L O I Act No. 2010-09 of April 23, 2010 Act No. 2010-09 of April 23, 2010 the police of seaports.
EXPLANATORY statement the establishment of a secure legal framework renovated for the maritime ports of Senegal is a major concern of the public authorities.
Act No. 65-32 on 19 May 1965 on seaports police, allowing effective management by seaports police, until recently became inadequate for the international security context that imposes stringent safety standards and the strengthening of the powers of enforcement officers.
Therefore, the repeal of the aforementioned Act and the adoption of new rules are required in order to support the requirements to new international standards of safety and security such as the international Code on the safety of ships and port facilities more known as English ISPS Code and the strengthening of the effectiveness of the action of the seaports police officers.
This Bill includes significant innovations: the determination of its scope;
The deletion of the definition of the concept of master of vessel; It is already defined by the Code of the Merchant Marine;
The transmission by the Port Commander of minutes of finding of violations of the Attorney of the Republic;
The extension to commanding officers, Assistant officers and masters of port of the provisions of the penal Code applicable to the judicial police officers for acts of resistance or contempt;
The consecration of the formality of swearing by officers of the police of the seaports to the President of the regional court;
The Suppression of new forms of pollution and damage to port facilities and the increase in the amounts of the fines fixed to strengthen their deterrent.
The penalties provided for in this Act to qualify crimes offences committed in ports, due to their worsening justified by the concern to now apply dissuasive sanctions.
Such is the economy of the present Bill.
The National Assembly adopted in its session of Wednesday, March 10, 2010;
The Senate has adopted in its session of Wednesday, April 14, 2010;
The President of the Republic enacts the law whose content follows: title first. -GENERAL PROVISIONS.
First article. -Field of application.
The provisions of this Act shall apply within the territorial limits of the maritime ports excluding military ports.
Section 2. -Protection of the waters of ports and harbours.
Nobody would impair the good state of ports and harbours in both their depth and cleanliness in their facilities.
It is especially forbidden from: has) throw rubble, garbage and other materials in the waters of ports and their dependencies or pour in unsanitary liquids;
(b) make deposits rubble or refuse of any kind whatsoever on the docks, platforms and in the hangars of the ports;
c) proceed to ballasting or de-ballasting operations in places and containers other than those provided for this purpose.
Article 3. -Protection of the signalling installations.
1. is forbidden to moor a ship or craft any on a floating fire, tag, or a buoy which is not intended for this purpose.
2. it is prohibited to anchor in the swinging of a floating fire circle, a buoy or a prohibited anchorage area.
3. prohibitions do not apply to the case where the ships would be in danger of perdition duly observed.
Article 4. -Compliance with the orders of the port police officers.
Within the boundaries of a seaport or inside its inlets and channels access, any captain of a merchant vessel, fishing or boating, a servitude or an inland navigation vessel, gear must comply with the orders given by the Assistant officers and masters of port taking during maneuvers that it carries out all necessary measures to prevent accidents.
Article 5 -Powers of port officers.
1. port officers are ranger and moor the vessels in the port, shall all, with regard to the police's docks, ports and harbours and give this effect all necessary orders;
2.ILS indicate the places where you can heat, repair, ballaster or deballast ships;
3.ILS may, in case of absolute necessity, cut the moorings that captains or other persons on board refuse to drop after two injunctions.
Section 6. -Requisition.
Within the limits of a seaport, mariners, sailors, fishermen, porters, workers, dock workers and other persons are required to comply with the requirements of the port officers, for the service to which they are able.
Section 7. -Conditions of entry and exit.
For each sea port special conditions for the entry, exit and residence supplementing the provisions of this Act are fixed by decrees on the regulation of exploitation e t police regulations.
In the case of a fall of port operating rules established by its Board of Directors is approved and promulgated by Decree.
Section 8. -Rise of flag in the port.
Any ship when it enters a port, stayed or exits, shall display the flag of his nation and its distinguishing marks.
In addition it must if it is foreign, show the Senegalese flag at the mizzen mast.
Article 9 -Damage to the signalling installations.
The captain of a vessel that, even in danger of perdition and as the result of an anchor, a collision or any other accidental cause, has sunk, moved or damaged a floating fire, a buoy or a tag, is required to report the fact by means the faster it has to comply with the instructions of the port authority.
Section 10. -Repair of damage to port facilities.
Repair of damage to port facilities is the responsibility of their authors.
However, the port authority, if it considers it necessary, may override the failing to ensure the performance of the obligations imposed on them. It does after notice or ex officio if there is emergency, at their own expense and without prejudice to the penalties for infringements of the provisions of this Act and the regulations of operation and police as well as rights of third parties.
Section 11. -Referral of the public Ministry.
Infringements observed by an enforcement officer under the control of a port authority, the harbour master is entitled to refer directly to the public prosecutor's Office of the locality.
Section 12. -Jurisdiction.
Infringements of the provisions of this Act or regulations of operation of various seaports are the jurisdiction of the territorially competent regional court.
For offences punishable under this Act to a term of imprisonment equal to or more than two years, the procedure laid down in article 63 of the Code of criminal procedure may be applied.
TITLE II. -AGENTS CHARGES police marine section 13 PORTS. -Officials authorized to draw up minutes of offence.
Breaches the provisions of this Act or those of the operating regulations of the seaports and the decisions taken for its application are recorded by minutes that are: a) the port officers, Assistant port officers and masters of port including safety of movements of ships, shipwrecks, unarmed, of goods safety plan, water conservation funds, works of berthing and markup, traffic on the plan of water and regulatory use of the port area;
(b) the engineers and sworn officers in service in seaports, especially conservation of works;
(c) drivers, especially conservation of markup and funds, and water safety;
d) judicial police officers;
e) those officials cleared customs and animal health;
(f) the officials authorized merchant;
(g) the officers commanding the buildings of the State, in markup).
Section 14. -Probative force of minutes.
The minutes prepared by the above agents are prima facie evidence to the contrary.
Section 15. -Oath.
Agents listed in section 13 of this Act must be sworn in.
Section 16. -Protection of the seaports police officers.
The officers referred to in article 13 of this Act peuvent, in cases where they would be abused, threatened or abused in the exercise of their functions, require the security forces to ensure their protection, to apprehend or expel the mis year issue.
TITLE III. -OF the port security section 17. -Zone and port facility security.
The areas and port facilities of security shall be determined by the maritime authority and include the port within its territorial limits and contiguous land areas affecting the safety of port operations as well as the facilities contained therein.
Section 18. -Prohibition or expulsion of the ship from the port area for safety reasons, the maritime authority may instruct the appointing authority of the police power port to prohibit or restrict the access and movements of ships, ship or floating in the harbour area of security.
For the same reasons, it may instruct the appointing authority of the port police to order the expulsion of the port area of safety of ships, boats or floating structures.
Section 19. -Implementation of the security measures.
Except in cases where special provisions warrant the implementation by the services of the State's measures to ensure the safety of port operations, these measures are applied, under the authority of the State, by port operators, shipping companies, port service providers or organisations in respect of article 22 of this Act.
The measures which shall be borne by each of the persons mentioned in the first paragraph of this section and the administrative authorities responsible for defining the technical and operational details are specified by operating rules.
Section 20. -Port security plan.
A port security plan is developed by the port authority.
For each of the port facilities on a list drawn up by the maritime authority, the person responsible for the installation is developing a security plan that must be compatible with the port security plan. After approval the maritime authority, these plans are binding on the persons listed in articles 13 and 19 of this Act.
Section 21. -Inspection and control of vessels, people and goods.
View to preventively ensuring the safety of port operations, agents listed in section 13 of this Act, with the exception of judicial police officers may carry out the business of ships.
However, this visit may not be carried out on the parts of the vessel exclusive residential tenancies, the trade union premises or affect persons, baggage, parcels and goods.
Customs officers may also proceed to the ship in accordance with the preceding paragraph without prejudice to the provisions of the Customs Code.
Controls officers can communicate all documents necessary for visits to which they proceed.
Section 22. -Assessment and security screening.
Evaluation and control of port security missions may be entrusted by the maritime authority to other bodies or persons authorized for that purpose.
TITLE IV. -OFFENCES AND PENALTIES.
Section 23. -Obstacle to the exercise of police powers.
Without prejudice to the provisions of the Penal Code, shall be punished by imprisonment of two to three months and a fine of 500,000 to 1,000,000 CFA francs or one of the two sentences only, anyone who opposed or tried to oppose the execution of the obligations laid down by this Act or the exercise of the powers entrusted to the agent mentioned in articles 13 and 21.
In case of recidivism, imprisonment is from 6 months to one year and a fine of 1,000,000 to 2,000,000 CFA francs and or one of the two penalties alone.
Section 24. -Damage to port facilities.
Without prejudice to the provisions of the Penal Code and article 10 of the Act, anyone who has intentionally destroyed or degraded a port work, a floating fire, a tag or a buoy, shall be punished by a fine of 100,000 to 2,000,000 francs CFA.
Section 25. -Hazardous products.
Without prejudice to the provisions of the Penal Code, anyone who has embedded or loaded on a ship arrival or departing from ports of Senegal or employee to navigation maritime or boating on the rivers, dispatched or made ship overland materials may cause an explosion or fire, without in declaring the nature to the captain master or master of the vessel to the sender agent or the carrier, without to have affixed related trademarks on packages is punishable by a fine of 1,000,000 to 10,000,000 CFA francs.
It will be same for any breach of the regulations on transport and handling of hazardous and infected materials.
Section 26. -Unauthorized occupation of the port area.
Any occupation of the port area not authorized by the competent authorities shall be punished by a term of imprisonment of three months to two years and a fine of 1,000,000 to 10,000,000 CFA francs.
This penalty is without prejudice to the payment of occupational rights calculated in accordance with the rates in force.
Section 27. -Unauthorized access.
Any person found in the compound of a seaport, without valid authorization issued by the competent authorities, shall be punished with imprisonment of two months to one year and a fine of 50,000 to 500,000 CFA francs.
Enter or attempt to enter a restricted area without permission is punishable by a fine of 2,000,000 to 5,000,000 CFA francs.
Section 28. -Recidivism in case of recidivism in the year following a first conviction became final, the penalties are increased to the double and a term of imprisonment of two to three months is, in addition, pronounced in all cases where it is anticipated that a fine.
In all the cases referred to paragraph previous sentences of imprisonment are pronounced.
Section 29. -Civil liability.
The shipowners and the owners of vessels are jointly and civilly liable of pecuniary convictions against the captains and other attendants.
TITLE V. - GUARANTEES.
Article 30. -Securities and consignations.
1. ' in compliance with the legislation in force, it has been ex officio some costs in respect of the author of damage or when having been trained minutes that could lead to a fine or to repair damage, it or the medium cannot leave the port before providing good and valid surety.
2. ' enforcement money designated for this purpose under the conditions laid down in first article Decree procedures of perception lump sum fines, bail bonds and consignments policing for ports, fixes the amount of the deposit, receives it and give a discharge.
3. If the author of the damage can present a valid written guarantee, it may be exempted from paying this deposit.
4. the amount of the liability of the surety or the log is fixed in case of dispute, by the judge in chambers.
5.A non-election of domicile by the author of the damage, any notification it will be validly made at City Hall nearest the place where the damage.
6. ' election of domicile is however required if he is a captain, his ship being detained at the port until the fulfilment of this formality.
7. ship may also be retained to the port if the master refuses to provide the guarantee laid down in paragraph 1 of this article.
Section 31. -Lump sum fines.
By way of derogation from the provisions of the Code of criminal procedure, offences punishable under the Act and the implementing rules may give rise to the immediate payment of a lump sum fine in the hands of the enforcement officer.
Section 32. -Rate lump sum fines.
The rate of lump sum fines is set as follows: 1,000,000 to 10,000,000 CFA francs in the event of infringement of the provisions of the Decree on operating rules relating to the use of fire and light when the offence occurs near a lot of hazardous materials;
1,000,000 to 10,000,000 CFA francs when embarking on a building of trade in materials that can cause an explosion or fire, without that nature be declared to the captain and reported by related trademarks on packages;
1,000,000 to 10,000,000 CFA francs in the event of infringement of the rules on the transport and handling of hazardous materials or infected.
1,000,000 to 10,000,000 CFA francs spill in the waters of a port or its dependencies of unsanitary liquids;
1,000,000 to 10,000,000 CFA francs in case of jet of rubble, garbage, refuse and other materials in the waters of a port or its dependencies, on the docks, the full land and hangars.
500,000 to 1,000,000 CFA francs in case of refusal of obedience to orders legally issued by the authorities of the Port;
50,000 CFA francs in the event of violation of the Decree concerning the procedures of perception of lump sum fines, bail bonds and deposits other than those laid down in this Act.
If the same offence is committed in the year following the payment of a first lump sum fine, the above rates are credited to double.
The payment of a lump sum fine effect is to stop any prosecution unless the infringement has exposed its author than another penalty, or the repair of the damage caused, or penalties that apply to recidivism in accordance with this Act.
The perception of a lump sum fine is no more allowed if by the same minutes, was found borne by the same individual more than a crime.
Section 33. -Implementing texts.
A decree shall determine the conditions of application of the provisions of articles 30, 31 and 32 above, particularly the rules concerning sureties, the categories of officials authorized to collect lump-sum fines and the collection procedure.
TITLE IV. -FINAL provisions Article 34.
Shall be repealed all provisions contrary to this Act including Act No. 65-32 on 19 May 1965 the ports police.
This Act will be enforced as law of the State.
Made in Dakar, April 23, 2010.
Abdoulaye WADE, the President of the Republic: Prime Minister Souleymane Ndéné NDIAYE.