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Decree No. 2015 - 1756 Of 24 December 2015 On Security Of Seaports

Original Language Title: Décret n° 2015-1756 du 24 décembre 2015 relatif à la sûreté des ports maritimes

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SUSTAINABLE DEVELOPMENT , ECOLOGY , MARITIME TRANSPORT , FLIGHT TRANSPORT , MARITIME COMPANY , LOCATION , PORTUARY INSTALLATION


JORF n°0300 du 27 décembre 2015 page 24119
text No. 5



Decree No. 2015-1756 of 24 December 2015 concerning the safety of marine ports

NOR: DEVT1513573D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/24/DEVT1513573D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/24/2015-1756/jo/texte


Publics concerned: State, port authorities, port operators, shipping companies, authorized security agencies, port users.
Subject: port security.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree amends the provisions of Transport code related to the safety of marine ports to better take into account threats and to focus on effective measures by removing administrative constraints not imposed by European texts. It clarifies the responsibilities of the actors and specifies the minimum requirements of the ports and port facilities, taking into account their needs and their means. In particular, it assigns an increased role to local port security committees, prescribes to identify in each port the parties actually to protect, stops the rules relating to documentary deadlines (valuations and security plans of ports and harbour facilities), and determines the residual responsibilities of shipowners for access on board as well as the responsibilities regarding the safety of port water plans. The text enshrines a better return of information from the State authority in the department to the competent national authority. It finally extends the regulatory framework of Transport code to French Polynesia, New Caledonia and the Wallis and Futuna Islands.
References: the decree can be consulted on the website Légifrance (www.legifrance.gouv.fr).


The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Considering the amendments to the annex to the 1974 International Convention for the Protection of Human Life at Sea (SOLAS) and the International Code for the Safety of Ships and Port Facilities (ISPS), adopted in London by the International Maritime Organization on 12 December 2002 and published by the Decree No. 2004-290 of 26 March 2004 ;
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;
In view of Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on improving the safety of ports;
Vu la Organic Law No. 99-209 of 19 March 1999 relating to New Caledonia;
Vu la Act No. 2004-192 of 27 February 2004 bearing the status of autonomy of French Polynesia;
Vu le Defence codeincluding articles L. 1332-1 to L. 1332-7, R. 1332-4, R. 1332-16 to R. 1332-18, R. 1332-24, R. 1332-34, R. 1332-35 and R. 1332-38;
Vu le Criminal codearticles 131-12 to 131-18, 132-11 and 132-15;
Vu le Internal Security Codeincluding articles L. 114-1, L. 311-1 to L. 312-4, L. 315-1, L. 315-2, L. 317-1 to L. 317-14, R. 114-1 to R. 114-5, R. 311-1 to R. 311-4, R. 315-1 to R. 315-18 and R. 317-1 to R. 317-14;
Vu le Transport codeincluding articles L. 5331-2, L. 5332-1 to L. 5332-7, L. 5336-1, L. 5336-8 and L. 5336-10;
Vu le Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
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. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative advisory commissions;
Considering the opinion of the Government of New Caledonia of 18 August 2015;
Considering the opinion of the French Polynesia government of 20 August 2015;
Having regard to the advice of the High Council of the Merchant Navy of 2 July 2015;
Considering the advice of the National Standards Assessment Board dated 23 July 2015;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


Chapter II of Book III, Part III, Part 5, of the Transport Code (regulatory part) is amended to read:
1° Section R. 5332-1 is amended as follows:
(a) In the first paragraph, the words: "the following twelve members" are replaced by the words: "Twelve members, at reason of";
(b) In the penultimate paragraph, the sentence: "The chair of the interdepartmental group may be replaced by one of the members designated by the Minister for Transport. "The Minister for Transport may delegate the chair of the interdepartmental group to an authority that he designates within the Ministry of Transport. » ;
2° Sub-section 2 and subsection 3 become sub-section 2, entitled "Local Jurisdictions and State Representatives";
3° Section R. 5332-4 is replaced by the following provisions:


"Art. R. 5332-4.-In each of the ports mentioned in article R. 5332-18, or for a group of ports or for all the ports of the department by decision of the representative of the State in the department, a local port security committee shall, under the chairmanship of the representative of the State in the department or its delegate, the representatives:
« 1° Deconcentrated services of the competent State in the field of the safety of marine transport and port operations;
« 2° Territorially competent internal security forces, including maritime gendarmerie and intelligence services;
« 3° The Maritime Prefect or the Government Delegate for the Action of the State at Sea;
« 4° Maritime zone commander for metropolitan ports or the superior commander of the armed forces for overseas ports;
« 5° Port authority, including the port security officer referred to in R. 5332-25;
« 6° The authority vested in the power of the port police;
« 7° Port manager if applicable.
"On a decision of the chair, a representative of the Minister for Transport or any qualified person may attend meetings of the committee.
"The deliberations of the local port security committee and the information that its members are aware of during their work are secret. The opinions made by this committee are public. » ;


4° Article R. 5332-5 is amended as follows:
(a) At 1°, the words: "the project of the evaluation of the port security and the project of the harbour security plan" are replaced by the words: "the evaluation projects of the port security and the projects of the harbour security plan";
(b) The 2° is replaced by the following:
« 2° The coherence of the documents mentioned in the 1st and the measures taken for their application with the documents and measures planned to ensure the safety of the port facilities; »
(c) After the 4°, it is inserted a 5° as follows:
« 5° Monitoring of documentary work schedules, action plans taken to address the non-compliances identified and the programming of the exercises. » ;
(d) The following paragraphs are replaced by the following:
"The local port security committee is informed of the security assessments of port facilities.
"When consulted by the representative of the State in the department, the local port security committee shall issue a notice or offer proposals:
« 1° On security issues specific to a port facility, in particular on the opportunity to create a restricted access area;
« 2° On all security issues within the security port limits defined in Article R. 5332-19;
« 3° To any extent that enhances vigilance, such as information, awareness-raising or training, as well as exercises and training;
« 4° To any degree of coordination between the relevant public safety services and private bodies, if applicable;
« 5° On corrective actions proposed by port authorities or operators following an inspection or audit";
5° After the article R. 5332-5, an article is inserted as follows:


"Art. R. 5332-5-1.-The representative of the State in the department is responsible for the local implementation of the port security.
"The representative of the State in the department collects the opinions formulated by the local port security committee. It may consult with members individually and collect the advice of the local committee in a dematerialized form. It meets this committee at least once a year.
"The representative of the State in the department addresses at the end of the year to the Minister for Transport a report on the situation of the ports and harbour facilities of his department, to which are annexed:
« 1° The list of port facilities and their operating situation;
« 2° A timeline for actions to be taken to address non-compliances affecting the security of ports and port facilities identified during inspections and audits, including deficiencies in assessments and safety plans. » ;


6° Section R. 5332-7 is amended as follows:
1° In the second sentence, the words: "These measures" are replaced by the words: "These provisions";
2° It is inserted a third sentence as follows: "If applicable, they are annexed to the port security plan";
7° Section R. 5332-8 is amended as follows:
(a) In the first sentence, the words "in L. 5332-7 and L. 5251-3" are replaced by the words "in L. 5251-3 and in L. 5332-7";
(b) In the eighth preambular paragraph, the words: "The chair of the commission may be replaced by one of the members appointed by the Minister for Transport. His voice is preponderant in case of sharing. are replaced by the following provisions: "The chair of the commission may be delegated to an authority designated by the Minister responsible for transport within his department. In the event of a vote-sharing, the president's vote is preponderant. » ;
8° Section R. 5332-11 is amended as follows:
(a) The words: "The members of the enabling committee and the persons authorized to do so" are replaced by the words: "The authorized persons";
(b) The words: "continue to respond" are replaced by the words: "respond";
(c) The words: "provided upon request" are replaced by the words: "presented at their request";
9° The title of subsection 2 becomes: " Functions of authorized security agencies";
10° In R. 5332-13, the words: "as provided in this chapter" are replaced by the words: "as provided in sections 3 to 7 of this chapter";
11° Section R. 5332-14 is replaced by the following provisions:


"Art. R. 5332-14.-The port authorities and port facilities operators may entrust to the authorized security agencies the establishment of their respective contribution to the security assessments and the drafting of the security plans defined in section 3 of this title, or request them to participate in them.
" Shipowners may entrust to authorized security agencies the establishment of safety assessments and ship safety plans, or ask them to participate in them. » ;


12° Section R. 5332-15 is amended as follows:
(a) The word "participated" is replaced by the word "contributed";
(b) The words: "participate in the establishment" are replaced by the words: "to be entrusted with the establishment or update";
13° In R. 5332-16, the words "whose frame is fixed" are replaced by the words "in accordance with the terms set";
14° In the second paragraph of article R. 5332-17, the words: "approved by the representative of the State in the department" are replaced by the words: "whose competences in the field of maritime and port security are guaranteed and which have been approved by the representative of the State in the department in which the head office of the agency is located. » ;
15° The title of section 3 becomes: "General provisions-evaluation of port security and security plan and port facilities";
16° The title of subsection 1 becomes "Common Provisions";
17° Section R. 5332-18 is amended to read:
(a) In the first sentence, the word "submitted" is replaced by the words: "including or to which is attached at least a submissive port facility";
(b) The last paragraph is replaced by the following provisions: "This order, taken after notice of the representative of the State in the department, classifies the ports and other places of call by categories according to the importance and nature of their traffic and determines to what extent the provisions of this chapter apply to these categories. » ;
18° After the article R. 5332-18, two articles are inserted as follows:


"Art. R. 5332-18-1.-The operator of the harbour facility, or the harbour authority where the vessel is located outside the harbour, shall take the safety measures to:
« 1° Prohibit access to the harbour facility and the ship to unauthorized persons;
« 2° Prevent or, in the event of a transportation authorization, supervise by specific security measures, the introduction to a port facility or a vessel of prohibited objects or products falling within the following categories:
“(a) Firearms;
“(b) Explosive equipment and materials;
"(c) Incendiary devices or substances;
"(d) Articles whose possession, port and transport on board a ship is prohibited by law, the law of the Union or by virtue of an international maritime agreement in force to which France is a party, due to the risks to safety.
"These safety measures are brought, by any means, to the knowledge of the users by the operators of the harbour facilities and shipowners.
"For the inspection of persons, baggage, goods and vehicles within the port limits intended to prohibit the introduction of the objects and products mentioned in the 2° of this article, the port authority and the port operator may use visual inspections as well as the use of detection equipment. The port facility's security plan includes the conditions of employment:
« 1° Fixed and portable metal mass detectors;
« 2° Radioscopic imaging equipment for baggage, goods or vehicles;
« 3° Automatic explosive detection equipment or trace detectors of explosives or radioactive or nuclear material;
« 4° Any other detection process, including cynotechnic teams.


"Art. R. 5332-18-2.-The security officer of the harbour facility shall be attached to the representative of the shipowner of a ship arriving at a stopover and shall present to him the security measures in force. Where specific measures are required or the vessel and the facility are subject to different levels of safety, these measures are included in a security declaration or, in the case of regular lines or usual stopovers, in a permanent convention. » ;


19° Section R. 5332-19 is supplemented by the following provisions:
"Inside this area, the Prefect determines security port limits including the portions of the port subject to security measures at least one of the safety levels provided by Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004. These limits are determined from the proposals established by the port authority in view of the results of the port security assessment. They necessarily include port facilities. » ;
20° Section R. 5332-20 is amended as follows:
(a) In the first paragraph, the words: "the measures to ensure the safety of land grabs in the port security zone" are replaced by the words: ", in respect of the security of land grabs and of the part of the water plan included within the port security limits, the measures of its jurisdiction described in its security plan";
(b) At the beginning of the last paragraph, the words "Regarding land grabs," and the words: "These facilities" are replaced by the words: "Port facilities. » ;
21° Section R. 5332-21 is replaced by the following provisions:


"Art. R. 5332-21.-For each port comprising at least one port facility subject to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004, the representative of the State in the department shall conduct an assessment of the port security, if any with the assistance of an authorized security agency.
"The maritime part of this assessment is established by the marine prefect or by the government delegate for the action of the state at sea.
"The assessment of the port security right takes into account the provisions of the national security directive established pursuant to sections R. 1332-16 to R. 1332-18 of the defence code relating to the safety of activities of vital importance.
"The assessment of the port security is approved, for a maximum of five years, by joint decree of the representative of the State in the department and of the marine prefect or of the delegate of the Government for the action of the State at sea, after notice of the local port security committee. It is revised whenever the circumstances warrant and, in all cases, before the due date. These revisions are approved on the same basis as the initial assessment.
"The Port Security Assessment Editor prepares a report on how the evaluation was conducted, recalling the vulnerabilities identified and detailing the measures to address them.
"The contents of the safety assessment and its terms and conditions of implementation are determined by an order of the Minister for Transport. » ;


22° After the article R. 5332-21, an article R. 5332-21-1 is inserted as follows:


"Art. R. 5332-21-1.-The port security limits are fixed in view of the result of the evaluation of the port security right. Safety measures to prevent threats identified on the basis of the relevant assumptions of the National Security Directive are also established taking into account the outcome of this assessment.
"It defines the measures to be taken for low-trafficking ports and, where applicable, for those in which an activity falls under Article 3(3) of Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004. » ;


23° Articles R. 5332-22 and R. 5332-23 are replaced by the following:


"Art. R. 5332-22.-At the end of the first assessment of the security of a newly created port, the port authority shall establish the security plan that is applicable to it, within a period of less than six months fixed by the representative of the State in the department. In the event of a renewal of the security assessment and each of its timelines, the port authority conducts at the same time the revision of the security plan.
"For ports consisting of a single port facility subject to Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 and for which the harbour security assessment has concluded to the coincidence of the harbour security limits and the scope of the installation, the security plan of the port facility defined in Article R. 5332-29 including provisions relating to the security of the interested part of the port plan shall hold.
"The elements of the plan relating to water plans located within the security harbour limits 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 the field of security to prevent the threats identified by the evaluation of the port security and takes over the requirements. The port security plan covers all port security limits taking into account the security measures specific to the harbour facilities in which it ensures coordination.
"If the port security limits contain a vital area of importance within the meaning of Article R. 1332-35 of the code of defence, the plan may take place, in whole or in part, of a particular plan of protection of area provided for in Article R. 1332-38 of that code, by decision of the representative of the State in the department. If the port contains at least one point of vital importance, within the meaning of article R. 1332-4 of the same code, located outside a port facility, the plan may take place, in whole or in part, of a particular plan of protection provided for in article R. 1332-34, by decision of the representative of the State in the department. In both cases, the provisions of the last paragraph of Article R. 1332-24 of the Defence Code do not impede the communication to the port personnel of the part of the port security plan containing the operational information and instructions that are useful to it.
"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 his advertising.
"The port security plan is approved for a period that cannot exceed the expiry date of the port security assessment. 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.
"The port security plan is amended or completed in any change that has security consequences or after an audit. The port authority examines the consequences of the approval of a new security plan for a port facility or its substantial amendment to its original provisions and the implications of non-conformities identified after a national security audit.
"The draft amendments or supplements are brought to the attention of the representative of the State in the department which approves the modified plan. Where the significance of the amendments or supplements warrants it, the modified plan is approved in the same manner as the original plan. If, after a non-implementation, an amendment requested by the representative of the State in the department is not included in the plan, it may withdraw the approval of the plan.
"An order by the Minister for Transport defines the drafting and revision of port security plans.


"Art. R. 5332-23.-The port authority is responsible for the implementation of the security plan, subject to the obligations of the State.
"The representative of the State in the department controls the implementation of the provisions contained in the plan. Military officers of the gendarmerie and officials and agents of the services involved in the safety of marine transport and port operations in the form of non-conformities found. When informed of a major failure to comply, the representative of the State in the department may, without prejudice to the sanctions provided for in article R. 5336-2, impose corrective measures at the expense of the State. In the absence of a plan or in the event of insufficient security measures at a ship's reception post not included in a port facility, the port authority shall, as a precautionary measure, establish a security declaration as provided for by the international code for the safety of ships and harbour facilities adopted by the International Maritime Organization on December 12, 2002, with any ship subject to that code making port of call.
"The Minister for Transport or the representative of the State in the department may conduct an audit to verify compliance with the current regulatory plan and the proper implementation of the safety assessment findings. This audit may be entrusted to an authorized security agency. The port authority authorizes those responsible for the audit to access all equipment relevant to the security of the port as well as the documents relating to the port. At the end of the audit, it submits to the approval of the representative of the State in the department a plan with the necessary corrective actions. » ;


24° In article R. 5332-24, the words: " Ministers of Interior, Defence and Ministers of Finance and Transport. are replaced by the words: " Ministers of Interior, Defence and Ministers of Customs and Transport. » ;
25° In R. 5332-25, the words: "If the security port area contains an area of vital importance, this officer shall exercise the functions of delegate for the defence and security of that area by derogation from the provisions of Article R. 1332-37 of the Defence Code. » are replaced by the words: "If the security harbour limits contain a vital area, this officer shall exercise the functions of delegate for the defence and security of that area by derogation from provisions of Article R. 1332-37 of the Defence Code. If they contain a point of vital importance not included in a port facility, this agent shall exercise the functions of delegate for the defence and security provided for in section R. 1332-6 of the same code. » ;
26° At the first sentence of Article R. 5332-26, the words: "inside the security port area" are deleted;
27° In R. 5332-27, the words: "in section 4 on restricted areas. are replaced by the words: "in sections 4.5 and 6 relating to the categories of harbour facilities. » ;
28° Section R. 5332-28 is amended as follows:
(a) In the first sentence, the words: "by the services of the State or by an authorized security agency" are replaced by the words: "by the representative of the State in the department, if any with the assistance of an authorized security agency,";
(b) In the second sentence, the word "She" is replaced by the word "Assessment" and the words "and the local port security committee. are replaced by the words: "for a maximum of five years. » ;
(c) In the third sentence, the words "of two" are replaced by the words "of one";
(d) The article is supplemented by the following paragraphs:
"The assessment of the security of the port facility takes into account the provisions of the national security directive established pursuant to sections R. 1332-16 to R. 1332-18 of the defence code relating to the safety of activities of vital importance.
"It is revised if its conditions of validity change and, in any case, before reaching its due date. These revisions are subject to approval under the same conditions as the initial assessment.
"When creating a new port facility, the first security assessment must be approved within a maximum of six months.
"The Editor of a Port Facility Security Assessment prepares a report on how the evaluation was conducted, recalling the vulnerabilities identified and detailing the measures to remedy it. » ;


29° After the article R. 5332-28, an article R. 5332-28-1 is inserted as follows:


"Art. R. 5332-28-1.-The security assessment of a port facility identifies, on the basis of the relevant assumptions of the national security directive, the threats identified and determines the measures to prevent them.
"According to the risks, traffic and configuration of the facility, the assessment classifies this facility in one of the categories to which the safety devices provided for in Sections 4.5 or 6 of this chapter correspond, as long as it is necessary to create a restricted access area or to protect a facility that presents or not high risks. It may also conclude that the terminal or wharf evaluated is not required to be classified as a port facility subject to Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 or, where applicable, to be declassified. In this case, it defines the security measures adapted to the site concerned, which are integrated into the port security plan if the site is within the security harbour limits.
"The assessment defines measures adapted to low-trafficking terminals and sites whose activity falls under paragraph 3 of Article 3 of the above-mentioned Regulation, in accordance with the requirements of the national security risk assessment conducted by the competent maritime safety authority. » ;


30° Section R. 5332-29 is replaced by the following provisions:


"Art. R. 5332-29.-At the end of the first assessment of the security of a port facility, the operator shall establish the security plan that is applicable to it, within a maximum period of six months fixed by the representative of the State in the department. In the event of a renewal of the security assessment of a port facility, and at each of its deadlines, the operator shall, at the same time, conduct the review of the security plan for that facility. An order of the Minister for Transport defines the drafting and revision of the security plans of the port facilities.
"The port facility security plan determines, for each of the safety levels provided for in Regulation (EC) No 725/2004 of 31 March 2004 of the European Parliament and of 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 the field of safety to prevent the threats identified by the security assessment of the port facility and takes over the requirements. It takes into account the requirements of the representative of the State in the department provided for in article R. 5332-36 if the facility has a restricted access area.
"If the port facility is described as a vital point within the meaning of Article R. 1332-4 of the Defence Code, its security plan may, by a decision of the representative of the State in the department, take place as a special plan of protection within the meaning of Article R. 1332-34 of the Defence Code. In this case, the rule of protection of the secrecy of the national defence provided for in the last paragraph of Article R. 1332-24 of this code does not constitute an obstacle to the communication to the personnel of the port facility of the part of the security plan of the harbour facility useful to that personnel.
"The security plan is approved, after notice of the harbour authority, by an order of the representative of the State in the department that determines the restrictions made to his advertising. The requested notice is deemed favourable if it is not expressed within one month of its referral by the State representative in the department.
"The validity of the port facility security plan cannot exceed the expiry date of the security assessment. This plan may be amended during its validity period 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.
"The security plan for a port facility is modified or completed in any change that has security consequences or after an audit. The draft amendments or supplements are brought to the attention of the representative of the State in the department that makes them retake directly into the security plan of the facility, with the exception of major modifications or supplements for which it prescribes the monitoring of the same approval procedures as for the initial plan. If, after a non-implementation, an amendment requested by the representative of the State in the department is not included in the plan, it may withdraw the approval of the plan.
"An order by the Minister for Transport defines the drafting and revision of the security plans of the port facilities. » ;


31° Section R. 5332-30 is replaced by the following provisions:


"Art. R. 5332-30.-The facility operator is responsible for the implementation of the facility safety plan.
"The Minister responsible for transport or the representative of the State in the department may verify at any time the compliance of the security plan of the port facility with the regulations in force and the effective application of the measures it contains and the degree of security actually insured in the facility, by means of an audit, possibly inoperated, 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. At the end of the audit, the operator submits to the approval of the representative of the State in the department a plan with the necessary corrective actions.
"The representative of the State in the department controls the implementation of the provisions contained in the plan. Constables, officials and agents of the services involved in the safety of marine transport and port operations the inform of the non-compliances found. When informed of a major breach of compliance by the state services or after an audit, the representative of the State in the department may, after a non-implementation, take sanctions against the operator of the port facility or impose corrective measures at the expense of the port facility, or suspend the authorization of operation.
"In the absence of a valid security plan or if it presents deficiencies, the operation is covered by the establishment of security declarations as provided for in the International Code for the Safety of Ships and Port Facilities (ISPS code) adopted by the International Maritime Organization on December 12, 2002 between the operator and any vessel subject to the above-mentioned code calling it. » ;


32° In section R. 5332-31, the words "by an order of the Minister for Transport" are replaced by the words "by the order set out in section R. 5332-24";
33° Section R. 5332-32 is amended as follows:
(a) In the first sentence, after the word "means", the words are inserted: "to the extent possible" and, after the words: "security officer", are inserted the words: "of the harbour facility";
(b) After the first paragraph are inserted the following provisions: "The security officer of the port facility shall arrange with the security officer of the port for the purpose of ensuring the consistency of the security measures of the port facility with the general organization of the security of the port. » ;
34° Section R. 5332-34 is amended as follows:
(a) In the first paragraph, the words: ", after notice of the operator of the harbour facility and the harbour authority" are deleted;
(b) The first paragraph is supplemented by the following sentence: "For this purpose, the representative of the State in the department collects the opinion:
« 1° From the operator of the facility and the port authority, this notice being deemed favourable if it is not rendered within one month of the referral made by the representative of the State in the department;
« 2° Services of the territorially competent State which contribute to the port security and, if applicable, of the local port security committee. » ;
The last paragraph shall be deleted and replaced by the following:
(c) "A restricted access area is created in any port facility dedicated to the reception of passenger vessels that also ship cruise vehicles and ships for line-head ports of call. For other port facilities to sensitive traffic, including those that host other types of passenger vessels, container ships, oil tankers, chemistry, gas or transporting dangerous goods, the provisions of section 5 apply when a restricted access area is not created.
A restricted access area is created on a permanent or temporary basis and can be activated on a permanent or temporary basis.
The operator who considers it impossible to meet one of the requirements related to the creation of a restricted access zone presents a file to the representative of the State in the department, which sets out alternative security measures. These measures are re-conductable if necessary after a review of which the representative of the State in the department defines periodicity. » ;
35° Article R. 5332-35 is amended as follows:
(a) In the first sentence, the words: "in the security port area" are replaced by the words: "in the security port limits";
(b) In the second sentence, after the words: "this section", the words are inserted: ", whose implementation can be delegated";
36° Section R. 5332-36 is amended as follows:
(a) In the first paragraph, the words: "fixed by order" are replaced by the words: "stop" and, after the words: "parking people", are inserted the words: "of their baggage,"
(b) The second and third paragraphs are replaced by the following:
"It sets out by order the control rates applicable to each category of personnel with access to the restricted area. » ;
37° Section R. 5332-37 is replaced by the following provisions:


"Art. R. 5332-37.-The operator of the port facility shall establish a device to allow access in the restricted access area only to authorized persons, vehicles and goods. When the restricted access area is continuously activated, it sets up and maintains a fence. When the restricted access area is temporarily activated, the fence is fixed or mobile, according to the safety assessment findings. The operator materializes the boundaries of a temporary restricted access area to make it identifiable. For each of these areas, it shall take the monitoring measures that correspond to the level of security established under Regulation (EC) No. 725/2004 of 31 March 2004 of the European Parliament and the Council of 31 March 2004. » ;


38° Section R. 5332-38 is replaced by the following provisions:


"Art. R. 5332-38. -The movement of persons in a restricted access area is subject to the detention of an identity document and one of the traffic titles provided for in this subsection.
"The movement of a vehicle in a restricted access zone is subject to the detention of a laissez-passer, placed in an apparent manner at the front of the vehicle. The serigraphed vehicles used by national police officers, gendarmerie officers and customs officers are not subject to this obligation.
"The movement of parcels and goods in a restricted access area is conditional on the detention of access or transit evidence. » ;


39° Article R. 5332-39 is amended as follows:
(a) In the first sentence, the words: "The authorization referred to in Article R. 5332-37 is" are replaced by the words: "The establishment of a permanent traffic title is subject to the issuance of an authorization,"
(b) In the second sentence, the word: "She" is replaced by the words: "Enhabilitation";
(c) The third sentence is deleted and replaced by the following: "It is transmitted by the operator of the facility to which the employer requested an access title. » ;
(d) It is added a paragraph to read:
"Police officers, gendarmerie officers, customs officers and other state officials are deemed to have the authorization. » ;
40° Section R. 5332-40 is amended as follows:
(a) In the first paragraph, the words: "at 1°, at 2° and exceptionally at 7° of Article R. 5332-37" are replaced by the words: "in the cases provided by the ministerial decree taken under Article R. 5332-36" and the word "seriously" is deleted;
(b) In the third paragraph, the words: "specified at 1° and 2° and, if applicable, those referred to in 7° of Article R. 5332-37" are replaced by the words: "receiving a permanent traffic title";
(c) In the last paragraph, after the word "carriage", the words "of a person or a vehicle pass" are inserted;
41° Section R. 5332-41 is amended as follows:
(a) In the first sentence, the words: "specified in 3° and 4° and, if applicable, to those mentioned in 7° of Article R. 5332-37" are replaced by the words: "as provided by the ministerial decree taken under Article R. 5332-36" and the words "in particular" are deleted;
(b) It is added a sentence as follows: "The operator of the harbour facility may also issue a temporary traffic permit to persons who have applied for a permanent traffic permit for a renewable month. » ;
42° Article R. 5332-43 is amended as follows:
(a) In the first sentence, after the words: "carriage titles" are inserted the words: "and passes";
(b) The last sentence is deleted;
43° Subsection 3 is repealed.
44° Sub-Section 4 becomes Sub-Section 3, entitled: "Introduction of objects in restricted access areas.-Safety and Filter Inspection";
45° Section R. 5332-45 is replaced by the following provisions:


"Art. R. 5332-45.-The security visits referred to in Article L. 5332-6 include:
« 1° Dock, site and local visits and inspections located in the restricted area;
« 2° Controls of persons, vehicles, baggage and goods to access the restricted access area, which constitute inspection-filtering operations;
« 3° Controls of persons, vehicles, baggage and goods within the restricted access area. » ;


46° Article R. 5332-46 is amended as follows:
(a) At the beginning of the first paragraph, the words are inserted: "In order to prevent the introduction of prohibited objects and products referred to in section R. 5332-18-1 at each level of safety," and the words: "to the security visit" are replaced by the words: "to the inspection-filtering operations";
(b) After the first sentence, the following sentence is added: "The modalities of these controls are fixed by a joint order of Ministers of Interior and Defence and Ministers of Transport and Customs. » ;
(c) In the second paragraph, the words: "to the security visit" are replaced by the words: "to the inspection-filtering operations";
(d) The last paragraph is replaced by the following:
"The installation operators and shipowners may derogate from the measures provided by their respective safety plans by means of an agreement on the distribution of security tasks. This agreement shall be in the form of an agreement annexed to the security plan of the facility if the facility receives the vessel on a regular or usual basis, or a security declaration in the case of occasional stopovers. » ;
47° In the second paragraph of section R. 5332-47, the words: "The shipowner forbids the vessel's access" are replaced by the words: "The shipmaster forbids access on board";
48° Section R. 5332-48 is amended as follows:
(a) In the second sentence, the words "harbor" are replaced by the words "harbor or by" and the words "or the service provider" are deleted;
(b) In the second paragraph, the words "under the same folder" are deleted;
49° In article R. 5332-49, the reference to 1° of article R. 5332-37 is replaced by the reference to article R. 5332-40;
50° In R. 5332-50, the word "illegal" is replaced by the word "prohibited";
51° Section 5 is amended to read:
(a) Its title becomes: "Security measures applicable in high-risk port facilities that do not include restricted access areas";
(b) Section R. 5332-51 is replaced by the following provisions:


"Art. R. 5332-51.-Where the assessment of the security of the port facility does not conclude that a restricted access area is required, but that the nature of the traffic warrants that specific controls are carried out, the operator shall establish a device to prohibit the access of any unauthorized person and to prevent the introduction of the items referred to in R. 5332-18-1.
"The port facility's security plan details the device selected and the measures taken by the operator, which include at least, from the level of safety 1:
« 1° Maintaining a fence around the installation;
« 2° Information by displaying traffic restrictions and banning the introduction of firearms, explosives and incendiary products;
« 3° Continuous monitoring of the port facility and systematic control of its access;
« 4° Random visual inspection of vehicle interiors, safes, bags or baggage of persons, and containers for goods, as well as an external visual inspection of containers placed under customs seals.
"For safety levels 2 and 3, the plan describes, respectively, the additional and special measures implemented by the operator, particularly with regard to the controls of vehicles, bags and goods transported.
"According to the evaluation findings, the representative of the State may condition the issuance of a permanent access title to the results of an administrative investigation.
"The Access Control Officers shall, with the consent of the persons concerned, carry out visual inspections of the bags, packages, safes and vehicle compartments. They may prohibit access to the facility to persons who refuse to submit to these inspections.
"In the event of non-compliance with safety measures, the operator seeks the intervention of the public force. » ;


52° After section R. 5332-51, a section 6 is created entitled: "Security measures applicable in port facilities with moderate or low issues or risks" and includes an article as follows:


"Art. R. 5332-52.-For port facilities presenting, at the end of the safety assessment, a low risk, the safety plan of the facility details the device selected and the measures taken by the operator, which must include:
« 1° Information by displaying traffic restrictions and banning the introduction of firearms, explosives and incendiary products;
« 2° Staff awareness of safety risk detection;
« 3° Monitoring of the activity of the persons present on the site and, with their consent, the visual inspection of their vehicles.
"At safety level 1, the operator may also set up a device to prevent persons outside the facility from entering the facility and detect the presence of prohibited items. Unless otherwise justified by the security assessment, if its access is not controlled, the port facility is closed from the level of security 2. » ;


53° After the article R. 5332-52, it is created a section 7 titled "Security of the harbour water plans and their maritime approaches", as follows:
“(a) It is inserted a sub-section 1 entitled "General Provisions";
“(b) It is inserted an article as follows:


"Art. R. 5332-53.-The representative of the State in the department, assisted by the authority vested in the power of the harbour police and in consultation with the port authority, fixes the measures of monitoring of the water plans included in the harbour limits of security defined in article R. 5332-19, in view of the monitoring device implemented by the harbour authority and described in the plan of port security.
"The harbour security plan identifies the nautical means of the state services whose water-planning competition can be sought alongside the means of the harbour services, as well as the terms of alert and intervention of all these means. It describes the warning procedures in the event of a threat to the entire port or to a group of port facilities.
"The plan may set specific rules for the movement of vessels in water. » ;


"(c) It is inserted a sub-section 2 entitled "Special provisions for ports with dedicated units of the marine gendarmerie";
"(d) It is inserted an article as follows:


"Art. R. 5332-54.-When a port is, in accordance with the national security directive, equipped with a dedicated unit of the marine gendarmerie with nautical means, the use of these means for monitoring and interventions on the harbour water plans and approaches to the port is the subject of a protocol concluded between the representative of the State in the department and the representative of the State at sea.
"The port security plan mentions the port water security missions assigned to the marine gendarmerie unit pursuant to this protocol and specifies the mutual information and alert procedures between that unit and the port.
"The authority vested in the Port Police Authority shall immediately inform these units of any incident relating to the safety of these spaces and the vessels therein. "

Article 2 Learn more about this article...


Chapter VI of Book III, Part III, Part 5, of the Transport Code (regulatory part) is amended to read:
1° Section R. 5336-1 is replaced by the following provisions:


"Art. R. 5336-1.-In the event of a breach of the provisions of articles R. 5332-25, R. 5332-32, R. 5332-36, R. 5332-38, R. 5332-40, R. 5332-42, R. 5332-46 to R. 5332-49, R. 5332-51 to R. 5332-53 and of the texts taken for their application, the representative of the nature may
“(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. » ;


2° Section R. 5336-2 is replaced by the following provisions:


"Art. R. 5336-2.-In the event of a breach of the provisions of articles R. 5332-16, R. 5332-17, R. 5332-18-1, R. 5332-20 to R. 5332-32, R. 5332-36 to R. 5332-38, R. 5332-40 to R. 5332-42, R. 5332-46 to R. 5332-53 and of the instruments taken for their application » ;


3° Section R. 5336-7 is replaced by the following provisions:


"Art. R. 5336-7.-East punished with the fine provided for the contravention of the fifth class:
"1°-Introduce in a port facility or on board a ship the prohibited objects or products referred to in a, b and c of 2° of Article R. 5332-18-1 or not comply with the specific requirements applicable to such objects or goods in that facility or on board taken by the authority referred to in the first paragraph of Article R. 5332-18-1;
« 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 the visits provided for in sections R. 5332-23 and R. 5332-30;
« 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.
"Recidivism of contraventions under this section shall be punished in accordance with the sections 132-11 and 132-15 Criminal code. »

Article 3 Learn more about this article...


Book VII of Part 5 (regulation) of the Transport Code is amended to read:
1° In chapter III of title VI, two articles are inserted:


"Art. R. 5763-1.-The provisions of Chapter II and Chapter VI of Title III of Book III are applicable in New Caledonia in their writing resulting from Decree No. 2015-1756 of 24 December 2015 relating to the safety of marine ports subject to the modifications provided for in Article R. 5763-2.


"Art. R. 5763-2.-For the purposes of the provisions referred to in R. 5763-1:
« 1° References to the prefect of department and the representative of the State in the department are replaced by the reference to the High Commissioner of the Republic in New Caledonia;
« 2° The reference to the department is replaced by the reference to New Caledonia;
« 3° The reference 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 harbour facilities is replaced by the reference to the rules in force in metropolis under Regulation (EC) No. 725-2004 of the European Parliament and the Council of 31 March 2004 on the improvement of the safety of ships and harbour installations;
« 4° The reference to Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of security in ports is replaced by the reference to the rules in force in metropolis under Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of safety in ports;


« 5° Article R. 5332-4 is as follows:


"Art. R. 5332-4.-For all ports mentioned in article R. 5332-18, the High Commissioner of the Republic in New Caledonia creates a local port security committee which he chairs and which he sets the composition by order.
"The deliberations of the local port security committee and the information that its members are aware of during their work are secret. The opinions made by this committee are public. » ;


2° In chapter III of title VII, two articles are inserted:


"Art. R. 5773-1.-The provisions of Chapter II and Chapter VI of Title III of Book III are applicable in French Polynesia in their drafting resulting from Decree No. 2015-1756 of 24 December 2015 on the safety of marine ports subject to the modifications provided for in Article R. 5773-2. »


"Art. R. 5773-2.-For the purposes of the provisions referred to in R. 5773-1:
« 1° The references to the department prefect and the representative of the State in the department are replaced by the reference to the high commissioner of the Republic in French Polynesia;
« 2° The reference to the department is replaced by the reference to French Polynesia;
« 3° The reference 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 harbour facilities is replaced by the reference to the rules in force in metropolis under Regulation (EC) No. 725-2004 of the European Parliament and the Council of 31 March 2004 on the improvement of the safety of ships and harbour installations;
« 4° The reference to Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of security in ports is replaced by the reference to the rules in force in metropolis under Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of safety in ports;


« 5° Article R. 5332-4 is as follows:


"Art. R. 5332-4.-For all ports mentioned in article R. 5332-18, the High Commissioner of the Republic in French Polynesia creates a local port security committee which he chairs and which he sets the composition by decree.
"The deliberations of the local port security committee and the information that its members are aware of during their work are secret. The opinions made by this committee are public. » ;


3° Chapter III of title VIII is amended as follows:
(a) Article D. 5783-1 becomes Article D. 5783-3;
(b) Two articles are inserted:


"Art. R. 5783-1.-The provisions of Chapter II and Chapter VI of Title III of Book III are applicable in the Wallis and Futuna Islands in their drafting resulting from Decree No. 2015-1756 of 24 December 2015 on the safety of marine ports subject to the modifications provided for in Article R. 5783-2. »


"Art. R. 5783-2.-For the purposes of the provisions referred to in R. 5783-1:
« 1° References to the department prefect and the state representative in the department are replaced by the reference to the senior administrator of the Wallis and Futuna Islands;
« 2° The reference to the department is replaced by the reference to the Wallis and Futuna Islands;
« 3° The reference 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 harbour facilities is replaced by the reference to the rules in force in metropolis under Regulation (EC) No. 725-2004 of the European Parliament and the Council of 31 March 2004 on the improvement of the safety of ships and harbour installations;
« 4° The reference to Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of security in ports is replaced by the reference to the rules in force in metropolis under Directive 2005/65/EC of the European Parliament and the Council of 26 October 2005 on the improvement of safety in ports;


« 5° Article R. 5332-4 is as follows:


"Art. R. 5332-4.-For all ports mentioned in article R. 5332-18, the senior administrator of the Wallis and Futuna Islands creates a local port security committee which he chairs and which he sets the composition by order.
"The deliberations of the local port security committee and the information that its members are aware of during their work are secret. The opinions made by this committee are public. »

Article 4 Learn more about this article...


The representative of the State in the department, or in the overseas and New Caledonia communities, may prescribe compliance with the provisions of this decree of the ports, port facilities and places of call of the ships that were not yet subject to the Transport codewithin one year renewable once the publication of this Order is published.

Article 5 Learn more about this article...


The Minister of Ecology, Sustainable Development and Energy, the Minister of Justice, the Minister of Finance and Public Accounts, the Minister of Defence, the Minister of the Interior, the Minister of the Overseas and the Secretary of State for Transport, the Sea and Fisheries are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on December 24, 2015.


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 the Interior,

Bernard Cazeneuve


Minister of Overseas,

George Pau-Langevin


State Secretary for Transport, the Sea and Fisheries,

Alain Vidalies


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