PENALTIES FOR POLLUTANT DISCHARGES FROM SHIPS

(Law n ° 2001-380 of May 3, 2001 art. 1 Official Journal of May 4, 2001)

I. – Is punished by four years’ imprisonment and a fine of 600,000 euros for any captain of a French ship subject to the provisions of the international convention for the prevention of pollution from ships, made in London November 2, 1973, as modified by the protocol of February 17, 1978 and by its subsequent amendments duly approved or ratified, falling into the following categories:
1 ° Tankers of a gross tonnage equal to or greater than 150 tons;
2 ° Vessels other than tankers of a gross tonnage equal to or greater than 500 tons,
to be guilty of infringement of the provisions of rules 9 and 10 of appendix I of the convention, relating to the prohibitions of discharges of hydrocarbons, as defined in 3 of article 2 of this convention.
II. – The penalties provided for in this article are applicable to the person in charge on board the operation of platforms registered in France for discharges at sea carried out in violation of rules 9 and 10 of appendix I of this convention.

(Law n ° 2001-380 of May 3, 2001 art. 2 Official Journal of May 4, 2001)

Is punished by two years’ imprisonment and a fine of 180,000 euros for the fact, for any captain of a French ship subject to the provisions of the agreement mentioned in article L. 218-10 and belonging to the following categories:
1 ° Tankers of less than 150 tons gross tonnage;
2 ° Vessels other than tankers with a gross tonnage of less than 500 tons and whose propulsion machinery has an installed power greater than 150 kilowatts,
from committing one of the offenses provided for in article L. 218-10.

(Law n ° 2001-380 of May 3, 2001 art. 3 Official Journal of May 4, 2001)

Is punished by a fine of 6,000 euros and, in addition, in the event of a repeat offense, double this penalty and one year’s imprisonment, the fact, for any captain or person in charge on board a French ship subject to the provisions of the agreement mentioned in article L. 218-10 not belonging to the categories of vessels defined in articles L. 218-10 and L. 218-11, to commit one of the offenses provided for in article L. 218 -10.

(Law n ° 2001-380 of May 3, 2001 art. 4 Official Journal of May 4, 2001)

The fact, for any captain of a French ship to which has occurred, at sea or in French inland waters and inland waterways up to the limits of maritime navigation, one of the events mentioned in Protocol I of the convention mentioned in Article L. 218-10 or any other person in charge of the ship, within the meaning of article 1 of this protocol, not to draw up and transmit a report in accordance with the provisions of said protocol, is punished by two years’ imprisonment and 180 000 euros fine.

Without prejudice to the penalties provided for in this subsection with regard to the captain or the person in charge on board, the penalties provided for in this subsection are applicable either to the owner or to the operator or to their legal representative or manager of the vessel. made in the case of a legal person, either to any person other than the captain or responsible on board exercising, in law or in fact, a power of control or direction in the management or operation of the ship or of the platform, when this owner, operator or person was at the origin of a release carried out in violation of Articles L. 218-10 to L. 218-19 or did not take the necessary measures to avoid it.

I. – Legal persons may be declared criminally responsible, under the conditions provided for in article 121-2 of the penal code, for the offenses defined in this sub-section.
II. – They incur the following penalties:
1 ° The fine, in accordance with the terms set out in article 131-38 of the penal code;
2 ° The penalties mentioned in 5 °, 6 ° and 9 ° of article 131-39 of the penal code.

I. – As soon as they have been committed in French territorial waters, internal waters and waterways up to the limits of maritime navigation, breaches of the provisions of the convention mentioned in article L. 218-10 and those of this sub-section, as well as the related offenses, are judged by a specialized maritime coastal high court, possibly competent over the jurisdictions of several courts of appeal under the conditions provided for by this present article.
A decree fixes the list and the jurisdiction of these courts.
II. – The Paris tribunal de grande instance has jurisdiction over offenses committed in the French exclusive economic zone as well as those committed by the captains of French ships on the high seas.
III. – Have concurrent jurisdiction with the courts designated in I and II for the prosecution and investigation of offenses committed in territorial waters and in the exclusive economic zone, the high courts competent in application of articles 43, 52, 382, ​​663 , second paragraph, and 706-42 of the Code of Criminal Procedure.
IV. – In each jurisdiction referred to in I, II and III, one or more investigating judges are appointed to investigate the facts likely to constitute an infringement of this subsection.
V. – When they are competent in application of the provisions of this article, the public prosecutor and the examining magistrate of the court mentioned in I exercise their powers over the whole extent of the jurisdiction of this court.

The vessel which has been used to commit one of the offenses defined in articles L. 218-10 to L. 218-22 may be immobilized by decision of the public prosecutor or the examining magistrate seized.
This immobilization is made at the expense of the owner.
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.