Key Benefits:
The President of the Republic,
On the report of the Prime Minister, the Minister of Defence and the Minister for Equipment, Transport, Housing, Tourism and Sea,
Given the United Nations Convention on the Law of the Sea, signed at Montego Bay on 10 December 1982;
In view of Act No. 68-1181 of 30 December 1968 on the exploration of the continental shelf and the exploitation of its resources
No. 71-1060 of 24 December 1971 on the delimitation of French territorial waters;
In view of Act No. 76-655 of 16 July 1976 on the economic zone and the zone of protection Ecological off the coast of the territory of the Republic, as amended by Act No. 86-826 of 11 July 1986 and Act No. 2003-346 of 15 April 2003;
Due to Act No. 86-2 of 3 January 1986 on development, protection and development The coastline, as amended by Act No. 99-533 of 25 June 1999 and Order No. 2000-914 of 18 September 2000;
In the light of Act No. 87-565 of 22 July 1987 on the organisation of civil safety, the protection of the forest and the Prevention of major risks;
In view of Act No. 94-589 of 15 July 1994 as amended on the modalities of the exercise by the State of its powers of control at sea;
In view of Decree No. 74-968 of 22 November 1974 establishing the organisation of the Command of maritime zones;
Given Decree No. 91-671 of 14 July 1991 on the general organisation of the national navy, as amended by Decree No. 2000-579 of 21 June 2000 and Decree No. 2003-991 of 16 October 2003;
In view of Decree No. 95-1232 of 22 November 1995 on the Interdepartmental Committee on the Sea and the General Secretariat of the Sea, as amended by Decree No. 96-1022 of 22 November 1996;
Having regard to Decree No. 2000-558 of 21 June 2000 establishing the military organization Territorial;
The Conseil d' Etat (section of public works) heard;
The Council of Ministers heard,
Describes:
The state representative at sea is the maritime prefect. A representative of the Government, he is the direct representative of the Prime Minister and each of the members of the Government. Its authority is exercised from the low water mark, except in the ports within their administrative boundaries and in estuaries below the crosscutting limits of the sea.
The maritime prefect ensures the enforcement of laws, Government regulations and decisions. Invested by the power of the general police, it has authority in all areas where the action of the State at sea is exercised, in particular as regards the defence of sovereign rights and the interests of the nation, the maintenance of public order, the safeguarding of the Persons and property, protection of the environment and coordination of the fight against illegal activities.
The maritime prefect animates and coordinates the action at sea of the administrations and the implementation of their means, without impeding the exercise by the administrative, civil and military authorities, and the Judicial authorities of the powers granted to them by other laws or regulations.
order to fulfil the permanent missions of general interest of which he is responsible, the maritime prefect shall take all necessary initiatives and measures. It shall benefit from the assistance of the services and administrations of the State which make available the means and information of maritime interest available to them. It may provide guidance to the heads of such services who report to them on their execution.
Administrations shall, if necessary, keep the maritime prefect informed of the management and implementation of their means within the framework of their
An order of the Prime Minister draws up a list of the state's maritime tasks.
Prefects and public institutions of the State shall inform the maritime prefect of cases and decisions likely to have consequences at sea.
A maritime conference under the chairmanship of the maritime prefect assists the maritime conference in the exercise of its coordination and information activities. It is made up of heads of government departments with responsibilities at sea and on the coast. As a function of the agenda, the Maritime Conference is attended by the prefects of defence, region and department. The representatives of the local authorities may be invited.
An order of the Prime Minister shall lay down the conditions for the application of this Article.
The maritime prefect is a general marine officer.
The maritime prefect of the Channel and the North Sea is the commander of the maritime zone Manche-mer du Nord. The headquarters of the maritime prefecture is in Cherbourg.
The Maritime Prefect of the Atlantic is the Commander of the Maritime Zone Atlantic. The headquarters of the maritime prefecture is in Brest.
The maritime prefect of the Mediterranean is the commander of the Mediterranean maritime zone. The headquarters of the maritime prefecture is in Toulon.
In the event of absence or incapacity, the alternate of the maritime prefect shall be exercised by the naval officer who shall provide the alternate command of the maritime zone.
The maritime prefect is assisted in the exercise of his duties by an assistant for the action of the State at sea and by civil and military officials and officials appointed by the administrations which Participate in the action of the State at sea.
It may, by order, delegate its signature to its assistant. It may also delegate it to the officials referred to in the first paragraph of this Article and to the heads of the civil authorities of the State, the regions and the coastal departments of its area of competence with regard to the Duties, as well as naval commanders.
This decree is not applicable in the overseas departments and in Saint-Pierre-et-Miquelon.
I. -Decree No. 72-302 of 19 April 1972 on the coordination of actions in the sea of the administrations of the State and Decree n ° 78-272 of 9 March 1978 relating to the organisation of the actions of The state at sea is repealed.
II. -Any reference to the above-mentioned Decree of 9 March 1978 in a regulation shall be replaced by a reference to this Decree.
The Prime Minister, the Minister of the Interior, Internal Security and Local Freedoms, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister of Ecology and Sustainable Development, the Minister for the Public Service, State Reform and Spatial Planning and the Secretary of State for Transport and The application of this Decree, which shall be published in the Official Journal of the French Republic, shall be responsible for the application of this Decree.
Done at Paris, February 6, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of the Interior,
of internal security
and local freedoms,
Nicolas Sarkozy
The Minister of Defence,
Michèle Alliot-Marie
The Minister of Economics,
Finance and Industry,
Francis Mer
The Minister of Equipment, Transport,
Housing, Tourism and the Sea,
Gilles de Robien
Minister of Ecology
and Sustainable Development,
Roselyne Bachelot-Narquin
The Public Service Minister,
of
and Spatial Planning,
Jean-Paul Delevoye
The Secretary State to
transports and to the sea,
Dominique Bussereau
