DECREE OF AUGUST 2, 2007 RELATING TO NAVIGATION TITLES
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DECREE OF AUGUST 2, 2007 RELATING TO NAVIGATION TITLES

Decree n ° 2007-1168 of August 2, 2007 relating to navigation titles for vessels and floating establishments sailing or stationing on inland waters

NOR: DEVX0757181D

The President of the Republic,

On the report of the Prime Minister and the Minister of State, Minister for ecology, sustainable development and planning,

Having regard to the revised convention for the navigation of the Rhine signed in Mannheim on October 17, 1868 ;

Having regard to Directive 2006/87 / EC of the European Parliament and of the Council of December 12, 2006 establishing the technical requirements for inland navigation vessels and repealing Council Directive 82/714 / EEC, amended by Directive 2006/137 / EC of European Parliament and of the Council of December 18, 2006;

Considering the law n ° 72-1202 of December 23, 1972 relating to the infringements concerning the boats, devices and floating establishments circulating or stationing on internal waters;

Considering the law n ° 82-1153 of December 30, 1982 modified on orientation of the internal transport, in particular its article 9;

Considering the law n ° 2000-321 of April 12th, 2000 relating to the rights of the citizens in their relations with the administrations, in particular its article 21;

Considering the decree-law of June 17, 1938 relating to the modification of the limits of maritime registration;

Considering the decree n ° 54-668 of June 11, 1954 determining, in execution of the decree-law of June 17, 1938, the conditions of application of the regulation of the maritime registration in the estuaries, rivers, rivers and canals frequented by the sea ​​vessels;

Considering decree n ° 73-912 of September 21, 1973 relating to the general regulation of the police of inland navigation, modified by decree n ° 77-330 of March 28, 1977;

Considering decree n ° 90-43 of January 9, 1990 relating to the safety measures applicable in floating establishments or stationary boats and boats stationed on internal waters open to the public;

Considering the decree n ° 91-731 of July 23, 1991 modified relating to the crew and the control of the boats circulating or stationing on internal waters;

Considering decree n ° 96-611 of 4 July 1996 modified relating to the placing on the market of pleasure boats and parts and elements of equipment;

Considering decree n ° 97-34 of January 15, 1997 relating to the deconcentration of individual administrative decisions, last modified by decree n ° 2007-139 of February 1, 2007;

Considering the decree n ° 2004-374 of April 29, 2004 relating to the powers of the prefects, the organization and the action of the services of the State in the regions and departments;

Considering the decree n ° 2006-672 of June 8, 2006 relating to the creation, the composition and the functioning of the administrative commissions of an advisory nature;

Having regard to the opinion of the Board of Directors of the National Chamber of Craft Skippers dated December 4, 2006;

The Council of State (public works section) heard;

Having heard the Council of Ministers,

TITLE I

SCOPE, DEFINITIONS

AND GENERAL PRINCIPLES

Chapter I

Scope

 

Article 1

The following are subject to the provisions of this decree, as soon as they circulate or park on national internal waters:

1 ° Goods vessels;

2 ° Passenger ships;

3 ° Pleasure boats;

4 ° Floating devices;

5 ° Floating establishments.

Article 2

The following are not subject to the provisions of this decree:

1 ° Sea-going vessels circulating or stationing between the transverse limit of the sea and, upstream, the first obstacle to the navigation of these vessels determined in application of the decree-law of June 17 1938 above;

2 ° Seagoing vessels traveling temporarily upstream of this first obstacle to navigation and equipped with:

a) A certificate attesting to compliance with the 1974 International Convention for the Safety of Life at Sea (SOLAS) or an equivalent convention, a certificate attesting to compliance with the 1966 International Convention on load lines or equivalent convention and an international oil pollution prevention certificate (IOPP certificate) which certifies compliance with the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL);

b) In the case of passenger ships not covered by the conventions mentioned in this article, a certificate on safety rules and standards for passenger ships, issued under Council Directive 98/18 / EC of March 17, 1998 establishing safety rules and standards for passenger ships;

c) In the case of pleasure craft not covered by the conventions mentioned in this article, a maritime navigation permit for French vessels or a certificate from the country whose flag they fly;

3 ° Military boats;

4 ° Floating materials.

Article 3

For the application of this decree, national internal waters are classified into five zones, named 1, 2, 3, 4 and R, by an order of the Minister in charge of transport.

In zones 1 and 2, the issuance of navigation titles may be accompanied by reinforced requirements; in zones 3 and 4, the issue of navigation titles may be accompanied by simplified requirements. Zone R is that in which the revised convention for the navigation of the Rhine is applicable.

Chapter II

Definitions

 

Article 4

I. – For the application of this decree, the following terms have the following meaning:

1 ° Building: boat or floating device;

2 ° Boat: motorized or non-motorized floating construction intended exclusively or mainly for navigation on inland waters;

3 ° Floating machine: floating construction carrying installations intended for work, such as crane, dredge, bell, elevator;

4 ° Floating establishment: floating construction which is not normally intended to be moved such as dock, landing stage, boat shed, restaurant, floating construction for private use;

5 ° Floating material: raft or construction, assembly or object suitable for navigation, other than a boat, a floating device or a floating establishment;

6 ° Tug: boat specially built for towing;

7 ° Pusher: boat specially built to ensure the propulsion of a pushed convoy;

8 ° Convoy: pushed convoy or towed convoy or side-by-side formation;

9 ° Self-propelled: goods boat, built to navigate independently by its own mechanical means of propulsion;

10 ° Service boat: boat attached to the service of an administration, intended for the transport of personnel or the transport, handling or storage of material or supplies;

11 ° Length: maximum length of the hull, excluding removable parts which can be detached in a non-destructive manner, without affecting the structural integrity of the hull; the length of pleasure craft under 24 meters is measured in accordance with the harmonized standard EN ISO 8666;

12 ° Width: maximum width of the hull, measured outside the plating, excluding removable parts which can be detached non-destructively, without affecting the structural integrity of the hull; the width of pleasure craft less than 24 meters is measured in accordance with the harmonized standard EN ISO 8666;

13 ° Draft: vertical distance between the lowest point of the hull at the lower edge of the bottom plates or the keel and the waterline which corresponds to the maximum draft at which the vessel is authorized to navigate ;

14 ° Private use: use by a natural or legal person governed by private law, for his personal use, that of his employees or individuals invited in an individual capacity.

II. – For the application of this decree, a boat belongs to one of the categories defined below:

1 ° Goods boat: pusher, tug or boat intended to transport, handle or store goods;

2 ° Pleasure boat: boat for private use, whatever the type or mode of propulsion, intended to be used in particular for purposes of leisure, sport, or training in pleasure boating;

3 ° Passenger boat: boat, other than a pleasure boat, built and fitted out to transport or receive on board persons who are neither crew nor on board staff.

Chapter III

General principles

 

Article 5

I. – Any floating vessel or establishment, navigating or stationing on the internal waters mentioned in article 3, is provided with a valid navigation title, issued under the conditions defined in this decree or an equivalent title. mentioned in the first paragraph of article 14 or in article 15.

II. – The navigation title certifies that the technical requirements defined in particular by decrees of the Minister in charge of transport are respected.

III. – With regard to boats or floating establishments open to the public, the application of this decree does not exempt from the application of the provisions of the aforementioned decree of January 9, 1990.

Article 6

For the application of this decree, the authority competent to issue the navigation title is the prefect of the department in which the instructor service has its headquarters.

The number and the territorial competence of the investigating services are defined by an order of the Minister in charge of transport.

Article 7

The navigation title consists of a community certificate for:

1 ° Merchandise or pleasure boats whose length is equal to or greater than 20 meters;

2 ° Merchandise or pleasure boats whose product of length, breadth and draft is equal to or greater than 100 cubic meters;

3 ° Floating devices;

4 ° Tugs and pushers intended to tow or push or drive alongside the vessels referred to in the three preceding paragraphs;

5 ° Motorized passenger vessels intended for the transport of more than twelve passengers.

Article 8

I. – The navigation title consists of a boat certificate for:

1 ° The vessels mentioned in article 7 which navigate on internal waters not connected by internal waterway to the internal waters of other Member States of the Community European, the list of which is drawn up by order of the Minister responsible for transport;

2 ° Buildings not falling within the scope of article 7 of this decree, with the exception of pleasure boats of a length less than 20 meters and whose product of the length, the width and the draft is less than 100 cubic meters.

II. – The owner of a building covered by this article or his representative may, however, request to be issued with a community certificate.

Article 9

For floating establishments, the navigation title is called the floating establishment certificate.

TITLE II

PROVISIONS APPLICABLE TO GOODS VESSELS, PASSENGER VESSELS, FLOATING MACHINERY AND FLOATING ESTABLISHMENTS

Chapter I

Navigation

tickets Section 1

Period of validity of the navigation ticket

 

Article 10

I. – The maximum period of validity of the navigation permit for vessels and establishments other than those falling under Title III of this decree is limited to:

1 ° Five years for passenger vessels intended for the transport of more than twelve passengers;

2 ° Five years for other buildings, with the exception of new buildings for which this period is extended to ten years;

3 ° Ten years for floating establishments, with the exception of floating establishments for private use of less than 20 meters, for which this period is unlimited except for specific provisions taken by order of the Minister in charge of transport, for reasons of property security and people.

II. – The competent authority may set, by reasoned decision, a shorter period of validity for reasons of security of goods and people under conditions defined by an order of the Minister in charge of transport.

Section 2

Provisional navigation title

 

Article 11

I. – The competent authority may issue, under the conditions provided for by Directive 2006/87 / EC of the European Parliament and of the Council of 12 December 2006 establishing the technical requirements for inland navigation vessels and repealing Directive 82/714 / EEC Council, a provisional navigation title.

II. – The cases giving rise to the issuance of a provisional permit, the content of this permit, its period of validity and its model are defined by order of the Minister responsible for transport.

Section 3

Extension of the navigation title

Article 12

Upon a reasoned request from the owner of the vessel or floating establishment, or his representative, the competent authority may exceptionally grant one or more extensions of the validity of the navigation permit without a visit for a maximum cumulative period of six months depending on the circumstances. requirements of the above-mentioned directive of 12 December 2006, specified by order of the Minister responsible for transport.

Section 4

Additional prescriptions or reductions

 

Article 13

I. – Any vessel holding a Community certificate meets additional technical requirements for navigating the national internal waters of zones 1 and 2.

II. – Any vessel holding a Community certificate can benefit from simplified technical requirements to navigate exclusively on the national internal waters of zones 3 and 4.

III. – The technical requirements referred to in I and II are defined in compliance with the provisions of the directive of 12 December 2006 referred to above by order of the Minister responsible for transport. The application of the regime of I and II to vessels provided with a title other than a Community certificate is subject to the issue of an additional Community certificate covering these requirements.

Section 5

Equivalences

 

Article 14

A vessel provided with a navigation permit issued on the basis of Article 22 of the revised Convention for the navigation of the Rhine may navigate in national internal waters.

However, it is provided with an additional community certificate:

1 ° To navigate the internal waters of zones 1 and 2, taking into account the additional technical requirements provided for in I of article 13;

2 ° To benefit from the technical reductions provided for in II of article 13 on the internal waters of zones 3 and 4.

The additional Community certificate is drawn up by the authority competent to issue navigation titles. Compliance with additional or reduced requirements is mentioned on the additional Community certificate.

Article 15

In the absence of mutual recognition agreements of navigation titles between the European Community and third States, the Minister responsible for transport may recognize the navigation titles of vessels of third States for navigation on national internal waters in conditions which it fixes by decree.

Article 16

The competent authority may authorize, with regard to navigation on national internal waters, derogations from one or more provisions of this decree or its implementing decrees, for limited journeys in a small geographical area or in areas ports.

The provisions to which the exemptions relate are defined by order of the Minister in charge of transport.

Article 17

The competent authority may allow for a vessel the use or the presence on board of other materials, installations or equipment or the adoption of other constructive measures or other fittings than those provided for in the technical prescriptions defined by decrees of the Minister responsible for transport, if they have been recognized as equivalent in accordance with the procedure provided for in Article 2-19 of Directive 2006/87 / EC.

Section 6

Cancellation of navigation title

 

Article 18

On a proposal from the instructing service, the authority which issued or renewed a navigation permit for a vessel or floating establishment which no longer complies with the technical requirements governing the issuance of this permit shall withdraw the permit, after having placed its holder able to put forward his observations, by a reasoned decision notified to the interested party with an indication of the deadlines and the means of appeal. In a justified emergency, the competent authority may proceed without delay with the provisional withdrawal; it collects the observations of the person concerned within seven days, in order to confirm or repeal the measure. The title having been the subject of

Section 7

Administrative monitoring of navigation titles

 

Article 19

I. – The owner of the vessel or floating establishment, or his representative, sends to one of the competent authorities mentioned in article 6, the navigation title accompanied by the supporting documents, with a view to its modification in the event of of:

1 ° Change of currency;

2 ° Change of ownership;

3 ° Change of registration;

4 ° Re-gauging.

The competent authority takes a decision within three months and modifies, if necessary, the navigation title under the conditions provided for by order of the Minister in charge of transport. If necessary, it informs the competent authority which issued or renewed the title. Any decision to refuse modification is motivated.

Any decision is notified to the person concerned with an indication of the time limits and the means of appeal.

II. – The registration conditions, as well as the content and model of the navigation titles mentioned in this chapter are defined by order of the Minister in charge of transport.

Chapter II

Bodies and commissions involved

in the procedure for issuing the navigation

permit Section 1

Control bodies

 

Article 20

The following are considered to be a control body:

1 ° An approved classification society within the meaning of the above-mentioned directive of 12 December 2006, appearing on the list drawn up by order of the Minister responsible for transport;

2 ° An expert in inland navigation vessels;

3 ° For pleasure boats, a notified body under the aforementioned decree of 4 July 1996.

Article 21

I. – The owner of the vessel or floating establishment or his representative designates one or more control bodies which intervene on his behalf in the phases prior to the issue or renewal of the navigation permit.

The inspection body is responsible in particular for verifying that the building or the floating establishment meets the technical requirements defined by order of the Minister responsible for transport.

When more than one inspection body is called upon, all the interventions make it possible to verify that the building complies with all the technical requirements applicable to it.

II. – The cost of the intervention of the inspection body is borne by the owner or his representative.

Article 22

The intervention of a classification society under the conditions provided for in article 21 is compulsory for:

1 ° Passenger vessels carrying more than 150 passengers, or carrying more than 75 passengers in zones 1 or 2;

2 ° Self-propelled vessels longer than 110 meters;

3 ° Vessels subject by the regulations relating to the transport of dangerous goods to the compulsory intervention of a classification society;

4 ° Pushers and tugs, or any other driving element which takes part in a convoy transporting dangerous goods and of which at least one of the elements requires the intervention of a classification society;

5 ° Floating establishments open to the public with more than 300 people admitted.

Article 23

The intervention methods of the control bodies are defined by order of the Minister in charge of transport.

Section 2

Inspection committee

 

Article 24

I. – A visiting committee, responsible for giving the competent authority an opinion on the compliance of the building or floating establishment with the technical requirements defined by order of the Minister responsible for transport with a view to issuing or renewing the permit navigation, is established with each competent authority.

II. – It only includes state agents. Its detailed composition and operation are defined by an order of the Minister in charge of transport.

Chapter III

Provisions applicable to new buildings

Section 1

Construction of new buildings

Article 25

I. – With a view to obtaining a navigation permit, the owner or his representative sends the competent authority of the place of construction of the building a prior declaration of the start of construction. If the place of construction is located outside the national territory, the prior declaration is sent to the competent authority of the place of domicile of the applicant. The competent authority acknowledges receipt of this declaration.

II. – The instructor service can carry out visits during the construction of the building.

III. – An order of the Minister in charge of transport defines the modalities of application of this article.

Section 2

Application for navigation title

Sub-section 1

Filing of the application

 

Article 26

The application for a navigation permit is sent by the owner of the vessel or his representative to one of the competent authorities mentioned in article 6, provided that the visits provided for in article 27 can take place within the jurisdiction of this authority. .

The application for a navigation permit is complete on the day when the afloat survey provided for in article 27 can be carried out and when all the documents necessary for the admissibility of the file have been assembled.

An order of the Minister in charge of transport defines the conditions of admissibility of the application file for a navigation permit and its content, distinguishing according to whether or not the vessel has been the subject of a prior declaration, and indicating, in the latter case, the content of the file of the prior declaration which must be attached to the request.

Sub-section 2 Commissioning

visit

 

Article 27

Prior to the issuance of the vessel’s navigation permit, the inspection committee carries out a dry inspection as well as a survey in order to verify the statements in the inspection body’s report. The dry inspection can be carried out before the building is floated for the first time.

A decree of the Minister in charge of transport defines the modalities of organization of these visits.

Article 28

I. – The competent authority may dispense with a dry inspection of the building having a document drawn up by a classification society attesting that its construction complies with the requirements of this society or a certificate establishing that the competent authorities of other Member states of the European community carried out a dry visit for other purposes.

II. – The competent authority may partially or totally dispense with the inspections defined in this chapter the building having a document drawn up by a classification society attesting that the elements it has checked meet the technical requirements defined by decrees of the Minister in charge of transport . In view of this document, the competent authority defines for each situation the type or part of the inspection from which the building is exempt.

Sub-section 3

Issuance of the navigation permit

 

Article 29

The competent authority takes a decision within three months from the date on which the application for the navigation permit is complete and issues, if applicable, the navigation permit under the conditions provided by order of the Minister in charge of transport. The decision to refuse to issue is justified.

Any decision is notified to the person concerned with an indication of the time limits and the means of appeal.

Chapter IV

Provisions applicable to existing vessels

Section 1

Renewal of navigation title

 

Article 30

An order of the Minister in charge of transport defines those of the conditions applicable to the issue which govern the renewal of the navigation title.

Article 31

I. – When the competent authority considers that the non-compliance with the technical requirements of the vessel or of the floating establishment beneficiary of a community certificate falling under article 7 of this decree, with the exception of the goods vessels concerned in 1 °, 2 ° and 4 °, does not present an obvious danger, he may be authorized to navigate or to park until the replacement or modification of the elements or parts not conforming to the said prescriptions by elements or parts conforming to the technical requirements.

The replacement of existing parts with identical parts or with parts of equivalent technology and design during routine repairs or maintenance should not be considered as a replacement within the meaning of this article.

II. – Within the meaning of this article, a manifest danger is presumed in particular when the requirements applicable to the certificate in question and to the area for which it is valid concerning the structural soundness of the construction, navigation, maneuverability or special characteristics linked to the conditions of operation of the building or floating establishment are affected.

III. – Any non-compliance with the aforementioned technical requirements is mentioned by the competent authority which notes it on the navigation title.

Section 2

Major modification or repair

 

Article 32

I. – In the event of major modification or repair affecting the structural solidity of the construction, navigation or maneuverability or special characteristics linked to the operating conditions of the building, it must be resubmitted, before any new displacement , to the provisions of section 1 of this chapter.

In cases where it involves modification of the building, it is also subject to the provisions of section 1 of chapter III of this title.

The competent authority may decide to issue a new navigation title or to modify the existing title accordingly.

II. – The competent authority which issued or renewed the permit is informed within one month of the issuance of this new permit.

Section 3

Building without a navigation permit

 

Article 33

Any application for a navigation permit concerning an existing vessel without a navigation permit is subject to the procedure provided for in section 2 of chapter III of this title.

Section 4

Dry inspection

 

Article 34

I. – The building is periodically subject to a dry inspection carried out by an inspection body. This visit gives rise to a report from this organization on the state of the living works. It is attached to the navigation permit renewal application file.

II. – This visit takes place at least every five years. However, for new vessels other than passenger vessels intended for the transport of more than twelve passengers, the first dry inspection after the vessel has been put into service takes place within ten years of the first issue of the navigation permit.

For buildings that cannot, for technical reasons, be the subject of a dry inspection, the examination of the hull is carried out by the inspection body according to the procedures proposed by it, after agreement of the competent authority for the renewal of the navigation title.

Section 5

Voluntary visit

Article 35

The owner of a building or his representative may request a voluntary visit to it. If this request is given a favorable response, the visit is carried out in accordance with the procedure governing the renewal of the navigation permit and gives rise to a report which is sent to the applicant, as well as to the competent authority.

Chapter V

Provisions applicable to floating establishments

 

Article 36

The provisions of Chapters III and IV of this title apply to floating establishments, with the exception of floating establishments for private use less than 20 meters in length.

However, the periodic dry inspection provided for by the provisions of II of article 34 takes place at least every ten years.

Section 1 of Chapter III of this Title does not apply to floating establishments for private use less than 24 meters in length.

Article 37

For floating establishments for private use less than 20 meters in length, section 2 of chapter II of title III applies.

An order from the Minister in charge of transport defines the conditions for issuing the floating establishment certificate.

TITLE III

PROVISIONS APPLICABLE

TO PLEASURE BOATS

Chapter I

Provisions applicable to pleasure craft of a length equal to or greater than 20 meters or whose product of length, breadth and draft is equal to or greater than 100 cubic meters

Section 1

Duration of validity of the navigation title

 

Article 38

I. – The maximum period of validity of the navigation title is limited to ten years for pleasure craft of a length equal to or greater than 20 meters or of which the product of the length, the width and the draft is equal to or greater than 100 cubic meters.

II. – The competent authority may set, by reasoned decision, a shorter period of validity, for reasons of safety of persons and goods under conditions defined by order of the Minister in charge of transport.

Section 2

Provisions applicable to pleasure craft

of a length equal to or greater than 24 meters

 

Article 39

The provisions of Title II, with the exception of Article 10, apply to pleasure craft falling within the scope of 1 ° and 2 ° of Article 7 of this decree and of equal length or greater than 24 meters.

However, the periodic dry inspection provided for by the provisions of II of article 34 takes place at least every ten years.

Section 3

Provisions applicable to pleasure craft

less than 24 meters in length

 

Article 40

The provisions of Title II, with the exception of Article 10 and Section 1 of Chapter III, apply to pleasure craft falling within the scope of 1 ° and 2 ° of Article 7 of this present decree and less than 24 meters in length.

However, the periodic dry inspection provided for by the provisions of II of article 34 takes place at least every ten years.

Chapter II

Provisions applicable to pleasure craft less than 20 meters in length and the product of length, breadth and draft of which is less than 100 cubic meters

Section 1

Navigation title

 

Article 41

I. – The navigation title for pleasure craft less than 20 meters in length and whose product of length, width and draft is less than 100 cubic meters is made up of a traffic map. However, the owner of a vessel or his representative may request to be issued a Community certificate, in accordance with the procedures in force.

II. – The application for a navigation permit is sent by the owner of the vessel or his representative to the competent authority to issue this permit, which decides within three months. An order from the Minister in charge of transport defines the content of the application or renewal file for the navigation permit, as well as the conditions for its issue.

III. – The duration of validity of the navigation title is unlimited, except for special provisions taken by order of the Minister in charge of transport for reasons based on the safety of goods and people.

The content and model of the navigation title and the register as well as the conditions for issuing and renewing the title mentioned in this chapter are defined by order of the Minister responsible for transport.

Article 42

The owner of the boat sends, to one of the competent authorities mentioned in article 6, the navigation title accompanied by the supporting documents with a view to its modification in the event of:

1 ° Change of currency;

2 ° Change of ownership;

3 ° Change of registration;

4 ° Significant transformation within the meaning of the aforementioned decree of July 4, 1996 or of decree n ° 84-810 of August 30, 1984 as amended relating to the protection of human life at sea, to habitability on board ships and to the prevention of Pollution.

The competent authority modifies the navigation title within three months.

Article 43

Any valid navigation permit may be withdrawn, on a proposal from the instructing service, by the competent authority which issued it, after its holder has been enabled to present its observations on the envisaged measure, when the boat no longer complies with the technical requirements corresponding to its title. In a justified emergency, the permit can be withdrawn immediately for a maximum period of seven days during which the authority collects the observations of the person concerned before lifting or confirming the withdrawal decision. The title subject to withdrawal is returned to the competent authority.

Any decision to withdraw is justified and notified to the person concerned with the

Article 44

The Minister in charge of transport may recognize, for navigation on internal national waters, the navigation titles of vessels of third States as long as they guarantee safety conditions equivalent to those guaranteed by the titles governed by this decree.

Section 2

Technical provisions

Article 45

Pleasure boats not falling within the scope of the aforementioned decree of 4 July 1996 or not having been placed on the market before 16 June 1998 in a Member State of the European Community on that same date, or not having no navigation permit, or having no other document in lieu thereof, are subject to technical requirements defined by order of the Minister in charge of transport which also specifies the procedural modalities according to which this conformity is assessed and certified.

Chapter III

Common provisions

Article 46

All pleasure boats falling within the scope of this title must have on board the equipment and safety equipment defined by order of the Minister responsible for transport.

TITLE IV

CONTROLS

Chapter I

Documents kept on board

Article 47

The navigation permit, including temporary or extended, is kept on board the vessel or floating establishment.

In convoys, all documents can be kept on board a single vessel.

Article 48

These documents are communicated, on their request, in particular:

1 ° To the agents of the State, members of the commissions of visit;

2 ° To the control body charged by the owner or his representative to accomplish the missions defined in I of article 21 of this decree.

Chapter II

Safety of navigation

 

Article 49

The agents mentioned in article 22 of the aforementioned law of 23 December 1972 can check at any time the presence on board of one of the documents mentioned in article 47 as well as the compliance of the vessel or the floating establishment with these documents. They can also check whether the vessel or establishment constitutes an obvious danger to people on board, the environment or navigation.

Article 50

If, during the control provided for in article 49, the officers note either the defect of validity of the navigation title, or that the vessel or the floating establishment does not comply with the particulars thereof, but that this defect validity or this lack of conformity does not constitute a manifest danger within the meaning of II of article 31, they give notice to the person whose name appears on the navigation permit to take all the necessary measures to remedy this situation in the a deadline that they set.

Article 51

If, during the check provided for in article 49, the agents note either the absence on board of the navigation permit, or that the vessel presents a manifest danger within the meaning of II of article 31, said agents may interrupt its navigation. as soon as possible under the regulations of the waterway used until the necessary measures have been taken to remedy the situation observed.

They may also prescribe measures which will allow the vessel to navigate without danger, if necessary after having completed its movement, to the place where it will be the subject of either an inspection or repair.

Article 52

The officers who carry out the checks provided for in Articles 50 and 51 shall inform the competent authority which issued the navigation permit or which last renewed it of the findings they have made or the measures they have taken. It is the same when the agents have informed the owner of their intention to interrupt the navigation of the vessel if the observed defects are not remedied.

When the navigation title was last issued or renewed by the authority of another Member State of the European Community, the same information is sent to the authority of that Member State.

In all cases,

Article 53

Any decision to interrupt navigation, taken by virtue of the provisions of this decree, is notified without delay to the person whose name appears on the navigation title and to the address he mentions or, in the absence of a title, to the person exercising control of the building or establishment with an indication of the means and time limits for appeal.

The procedure for interrupting navigation from the decision to proceed is defined by order of the Minister in charge of transport.

TITLE V

MISCELLANEOUS PROVISIONS, ENTRY INTO FORCE

AND TRANSITIONAL MEASURES

Chapter I

Miscellaneous provisions

 

Article 54

The authority competent to issue navigation titles is also competent to issue the following documents:

1 ° Measurement certificates issued in accordance with decree No. 76-359 of April 15, 1976 relating to the measurement operations of inland navigation vessels;

2 ° The registration certificates issued in accordance with decree n ° 83-209 of March 10, 1983 publishing the agreement relating to the registration of inland navigation vessels;

3 ° Certificates of ability to drive boats, with the exception of those relating to pleasure craft issued in accordance with Decree No. 91-731 of 23 July 1991 referred to above;

4 ° The special “passenger” certificates issued in accordance with Decree No. 91-731 of 23 July 1991 referred to above;

5 ° The special “radar” certificates issued in accordance with decree n ° 91-731 of 23 July 1991 referred to above;

6 ° Certificates of approval for vessels transporting dangerous goods issued in accordance with the amended decree of 5 December 2002 relating to the transport of dangerous goods by inland waterways.

Article 55

The following are repealed, subject to the provisions of II of article 57 of this decree:

1 ° The decree of January 17, 1928 revising the regulations governing navigation in estuaries;

2 ° The decree of April 17, 1934 establishing public administration regulations and regulating the service of boats, stationary vehicles and floating establishments having a source of energy on board and barges likely to be integrated into a pushed convoy or to be powered and not subject to maritime regulations;

3 ° Decree n ° 70-810 of September 2, 1970 establishing public administration regulations and relating to the safety of passenger vessels not subject to maritime regulations;

4 ° Decree n ° 71-912 of October 28, 1971 relating to the safety of boats and pleasure craft circulating or stationing on internal waters;

5 ° Decree n ° 88-228 of March 7, 1988 relating to the service of inland navigation vessels intended for the transport of goods.

Article 56

The expressions: “the chairman of the supervisory commission”, “the supervisory commission”, “the competent supervisory commission” or “the delegate of the supervisory commission” are replaced by the words: “the competent authority” in all the regulatory provisions relating to inland navigation in force, in particular the amended decrees of September 21, 1973 and of July 23, 1991 referred to above.

Chapter II

Entry into force and transitional measures

Article 57

I. – The provisions of this decree come into force on January 1, 2008.

II. – However, until December 30, 2008, a boat certificate may be issued instead of a Community certificate:

1 ° To passenger vessels carrying more than twelve passengers, in view of compliance with the technical requirements defined by the decrees of application of the decree of September 2, 1970;

2 ° Pleasure craft of length equal to or greater than 20 meters or whose product of the length, width and draft is equal to or greater than 100 cubic meters, in view of compliance with the technical requirements defined by the decrees implementing the decree of October 28, 1971;

3 ° To service vessels equal to or greater than 20 meters or whose product of the length, breadth and draft is equal to or greater than 100 cubic meters and to floating devices, in view of compliance with the requirements techniques defined by the implementing decrees of the decree of March 7, 1988.

Buildings and floating establishments under construction on the date of entry into force of this decree and for which the application for a permit is filed before June 30, 2008 are not subject to the procedure provided for in section 1 of chapter III of title II.

Chapter III

Amendments

 

Article 58

The provisions of this decree may be amended by decree, with the exception of articles 19, 29, 41, 42 and 55, which may be amended by decree in the Council of State, and of article 6.

Article 59

The Prime Minister, the Minister of State, Minister of Ecology, Sustainable Development and Planning, and the Secretary of State in charge of transport are responsible, each as far as he is concerned, for the application of this present decree, which will be published in the Official Journal of the French Republic.

Done in Paris, August 2, 2007.

Nicolas sarkozy

By the President of the Republic:

The Prime Minister,

François Fillon

The Minister of State, Minister for Ecology,

Sustainable Development and Planning,

Jean-Louis Borloo

The Secretary of State

for Transport,

Dominique Bussereau

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