Key Benefits:
Audiences concerned: port, navigation and shipping professionals.
Purpose: Codification of regulatory provisions relating to seaports and overseas seaports.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree proceeds to the codification of the provisions of Book III, relating to the marine ports, and of Book VII, as it relates to the marine ports of overseas, of the fifth part of the transport code. These provisions concern the organization of the marine ports, the port rights, the police of the marine ports, the harbour services and the harbour railways.
References: the Transport code Amended by this decree can be consulted, in its drafting, 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 for the Protection of Human Life at Sea, made in London on 1 November 1974 (SOLAS);
Considering the Convention on the Prevention of Pollution by Ships, made in London on 2 November 1973, amended by the Protocol of 17 February 1978 and its subsequent amendments regularly approved and ratified (MARPOL);
Considering Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the safety of ships and port facilities;
Vu le Trade code ;
Vu le Defence code ;
Vu le Customs Code ;
Vu le environmental code ;
Vu le code of expropriation because of public utility ;
Vu le general code of territorial authorities ;
Vu le general code of public ownership ;
Vu le Public procurement code ;
Vu le Criminal code and Code of Criminal Procedure ;
Vu le Code of Maritime Ports ;
Vu le Transport code ;
Vu le Labour code ;
Vu la Act No. 72-1169 of 23 December 1972 guaranteeing employees minimum monthly remuneration;
Vu la Act No. 83-663 of 22 July 1983 completing the Act No. 83-8 of 7 January 1983 relative to the division of competence between municipalities, departments, regions and the State;
Vu la Act No. 83-675 of 26 July 1983 on the democratization of the public sector and Decree No. 83-1160 of 26 December 1983 taken for its application;
Vu la Act No. 2008-660 of 4 July 2008 carrying out port reform, including articles 7, 8, 9, 15 and 16;
Vu le Decree No. 55-733 of 26 May 1955 relating to the economic and financial control of the State;
Vu le Decree No. 83-228 of 22 March 1983 establishing the regime for the authorization of marine crop farms;
Vu le Decree No. 84-617 of 17 July 1984 taken for application ofArticle 14 of Act No. 82-1153 of 30 December 1982 orientation of inland transport;
Vu le Decree No. 86-606 of 14 March 1986 relating to nautical commissions;
Vu le Decree No. 92-352 of 1 April 1992 on measures to be taken to ensure the safety of workers in establishments where railways are used;
Vu le Decree No. 97-444 of 5 May 1997 relating to the missions and statutes of Réseau ferré de France;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2004-1056 of 5 October 2004 relating to the pension scheme of workers of industrial establishments of the State;
Vu le Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system;
Vu le Decree No. 2012-1246 of 7 November 2012 Financial and Public Accounts Management;
Having regard to the opinion of the Superior Codification Commission dated 26 February 2013;
Considering the referral of the territorial council of Saint-Barthélemy dated 14 November 2013;
Considering the referral of the territorial council of Saint-Martin dated 14 November 2013;
Considering the referral of Mayotte's General Council dated 15 November 2013;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 19 November 2013;
The State Council (section of public works) heard,
Decrete:
The provisions annexed to this Decree constitute the provisions of Book III on Maritime Ports and their adaptation to overseas ports contained in Book VII of the Fifth Regulatory Part "Marine Transport and Navigation" of the Maritime Ports Transport code.
The articles identified by a "R" correspond to the provisions of a decree in the Council of State; those identified by a "D" correspond to the provisions of a simple decree.
The provisions of Books III and VII of the fifth regulatory part of the Transport Code under a decree in the Council of State or a simple decree which mention, without reproducing, provisions either other codes, or legislative or regulatory texts of the European Union are in full right modified by the effect of subsequent amendments to these provisions.
The references in provisions of a regulatory nature to provisions repealed by section 4 of this Order are replaced by references to the corresponding provisions of Transport code.
The date on which this Order comes into force is repealed:
1° The code of marine ports (regulatory part), to the exception of articles R. 121-1 to R. 121-6, R. 122-1 to R. 122-17 and R. 141-1 to R. 142-5 for their application in Saint-Pierre-et-Miquelon;
2° In the Labour codeR. 743-2, R. 743-3, R. 743-4, R. 743-5, R. 743-6, R. 743-7, R. 743-8, R. 743-9, R. 743-10, R. 743-11 and R. 743-12, D. 743-1, D. 743-2, D. 743-2, D. 743-3, D. 743-5
3° The decree of 14 December 1929 establishing general rules of pilotage;
4° The Decree No. 69-515 of 19 May 1969 relating to the regime of pilotage in marine waters;
5° Articles 21,22,23,24,25,26,27,28,29,30 Decree No. 69-679 of 19 June 1969 on arms and sea sales;
6° The Decree No. 73-184 of 23 February 1973 taken for application of Act No. 72-1169 of 23 December 1972 guaranteeing minimum monthly wages to employees;
7° Articles 8 (paragraph 2), 9,10 and 11 Decree No. 2008-1032 of 9 October 2008 implemented Act No. 2008-660 of 4 July 2008 carrying out port reform and carrying various provisions in port matters;
8° The Decree No. 2009-556 of 19 May 2009 creating the inter-portal coordination council of the Seine;
9° The Decree No. 2009-877 of 17 July 2009 carrying out general police regulations in maritime ports of trade and fishing;
10° The Decree No. 2009-1009 of 25 August 2009 creating the Atlantic Interportal Coordination Council;
11° The Decree No. 2009-1360 of 5 November 2009 relating to the piloting of vessels, convoys and other floating vessels that carry out navigation at sea, in the ports and rafts, on the salted ponds or canals dependent on the marine public domain and in the estuaries, rivers, rivers and canals downstream of the first obstacle to the navigation of the sea buildings;
12° The Decree No. 2014-383 of 28 March 2014 concerning the composition and operation of the interportary coordination council established between the major marine ports of Guadeloupe, Guyana and Martinique.
I. - For the application in Guyana of section R. 5713-4 of the Transportation Code of this Order, the Supervisory Board of the Great Maritime Port shall, until the first meeting of the assembly of Guyana following its first election, at least one representative of the Regional Council and a representative of the General Council.
II. - For the application in Martinique of section R. 5713-4 of the Transportation Code, the Supervisory Board of the Great Maritime Port shall, until the first meeting of the Assembly of Martinique following its first election, at least one representative of the Regional Council and a representative of the General Council.
III. - For the application in Guyana of Article D. 5713-10 of the Transport Code, the Interport Coordination Council shall have, until the first meeting of the meeting of the meeting of Guyana following its first election, a representative of the Regional Council and a representative of the General Council.
IV. - For the application in Martinique of Article D. 5713-10 of the Transport Code, the Inter-port Coordination Council shall, until the first meeting of the meeting of the Assembly of Martinique following its first election, include a representative of the Regional Council and a representative of the General Council.
I. - This decree is applicable to Wallis-et-Futuna and in the French Southern and Antarctic Lands.
II. - The provisions repealed by section 4 in a matter now within the jurisdiction of the authorities of Saint-Barthélemy or Saint-Martin and applicable locally shall remain in force until they have been repealed by the competent local authority.
III. - Any provision contrary to those of Book III of Part 5 of the Transport Code applicable to Mayotte and regulating the organization of the port of that community, the port rights, the port police and the harbour services is repealed.
I. - The second paragraph of section R. 1422-8 of the Transportation Code is repealed.
II. - Chapter II of the preliminary title of Book VIII of Part I of the Transport Code is amended as follows:
1° Section R. 1802-1 is supplemented by the following two paragraphs:
« 3° References to the Maritime Prefect are replaced by those of the Government Delegate for the action of the State at sea;
« 4° In Guyana and Martinique, references to the department or region prefect are replaced by those of the state representative in the territorial community. » ;
2° Section R. 1802-2 is supplemented by the following paragraphs:
« 7° References to the Maritime Prefect are replaced by those of the Government Delegate for the action of the State at sea;
« 8° References to Chambers of Commerce and Industry are replaced by those of the Mayotte Chamber of Commerce and Industry;
« 9° References to code of expropriation because of public utility and general code of public ownership are replaced by references to provisions having the same locally applicable object. » ;
3° Section R. 1802-3 is supplemented by the following paragraph:
« 8° References to the marine prefect are replaced by those of the government delegate for the action of the state at sea. » ;
4° Section R. 1802-4 is supplemented by the following paragraph:
« 8° References to the marine prefect are replaced by those of the government delegate for the action of the state at sea. » ;
5° Section R. 1802-5 is supplemented by the following paragraph:
« 9° References to the marine prefect are replaced by those of the government delegate for the action of the state at sea. »
III. - The 4° of Article R. 1802-1 of the Transport Code comes into force on the day of the first meeting of the assemblies of Guyane and Martinique following their first election.
The Minister of Ecology, Sustainable Development and Energy, the Guard of Seals, the Minister of Justice, the Minister of Finance and Public Accounts, the Minister of Defence, the Minister of Labour, Employment, Vocational Training and Social Dialogue, the Minister of Interior, the Minister of Economy, Industry and Digital, the Minister of Overseas, the Secretary of State responsible for the Transport,
Annex
PART II
TRANSPORT AND NAVIGATION MARITIMES
[...]
The delimitation of seaports on the sea side and on the land side shall be carried out, subject to the rights of third parties:
1° By the prefect for ports within the competence of the State;
2° By the legislative body of the territorial authorities or their competent groups.
For ports within the jurisdiction of the territorial authorities and their groupings, the established limits cannot encroach on the public domain of the State that would not have been made available to the competent community or group or that would not have been subject to, for their benefit, a transfer of management.
The categories of port infrastructure structures to which the provisions of section L. 5311-2 apply are defined in section R. 1612-1.
For the purposes of section L. 5311-2, an amendment to an existing work is considered to be substantial when:
1° Either it follows a closure ordered by the State;
2° Either its forecast cost is greater than or equal to 50% of the estimated completion cost of the original work, updated to the date of the proposed amendment.
The preliminary file referred to in Article L. 1612-1 and the accompanying security report shall be addressed to the representative of the State designated in Article R. 5311-6.
The content of this file is specified by order of the Minister for Maritime Ports.
The owner of a port infrastructure work referred to in section R. 1612-1 shall not make the security report carried out by an expert or agency involved in the design of the project.
The department's prefect in the territory of which is the largest part of the new work or to which a substantial amendment is made is competent to give its opinion on the preliminary file referred to in article L. 1612-1 and authorize the commissioning.
For works in service, the department's prefect in the territory of which is located most of the work concerned may prescribe, as appropriate, the establishment of a diagnosis, restrictive operating measures or order the closure of the work.
The owner of a project shall address to the representative of the State designated in Article R. 5311-6, at least four months before the date envisaged for the commissioning of the work, an application for authorization to commission to which a draft operating requirements are annexed. The representative of the State has four months from the receipt of the application to grant the requested authorization or to make known the reasons that oppose its grant. If he asks for additional information, this deadline is interrupted and resumes for four months from the production of the requested items.
Departmental Advisory Commission on Safety and AccessibilityArticle R. 111-19-30 of the Construction and Housing Code is seized to give notice before the issuance of the authorization to commission a work subject to the provisions of section R. 1612-1.
The period between periodic examinations provided for in the operating requirements is not more than five years.
The decree in the Council of State creating a large maritime port is taken on the report of the ministers responsible for the marine ports and the economy.
It specifies the name and seat of the large seaport.
For large marine ports substituted for marine ports under the State, the decree sets, if any, the date of entry into force of the new regime.
Large seaports are placed under the supervision of the minister responsible for seaports and subject to general economic and financial control.
Subject to the provisions of Article L. 5312-5, the electoral district of the large seaport is delimited by an order of the prefect of the region in which the seat of the port is located, after notice of the marine prefect.
Where the electoral district is likely to extend over several regions, the Prime Minister shall designate the prefect to delineate it under the conditions provided by theArticle 66 of Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments.
For the first delimitation of the electoral district, the competent regional prefect shall establish a file comprising:
1° A notice indicating and justifying the proposed electoral boundaries;
2° If applicable, the date on which the regime defined in this chapter will be substituted for the regime previously in force;
3° The list of public authorities and their competent development groups, as well as territorially interested public institutions;
4° In case the electoral district includes other ports, the list of harbour councils that must be consulted;
5° A plan indicating the electoral district boundary project on both the sea and the land side.
The length of the consultation of the communities and organizations referred to in 3° and 4° of Article R. 5312-2 is two months. In the absence of a response to the end of this period, the notice is deemed to be issued.
The change in the electoral district of a large seaport is made at the request of the port's directorate after the advice of the supervisory board conforms.
The amendment request shall be instructed as follows:
1° The principalory of the large marine port is a record that includes the parts provided for in Article R. 5312-2;
2° He submits this file to the approval of the competent regional prefect who invites him to proceed, in accordance with the terms set out in R. 5312-3, to the consultations:
(a) The development council of the large seaport;
(b) Communities and organizations mentioned in 3° and 4° of Article R. 5312-2;
3° Within a period of fifteen days following the completion of the consultations scheduled for 2°, the board shall forward the file to the prefect of the region, together with the notices issued or, failing that, supporting the consultations, and the report of instruction.
The State shall give free of charge to the major marine ports substituted for one or more non-self-governing marine ports under the State, on the date fixed for the entry into force of the new regime:
1° The ownership of land and water surfaces, whether or not conceded or not, belonging to the public domain, including in the electoral district of the large marine port and marine buildings and structures dependent on the public domain that exist on these lands and water surfaces, excluding those belonging to the natural marine public domain or the natural river public domain;
2° The administration and enjoyment of land and water surfaces belonging to the natural marine public domain and the natural river public domain included in the electoral district of the large seaport, with the exception of land already allocated or assigned to the Conservatoire de l'espace littoral et des rivages lacustres;
3° The property of the land belonging to the private domain of the State, assigned to the department responsible for the management of the marine ports of the State and included in the electoral district of the large seaport, as well as works, buildings and equipment having the character of buildings by destination or accessories deemed immovable, dependent on the service referred to above and necessary for the maintenance, operation and work;
4° Ownership of other materials, furniture and supplies of the same service and used for the same purposes.
However, the land, buildings, furniture, equipment and supplies of the lighthouses and beacons are excluded from these discounts.
The discounts are made.
Pursuant to section L. 5312-16, the ownership of the assets and liabilities of the delegated public establishments under the concession account shall take place on the effective date of the new regime. Asset elements include free funds, deposits, portfolio values, equity interests and receivables of all kinds.
When a large seaport is substituted for an autonomous port, it receives free:
1° The property of all the assets of the autonomous port, including land, water surfaces, structures, buildings, tools, furniture, equipment, supplies and participations;
2° The administration and enjoyment of all land and water areas dependent on the natural marine public domain and the natural public domain of the State within its electoral district, with the exception of land already allocated or assigned to the Conservatoire de l'espace littoral et des rivages lacustres.
In each of the rebates provided for in articles R. 5312-5 to R. 5312-7, a descriptive inventory of land, structures, buildings and equipment included in the remission is prepared contradictoryly. For State discounts, this inventory is divided into two parts relating respectively to the public domain and the private domain.
There is also a conflicting statement of assets other than those referred to in the preceding paragraph and held by the delegated public institutions under the concession account. These assets include free funds, deposits, portfolio values, equity interests and receivables of all kinds. The inventory referred to in the first paragraph also covers the rights and obligations of the property surrendered and the activities transferred.
Where a large seaport is substituted for an autonomous port, the authorizations or agreements entered into under the second and third paragraphs of Article R. 5313-81 by the autonomous port shall remain in force and shall be valid terminal convention under Article R. 5312-83.
State representatives to the Supervisory Board are:
1° The prefect of the port headquarters area or its alternate, which he designates on a permanent basis;
2° A representative of the Minister for Maritime Ports;
3° A representative of the Minister for the Environment;
4° A representative of the Minister responsible for the economy;
5° A representative of the budget minister.
Each of the ministers appoints its representative by order.
Supervisory Board members representing the local authorities are:
1° A member of the regional council of the region in which the port is located, designated by that council;
2° A member of the general council of the department in which the seat of the port is located, designated by that council;
3° Two representatives of the municipalities and groups of local authorities, part of which is located in the electoral district. The decree establishing the large seaport determines the two communes or groups with a representative. It is designated among its members by the deliberate organ of the commune or group.
The qualified personalities referred to in the 4th of section L. 5312-7 are appointed by order of the Minister for Maritime Ports, after consultation with the Minister for Economics. They are chosen because of their competence in activities relevant to ports, development, environment, marine navigation, transport, regional economy or national economy.
The decree in the Council of State establishing the large port shall designate the consular chamber which shall have a representative elected to the Supervisory Board. The Minister for Maritime Ports invites this consular chamber to propose its representative.
The Regional Prefect publishes the nominative list of members of the Supervisory Board in the collection of administrative acts of the Prefecture.
The mandate of the Supervisory Board members is five years. It can be renewed. Where circumstances so require, this mandate may, in addition, be extended for a period not exceeding six months by the order referred to in R. 5312-12.
The members who lost the quality under which they were appointed or appointed cease to be on board.
The mandates of the members of the Supervisory Board appointed pursuant to section R. 5312-11 shall be terminated upon the renewal of the Assembly that appointed them.
It is provided for the replacement of a member whose seat becomes vacant by death, resignation, for one of the reasons mentioned in the preceding two paragraphs or for any other cause, for the remainder of his term.
The dates of commencement and end of term of office of Council members are set by the order referred to in R. 5312-12.
Upon its formation or renewal, the Supervisory Board shall meet on the convocation and under the chairmanship of the prefect of the region or of the alternate that it designates on a permanent basis, with the convocation to the members of the Supervisory Board at least ten working days before the scheduled date.
At the first meeting of the Board, the selection of the Chair and Vice-Chair shall be made from members of the Board. Candidates for these functions must, at least three working days before the board meeting in which the election is to be conducted, submit their nomination to the Commissioner of the Government and forward the statement referred to in R. 5312-19. If the candidates have not observed these formalities, their application is inadmissible. Presumably in the vote, the Commissioner of the Government shall inform the Supervisory Board of what a candidate, if elected, would appear to be likely to expose himself, in his or her functions as President or Vice-President, to the application of the provisions of Article 432-12 of the Criminal Code.
The term of office of the President and Vice-President of the Supervisory Board, for a period of five years, ends at the same time as that of the members of the Supervisory Board appointed by order.
However, the term of office of the Chair of the Supervisory Board shall expire at the latest when the licensee reaches the age of sixty-seven years.
In the event of absence or any other impediment, the Chair of the Supervisory Board is temporarily replaced in the fullness of his or her functions by the Vice-Chair.
The mandate of the Supervisory Board members is free of charge. Members of the Supervisory Board are entitled to reimbursement of costs that require the execution of their mandate. Reimbursement of these costs is made under the conditions set out by joint decision of the Minister for Maritime Ports and the Minister for Budget.
Each employee representative of the port on the supervisory board shall have a credit of seventeen hours and thirty minutes per month for the exercise of his or her mandate.
The members of the Supervisory Board, other than the elected representatives of the employees of the public institution, who abstained without legitimate reason to attend three consecutive meetings, are declared to be resigned by the Supervisory Board.
The members of the Supervisory Board shall notify the Commissioner of the Government of the Great Maritime Port within fifteen days of their appointment or designation, a statement stating:
1° The functions carried out by themselves and their unseparated spouses or the persons with whom they are bound by a civil pact of solidarity, in societies or organizations which, by virtue of their area of activity, may conclude agreements with the large seaport;
2° The list and the number of shares and social rights representing at least one twentieth of the capital or voting rights, owned by themselves, their spouses and minor children not emancipated in the same societies or organizations.
Any member who has not subscribed to this statement within the prescribed time limit to the Commissioner of Government shall, on the part of the Commissioner, be subject to a written request inviting him to file it within fifteen days. If the member fails to file a statement within this new time frame, the member is deemed to be a resigning member of the supervisory board.
Each year, the Commissioner of the Government requests the members of the Supervisory Board to report the changes to the elements contained in the statement referred to in the first paragraph of this section.
The Commissioner of the Government shall communicate to the Economic and Financial Control Authority the statements made by Council members and the amendments made thereto.
No agreement may, without the authorization of the supervisory board, be entered into directly or by person interposed between the large marine port and a member of that board or board or a corporation or agency that the member controls within the meaning of theArticle L. 233-3 of the Commercial Code, or of which he is a shareholder with a vote of more than 5%, or of which he is responsible, manager, administrator, or, in general, manager.
The same applies to any agreement between the port establishment and a corporation or agency mentioned in the declarations provided for in R. 5312-19.
The provisions of the first paragraph shall not apply to conventions relating to routine and normal operations. However, these last conventions are communicated by the interested member of the Supervisory Board or the Director to the President of the Supervisory Board, the Commissioner of Government and the Economic and Financial Control Authority. The list of these conventions and their purpose shall be communicated by the President to the members of the Supervisory Board and the auditors.
When the Commissioner of the Government or the Economic and Financial Control Authority considers that a member of the Supervisory Board or Management Board may be exposed to the application of theArticle 432-12 of the Criminal Code, he informs the supervisory board in writing.
The member of the supervisory board or interested directorate shall, by registered letter with notice of receipt, inform the President of the supervisory board, the Commissioner of the Government and the authority responsible for economic and financial control as soon as he or she is aware of a convention to which section R. 5312-20 is applicable.
This member cannot attend deliberation or take part in the vote and is not counted for the calculation of the quorum and majority. It also refrains from participating, as a member of the Supervisory Board or the Director, in all acts related to the negotiation and conclusion of the Convention.
The President of the Supervisory Board shall inform the auditors of any authorization for a convention. The auditors present, on these conventions, a special report to the Commissioner of Government and to the Economic and Financial Control Authority.
Without prejudice to the responsibility of the person concerned, the conventions referred to in article R. 5312-20 and concluded without authorization of the supervisory board may be declared null by the supervisory board or by joint decision of the minister responsible for the marine ports and the minister responsible for the economy, within three years from the date of the convention or, if the facts making article R. 5312-20 applicable to the convention have been concealed,
The Supervisory Board shall establish its rules of procedure. It may establish specialized commissions within it.
He is an audit committee. The Commissioner of the Government and the Economic and Financial Control Authority shall attend the meetings of this committee with an advisory vote. The Supervisory Board Chair is not part of the audit committee.
The audit committee assists the supervisory board in its function as a guarantee of the quality of internal control and the reliability of the information provided to the State. The Supervisory Board shall, within the limits of its powers, establish matters within the jurisdiction of the audit committee. These include, among other things, monitoring the effectiveness of internal control systems, monitoring the legal control of annual accounts and consolidated accounts, risks of significant out-of-pocket engagement, review and monitoring the independence of auditors.
The Supervisory Board shall meet on the convocation of its President at least twice a semester. The Chair of the Supervisory Board sets the agenda after consultation with the Chair of the Management Board. The Commissioner of the Government or the Economic and Financial Control Authority may request the President of the Supervisory Board to include on the agenda items on which they consider it necessary to provoke deliberation or information of that Assembly.
The council may only validly deliberate when at least half of its members in office attend the meeting. However, if this quorum is not reached, the board, which is convened on a new three-day convocation, shall deliberate validly whatever the number of members present.
The deliberations are taken by a majority of the votes cast. In case of equal sharing of votes, the President's voice is preponderant.
A member of the Supervisory Board may, by written special proxy, delegate to another member of the Board the power to vote in his place and place on the issues raised on the agenda. No member can hold more than one proxy.
The vote shall be held by secret ballot in the event of appointment or notice of designation. In these two cases, if, after two ballots, no candidate obtained the absolute majority, a third ballot was taken and the appointment or designation took place by the relative majority. On an equal basis, the appointment or designation is acquired to the oldest.
Minutes are signed by the President and the Vice-President. They mention the people present.
The members of the Executive Board shall attend the meetings of the Supervisory Board with an advisory voice.
Meetings are addressed to the Commissioner of the Government and to the Economic and Financial Supervisory Authority, along with the agendas and documents transmitted to Council members.
The Commissioner of the Government and the authority responsible for economic and financial control shall be called to the commissions established in the Council. They attend these commissions if they consider it useful.
The Supervisory Board may assist secretaries in the staff of the large seaport, who attend the sessions without taking part in the deliberations.
Are subject to prior approval by the Supervisory Board:
1° The strategic plan of the port referred to in Article L. 5312-13 and the annual report on its implementation;
2° The budget and its amendments, including changes in debt, wage and tariff policies and staffing;
3° The financial account and allocation of results for audit and control purposes;
4° Investments, transfers or extensions of financial participation;
5° The conventions referred to in article R. 5312-20, subject to the provisions of the last paragraph of the same article;
6° Any decommissioning of land, work or building in the public domain;
7° Disposals for an amount greater than a threshold fixed by the board;
8° The transactions referred to in section R. 5312-32 when their amount exceeds a threshold fixed by the board;
9° Bail, swallows and guarantees;
10° Investment transactions in excess of a threshold established by the Board;
11° General conditions for contracting of conventions and markets.
The deliberations of the Supervisory Board are forwarded to the Ministers responsible for marine ports, the economy and the budget. They are communicated at the same time by the President, the Commissioner of Government and the Economic and Financial Control Authority.
The Commissioner of the Government may, within eight days of the Supervisory Board meeting, object to the deliberations.
The opposition of the Government Commissioner shall be lifted within one month if the Minister for Maritime Ports has not confirmed it within that period.
The Supervisory Board may be disbanded by a reasoned decree taken on the report of the Minister for Maritime Ports, the Minister for Economics and the Minister for Budget.
Members of the Executive Board are appointed for a term of five years renewable. The Chairman of the Executive Board shall be appointed for a period of five years.
The Order appointing the President of the Management Board after the advice of the Supervisory Board is taken on the report of the Minister for Maritime Ports.
It is provided for the replacement of any member of the resigning directorate or prevented under the conditions of his or her appointment, for the remainder of his or her term of office.
The Chief Executive Officer is the Director General.
It may be terminated by order made on the report of the Minister for Maritime Ports, after a reasoned opinion or on the proposal of the Supervisory Board.
The Supervisory Board may terminate the functions of other members of the Executive Board, after a reasoned opinion or on a proposal from the Chairman of the Management Board.
The directorate establishes a rules of procedure that organizes its operation.
The members of the board may, with the authorization of the supervisory board, divide between them the duties of management. However, this distribution may not, in any case, have the effect of removing the organ character of the directorate to the general seaport.
The decisions of the Executive Board shall be taken by a majority of the members present, and the Director of the Board shall deliberate only if at least half of its members are present, including the President.
In case of equal sharing of votes, the President's voice is preponderant.
The decisions of the Executive Board are recorded by minutes kept in a special register. These minutes are signed by the president.
Pursuant to section L. 5312-10, the directorate shall, inter alia, exercise the following functions:
1° He proposes to the Supervisory Board the general directions of the institution's policy;
2° It prepares, submits to the Board's approval and implements the strategic project under section L. 5312-13;
3° It shall establish the budget and its amended decisions, and, after approval of the Supervisory Board, execute them;
4° He submits the institution's financial account to the supervisory board;
5° It sets out the annual report under Article R. 5312-31;
6° It ensures governance management;
7° It sets out the technical and financial conditions for public domain occupancy authorizations.
The directorate determines, if applicable within the limits set by the supervisory board, the use of funds exceeding the cash requirements and the placement of reserves.
He is responsible for the execution of the decisions of the supervisory board.
The Chair of the Supervisory Board shall prepare the Board's comments on the annual report to be submitted by the Director on the situation of the large marine port and the progress of the strategic project.
The report of the Executive Board, together with the Board's comments, is sent before June 30 to each of the Ministers responsible for the marine ports, the economy and the budget.
The Chairman of the Management Board appoints all the jobs of the port, manages and revokes the staff, makes available to their original administration officials placed in the seconded position of service and fixes the remuneration of the staff subject to compliance with the rules of guardianship.
The Chairman of the Board represents the great maritime port of law in all jurisdictions and in all acts of civil life.
It has the ability to enter into transactions under the conditions provided for by Articles 2044 et seq. of the Civil Code and within the limits set by the supervisory board. Transactions are subject to the prior agreement of the Commissioner of the Government and the authority responsible for economic and financial control over a threshold established by the Supervisory Board.
It carries out purchases and passes markets or processed.
It is a revenue and expenditure order.
The Director may, under his or her responsibility and in all matters, delegate his or her signature to the members of the Director.
It may also delegate it to one or more officers of the institution in their field of competence and responsibility.
The Chairman of the Board shall designate among the members of the board who shall exercise his or her plea in the event of absence or incapacity. It communicates this decision to the President of the Supervisory Board and the Commissioner of the Government. This designation is made by the Commissioner of the Government in the event of the vacancy of the office of Chairman of the Board.
The acts of a regulatory nature taken by the supervisory board or the directorate are published by way of registration in a register made available to the public at the headquarters of the large marine port and which is published electronically. Registration is certified by the director.
The number of members of the development council referred to in Article L. 5312-11 is determined by the decree establishing the port. This number is at least twenty and not more than forty.
This council consists of four colleges:
1° The College of Port Place Representatives, which includes 30% of Council members;
2° The college of representatives of the personnel of the enterprises carrying out their activities on the port, which includes 10% of the members of the board and is composed, at least for half, of representatives of the employees of the port handling companies;
3° The College of Representatives of Territorial Communities or their Groups located in the Port District, which includes 30% of Council members;
4° The college of qualified personalities interested in port development, which includes 30% of Council members. This College is composed, at least for a quarter, of representatives of approved environmental defence associations and, at least for a quarter, representatives of companies and managers of terrestrial transportation infrastructure.
The development council elects its president among its members.
The term of office of the members of the development council is five years.
The members of the first college of the development council are chosen from among the following categories: enterprises located on the port, shipping companies serving the port, navigation companies offices located on the port, pilots operating on the port, companies operating tools on the port, enterprises of harbour services active on the port, including carriers of handling, transit, consignation, exploitation of public rail warehouse of customs, shipping brokers, companies.
An order of the Prefect of the Region competent for the delimitation of the electoral district shall, after the advice of the territorially interested prefects, establish the list of territorial authorities or their groupings located in the electoral district of the port that have a representative under the third college.
Members of the fourth college of the development council are chosen from among the following qualified personalities: members of the representative bodies of the main industrial, commercial and agricultural branches of the areas served by the port, public institutions involved in the exchange of the port or interested in the development or operation of the port, public development institutions, members of approved associations of environmental protection, representatives of the commercial, railway or river transport companies, public institutions managers of marine infrastructures
Members of the first college of the development council are appointed by decree of the regional prefect.
Members of the second college of the development council shall be appointed by order of the prefect of the region. For the representatives of the employees of the handling companies, the regional prefect invites each of the representative trade union organizations designated for each port by the minister responsible for the marine ports, in agreement with the minister responsible for the work, to propose within fifteen days a list of candidates with at least three names. For representatives of employees of other companies, the regional prefect invites each of the departmental representative trade union organizations designated for each port by the Minister responsible for work to propose a list of candidates with at least three names.
Members of the third college of the development council are designated by the legislative assemblies of the respective territorial or groupings. They may designate an alternate.
Members of the fourth college of the development council shall be appointed by order of the prefect of the region.
The development council shall meet at least twice a year on the convocation of its president, possibly at the request of the supervisory board or the port's directorate. The members of the Executive Board, the President of the Supervisory Board, the Regional Prefect and the Maritime Prefect or their representatives, as well as the Commissioner of the Government and the Economic and Financial Supervisory Authority shall be entitled to the meetings of the Board.
It is mandatory to consult:
1° On tariff policy;
2° On the strategic project referred to in section L. 5312-13 before the deliberation of the Supervisory Board under section L. 5312-8 and its annual performance report.
The development council shall give, within one month, a reasoned opinion on matters before it by the supervisory board or on matters on which it is consulted. The one-month period runs from the referral. Where the notice is not given within the prescribed time limit, it is deemed favourable.
The views and deliberations of the development council are taken by a majority of the votes cast. In the event of equal sharing of votes, his president's voice is preponderant.
The development council shall develop its rules of procedure. It may establish standing committees with at least one representative from each college. Within the limits it sets, it may delegate its jurisdiction to issue the notices provided for in this article.
The functions of a member of the development council shall not be paid. However, the travel and residence costs of Council members may be reimbursed under the conditions provided for in the regulations applicable to State officials.
The large seaport provides the development council secretariat.
The inter-portal coordination board provided for in section L. 5312-12 includes:
1° Representatives of local authorities and their groups;
2° State representatives;
3° Representatives of the ports concerned;
4° Representatives of land infrastructure management institutions or the public institution responsible for waterway management;
5° Qualified personalities.
The chair of the council is designated among the members of this council by the decree creating each interportary coordination council.
The duration of the terms of reference of the members of the Interport Coordination Council is five years. The mandate may be renewed.
The members who have lost the quality under which they were appointed or appointed shall cease to be on board.
The mandates of the council members representing the territorial authorities end at the renewal of the assembly that appointed them.
It is provided for the replacement of a member whose seat becomes vacant by death, resignation, for one of the reasons mentioned in the preceding two paragraphs or for any other cause, for the remainder of his term.
The inter-portal coordination council meets at least twice a year on the convocation of its president.
It may be convened at the request of all representatives of the local authorities, the State or the institutions concerned.
The secretariat of the Council shall be provided in accordance with the terms defined by the decree establishing each inter-portal coordination board.
The inter-portal coordination board can only validly deliberate when at least half of its members in office attend the meeting. However, the proceedings taken following two successive summonses, eight days apart and duly observed, are valid regardless of the number of present.
The proceedings shall be taken by an absolute majority of the votes cast. In case of equal sharing of votes, the President's voice is preponderant.
The Minister for Maritime Ports designates a co-ordinator among the commissioners of the Government of the institutions concerned. The latter attends the deliberations of the interportary coordination board.
The Board's decisions are subject to the conditions set out in section R. 5312-25.
At the joint request of the supervisory boards and boards of directors of the ports represented in the interportary coordination board, a deliberation on the coordination document referred to in Article L. 5312-12 is included in the Council's agenda.
The Inter-port Coordination Board adopts the coordination document referred to in Article L. 5312-12, after having collected the advice of the supervisory boards or boards of the ports represented therein.
It shall review it within five years of its adoption or its previous revision.
Pursuant to the article L. 5312-12, an interportary coordination council is created between the major marine ports of Nantes-Saint-Nazaire, La Rochelle and Bordeaux. He takes the name of the Atlantic Interport Coordination Council.
Representatives of the territorial authorities and their groupings mentioned in the 1st of Article D. 5312-40 are:
1° A representative appointed by the Regional Council of the Pays de la Loire among its members;
2° A representative designated by the Poitou-Charentes Regional Council among its members;
3° A representative designated by the Aquitaine Regional Council among its members;
4° A representative appointed by the council of the urban community Nantes metropolis among its members;
5° A representative appointed by the council of the community of agglomeration of La Rochelle among its members;
6° A representative appointed by the council of the urban community of Bordeaux among its members.
The representatives of the State mentioned in the 2nd of Article D. 5312-40 are:
1° Le préfet de la région Pays de la Loire, préfet de la Loire-Atlantique, ou son représentant ;
2° The Prefect of the Poitou-Charentes region, prefect of Vienna, or his representative;
3° Le préfet de la région Aquitaine, préfet de la Gironde, ou son représentant.
The representatives of the ports mentioned in the 3rd of the article D. 5312-40 are the presidents of the council of the major marine ports of Nantes - Saint-Nazaire, La Rochelle and Bordeaux.
As representatives of the establishments mentioned in the 4th of Article D. 5312-40, the president of the public establishment Réseau ferré de France or its representative that he designates on a permanent basis.
The qualified personalities mentioned in the 5th of Article D. 5312-40 are:
1° A member designated by the supervisory board of the large maritime port of Nantes - Saint-Nazaire among the qualified personalities of this council;
2° A member designated by the Supervisory Board of the La Rochelle Grand Maritime Port among the qualified personalities of this council;
3° A member designated by the Supervisory Board of the Great Maritime Port of Bordeaux among the qualified personalities of this council;
4° A qualified personality appointed by the minister responsible for the marine ports because of his skills in activities relevant to ports, transport, development or economy. This personality presides over the board.
The major seaports of Nantes - Saint-Nazaire, La Rochelle and Bordeaux provide the coordinating council secretariat for one year and support its operating expenses. They prepare the deliberations of the council.
Pursuant to article L. 5312-12, an inter-portuary coordination council is created between the major marine ports of Le Havre and Rouen and the autonomous port of Paris. It takes the name of the Seine Interport Coordination Council.
Representatives of the territorial authorities and their groupings mentioned in the 1st of Article D. 5312-40 are:
1° A representative designated by the High-Normandy Regional Council among its members;
2° A representative designated by the Ile-de-France Regional Council among its members;
3° A representative appointed by the council of the Havre community of agglomeration among its members;
4° A representative appointed by the council of the community of agglomeration of Rouen among its members;
5° A representative appointed by the Paris Council serving as a municipal council member.
The representatives of the State mentioned in the 2nd of Article D. 5312-40 are:
1° Le préfet de la région Ile-de-France, préfet de Paris, ou son représentant ;
2° Le préfet de la région Haute-Normandie, préfet de la Seine-Maritime, ou son représentant.
The representatives of the ports mentioned in the 3rd of Article D. 5312-40 are:
1° The president of the council of the large maritime port of Le Havre;
2° President of the principalory of the great maritime port of Rouen;
3° The Director General of the Autonomous Port of Paris.
The representatives of the establishments mentioned in the 4th of Article D. 5312-40 are:
1° The president of the public establishment Réseau ferré de France or its representative that he designates on a permanent basis;
2° The Director General of the public establishment Waterways of France.
The qualified personalities mentioned in the 5th of Article D. 5312-40 are:
1° A member designated by the Supervisory Board of the Great Harbour of Le Havre among the qualified personalities of this council;
2° A member designated by the Supervisory Board of the great maritime port of Rouen among the qualified personalities of this council;
3° A member designated by the board of directors of the Autonomous Port of Paris among the personalities mentioned in the 7th of Article R. 4322-9;
4° A qualified personality appointed by the minister responsible for the marine ports because of his skills in activities relevant to ports, transport, development or economy. This personality presides over the board.
The large seaports of Le Havre and Rouen and the Autonomous Port of Paris, in turn, provide the secretariat of the interportary coordination board for one year and support its operating expenses. They prepare the deliberations of the council.
Articles R. 5313-23 to R. 5313-28 are applicable to major marine ports.
The Minister for Maritime Ports appoints a Commissioner of the Government to the Grand Maritime Port and may designate a Commissioner of the Deputy Government. In the event of the absence or incapacity of the Government Commissioner, his powers are exercised by the Deputy Government Commissioner.
The Commissioner of the Government ensures the compatibility of the directions and decisions adopted by the port authorities with the interests of which the State has the responsibility, in particular with regard to national port policy, environment and economic development. It checks the regularity of all operations of the supervisory board.
The Economic and Financial Control Authority is designated by the Ministers responsible for the Economy and Budget.
The Commissioner of the Government and the Economic and Financial Control Authority shall participate in the meetings of the Great Maritime Harbour Supervisory Board and shall attend meetings of the Development Board and its standing committees.
The strategic project includes:
1° Strategic positioning and institution development policy;
2° Economic and financial aspects, including the predictive means available to the institution to achieve its objectives, investment programmes and the policy of interest to employees;
3° Implementation provisions of Article 8 of Act No. 2008-660 of 4 July 2008 and the provisions of Article L. 5312-4, the terms and conditions for the operation of tools and the use of subsidiaries;
4° From the policy of development and sustainable development of the port, identifying the vocation of the various harbour areas, especially those with issues of protection of the nature of which it previews the modalities of management. This section of the strategic project includes the graphical documents referred to in Article L. 5312-13. It also deals with port relations with the communities in which it extends;
5° Des dessertes du port et de la politique du grand port maritime en faveur de l'intermodalité, notamment de la stratégie du port pour le transportrail et le transportfluvial.
The strategic project is presented by the directorate to the supervisory board accompanied by the advice of the development council and, for aspects that may concern the natural environments, of the opinion of the estuary scientific council for the estuaries mentioned to theArticle 16 of Act No. 2008-660 of 4 July 2008 carrying port reform.
It is transmitted to the Ministers responsible for the marine ports, the economy and the budget, after approval of the Supervisory Board.
With the exception of 4° and 5° of Article R. 5312-63, it is revised within five years of its adoption or previous revision. Sections corresponding to 4° and 5° of section R. 5312-63 are revised when the strategic or political positioning of the establishment requires it.
The review of the strategic project is carried out in the same manner as its development.
The agreement referred to in the first paragraph of section L. 5312-4 is given by the Minister for Maritime Ports and the Minister for Economics.
The list of activities or tools of national interest referred to in the third paragraph of section L. 5312-4 is established and notified by joint order of the Minister for Maritime Ports and the Minister for Economics.
The large maritime port concludes a multi-year contract with the State and, where applicable, with the territorial authorities concerned or their groupings. The purpose of this contract is to clarify the modalities for the implementation of the strategic project in their respective areas of competence. It also deals with the policy of dividends paid to the State.
The major marine ports are subject to the provisions of headings I and III of Decree No. 2012-1246 of 7 November 2012 on budgetary and public accounting management, with the exception of 1° and 2° of Article 175, articles 178 to 185, 204 to 208 and 220 to 228.
The accounting officer shall be appointed by joint order of the ministers responsible for the marine ports and the budget, after advice from the supervisory board.
Revenues and advances may be created under the conditions set by the Decree No. 92-681 of 20 July 1992 relating to revenue-based authorities and public bodies' advances.
With the agreement of the Minister responsible for the budget, the President of the Executive Board may authorize the accounting officer to pay, without his prior intervention and within the approved appropriations, certain small expenses. These expenses are paid either directly by the accounting officer or, under his or her responsibility, by certain agents of the large marine port designated after his or her agreement by the manager. The accounting officer is required to justify each month expenditures. In the light of the justifications provided, the Director issued a regularization title on behalf of the accounting officer.
As part of the certification of annual accounts, the auditor(s) referred to in section L. 5312-8 shall be appointed by the Minister responsible for the economy on the proposal of the Supervisory Board.
If the large seaport establishes consolidated accounts, the two auditors and two alternates at least, as provided for in theArticle 30 of Act No. 84-148 of 1 March 1984 on the prevention and amicable resolution of business difficulties, are appointed by the Minister responsible for the economy on the proposal of the Supervisory Board.
Auditors of major seaports shall carry out their mission under the conditions provided for in the Title II of Book VIII of the Commercial Code.
The large marine port shall bear as a supporting document a separate result account for activities carried out under 2° of Article L. 5312-4.
The directorate shall prepare and submit to the Supervisory Board for approval the budget for the following fiscal year. It has two separate sections, one for expenditures and operating revenues, the other for capital transactions.
The budget is forwarded to the ministers responsible for marine ports, the economy and the budget before December 1 of the year before the opening of the fiscal year.
The budget is prepared by calendar year.
Capital transactions can result in phased execution forecasts over several years.
If the budget is not yet approved at the opening of the fiscal year, the directorate may nevertheless, unless opposed by the authority responsible for economic and financial control, within the resources available to that effect, the previously authorized expenditures and order the corresponding payments.
It may, within the limits of the forecasts adopted by the Supervisory Board and the appropriations approved for the previous year, commit, except as opposed to the Economic and Financial Control Authority, the expenses necessary for the continuity of management.
Changes to the recognized budget required during the year are agreed and approved in the same forms.
In the course of the year, a follow-up to the performance of the budget, including an analysis by post of variances with the forecast, is communicated to the Supervisory Board at least twice a year.
Except for the contracts with the economic interest group referred to in Article R. 5313-75, the contracts and framework agreements of the major marine ports are subject to Public procurement code, with the exception of articles 125 and 126 for markets that do not give rise to a financial participation of the State.
A regulation adopted by the Supervisory Board includes:
1° The composition and operating modalities of the tendering board of the large seaport;
2° The rules of advertising and competition of contracts passed according to the appropriate procedure.
It may provide for the terms and conditions for the establishment and operation of a contract advisory board to assist the large seaport for the development or transfer of its markets.
The regulation is submitted, after its adoption by the Supervisory Board, to the approval of the Commissioner of Government and the Economic and Financial Control Authority. The approval shall be deemed to have been granted, if no objection on their part, within two months of the referral.
Port rights whose perception is authorized for the benefit of the large marine port are recovered by the customs administration, in accordance with the 4 of section 285 of the Customs Code. The fees for the collection and procedure for these rights are borne by the large seaport under the conditions laid down by the Minister responsible for the budget.
The proceeds of the duties are paid to the port by Customs service. Customs services provide the information necessary to track revenues to the large seaport.
The large marine port acquires, by way of expropriation or by way of expropriation, buildings useful to its development, after consultation with the departmental director or, where applicable, regional public finances under the conditions fixed by the articles R. 1211-1 to R. 1211-8 of the general public property code.
Remissions of property to the port provided for in articles R. 5312-5 to R. 5312-8 do not alter the legal regime of land, structures and equipment with respect to the police of their conservation.
The large seaport and the State enter into a convention that provides for the application of the second paragraph of Article 15 of Law No. 2008-660 of 4 July 2008 carrying port reform, in particular with regard to the calculation and payment of the sum due to the State.
The large marine port shall transmit to the Minister responsible for the budget, no later than June 30 of each year, a statement of assignments referred to in the second paragraph of section 15 of that Act which occurred under the previous year.
Subject to the provisions of Article R. 5312-82, the large seaport is subject to the economic and financial control of the State provided for by the Decree No. 55-733 of 26 May 1955 relating to the economic and financial control of the State.
The financial account shall be sent to the Court of Auditors by the President of the Supervisory Board within two months of its approval by the Supervisory Board.
For the purposes of section R. 5312-62, the Commissioner of the Government directly corresponds to the needs of the service with the Chair of the Supervisory Board and the Chairman of the Management Board.
He becomes aware of the projects in preparation and of all the documents he deems necessary to carry out his missions.
The Commissioner of the Government shall transmit to the Minister for Maritime Ports his comments on the annual report of activity submitted to the Supervisory Board.
The Economic and Financial Control Authority shall submit to the Ministers responsible for the Economy and Budget an annual report on the economic and financial situation of the Great Maritime Port. This report is forwarded to the Director.
The Commissioner of Government and the Economic and Financial Control Authority shall communicate their respective reports prior to transmission to the Ministers.
Where the financial participations to be given, to be taken or to be extended as decided under Article L. 5312-3 are in excess of a threshold set by joint decree of the Ministers responsible for the marine ports, the economy and the budget, approval shall be made jointly by these Ministers. This approval shall be deemed to have been acquired without objection from one of them notified within two months of the later date of receipt of the application by the latter.
Subject to operating cases governed by Article L. 5312-4, the terminals of the port are operated by operators, with whom the large marine port passes terminal conventions, under the conditions provided for in Article R. 5312-84.
Without prejudice to the provisions of the articles 7, 8 and 9 of Act No. 2008-660 of 4 July 2008 on port reform, the terminal conventions are concluded after an open, transparent and non-discriminatory procedure.
These conventions which are authorised to occupy the public domain are passed with the chosen operator(s). They relate to the operation and, where appropriate, the completion of a terminal that includes the equipment and facilities required for ship landing, boarding, handling and storage operations related to ships. They can also understand the realization of docks or arrangements for this terminal. They may include objectives for the development of traffic and sanctions, which may go to the termination without compensation of the convention, in the event that these objectives are not achieved. Monitoring indicators are used to determine whether the targets are met.
The attribution of terminal conventions must not have the effect of altering the conditions of competition. This is analyzed based on the relevant market for each type of traffic.
A decree of the ministers responsible for the marine ports and the economy specifies the points that must be included in the terminal convention.
The provisions of Article R. 5313-69 relating to the work of the State are applicable to major marine ports.
For the work to be carried out in the context of the missions defined in Article L. 5312-2 without the financial assistance of the State and not initiating any essential modification in the access or works of the port, the large marine port shall decide definitively.
The provisions of Article R. 5313-73 relating to the annual programme of work expenses shall apply to major marine ports.
A large maritime port may not carry out an investment project at the request of the State, a territorial authority, a grouping of territorial authorities or a local or national public body, unless the project is the subject of a financial competition from the applicants to avoid any negative consequences on the accounts of the port during the amortization period of that investment.
Every three years, if necessary in consultation with other ports of the same maritime façade, the directorate shall establish a plan for the reception and processing of ship-operating wastes and cargo residues to meet the needs of vessels using the port.
A joint decision of the Minister for Maritime Ports and the Minister for the Environment defines the content and modalities for the development of this plan, including the identification of usable needs and facilities, reception procedures and the pricing system.
The plan for the reception and processing of ship and cargo waste is approved by the prefect of the department in which the main port facilities are located.
In the event of a significant change in operating conditions of the port having an impact on the requirements of port waste reception facilities and cargo residues, the plan is updated and approved under the same conditions as the original plan.
When a large seaport is substituted for a State-owned port, the plan for the receipt and processing of ship and cargo waste remains in force until the scheduled date of its revision.
The provisions of articles R. 5313-75 and R. 5313-76 relating to dredging equipment are applicable to major marine ports.
The large marine port may be responsible, at the request of the directorate, for the management of public services related to the reception of ships, within the administrative limits of the port established under section R. 5311-1 or for access to it.
Joint Orders of the Minister for Maritime Ports and interested Ministers set the conditions for the delivery of these services to the large seaport and the rules of their operation.
The Minister for Maritime Ports may, after the advice of the Supervisory Board, entrust by order to the large marine port, for the purposes of an additional services, the management of a marine service or a navigation service to which it defines consistency.
In the exercise of this activity, the president of the directorate reports directly to the authority of the minister responsible for the marine ports and the personnel of the large seaport act on behalf of the State.
When, within the framework set out in Article L. 5312-4, the large seaport operates on the basis of tools, the proposed setting or modification of the tariffs and the conditions for the use of the equipment managed by the large seaport is displayed for fifteen days in the places of the port mainly frequented by the users, or information distributed electronically and accessible to the users of the port. It is transmitted to the development council.
The rates are fixed by the policy.
The decree in the Council of State creating an autonomous port is taken on the report of the Minister responsible for the marine ports after the advice of the Minister of Economy, the Minister of Interior and the Minister responsible for the industry.
The port receives the name of the main port included in the public establishment. However, if this establishment includes several important ports, its name may include the enumeration of these ports.
For autonomous ports substituted for non-self-governing ports, the decree sets the date for the implementation of the new regime.
The Order in Council in Council of State provided for in Article L. 5313-3 and determining the riding of the autonomous port is taken on the report of the Minister for Maritime Ports, the Minister for Industry and the Minister for Economics.
The Minister for Maritime Ports, at the same time as he submits to the opinion of the Ministers mentioned in article R. 5313-1 the draft decree establishing the autonomous port, initiates the procedure for pre-instruction to the determination of the port district.
The prefect of the department of the main port shall, on the proposal of the director of the existing autonomous port or the director of the interested port, establish the file to be submitted to the instruction.
This file contains a record indicating:
1° The electoral boundaries of the future autonomous port;
2° If applicable, the date on which the autonomy regime defined in this chapter will be substituted for the self-government regime previously in force;
3° If the riding of the autonomous port to be created includes one or more ports, the list of harbour councils that must be consulted;
4° The list of public authorities, services and public institutions interested in consulting. Interested public authorities are the regions, departments, municipalities and relevant inter-communal cooperation institutions in the area of space development in which the electoral district of the autonomous port extends;
5° A plan showing the perimeter of the autonomous establishment on both the sea and the land side.
The file is submitted without delay with a supporting report for the approval of the Minister for Maritime Ports. He invites the prefect to conduct the instruction, without consultation with the local nautical commission.
The Prefect shall, within the maximum period of fifteen days after the completion of the instruction, report to the Minister for Maritime Ports and to the Prefect of Region.
The limits of the electoral district of an autonomous port may be amended on the proposal of the board of directors by decree in the Council of State under the conditions laid down in article R. 5313-2 and in accordance with the procedure defined below.
The Director of the Autonomous Port establishes a file to be submitted to the instruction that includes:
1° Description of future port electoral boundaries and justification for the proposed amendments;
2° A plan on which the perimeter of the autonomous establishment is located, both on the sea side and on the land side, showing the modifications that are envisaged to the existing limits;
3° The list of interested public authorities, services and public institutions.
The file, after agreement of the Board of Directors, is submitted without delay to the approval of the Minister for Maritime Ports. It invites the director of the autonomous port to conduct the instruction, without consultation with the local nautical commission or opening of a mixed instruction.
Within fifteen days of the completion of the instruction, the Director of the Autonomous Port shall address the file, supplemented by the notices issued and, failing that, the documentation of the consultations, and the report of instruction to the Minister responsible for the marine ports and to the prefect of the region.
In the case where the autonomous port is substituted for one or more non-self-governing ports, the State shall give it free of charge on the date fixed for the implementation of the new regime:
1° The administration and enjoyment of land and water surfaces, whether conceded or not, belonging to the public domain, including in the electoral district of the autonomous port and marine buildings and structures dependent on the public domain that exist on these land and water surfaces;
2° The administration and enjoyment of land belonging to the private domain of the State, assigned to the service of equipment responsible for the management of the non-self-governing ports and included in the electoral district of the autonomous port, as well as works, buildings and equipment having the character of buildings by destination, dependent on the service of the equipment mentioned above and necessary for the maintenance, operation and work;
3° Ownership of other materials, furniture and supplies of the same service and used for the same purposes.
However, the land, buildings, furniture, equipment and supplies of the lighthouses and beacons are excluded from these discounts.
The discounts are made in the state where, on the day of the substitution of the new autonomy regime to the existing regime, all buildings and movable objects are located.
The date on which, under the conditions set out in section L. 5313-4, the handover of the assets and liabilities of the Chambers of Commerce and Industry referred to in the same article shall take effect is the date on which the new autonomy regime is replaced by the previous regime.
The provisions of Article L. 5313-4 shall apply to concessions and organized services of public institutions or associations of any kind formed between the chambers of commerce and industry of the district of the port.
The assets referred to in the same article include the participations that the Chambers of Commerce and Industry have taken under the account of port rights, organized services and concessions in organizations of all kinds.
In each of the rebates provided for in articles R. 5313-6 and R. 5313-7, a descriptive inventory of land, structures, buildings, as well as equipment included in the rebate is drawn up. For State discounts, this inventory is divided into two relative parts, the first to the public domain, the second to the private domain.
There is also a conflicting statement of assets other than those mentioned in the preceding paragraph and held by the Chambers of Commerce and Industry under the account of port rights, organized services and concessions, as well as all the assets of this nature held by the existing autonomous port. These assets include free funds, deposits, portfolio values and claims of all kinds.
This inventory also covers expenses and obligations related to the assets handed over and transferred.
Disputes that could result in the establishment of inventories are settled by the Minister for Maritime Ports and the Minister concerned.
The board of directors of an autonomous port, whose composition is fixed by the decree in the Council of State which establishes it, includes:
1° Two members designated by the boards of commerce and industry of the port district, at least one of which must be chosen, in or outside these chambers, among the categories of users listed in R. 5313-10;
2° A member designated by the regional council of the region in which the main city of the port district is located;
3° A member designated by the general council of the department in which the main town of the port district is located;
4° A member designated by the municipal council of the main city of the port district;
5° Two members representing either territorial authorities or territorial public institutions, or a territorial community and a territorial public institution interested in the operation of the port, whose designation belongs to the legislative assemblies of these communities or institutions;
6° Five members representing employees of the autonomous port, including a representative of engineers, chiefs of service and administrative, commercial or technical frameworks similar to classification;
7° A member representing the dockers of the port;
8° Three members representing the State, including:
(a) A member of the Council of State, presented by the Vice-President of the Council of State;
(b) A representative of the Minister responsible for the economy, presented by this minister and selected from the active officials of his department;
(c) The prefect of the region in which the main city of the autonomous port is located, or its alternate that it designates on a permanent basis;
9° Three personalities selected from a list of five port users belonging to the categories listed in section R. 5313-10, jointly prepared by the boards of commerce and industry;
10° Seven personalities chosen as a result of their competence in the problems of ports, shipping, transport, regional economy or national economy, of which at least four must belong to the categories of users mentioned in R. 5313-10.
The members of the board of directors listed from 7° to 10° above are appointed by decree taken on the report of the minister responsible for the marine ports.
The categories of users among whom some members of the board of directors are appointed or appointed pursuant to 1°, 9° and 10° of section R. 5313-9 are:
1° Main industrial, commercial and agricultural enterprises in the areas served by the port;
2° French arming, French navigation companies agencies, merchant marine professionals such as ship captains, pilots and sailors of the merchant marine;
3° Land-based transport companies, public equipment dealers, port services companies, including shipping, transit, consignation, customs public warehouse operations, shipping brokers.
Employee representatives must meet the conditions prescribed by theArticle 15 of Act No. 83-675 of 26 July 1983 on democratization of the public sector. Other members of the board of directors must be of French nationality or nationals of one of the Member States of the European Union and enjoy their civil and political rights.
The terms of reference of the members of the board of directors appointed under the 1st to 5th of section R. 5313-9 shall be terminated upon the renewal of the assembly that appointed them.
The term of office of the other board members is five years. It can be renewed. Where circumstances so require, this mandate may be extended by order for a period not exceeding three months.
The dates of the beginning and end of the term are set by the decree of general renewal of the representatives of the State, qualified personalities and the representative of the workers of the port.
The dates of commencement and termination of the term of office of the members designated pursuant to Article 6 R. 5313-9 are the same as those set out in the previous paragraph.
The members who lost the quality in which they were appointed or appointed cease to be on board. Subject to provisions of Article 16 of Act No. 83-675 of 26 July 1983, it is provided upon replacement until the normal expiry of their term.
In the event that a Chamber of Commerce and Industry has not designated its or its representatives within one month of the day on which it was invited by the Minister for Maritime Ports, it is provided for this designation by an order made on the joint report of that Minister and the Minister for Chambers of Commerce.
The number of members of the board of directors appointed by decree who have exceeded the age of sixty-five cannot exceed one third of the total number of such members. When this proportion is exceeded, the oldest of the members appointed by decree is deemed to be resigned ex officio.
Upon the issuance of the decree establishing an autonomous port, the minister responsible for the marine ports initiates the procedure for the formation of the board of directors.
For the designation of members referred to in 10° of section R. 5313-9, the Minister for Maritime Ports shall consult the Chambers of Commerce and Industry represented in the Council, whose notice must be provided within fifteen days.
The same period applies to the establishment by the Chambers of Commerce and Industry of the list referred to in 9° of section R. 5313-9.
The replacement or renewal of the members of the board of directors referred to in 9° and 10° of section R. 5313-9 shall be done according to the same procedures.
The representatives of the employees of the port shall be elected in accordance with Act No. 83-675 of 26 July 1983 on the democratization of the public sector and Decree No. 83-1160 of 26 December 1983 taken for its application.
Prerequisitely to the designation of the representative of the docker workers of the port, the director of the port invites each of the representative trade union organizations designated for each port by the minister responsible for the marine ports, in agreement with the minister responsible for the work, to propose within fifteen days a list of candidates with at least three names. Candidates may only be nominated by the workers, team leaders or foremen employed in handling operations on the docks of the electoral district ports for at least three years.
The Board of Directors shall elect a Vice-President from among its members.
Members of the board of directors are entitled to reimbursement of the costs required to carry out their mandate. Reimbursement of these costs is made under the conditions set out by joint decision of the Minister for Maritime Ports and the Minister for Budget.
Each representative of the employees of the port on the board of directors has a credit of twenty hours per month for the exercise of his or her mandate. This credit is increased to 25 hours for employees who are members of the steering committee.
The members of the board of directors, other than the elected representatives of the employees of the public establishment, who abstained without legitimate reason to attend three consecutive meetings, are declared to be resigned by the board of directors.
The vacancy of members of the board for death, resignation, term of office or for any other cause shall be urgently extended by the President of the board of directors to the attention of the Minister responsible for the marine ports to be provided for the replacement of those members for the remaining time of their term, without prejudice to the provisions of sections R. 5313-12 and R. 5313-13 and section 16 Act No. 83-675 of 26 July 1983.
The members of the board of directors shall send to the Commissioner of the Government to the autonomous port, within fifteen days of their appointment or designation, a statement stating:
1° The functions performed by themselves and their unseparated spouses in societies or organizations which, as a result of their sector of activity, may conclude agreements with the autonomous port;
2° The list and the number of shares and social rights representing at least one twentieth of the capital or voting rights, owned by themselves, their spouses and their minor children not emancipated in the same societies or organizations.
The list of areas of activities mentioned above is set by joint decree of Ministers responsible for the marine ports and the budget.
Any member who has not subscribed to this statement within the prescribed time limit to the Commissioner of Government shall, on the part of the Commissioner, be subject to a written request inviting him to file it within fifteen days. In the absence of a statement in this new period, the member is declared a resignation by the board of directors.
Any change in the elements contained in the statement referred to in the first paragraph of this article shall be forwarded to the Commissioner of the Government.
The Commissioner of the Government shall communicate to the Economic and Financial Control Authority the statements made by Council members and the amendments made thereto.
As soon as a member of the board of directors is aware of a draft agreement between the port and a company or agency mentioned in the declaration that he has subscribed in accordance with section R. 5313-18, he shall notify, by registered letter with request for notice of receipt, the Commissioner of the Government and the authority responsible for economic and financial control. It refrains from participating in all acts relating to the negotiation and conclusion of this convention.
When they have received a notice pursuant to the first paragraph or when they consider that a member of the board of directors may be exposed to the application of theArticle 432-12 of the Criminal Codethe Commissioner of the Government and the Economic and Financial Control Authority shall, in writing, inform the Board of Directors.
The approval of any agreement referred to in the written communication referred to in the preceding paragraph shall be submitted to the Board of Directors. The member of the board of directors concerned shall not attend the deliberation or participate in the voting on the convention.
The board of directors may be disbanded on the report of the Minister for Maritime Ports and the Minister for Economics and Finance by a reasoned decree made in Council of Ministers. It is, in this case, temporarily replaced by a delegation established by the same decree and charged with expediting current affairs.
The Order appointing the Director of the Port is made in Council of Ministers, on the report of the Minister responsible for the marine ports, after advice from the Board of Directors.
The Director may not be terminated, other than on his request, by a deliberate decree in the Council of Ministers, taken on the report of the Minister for Maritime Ports, after notice or on the proposal of the Board of Directors.
To exercise the option faculty provided for in Article L. 5313-12, any worker dependent on the pension plan defined by the Decree No. 2004-1056 of 5 October 2004 concerning the pension regime of workers of the industrial establishments of the State, which passes to the service of the autonomous port has a period of six months from the publication of the decree in the Council of State creating the autonomous port.
The wages and regulatory allowances of workers dependent on the pension regime applicable to workers of state industrial establishments are reimbursed to the State by the port as a competitive fund. This provision takes effect from the application of the new regime of autonomy.
Staff members, dependent on Decree No. 2004-1056 of 5 October 2004 relating to the pension scheme of workers of the industrial establishments of the State, which opts for its connection to the regime of the staff of the autonomous port is removed from the framework to which it belonged on the date of registration of its option.
The officers referred to in article R. 5313-24 who, at the time of the change in their status, have completed fifteen years of effective civil and military services are entitled to a pension under the provisions of the Decree No. 2004-1056 of 5 October 2004 relating to the pension scheme of workers of state industrial establishments.
The provisions of Decree No. 50-133 of 20 January 1950 relating to old-age insurance coordination rules are applicable to agents referred to in R. 5313-24.
The agents mentioned in article R. 5313-24, who, at the time of the change of their status, have performed less than fifteen years of actual civil and military services, are affiliated with the regime of the supplementary pension institution of non-State and local government officials (IRCANTEC) for the period during which they were under the pension scheme of workers of state industrial establishments.
The special pension fund of the workers of the state industrial establishments remits to the IRCANTEC all the corresponding contributions.
The staff of the public constraint concessions of the Chambers of Commerce and Industry or the existing autonomous port staff is integrated into the services of the autonomous port on the date fixed for the substitution of the new regime to the previously in force regime.
With a view to this integration and upon intervention of the decree establishing the autonomous port, the port director consults the Chambers of Commerce and Industry concerned, concessionaires of public equipment, with a view to establishing the nominative list, by function, of the personnel referred to above. This list is communicated to representatives of interested staff who must make their comments within 15 days. The Port Director shall forward the final list, with his report, within one month to the Minister for Maritime Ports and the Minister for Industry. In the event of a dispute regarding the integration of certain members of the Chambers of Commerce and Industry staff, it is decided by joint decision of the two Ministers.
In particular, personnel of the autonomous port shall apply from the date fixed in the first paragraph of this article:
1° The collective agreement of maritime autonomous port personnel and trade and industry chambers dealerships in the marine ports of trade and fishing; the Convention shall include the following:
(a) The collective agreement itself to which is attached an annex No. 1 composed of the classification tables of categories A workers, B masters, D and E administrative and technical personnel, and an annex No. 2 forming pension regulations;
(b) An annex No. 3 applicable to the category F frames and engineers and the classification table for these officers;
(c) The schedule forming a special agreement applicable to engineers and senior managers and the classification table for these officers;
2° Adjudicators and wage agreements made following this collective agreement;
3° For the port of Marseille, the Decree No. 59-809 of 4 July 1959 relating to the pension plan of the staff holding the Marseille Chamber of Commerce;
4° For the port of Le Havre, the Decree No. 62-152 of 18 January 1962 relating to the pension plan of the staff holding the Chamber of Commerce and the autonomous port of Le Havre.
Workers dependent on the pension plan defined by the Decree No. 2004-1056 of 5 October 2004 relating to the pension regime of workers of the industrial establishments of the State who opted for the conservation of its status is not subject to the collective agreement.
The accounting officer, Chief Accounts Services Officer, is appointed by order of the Minister of Economy and Finance and the Minister responsible for Maritime Ports after advice from the Board of Directors.
His remuneration is fixed by the Minister of Economy and Finance after the advice of the Board of Directors.
Secondary accountants may be appointed under the same conditions.
A member of the General Council on Environment and Sustainable Development is appointed by the Minister for Maritime Ports as Commissioner of the Government at the Autonomous Port. It ensures the compatibility of the policies and decisions adopted by the port authorities with the interests of which the State has the responsibility, in particular with regard to national port policy, environment and economic development. He verifies the regularity of all the operations of the board of directors and the instances to which he delegates competence.
The economic and financial control authority, designated by the Minister of Economy and Finance, exercises budgetary control over the autonomous port.
Both are called to the Board of Directors and have an advisory vote.
Upon its formation or renewal, the board of directors shall meet on the convocation and under the chairmanship of the prefect or alternate that it designates on a permanent basis assisted by the Director of the port, the summons being addressed to the members of the board of directors at least ten working days before the scheduled date.
At the first meeting of the Board, the election of the office composed of the Chair, the Vice-Chair and the Secretary selected from the members of the Board shall be made. Applicants to serve as members of the office must, at least three working days before the board meeting in which the office must be elected, be made known to the Commissioner of Government and forward the statement referred to in R. 5313-18. If the candidates have not observed these formalities, their application is inadmissible. Prerequisitely to vote, the Commissioner of the Government shall inform the board of directors of what a candidate, if elected, would appear likely to expose himself, in his or her functions as a member of the office, to the application of provisions of Article 432-12 of the Criminal Code.
The term of office members ends at the same time as those appointed by decree. Except as a chair of the age limit rules, the term of office of these members expires with their terms of reference as a member of the board. The outgoing members of the office are eligible for re-election.
The Board of Directors may adjoin the Secretary of Auxiliary Secretaries in the staff of the autonomous port who attend the sessions without taking part in the deliberations.
The board of directors shall establish its rules of procedure. He may set up a steering committee within him. The Commissioner of the Government and the Economic and Financial Control Authority shall attend the meetings of this committee with an advisory vote.
The composition of the steering committee, the nomenclature of cases that are of its jurisdiction and for which its decision appoints the board, as well as all the provisions that are relevant to its operation, are determined by the board of directors.
The board of directors may delegate some of its powers, either to the steering committee or to the port manager.
However, there is no delegation:
(a) Approval of the budget and annual accounts;
(b) Approval of the organization and operation plan for autonomous port services, as well as staffing tables;
(c) The setting of general conditions of staff remuneration;
(d) The approval of markets in excess of a number fixed by decree of ministers responsible for the marine ports and the economy and finances;
(e) The setting of the conditions and prices of tools managed by the port;
(f) The approval of financial holdings, transfers or extensions;
(g) Approval of the conditions of loans and loans;
(h) Approval of the file relating to the amendment of the electoral boundaries provided for in section R. 5313-5;
(i) Approval of the conventions referred to in the written communication referred to in R. 5313-19;
(j) Approval of the transactions provided for in Article R. 5313-38 when their amount is greater than 100,000 euros;
(k) Consideration of terminal operating agreements under section R. 5313-81.
Can only be delegated to the steering committee, setting up the salaries of personnel whose scales are not fixed by collective agreements.
The board of directors shall meet, on the convocation of its president, at least once every two months.
The council may only validly deliberate when at least half of its members in office attend the meeting. However, the proceedings taken following two successive summonses, three days apart, and duly observed, are valid regardless of the number of members present.
The proceedings shall be taken by an absolute majority of the voting. In case of equal sharing of votes, the President's voice is preponderant.
The vote shall be held by secret ballot in the case of appointment or notice of designation. In both cases, if, after two secret ballots, no candidate obtained the absolute majority, a third ballot was taken and the appointment or designation took place by the relative majority. In the event of an equal vote, the appointment or designation is acquired to the oldest.
The minutes are signed by the president and the secretary. They mention the people present.
The Director shall assist in the meetings of the Executive Committee and the meetings of the Board of Directors.
Meetings are scheduled to be addressed in a timely manner to the Regional Prefect, the Government Commissioner and the Economic and Financial Control Authority. They are accompanied by the agendas and documents that are forwarded to the members of the board of directors.
The Economic and Financial Control Authority may request the President of the Board of Directors to include on the agenda items on which it considers necessary to provoke a deliberation of this Assembly.
The Commissioner of the Government and the authority responsible for economic and financial control shall be called to the commissions established within the board. They attend these commissions if they consider it useful.
The Board of Directors' deliberations are forwarded to the Minister for Maritime Ports and to the Minister of Economy and Finance. They are communicated at the same time by the President, the Commissioner of Government and the Economic and Financial Control Authority.
Deliberations on objects on which the board is finalizing become of full enforceable right if the Commissioner of the Government does not object therein within eight days of the meeting of the board of directors if he has attended, or the receipt of the minutes of the meeting.
Except as confirmed by the Minister responsible for the marine ports within one month of the opposition of the Commissioner of the Government, the Government shall be lifted in full right.
The chair of the board of directors exercises permanent control over all port management. It ensures that the decisions taken by the board are implemented.
It prepares the report that the board of directors must report annually on the situation of the port and the state of the various services. The Council's report, together with an excerpt from the minutes of the discussion, is sent before April 1 to each of the Ministers responsible for the marine ports, the economy and the finances, the industry and the merchant marine.
In the event of absence or any other impediment, the Chair of the Board of Directors is temporarily replaced in the fullness of his or her duties by the Vice-Chair or, if he or she fails, by a member designated by the Board.
The Director is the executing officer of the Board of Directors in all matters that are within the jurisdiction of this Assembly. He shall exercise the powers delegated to him under section R. 5313-33.
He reports to the Chair of the Board of Directors on the decisions he made by delegation of that Board.
By complying with the laws, general or special regulations to certain categories of agents as well as the conventions in force, the Director shall appoint to all employment in the port, manages, revokes and terminates staff, shall make available to their original administration officials placed in the detached position and shall determine the remuneration of staff within the limits established by the board of directors, subject to compliance with the rules of guardianship.
The Director represents the autonomous port of law before all courts and for all acts of civil life.
It has the ability to enter into transactions under the conditions provided for by Articles 2044 et seq. of the Civil Code and by the rules of procedure of the board of directors. Transactions are subject to the prior agreement of the Government Commissioner and the Economic and Financial Control Authority. When their amount exceeds 100,000 €, they are also subject to the prior agreement of the board of directors.
The Director proceeds to purchases and passes contracts or processed.
The Director ensures financial management of the autonomous port; it is the main port orderer. Secondary ordinators may be instituted, on its proposal, by joint decision of the Minister for Maritime Ports and the Minister for Finance. He's keeping the accounting for the commitment to spending. It issues the orders of receipts and expenses that it transmits to the accounting officer.
The Director shall determine, within the limits set by the Board of Directors, the use of funds exceeding the cash requirements and the placement of reserves.
The Director shall, within the limits of the port district, carry out a general action on all public services in matters that are directly relevant to the operation of the port.
The conditions under which this action is carried out are specified, for public services dependent on a ministerial department other than the marine ports, by a joint order of the minister responsible for the marine ports and the minister concerned.
The Director corresponds directly with the Ministers for matters falling within their responsibilities and of interest to the marine establishment without the competence of the board of directors. It addresses amplification to the Minister responsible for the marine ports of correspondence exchanged with other ministers.
The Director may, under his or her responsibility, delegate his or her signature to one or more officers of the establishment.
In the event of absence, the Director shall be replaced by a senior executive of the port establishment designated in advance by the Minister responsible for the marine ports after notice of the board of directors.
In the event that the absence is extended, an interim director may be designated by order made on the report of the Minister responsible for the marine ports either on the initiative of the Minister after the advice of the Board of Directors or on the initiative of the Board of Directors itself.
The autonomous port is subject to the provisions of headings I and III of Decree No. 2012-1246 of 7 November 2012 on budgetary and public accounting management, with the exception of 1° and 2° of Article 175, sections 178 to 185, 204 to 208 and 220 to 228.
It is developed a common accounting plan, applicable to all autonomous ports.
This accounting plan includes:
1° The applicable rules for the valuation and re-evaluation of capital assets;
2° The nature of depreciable capital assets to be individualized in the balance sheet;
3° The rules for calculating depreciation and provisions;
4° Inventory assessment methods;
5° Standards for the development of operational accounting, so as to ensure the knowledge of return prices based on homogeneous bases.
The accounting plan is approved by a joint order of the Minister for Maritime Ports and the Minister for Finance, after notice of the Authority of Accounting Standards.
The board of directors of the autonomous port shall submit annually to the approval of the Minister for Maritime Ports and the Minister for Finance a budget prepared in accordance with a model agreed by the latter, comprising two separate sections, one for expenditures and operating revenues, the other for capital operations.
The budget is divided into sections that should include only expenditures or revenues of the same nature.
1° The operating section tracks all charges and products related to the operation of the port. In particular:
Revenue:
(a) Products of port rights;
(b) Revenues from real estate domains perceived by the port;
(c) Products of the operation of public equipment directly administered or strengthened by the port;
(d) Products of taxes and royalties of any kind whose collection would have been regularly authorized;
(e) State participation in the maintenance work referred to in Article R. 5313-69;
(f) Participations of departments, municipalities, chambers of commerce and territorial industry, chambers of commerce and industry of other public institutions and private individuals in certain operating expenses of the port;
(g) All other operating income.
In expenditure: all expenses related to the administration, operation, maintenance, amortization of works and tools, the interests of the borrowings contracted by the port, the provisions and, in general, all the expenses of the port management.
The net surplus of each exercise, after debiting from the State, is paid to a reserve account;
2° In particular, the Capital Operations Section includes:
Revenue:
(a) The product of depreciation;
(b) State payments, in capital or in annuities, for transactions referred to in articles R. 5313-70, R. 5313-71, R. 5313-73 and R. 5313-74;
(c) The product of alienations of movable or immovable property or declassified equipment;
(d) Products of authorized loans;
(e) The participation of the departments, municipalities, chambers of commerce and territorial industry, or chambers of commerce and industry of the region, of any other public establishment, as well as private persons in certain capital expenses incurred by the port;
(f) All other capital revenue.
In expenditure: all expenses for renewal, reconstruction, improvement, extension of works or tools, as well as refunds of capital borrowed by the port.
The budget is established for the twelve-month period beginning January 1.
The operating section is accompanied by an annex showing the programme and the amount of maintenance and operating expenses incurred by the State by article R. 5313-69.
The general costs of the autonomous port whose determination is necessary to fix the State's participations under Article R. 5313-72 are the subject of a special justification annexed to the budget.
The capital transactions section must include an annex showing the list, the total cost and the schedule of payments for new transactions of any kind proposed for the year in question.
Capital transactions can result in phased execution forecasts over several years.
The budget is presented by the Director to the Board of Directors. It is subject to approval by the Minister responsible for marine ports and the Minister responsible for the budget before December 1 of the year prior to the opening of the fiscal year.
In the case provided for in the second paragraph, second sentence, of section L. 5313-10, the decision to establish, on an ex officio basis, the resources necessary to cover all operating expenses shall be taken by the Minister for Maritime Ports and by the Minister for Finance.
If the budget is not yet approved at the opening of the fiscal year, the Director may nevertheless, unless opposed to the economic and financial control authority, within the resources available to that effect, commit the previously authorized expenditures and order the corresponding payments. It may also, within the limits of the forecasts adopted by the Board of Directors and the appropriations approved for the previous year, commit, except as opposed to the authority responsible for economic and financial control, the expenses necessary for the continuity of management.
Changes to the recognized budget required during the fiscal year are determined and approved in the same form as this statement.
In the course of the year, a follow-up to the performance of the budget, including an analysis by post of variances with the forecast, is communicated to the Board of Directors at least twice a year.
Except as a special agreement with the State, the port may only incur expenses resulting in the participation of the State in the proportion of the appropriations made available to it for the exercise by the Minister responsible for the marine ports with respect to the expenses referred to in Article R. 5313-69, or the program authorizations granted by the same Minister for the operations referred to in Articles R. 5313-70 and R. 5313-71.
It shall adjust the performance rate of the above mentioned transactions according to the credits available to it.
The same rules apply to the management of the annexed services entrusted to the port under section R. 5313-78.
The amount of money due by the State for the reimbursement of the service of certain loans, pursuant to articles R. 5313-70 and R. 5313-71, is the subject of a detailed supporting note annexed to the budget.
The date of establishment of the autonomous port referred to in the second paragraph of sections R. 5313-70 and R. 5313-71 is the date on which the autonomy regime defined in this chapter is substituted for the previously in force regime.
The markets of the autonomous ports are subject to Public procurement code, with the exception of articles 125 and 126 for markets that do not give rise to a financial participation of the State.
Contracts, purchases or orders below the threshold mentioned inArticle 28 of the Public Procurement Code are subject to rules established by the Board of Directors and approved by the Minister for Maritime Ports and the Minister for Finance.
The product of the port rights perceived by the autonomous port is an ordinary recipe for the establishment.
Port rights whose perception is authorized for the benefit of the port are recovered by the customs administration, in accordance with theArticle 285 of the Customs Code. The costs of collection and procedure for these rights shall be borne by the autonomous port under the conditions established by the Minister responsible for the budget.
The proceeds of duties are paid monthly by the Customs Service in the accountant's body. If the importance of the revenue requires, closer partial payments may be made within the monthly payment interval.
Advances and revenue-based authorities may be established by order of the Minister for Finance and the Minister for Maritime Ports.
The directors are appointed by the Director with the approval of the accounting officer. With the agreement of the Minister for Finance, they may be exempted from forming bail. In this case, the financial responsibility of the accounting officer covers all of their operations.
With the agreement of the Minister responsible for the economy and the Minister responsible for the budget, the Director may authorize the accounting officer to pay, without his prior intervention and within the approved appropriations, certain small expenses. These expenses are paid either directly by the accounting officer or, under his or her responsibility, by certain agents of the autonomous port designated after his or her agreement by the director. The accounting officer is required to justify each month expenditures. In light of the justifications provided, the Director issues a regularization title on behalf of the accounting officer.
The immovables granted to the autonomous ports by application of Article R. 5313-6 shall not be subject to declassification, assignment or transfer of management to a community other than the autonomous port of alienation, except under the conditions and in accordance with the procedure provided for in the regulations applicable to the property of the State. However, alienations may in all cases be made to amicable and, where the value exceeds the amount fixed under thearticle R. 3211-6 of the general public property code, after authorization of the Minister for Maritime Ports and the Minister for the Field.
The proceeds of the sale or possibly the allocation change allowance shall be paid by the State. However, the fraction of the price or indemnity corresponding to the surplus-value provided to the building by the arrangements made since it was handed over to the autonomous port, established under this chapter, or to the old autonomous port to which it is substituted, is distributed between the State and the port proportionally to their respective participation in the financing of these accommodations. The value of the surplus value shall be calculated on the day of sale and the distribution shall be determined by joint decision of the Minister in charge of the domain and the Minister in charge of the marine ports for the assignments of buildings whose value exceeds the amount defined under thearticle R. 3211-6 of the general public property codeby joint decision of the Director of the Autonomous Port and the Departmental Director or, where appropriate, regional public finances in other cases.
The autonomous port can give to the amicable the buildings of which it owns. The product of their sale is totally acquired. Sales operations are advertised beforehand. He acquires, by way of expropriation or by way of expropriation, buildings useful to his development, after consultation with the departmental director of public finances under the conditions fixed by the articles R. 1211-1 to R. 1211-8 of the general public property code.
On the proposal of the Board of Directors of the Autonomous Port, the Minister for Maritime Ports and the Minister for Finance may, by joint decision, define, within the boundaries of the electoral district of the Autonomous Port, a perimeter within which buildings assigned to the autonomous port and partially or totally dependent on the private domain of the State may be sold to the office of employment. The use of redemption, which consists of acquisitions of new buildings, is decided, on the occasion of each sale, on the request of the board of directors. In the event of a re-employment, the acquisition of new buildings, which is proposed by the Board of Directors, must take place within a maximum of five years.
The share of the proceeds of the sale of buildings that would have happened to the State by application of the rules defined in the second paragraph of Article R. 5313-52 will be transferred to the autonomous port and recorded by the State to a waiting account until the realization of the employment. If the latter did not intervene within the aforementioned five-year period, the sum would be definitively granted to the State.
Remployment acquisitions have passed through the domain administration. The buildings thus acquired are deemed to be wholly owned by the State domain and subject, with respect to their administration and alienation, to the rules defined in the first paragraph of Article R. 5313-52. In the event of subsequent resale, the amount of the surplus-value resulting from the adjustments made is divided between the State and the autonomous port, in accordance with the provisions of the second paragraph of Article R. 5313-52, the surplus of the selling price being shared between the State and the autonomous port proportionally to the value of the respective contributions they had made to the re-employment. However, it may, under the conditions laid down in this article, be re-employed from the State.
Remissions of goods to the autonomous port provided for in Article R. 5313-6 do not alter the legal status of land, books and equipment with respect to the police of their conservation.
The autonomous port has the power to deliver, under the conditions provided by thearticle R. 2122-15 of the general public property code, titles of occupation of the public domain of the State in application of articles L. 2122-1 to L. 2122-19 of the general code of public property.
The technical and financial conditions of public domain occupancy authorizations are determined by the board of directors.
The provisions of Article R. 5312-77 are applicable to maritime autonomous ports.
Subject to the provisions of Article R. 5313-61, the autonomous port shall be subject to the rules of financial guardianship provided for by the Decree No. 53-707 of 9 August 1953 amended on State control over national public enterprises and the economic and financial control of the State provided for by the Decree No. 55-733 of 26 May 1955 relating to the economic and financial control of the State.
The financial account is subject to the control of the Court of Auditors. It is addressed to it by the President of the Board of Directors.
For the purposes of section R. 5313-30, the Commissioner of the Government directly corresponds to the needs of the service with the President of the Board of Directors and the Director of the Port.
He becomes aware of the projects in preparation and of all the documents he deems necessary to carry out his missions.
The Commissioner of the Government shall notify the Minister responsible for the marine ports of his comments on the annual report of activity presented to the Board of Directors.
The Economic and Financial Control Authority shall prepare a report on the economic and financial management of the port during the previous year as well as on the accounts of the same year. This report is sent to the Minister of Finance.
The Government Commissioner and the Economic and Financial Control Authority shall communicate their respective reports prior to transmission to the higher administration.
When the financial participations to surrender, take or extend decided under section R. 5313-79 are less than a threshold fixed by joint order of the Minister for Maritime Ports, the Minister for Finance and the Minister for Budget, and that they are for the purpose of the companies, groups or organizations whose headquarters or principal institution is located in a department of the region in which the autonomous port is located,
The consideration of the preliminary drafts of the construction, extension and modernization work and the authorization of this work are the subject of decisions of the minister responsible for the marine ports after the advice of the board of directors. However, for the work defined in section L. 5313-9, the board of directors shall remain competent under the conditions set out in that section.
Where an instruction is required, the instruction shall be conducted in accordance with R. 5313-66.
The Minister's decision taking into account the preliminary draft indicates whether or not it is necessary to conduct an investigation and, if not, whether or not it is necessary to consult the Standing Committee of Inquiry.
The instruction is carried out at the diligence of the port manager.
The instruction file includes the impact study provided by the articles R. 122-1 et seq. of the Environmental Codewhere required under section R. 122-2 of the same code.
It also includes the assessment referred to in R. 1511-7, where the work constitutes a large infrastructure project as defined in R. 1511-3.
In addition, where applicable, the file:
1° Includes the heading(s) of the nomenclature, annexed to theArticle R. 214-1 of the Environmental Codethe work of which is carried out;
2° Includes the document provided for in the article R. 214-6 or article R. 214-35 Environmental code. When the impact assessment provides the required information, it takes place in this document.
The instruction, conducted by the Director of the Autonomous Port, includes, in addition to consultation with the Board of Directors, the following formalities made simultaneously:
1° Consultation of the Standing Committee on Investigation;
2° Consultation of interested communities and local services;
3° Consultation of the relevant territorial business and industry chamber(s);
4° Consultation, if applicable, of the nautical commission whose operating conditions are fixed by the Decree No. 86-606 of 14 March 1986 relating to nautical commissions. The large nautical commission is consulted on operations involving a modification of the exterior works of the port or access channels. The local nautical commission is consulted in other cases;
5° Consultation, where appropriate, of the Regional Commission for the Improvement of the Landing Conditions of Fishing Products;
6° If applicable, the public inquiry provided by the Articles R. 123-1 et seq. of the Environmental Code.
In the event that the work envisaged is subject to the procedures provided by the Articles R. 214-6 to R. 214-56 of the Environmental Code, the instruction is conducted simultaneously with that provided by theArticle R. 214-6 of the Environmental Code.
The deadline for communities, public institutions, commissions and services consulted pursuant to 1°, 2°, 3° and 4° of article R. 5313-66 to publicize their opinions is two months from the day they are invited to attend. The lack of response within this period is a favourable opinion.
In the event of an expropriation due to public utility, the instruction provided for in section R. 5313-66 and the public inquiry prescribed by sections R.* 11-3 to R.* 11-16 of the Code of Expropriation for public utility is carried out simultaneously.
The State is responsible for the maintenance and operation of access locks, the maintenance of sea access channels, the depth of the front-doors and works of protection against the sea. For the performance of this work, it shall bear under the same conditions the expenses relating to dredging gear under the conditions laid down in article R. 5313-73. The ownership regime and operating conditions of these dredging materials are specified in R. 5313-73.
The State participates in the proportion of 80% in the expenses resulting from the following modernization operations:
1° Digesting basins;
2° Creation and extension of the sea access channels and water plans of the foreports;
3° Construction and extension of protection works against the sea and access locks, as well as renewal of the last two categories of works.
In addition, the State reimburses 60 per cent of the amounts paid for the service of the loans issued to deal with the transactions of the same nature previously engaged in the creation of the autonomous port and that it contracts or supports under Article L. 5313-4.
The expenses of the construction, extension or renewal of infrastructure and radoub equipment other than those mentioned in article R. 5313-70 are covered in the proportion of 60% by State participations.
In addition, the State reimburses 20% of the amounts paid for the service of the borrowings issued to deal with the transactions of the same nature previously engaged in the creation of the autonomous port and that it contracts or supports under Article L. 5313-4.
The State's participations provided for in articles R. 5313-69 to R. 5313-71 are equal to the fraction of the actual expenses that is at its expense, increased by the corresponding share of the general expenses of the autonomous port.
The program and the amount of expenditures referred to in section R. 5313-69 shall be determined annually by the Minister responsible for the marine ports on the proposal of the Director of the autonomous port.
The expenses relating to the dredging equipment referred to in Article R. 5313-69 that the autonomous port provides at the expense of the State include the costs of acquiring, maintaining, large repairs, improving and renewing the equipment allocated to these operations.
The State may take possession, at any time, on a temporary or definitive basis, and after notice of the autonomous port, of the dredging equipment acquired under the conditions specified above.
The State shall not make any participation under articles R. 5313-69 in R. 5313-71 in the creation, maintenance, operation or renewal of the works referred to in these articles and which are the subject of a concession of public use or authorization of private use with a public service obligation or authorization of temporary occupation of the public domain.
Subject to the provisions of Article R. 5313-73, the State and the autonomous ports are authorized to establish between them an economic interest group with a view to:
1° To establish, maintain and renew a fleet of dredged and servitude equipment to carry out dredging work in autonomous ports and non-self-conceived ports;
2° To manage this park under the conditions set out in section R. 5313-76.
This grouping will, from the date of its creation, receive the dredging equipment referred to in R. 5313-69.
If the group is dissolved, the dragged and bondage of its park will return to the state.
The dragged and bondage equipment of the group will be the object of:
1° Either rentals for the benefit of an autonomous port or a state service, which ensures the conduct of dredging operations on behalf of itself or on behalf of other autonomous ports or marine services or third parties, according to the plan of assignment of the equipment established by the group and under its control;
2° Either, after satisfying the needs of the ports, from direct lease to third parties.
Forecasts of the annual operating account of the group must be presented in balance.
The autonomous port may be responsible, at the request of the board of directors, for the management of certain public services related to the port, such as towing, lighting, marking, navigation aid devices within the limits of the autonomous port or for its access, sanitary, rescue or fire services, police and dock monitoring.
Joint Orders of the Minister for Maritime Ports and interested Ministers establish the conditions for the delivery of these services to the autonomous port and the rules of their operation.
The Minister responsible for the marine ports may, by order made after the advice of the board of directors, entrust the management of a marine service or a navigation service to the autonomous port, for the purposes of its subsidiary services.
For this management, the Director reports directly to the authority of the Minister responsible for the marine ports and the personnel of the autonomous port act on behalf of the State.
In accordance with existing legislation, an autonomous port may create subsidiaries or take participation in organizations, companies or groups that, in the light of their complementary or related purposes to its missions, are likely to contribute to its development.
The creations of subsidiaries, seizures, assignments or extensions of financial participations decided by the board of directors of the autonomous port are subject to the joint prior approval of the Minister responsible for the marine ports, the Minister responsible for Finance and the Minister responsible for the budget, under the conditions set out in sections R. 5313-57 and R. 5313-61.
The Director of the Autonomous Port establishes, for successive periods of three years, where appropriate, in consultation with other ports of the same maritime façade, a plan for the reception and processing of the waste of operation of ships and cargo residues to meet the needs of vessels using the port.
A joint Order of the Minister for Maritime Ports and the Minister for the Environment defines the content and modalities for the development of these plans, including the identification of usable needs and facilities, reception procedures and the pricing system.
The plan for the reception and processing of wastes of operation of ships and cargo residues is approved, after the advice of the board of administration of the autonomous port, by the prefect of the department where the main installations of the port are located. In the event of a significant change in operating conditions of the port having an impact on the requirements of port waste reception facilities and cargo residues, the plan is updated and approved under the same conditions as the original plan.
The realization and operation of tools made available to the public is ensured by the autonomous port itself or are the subject of a concession or charter contract that can be concluded with public authorities, public institutions or private companies.
Tools put in place by a company and necessary for its own needs are subject to a private tooling authorization with a public service obligation.
The autonomous port can also conclude with a company a terminal operating agreement. This Convention deals exclusively with the management and, where applicable, the realization of a specific terminal to certain types of traffic and includes the land-fills, equipment and facilities necessary for the landing, boarding, handling and storage operations related to ships. The use of this mode of management, which can only concern part of the harbour domain, must be compatible with the maintenance in sufficient number of public tools or private tools with public service obligation.
Prerequisitely to the decision of the board of directors, the proposed setting or modification of the tariffs and conditions for the use of tools managed by the autonomous port is displayed for fifteen days in the places of the port mainly frequented by the users.
The concession or chartering of tools leads to an agreement with the terms of reference between the autonomous port and the petitioner, after agreement of the board of directors.
The terms of reference are in accordance with a standard terms of reference approved by decree in the Council of State taken on the joint report of the ministers responsible for the marine ports, the budget and the field. However, the terms of reference may include derogations from the standard terms of reference, provided that they have been previously approved by the Ministers responsible for the marine ports, the budget and the area, as well as, where appropriate, the Minister for which the public community or the public institution concerned is located. The absence of a response from Ministers within two months of the late receipt of the application is approved.
If there is a declaration of public utility issued by decree in the Council of State, the convention is approved by decree in the Council of State.
The Director of the Autonomous Port, duly authorized by the Board of Directors, shall submit the agreement and the terms of reference to the instruction in the forms provided for in section R. 5313-66.
When the agreement is to be approved by a decree in the Council of State or by a ministerial order, the Director of the Autonomous Port shall, at the end of the instruction, transmit the file with his report to the Minister responsible for the marine ports for approval of these documents.
The authorization of private equipment with public service obligation leads to a convention between the autonomous port and the petitioner.
In the event that the authorization includes the completion of work, the Director of the Autonomous Port submits the draft work to the instruction under the conditions laid down in section R. 5313-66.
Authorization for the operation of terminals leads to a convention between the autonomous port and the petitioner.
This agreement sets out, among other things, the objectives of traffic in the terminal and the sanctions, which can go to the termination without compensation of the convention, in case these objectives are not achieved.
It is submitted to the board of directors.
When the convention is in conformity with a model convention approved by decree in the Council of State, it is approved by decision of the Commissioner of the Government and the authority responsible for economic and financial control. This approval shall be deemed to have been acquired without opposition from one of them within two months of the date on which it was received.
Where the specific operating conditions of a terminal warrant, the agreement may derogate from the Model Convention, except in respect of the principles set out in R. 5313-81 and the stipulations relating to the fixing of objectives. In this case, the convention is approved by decree of ministers responsible for marine ports, the economy and the budget.
The concessions and authorizations of private equipment with a public service obligation relating to port pleasure facilities can be granted both to public authorities and to public institutions or private companies.
Concessions relating to port pleasure facilities are granted under the conditions established by section R. 5313-83.
The application shall be instructed under the conditions established by articles R. 5313-83 and R. 5313-84.
Dealers of recreational port facilities located in autonomous ports have the power to deliver, under the conditions provided for inarticle R. 2122-15 of the general public property code, the titles of occupation of the public domain of the State pursuant to articles L. 2122-1 to L. 2122-19 of the same code.
Private equipment authorizations with public service obligation relating to port pleasure facilities are granted under the conditions established by section R. 5313-85.
The application shall be instructed under the conditions established by section R. 5313-85.
The rates and conditions of use of the harbour pleasure facilities are established and amended according to the procedure set out in sections R. 5313-95 and R. 5313-96.
The procedures set out in section R. 5313-93 are not applicable to special tariffs known as "subscription tariffs" or "contractual tariffs", where the terms of reference contain the standard terms of reference for the approval of these tariffs.
The rates and conditions for the use of concededed or strengthened public tools and private tools, when used as part of the public service obligation, are established in accordance with the procedure set out in sections R. 5313-83 to R. 5313-85. They are annexed to the terms of reference which must provide that their modification is effected according to the procedure set out in article R. 5313-96.
The amendment is preceded by the display of the tariffs and conditions of use projected at the diligence of the director of the autonomous port. This display shall take place in accordance with the terms set out in Article R. 5313-82.
The proposed tariffs and conditions of use are applicable one month after the end of the display if, within this period, the board of directors of the autonomous port has not made known its opposition.
Unless confirmed by the Minister for Maritime Ports within one month of the opposition of the board of directors, this opposition shall be waived in full right at the expiry of that period.
No proposal to amend the rates and conditions of use is admissible before the expiry of the three-month period following the application of the previous tariffs and conditions.
Where the specification or authorization of private equipment provides, the procedures provided for in sections R. 5313-95 and R. 5313-96 are not applicable to special rates known as "subscription rates" or "contractual rates". Special tariff projects are then communicated to the Director of the Autonomous Port and are deemed to be approved upon the expiry of a fifteen-day period in the absence of opposition on his part.
In the autonomous ports, a permanent commission of inquiry composed of the following eleven members is established:
1° Eight members do not belong to the board of directors and represent users of the port. They are selected from the following categories:
(a) Main industrial, commercial and agricultural enterprises in the areas served by the port;
(b) French arming, French navigation companies agencies, merchant marine professionals such as shipmasters and sailors, river transport companies;
(c) Shipbuilders, land-based transport companies, public-output concessionaires, port service companies, including shipping, transit, consignation, public customs warehouse operations and shipping brokers;
2° Three members of the board of directors of the autonomous port designated by this board.
In the ports juxtaposed to a military port, an officer designated by the commander of the maritime borough or, in the overseas departments, by the superior general officer of the armed forces completes the commission.
Alternates, in equal numbers to that of the members holding the Standing Committee of Inquiry, are appointed at the same time and under the same conditions as those. They can only sit in replacement of the class members they represent.
Members of the permanent commission of inquiry shall be appointed for five years by an order of the prefect of the department in whose territory the main installations of the port are located.
In the event of a member's death or resignation, a replacement is appointed for the remainder of the term.
The first meeting of the commission took place on the convocation of the director of the autonomous port. From the beginning of this session, the commission elects its president.
The following meetings shall be held upon the convocation of the President, possibly at the request of the port manager. The Committee or its representative shall attend meetings of the Committee on the Rights of the Child.
The permanent commission of inquiry may only deliberate validly if at least two thirds of its members are present or represented. The deliberations are taken by a majority vote. In case of sharing, the president's voice is preponderant.
The functions of a member of the permanent commission of inquiry are free of charge.
The Standing Committee of Inquiry shall give within one month a reasoned opinion on the file submitted to it. The period of one month is short from the referral of the commission by the port manager.
Where the notice is not given within the prescribed time limit, it is deemed favourable.
By derogation from section R. 5313-44, the first accounting exercise of the autonomous port begins on the date fixed for substitution to the previously in force regime of the autonomy regime defined in this chapter. It ends on December 31 of the year in which this substitution took place.
The accounts of the Port Services of the Chambers of Commerce and Territorial Industry of the District of the Autonomous Port relating to the fiscal year prior to the date of implementation of the autonomy are decided by the Prefect.
The budget referred to in section R. 5313-44 shall be provided, in summary form, within six weeks of the beginning of the first fiscal year.
The proceeds of port rights and receipts of any kind collected at the beginning of the first fiscal year are paid to the autonomous port.
Provision will be made available to the Minister responsible for marine ports on the same date.
For the purposes of section L. 5314-8, are considered to be port creation or extension, projects involving the institution or modification of a boundary under section R. 5311-1 or, within a delimited perimeter, the increase in the area of the sheltered water plan.
When the creation or extension of a port involves the realization of work, the proposal for creation or extension submitted to the prefect is accompanied by the results of the instruction provided for in R. 5314-2.
The preliminary projects for the construction, extension and modernization of the infrastructure of the departmental and communal ports are submitted, before the decision of the competent community, to an instruction conducted by the port manager.
The instruction file includes the impact study provided by the articles R. 122-1 et seq. of the Environmental Codewhere required under section R. 122-2 of the same code.
This file also includes the assessment referred to in R. 1511-7 when the work is a large infrastructure project as defined in R. 1511-3.
In addition, where applicable, the file:
1° Includes the heading(s) of the nomenclature annexed to theArticle R. 214-1 of the Environmental Codethe work of which is carried out;
2° Be the document provided for in the articles R. 214-6 and R. 214-32 Environmental code. If the impact assessment provides the required information, it takes place in this document.
The instruction includes the following formalities that are performed simultaneously:
1° Consultation of the harbour council;
2° Consultation of interested communities and local services;
3° Consultation of the concessionaire, when he is not a contractor;
4° Consultation of the competent Chamber of Commerce and Industry, when not the concessionaire;
5° Consultation, if applicable, of the nautical commission whose operating conditions are fixed by the Decree No. 86-606 of 14 March 1986 relating to nautical commissions. The large nautical commission is consulted on operations involving a modification of the exterior works of the port or access channels. The local nautical commission is consulted in other cases;
6° Consultation as to whether there is a need for the regional commission to improve conditions for the landing of fishery products;
7° Public inquiry if applicable.
In the event that the work envisaged is subject to the procedures set out in the Articles L. 214-1 to L. 214-6 of the Environmental Code, the instruction is conducted simultaneously with that provided for in articles R. 214-6 to R. 214-56 of the same code.
The deadline for communities, public institutions, commissions and services consulted under 1°, 2°, 3°, 4° and 5° of this article to publicize their opinions is two months from the day they are invited to. The lack of response within this period is a favourable opinion.
The application for a concession of public or avenge equipment shall be investigated by the port manager under the conditions set out in section R. 5314-2.
The amount of the royalty for the public domain of the State fixed by the departmental director or, if applicable, regional public finances is mentioned in the instruction file.
When the convention involves the realization of work, it is only one instruction.
The instruction shall be made at the diligence of the competent authority which shall determine the duration of the instruction.
In order to meet the needs of vessels normally using the port, the port authority shall establish, under conditions that it determines, in particular with regard to the consultation of users, a plan for the reception and treatment of wastes of operation of ships and cargo residues.
A plan for the reception and treatment of waste, established under the conditions provided by the port authorities concerned, can be common to several ports.
The plan is subject to a review by the port authority every three years and after any significant change in the operation of the port.
It is communicated to the representative of the State.
The contents of the plan are consistent with the requirements of the Joint Order of the Minister for Maritime Ports and the Minister for the Environment defining the content and modalities for the development of these plans, including the identification of usable needs and facilities, reception procedures and the pricing system.
The rates and conditions for use of public tools are established according to the procedure set out in articles R. 5314-5 and R. 5314-6. When they are granted, they are annexed to the specifications.
The modification of the rates and conditions of use of the conceded public tools is preceded by:
1° From the display of the provisions projected for fifteen days in the places of the port mainly frequented by the users;
2° From the consultation of the harbour council.
These operations are carried out at the due diligence of the competent authority which sets the duration of the operations.
The proposed tariffs and conditions of use are applicable three weeks after the completion of the instruction, if the competent authority did not disclose its opposition within that period.
Decisions to amend the rates of non-concede tools are preceded by:
1° From the display of the provisions projected for fifteen days in the places of the port mainly frequented by the users;
2° From the consultation of the harbour council.
These operations are conducted at the due diligence of the competent authority.
In the departmental ports where only one activity is carried out either fishing or trade, it is instituted a harbour council so composed:
1° The President of the General Council or his representative that he designates among the General Councillors, President;
2° A representative of the concessionaire or each of the concessionaires and in the event that it is not a concessionaire, a member designated by the Chamber of Commerce and Industry;
3° A representative designated within him by the municipal council of each of the communes on whose territory the port extends;
4° Members representing the following personnel involved in port management:
(a) A member of the departmental staff or made available by the State to the department owned by the port authorities;
(b) A staff member of the concessionaire or each of the concessionaires;
(c) In the ports where there is a central office of the labor force, a member representing the docker workers of the port.
The representatives of the port's personnel and workers are appointed by the President of the General Council on the proposal of the most representative trade union organizations of the local staff;
5° Representatives of port users in the following manner:
(a) In the ports of trade, six members selected from the categories of users referred to in R. 5314-25, at three members appointed by the Chamber of Commerce and Industry and three members appointed by the President of the General Council;
(b) In fishing ports, six members selected from the categories of users referred to in section R. 5314-26, four members appointed by the Local Fisheries Committee and two members appointed by the President of the General Council.
Members of the Port Council are appointed by order of the President of the General Council.
In the ports where at least two of the fishing, trade and pleasure activities are practised simultaneously, the harbour board is composed as follows:
1° The President of the General Council or his representative, whom he designates among the General Councillors, President;
2° Two members designated by the concessionaire where there is a single concessionaire or a member designated by each concessionaire where there are at least two concessionaires;
3° A representative designated by the municipal council in each of the municipalities in which the port extends;
4° Members representing the following personnel involved in port management:
(a) A member of the departmental staff or made available by the State to the department owned by the port authorities;
(b) A staff member of each concessionaire;
(c) In the ports where there is a central office of the labor force, a member representing the docker workers of the port.
The representatives of the port's dockers and workers are appointed by the President of the General Council on the proposal of the trade union organizations representing the personnel concerned;
5° Nine members representing the users of the port selected from the categories of users referred to in sections R. 5314-25 to R. 5314-27, at three members appointed by the President of the General Council and six members appointed respectively by the Chamber of Commerce and Industry, the Local Committee of Fisheries and the Local Committee of Permanent Users of Port Pleasure Facilities, constituted under the same conditions as those provided for in section R. 5314-19 and met at least one time The President of the General Council determines the number of seats reverted to each class of users under trade, fisheries and pleasure, taking into account the respective importance of each of these activities.
Members of the Port Council are appointed by order of the President of the General Council.
In the ports mentioned in section R. 5314-14, permanent sections may be incorporated in the harbour board for each of the fishing, trade and pleasure activities.
They shall instruct, for their consideration by the port council, the affairs of a particular activity and the matters entrusted to them by the council or by the president.
The permanent sections include all users designated for the same activity, and in most equal numbers, members selected from the categories mentioned in 2°, 3° and 4° of Article R. 5314-14.
Members of sections other than users are designated by the President of the General Council among the members of the Port Council.
The sections are convened by the president of the harbour council under the same conditions as the board. They are chaired by the President of the General Council or his representative.
The General Council may decide to establish a single port council to know affairs of several ports of little importance.
In this case the board shall be composed under the same conditions as those provided for in sections R. 5314-13 and R. 5314-14, subject to the following reservations:
1° The departmental personnel belonging to the service responsible for the ports or placed by the State at the disposal of the department is represented by a single member;
2° The President of the General Council may decide:
(a) The establishment of a single local committee of permanent users of recreational port facilities for all of these facilities;
(b) The joint designation by the Chambers of Commerce and Industry and the local committees of the interested fisheries of the members representing the users of the ports to the respective titles of trade and fisheries.
In the ports under the jurisdiction of the municipalities, a constituting port council is established as follows:
1° The mayor or his representative whom he designates among the municipal councillors, president;
2° A representative of each concessionaire;
3° Members representing the following personnel involved in port management:
(a) A member of the communal staff or of the staff placed by the State at the disposal of the commune belonging to the service responsible for the ports;
(b) A staff member of each concessionaire.
Staff representatives are appointed by the mayor on the proposal of representative trade union organizations;
4° Six members representing the users of the port belonging to the categories referred to in R. 5314-27 and designated for three members who represent the mariners designated by the local committee of permanent users of the port and three members who represent the nautical services, construction, repair, and sport and tourist associations related to pleasure, designated by the mayor after consultation with representative organizations at the local level.
The members of the harbour council are appointed by the mayor's order.
The Port Council is supplemented by a representative designated by the Chamber of Commerce and Industry when it is not a dealer.
In ports where the facilities extend over several municipalities, the harbour council is supplemented by a representative designated within it by the municipal council of each of the other communes on whose territory the port extends.
When the harbour regularly houses marine fishing vessels, the harbour council is supplemented by a designated representative within it by the general council and a representative of the fishermen designated by the mayor.
The local Harbour Users Committee includes holders of a contract of amplification or guarantee of use of a berth or anchorage position and beneficiaries of a lease of more than six months issued by the port manager.
Their list is maintained by the port manager. Registration on the list is made on the request of the interested party with appropriate justifications.
The local Harbour Users Committee is convened at least once a year by the mayor or his representative. He receives communication from the port budget.
The municipal council may decide to establish a single port council to know affairs of several ports of little importance.
In this case, the board shall be composed under the same conditions as those set out in sections R. 5314-17 and R. 5314-18 and subject to the same reservations as those set out in R. 5314-16.
The port council is competent to issue a notice, under the conditions provided for in this Code, on the affairs of the port which are of interest to the legal and physical persons concerned by its administration, including the users.
The Port Council is obligatoryly consulted on the following items:
1° The administrative delimitation of the port and its modifications;
2° The port's forecast budget, the concessionaire's competition fund decisions;
3° Tariffs and conditions of use of tools, port rights;
4° Advants to new concessions and concessions;
5° New works projects;
6° Subcontractors;
7° Special police regulations.
The port council examines the situation of the port and its economic, financial, social, technical and administrative developments.
It receives any observations deemed useful by the port manager as well as the performance reports for the previous year and the current year.
Available statistics, including traffic in the port, are regularly provided.
The operation of the harbour council obeys the following rules:
1° The harbour council meets at least twice a year; its meetings are not public; However, he may hear any person he deems useful;
2° He is summoned by his president at least fifteen days before the scheduled date for his meeting. It may be convened without delay at the request of the prefect, or of a concessionaire or two-thirds of the members of the board; in such case, the summons must intervene within five days of receipt of the request by the chair.
Questions that were requested by the prefect, one of the dealers or half of the board members are brought to the agenda.
The agenda is annexed to the convocation. Corresponding documents shall be communicated no later than eight days before the meeting of the port council;
3° The harbour council may only deliberate validly if at least two thirds of its members are present or represented. In the absence duly found of the quorum, the harbour council is reconvened and can deliberate validly whatever the number of members present. The opinions are taken by an absolute majority of the votes of the members present or represented. In the event of the equal sharing of votes, the President shall be preponderant;
4° A member of the board may be represented either by a designated alternate under the same conditions and at the same time as the incumbent members, or, if not, by another member of the board of the same class. Everyone can receive only one mandate;
5° When the notice is not issued within two months of the board's referral, it is deemed favourable.
The term of office of the Port Council members is five years.
When a member dies, resigns or loses the quality because of which he was designated, he or she is replaced for the duration of the term remaining to be run by a member designated under the same conditions.
The mandate of the members of the harbour council is renewable.
The duties of member of the harbour board are free of charge.
When a member of the Port Council, other than the elected representatives of the staff, refrains without legitimate reason from going to three consecutive meetings, he may be declared a resignation by the Prefect. It shall be replaced, for the remaining term of office, by a member designated in accordance with the terms set out in sections R. 5314-13, R. 5314-14 and R. 5314-17.
The categories of users, under trade activities, among which must be designated some members of the harbour council, are the following: major industrial, commercial and agricultural enterprises of the areas served by the port, armaments, shipping companies' agencies, merchant marine professionals such as ship captains, pilots and marines of the merchant marine, land transport companies, public goods dealer companies, shipping companies, shipping companies, in particular shipping companies
The categories of users, under fishing activities, among which must be designated some members of the harbour council, are: fishermen, fishermen, fishermen, oysters, mytilicultors, conchologists, fishermen, machiners and other professions called to be represented on the local committees of marine fisheries as well as consumers.
The categories of users, for recreational activities, among which must be designated some members of the harbour council, are: mariners of pleasure, nautical services, construction, repair, sports and tourist associations related to pleasure.
The provisions of this section apply to dependencies of the natural or artificial, marine or fluvial public domain, made available to departments or municipalities pursuant to theArticle 9 of Act No. 83-663 of 22 July 1983 completing the Act No. 83-8 of 7 January 1983 relating to the division of competence between municipalities, departments, regions and the State or transferred to them in management.
It may not be established, on the outbuildings of the public domain referred to in R. 5314-28, that works, buildings or equipment related to the operation of the port or of a nature to contribute to the animation and development of the port.
Concessions for the establishment or operation of harbour infrastructure or superstructures may not be granted for a period exceeding fifty years. Other concessions, conventions and authorizations of occupation of any nature of the public domain may not be granted for a period of more than thirty-five years.
The custodial provision of docks for recreational vessels may not be made for a period of more than one year, renewable annually under the conditions defined by the competent authority.
The competent community deliberately determines the proportion of docks reserved for passing vessels.
When the custodial provision of docks is made to companies engaged in nautical trade and repair activities or to sports and leisure associations, the duration of the first paragraph shall be extended to five years.
It may be granted guarantees of use of mooring or anchoring stations for a maximum period of thirty-five years, in return for participation in the financing of new harbour structures constituting a dependency of the public domain of the State.
The contract granting the above-mentioned guarantee of use must provide that the right attached to this guarantee cannot be the subject of a lease only through the port manager or with its agreement.
The President of the General Council or the mayor, as the case may be, shall inform the competent administrative authority for the purpose of ascertaining and continuing the repression of encroachments, irregular occupations or offences of all kinds to the provisions of this section of which they are aware in the exercise of their functions.
In the departmental and communal ports, the authorization for the occupation of public domain outbuildings that is necessary for the exploitation of marine crops is granted, as the case may be, by the President of the General Council or the mayor who determines the financial conditions under the rules defined by the General Council or the Municipal Council.
This authorization may only be issued to beneficiaries of an operating authorization granted under the conditions provided by the Decree No. 83-228 of 22 March 1983 establishing the regime for the authorization of marine crop operations.
The royalty is collected by the competent authority.
The right of port is due to commercial operations or stays of vessels carried out in the port. The constitutive elements of the right to port shall include, under the conditions defined in this Code, the following royalties:
1° For commercial vessels:
(a) A royalty on the ship;
(b) A parking fee;
(c) A royalty on the goods;
(d) A royalty on passengers;
(e) A royalty on ship operating waste;
2° For fishing vessels, an equipment royalty for fishing ports;
3° For recreational or sport vessels, a fee of equipment for pleasure harbours and, for those with a licence issued by the marine authority for the carriage of more than twelve passengers, a fee on the waste of operation of ships.
The royalty rates referred to in R. 5321-1 are fixed in the autonomous ports by the board of directors.
At the diligence of the port manager, the projects relating to these rates are subject to an instruction with a fifteen-day display in the places of the port mainly frequented by the users and the consultation of the customs service, the marine affairs department and the permanent commission of investigation of the port or the harbour council. Such formalities may be completed simultaneously and, where appropriate, through computer or electronic telecommunications technologies.
Commissions and services consulted must submit their notice within one month of the day on which they were invited. The silence is equivalent to a favourable opinion.
In the event of an emergency, where rates are not adapted to the conditions of a new traffic, the board of directors of the autonomous port may decide on new rates that are approved without instruction and subject to the provisions of sections R. 5321-7 to R. 5321-9.
The royalty rates referred to in R. 5321-1 are fixed in the major seaports by the directory.
At the diligence of the directorate, the projects relating to these rates are subject to an instruction that includes, on the one hand, a fifteen-day display in the places of the port mainly frequented by the users and, on the other hand, consultation with the customs service, the marine affairs department and the first college of the development council. Such formalities may be completed simultaneously and, where appropriate, through computer or electronic telecommunications technologies.
The commissions and services consulted send their notice within one month of the day on which they were invited. After this period, their notice is deemed favourable.
In the event of an emergency, where royalty rates are not adapted to the conditions of a new traffic, the principalory of the large seaport may decide on new rates that are approved without instruction and subject to the provisions of sections R. 5321-7 to R. 5321-9.
Where the fixing or modification of the port rights is provided as a result of a project on development work, the pre-instruction of the latter, as provided for in Article R. 5313-63, may be confused with the instruction provided for in Article R. 5321-2.
In large seaports, no later than eight days after the expiration of the one-month period provided for in Article R. 5321-3, the Chairman of the Management Board shall prepare minutes of the instruction and consultations.
It shall forward to the Commissioner of the Government the proposals of the Director with this report.
In the autonomous ports, no later than eight days after the expiration of the one-month period provided for in Article R. 5321-2, the Director of the autonomous port shall prepare minutes of the instruction and consultations.
If no objection has been made during the course of the investigation and consultations, it shall forward to the Commissioner of the Government the proposals of the Board of Directors accompanied by the minutes.
If oppositions have been made, he invites the board of directors to take a new deliberation.
This deliberation, along with the minutes of instruction, is transmitted to the Commissioner of the Government.
The rates are considered to be approved if, within fifteen days after their transmission to the Commissioner of Government, the Commissioner did not make his opposition known. The opposition of the Commissioner of the Government, shall be waived in full law one month after it has been formulated, if it has not been confirmed by the Minister for Maritime Ports.
If the Commissioner of the Government exercises its opposition power, he shall forward the file within 48 hours to the Minister for Maritime Ports and the Minister for Budget. The Minister for Maritime Ports shall rule after notice of the Minister responsible for the budget. The silence held by the latter eight days before the expiry of the deadline for the Minister for Maritime Ports to take a decision is equivalent to an opinion favourable to the lifting of the opposition.
The rates of port rights are brought to the attention of users by displaying in the premises of the port open to the public and, where applicable, by means of computer or electronic telecommunications technologies.
They are published in the compendium of administrative acts of the prefecture.
They come into force ten frank days from the first day of their display.
The tariffs referred to in section R. 5321-1 are presented in a uniform standard setting, set by joint order of the Minister for Finance and the Minister for Maritime Ports.
The rates of royalties referred to in R. 5321-1 are fixed, in marine ports that do not fall within the jurisdiction of the State, by the public person whose port, if any, is subject to the concessionaire's proposal.
The rate-setting projects are subject to an instruction by the person responsible for the executive of the public person under the port.
The instruction includes a fifteen-day display in the places of the port mainly frequented by the users, as well as consultation with the prefect, customs service and port council.
The notices requested must be provided within one month of the day they were requested. The silence kept is favourable.
In the event of an emergency, when royalties are not adapted to the conditions of a new traffic, the public person under the port may decide on new rates that are approved without instruction.
When the operation of the port is entrusted to a concessionaire, the concessionaire shall forward its proposal for the setting of the rates, together with the record required for the instruction, to the public person under the port.
The instruction must be opened within fifteen days of this transmission.
Fifteen days at the latest after the completion of the instruction, the proposed rates are considered to be approved, unless expressly and motivated by the authority mentioned in the first paragraph.
Where the fixing or modification of the port rights is provided as a result of a project on development work subject to public investigation or investigation under sections R. 5314-2 and R. 5314-3, the investigation or instruction may be confused with the instruction provided for in R. 5321-11.
The rates of port rights are brought to the attention of users by displaying in the premises of the port open to the public and, where applicable, by means of computer or electronic telecommunications technologies.
They are the subject of a notice published in at least two local newspapers and are published in the collection of administrative acts of the department, with publication fees charged to the recipient of the port rights.
Without prejudice to the rules specific to the control of legality, they are transmitted for information to the prefect.
The tariffs of the applicable port rights in the ports under the jurisdiction of a public person other than the State are presented in accordance with the uniform type framework referred to in article R. 5321-10.
The royalties referred to in R. 5321-1 are paid to the following organizations:
1° In large seaports, the large seaport;
2° In the autonomous ports, the autonomous port;
3° In other ports within the territorial authorities or their groupings, the public person under the port or, if the concession contract provides, the concessionaire.
The proceeds of the equipment royalties of fishing ports and pleasure harbours can only be used for expenses incurred in the interest of fishing or pleasure and related to the establishment, improvement or renewal and maintenance of all the equipment of the port and to the improvement of the depths of its rades, passes, channels and basins.
The right of port applicable to commercial ships is perceived both at the entrance and at the exit, at each port of call of the commercial vessels of any nationality, at the ports of Metropolitan France, with the exception of the royalty on the waste of operation of the ships, which is collected at the exit.
Aerogliders and hydrogliders who carry out maritime navigation and commercial operations or stays in ports are considered commercial ships for the purposes of this title.
The royalty on the ship and, if applicable, the parking fee is the responsibility of the shipowner.
The base of the royalty on the vessel is the volume V established, depending on its physical characteristics, by the formula V = L x b x Te in which V is expressed in cubic meters, L, b, Te respectively represent the length of the vessel, its maximum width and its maximum drawer of summer, and are expressed in meters and decimeters.
The value of the vessel's maximum drawer taken into account for the application of the above formula cannot, in any case, be less than a theoretical value equal to 0, 14 x VL x b (L and b respectively being the total length and maximum width of the vessel).
For aerogliders, the base of the royalty on the vessel is volume V established according to the formula of the first paragraph taking a lump sum of water equal to one meter.
The royalty rate on the vessel is fixed in each port per cubic metre or multiple cubic metres. It may vary according to the types of vessels determined by the order referred to in R. 5321-10 based on their development or use for which they are designed.
A specific rate is provided for vessels operating only as welding or refuelling or unloading operations of waste or cargo residues.
Rates may be different depending on the areas of the port considered.
The tariff may authorize the classification of a vessel according to its dominant use at the entrance or exit of the port, where the vessel is different from that resulting from its development or use for which it was designed. The tariff specifies how the dominant use of the vessel is determined for the calculation of the royalty on the vessel.
An Order of the Minister for Maritime Ports and the Minister for Customs may determine the terms and conditions for determining the dominant use of a ship.
The royalty on the ship is not applicable to:
1° Ships for assistance to ships, including flight, towing, manning and rescue missions;
2° Ships for waste recovery and pollution control;
3° Ships for maintenance dredging, maritime signalling, fire fighting and administrative services;
4° Forced releasing vessels that do not perform any commercial operation;
5° Ships that, unable to access a port facility, are forced to carry out their landing, boarding or trans-shipment operations outside the port.
The act setting in each port the royalty on the ship may provide for exemption in favour of vessels assigned to cultural or humanitarian missions or of general interest in marine heritage.
The ship's royalty is liquidated separately due to the vessel's entry and exit operations.
However, when a vessel does not land or trans-ship passengers or goods, the royalty on the vessel is liquidated only once on exit. When a ship does not board passengers or goods, the royalty on the ship is liquidated only once at the entrance. When a vessel is only carrying out welding or scaling or unloading operations of wastes or cargo residues or other commercial operation, the royalty on the vessel is liquidated only once the vessel is discharged.
The royalty on the ship is paid or must be guaranteed before the ship leaves.
The royalty on the vessel fixed in each port may be modified under the following conditions:
1° The modulations applicable to vessels carrying passengers are determined based on the relationship between the number of passengers disembarked, boarded or trans-shipped and the capacity of the passenger vessel;
2° The modulations applicable to vessels carrying goods are determined on the basis of the relationship between the toning of disembarked, boarded or trans-shiped goods and the volume V of the vessel calculated under section R. 5321-20;
3° When the vessel is assigned to several uses, the modulations for its dominant use are applied;
4° Except for the benefit of modulations, vessels operating only in the form of welding or feeding or unloading of waste or cargo residues;
5° Vessels of regular lines open to the public according to an itinerary and a schedule set in advance can be slaughtered according to the frequency of departures from the line.
Other vessels may benefit from slaughter, within 30% of the base rate, depending on the frequency of departures.
The modulations and slaughters provided for in R. 5321-24 may be accompanied by an additional slaughter in favour of new traffics as well as in favour of new intra-community passenger, cargo on trailers (called RO-RO) or containers. The additional slaughter cannot be applied for a longer than two years. Its amount cannot exceed 50% of the base on which it applies.
The modulations and slaughters provided for in section R. 5321-24 cannot be combined. When the indebted person meets the conditions of several modulations and slaughters, he or she receives the most favourable treatment.
The royalty may be accompanied by slaughters or increases, within 30% of the base rate, depending on the period of the day, week or year of the affected.
By derogation from Articles R. 5321-1, R. 5321-20, R. 5321-24 to R. 5321-27, the act setting in each port the royalty on the ship may provide, in the event of the opening of new relations, that vessels carrying out a maritime transport of passengers, goods on trailers (called RO-RO) or containers between the Member States of the European Union or Parties to the Agreement of the European Agreement shall be subject to
1° Either a royalty plan fixed for all of their activities for a specified period and liquidated prorata temporis by maturity not more than three months;
2° Either a royalty plan fixed to the unit by passenger, trailer, tonne or multiple tons, or container, that royalty in lieu of royalty on the ship and royalty on the waste of operation of the ships.
The parking fee is applicable to vessels whose stay at the port exceeds a specified period depending on the operating conditions and traffic that are specific to that port.
The forced release vessels referred to in 4th of Article R. 5321-22 may be subject to the parking fee.
The royalty on the goods is borne by the shipper or the consignee, as the case may be.
Rates of royalty on goods disembarked, boarded or transshipped in a metropolitan port are fixed in each port either by weight or by unit.
The act setting in each port the royalty on the goods may provide for different applicable rates:
1° To transshipped goods;
2° To some parts of the port where the goods are disembarked, boarded or transshipped.
The royalty on the goods is not due to:
1° Materials used for the removal or removal of vessels if they are actually disembarked and do not result in any commercial operation;
2° Products delivered to the crew's fuelling, rigging or arming of ships and goods of pacotille;
3° The goods belonging to the State and transported on the warships and service buildings of the state administrations, as well as the goods belonging to the national navy disembarked from the wet commercial ships within a military port or accosted to the military works belonging to the national navy;
4° The goods temporarily landed in the entrance of the port and which, without leaving this enclosure, are reloaded on the same vessel in continuation of transport;
5° Equipment disembarked from ships for repair or cleaning;
6° Baggage accompanying passengers;
7° The pile of frames, containers, pallets, trailers or semi-trailers transported in load or vacuum.
Subject to section R. 5321-35, the passenger fee is due to the reason for each passenger disembarked, boarded or trans-shipped in the French marine ports.
The royalty is the responsibility of the shipowner. It is paid at the same time as the royalty on the ship.
The passenger fee is not applicable:
1° Children under four years of age;
2° Military personnel travelling in formed formations;
3° To on-board staff;
4° To the agents of the shipowner travelling for the needs of the service and equipped with a free shipping ticket;
5° To public officials in the exercise of their missions on board.
The act setting in each port the royalty on passengers may provide for slaughter, which may not exceed 50% of the basic fee, in favour of trans-shipped passengers, passengers who only temporarily disembark during the port of call or excursionists equipped with go tickets and return used during a period of less than seventy-two hours.
Any royalty related to the deposit of cargo residues of a vessel being held in a port is paid by the user of the receiving facility.
The costs of receiving and processing the waste of operation of a ship that is being held in a port are borne by the shipowner, regardless of the provider who performs these operations.
Any vessel that is port-of-sale shall be subject to the payment of a royalty for the receipt and processing of the vessel's operating wastes, where it is carried out in whole or in part by the organizations referred to in section R. 5321-16. This royalty, known as the ship's operating waste, is collected for the benefit of these organizations and constitutes a port right that must be paid or guaranteed before the ship leaves.
The royalty fees on ship operating wastes, which are determined by each port according to the class, type and size of the ships, must reflect the costs of the benefits realized by the organizations referred to in the first paragraph for the receipt and processing of the waste of operation.
In the event that a vessel does not dispose of its waste of operation at the facilities listed in the plan for the reception and processing of the waste of operation and the cargo residues of the port, it is subject to the payment of an amount equal to 30% of the cost estimated by the port for the reception and processing of its wastes.
This amount is collected for the benefit of one of the organizations referred to in the first paragraph and allocated to the financing of the facilities for the reception and processing of these wastes referred to in the plan for the reception and treatment of wastes and cargo residues of the port.
The information provided for in sections R. 5321-9 and R. 5321-10 includes the indication of the basis for calculating the royalty.
The tariff determined by each port may provide for an exemption from the royalty for vessels that, carrying out frequent and regular stopovers, on a route and schedule fixed in advance, do not deposit their operating wastes in the port, if the master of the ship may justify that he is the holder of a certificate of deposit, or of a contract for the deposit of the waste of operation of his ship and the payment of the royalty therein, This certificate must be validated by the port authorities of this port.
The tariff may also provide for a reduction in the amount of the royalty, where the management, design, equipment and operation of a vessel is established that the vessel produces reduced quantities of operating waste. The conditions required for this reduction are specified by joint order of the Minister for Maritime Ports and the Minister for the Environment.
Products of fresh animal origin, preserved or manufactured, including products of osteiculture, mytiliculture and conchyliculture, landed in the seaports are subject to a so-called royalty of equipment of the fishing ports whose rate is variable according to the ports.
This fee is charged either by the seller or by the buyer of these products, or by both, under the conditions fixed by the tariff of each port.
Upon importation, it is the responsibility of the importer.
The equipment royalty of the fishing ports is calculated on the value of the fishery products when they land in a marine port.
The royalty due to the disembarkation of the products of ostreiculture, mytiliculture and conchyliculture is calculated by application, in the quantities disembarked, of a tariff varying according to the nature of the products.
The equipment royalty of fishing ports is not due to:
1° Products intended for the family consumption of fishermen;
2° Products delivered directly to fertilisers or feeds for livestock by the fisherman or shipowner, or on behalf of them by a market organization.
When a vessel disembarks the proceeds of fishing in a port other than its usual parking port and the latter claims a portion of the royalty, the share thus provided shall be limited to the portion of the royalty that is borne by the seller.
In this case, the royalty charged to the seller is calculated from the highest rate in force in either of the two ports. The amount is distributed between the two ports proportionally to the rates applicable in these ports respectively.
The portion of the royalty charged to the buyer remains acquired at the landing port.
The institution of the royalty on fishing products excludes the application, to these same products, of the royalty on goods as provided for in R. 5321-1.
However, this royalty may be replaced either by the royalty on the goods or by a royalty collected according to volume V defined in section R. 5321-20 and the length of its stay in the port.
On the occasion of their stay in a seaport, recreational or sport vessels may be subject to a so-called equipment royalty of marinas whose rates vary according to the ports.
The equipment charge of the pleasure harbours is collected based on the length and breadth of the vessel in the particular port.
For the determination of applicable equipment royalties in each port, the consultation under section R. 5321-8 is extended to the Minister for Youth and Sports and the Minister for Tourism.
Vessels that park in their usual parking port benefit from a reduction of 50% of the royalty.
For vessels that have not made any exits in the year, royalty rates are tripled from the thirteenth month of parking in the port.
Parking is not considered to be interrupted by an exit completed by a re-entry at the port on the same day, except for vessels less than six metres.
The fee is not payable during the stay of ships in the shipyards for maintenance, repair or processing or when they are grounded for guarding.
The equipment charge of the marinas is the responsibility of the owner of the vessel. It must be paid or guaranteed before the ship leaves.
The provisions of sections R. 5321-37 and R. 5321-39 are applicable to pleasure vessels having an approval issued by the competent authority for the carriage of more than twelve passengers.
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The delimitation of the marine and river zone of regulation of the marine ports adjacent to the military ports is stopped after having collected the consistent opinion of the maritime zone commander.
The list of seaports belonging to the territorial authorities and their groupings for which the authority vested in the Port Police Authority is the representative of the State is arrested by the minister responsible for the marine ports after the advice of the Minister of Interior and the Minister of Defence.
In each marine port, the port commander is the functional authority responsible for the police.
The duties of port commander are performed, in the large seaports and autonomous ports, by a port officer designated on the proposal of the president of the port or the director of the port respectively and, in the other ports, by a port officer or, if not, by a deputy port officer designated on the proposal of the authority vested with the port police or its representative.
In ports in which no port officer or deputy port officer is assigned, the duties of port commander shall be performed by an officer designated for that purpose by the executive of the territorial authority or the competent group.
The mastery brings together competent officials and agents in the field of port police, which they fall under the authority vested in the port police power or the port authority. It ensures relationships with users.
[...]
In large marine ports and autonomous ports, the specific police regulations referred to in section L. 5331-10 are taken by the minister responsible for the marine ports after notice of the directorate or board of directors, respectively. In the absence of a response within two months of receipt of the proposed Regulations, the notice of the proposed Regulations is deemed to be issued.
In the event of an emergency, the regulatory actions required by the situation may be taken without the consultations provided for in the previous paragraph.
The General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports are established after consultation with the Inter-Ministerial Commission for the Transport of Dangerous Goods by Order of the Minister for the Transport of Dangerous Goods.
With regard to the transport of radioactive substances, these requirements are determined by order of the Minister for Nuclear Safety, after consultation with the inter-ministerial commission for the transport of dangerous goods and the Nuclear Safety Authority.
Assistant port officers and port officers, as well as, where applicable, supervisory officers placed with them, perform their duties, in the ports where they are assigned, under the functional authority of the port commander.
An Order of the Minister for Maritime Ports sets out the scope of the geographic scope of the competence of the Assistant Port Officers and Port Officers to exercise their powers in one or more of the ports listed in section R. 5331-3. The exercise by these officials of their powers in these ports does not require further swamping.
When several ports are served by the same access channels and that the water plan police of these ports is not provided exclusively by the assistant port officers and port officers assigned to one of these ports, a decree of the prefect or prefects in the departments where these ports are located set the geographical spring in which the deputy port officers and port officers of each of these ports exercise their competence.
The conditions of professional fitness required for the attribution of the quality of port supervisor performing his duties in a port or basin whose activity is the following:
1° Be the holder of a licence A, or of a coastal sea permit, or of a licence to conduct motor pleasure craft, coastal option, or of a professional certificate, patent or diploma attesting to a competence in maritime navigation;
2° Be a holder of a training certificate on the theory and practice of the police issued by the National Territorial Civil Service Centre. The program and the terms and conditions of this training are defined by a joint order of the Minister for Maritime Ports and the Minister of Interior.
Agents who, as of July 19, 2009, have performed the duties of the port supervisor as the State's vacatary port supervisor for a cumulative period of vacation of at least 12 months are exempt from the detention of the permit or professional title mentioned in the 1st.
The conditions of professional fitness required for the assignment of the quality of port supervisor performing his duties in a port or basin not having pleasure as an exclusive activity are as follows:
1° Be a licensee of permit B, permit C, or a licence for a high seas licence, or a licence to conduct motor pleasure craft, high-level extension, or a professional certificate, patent or diploma attesting to a proficiency in marine navigation;
2° Be a holder of a training certificate on the theory and practice of the police issued by the National Territorial Civil Service Centre. The program and the terms and conditions of this training are defined by a joint order of the Minister for Maritime Ports and the Minister of Interior.
Agents who, as of July 19, 2009, have performed the duties of the port supervisor as the State's vacatary port supervisor for a cumulative period of vacation of at least 12 months are exempt from the detention of the permit or professional title mentioned in the 1st.
The condition of professional fitness required for the award of the quality of a supervisory officer is to hold a training certificate on the theory and practice of the police, including the police of the conservation and operation of the field, issued by the National Centre of the Territorial Public Service. The program and the terms and conditions of this training are defined by a joint order of the Minister for Maritime Ports and the Minister of Interior.
The issuance of approval to port supervisors and supervisors referred to in section L. 5331-15 is subject to the absence of a criminal or correctional conviction incompatible with their duties in the criminal record number 2 Bulletin.
In the port of Port-Cros, the port supervisors are placed under the authority of the director of the body responsible for the national park of Port-Cros.
If a claim is made on board a vessel within the administrative limit of a port, the master of the vessel shall take all necessary measures on board to control the claim. It shall promptly notify the mastery whose personnel shall give the alert under the conditions set out in sections R. 5331-18 and R. 5331-19.
When the vessel is located in the maritime portion of the marine and river regulation zone, the master of the vessel also directly alerts the Regional Operational Monitoring and Rescue Centre (CROSS) in which the area is located.
The master of the vessel lends his assistance as necessary to the actions of the emergency operations commander under the direction of the emergency operations manager.
As soon as a port officer, deputy port officer, port supervisor, or surveillance assistant is aware of a disaster or that a vessel, vessel or floating equipment is in difficulty within the administrative limit of the port or the fluvial part of the marine area and regulation fluvial, it alerts the departmental fire and rescue operational center (CODIS) territorially competent, in accordance with the procedures defined jointly by the port authority and the director
If the loss or vessel, vessel or equipment in difficulty is located in the marine part of the marine area and regulatory fluvial, it alerts the Regional Operational Monitoring and Rescue Centre (CROSS) in which this area is located.
If the port is adjacent to a military port, it also warns the maritime zone commander.
The port officer, Assistant Port Officer, Port Monitor or Supervisory Officer who gave the alert pursuant to section R. 5331-18 shall report immediately to the port commander referred to in section R. 5331-4.
The port commander takes, if necessary, the first steps strictly and immediately necessary, until the arrival of the emergency commander.
As soon as a loss occurs in a landed facility within the port's administrative limit, the operator shall take all necessary measures to control the claim.
It promptly alerts the territorially competent departmental fire and rescue operational centre (CODIS) and warns the mastery whose staff give the alert under the conditions set out in section R. 5331-18 and shall report it immediately under the conditions set out in section R. 5331-19.
The operator shall assist as necessary in the actions of the emergency operations commander under the direction of the emergency operations manager.
In case of need, the Emergency Operations Director may request the assistance of the Regional Operational Monitoring and Rescue Centre (CROSS) whose jurisdiction is adjacent to the port or includes the marine and river port control area.
In all cases provided for in sections R. 5331-17 and R. 5331-18, port officers, assistant port officers, port supervisors and surveillance assistants lent their assistance, as appropriate, to the actions carried out by the emergency operations commander under the authority of the emergency operations manager.
Port officers, assistant port officers, port supervisors and supervisors advise by the fastest lanes the marine authority responsible for the control or safety of ships of any fact that they are aware of, in the performance of their duties, suggesting that a ship, vessel or floating equipment cannot take the sea safely for itself, the crew, passengers, the safety of navigation, health or
Port officers, assistant port officers and port supervisors may prohibit the departure of the vessel until the marine authority has declared the vessel, vessel or floating equipment in a position to take the sea.
At the duly notified request of the marine authority responsible for the control or safety of ships that has found anomalies with a clear risk to the crew, passengers, safety of navigation, health or the environment, port officers, assistant port officers and port supervisors take the necessary measures to prevent the departure of the vessel in question and, where appropriate, stop the ongoing port operation.
Port officers, assistant port officers, port supervisors and supervisors are subject, as appropriate, to the authority of the marine zone commander, when the following are involved:
1° The conservation and freedom of movement of vessels or floating machinery belonging to or used by the French or foreign armed forces;
2° National defence requirements affecting the freedom of movement of vessels or floating machinery other than those mentioned in the 1st;
3° The arrival, departure or stay in the ports of the materials for national defence.
In the ports adjacent to the military ports, port officers, assistant port officers, port supervisors and surveillance assistants obey the orders of the military authority for all matters concerning the safety and security of ships belonging to the French or foreign armed forces, or used by them.
The military authority shall immediately communicate to the port authority and to the authority vested in the port police authority the orders given to the personnel under the authority of the port police.
Port officers, assistant port officers, port supervisors and supervisors lent their assistance to ensure the safety of vessels belonging to or used by the French or foreign armed forces, when located in the port.
Port officers, Assistant Port Officers and Port Monitors immediately report to the Maritime Area Commander on the movements of ships, sea events and all facts that have come to their knowledge, which may be of interest to the security and security of the territory.
When a vessel in difficulty needs assistance, the marine prefect or, in addition to the sea, the delegate of the Government for the action of the State at sea may, in order to ensure the safety of persons or property or to prevent environmental damage, decide, after the advice of the prefect or senior official in the area of defence and security, that the vessel will be welcomed in a port it designates. He then directs the port authority to welcome this ship.
The department prefect shall ensure the execution of the decision referred to in article R. 5331-27. It may, if necessary, authorize or order the movement of the vessel in the port.
When the port extends over several departments, the competent prefect is that of the department where the vessel's harbour facilities are located. He acts after informing the prefects of the other departments.
An interdepartmental security group for maritime transport and port operations is established, chaired by the Minister for Transport. In addition to its president, this group includes the following twelve members:
1° Two appointed by the Prime Minister;
2° Two designated by the Minister for Transport;
3° Two designated by the Minister of Interior;
4° Two designated by the Minister of Defence;
5° A designated by the Minister of Customs;
6° A designated by the Minister of Justice;
7° A designated by the minister responsible for the overseas;
8° A designated by the Minister of Foreign Affairs.
The chair of the interdepartmental group may be replaced by one of the members designated by the Minister for Transport. The secretariat of the interdepartmental group is provided by the Minister for Transport.
On the proposal of its president, the group may hear any qualified person.
The interdepartmental security group of marine transport and port operations:
1° Proposes to the competent ministers the general guidelines of the national maritime transport and port security policy, as well as any legislative or regulatory provisions and any actions to ensure and strengthen the safety of ships and seaports;
2° Provides an opinion on all matters of its competence submitted to it by the ministers concerned;
3° Orients the action of the local port security committees established in Article R. 5332-4.
The interdepartmental security group of the marine transport and port operations meets at least twice a year and, where applicable, at the request of one of its members, at the convocation of its president who sets the agenda.
In each of the ports mentioned in Article R. 5332-18, a local port security committee shall, under the chairmanship of the representative of the State in the department, include the following members:
1° The heads of the deconcentrated services of the State whose action contributes to the safety of marine transport and port operations;
2° The Maritime Prefect or the Government Delegate for State Action at Sea;
3° The maritime zone commander for metropolitan ports or the superior commander of the armed forces for overseas ports;
4° The port authority and the port security officer referred to in R. 5332-25;
5° The authority vested in the port police power;
6° The port manager if applicable.
The deliberations of the local port security committee and the information that its members are aware of during their work are secret.
The local port security committee issues an opinion on:
1° The project to assess the port security and the plan of port security;
2° Projects to assess the security of port facilities and projects of security plans of port facilities;
3° Projects for construction and modernization of port infrastructure and equipment, when the representative of the State in the department considers that they present safety issues;
4° Except in the event of an emergency, the safety measures proposed to be taken in the marine and fluvial area of regulation defined in Article L. 5331-1.
The local port security committee may also be consulted by the representative of the State in the department with a view to:
1° To issue a notice on all security issues in the security port area defined in Article L. 5332-1;
2° To propose any measures that contribute to the strengthening of the level of vigilance in the port, including information, awareness-raising, training, exercises and training;
3° To propose any coordination measures between the relevant public safety services and private organizations where appropriate.
[...]
The Maritime Prefect or the Government Delegate for the Action of the State at Sea defines specific safety measures for the maritime part of the marine and river basin area of regulation of the ports listed in Article R. 5332-18. These measures determine for each level of security to be respected, the procedures to be followed, the measures to be put in place and the actions to be taken in respect of safety.
A security clearance commission is established under Article L. 5332-7 and Article L. 5251-3.
This commission is chaired by the Minister for Transport.
In addition to its Chairperson, the Commission comprises seven members, as follows:
1° Two designated by the Minister for Transport;
2° Two designated by the Minister of Interior;
3° Two designated by the Minister of Defence;
4° A designated by the Minister of Customs.
The chair of the commission may be replaced by one of the members designated by the Minister for Transport. His voice is preponderant in case of sharing.
The secretariat of the Enabling Commission is provided by the services of the Minister responsible for transport.
Each member may be assisted by the people of his choice.
On the proposal of its President, the Enabling Commission may hear any qualified person.
The Enabling Committee shall meet on the convocation of its President who shall establish the agenda of the meeting.
The request for security clearance as a security agency is addressed to the Minister responsible for transport in accordance with the terms defined by the Minister's order.
The application specifies the class(s) of port facilities or vessels for which the agency requests the authorization.
The authorization as a security agency shall be issued by order of the Minister responsible for transport taken after notice of the enabling commission established in section R. 5332-8, based on criteria defined by an order of that Minister.
Enabling is granted for up to five years.
The enabling decision specifies the category or categories of port or ship facilities for which the security agency is authorized. It is notified to the organization and published in the Official Journal of the French Republic.
The authorized security agency shall inform the Minister responsible for transportation of any changes to the information referred to in the authorization request. The amendments are communicated to the enabling committee.
The members of the Enabling Commission and the persons authorized for this purpose by the Minister for Transport have access to the premises of any authorized security agency, with the exception of the parties for exclusive use of housing and trade union premises, to carry out the controls to verify that the organization continues to meet the criteria that justified its authorization. The latter shall provide at the request any document useful to the control and evaluation of its activity.
The cost of these controls is borne by the safety agency.
Enabling authority may be withdrawn by the Minister responsible for transport, after notice or on proposal of the Enabling Board, where the security agency no longer meets the enabling criteria or fails to meet the requirements of this section. The organization is previously notified of the proposed withdrawal measure and has a period of one month to present its observations.
In the event of an emergency, the authorization may be suspended without notice for a maximum of two months by a reasoned decision of the Minister for Transport.
Decisions for withdrawal and suspension of authorization are notified and published under the same conditions as the enabling decisions.
The State may entrust to authorized security agencies the conduct on its behalf of the assessment and control missions provided for in this chapter.
Port authorities, port facilities operators and shipowners may entrust to the authorized security agencies the establishment on their behalf of security assessments and, except in respect of the water plans of the port security zone, safety plans defined in section 3 of this chapter as well as safety assessments and security plans of the ships, or ask them to participate in them.
An organization that has participated in the establishment of the evaluation of the port security right cannot participate in the establishment of the corresponding port security plan.
The authorized security agency shall send an annual activity report to the Minister responsible for transport, the framework of which shall be determined by order of the Minister.
The authorized security agency guarantees the confidentiality of the facts, information and documents that it is aware of in carrying out its duties.
He only entrusts the execution on his behalf of the missions defined in articles R. 5332-13 and R. 5332-14 to persons authorized by the representative of the State in the department. This approval, valid throughout the national territory, is requested by the authorized security agency which establishes, for each officer, a record whose composition and transmission modalities are fixed by a joint decree of the Ministers of Justice, Interior, Defence and Ministers responsible for Transport and Customs. This order also defines the accreditation procedure. Accreditation is issued after an administrative investigation for a period not exceeding five years.
Accreditation may not be granted in the event of a criminal or correctional conviction incompatible with the functions to be performed. The representative of the State in the department ensures compliance with this condition by requesting the communication of Bulletin No. 2 of the criminal record to the automated national criminal record by means of a secure telecommunication or its equivalent, with regard to foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force.
Accreditation may be refused, withdrawn or suspended by the representative of the State in the department where the morality or behaviour of the person concerned do not present the necessary guarantees in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of the functions provided for in this subsection.
When the conditions of its grant are no longer met, the approval shall be withdrawn by the representative of the State in the department after the person concerned has been allowed to make observations.
In the event of an emergency, the approval may be suspended without notice by the representative of the State in the department for a maximum of two months.
Approval decisions and those for withdrawal or suspension of approval shall be notified to the interested party and to the authorized security agency.
The accreditation opens to its holder the same rights as the authorization referred to in R. 5332-39.
The provisions of this section apply in ports subject to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 relating to the improvement of the safety of ships and port facilities. The Minister for Transport sets the list by order.
However, an order of the Minister for Maritime Ports determines, based on the mandatory assessment of the security risk that he has made pursuant to paragraph 3 of section 3 of the regulation referred to in the first paragraph, to what extent the provisions of this chapter apply to certain categories of vessels performing domestic services and to ports and port facilities serving them. The Minister ensures that the overall level of security cannot be compromised.
The port security zone established by Article L. 5332-1 is delimited by decree of the representative of the State in the department after notice of the harbour authority.
The port authority shall take the measures to ensure the security of land grabs in the security port area according to the level of security established by the Prime Minister pursuant to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 concerning the improvement of the safety of ships and harbour facilities.
The port authority defines and implements the security measures in the land grabs that do not belong to a port facility and coordinates the definition and implementation of the measures concerning these facilities.
An assessment of the port security right, covering the port security zone as well as any adjacent area of interest to the security of the port, is established by the State services or by an authorized security agency, in accordance with the terms defined by an order of the Minister for Transport. This assessment takes into account, inter alia, the provisions of the articles R. 1332-16, R. 1332-17 and R. 1332-18 the Defence Code relating to the safety of vital activities.
The assessment is approved by joint decree of the representative of the State in the department and the marine prefect or the delegate of the Government for the action of the State at sea after the advice of the local port security committee.
At the end of the evaluation of the port security right, a port security plan is established by the port authority in terms defined by an order of the minister responsible for transport.
The elements of the plan relating to the water plans of the port security zone are established jointly by the port authority and by the state services.
The port security plan determines, for each of the safety levels provided for in Regulation (EC) No. 725/2004 of the European Parliament and the Council of 31 March 2004, the procedures to be followed, the measures to be put in place and the actions to be taken in respect of safety. It covers the entire security port area established by Article L. 5332-1. If the port contains at least one point of vital importance in the sense ofArticle R. 1332-4 of the Defence Codethe plan or part of it shall take place in the particular port protection plan provided for in Article L. 1332-3 of the same code by derogation from the procedure defined in Article R. 1332-34 of the same code. In this case, the protection rule set out in the last paragraph of the same article R. 1332-24 does not preclude communication to port personnel of the part of the port security plan containing the operational information and instructions to be known to that staff.
The port security plan is approved, after the advice of the local port security committee, by an order of the State representative in the department that determines the restrictions made to its advertisement.
The representative of the State in the department certifies, by a declaration of conformity whose validity may be less than that of the approved port security plan, that compliance by the port with the legislative and regulatory safety provisions has been verified and that the operation of the port respects the plan.
The Minister responsible for transport or the representative of the State in the department may at any time verify the conformity of the port security plan to the regulations in force and the degree of security actually provided in the port, by means of an audit, possibly unannounced, carried out by the services of the State or by an authorized security agency. The port authority authorizes those responsible for the audit to access all equipment relevant to the security of the port and all documents relating, directly or indirectly, to the port.
The port security plan is developed for a period of five years. It may be amended during its period of validity on the instruction of the Minister responsible for transport or the representative of the State in the department or at the initiative of the port authority. A change may only result in a new five-year validity period if approved in the same manner as the original plan.
The plan is amended or completed in any change that has security implications. The draft amendments or supplements are brought to the attention of the representative of the State in the department, who may prescribe the approval of the modified plan or supplemented in the same manner as the initial plan if the importance of the amendments or supplements warrants it.
In the event of major insufficiency, the port security plan is subject to an amendment that gives rise to approval in the same manner as the initial plan. If, after a non-implementation, this amendment does not intervene, the representative of the State in the department may withdraw the approval of the plan.
When, eventually, a major failure to comply with the security of the port, the representative of the State in the department may, after a non-implementation, withdraw the declaration of conformity of the port.
The implementation of the port security plan leads to exercises and trainings organized by the port authority under conditions fixed by a joint decree of the ministers of the interior, defence and ministers responsible for finance and transport.
The Port Authority shall designate among the personnel under its authority, for a maximum period of five years renewable, a security officer responsible for preparing and implementing the Port Security Plan. If the port of security zone contains a vital area of importance, this officer shall act as delegate for the defence and security of that area by derogation from provisions of Article R. 1332-37 of the Defence Code.
The port security officer works in collaboration with the security officers of the port facilities mentioned in section R. 5332-32 in order to coordinate the implementation of the port security plan with that of the security plans of the harbour facilities provided for in section R. 5332-29.
The designation as a port security officer is subject to the possession of an approval issued by the representative of the State in the department under the conditions defined below and a certificate of fitness whose conditions of obtaining and issuing are defined by an order of the Minister responsible for transport.
It is terminated the duties of the port security officer when one of these conditions is no longer fulfilled. In order to ensure the permanence of functions, the port authority may designate one or more alternates that are approved under the same conditions as the incumbent security officer.
The Port Security Officer and its alternates shall ensure the confidentiality of the facts, information and documents they are aware of in the exercise of their duties, including the assessment of the security of the port and sensitive parts of the security plan.
The approval of a Port Security Officer or Port Security Officer is valid throughout the national territory. It is requested by the port authority, which establishes, for each agent, a file whose composition and transmission modalities are fixed by joint order of the Ministers of Justice, Interior and Defence and of the Ministers responsible for Transport and responsible for Customs. The same order further defines the procedure for accreditation. Accreditation is granted, after an administrative investigation, for a period not exceeding five years.
Accreditation may not be granted in the event of a criminal or correctional conviction incompatible with the functions to be performed. The representative of the State in the department ensures compliance with this condition by requesting the communication of Bulletin No. 2 of the criminal record to the automated national criminal record by means of a secure telecommunication or its equivalent, with regard to foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force.
Accreditation may be refused, withdrawn or suspended by the representative of the State in the department where the morality or behaviour of the person concerned do not present the guarantees required in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of one of the functions provided for in this article.
When the conditions of its grant are no longer met, the approval shall be withdrawn by the representative of the State in the department after the person concerned has been allowed to make observations.
In the event of an emergency, the approval may be suspended without notice by the representative of the State in the department for a maximum of two months.
The approval decisions and those of withdrawal or suspension of approval are notified to the interested party and to the port authority.
The accreditation opens to its holder the same rights in the port of which it notes that the authorization referred to in article R. 5332-39.
The list of port facilities located inside the security port area that are subject to the provisions of this subsection is stopped for each port by the representative of the State in the department on proposal of the port authority. The Order identifies the operator, the perimeter and the main physical and functional characteristics of each facility.
The operator of the port facility shall take appropriate measures to ensure the safety of this facility, taking into account, inter alia, the requirements set out in section 4 on restricted areas. These measures correspond to the level of safety set by the Prime Minister pursuant to Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the safety of ships and port facilities.
An assessment of the security of the port facility is established by the State or by a security agency authorized under the terms defined by an order of the Minister for Transport. It is approved by an order of the representative of the State in the department after notice of the harbour authority and the local port security committee. The opinion of the harbour authority shall be deemed favourable if it is not expressed within two months from its referral by the representative of the State in the department.
At the end of the assessment of the security of the port facility, a security plan for the port facility is established by the operator of the port facility in accordance with the terms defined by an order of the Minister for Transport.
This security plan is approved by an order of the representative of the State in the department after notice of the port authority and the local port security committee. The opinion of the harbour authority shall be deemed favourable if it is not expressed within two months from its referral by the representative of the State in the department. If the harbour facility is described as a vital point in application of theArticle R. 1332-4 of the Defence Code, its security plan is a special protection plan by derogation from the procedure provided for in theArticle R. 1332-34 of the Defence Codeafter implementation of the procedures described in subsection 2 of section 5 of Chapter II of Title III of Book III of the first regulatory part of the Code. In this case, the protection rule set out in the last paragraph of its article R. 1332-24 does not preclude the communication to the port personnel of the portion of the security plan of the port facility that must be known to that personnel.
The port facility security plan determines, for each of the safety levels provided for in Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the safety of ships and port facilities, the procedures to be followed, the measures to be put in place and the actions to be taken in respect of safety.
It takes into account the requirements of the decree of the representative of the State in the department provided for in article R. 5332-36.
The representative of the State in the department certifies, by a declaration of conformity whose validity may be less than that of the security plan of the port facility, that the compliance by the port facility of the legislative and regulatory provisions on safety has been verified and that the operation of the facility respects the plan.
The Minister responsible for transport or the representative of the State in the department may at any time verify the conformity of the security plan of the port facility with the regulations in force and the context and the degree of security actually provided in the installation, by means of an audit, possibly unannounced, of the port facility and of its security plan carried out by the services of the State or by an authorized security agency. The operator of the port facility authorizes those responsible for the audit to access all equipment relevant to the security of the facility and all documents relating, directly or indirectly, to the security of the facility.
The port facility security plan is developed for a period of five years. It may be amended during its period of validity on the instruction of the Minister responsible for transport or the representative of the State in the department or at the initiative of the operator of the port facility. A change may only result in a new five-year validity period if approved in the same manner as the original plan.
The plan is amended or completed in any change that has security implications. The draft amendments or supplements are brought to the attention of the representative of the State in the department, who may prescribe the approval of the modified plan or supplemented in the same manner as the initial plan if the importance of the amendments or supplements warrants it.
In the event of major insufficiency, the port facility's security plan is subject to an amendment to be approved in the same manner as the original plan. If, after a non-implementation, this amendment does not intervene, the representative of the State in the department may withdraw the approval of the plan.
When it finds, possibly during an audit, a major failure to comply with the security of the port facility, the representative of the State in the department may, after a non-implementation, withdraw the declaration of conformity of that facility. In this case, this facility shall establish a security declaration as provided for by the International Maritime Organization (ISPS) with any porting ship subject to the International Code for the Safety of Ships and Port Facilities (ISPS) adopted on 12 December 2002.
The implementation of the port facility security plan results in exercises and trainings organized by the operator of the port facility under conditions fixed by an order of the Minister responsible for transport.
The operator of the port facility shall designate among its personnel, for a maximum of five years renewable, a security officer responsible for preparing and implementing the security plan for the facility. If it has been identified as a vital point of importance in the application of provisions of Article R. 1332-4 of the Defence Code, this officer shall serve as a defence and security delegate under section R. 1332-6 of the same code.
The designation of the security officer of the port facility is subject to the possession of an approval issued by the representative of the State in the department under the conditions defined below and a certificate of fitness whose conditions of obtaining and issuing are defined by an order of the Minister responsible for transport.
It is terminated the duties of security officer of the port facility when one of these conditions is no longer fulfilled. In order to ensure the permanence of functions, the operator of the port facility may designate one or more alternates that are approved under the same conditions as the incumbent security officer.
The security officer of the port facility and its alternates ensure the confidentiality of the facts, information and documents they are aware of in the exercise of their missions, including the assessment of the security of the facility and sensitive parts of the security plan.
The approval of a Port Facility Security Officer or Port Facility Security Officer is valid throughout the national territory. It is requested by the operator of the port facility that establishes for each agent a file whose composition and transmission modalities are fixed by joint order of the Ministers of Justice, Interior and Defence and the Ministers responsible for Transport and responsible for Customs. The same order further defines the procedure for accreditation. Accreditation is issued for a period not exceeding five years, following an administrative investigation.
Accreditation may not be granted in the event of a criminal or correctional conviction incompatible with the functions to be performed. The representative of the State in the department ensures compliance with this condition by requesting the communication of Bulletin No. 2 of the criminal record to the automated national criminal record by means of a secure telecommunication or its equivalent, with regard to foreign nationals, to the criminal record of the State of nationality according to the provisions of the international conventions in force.
Accreditation may be refused, withdrawn or suspended by the representative of the State in the department where the morality or behaviour of the person concerned do not present the guarantees required in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of one of the functions provided for in this article.
When the conditions of its grant are no longer met, the approval shall be withdrawn by the representative of the State in the department, after the person concerned has been allowed to make observations.
In the event of an emergency, the approval may be suspended without notice by the representative of the State in the department for a maximum of two months.
The approval decisions and those of withdrawal or suspension of approval are notified to the person concerned, the port authority and the operator of the port facility.
The accreditation opens to its holder the same rights as the authorization referred to in R. 5332-39.
Subject to the agreement of the representative of the State in the department, the same security assessment, the same security plan or the same security officer may, within a port, cover several nearby port facilities with similar characteristics and environment. The operators of these facilities then enter into a convention defining their respective responsibilities.
One or more restricted access zones, possibly divided into sectors, may be created in any port facility by order of the representative of the State in the department in accordance with the provisions of Article L. 5332-2, after notice of the operator of the harbour facility and the harbour authority.
The respective notice of the operator of the port facility and the port authority is deemed favourable if it is not rendered within one month of the referral by the representative of the State in the department.
A restricted access area is, unless proven technical impossibility, created in any port facility dedicated to the reception of passenger vessels or container ships, oil, gas or transporting dangerous goods. The operator who considers it impossible to meet one of the requirements related to the creation of a restricted access zone presents a file justifying it to the representative of the State in the department that collects the opinion of the local port security committee before deciding.
One or more restricted access zones, possibly divided into sectors, may be created in the port security zone outside of any harbour facility, by decree of the representative of the State in the department in accordance with the provisions of Article L. 5332-2, after notice of the harbour authority. In these areas, the port authority is responsible for the obligations that weigh on the port facility operator under this section.
The representative of the State in the fixed department by order, for each restricted area, the special conditions of access, traffic and parking of persons, vehicles and goods and the corresponding signalling procedures.
The movement of persons and vehicles in a restricted access area is subject to the apparent port of one of the traffic titles defined in this subsection.
The operator of the port facility built around each restricted access area and maintains a fence, in accordance with the technical specifications established pursuant to section R. 5332-44, and takes for this area the monitoring measures that correspond to the level of security set by the Prime Minister under Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 concerning the improvement of the safety of ships and port facilities.
The operator of a port facility only allows to enter a restricted access area of that facility:
1° The personnel of the port authority, the personnel of the port facility operator, the personnel of the social services, as well as the personnel who usually intervene in the restricted access area for their professional activity, with an authorization and traffic title;
2° Officials and officers who are usually responsible for the conduct of police, security and relief missions on the port, with an authorization except in respect of officials and officials of the state in uniform or with an order of mission or a commission of employment and a title of traffic;
3° Ships navigating personnel hosted by the port facility and those on board these vessels to perform professional duties related to the operation of the vessel, with a temporary traffic title;
4° Persons admitted for a short period of time in the restricted area with a temporary traffic permit;
5° Passengers of vessels hosted by the port facility, equipped with the appropriate shipping title;
6° Police, security or relief officers, as part of their emergency response;
7° Representatives designated by trade union organizations representative of ship navigators and persons on board these vessels to carry out professional duties related to the operation of the vessel, with a temporary traffic title or, exceptionally, an authorization and a permanent traffic title.
The inspectors and inspectors of the labour inspection, as well as public officials and agents carrying out safety or security assessment or control missions, shall be provided with a national traffic permit issued by the Director General of Infrastructure, Transport and the Sea and are authorized to enter the restricted areas referred to in R. 5332-34.
The authorization referred to in Article R. 5332-37 is valid throughout the national territory. It is requested by the employer who prepares for each officer a file whose composition and transmission modalities are fixed by joint order of the Ministers of Justice, Interior and Defence and the Ministers responsible for Transport and Customs. The same order further defines the authorization procedure. Enabling is granted for a period not exceeding five years by the representative of the State in the department following an administrative investigation.
Enabling may not be granted in cases of criminal or correctional conviction incompatible with the functions to be performed. The representative of the State in the department ensures compliance with this condition by requesting the communication of Bulletin No. 2 of the criminal record to the National Automated Judicial Officer by means of a secure telecommunication or its equivalent, with regard to foreign nationals with the criminal record of the State of nationality according to the provisions of the international conventions in force.
The authorization may be refused, withdrawn or suspended by the representative of the State in the department where the morality or behaviour of the person concerned do not have the necessary guarantees in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of an activity in restricted areas of access.
The authorization is withdrawn by the representative of the State in the department, after the person concerned has been able to make observations, when the conditions of his release are no longer met.
In the event of an emergency, the authorization may be suspended without notice by the representative of the State in the department for up to two months.
In the event of an imperious emergency, the authorization may be suspended on a provisional basis for a maximum period of forty-eight hours by the representative of the authority vested in the port police authority who immediately informs the representative of the State in the department.
Enabling decisions and withdrawal or suspension decisions are notified to the person and operator of the port facility.
The permanent traffic title required at 1°, 2° and exceptionally at 7° of Article R. 5332-37 shall be issued by the operator of the port facility to the persons authorized for the strictly necessary duration for the exercise of the activity in restricted zone of each of them, within the term of validity of the authorization and without being able to exceed five years.
It specifies, where applicable, the restricted area areas to which the licensee is authorized to access.
The operator of the port facility shall inform the persons mentioned at 1° and 2° and, if applicable, those mentioned at 7° of Article R. 5332-37 of the general principles of security and of the particular safety rules to be observed within the restricted access area.
The traffic title is removed by the operator of the port facility when one of the conditions that prevailed to its deliverance is no longer fulfilled.
The operator of the harbour facility shall issue to the persons referred to in 3° and 4° and, if applicable, to those mentioned in 7° of Article R. 5332-37 a temporary traffic title indicating, in particular, the period of authorization of access. It brings to their knowledge the essential safety rules to be respected within the restricted access area.
Access and parking of vehicles within the restricted access area are limited to the justified requirements of the operation of the port and vessel facility and the exercise of public authorities' missions.
A joint order of Ministers of Interior and Defence and Ministers of Customs and Transport sets out the characteristics of traffic securities in restricted areas, their terms of delivery, and their rules of port and use. This Order includes the conditions under which the temporary traffic of ship navigators is issued.
The Minister responsible for transport shall, by order, establish a list of equipment and systems relevant to port security or that of port facilities, ships, goods, personnel or passengers that may not be implemented in restricted areas only if they meet technical specifications defined by the same order.
Compliance with these specifications may be certified by a type or individual certification issued by the Minister responsible for transport.
A joint order of Ministers of Interior and Defence and Ministers of Transport and Customs shall establish a list of objects or goods whose introduction into restricted areas and on board vessels is prohibited or subject to specific requirements. This list is brought to the attention of users by port operators and shipowners.
The operator of the port facility shall, under the conditions provided for in Article L. 5332-6, proceed to the security visit of the persons and vehicles entering the restricted access area of the harbour facility, as well as the packages, bags and goods they carry.
The shipowner shall, under the conditions provided for in Article L. 5332-6, proceed to the safety visit of the persons and vehicles entering the vessel, as well as the packages, baggage and goods they carry.
A joint order of the Ministers of the Interior and Defence and the Ministers responsible for transport and the Customs office defines:
1° The distribution of tasks between the operator of the port facility and shipowners for security visits and the conditions under which it may be derogated from this distribution;
2° The technical requirements for safety visits and the procedures for determining the frequency of such visits.
The operator of the port facility prohibits the access of the restricted area to any person refusing to submit to the security visits provided for in section R. 5332-46. It shall promptly notify the local police or gendarmerie.
The shipowner prohibits the vessel's access to any person who refuses to submit to the security visits provided for in R. 5332-46. It shall promptly notify the local police or gendarmerie.
The persons responsible for the security visits provided for in Article R. 5332-46 must have received the approval of the representative of the State in the department and the prosecutor of the territorially competent Republic. The approval is requested, as the case may be, by the operator of the port facility, the shipowner or the port service provider who make up for that purpose, for each agent they designate, a record whose composition and transmission modalities are fixed by joint decree of the ministers of justice, the interior and the defence and the ministers responsible for transport and the customs. The same order also defines the procedure for accreditation.
The application for approval under this section shall be made under the same application file under section R. 5332-39.
Accreditation is granted for a maximum of five years renewable after an administrative investigation.
Accreditation may not be granted in the event of a criminal or correctional conviction incompatible with the functions to be performed. The representative of the State in the department ensures that this condition is respected by requesting communication of Bulletin No. 2 of the criminal record to the automated national criminal record by means of a secure telecommunication or its equivalent for a national of the European Union.
Accreditation is denied, withdrawn or suspended by the representative of the State in the department where the morality or behaviour of the person concerned do not present the guarantees required in respect of the security of the State, public safety, security of persons, public order or are incompatible with the exercise of an activity in restricted areas of access.
Accreditation is withdrawn by the representative of the State in the department or by the prosecutor of the Republic when the conditions of issue are no longer met. The person concerned is previously informed of the measure envisaged and has a 15-day time limit to submit his observations, as the case may be, to the representative of the State in the department or the prosecutor of the Republic.
In the event of an emergency, the approval shall be suspended without notice for a maximum of two months by the representative of the State in the department or prosecutor of the Republic.
The security inspection officers who have been approved for this purpose shall be issued the traffic title referred to in 1° of Article R. 5332-37. They are permanently worn in an apparent way, in addition to this title, a distinguishing sign of their function.
The employer of the persons authorized under section R. 5332-48 provides initial training and ongoing training on the conduct of security visits, general safety principles and the use of technical controls, as well as periodic training in the detection of illicit objects and substances. It can only carry out the tasks set out in R. 5332-46 by persons who have completed these trainings and trainings. The conditions for approval of these trainings are set by order of the Minister for Transport.
The representative of the State in the department, assisted by the authority vested in the port police power, organizes and ensures the monitoring of the water plans included in the port security zone.
In the ports whose list is fixed by joint decree of the Ministers of the Interior and the Defence and the Ministers responsible for the Customs and responsible for the transports, the competitions made by the State services to ensure the safety of the water plans and the modalities for coordination of them are defined by a joint decree of the Maritime Prefect and the representative of the State in the department.
The provisions of this chapter apply within the administrative limits of the ports whose dominant activity is trade or fishing, with the exception of their basins exclusively for pleasure.
Sections R. 5333-8, R. 5333-9 and R. 5333-10 also apply in the marine and river control area referred to in L. 5331-1.
For the purposes of this chapter, dangerous goods or pollutants as defined in the General Regulations for the Carriage and Handling of Dangerous Goods in Maritime Ports, as provided for in Article L. 5331-2.
Shipowners or consignatories must send to the port captain, in writing or electronically, according to the model in use in the port, an application for the assignment of a dock with the information necessary for the organization of the port of call.
This application must be submitted at least 48 hours in advance. However, vessels or vessels performing several ports of call or rotations within this period, according to schedules fixed and published in advance, may be exempted from this period. In the event of a duly justified failure to comply with this deadline, it must be addressed as soon as possible and at least seventy-two hours in advance if the vessel is eligible for a strengthened inspection.
It is confirmed to the Captain's office twenty-four hours in advance by any means of transmission.
In the event of an amendment to one of the elements of the application, the Captain shall be notified without delay.
After consultation with the authority vested in the port police authority, the port authority assigns the post to dock that each vessel or vessel must occupy, in particular, its length, its drawer of water, the nature of its loading, the necessity of operation and the particular uses and regulations.
The masters shall transmit to the mastery of the port of destination, in writing or electronically, according to the model in use in the port, twenty-four hours in advance, or at the latest at the departure of the previous port when the port is located less than twenty-four hours of road, or, if not, as soon as the port of destination is known:
1° For commercial vessels or vessels and pleasure craft more than 45 metres in length, a declaration of entry that includes:
(a) Identification (name, radio code, IMO and MMSI number) of the vessel or vessel;
(b) The likely date and time of arrival in the marine and river regulation zone;
(c) The likely date and time of the device;
(d) The total number of people on board;
(e) The physical characteristics of the vessel or vessel (gross and net floods, full load displacement, full length, maximum width, maximum water from the vessel or vessel and pulling water at the arrival at the port, firing from air at the arrival);
(f) The damage of the vessel or vessel, its fittings or cargo;
(g) The summary of security and other documents required for navigation at sea with their end of validity date.
IMO Form FAL No. 1, General Declaration, is allowed to complete the entry declaration;
2° If applicable, the maritime health declaration and a health control exemption certificate or a valid health control certificate;
3° Where applicable, the declaration provided by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports;
4° For vessels subject to it, a certificate that the vessel has a valid security certificate and the name of the authority having issued it, as well as the security information provided for in Article 6 of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004, or, for vessels carrying out journeys covered by agreements relating to other security arrangements referred to in the same security arrangements and equivalent arrangements
5° For vessels referred to in R. 5334-6, the declaration on wastes of operation and residues of cargo under that same section;
6° For vessels with a gross tonnage greater than 100 units, the information required for the establishment of freight and passenger transport statistics by sea.
A rectificative message must be sent if one of the information is changed;
7° For vessels of a gross tonnage equal to or greater than 300 units, an attestation that the vessel holds on board the certificate of insurance provided for in section L. 5123-1 and the certificate of insuranceArticle 88 of Decree No. 67-967 of 27 October 1967 the status of ships and other sea buildings.
In addition, captains of vessels likely to be subject to a strengthened inspection shall forward to the mastery of the port of destination, in writing or electronically, according to the model in use in the port, seventy-two hours in advance, or at the latest at the departure of the previous port when the port of destination is located less than seventy-two hours or, if not, as soon as the port of destination is known, the following information:
1° Identification with the name, radio sign, IMO and MMSI number of the vessel;
2° The likely date and time of arrival;
3° The likely date and time of the device;
4° Possible operations such as loading, unloading or other;
5° The planned inspections and regulatory visits and major maintenance and repair work to be carried out in the port of destination;
6° The date of the last strengthened inspection in the area covered by the Paris Memorandum of Understanding;
7° For a tanker: its configuration by specifying whether it has a single shell, simple hull with separate ballasts (SBT), or double hull, the state of the cargo and ballast tanks, specifying whether they are full, empty or inert, the volume and nature of the cargo.
Prior to the aircraft, vessels and commercial vessels shall apply to the master's office for an exit authorization that includes:
1° Identification with the name, radio sign, IMO and MMSI number of the vessel or vessel;
2° The desired date and time of the device;
3° The drawer at the exit;
4° The pulling air at the exit;
5° Full-load movement;
6° The total number of people on board;
7° The destination port and the likely date and time of arrival.
The IMO Form FAL No. 1, General Declaration, is allowed to apply for exit authorization.
They also transmit:
1° Where applicable, the declaration provided by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports;
2° For vessels referred to in R. 5334-4, the declaration provided for in that same article;
3° For vessels with a gross tonnage greater than 100 units, the information required for the establishment of freight and passenger transport statistics by sea.
Exit authorization is given by the authority vested in the port police power.
The special rules for the assignment of a dock, the admission to the port and the exit for fishing or pleasure vessels and floating equipment are, if any, fixed by the particular regulation of the port.
Sections R. 5333-3 to R. 5333-5, the first, second and last paragraphs of R. 5333-8, sections R. 5333-10, R. 5333-11, R. 5333-16 and the second paragraph of R. 5333-21 are not applicable to vessels belonging to or used by the French or foreign armed forces.
However, the local representative of the national navy informs the authority vested in the port police power of the entry and exit of vessels belonging to the French or foreign armed forces, or used by them, so that this authority can regulate the entry and exit of ships, ships and floating equipment according to military needs.
Exceptions to the other provisions of these Regulations, which may be granted to vessels belonging to or used by the French or foreign armed forces, shall be granted by mutual agreement by the local representative of the national navy and, according to their purpose, by the port authority or the authority vested in the port police power.
Port officers, assistant port officers and port supervisors, acting on behalf of the authority vested with the port police, authorize access to the port and the departure of the port of all ships, ships and floating equipment. They set the permissible water shooters by taking into account the information provided by the port authority on the state of the funds and other elements that may affect navigation.
They regulate the order of entry and exit of the port of ships, ships and floating machines. Port officers, assistant port officers and port supervisors may prohibit the port's access to vessels, vessels and floating equipment whose entry would be likely to compromise the safety, security, health or the environment as well as the conservation or good operation of the harbour works.
They order and direct all movements of ships, ships and floating machines. The movements of ships, ships and floating machinery are carried out in accordance with the regulatory signalling. However, orders issued by port officers, assistant port officers and port supervisors prevail on signage.
The movements of ships, ships and floating machinery are carried out in accordance with the navigational practices and orders received, under the responsibility of their master or boss who remains master of the manoeuvre and must take the necessary measures to prevent accidents. They must be carried out at a speed that is not harmful to other users, to shipyards and rescue sites, to water passages, docks and fittings and other installations.
When it enters the port and when it leaves, any vessel, in addition to the regulatory signalling flags, is the flag of its nationality.
The authority vested in the port police authority may impose on the captains the assistance of towing and lamanage services.
It is prohibited for any vessel, vessel or floating equipment, inside the port and in the marine and river regulating area, to park outside the locations assigned to it and to prevent free movement.
Specific regulations specify the conditions under which the parking and anchor anchor anchor anchorage are allowed in the port except access channels.
Unless expressly authorized or absolute necessity, the parking and anchor anchor anchor anchorage are formally prohibited in the access channels and in the avoidance circle of a floating marine signalling facility.
Captains and patrons who, as a result of an absolute necessity, had to wet their anchors in the access channels or in the avoidance circle of a floating marine signalling facility must ensure their signalling, notify the port captain immediately and proceed with their removal as soon as possible.
Any loss of an anchor, chain or other anchorage material inside the port during anchorage and removal operations must be reported promptly to the master.
The authority vested in the power of the harbour police places in the port ships, ships and floating machinery to the docks assigned by the harbour authority.
These are moored under the responsibility of their master or boss, in accordance with the maritime uses and the requirements that are served by the authority vested in the port police power.
Can be used for mooring only the mooring organs specially established for this purpose on the work or the mooring boxes.
It is defended to any captain or owner of a ship, ship or floating equipment to settle on a marine signalling facility.
It is forbidden to maneuver the moorings of a ship, ship or floating equipment to any person other than the crew of that ship, ship or floating equipment or the lamanage services, unless authorized by the authority vested in the power of port police.
The mooring means must be in good condition and adapted to the characteristics of the vessel.
In the event of necessity, any captain, boss, or guardian on board must strengthen or strengthen the moorings and take all the precautions prescribed to him by order of the authority vested in the harbour police power.
It cannot oppose the couple mooring of another ship, ordained by the authority vested with the port police power, at the request of the port authority when the necessity of the operation requires it.
The port authority may at any time decide the movement of a ship, ship or floating equipment for the necessity of the operation or execution of the work of the port.
If the vessel, vessel or floating equipment is immobilized by the competent maritime authority, the port authority may, after having informed the authority vested with the port police authority and the competent maritime authority, decide on its displacement for the necessity of the operation or execution of the work of the port.
If the vessel, vessel or floating equipment is unmanned or with a reduced crew that is not capable of manoeuvring alone, the port authority, having informed the authority vested in the port police power, orders the master of the vessel or the floating craft to order the necessary towing and lamanage services. If this dwelling has remained without effect, the port authority commands the necessary towing and lamanage services.
The authority vested in the power of the harbour police conducts the movement of the ship, ship or floating equipment.
Any vessel, vessel or floating equipment moored in the port and armed shall have on board the personnel necessary to perform all manoeuvres that may be imposed and to facilitate the movements of other vessels, vessels or floating equipment. If he's unarmed, he must have at least one guard on board.
It may only be derogated from the provisions of the preceding paragraph on the authorization of the port authority, and provided that the applicable safety and dangerous goods provisions permit it. The exemption is subject to the pre-delivery of a statement to the master of the name, domicile on the ground and telephone number of a person who is able to intervene quickly in the event of need, and countersigned by that person.
Hunting and draining manoeuvres to locks and drills and pumping stations are announced by the appropriate signal, in accordance with the provisions of the particular regulation. Captains and bosses must make the necessary arrangements to preserve their ship, boat or floating equipment of any kind that hunts, drains and pumps could cause them.
The port authority sets the locations on which the goods are handled and where vehicles and passengers are boarded or disembarked. However, in the case of dangerous goods, the handling locations are fixed by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (MRP) and the local regulations made for its application.
The port authority shall determine the time limit for loading or unloading, boarding or disembarking operations. The port authority or, in the case of dangerous goods, the authority vested in the port police authority is solely a judge of exceptional circumstances that can motivate an extension.
The vessel, vessel or floating equipment shall release the position at docks as soon as the loading or unloading operations are completed, and no later than the expiry of the time limit set for them.
The harbour authority fixes the locations on which the goods can stay. If these are dangerous goods, the locations are fixed by the General Regulations for the Transport and Handling of Dangerous Goods in Maritime Ports (RPM) and the local regulations made for its application.
It is forbidden to make no deposits on the access layers to the water planes and on the docks and open areas of the port reserved for traffic.
The deposit of fishing gear such as fune, trawls and nets on the full earth is prohibited, except under the conditions defined by the particular regulation.
For the purposes of the provisions of Article L. 5335-3, goods on docks, lands and harbour dependencies shall be removed before the end of the working day following the unloading, unless the particular regulation provides a longer period, or if the harbour authority grants an individual exemption.
If the operational requirements warrant, the port authority may prescribe the removal or movement of the goods before the expiry of the period referred to in the preceding paragraph or authorize it after.
Goods decomposing or nauseabond may not remain in depot on the docks and the land-fills of the ports before or after loading or unloading, boarding or disembarking.
The de-allasting operations of ships, ships or floating equipment in the waters of the port are carried out under the control of the port authority, which may prohibit or interrupt these operations when these are likely to affect the harbour public domain, the safety of the ship or the protection of the environment. The harbour authority may at any time request the communication of shipboard documents certifying that the vessel's ballast water, vessel or floating equipment does not pose a threat to the marine environment.
The collection of boilers, smoke or gas ducts and the issuance of dense and nauseabond smokes are prohibited in the port and its access, unless expressly authorized by the port authority.
When unloading or loading operations are completed, the surface of the dock in front of the vessel, vessel or equipment floating on a width of twenty-five meters and on the entire length of the vessel, vessel or floating equipment increased by half of the space that separates it from ships, ships or floating gear neighbours without having to exceed a distance of twenty-five meters beyond the ends of the ship, ship or floating equipment must be left clean.
The use of fire and light on docks, terra-pleins and on board ships, ships and floating equipment staying in the port is subordinate to the compliance with the regulations established on this subject or the instructions of the harbour authority.
Smoking is not permitted in the holds of a ship, boat or floating equipment when entering the port.
It is also prohibited to smoke on docks, splashes and hangars where fuel or dangerous goods are deposited.
Upon the vessel's landing, vessel or floating equipment, the port's captain shall hand over to his master the instructions concerning the conduct to be carried out in the event of a loss.
The detailed plans of the vessel and the loading plan must be on board to be made readily available to the disaster relief commander.
Access to mouths, warnings and fire equipment must always remain free.
When a claim is made, anyone who discovers it must immediately give the alert, including by warning the port captain.
When a loss occurs on board the vessel, vessel or floating equipment, the master or master takes the first steps using the emergency means available on board.
In the event of a loss on board a ship, ship or floating equipment, on the docks of the port or in the vicinity of these docks, the captains or patrons of ships, ships or floating equipment gather their crews and stand ready to take all prescribed measures.
Maintenance, repair, construction or naval demolition operations outside the positions assigned to them are subject to the authorization of the port authority. They are carried out under the responsibility of the shipowner or, failing that, of the owner or their representative, who refers as such to the port authority.
The port authority may, after requiring any necessary information from the controller, establish an exclusion perimeter on the docks, in which access is restricted to the personnel involved in the operation.
When vessels, vessels or floating equipment station at their station, the tests of the propellant can only be carried out with the authorization of the authority vested in the harbour police power which fixes, in each case, the conditions of execution.
The watering of a vessel, vessel or equipment floating on hold shall be the subject of a declaration at least twenty-four hours in advance to the master's office and may not take place without the authorization of the authority vested in the power of port police.
However, the watering of life-saving appliances, when carrying out exercises or inspections at the request of the marine authority, is only the subject of prior information from the mastery by the marine authority.
Within the administrative limits of the port, it is prohibited, unless the particular regulation of the port otherwise provides or if an exceptional authorization is granted by the port authority:
1° To seek and collect plants, shells and other marine animals;
2° To fish;
3° To swim.
The road code applies in open areas of public traffic.
Apart from open roads to public traffic, the applicable rules of signage, priority and road signs are those of road code. Unless otherwise provided by the special police regulations, special equipment that perform handling work is always a priority.
Road vehicles intended to be loaded or unloaded, boarded or disembarked, can only be parked on the platforms and on the terra-pleins during the strictly necessary time for loading, boarding and unloading and landing operations.
Parking conditions are defined by the particular port regulations in accordance with the applicable safety provisions.
The traffic and parking of vehicles carrying dangerous substances shall be subject to the rules applicable to the transport of dangerous goods.
Mobile handling equipment is stored so as not to interfere with traffic and manoeuvring on docks, terra-pleins and water bodies.
In the event of a mandatory impossibility to comply with the provisions of the previous paragraph, in particular to perform repair or maintenance operations, the master is informed. Their positioning must then be appropriately marked.
The execution of works and works of all nature on the docks and land-fills is subordinate to an authorization of the harbour authority.
In accordance with the provisions of Article L. 5337-1, it is in particular prohibited:
1° To affect the water plan and the conservation of its depths:
(a) By rejecting water containing hydrocarbons, hazardous substances, sediments, or other organic or non-organic substances that may affect the environment;
(b) By throwing or dropping land, rubble, waste or any material in the waters of the port and its dependencies;
(c) By loading, unloading or transshipment of powdery or friable material, without having placed between the vessel and the dock or, in the event of transshipment, between two ships, ships or floating equipment, a well-conditioned receptacle and solidly moored or fixed, unless granted by the port authority.
Any spill, discharge, fall, and generally any material or dirt that originate must be immediately reported to the mastery.
The person responsible for discharges or spills, including the master or owner of the vessel, vessel or floating equipment or the handler, shall be held at the rehabilitation of the public domain, in particular by cleaning the water plan and the works defiled by these spills and, where appropriate, the restoration of the depth of the basins;
2° To undermine the good condition of the docks:
(a) By circulating or parking vehicles on dock crowns and cranes and more generally on all works not intended for this use;
(b) By laying down all goods from the edge of a ship;
(c) By landing or disembarking goods that may degrade the harbour works, in particular the crowning of docks or the covering of the earth-fills, rails, underground works, without having previously protected these works.
Port police officers may not receive any compensation or compensation in respect of their participation in the assessment of the vessel during the prior visit to the port referred to in section L. 5334-3 or conduct the expertise provided for in that section.
The harbour authority shall establish and transmit to the prefect of the department the statistical survey of the transport of goods and passengers by sea. The statistical survey includes the characteristics of the port of call and vessel, vessel or floating equipment, excluding vessels belonging to the French or foreign armed forces, or used by them, information relating to passengers and goods disembarked, boarded or trans-shiped, ventilated by nature, origin or destination, mode of conditioning and handling. Statistical data must be transmitted electronically.
An Order of the Minister for Maritime Ports sets out the list of the ports concerned and specifies the information to be collected, the statistical models to be used, and the modalities for the establishment and provision of this information.
The port authority shall, at any time, electronically make available to the prefect of the department information relating to the movement of ships and cargo of dangerous or polluting goods and shall retain such information for a sufficient period of time to allow their use in the event of an incident or sea accident.
An Order of the Minister for Maritime Ports sets out the list of the ports concerned and specifies the information to be made available as well as the means of transmitting such information.
Vessel captains other than fishing vessels and pleasure vessels having an approval for a maximum of 12 passengers, or their consignary officers, before the vessel leaves the port, must provide to the authority vested in the Port Police Authority an attestation issued by the service provider(s) that has conducted the collection of the vessel's operating waste and cargo residues.
When, pursuant to the second paragraph of Article L. 5334-8, the port authority authorizes a vessel to take the sea without having previously conducted the collection and processing of its waste of operation and cargo residues, it shall inform the next port of call declared by the master of the ship.
Shipmasters, other than fishing vessels and recreational vessels with a maximum of twelve passengers' approval, must provide, at least twenty-four hours prior to arrival in the port, except for emergency cases, to the port officer office, information on operational wastes and cargo residues of their ships.
A Minister of Maritime Ports Order sets out the contents of the form to be completed for this purpose.
The captains of the ships referred to in the first paragraph must submit to the port authority and the authority vested in the port police authority, as well as to the maritime authority, upon their request, the declaration containing the information indicated in the same paragraph, accompanied, where appropriate, documents attesting to the deposit of the waste of exploitation and cargo residues, provided at the port of call previous, if located in a Member State of the European Union.
Ships exempted from the ship's operating waste royalty under the second paragraph of section R. 5321-39 are exempted from the obligations set out in sections R. 5334-4 and R. 5334-6.
This section applies to bulk bulk solid cargo vessels, excluding grain, using means of loading or unloading other than on-board equipment, that are to be used at a terminal.
For the purposes of sections R. 5334-8 to R. 5334-14:
1° Vessels are vessels with a single bridge, higher tanks and hopper side tanks in its cargo areas, which are primarily intended to carry dry cargo in bulk, or minerals, i.e., sea vessels with a single bridge with two longitudinal partitions and a double bottom under the entire cargo compartment, which are intended for the transport of minerals in central cargo tanks only
2° A terminal is a fixed, floating or mobile installation, equipped and usually used for loading or unloading of bulky vessels;
3° Loading or unloading does not include incidental operations such as storage, removal, screening and crushing;
4° The ground-level manager of loading or unloading operations is the person designated by the handling company, whether or not that company uses its own tools.
The loading or unloading plan referred to in Article L. 5334-12 is in accordance with the provisions of Rule VI / 7-3 of the International Convention for the Protection of Human Life at Sea made in London on 1 November 1974 (SOLAS) and the model in Appendix 2 of the compendium of practical rules for the security of the loading or unloading of the bulk carriers of the International Maritime Organization, says "BLU compendium".
The captain of the vessel shall ensure that loading or unloading operations are conducted in satisfactory security conditions, in accordance with the plan referred to in section L. 5334-12.
The loading or unloading operations on the ground shall ensure that the agreed plan is carried out under satisfactory security conditions.
A permanent communication is maintained for the duration of loading and unloading between the master and the ground officer. Each of them may at any time order to suspend loading and unloading operations.
The master and the owner on the ground of the operation attest in writing that the loading or unloading operation was carried out in accordance with the agreed plan. In the case of unloading, this agreement is accompanied by a document certifying that the cargo holds have been emptied and cleaned in accordance with the requirements of the master and mentioning any damage to the vessel and any repairs made.
The plan and its possible modifications shall be retained for six months on board the vessel and the terminal in order to allow the competent authorities to conduct the necessary verifications.
The loading or unloading operation's ground handling company implements a quality control system in accordance with ISO 9001: 2000 or an equivalent standard and is audited according to the guidelines of ISO 10011: 1991 or an equivalent standard.
The authority vested in the Port Police Authority or the maritime authority responsible for the control of the port State may prevent or stop the loading or unloading operations when they question the safety of the vessel and its crew or the port.
In liaison, if any, with the maritime authority responsible for the control of the port State, the authority vested with the port police authority intervenes in the event of disagreement between the captain and the person on the ground of operations when this disagreement may constitute a danger to security or to the environment.
The provisions of this section may be specified by an order of the Minister for Maritime Ports, in particular with regard to the respective roles and obligations of the captain of the bulk carrier and the operational officer.
Port officers, assistant port officers, port supervisors or supervisors inform the marine signage department of all events relevant to the operation, conservation or maintenance of marine signage and navigation aid facilities, of which they are aware in the performance of their duties.
They take the necessary emergency measures to ensure the safety of navigation, including by triggering the procedure for disseminating nautical information.
They shall take all measures to prevent a lighting device or sound device from causing confusion with maritime signalling or aid in existing manoeuvre and navigation or hindering its visibility or hearing.
They are informed by the port authority of the state of the funds and airworthiness conditions within the port and in the access channels.
In the event of a breach of the provisions:
1° Articles R. 5332-25, R. 5332-32, R. 5332-36, R. 5332-40, R. 5332-46, R. 5332-47 and R. 5332-49 and texts taken for their application;
2° From the decree of the representative of the State in the department provided for in article R. 5332-36,
the representative of the State in the department may, taking into account the nature and gravity of the breaches and possibly the benefits derived from it:
(a) Either make an administrative fine of up to 750 euros against the natural person who makes the breach;
(b) Suspension of the authorization provided for in R. 5332-39 for a period not exceeding two months.
In the event of a breach of the provisions:
1° Articles R. 5332-17, R. 5332-20, R. 5332-22, R. 5332-24, R. 5332-25, R. 5332-27, R. 5332-29, R. 5332-31, R. 5332-32 and texts taken for their application;
2° Articles R. 5332-36, R. 5332-37, R. 5332-40, R. 5332-41, R. 5332-42, R. 5332-46, R. 5332-47, R. 5332-50 and the texts taken for their application;
3° Des arrêtés du représentant de l'État dans le département prévues par les articles R. 5332-34 et R. 5332-36 ;
the representative of the State in the department may, taking into account the nature and seriousness of the breaches and possibly the benefits derived therefrom, make an administrative fine against the responsible legal entity of a maximum amount of 7,500 euros.
The representative of the State in the department may suspend the operation of a port facility or port, for a period of time and under conditions that it determines, in the following cases:
1° Serious failure to comply with the provisions listed in section R. 5336-2, including failure to appoint a port security officer or security officer of the port facility or failure to establish a port security plan or port facility;
2° Withdrawal of the approval of the port security plan or the harbour facility;
3° Withdrawal of the compliance declaration provided for in sections R. 5332-22 and R. 5332-29.
The breaches of the provisions listed in sections R. 5336-1 to R. 5336-3 are the subject of written observations made by the officers mentioned in the first paragraph of Article L.5336-8.
The findings refer to the sanctions. They shall be notified to the person concerned and communicated to the representative of the State in the department by the head of the service to which the editor belongs, or, if any, by the minister to whom he reports.
The data subject has access to all the elements of his file. It must be heard by the representative of the State in the department or by the person designated for that purpose; may be represented or attended by the person of his or her choice. The representative of the State in the department or person designated for that purpose may also hear the employer of a natural person being questioned.
No fines or suspension measures may be imposed more than two years after the finding of a breach.
Fines and suspension measures are the subject of a reasoned decision notified to the person concerned. Fines are recovered as the claims of the foreign state to tax and estate.
The failure of the master of the vessel to comply with the information and alert obligations set out in section R. 5331-17 or to refuse to assist the commander of relief operations pursuant to section R. 5331-17 shall be punished by the fine provided for the contravention of the fifth class.
Is punished by the fine provided for the fifth class offence:
1° Introducing in a restricted area of access or on board a ship items or goods listed in the order provided for in the first paragraph of Article R. 5332-45 or failing to meet any specific introductory requirements applicable to such objects or goods in that area or on board;
2° The movement in restricted areas without the possession of one of the traffic titles provided for in articles R. 5332-40 and R. 5332-41;
3° The fact, for the operator of a port or port facility, of obstructing the completion of one of the audit visits provided for in sections R. 5332-22 and R. 5332-29;
4° The fact, for the person in charge of an authorized security agency, of opposing the conduct of a control under section R. 5332-11.
The recurrence of the contraventions provided for in this section is repressed in accordance with the sections 132-11 and 132-15 Criminal code.
Constitutes a large-scale violation of prohibitions or breach of obligations under the general police regulations defined in chapter III and the local regulations supplementing it.
Unless otherwise provided by law, such contraventions shall be punished by the fine provided for by the first paragraph of Article L. 2132-26 of the General Code of Public Ownership.
Any master, master or master of a vessel, vessel or floating equipment shall, within the limits of a marine port, obey orders issued by the port officers, deputy port officers, port supervisors and supervisors for security and police measures to ensure the protection and preservation of the public domain of the marine ports.
The failure to comply with the orders provided for in the first paragraph shall be punished by the fine provided for by the first paragraph of Article L. 2132-26 of the General Code of Public Ownership.
The control defined in section L. 5341-1 is mandatory for all vessels, including warships, in the area whose limits are determined for each port by the local regulation of the cockpit of that port, pursuant to section R. 5341-47.
By derogation from the provisions of section R. 5341-1, the pilotage requirement shall be waived:
1° Ships, regardless of their tonnage, assigned exclusively to improve, maintain and monitor ports and access and rescue;
2° Ships of the lighthouse and beacons service;
3° The warships at the entrance and exit of the military ports, when they are called, to do so, to enter the compulsory pilotage area of a non-military port;
4° Ships of a length not less than a certain threshold for each station, taking into account the local conditions for carrying out the flight operation. The determination of the threshold is made by the prefect of the region after notice of the local commission provided for in R. 5341-6. It is annexed to the local regulations of the station;
5° Ships whose master holds the pilot master's licence applicable in the port or part of the port and issued in accordance with the terms and conditions set out in R. 5341-3.
The pilot master's licence is valid for a particular vessel, taking into account its characteristics, equipment and manoeuvial qualities, and for a specific port or port, taking into account the local navigation conditions and technical difficulties of the pilot operation.
It cannot be issued a pilot master's licence to:
1° A tanker carrying hydrocarbons listed in Annex I to the Convention for the Prevention of Ship Pollution (Marpol);
2° A ship carrying dangerous or polluting substances as defined in Article 1 of Decree No. 84-810 of 10 August 1984 on the safeguarding of human life at sea, the habitability on board ships and the prevention of pollution.
However, depending on the port configuration and the nature of the traffic, and after favourable advice from the local commission, an exemption may be granted by the prefect of department to the captain of a weaving or scaling vessel fulfilling the conditions set out in section R. 5341-6.
The prefect of the region shall establish for each port, after the reasoned advice of the local commission referred to in R. 5341-6:
1° Categories and lengths out of all vessels for which a pilot master's licence may be issued;
2° The number of affected and their periodicity;
3° In general, any other more restrictive measures necessary to maintain the safety of navigation in the port.
The decision is annexed to the station's local regulations.
The pilot master's licence shall be issued to the master who has successfully completed a review before a local commission whose composition shall be determined by order of the Minister for Merchant Navy and shall meet the following conditions:
1° Being a holder of the patent required to perform the duties of Captain. The required patent of a candidate who is a national of a foreign State is that prescribed by the regulation of that State;
2° Being physically fit. Physical fitness conditions are those required by French pilots in the course of a career;
3° Have made a minimum number of affected vessels as a master of the vessel and during a specified period;
4° Understanding French and speaking in this language. However, depending on the port configuration and the nature of the traffic and after favourable advice from the local commission, which ensures that foreign candidates are able to communicate satisfactorily with the office of the port officers, an exemption may be granted by the department prefect.
The pilot master's licence is issued, for a period of two years, by the department prefect after the local commission's advice.
It may be renewed in the same form but without examination, as long as all the conditions required for grant remain.
The department prefect may, after advice from the local commission:
1° For a particular vessel, issue the pilot master's licence to the second captain, as per the same criteria as those applicable to the master in title. The use of the pilot master's licence is subject to the performance of the vessel's captain function;
2° Extend the validity of the pilot master's licence to one or more vessels of comparable characteristics, including their safety, manoeuvring and navigation equipment;
3° Restrict its validity, in time and place, depending on climate considerations, the density of traffic, the state of the port and the security motives.
The licence ceases to be valid as soon as its licensee no longer meets one of the conditions set for its issuance.
It may be withdrawn by the department prefect when the holder has been sentenced to a disciplinary or criminal penalty related to the exercise of the duties of a marine, after the advice of the local commission, to which the individual may make his or her observations.
When, after a sea accident, the investigation carried out highlighted the licensee's responsibility for the facts provided for in article L. 5242-4, the department's prefect may suspend the licence provisionally until the judgment is delivered.
The flight operation begins from the time the pilot arrives or boards within the station's limit and ends when the vessel arrived at destination, anchorage, dock or station's limit.
Advice may be provided remotely by a pilot to a master, upon request by the master, to assist him in the conduct of his vessel for the pilot's boarding at the usual point defined by the station rules. Assistance may also be provided to the master under the same conditions after the pilot's landing at the usual point.
Except as provided in section D. 5341-10, where nautical and meteorological conditions prevent the pilot from embarking or disembarking at the usual point, assistance, the terms of which are set by the local regulations, may be provided remotely by a pilot, at the request of the master, to advise the pilot before the actual boarding of the pilot or after his landing.
The pilot providing this assistance must have the means to track the vessel's road and be in contact with the vessel and with the port mastery or the authority designated by the marine command in the military ports. These authorities must, prior to any authorization or order of movement, have been clearly informed by the pilot of the conditions, with respect to flight, in which the vessel's movement would take place.
Any vessel is required to operate in a port where the flight is required to make known its likely arrival time, twenty-four hours in advance or no later than the time it leaves the previous port of call.
The master must make the pilot's call signal at the entrance of the area where the pilot is required and maintain it until the pilot arrives.
The call to the pilot shall be made by all means of communication in accordance with the terms provided by the nautical instructions.
Except for the actual danger, it is prohibited to use distress signals to call the pilot.
The master must facilitate the boarding of the pilot who presents himself and give him all the necessary means to get on board in the best safety conditions. Once the pilot is completed, he has the same obligations to disembark the pilot.
The master is required to report to the pilot on board the draught, the speed, the conditions of evolution of the vessel and, in general, any element likely to affect the conduct of the vessel.
In addition, he completes, signs and communicates to the pilot, for his information, an information sheet of a model provided by order of the Minister for the Sea.
The master sends the record to the port captain on arrival of the vessel.
The master must take the first pilot to come or the pilot to be designated by the list tower that is established in each station.
Ships subject to the pilotage requirement shall be served in the order in which they arise, provided that they have fulfilled the obligations imposed on R. 5341-12.
Any vessel exempted from the flight requirement for any of the reasons referred to in section R. 5341-2, and whose master has applied to the pilot's service, shall be served according to the station's possibilities, unless it is a priority under the provisions of section L. 5341-2.
The nautical means used by the pilots to board the ships are the lights and marks provided by the international regulations to prevent collisions at sea. In addition, the nautical and aerial means used by pilots to travel on ships are marked "PILOTE" on their most visible parts, without prejudice to the more precise or binding provisions of local regulations.
Pilots receive food and accommodation on board commercial vessels.
The master whose ship is to leave the port shall give to the cockpit, or, failing that, to the master's office, an application containing all the indications necessary for the pilot to be present, in due course, at the departure of the vessel.
The pilots report to the Chief Pilotage Officer and to the various interested services, in particular the Port Captainry, the Maritime Ship Safety Centre and, in the military ports, the Port Authority of the National Navy:
1° Information contained in the information sheet provided for in section D. 5341-16, which may result in specific measures on the part of the port or marine authority and, in general, the state of the piloted vessel when it presents a risk to persons on board, cargo, other vessels, port facilities or the environment;
2° Accidents or incidents that occur during flight;
3° observations they can make on the occasion of their service concerning the state of the funds, the mark-up and the harbour works;
4° Accidents or incidents that come to their knowledge that may affect the safety of navigation or the protection of the environment or the state of the harbour works.
The report is submitted in a timely manner and in a manner consistent with the optimal use of information by interested services. Subject to the application of the rules relating to distress messages, it is transmitted directly and urgently by radiotelephone to the port captain and, in the military ports, to the authority designated by the command of the National Navy, when the information received or the findings made demonstrates an immediate risk to security. A written report is then forwarded if applicable.
Any vessel whose master holds a pilot master's licence shall, when the equipment of the cockpit or port justifies it, provide a radio watch for the duration of the inlet or exit operations and movements that it conducts without a pilot.
Pilot candidates must be at least twenty-four years of age and not more than thirty-five years of age and bring together six years of effective navigation on state buildings or in the merchant marine, of which at least four years at the "pont" service on board state buildings or armed vessels throughout, coasting, large fishing or offshore fishing.
They must meet a medical examination of suitability for pilot duties under the conditions established by order of the minister responsible for the merchant marine.
The required patents and, where applicable, specific navigation conditions are set by the station's local regulations.
On an exceptional basis, and after the advice of the local commission, the local regulations may provide for exemptions to the age and navigation conditions justified by the local conditions of service and by the necessity of recruiting pilots.
These conditions must be met by the opening date of the competition.
Pilotage competitions are held, under the control of the interregional director of the sea, before a commission whose composition is fixed by order of the minister responsible for the merchant marine. The Order also sets out the conditions for the conduct of the competitions and the knowledge programs common to all stations required by the candidates. The specific knowledge programme for each station is annexed to the local regulations.
By derogation from the provisions of R. 5341-24, the pilot seats offered at the pilot stations may be reserved and awarded by special competition to pilots in service at stations where there is a sustainable decline in activity, provided that they are less than forty-five years of age at the time of the competition.
The pilot in the course of a career undergoes an annual visit to the territorially competent seafarer doctor to verify that he meets the specific conditions of fitness.
If, on the occasion of one of these visits or in any other circumstance, the seafarer's doctor detects a cause of physical fitness for the function, the pilot is referred to a local visiting commission.
The pilot may request to be returned to a counter-visit commission.
In the light of the opinion expressed by the local commission and, if necessary, by the counter-visit commission, the prefect of the region can strip the pilot of the executives.
The special conditions of physical fitness and the composition of the local commission and the counter-visit commission provided for in this section are determined by order of the minister responsible for the merchant marine.
The pilot who, because of his or her age or infirmity, cannot continue to perform his or her duties is either on his or her request or at the request of the Interregional Director of the Sea, retired under the conditions laid down in Article L. 5341-10.
This withdrawal is pronounced by the prefect of the region, following the advice of the local visiting commission provided for in article R. 5341-26.
During the appointment of a pilot, the Prefect of the Region issued a professional identity card with photography to allow him to be recognized in his capacity.
The pilot may not be absent from his station or temporarily interrupt his duties without authorization.
A pilot who, without authorization, leaves the service to navigate trade or fishing may be declared a resignation.
The pilot may not practise fishing on a professional basis. However, the department prefect may authorize pilots of certain stations to practise fishing on the proposal of the interregional sea director.
Regardless of the number of ships in service in a station, a unique crew role is opened on which all the pilots, mechanics, sailors and mosses of the station are worn.
The flight prices are composed of:
1° a general tariff applicable to all vessels;
2° General rate increases, as set out in sections R. 5341-34 and R. 5341-35;
3° General rate reductions;
4° Compensation under paragraph 2 of this subsection.
These rates are set by the station's local regulations.
The general flight fare is the volume resulting from the product of the entire length of the vessel, its maximum width and its maximum summer drawer. The calculation of the plate shall be determined by order of the minister responsible for the merchant marine.
It is not taken into account in setting the rates of unjustified recognized investments.
Vessels that are exempt from the requirement of piloting due to their length are subject to a general fare of a majoration in the event of a pilot's service, the amount of which may not exceed 50% of that tariff.
Any vessel whose master is satisfied that it has not announced the likely time of arrival shall pay a tariff surcharge, set by the local regulations of the pilotage stations and the amount of which may not exceed 10% of the tariff normally due.
Ships with a pilot master's licence may only be subject to a reduced tariff. However, those who use the pilot's services are, on the occasion of the operation under consideration, subject to the general tariff.
Pilots may not require an amount less than or greater than that set by the tariff established by the local regulations.
Pilotage, movement or night restraint may be entitled to compensation for the pilot whose quotity is determined by the station's regulations.
Any pilot ordered or called whose services are not used shall be entitled to a special allowance established by the local regulations. It will be the same when the waiting period exceeds the time fixed by the same regulation.
An additional daily allowance, the amount determined by the local regulations, in addition to the flight price, is payable to the pilot of vessels tested or tested by their equipment.
Daily allowance and food are due to any pilot held for quarantine or any other cause outside the normal service. All day started is due in full.
A pilot who, by force majeure, is unable to disembark once the pilot is completed and removed from the station, is entitled to a daily allowance and a road allowance established by the local regulations. If the pilot is disembarked abroad, he is repatriated at the ship's expense.
After twelve hours of presence on board, a pilot who, as a result of the state of time or any other force majeure, cannot drive a vessel to destination, is entitled to a special allowance established by the local regulations.
The master may, however, return the pilot by paying him, in addition to piloting, the road charges set by the local regulations.
Pilots may be authorized by the local regulations to personally collect certain allowances.
Shipwreck consignors shall provide additional allowances due to the pilot provided that they have been notified within seventy-two hours of the vessel's departure.
The master shall give the pilot a certificate attesting to the service being done, otherwise the pilot shall be believed in his statements. This certificate is then handed over to the ship's consignatory, after a flight chief's visa if applicable.
For vessels that do not have a consignary, the amount of the pilot's remuneration is given immediately.
The pilot may, at the request of the pilot, be recorded in advance in the hands of a person authorized by the pilot.
The general organization of all the pilotage stations is determined by decree taken on the report of the Minister of Maritime Ports.
In each station, the provisions concerning the limits of the area where pilotage is required, the pilots' staff, the composition of the goods required for the performance of the service, the tariffs and flight allowances are determined by the local regulations. This is established by the prefect of the region, after having collected the opinion of the trade assembly referred to in R. 5341-48.
The commercial assembly is responsible for giving the prefect of the region a reasoned opinion on the economic aspects of pilotage, including on terms of service and rates.
It is established for each maritime trade port.
It can be constituted a single assembly covering several ports.
The commercial assembly includes the following members with a deliberate vote:
1° Two representatives of the shipowners;
2° Two representatives of other port users;
3° Two pilots serving the port concerned;
4° Two representatives of the port entity, namely:
(a) In large seaports, two representatives of the Supervisory Board;
(b) In the autonomous ports, two representatives of the board of directors;
(c) In the other ports, a representative of the delegate responsible for the management of the main harbour equipment and a representative of the harbour authority, or, in the absence of a delegate, two representatives of the harbour authority.
The deliberations are taken by a majority of the members present. In case of equal sharing of votes, the President's voice is preponderant.
Members of the Trade Assembly shall be with advisory vote:
1° The departmental director of the territories and the sea or his representative;
2° In large seaports, the president of the large seaport or its representative;
3° In the autonomous ports, the director of the autonomous port or his representative.
Attend the meetings of the Trade Assembly with advisory voice:
1° When the agenda concerns the examination of the limits of the compulsory pilotage area, the marine prefect or, in overseas departments, the delegated prefect of the Government for the action of the State at sea, or their representative;
2° When the agenda includes the review of tariffs, the departmental director of competition, consumption and crackdown or his representative.
The commercial assembly may hear any person who may enlighten its deliberations.
Members with a deliberative vote shall be appointed for three years by the prefect of the region in which the main facilities of the port are located, under the conditions fixed by decree of the Minister for Maritime Ports. An alternate is appointed under the same conditions for each of these members.
When a member dies, resigns or loses the quality for which he or she was designated, he or she is replaced, for the remainder of the term, by a member designated under the same conditions.
The term of membership of the trade assembly is renewable. These functions are free of charge. However, members of the commission may be reimbursed for their transportation and residence expenses under the conditions applicable to State officials for their temporary travel.
The President of the Trade Assembly shall be elected, for the duration of the term, from among the members with a deliberate vote, to a two-thirds majority of the members of the Assembly, at the first session, which shall be established by the Prefect of Region or its representative.
In view of local conditions, the prefect of the region in which the station is located may, after receiving the favourable opinion of the trade assemblies concerned, proceed to the consolidation of several commercial assemblies. The prefect of the region stops the list of members of the new assembly.
In the case of a grouping, the composition shall include an equal number of members with a deliberate vote, for each of the four categories referred to in R. 5341-49, with a maximum of four members per category. Members who have an advisory vote or their representatives attend the meetings of the Trade Assembly for matters on the agenda under their jurisdiction. The unique assemblies common to several ports are subject to the provisions of this paragraph.
An Order of the Minister for Maritime Ports sets the conditions for the organization and operation of trade assemblies.
The operation of the pilotage stations is exercised under the supervision of the Minister for Maritime Ports. It may impose appropriate rules on stations in the General Accountant Plan.
The stations are required to provide the regional prefect with the information necessary to exercise the powers conferred on that authority by section R. 5341-47. They also send to this authority the state of the investments in movable and immovable property necessary for the execution of the service one month before the station's budget is stopped.
A rules of procedure determines the operational details of the service in each station. It is taken by the prefect of the region, after consultation with the chief pilot and the pilots.
Except as otherwise provided by local regulations, remuneration is shared at stations where the service is on the list turn. A rules of procedure, agreed with the parties concerned, sets out the conditions under which the pilotage revenues are distributed to the persons entitled.
In the cockpits of the civilian ports, the direction of the steering department is exercised by the head of the pilot.
The Chief Pilotage Officer is, in principle, the chair of the pilots' union of the station, in terms determined by the local regulations or the station's rules of procedure. However, on an exceptional basis, a person who does not act as president of the pilots' union may be appointed chief of control by order of the prefect of the department where the headquarters of the pilot station is located.
In the latter case, the Chief Pilotage Officer is appointed from the retired or active pilots, who are at least 10 years of exercise in their duties, or, failing that, from the masters of the merchant navy meeting at least four years of command or retired or resigned marine officers for less than five years. He is at least forty years of age and not more than fifty-five years of age on the date of his appointment.
In the piloting stations of the military ports, the direction of the flight service is exercised by the director of the port movements.
The maximum age limit is set at sixty-five years for the masters of flight service.
In stations where there is a chief of the pilotage service, its authority is exercised over all details of the service. It ensures the application of the regulations, the internal organization, the distribution of work between the pilots, it directs the staff, it regulates the tour of service, authorizes absences. It monitors the composition, maintenance and use of station equipment.
He reports to the Departmental Director of the Territories and the Sea on all service incidents. He urgently transmits to him, in his opinion, the reports of the pilots on marine accidents and reports to him the professional misconduct committed by the pilots.
It checks and targets flight vouchers and controls the services mentioned therein.
He takes, as necessary and, if necessary, in agreement with the pilots, all the necessary precautionary measures in the interest of the station.
The pilots are collectively owners of the station's equipment. The ownership shares are equal for each pilot. The pilot who withdraws from the service or is terminated shall lose his or her rights to the equipment and shall be reimbursed by his or her replacement under the conditions determined by the station's rules of procedure.
Pilot unions may, under the conditions provided for in Article L. 5341-7, undertake collectively the operation of the station's equipment, in accordance with the provisions of the Labour code relating to trade unions. In this case, it is paid to the union, on the gross revenues of the station, the amounts necessary to meet the operating expenses, and, in compensation for general and stewardship expenses, a lump sum that cannot exceed 2% of the station's gross revenues.
Except as otherwise provided by the local regulations pursuant to section L. 5341-9, a pension and relief fund is established in each pilot station to provide pensions and relief to pilots and their widows and orphans, in accordance with the provisions of section L. 5341-8.
The Regulation of the Retirement and Relief Fund, taken by order of the Regional Prefect, after consultation with the Chief Pilotage Officer and pilots, specifies the local regulations in respect of:
1° The amount of the deduction to be applied to the station ' s income to ensure the operation of that fund;
2° Under the age and service conditions for pilots to be entitled to pensions or relief;
3° The conditions under which pensions or relief are allocated to the widows and orphans of the pilots;
4° At the rate of such pensions and relief;
5° The provisions relating to the management of the restraint provided for in 1°.
All gross revenues of the station (normal recipes, choice steering and other allowances, except travel and food allowances) are charged:
1° To ensure the payment of pensions and relief;
2° To meet the purchase and maintenance expenses of the equipment;
3° For the payment of staff salaries, rental of premises, administration fees and, in general, all expenses of interest to the station on a corporate basis.
Such deductions may, in accordance with sections L. 5341-7 and L. 5341-9, be paid to the professional grouping of the station that will be responsible for the operation of the equipment and the establishment of the pension and rescue funds.
Deductions may be either variable amounts or a percentage set out in the local regulations or in the station's rules of procedure.
The bond provided for in Article L. 5341-13 may be constituted either in cash, or in securities issued by the State or other securities guaranteed by the State, or in the form of a guarantee provided by a bank or a private bank authorized by the State. This approval is given by the minister responsible for the merchant marine.
The funds and financial instruments that constitute the bond are deposited with the Caisse des dépôts et consignations and subject to the consignations regime.
The securities issued by the French State or other financial instruments assigned to the bond are assessed on the eve of the day on which the deposit of securities is made, but this value may exceed the pair.
In order to obtain its approval, the private credit union which constitutes the bond in the form of a guarantee must apply to the Minister responsible for the Merchant Navy a request indicating the names of the pilots for whom it intends to guarantee and the nature and value of the guarantee offered. All necessary justifications on the value of the guarantee may be required from the credit union.
The guarantee may, such as bonding, be made in cash or securities under the conditions set out in sections D. 5341-65 to D. 5341-67.
By a reasoned decision of the Minister responsible for the merchant navy, the amount of the payment may be reduced to one-tenth of the amount of the bond(s) to be established, the authorized credit union shall remain liable for all of the secured bonds.
Under the same conditions, the Minister responsible for the merchant navy may accept the guarantee given by an authorized credit union, even without payment of the tenth of the amount of secured bonds.
Within six months of their appointment, the pilots shall constitute the surety provided for in section L. 5341-13.
Pilots must justify the establishment of their bail by handing over to the Interregional Director of the Sea a document stating either the payment of the funds or the surrender of the securities or the guarantee given by an authorized body.
The amount of the bond is fixed by order of the minister responsible for the merchant marine.
The pilot who ceases to serve can only claim the return of his bail three months after the date of the decision that authorizes him to cease his duties.
The date of the termination of a pilot's duties is posted to the Marine Affairs Office of the district, headquarters of the station, and the statement is made to the Registry of the Commercial Court by the district chief. It is posted for three months in the court's place of sitting.
A certificate, issued by the Registrar of the Court, notes that no opposition has been made or that the oppositions have been raised.
A third party with the deposit is validly discharged, for the payment he made to the pilot of the amount of the deposit, when the payment was made on the basis of the certificate provided for in the preceding paragraph and an authorization from the Minister responsible for the merchant marine or his delegate.
The guarantee given by a registered body shall cease under the same conditions.
The privilege of the first-tier creditors referred to in the first paragraph of Article L. 5341-15 shall be exercised by the reasoned opposition or by the seizure-off either at the office of the commercial court of the place of the flight station, or directly at the bank where the bond was deposited, or at the seat of the authorized credit union that provided its guarantee.
The second-tier privilege given to the funder referred to in the second paragraph of Article L. 5341-15 is recognized by the statement made by the funder in the hands of the third-party holder at the time of the remittance.
This statement indicates the name of the pilot, the amount of the bail and the assertion of the loan to the pilot with reference, if applicable, to the loan or bond.
The opposition by second-tier creditors cannot, in any case, prevent the payment of bail interests.
The areas in which the control of the vessels, convoys and floating gear defined in section R. 4000-1 is mandatory under section R. 5341-1 are determined, within the limits of the cockpit, by order of the prefect of the region or, where the limits of the cockpit exceed those of a regional administrative district, by joint order of the competent prefects of the region.
The definition of areas referred to in Article D. 5341-75 shall be taken into account:
1° Local natural conditions resulting from oceanographic, hydrographic and meteorological characteristics;
2° Local conditions of marine and river navigation, including the usual intensity of marine and river traffic;
3° Geometrical characteristics of vessels and fluvial floating equipment circulating in the areas considered.
In each of the areas referred to in section D. 5341-75, the piloting requirement under section L. 5341-1 is exempted:
1° The vessels and floating vessels whose maximum length, width and drawer of water are less than fixed limits, for the area under consideration, by the prefectural order provided for in article D. 5341-75;
2° Vessels and floating vessels, defined by the same order, when their conduct is carried out by a driver who holds a licence as a pilot in a condition of validity or assisted by a person with such a licence;
3° Boats and fluvial floating machines assigned exclusively to the improvement, maintenance or monitoring of ports or their access, regardless of their geometric characteristics.
The master pilot's licence, referred to in 2° of article D. 5341-77, is issued by the department's prefect, after the candidate has successfully completed the examinations before a jury.
This license indicates the zones, types and characteristics of boats, floating watercraft and convoy formations, for which it is valid.
It may set out the restrictions to which its use is subject for safety reasons of navigation.
The jury referred to in article D. 5341-78 shall meet under the chairmanship of the prefect of department of the headquarters of the port of service or its representative and shall include the following members:
1° The territorial director of Inland Waterway of France interested or his representative;
2° The departmental director of the territories and the sea or his representative;
3° The representative of the authority vested in the port police power;
4° At least one pilot in service in the cockpit, on the proposal of the chief pilot or, if not, the president of the pilot union and advice of the departmental director of the territories and the sea;
5° At least one driver with a license of master pilot of at least one level equal to that requested by the candidates, on the proposal of the territorial director of Inland Waterways of France interested.
The members of the jury referred to in article D. 5341-78 are appointed by the prefect of department.
The functioning of the jury is determined by the prefectural order mentioned in article D. 5341-75.
The candidate for the master pilot licence must be at least twenty-one years of age and not more than sixty-five years of age. It is required to justify this at the time of the examination.
The prefectural order referred to in article D. 5341-75 may lower the age limit provided for in the first paragraph of this article for certain types of vessels, fluvial floating apparatus or convoy formations, where the local conditions of navigation justify it.
The candidate must have participated in a minimum number of trips in the areas considered on the types of vessels and floating watercraft and on the types and formations of convoys for which the licence is requested, along with a pilot or pilot master pilot. This number of trips is fixed by the same order.
The applicant's application for a licence is accompanied by a file comprising the following:
1° Copy of the Certificate of Capability authorizing the conduct on inland waterways of vessels and floating vessels for which the licence is requested;
2° Relevé established by the Marine Affairs Services or the authority vested in the Port Police Authority, of the trips to which, in accordance with Article D. 5341-81, the candidate participated in the zones and on the vessels and floating vessels for which the licence is requested;
3° Certificate issued for less than three months by a seafarer physician or approved by the seafarer health service to establish that the candidate meets the sensory standards defined by a decree of ministers responsible for the merchant marine and inland waterways.
The challenges arising from the application of the 3rd of this article are submitted by the department prefect to the advice of the doctor of the geographically competent seafarers.
During the examination, the jury ensures that the candidate has sufficient theoretical and practical knowledge to conduct in the areas considered, without the assistance of a pilot, vessels and floating vessels whose characteristics are at least equivalent to those of vessels and floating vessels for which the licence is requested. The knowledge required by the candidates is fixed by the prefectural order mentioned in article D. 5341-75.
The jury further ensures that the foreign candidate has an adequate level of knowledge of the French language, allowing him to communicate satisfactorily with the representative of the authority vested in the Port Police Authority and the users of the port with whom he would be in relation to the operations carried out under the cover of the licence.
The master pilot licence is issued for a period of three years.
At the request of the licensee, the renewal is granted by the department prefect. The department prefect is not required to consult the jury if the candidate:
1° Completes, on the date of application for renewal, the conditions of physical fitness referred to in 3° of Article D. 5341-82;
2° Justifies that a minimum number of trips to the area considered during the validity period of the last licence, defined by the prefectural order referred to in article D. 5341-75;
3° Has not been sanctioned or prosecuted since the date of validity of the last licence for facts related to the conduct of river vessels.
In the event of non-renewal on the expiry of the licence, the applicant has three additional years to renew its licence. After this period, the examination under section D. 5341-78 must be re-examined.
When he or she is more than sixty-five years old, the holder of a master pilot's licence is required to apply a medical certificate to the prefect each year justifying compliance with the conditions of physical fitness referred to in section 3 D. 5341-82.
If the conditions required for the grant cease to be met, the master pilot's licence may be withdrawn by the prefect of the department, following the advice of the jury, the interested party having been previously admitted to presenting its observations, under the conditions set out in section 24 of the law of 12 April 2000 on the rights of citizens in their relations with the administrations.
Licensees of the master pilot licence may, in addition, irrespective of their age, be subjected to any medical visit to the medical doctor of the seafarers ordered by the prefect of the department concerned.
The tariffs for the flight operations of the vessels or floating vessels carried out by the pilots commissioned in accordance with Article L. 5341-1 shall be based on the volume of the rectangle parallelepiped having:
1° For height, the maximum allowable draught of the vessel or fluvial floating equipment in the considered pilotage areas;
2° For length and width, those of the rectangle circumscribed to the building, measured above all.
For a convoy, the royalty that is due is the sum of the royalties applicable to each of the elements constituting the convoy.
The corresponding tariffs are fixed by the local regulations of the pilot station, under the conditions of sections R. 5341-47 and R. 5341-48.
Special rates may be established in the form of subscriptions based on the frequency of travel in the relevant pilotage area, special rates for certain parts of the area in which the trip is conducted and minimal perception.
Vessels and floating watercraft free from the flight requirement are not subject to the tariff provided for in section D. 5341-86.
However, those of them using a pilot are, on the occasion of the operation under review, subject to the tariff provided for in section D. 5341-86 plus an additional charge, the amount of which, as determined by local regulations, cannot exceed 50% of that tariff.
The exercise of towing in the harbours whose dominant activity is trade and fishing, excluding their basins exclusively for pleasure, is subordinated to an approval issued, with regard to the security conditions in the port, by the harbour authority. Accreditation is also required for the exercise of towing in the marine and fluvial regulation area referred to in section L. 5331-1.
The specific port police regulations set the necessary conditions to ensure port security.
The exercise of the lamination in the ports whose dominant activity is trade and fishing, excluding their basins exclusively intended for pleasure, is subordinate to an approval issued, with regard to the security conditions in the port, by the harbour authority.
The specific port police regulations set the necessary conditions to ensure port security.
The list of ports under section L. 5343-1 shall be determined by joint order of the Minister for Maritime Ports and the Minister for Labour.
Pursuant to Article L. 5343-7, in the ports on the list provided for in Article L. 5343-1, the loading and unloading operations of ships and ships at public stations are, under the reserves indicated in the second paragraph, carried out by docker workers belonging to one of the categories defined in Article L. 5343-2. The same applies to operations in public-use locations, such as land-fills, hangars or warehouses, located within the boundaries of the marine public domain and covering goods from or to the maritime track.
By derogation from the foregoing provisions, may be carried out, without the use of the labour force of the dockers, the following operations: unloading or loading of the shipboard and shipboard equipment and their inspection, unloading or loading of the ships by means of the shipboard or by the owner of the goods by means of the personnel of its company, handlings related to a shipyard of public works on the port considered to be carried
For the purposes of the second paragraph of Article L. 5343-3, casual docker workers are deemed to have regularly worked on a port when they have made at least one hundred work sessions during the preceding twelve months.
Their census is carried out in the major marine ports by the president of the council, in the autonomous ports by the director of the port and, in the marine ports under the territorial authorities and their groupings, by the executive of the local authority or the competent grouping.
The mensualized professional docker worker who was terminated under the conditions laid down in the fifth paragraph of Article L. 5343-3 shall apply to the president of the central office of the labour force for the maintenance of his professional card.
The president immediately seized the central office of the labour force, which collected the employer's opinion that he pronounced the termination and invited the plaintiff docker to present his comments on that notice.
The central office of the labour force decides in the month following receipt of the application. In order to make its decision, it takes into account the reason for termination, the seniority of the individual determined from the date of the award of his professional card, his or her family duties, his or her prospects for professional reintegration, his or her professional ability, and the rate of employment of intermittent professional docker workers. Any decision to refuse must be motivated.
The decision of the central office of the labour force is notified by its president to the interested party by registered letter with a request for notice of receipt.
The central office of the port's labour force is responsible, on behalf of all companies employing docker workers, including:
1° The identification and classification of intermittent professional docker workers and those of mensualized professional docker workers who are authorized to keep their professional cards under Article L. 5343-3;
2° General organisation and control of the hiring of intermittent professional docker workers and casual docker workers in the port;
3° Monitoring of the division of labour between intermittent professional docker workers;
4° From all necessary points for the attribution to intermittent professional docker workers and casual docker workers of the benefit of existing social legislation.
For the designation of the representatives of the handling companies at the central office of the port's workforce, the chair of the office prepares a presentation list after consulting the representative professional organizations for the port in question that have a month to give their opinion. The representatives of the handling companies are appointed, on the proposal of the chair of the office, by decision of the prefect in the major marine ports and in the autonomous ports and by the executive of the territorial community or the competent grouping in the marine ports under the territorial authorities and their groupings.
The term of office of these representatives is the same as that of the representatives of the docker workers elected under the conditions defined in articles R. 5343-7 to R. 5343-12. This mandate is renewable.
The representatives of the professional docker workers at the central office of the port's labour force are elected for two years under the conditions laid down in this subsection. They are eligible for re-election. Their duties are terminated by death, resignation or loss of the conditions required to be eligible in the college in which they were elected.
The professional docker workers registered in the register mentioned in the 1st of Article L. 5345-9 are electors. Electors with the quality of intermittent professional dockers elect representatives of this category of professional docker workers and are divided between the "workers" and "mastery" colleges.
Electors with the quality of mensualized professional dockers elect representatives of this category of professional docker workers and constitute a single college.
Can not be an elector a professional docker worker who is subject to a prohibition, disqualification or incapacity relating to his civic rights or a suspension of the professional card.
Professional docker workers who meet the conditions to be electors are eligible.
The organization of the election is entrusted to the president of the central office of the labour force.
Electoral operations are conducted publicly in the premises of the central office of the labour force. The election takes place by secret ballot. Voting can also be collected by correspondence.
The ballot is list with proportional representation to the highest average and without bandaching. Lists of candidates must include as many names as there are posts to be filled and as many as twice as many. However, when in a college a single seat is to be filled, the ballot shall be held by a relative majority, with the designation of an alternate.
Lists and candidates are presented by representative trade union organizations in the port. If the number of voters is less than half of the registered voters, a second ballot is taken for which voters may vote for lists and candidates other than those presented by trade union organizations.
In the event of a vacancy for any cause, an elected representative of the professional docker workers is replaced, for the remaining term, by the following on the list on which he was elected or his alternate. If not, and except for the renewal of all representatives of professional docker workers within three months, by-elections shall be held under the conditions provided for in article R. 5343-9.
Disputes regarding the validity of electoral transactions are brought before the territorially competent administrative tribunal within fifteen days of the election. The Administrative Court shall decide within one month and its decision shall be notified within eight days of the day after the date of the decision. These remedies are dispensed from the Ministry of Lawyer.
An order by the Minister for Merchant Navy and the Minister of Labour specifies the terms and conditions for the application of the sections to R. 5343-7 to R. 5343-11.
The central office of the labour force can only validly deliberate if half of its members in parliamentary positions are present or represented. If there is no quorum, the office shall deliberate validly without a quorum condition after a new convocation on the same agenda and specifying that no quorum will be required.
A member of the central office of the labour force may be represented by another member from the same category. Each member can only receive one term.
Decisions are made by a simple majority. In case of equal sharing of votes, the President's voice is preponderant.
The costs of the central office are covered under the conditions set out in articles L. 5343-11 and L. 5343-12.
The Board of Directors of the National Docker Worker Guarantee Fund includes:
1° Three State representatives: the President appointed by the Minister for Maritime Ports, a Vice-President appointed by the Minister for Labour and a director appointed by the Minister for Maritime Ports;
2° Three representatives of employers and three representatives of intermittent docker workers, appointed by order of the Minister for Maritime Ports under the conditions laid down in the last paragraph of Article L. 5343-10.
The term of office of the Board of Directors is two years. He's renewable.
The Financial Director of the National Docker Worker Guarantee Fund is appointed by the Minister responsible for the budget, on the proposal of the Board of Directors. Its function is incompatible with that of a member of the board of directors.
The board of directors may only validly deliberate if at least half of its members are present or represented. In the event of a lack of quorum, the board of directors shall deliberate validly without a quorum condition after a new convocation on the same agenda and specifying that no quorum shall be required.
A member of the board of directors may be represented by another member of the board in the same category. Each member can only receive one term.
The deliberations are taken by a simple majority. In case of equal sharing of votes, the President's voice is preponderant.
For each central office of the labour force, the rate of contribution imposed on employers is fixed by order of the Minister for Maritime Ports, the Minister for Labour and the Minister for Budget, on the proposal of the President of the Board of Directors of the National Fund for the Guarantee of Docker Workers, after the advice of the Board of Directors of the caisse and the central office of the labour force concerned. These notices are deemed to have been given if they did not intervene within the month following the referral of these organizations by the President of the caisse.
On 1 January and 1 July of each year, the President of the Board of Directors of the National Docker Worker Guarantee Fund, after the advice of the Board of Directors, shall prepare a report for the period of six months, reflecting the evolution in the various central offices of the labour force of the number of intermittent professional dockers, the rate of employment of their contribution and the number of intermittent dockers.
It shall, under the same conditions, establish a state of the situation, for each central office of the labour force, of the account opened by the body in accordance with the provisions of Article L. 5343-12 and shall make any useful suggestions, including any amendments to the amount of the guarantee allowance and the rates of employer contribution.
The limit provided for in 1° of Article L. 5343-15 is set at 30% for the central offices of the labour force with less than ten intermittent professional dockers and in the ports where fishing activities or bonuses and citrus represent more than 50% of the workdays of intermittent professional dockers. In the other ports, this limit is set at 25% for central labour offices with less than thirty intermittent professional dockers, 20% for those with between thirty and one hundred intermittent docker workers and 15% for those with more than one hundred intermittent docker workers.
The limit provided for in 2° of Article L. 5343-15 is set at 15% for the central offices of the autonomous ports of work with more than seven hundred professional docker workers as of 1 January 1992 and 20% for the others.
The amount of the compensatory allowance provided for in Article L. 5343-17 is equal, within the limits of the amounts provided for in this article, to fifty times the amount of the guarantee allowance defined in Articles L. 5343-18 and L. 5343-19 per whole year of seniority as a professional docker worker, deducting from periods that may have passed, after 10 June 1992, as a menualized professional docker.
The amount of the guarantee allowance shall be determined by order of the Minister for Maritime Ports and the Minister for Labour.
The right to guarantee compensation for intermittent professional docker workers is limited to 300 vacations per year and per intermittent professional docker worker, each corresponding to a half-day unemployed.
Companies of the same port employing professional docker workers can entrust the application of theArticle 7 of Act No. 72-1169 of 23 December 1972 guaranteeing employees a minimum monthly pay at the paid leave of that port, whose statutes and rules of procedure are amended to that effect, within two months of the publication of the order in the following paragraphs.
If they fail, they must, within the same period, constitute an organization that will be approved under the conditions established by a joint order of the Minister for Labour and the Minister of Transport.
The order set out in the preceding paragraph shall, in particular, determine the provisions to be introduced in the statutes and in the rules of procedure of the bodies or bodies referred to in this section to enable them to fulfil the obligations arising from the Act No. 72-1169 of 23 December 1972 guarantee minimum monthly wages to wage workers.
These obligations take effect on the first day of the month following the expiration of the time limit set to the first and second paragraphs of this Article.
For application of theArticle L. 3322-2 of the Labour Code, the workforce of employees usually employed by port-handling companies is calculated by adding to the number of permanent employees the average number of professional or casual docker workers hired per working day during the fiscal year considered in all the ports where these companies have an establishment.
The necessary findings are made by the central offices of the labour force of the interested ports, under the control of the national guarantee body of the docker workers.
For application second paragraph of Article L. 3342-1 of the Labour Code, a casual professional docker worker is deemed to have at least three months of presence in a port handling company if he has completed at least 120 vacations on behalf of this undertaking during the fiscal year in question.
When applyingArticle L. 3322-6 of the Labour Code, the agreements relating to the participation of employees of a port handling company have passed between the head of business and the union delegates, they must include representatives of the dockers workers' unions affiliated to the representative organisations of the industry. Employees of the company shall be considered to be members of the trade union representatives holding the professional card issued by the central office of the labour force of one of the ports where the company has an establishment and who have worked for this company during the twelve months preceding the conclusion of the agreement.
Joint Orders of the Minister for Transport, the Minister for Labour and the Minister for Economy set out the terms and conditions for the application of sections R. 5343-23 to R. 5343-25, including the second paragraph of section R. 5343-23.
The special parity commission provided for in the first paragraph of Article L. 5343-21 includes equal numbers of representatives designated by professional representative employers organizations and by trade union organizations of representative workers for the port in question.
The strength of this commission is as follows:
1° Four members when the maximum authorized strength of professional docker workers does not exceed 200;
2° Six members when the same number is between 201 and 500;
3° Eight members when the same number exceeds 500.
Members are designated for a period of two years. Their mandate is renewable.
During each renewal, the Commission shall elect a Chairperson and a Vice-Chairperson who shall be re-elected.
If the president is a representative of employers, the vice-president is a representative of workers and reciprocally.
The Special Joint Commission shall, at its first meeting, establish rules of procedure that specify the modalities of its operation, in particular the number of meetings, as well as the conditions for the preparation and presentation of annual reports and programmes that companies may submit to it.
In ports where the maximum authorized strength of professional docker workers exceeds 300, the special parity commission must meet at least twice a year.
The Special Joint Commission shall annually determine the amount of its operating expenses.
The coverage of these expenses is ensured by an employer-supported contribution, which includes the wages used to calculate the contributions due to the compensation fund for the paid leave of the port.
The rate of this contribution is set annually by the Special Joint Commission.
The collection of contributions and the payment of the expenses set out in section R. 5343-30 shall be provided by the attachment organization provided for in section L. 5343-21.
The rules of procedure provided for in section R. 5343-29 and, where applicable, the terms and conditions of the Articles of Association are approved by the Minister of Labour.
The chairman of the board, the director of the port or the executive of the local authority or the competent group designates a representative who has permanent access to the meetings of the special joint commission and receives communication from all the documents intended for the commission.
In addition, participation in the meetings of the commission, as necessary and with advisory voice, representatives of the concessionaires of the public tools of the port.
In each port, a compensation fund approved by the Minister of Labour shall be established to distribute, among all employers occupying in the seaports of the dockers workers, the expenses resulting from the granting of leave paid under the conditions laid down in this paragraph.
Where applicable, it may be established a single compensation box for several ports.
All employers of a port where a compensation box or ports is created in which a common compensation box is created are required to join these boxes.
Mensualized and intermittent docker workers, as well as casual docker workers, must be declared by their employer to the paid leave.
The head of business may also ensure by the credit union, with the agreement of the bank and with the payment of the corresponding contributions, the leave service to staff whose return is not mandatory. The adhering employer is required to comply with both the requirements of this paragraph and the regulations and regulations of the caisse.
The rules of the body set for each port the method of compensation, the method of perception of employers' contributions and the method of payment of compensation to workers on leave.
An order issued by the Minister for Labour sets out the documents and justifications to be provided by the compensation funds, either for their approval by the Minister or during their operation.
The length of the annual leave of the workers declared to the body shall be determined in accordance with the provisions of Chapter I, Part IV, Book I of Part III of the Labour Code. It is specified, with respect to intermittent professional docker workers and casual docker workers whose social contributions are paid using thumbnails, that fifteen days of work are considered equivalent to one month for determining the duration of the leave of these workers.
The compensation scheme regulations indicate how the number of days during which workers were occupied by one or more employers will be determined and controlled.
This method of determination is set, for each case, by a parity commission composed of equal numbers of representatives of professional employers' organizations and employee union organizations.
If there is no agreement on this matter within the Joint Commission, the number of days it will be determined on the basis of the certificates of payment issued to social insured persons.
The amount of the paid leave allowance of professional mensualized workers is determined in accordance with provisions of Article L. 3141-22 of the Labour Code.
The allowance to be paid to intermittent professional docker workers and casual docker workers for their leave shall not be less than the tenth of the total compensation received during the reference period or, for each working day of leave, to the basic salary for the day for their profession and their category fixed by the convention in force in the port.
The regulation of the fixed compensation scheme for intermittent professional docker workers and casual docker workers the ordinary holiday period(s).
In the event of a breach of the provisions of Chapter III of this title, as found in the conditions set out in Article L. 5344-1, the President of the central office of the labour force shall in writing inform the employer or the docker worker interested in the facts and specify the time and conditions in which he may present his defence. This shipment is carried out by registered letter with a request for a notice of postal reception or by handover against discharge.
The person concerned shall have at least 10 days from the receipt of the letter referred to in the preceding paragraph to make his comments which may be addressed in writing to the president of the central office of the labour force or presented orally, at the request of the person concerned, before the central office of the labour force.
He may be assisted or represented in the proceedings by a person of his or her choice. He then informed the president of the central office of the labour force.
The sanction, made by a reasoned decision of the president of the central office of the labour force, after the opinion of that office, is notified to the person concerned under the conditions provided for in the first paragraph. This notification specifies the avenues and deadlines for appeal.
The hierarchical appeal against the decision taken by the president of the central office of the labour force in a port under the State must be sent to the minister responsible for the marine ports by recommended fold. The individual may be assisted or represented by a person of his or her choice.
The Minister may suspend the application of the sanction imposed by the president of the central office of the labour force until he has ruled on the appeal.
The Minister's reasoned decision is taken after consultation with the Board of Directors of the National Docker Workers' Guarantee Fund to which the appeal is communicated. It is notified under the conditions set out in the first paragraph of Article R. 5344-1.
The harbour authority ensures the management of the railway traffic on the harbour railways.
It ensures equal access to the harbour railways.
The harbour authority shall determine among the railways within its jurisdiction those of them having the character of the harbour railways and, provided that they are not indispensable to public traffic, those having the character of terminal facilities connected within the meaning of Article L. 5351-3.
The design, construction, maintenance and use of the connected terminal facilities are subject to the provisions of the Decree No. 92-352 of 1 April 1992 measures to be taken to ensure the safety of workers in establishments where railways are used.
The establishment, modification or deletion of a connection between the national railway network and the harbour railways is financed by the public establishment " Réseau ferré de France" under the conditions fixed by theArticle 4 of Decree No. 97-444 of 5 May 1997 relating to the missions and statutes of Réseau ferré de France.
The connection agreement between Réseau ferré de France and the port authority pursuant to section L. 5351-4 is approved by the Minister responsible for transport. It defines the obligations and responsibilities of each party on their respective infrastructure.
This includes:
1° The description of the paths and installations ensuring the interface between the two networks;
2° Modalities for the management of infrastructure capacities on these routes and facilities;
3° The modalities for the management of railway traffic from one network to another;
4° Maintenance or operating services performed by one party on behalf of the other;
5° The financial conditions for the implementation of its stipulations.
The port authority shall establish and publish, after consultation with the railways using the network of the harbour railways under its jurisdiction and the users of the carriage of the cargo on this network, a reference document of this network exposing the characteristics of it and specifying the conditions for accessing it.
The reference document specifies, in the event of the application of section L. 5352-2, the pricing principles and the fees for use. It sets out the terms and procedures for the allocation of capacities.
This document is maintained and amended as required, with a minimum of four months to separate the publication from any changes to the deadline for applications for infrastructure capacity.
The port authority shall establish, after consultation with the authority vested in the port police authority, a security regulation of the operation of the harbour railways that specifies the applicable operational measures. This regulation is subject to approval by the Railway Public Safety Establishment. This approval is valid for up to five years.
The port authority provides the operating instructions and technical requirements applicable on these routes to any company wishing to use them.
An order of the Minister for Transport shall specify the terms and conditions of application of this section.
The granting and use of infrastructure capacities on the harbour railways may result in the payment of royalties to the port authority in accordance with the principles of tariffs for the use of the railway infrastructure set out in section L. 2111-25 and under the conditions fixed by order of the Minister responsible for transport.
The port authority establishes and receives royalties, which must be able to justify the amount and which it uses the product for the financing of its activities as a railway infrastructure manager.
It respects the confidentiality of commercial information provided to it for the purposes of these provisions.
Accreditation under the second paragraph of section L. 5352-3 is subject to conditions of liability, financial capacity and risk coverage, as well as to conditions relating to traffic safety relating to the undertaking to comply with the operating instructions and technical requirements applicable on these routes and to implement an organization and to affect the operation of personnel and equipment for safe operation.
When the port authority is not the applicant, it shall forward the application file with its notice to the Public Rail Safety Establishment within four months of receipt of the application. The approval shall be granted on the basis of the conformity of the Public Railway Safety Institution in view of the applicant's commitment to this matter. The notice is deemed to be in compliance in the absence of a response within two months of receipt of the record by the Public Rail Safety Establishment.
Accreditation is a security certificate for services borrowing the routes of service and clutch of the national railway network in continuity of these harbour railways under the conditions provided for in the Title III of Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system.
An order of the Minister for Transport shall specify the terms and conditions of application of this section.
The general regulation of the port railways mentioned in section L. 5352-4 is arrested by the Minister for Transport.
The breaches of the general regulations of the harbour railways and the local regulations of application, which affect the railway field, constitute breaches of the large roadway punishable by the fine provided for in the first paragraph of Article L. 2132-26 of the general code of the properties of public persons.
In case of recidivism, defined in accordance with the rules ofArticle 132-11 of the Criminal Code, the provisions of the 5th of section 131-13 of the same code are applicable.
Without prejudice to the provisions of this book, chapters I and II of the preliminary title of Part I, Book VIII are applicable to this Part.
The marine ports, which fall within the competence of the State, are:
1° The great maritime port of Guadeloupe;
2° The great maritime port of Guyana;
3° The great maritime port of Martinique;
4° The great maritime port of La Réunion.
For its application to the ports under the State referred to in Article L. 5713-1, Chapter II of Title I of Book III of the Fifth Regulatory Part is subject to the modifications set out in this chapter.
Section R. 5312-10 is amended as follows:
1° The third preambular paragraph shall be replaced by the following subparagraph:
« 2° The Director of Environment, Development and Housing; »
2° The fourth preambular paragraph is deleted;
3° In the fifth paragraph the 4th is replaced by 3°;
4° The sixth preambular paragraph shall be replaced by the following subparagraph:
« 4° A representative designated jointly by the Ministers responsible for the sea and overseas. »
Section R. 5312-11 is amended as follows:
1° The second preambular paragraph reads as follows:
« 1° A member of the regional council in Guadeloupe and La Réunion, designated by this council; »
2° The third paragraph reads as follows:
« 2° A member of the General Council in Guadeloupe and the Meeting, designated by this Council; »
3° After the third preambular paragraph, a sub-item reads as follows:
« 3° Two representatives of the meeting of Guyane in Guyana and two representatives of the meeting of Martinique in Martinique. » ;
4° The fourth preambular paragraph reads as follows:
« 4° Two representatives of the other territorial authorities and their groupings in Martinique and La Réunion and three representatives of the other territorial authorities and their groupings in Guyana and Guadeloupe. The decree establishing the large seaport determines municipalities or groups with a representative. These members are designated by the deliberative body of the community or group. »
The first two paragraphs of section R. 5312-12 are replaced by the following:
"The qualified personalities referred to in the 4th of section L. 5312-7 shall be appointed by order of the Minister for Maritime Ports, after consultation with the Minister for Economics and advice from the territorial authorities and their grouping, of which part of the territory is located in the port district. If no response occurs within the month following the referral, the notice is deemed to be issued.
" Qualified personalities are chosen because of their competence in activities relevant to ports, development, environment, marine navigation, transport, regional economy or national economy.
"The decree in the Council of State establishing the large port means the consular chamber which has three representatives elected to the Supervisory Board. The Minister for Maritime Ports invites this consular chamber to propose its representatives. »
The sixth preambular paragraph of article R. 5312-24 is as follows:
« 5° The conventions referred to in the first paragraph of Article R. 5312-20, subject to the third paragraph, authorizations of private equipment with public service obligation, concession or charter of tools; "
In the second paragraph of section R. 5312-31, the words "and budget" are replaced by the words ", budget and overseas."
The 4th of article R. 5312-36 is thus completed:
"It also includes a designated consumer representative in a consumer association. »
The inter-portal coordination council established, pursuant to Article L. 5713-1-2, between the major marine ports of Guadeloupe, Guyana and Martinique takes the name of the interportary coordination council Antilles-Guyane.
Representatives of the territorial authorities and their groupings mentioned in the 1st of Article D. 5312-40 are:
1° A incumbent representative and an alternate appointed by the General Council of Guadeloupe among its members;
2° A incumbent representative and an alternate appointed by the regional council of Guadeloupe among its members;
3° Two incumbent representatives and two alternates appointed by the assembly of Guyane among its members;
4° Two incumbent representatives and two alternates appointed by the Assembly of Martinique among its members.
The representatives of the State mentioned in the 2nd of Article D. 5312-40 are:
1° The prefect of the Guadeloupe region or his representative, which he designates on a permanent basis;
2° The prefect of the Guyane region or his representative, which he designates on a permanent basis;
3° The prefect of the Martinique region or its representative, which he designates on a permanent basis.
The representatives of the ports mentioned in the 3rd of Article D. 5312-40 are:
1° The Chairman of the Supervisory Board of the Great Maritime Port of Guadeloupe or his representative, whom he designates among the qualified personalities of this council;
2° The Chairman of the Supervisory Board of the Grand Port of Guyana or his representative, who he designates among the qualified personalities of this council;
3° The president of the Supervisory Board of the Grand Marine Port of Martinique or his representative, whom he designates among the qualified personalities of this council;
4° The president of the directorate of the large marine port of Guadeloupe or his representative, member of the directorate;
5° The president of the directorate of the large maritime port of Guyana or his representative, member of the directorate;
6° The president of the board of the large marine port of Martinique or his representative, member of the board.
I. - The 4th of Article D. 5312-40 is not applicable.
II. - The qualified personalities mentioned in the 5th of Article D. 5312-40 are:
1° A member appointed by the Minister responsible for transport because of his skills in activities relevant to ports, transport, development or economy;
2° A member appointed by the Minister for Overseas;
3° A representative of the diplomatic corps, in charge of regional cooperation for the Caribbean-Guyane area, appointed by the Minister for Foreign Affairs.
The President of the Council is appointed by the Ministers responsible for transport and overseas among these three personalities.
For the deliberations of the interportary coordination board, in the absence of physical participation of members, a videoconference may be organized.
The use of videoconferencing is permitted only on the condition that simultaneous, real and continuous transmission of the voice and image of the various members is ensured. If these technical guarantees are not provided, the use of videoconferencing cannot take place.
The co-ordinating Commissioner provided for in section D. 5312-44 has a designated alternate under the same conditions.
A member of the general economic and financial control may be associated with the work of the inter-portal coordination board upon request.
The large seaports of Guadeloupe, Guyana and Martinique provide the secretariat of the interportary coordination council for one year.
The large maritime port providing this function is responsible for the accommodation and travel expenses of the three qualified personalities, the Commissioner of the Government and, where appropriate, the representative of the general economic and financial control.
The travel expenses of the members referred to in sections R. 5713-10, R. 5713-11 and R. 5713-12 are borne by the large seaport located in the territory in which they exercise the function under which they are members of the coordination board.
The fourth paragraph of article R. 5312-63 is as follows:
« 3° From the forward-looking approach to the modalities selected for the operation of public handling equipment; "
In the second paragraph of R. 5312-64, the words "and budget" are replaced by the words ", budget and overseas."
In the second paragraph of R. 5312-70, the words "and budget" are replaced by the words ", budget and overseas."
In the first paragraph of section R. 5312-83, the words: "Subject to cases of operation under section L. 5312-4," are deleted and the words: "are exploited" are replaced by the words: "may be exploited".
In the first paragraph of article R. 5312-84, the words: "Without prejudice to the provisions of the articles 7, 8, 9 of Act No. 2008-660 of 4 July 2008 on port reform, "are deleted.
Section R. 5312-94 is amended as follows:
1° In the first paragraph, the words: "Article L. 5312-4" are replaced by the words: "Article L. 5713-1-1";
2° It is supplemented by the following provisions:
"In the framework set out in Article L. 5713-1-1, the realization and operation of tools made available to the public are ensured by the large seaport itself or are the subject of a concession or charter contract that may be concluded with public authorities, public institutions or private companies.
"Events put in place by a company and necessary for its own needs are subject to a private tooling authorization with a public service obligation. »
Section R. 5313-28 is replaced by the following provisions:
"Art. R. 5313-28. - The staff of the concessions of public equipment of the chambers of commerce and industry of the region or the staff of the autonomous port of Guadeloupe retain their contracts of work based on the collective agreement in force on the date of the creation of the large marine port and applicable to the personnel of the marine ports.
"For this purpose and upon the intervention of the decree establishing the large maritime port, the representative of the State in the region or in the territorial community consults the Chambers of Commerce and Industry of interested regions, concessionaires of public equipment, with a view to establishing the nominative list, by function, of the personnel referred to above. This list is communicated to representatives of interested staff who must make their comments within 15 days. The representative of the State in the region or in the territorial community establishes the final list and then forwards it to the relevant staff of the Chambers of Commerce and Industry of the region who have fifteen days to contest. In the event of a dispute regarding the resumption of certain members of the Chambers of Commerce and Industry in the region, a joint decision of the Minister for Maritime Ports and the Minister for Industry is taken.
"The workers, beneficiary of the pension plan defined by the Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments, who have opted for the conservation of their status, is not subject to the collective agreement referred to in the first paragraph. »
In the case of the application of section R. 5321-8, the Commissioner of the Government to the Great Maritime Port also addresses the file to the Minister responsible for overseas departments. The Council shall notify the Minister responsible for the marine ports in the same conditions as the other ministers consulted.
R. 5313-52, R. 5313-53, R. 5313-55 and R. 5313-90, references to regulations of the general public ownership code are replaced by references to similar provisions of the local applicable regulations.
The provisions of Article D. 5333-4 8 are not applicable to Mayotte
The provisions of Title I of Book III are not applicable to Saint-Barthélemy, except for articles R. 5313-23 to R. 5313-28 relating to the status of staff.
The provisions of title II of Book III are not applicable to Saint-Barthélemy.
In title III of Book III, are not applicable to Saint-Barthélemy:
1° The provisions of Article R. 5331-9 in that they relate to supervisory officers;
2° The provisions of section 3, subsection 3, of Chapter I relating to port supervisors and supervisors;
3° The provisions of Chapter IV, section 4, relating to the loading and unloading of bulk vessels.
For the application in Saint-Barthelemy of the provisions of Chapters II and III of Title III of Book III, the reference to Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 concerning the improvement of the safety of ships and harbour facilities is replaced by the reference to the rules applicable in metropolis under the same regulation.
The provisions of Article 8 D. 5333-4 are not applicable to Saint-Barthélemy.
The provisions of Title I of Book III are not applicable to Saint-Martin except for articles R. 5313-23 to R. 5313-28 relating to the status of staff.
The provisions of title II of Book III are not applicable to Saint-Martin.
In title III of Book III, are not applicable to Saint-Martin:
1° The provisions of Article R. 5331-9 in that they relate to supervisory officers;
2° The provisions of section 3, subsection 3, of Chapter I relating to port supervisors and supervisors;
3° The provisions of Chapter IV, section 4, relating to the loading and unloading of bulk vessels.
The provisions of Article 8 D. 5333-4 are not applicable to Saint-Martin.
The national port of interest of Saint-Pierre-et-Miquelon falls within the competence of the State.
The organization of the port of Saint-Pierre-et-Miquelon is determined by the provisions of Articles R. 121-1 to R. 121-6 and R. 141-1 to R. 142-5 of the code of the marine ports.
The regime of work and operation in the port of Saint-Pierre-et-Miquelon is determined by the provisions of Articles R. 122-1 to R. 122-17 of the Code of Maritime Ports.
The concessions and authorizations of private equipment with a public service obligation relating to port pleasure facilities can be granted both to public authorities and to public institutions or private companies.
Concessions relating to port pleasure facilities are granted under the conditions set out in c of Article R. 122-8 of the Code of Maritime Ports.
The application is instructed under the conditions set out in articles R. 122-9 and R. 122-10 of the same code.
Dealers of marina facilities have the power to deliver, under the conditions provided for in thearticle R. 2122-15 of the general public property code, the titles of occupation of the public domain of the State pursuant to articles L. 2122-1 to L. 2122-19 of the same code.
Private equipment authorizations with public service obligation relating to port pleasure facilities are granted under the conditions established by Article R. 122-12 of the Code of Maritime Ports.
The application shall be instructed under the conditions established by the same article R. 122-12.
The rates and conditions of use of port pleasure facilities are instituted and modified according to the procedure set out in Articles R. 122-14 and R. 122-15 of the Code of Maritime Ports.
The procedures set out in section R. 5753-7 are not applicable to special tariffs known as "subscription tariffs" or "contractual tariffs", where the terms of reference contain the standard terms of reference for the approval of these tariffs.
For the purposes of the application of section R. 5321-2 in SaintPierre-et-Miquelon, the authority responsible for setting the royalty rates referred to in section R. 5321-1 is the concessionaire or, in the absence of a concessionaire, the prefect.
Eight days after the expiration of the one-month period provided for in section R. 5321-2, the port manager shall transmit to the prefect, with his opinion, the deliberation of the recipient organization accompanied by the results of the instruction.
The provisions of 8th article R. 5333-4 are not applicable to Saint-Pierre-et-Miquelon.
For the application in Saint-Pierre-et-Miquelon of chapters II and III of Book III, references to Regulation (EC) No 725/2004 of the European Parliament and the Council of 31 March 2004 are replaced by references to the rules applicable in metropolis under the same regulation.
Done on 30 December 2014.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Defence,
Jean-Yves Le Drian
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
The Minister of the Interior,
Bernard Cazeneuve
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Overseas,
George Pau-Langevin
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
The Secretary of State in charge of the budget,
Christian Eckert
