LexInter | September 3, 2002 | 0 Comments


Article L218-42
The dumping of substances and materials not referred to in Annex I of the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft, signed in Oslo on February 15, 1972, is subject, in accordance with provisions of Articles 6 and 7 of the said agreement, with authorization issued by the Minister responsible for the environment.
A Council of State decree sets the conditions for issuing, using, suspending and withdrawing the authorizations referred to in the previous paragraph, taking into account the provisions of Annex II and Annex III of said agreement.
The provisions of Articles 5 and 6 of the Oslo Convention may be made applicable, by decree of the Council of State, to substances or materials which, although not referred to in Annex I or in the Annex II of the said convention, have characteristics similar to those of the substances and materials mentioned in the said annexes.
Article L218-43
Without prejudice to compliance with all legislative or regulatory requirements applicable to the embarkation or loading of the materials, substances and wastes in question, the embarkation or loading of all materials, substances or wastes intended to be dumped at sea is subject to obtaining an authorization issued by the minister responsible for the environment under conditions set by decree of the Council of State.
Article L218-44
Immersion authorizations issued under article L. 218-42 constitute embarkation or loading authorization, within the meaning of article L. 218-43. They also take the place of the authorizations provided for in Articles L. 214-2 to L. 214-6.
Article L218-45
The provisions of this section are also applicable to dumping operations carried out outside the area of ​​application of the Oslo Convention, either on the high seas or in French maritime territorial and internal waters.
In French territorial and internal maritime waters, the provisions of this section apply to foreign ships, aircraft, vehicles and platforms, even those registered in a State not party to the said convention.
Article L218-46
In all cases, the rights of third parties with regard to the authors of pollution are and remain reserved.
Article L218-47
Even in the event of criminal proceedings, the administration retains the right to pursue, according to the procedure for major road fines, the repair of damage caused to the public domain.

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