POLLUTION BY INCINERATION OPERATIONS
LexInter | September 3, 2003 | 0 Comments

POLLUTION BY INCINERATION OPERATIONS

Article L218-59
 Incineration at sea is prohibited.
Article L218-60
For the purposes of this section, the following definitions apply:
1 ° Incineration at sea: any deliberate combustion of waste, substances, products or materials on board with a view to their disposal at sea from a ship or an artificial structure fixed;
2 ° Vessel: any seagoing vessel whatsoever, including hydrofoils, hovercraft, as well as floating platforms and all floating devices, whether self-propelled or not;
3 ° Fixed artificial structure: any non-floating device, installation, platform or fixed devices whatsoever.
Article L218-61
I. – The provisions of this section apply to foreign ships:
1 ° In the event of incineration in waters under French sovereignty or jurisdiction;
2 ° Even in the event of incineration outside waters under sovereignty or under French jurisdiction, when the embarkation or loading has taken place on French territory.
II. – However, only the fine penalties provided for in Articles L. 218-64 and L. 218-65 may be pronounced when the offense takes place in the economic zone, as defined in Article 1 of Law No. 76 -655 of July 16, 1976 relating to the economic zone off the coast of the territory of the Republic.
Article L218-62
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.
Article L218-63
In all cases, the rights of third parties with regard to the authors of pollution are and remain reserved.
Article L218-64
 

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Is punished by two years of imprisonment and a 75,000 euros fine the fact, for any captain of a French ship or, failing that, any person assuming the conduct of incineration operations carried out on a French ship or a fixed artificial structure under French jurisdiction, to incinerate at sea.
The penalties provided for in the previous paragraph are applicable to any ship captain embarking or loading on French territory waste, substances, products or materials intended for incineration in Wed.
The natural persons guilty of the offenses provided for in this section also incur, as an additional penalty, the penalty of posting the decision pronounced or disseminating it under the conditions provided for in article 131-35 of the penal code. .

Article L218-65
Without prejudice to the penalties provided for in Article L. 218-64, if one of the offenses is committed on the order of the owner or operator of a ship or a fixed artificial structure defined in 2 ° and 3 ° of article L. 218-60, this owner or operator is punished by double the penalties provided for in article L. 218-64.
Article L218-66
I. – Independently of the officers and agents of the judicial police, are empowered to investigate and record violations of the provisions of this section:
1 ° The administrators of maritime affairs;
2 ° The inspectors of maritime affairs;
3 ° The officers of the technical and administrative body of maritime affairs;
4 ° Expert technicians from the maritime navigation safety service;
5 ° The engineers of the bridges and roads and the engineers of the public works of the State assigned to the maritime service as well as the agents of the aforesaid services commissioned for this purpose;
6 ° State mining engineers and public works engineers assigned to the mining service of the mineralogical districts concerned;
7 ° Port officers, deputy port officers;
8 ° Police officers for navigation and surveillance of maritime fisheries;
9 ° The commanders, second in command or second officer of the ships of the national navy;
10 ° The engineers of the armaments corps commissioned for this purpose;
11 ° The researchers, engineers and sworn technicians of the French Research Institute for the Exploitation of the Sea;
12 ° Customs officers;
13 ° Abroad, the consuls of France to the exclusion of consular agents.
II. – Are responsible for investigating violations of the provisions of this section, collecting for this purpose all information in order to discover the perpetrators of these violations and bring them to the attention of either an administrator of maritime affairs, an officer the technical and administrative body of maritime affairs or an inspector of maritime affairs, or a judicial police officer:
1 ° The commanders of State oceanographic vessels;
2 ° The captains of military aircraft, civil defense aircraft and State aircraft assigned to the surveillance of maritime waters;
3 ° The agents of the French Research Institute for the Exploitation of the Sea.
Article L218-67
The minutes drawn up in accordance with article L. 218-66 are authentic until proven otherwise. They are immediately forwarded to the public prosecutor by the enforcement officer who at the same time sends a copy to the departments concerned.
Article L218-68
When the needs of the investigation or information as well as the gravity of the offense so require, the vessel which was used to commit one of the offenses referred to in Articles L. 218-64 and L. 218-65 can be immobilized by decision of the public prosecutor or the examining magistrate seized.
At any time, the competent judicial authority may order the lifting of the immobilization if a bond is provided, the amount of which and the terms of payment are fixed.
The conditions of assignment, use and return of the deposit are regulated in accordance with the provisions of articles 142, 142-2 and 142-3 of the Code of Criminal Procedure.
Article L218-69
I. – Breaches of the provisions of this section are judged either by the competent court of the place of the infringement, or by that of the residence of the author of the infringement.
II. – The following are also competent:
1 ° The court in whose jurisdiction the ship is registered if it is French;
2 ° The one in whose jurisdiction the vessel can be found if it is foreign, or if it is an unregistered craft or platform.
III. – In the absence of another court, the Paris tribunal de grande instance is competent.
Article L218-70
I. – Legal persons may be declared criminally responsible, under the conditions provided for by article 121-2 of the penal code, for breaches of the provisions of this section.
II. – The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms provided for in article 131-38 of the penal code;
2 ° The penalties mentioned in 2 °, 3 °, 4 °, 5 °, 6 °, 8 ° and 9 ° of article 131-39 of the same code.
III. – The prohibition mentioned in 2 ° of article 131-39 of the penal code relates to the activity in the exercise or on the occasion of the exercise of which the offense was committed.
Article L218-71
The control of the application of the provisions of this section to the ships of the French navy, to the French military ships and fixed artificial structures is exercised by the agents of the Ministry of Defense.
The penalties provided for in this section are applicable to litigants of the military courts of the armed forces in accordance with the code of military justice, and in particular its articles 165 and 171.

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