LexInter | September 3, 2002 | 0 Comments


Article L218-72
 In the event of damage or accident at sea to any ship, aircraft, machine or platform transporting or having on board noxious, dangerous substances or hydrocarbons, and which could create a serious danger of harm to the coastline or related interests within the meaning of Article II-4 of the Brussels Convention of 27 November 1969 on intervention on the high seas in the event of an accident causing or likely to result in oil pollution, the shipowner or the owner of the ship, the owner or operator of the aircraft, gear or platform may be ordered to take all necessary measures to put an end to this danger.
In the event that this formal notice remains ineffective or has not produced the expected effects within the allotted time, or ex officio in the event of an emergency, the State may enforce the necessary measures at the expense and risk. from the shipowner, owner or operator or recover the amount of their cost from them.
The provisions provided for in the first and second paragraphs of this article also apply to ships, aircraft, machines or platforms in a state of damage or damaged in the public maritime domain, in seaports and their accesses.
The provision of goods and services necessary for the execution of the measures taken in application of this article or of the Brussels Convention of 29 November 1969 on intervention on the high seas in the event of an accident causing or likely to cause pollution by hydrocarbons can be obtained either by amicable agreement or by requisition.
The amount of compensation due by the State is determined under the conditions provided for in Titles II, IV and V of Ordinance No. 59-63 of January 6, 1959 relating to requisitions for goods and services.
The conditions of application of this article are fixed by decree of the Council of State.
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