: "L. 5112-2, L. 5241-3 and L. 5514-1";
2° The 5° becomes 6° and after the 4° is inserted a 5° as follows:
« 5° The maritime work certificate, to which the declaration of conformity of maritime work is annexed; » ;
3° I is supplemented by the following:
"For towed vessels, the certificate of compliance with resolution A.765 (18) issued pursuant to section 3-1 is a security document and a pollution prevention certificate. It takes place from the titles mentioned at 1° to 6°. »

Article 6 Learn more about this article...


Section 3-1 is amended as follows:
1° II is supplemented by the following:
« 5° For towed vessels, a certificate of compliance with resolution A.765 (18) justifying structural resistance, leakage, stability and safety of navigation in accordance with the directives issued by this resolution. An order of the Minister responsible for the sea specifies the conditions and conditions for the issuance of the compliance certificate. » ;
2° The III is amended to read:
(a) The 4th becomes 5°;
(b) After the 3rd is inserted a 4th written as follows:
« 4° The Maritime Work Certificate, after having referred to Part II of the Maritime Work Conformity Declaration and, where applicable, issued Part I of the Declaration of Conformity of Maritime Work; "

Article 7 Learn more about this article...


Section 3-3 is supplemented by the following provisions:
"The shipowner for the social certification of the ship is bound to the same information obligations for any modification that may jeopardize the conditions for the issuance or maintenance of the ship's maritime work certificate. »

Article 8 Learn more about this article...


In the 1st of Article 4, the words: "Safety Titles and Pollution Prevention Certificates" are replaced by the words: "Safety Titles, Pollution Prevention Certificates, Maritime Work Certificate".

Article 9 Learn more about this article...


After Article 4, an article 5 is inserted as follows:


"Art. 5.-The master is required to keep on board the maritime work certificate and the declaration of conformity of maritime work, issued, affected or renewed under the conditions set out in Article 3-1 III. He posted a copy of these documents on board. »

Article 10 Learn more about this article...


Section 8-1 is amended as follows:
1° I is thus modified:
(a) In the first paragraph, the words: "Safety Titles or Pollution Prevention Certificates" are replaced by the words: "Safety Titles, Pollution Prevention Certificates or Maritime Work Certificates";
(b) After the sixth preambular paragraph, the following provisions shall be inserted:
« 6° The vessel ceased to meet the conditions for the issuance of the Maritime Work Certificate;
« 7° The vessel ceases to have a crew on board for more than three months.
"The Minister for the Sea shall, by a reasoned decision, issue a suspension of the security management compliance document referred to in Article 3-1, V, where the vessel or company does not comply with the requirements set out in the International Security Management Code, known as the ISM Code, and Regulation (EC) No. 336/2006 of 15 February 2006. » ;
(c) The seventh preambular paragraph was replaced by the following provisions:
"The suspension decision is accompanied by the requirements for the vessel's compliance. » ;
2° II as amended:
(a) In the first paragraph, the word "three" is replaced by the word "six";
(b) The second paragraph is supplemented by the words: "or Maritime Work Certificate".

Article 11 Learn more about this article...


In Article 9, I, the words: "or pollution prevention" are replaced by the words: ", pollution prevention or maritime work certificate".

Article 12 Learn more about this article...


Section 10 is amended as follows:
1° In II, the words "minimum standards" are replaced by the words "general rules";
2° It is supplemented by the following provisions:
"III. - A provisional maritime work certificate may be issued by the Chief of the Vessel Safety Centre under the conditions established by the Minister for the Sea and in accordance with the general rules set out in title II. »

Article 13 Learn more about this article...


Article 14 I is supplemented by the following provisions:
“4. Requests for the authorization of the bodies referred to in 2° I of Article 42-2 that are responsible for controlling or approving the containers. »

Article 14 Learn more about this article...


In Article 23, II, the words "or the National Safety Commission for Pleasure Navigation" are deleted.

Article 15 Learn more about this article...


At the 1st of Article 26, the d is supplemented by the words: "or a nurse of the health service of seafarers".

Article 16 Learn more about this article...


Section 27 is amended as follows:
1° In III, the c is supplemented by the words: "or a nurse of the health service of the sea people";
2° Numbers V and VI respectively become numberings IV and V.

Article 17 Learn more about this article...


In the second paragraph of Article 28, the words: "protection of the marine environment" are replaced by the words: "prevention of pollution and respect for the conditions of issuance of the maritime work certificate".

Article 18 Learn more about this article...


After Article 28, an article 28-1 is inserted as follows:


"Art. 28-1. - Any vessel subject to applicationArticle L. 5514-1 of the Transport Code is the subject, prior to the Part II visa of the declaration of conformity of maritime work and the issuance, visa and renewal of the maritime work certificate, of a visit to verify whether it satisfied or continues to meet the conditions for the issuance of the maritime work certificate.
"The decision to conduct the visit belongs to the head of the security centre of the competent ships, seized by the shipowner.
"The vessel's visit is carried out by a visiting commission which includes at least the head of the competent vessel safety centre or its representative, as president, and an inspector of vessel safety and the prevention of marine occupational hazards. The head of the Ship Safety Centre shall determine the composition of the visiting commission. It may designate one or more experts to attend the visiting commission.
"If the visit reveals that the vessel does not meet the conditions set out in the first paragraph, the head of the Ship Safety Centre shall refuse the Part II visa of the declaration of conformity of maritime work, the issuance, visa or renewal of the Maritime Work Certificate, or shall suspend the vessel under the conditions set out in Article 8-1. »

Article 19 Learn more about this article...


In the second paragraph of section 29-2, the words "an application for" are replaced by the word "by".

Rule 20 Learn more about this article...


The second paragraph of section 31 is amended as follows:
1° In the first sentence, the words: "Security of Maritime Work and Pollution Prevention" are replaced by the words: "Prevention of Pollution and Social Certification of the Ship";
2° In the second sentence, after the words: "Professional Maritime Risk Prevention", the words "and the social certification of the vessel" are inserted.

Article 21 Learn more about this article...


In i 1° of Article 32, the words "and prevention of pollution by the ship" are replaced by the words ", prevention of pollution and social certification of the ship".

Article 22 Learn more about this article...


In the first paragraph of 1 of Article 33, the words "Give Place" are replaced by the words: "Can I give place".

Article 23 Learn more about this article...


After section 35, an article 35-1 is inserted as follows:


"Art. 35-1. - Appeals against decisions relating to the issuance, visa and renewal of the Maritime Work Certificate made by the heads of Ship Safety Centres pursuant to sections 28-1 and 32 or by an inspector of vessel safety and the prevention of maritime occupational hazards pursuant to section 28 shall be carried by the shipowner under the social certification of the ship to the Minister responsible for the sea, within a period of fifteen frank days to count. The remedies provided for in this article are not suspensive. »

Article 24 Learn more about this article...


Article 35 bis deviates section 35-2.

Rule 25 Learn more about this article...


Section 37 is amended as follows:
1° In the first paragraph, the words: "or operator" are replaced by the words: ", operator or shipowner under social certification";
2° In the last paragraph, the words: "or operator" are replaced by the words: ", operator or shipowner under social certification".

Rule 26 Learn more about this article...


Section 38 is amended as follows:
1° In the first paragraph, the words: "or operator" are replaced by the words: ", operator or shipowner under social certification" and after the words: "related to the safeguarding of human life at sea" are inserted the words: ", to the social certification of the ship";
2° In the second paragraph, the words: "or operator" are replaced by the words: ", operator or shipowner under the social certification of the ship" and after the words: "pollution prevention" are inserted the words: "or maritime work certificate".

Rule 27 Learn more about this article...


Section 41-3 I is amended to read:
1° At 1°, the words: "and pollution prevention" are replaced by the words: ", pollution prevention and, if applicable, the maritime work certificate";
2° The 2° is supplemented by the words: "and the conditions of employment, work and life on board".

Rule 28 Learn more about this article...


Section 41-4 is supplemented by a paragraph as follows:
"According to the Maritime Work Agreement, a more detailed inspection is being conducted to verify the conditions of employment, work and life on board vessels, under the conditions set by order of the Minister for the Sea. »

Rule 29 Learn more about this article...


Article 41-8 I is amended as follows:
1° In the first paragraph, after the words: "under conditions", the words "of employment" are inserted;
2° The second paragraph is supplemented by the following provisions: "Representative organizations at the national level of shipowners and seafarers are kept informed without delay of decisions whose motives are in relation to the interests they defend. »

Rule 30 Learn more about this article...


The last paragraph of section 41-11 is replaced by the following provisions:
"The Chief Ship Safety Centre shall inform or transmit to the Director General of the International Labour Office a copy of such information to the flag State administration of the claims and actions given to them and, where appropriate, transmit or transmit such information to the Director General of the International Labour Office. It maintains representative organizations at the national level of shipowners and seafarers informed of the claims. »

Rule 31 Learn more about this article...


In the first paragraph of Article 41-12, after the words: "the operator" are inserted the words: "or the worker under social certification".

Rule 32 Learn more about this article...


In the first paragraph of Article 41-13, the words "or operator" are replaced by the words ", operator or shipowner under social certification".

Rule 33 Learn more about this article...


The I of section 42-2 is amended as follows:
1° In the first paragraph, the words: "after the opinion of the competent study commission" are replaced by the words: "in terms fixed by order of the same minister";
2° At 2°, the words "certify the containers" are replaced by the words "control or aggregate the containers";
3° After 2°, the following paragraphs are inserted:
« 3° Organizations responsible for issuing approvals of structures under Article 42-6;
« 4° Organizations responsible for measuring the exposure to the mechanical vibrations of persons employed on board vessels under the Decree No. 2005-748 of 4 July 2005 the safety and health requirements applicable in the event of exposure to the risks caused by the mechanical vibration of the personnel employed on board the ships;
« 5° Organizations responsible for conducting noise measurements in accordance with the Decree No. 2006-1044 of 23 August 2006 the safety and health requirements applicable in the event of exposure to the noise hazards of the personnel employed on board the ships, except in respect of the measures prescribed in the context of the stipulations referred to in Article 5. »

Rule 34 Learn more about this article...


Section 42-6 is amended as follows:
1° The words: "less than 24 metres" are replaced by the words: "with a reference length less than 24 metres";
2° Following the words: "qualified classification society" are added the words: ", by any body authorized in accordance with 3° I of Article 42-2";
3° It is complemented by two paragraphs:
"For certain types of load vessels, structural approval can be replaced by a simplified procedure. An Order of the Minister for the Sea defines the terms of this simplified procedure and the types of vessels to which it applies.
"A towed vessel shall be subject to a structural, leakproof, stability and towing system check by a qualified classification society for the issuance of the compliance certificate as provided for in Article 3-1, Part II. »

Rule 35 Learn more about this article...


The title II becomes "General Rules of Safety, Pollution Prevention and Social Certification".

Rule 36 Learn more about this article...


In section 42-8, the references: "L. 5113-1, L. 5241-2 and L. 5241-10-1" are replaced by the references: "L. 5113-1, L. 5241-2, L. 5241-10-1 and L. 5514-1".

Rule 37 Learn more about this article...


In II of section 49, the word "east" is replaced by the word "to be".

Rule 38 Learn more about this article...


After 51-1, an article 51-2 is inserted as follows:


"Art. 51-2. - The ship's social certification armor is required to comply with its commitments in Part II of the declaration of conformity of maritime work with respect to employment, work and life on board in accordance with the conditions of issue of the ship's maritime work certificate. »

Rule 39 Learn more about this article...


Title II is supplemented by a chapter IV entitled “Container provisions” and comprising articles 56-5,56-6 and 56-7 as follows:


"Art. 56-5.-Any container, used for the international carriage of goods, is carrying the license plate, which is valid, provided for in Rule 1 of Annex I to the International Convention on the Safety of Containers.
"In order to obtain the approval referred to in Chapters II and III of Annex I to the International Convention on the Safety of Containers, the container manufacturer shall make the application to an authorized body referred to in 2° of Article 42-2.
"The grant of the approval of a container is subject to tests of the container or, when the container is produced in series, to tests of a prototype with identical examinations and tests of containers, in accordance with the terms set by the international convention on the safety of the containers.


"Art. 56-6.-The validity of the approval plate shall be subject to the maintenance of the container in satisfactory condition from the point of view of safety and to the conduct of the examinations provided by decree of the minister responsible for the sea.
"The verification of the safety of a container in service is done at the initiative and under the responsibility of its owner, who, for this purpose, conducts or conducts the necessary examinations to meet the requirements of the international convention on container safety.
"The owner shall disclose all information relating to the condition of the containers and the examinations provided for in the preceding paragraph upon request of the authorized body.


"Art. 56-7.-The license plate ceases to be valid:
« 1° If the examinations provided for in Article 56-6 have not been completed in due course;
« 2° If a container, as a result of either damage or insufficient repairs, no longer complies with the safety rules provided for in the International Convention on the Safety of Containers.
"In order to obtain the approval again, the owner of the container submits its application under the conditions and under the terms and conditions set out in section 56-5. »

Rule 40 Learn more about this article...


Article 57 I is supplemented by the following provisions:
« 23° For any shipowner under the vessel's social certification not to comply with its commitments in Part II of the declaration of conformity of maritime work, in accordance with the provisions of Article 51-2. »

Rule 41 Learn more about this article...


Section 61 is amended as follows:
1° II is thus amended:
(a) The 2° is replaced by the following:
« 2° The 32 of Article 1 is thus written: “32. Social certification of ships: procedure equivalent to the procedure for issuing Part I of the declaration of conformity of maritime work, to that of the Part II visa of the declaration of conformity of maritime work and to those for the issuance, visa and renewal of the maritime work certificate.”
(b) The 4th is replaced by the following:
« 4° The 4th of the I of Article 3, the 1st to 4th of the II and the IV of Article 3-1, the 5th of Article 26 and the I of Article 32 are not applicable; » ;
(c) After the 7th are added two sub-items as follows:
« 8° For the purposes of Article 41-4, the words: “in application of the Maritime Labour Convention” are deleted;
« 9° For the purposes of sections 41-8 and 41-11, the words: “Representative organizations at the national level of shipowners and seafarers are kept informed without delay of decisions whose motives are in relation to the interests they defend” are deleted”;
2° At 2° of the III, after the reference: "3-1", the reference is inserted: "8-1",
3° At 2° of the V, after the reference: "3-1", is inserted the reference: "8-1";
4° The VI is thus amended:
(a) At 3°, after the reference: "3-1", the reference is inserted: "8-1";
(b) The 6° is replaced by the following:
« 6° The 4th of the I of Article 3, the 1st to 4th of the II and the IV of Article 3-1, the 5th of Article 26, the I of Article 32 and the 4th and 5th of the I of Article 42-2 are not applicable; » ;
(c) After the 11° it is added a 12° so written :
« 12° The second sentence of the second paragraph of Article 41-8 and the last sentence of Article 41-11 are not applicable;
5° The VII is thus amended:
(a) At 3°, after the reference: "3-1", is inserted the reference: "8-1",
(b) The 5th is supplemented by the following provisions: "and for the application of articles 2, 3, and 42-8, references to theArticle L. 5514-1 of the Transport Code are deleted; »
(c) The 6° is replaced by the following:
« 6° The 4th and 5th of the I of Article 3, the 1st to 4th of the II, the 4th of the III and the IV of Article 3-1, the 6th of Article 8-1, the III of Article 10, the 5th of Article 26, Article 28-1, Article V of Article 30, Article I of Article 32, Article 35-1, the last paragraph of Article 41-2 » ;
(d) At the beginning of the 8th, the following provisions are inserted:
"For the purposes of Article 30, the reference to Article 29-3 is deleted and" (follow-up without change);
(e) The 10th is supplemented by the words "as well as the last sentence of the second paragraph";
(f) After 11°, it is added a 12° and a 13° as follows:
« 12° The last sentence of the second paragraph of article 41-11 is not applicable;
« 13° In sections 3-3, 4, 5, 8, 8-1, 9, 28, 31, 32, 37, 38, 41-3, 41-12 and 41-13, references to “the ship’s social certification armor”, to the “social certification of the ship” and to the “maritime work certificate” are deleted; » ;
6° The VIII is thus amended:
(a) At 2°, after the reference: "3-1", is inserted the reference: "8-1",
(b) The 3rd is supplemented by the following provisions: "and for the application of the II of Article 1, the 32 is thus written: "32. Social certification of ships: procedure equivalent to the procedure for issuing Part I of the declaration of conformity of maritime work, to that of the Part II visa of the declaration of conformity of maritime work and to those for the issuance, visa and renewal of the maritime work certificate.”
(c) The 5° is replaced by the following:
« 5° The 4th of Article 3, the 1st to 4th of II and the IV of Article 3-1, the 5th of Article 26, the I of Article 32 and the 4th and 5th of I of Article 42-2 are not applicable; » ;
(d) The 8th is supplemented by the following provisions: "and for the application of Article 41-4, the words: "in application of the Maritime Labour Convention" are deleted; »
(e) The 9th is supplemented by the words "as well as the last sentence of the second paragraph";
(f) After the 11° it is inserted a 12° so written :
« 12° The last sentence of the second paragraph of article 41-11 is not applicable";
7° The IX is thus amended:
(a) At 2°, after the reference: "3-1", is inserted the reference: "8-1";
(b) The 4th is supplemented by the following provisions: "and for the application of articles 2, 3, 42-8, references to theArticle L. 5514-1 of the Transport Code are deleted; » ;
(c) The 5° is replaced by the following:
« 5° The 4th and 5th of the I of Article 3, the 1st to 4th of the II, the 4th of the III and the IV of Article 3-1, the 6th of Article 8-1, the III of Article 10, the 5th of Article 26, Article 28-1, Article V of Article 30, Article I of Article 32, Article 35-1, the last paragraph of Article 41-2 » ;
(d) The following provisions are inserted at the beginning of the 7th:
"For the purposes of Article 30, the reference to Article 29-3 is deleted and" (follow-up without change);
(e) The 8th is supplemented by the following provisions: "and for the application of Article 41-4, the words: "in application of the Maritime Labour Convention" are deleted; » ;
(f) The 9th is supplemented by the words "as well as the last sentence of the second paragraph";
(g) After the 10° it is added an 11° and a 12° as follows:
« 11° The last sentence of the second paragraph of article 41-11 is not applicable;
« 12° In sections 3-3, 4, 5, 8, 8-1, 9, 28, 31, 32, 37, 38, 41-3, 41-12 and 41-13, references to “the ship’s social certification armor”, to the “social certification of the ship” and to the “maritime work certificate” are deleted; "

Rule 42 Learn more about this article...


This Order is applicable in New Caledonia, French Polynesia, Wallis-et-Futuna and in French Southern and Antarctic Lands.


Final provisions

Rule 43 Learn more about this article...


Decree No. 80-837 of 22 October 1980 on container safety is repealed.

Rule 44 Learn more about this article...


In the B of Title IIAnnex to the above-mentioned Decree of 19 December 1997, headings related to the competence of the Minister responsible for the sea for the application of Decree No. 84-810 of 30 August 1984 are thus completed:


2 bis Suspension of security management compliance document

article 8-1


10 Enabling bodies responsible for issuing structural approvals

article 42-2

11 Enabling bodies responsible for measuring exposure to the mechanical vibration of persons employed on board vessels

article 42-2

12 Authorization of noise monitoring bodies

article 42-2

Rule 45 Learn more about this article...


The Minister of Ecology, Sustainable Development and Energy, the Minister of Overseas and the Secretary of State for Transport, the Sea and Fisheries are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 1 December 2014.


Manuel Valls

By the Prime Minister:


Minister of Ecology, Sustainable Development and Energy,

Royal


Minister of Overseas,

George Pau-Langevin


State Secretary for Transport, the Sea and Fisheries,

Alain Vidalies


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