PENALTIES FOR POLLUTANT DISCHARGES FROM SHIPS
LexInter | January 31, 2003 | 0 Comments

PENALTIES FOR POLLUTANT DISCHARGES FROM SHIPS

Article L218-10
(Ordinance n ° 2000-916 of September 19, 2000 art. 1 I Official Journal of September 22, 2000 in force on January 1, 2002)

(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.

Article L218-11
(Ordinance n ° 2000-916 of September 19, 2000 art. 1 I Official Journal of September 22, 2000 in force on January 1, 2002)

(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.

Article L218-12
The penalties provided for in article L. 218-11 are applicable for discharges at sea in violation of rules 9 and 10 of appendix I of the agreement mentioned in article L. 218-10, to the person in charge of the conduct all port equipment, barges or river tankers, whether self-propelled, towed or pushed.
Article L218-13
(Ordinance n ° 2000-916 of September 19, 2000 art. 1 I Official Journal of September 22, 2000 in force on January 1, 2002)

(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.

Article L218-14
The penalties provided for in article L. 218-10 shall be punished by the fact, for any captain of a French vessel, subject to the provisions of appendix II of the agreement mentioned in article L. 218-10, carrying bulk of noxious liquid substances, as defined in 1 of rule 3 of the said annex, to be guilty of infringements of the provisions of 1, 2, 7, 8 and 9 of rule 5 of the said annex relating to the prohibitions of discharges , defined in 3 of article 2 of the convention, of noxious liquid substances.
Article L218-15
The penalties provided for in article L. 218-11 shall be punished by the fact, for any captain of a French vessel subject to the provisions of appendix II of the agreement mentioned in article L. 218-10, transporting in bulk noxious liquid substances, as defined in 1 of rule 3 of said annex, to be guilty of infringements of the provisions of 3, 4, 6 and 11 of rule 5 of said annex relating to the prohibitions of discharges, defined in 3 of Article 2 of the Convention, noxious liquid substances.
Article L218-16
The penalties provided for in Articles L. 218-10, L. 218-11, L. 218-13, L. 218-14, L. 218-15, L. 218-17 and L. 218-18, the fact, for any captain or person in charge on board French vessels subject to the agreement mentioned in article L. 218-10, of committing the offenses defined in articles L. 218-10, L. 218-14 , L. 218-15, L. 218-17 and L. 218-18 in inland waterways up to the limits of maritime navigation.
Article L218-17
The penalties provided for in Article L. 218-13 shall be punished by the fact, for any captain of a French vessel, of throwing into the sea harmful substances transported in packages or in containers, portable tanks, tank trucks. or tank wagons, in violation of the provisions of rule 7 of appendix III of the agreement mentioned in article L. 218-10.
Article L218-18
The penalties provided for in article L. 218-11 are punishable by 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, of being guilty infringements of the provisions of rules 3, 4 and 5 of annex V, relating to the prohibitions of discharges, within the meaning of 3 of article 2 of the convention, of garbage, as defined in 1 of rule 1 of the said annex.
Article L218-19
(Ordinance n ° 2000-916 of September 19, 2000 art. 1 I Official Journal of September 22, 2000 in force on January 1, 2002)

(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.

Article L218-20
(Law n ° 2001-380 of May 3, 2001 art. 5 Official Journal of May 4, 2001)

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.

Article L218-21
In the economic zone off the coasts of the territory of the Republic, French territorial waters, internal waters and waterways up to the limits of maritime navigation, the provisions of this sub-section apply, under the conditions provided for in Articles L. 218-10, L. 218-11, L. 218-13 to L. 218-19, to foreign vessels and platforms even registered in a territory under a government not party to the mentioned convention in Article L. 218-10.
However, only the fines provided for in Articles L. 218-10, L. 218-11 and L. 218-13 to L. 218-19 may be imposed when the
Article L218-22
Without prejudice to the penalties provided for in this sub-section in matters of infringements of the rules on discharges, recklessness, negligence or non-observance of laws and regulations, resulting in a marine accident as defined by the convention of 29 November 1969 on intervention on the high seas, is punishable in the person of the captain or the person in charge of the conduct or the operation on board French or foreign ships or platforms, which caused such an accident or has not taken the necessary measures to avoid it, when this accident has caused pollution of territorial waters, internal waters or inland waterways up to the limit of maritime navigation.
When the offense is committed by means of a vessel falling within the categories defined in article L. 218-10 or of a platform, it is punishable by penalties equal to half of those provided for in said article.
When the offense is committed by means of a ship or device falling within the categories defined in Articles L. 218-11, L. 218-12 and L. 218-13, it is punishable by penalties equal to half of those provided for in said articles.
The penalties provided for in the two preceding paragraphs are applicable either to the owner, or to the operator or to their legal representative or de facto manager if it is a legal person, or to any person other than the captain or the manager. on board exercising, in law or in fact, a power of control or direction in the management or the operation of the ship or the platform, when this owner, this operator or this person was at the origin of a pollution under the conditions defined in the first paragraph.
Rejection resulting from measures aimed at avoiding a serious and imminent danger threatening the safety of ships shall not be punishable under this article,
Article L218-23
The provisions of Articles L. 218-10 to L. 218-20 inclusive and L. 218-22 are not applicable to ships, platforms and maritime or river vehicles of any kind belonging to the national navy, to the police services. or the gendarmerie, the customs administration, the administration of maritime affairs or, in general, to all government ships used for police or public service operations at sea.
Article L218-24
The court may, taking into account the factual circumstances and in particular the working conditions of the person concerned, decide that the payment of the fines pronounced against the captain or the person in charge on board, under articles L. 218-10 to L. 218-22, is in whole or in part, the responsibility of the operator or the owner.
The court can only use the option provided for in the previous paragraph if the owner or operator has been summoned to the hearing.
The natural persons guilty of the offenses provided for in this sub-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 L218-25
(Law n ° 2001-380 of May 3, 2001 art. 7 Official Journal of May 4, 2001)

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.

Article L218-26
I. – Independently of the officers and agents of the judicial police, who exercise their powers in accordance with the code of criminal procedure, are empowered to note the infringements of the provisions of rules 9, 10, and 20 of annex I, of rule 5 of Annex II, Regulation 7 of Annex III, Rules 3, 4 and 5 of Annex V and Protocol I of the International Convention for the Prevention of Pollution from Ships referred to in Article L 218-10, infringements of the provisions of this sub-section as well as infringements of the regulatory provisions adopted for their application:
1 ° The administrators of maritime affairs;
2 ° The officers of the technical and administrative body of maritime affairs;
3 ° Inspectors of maritime affairs;
4 ° Expert technicians from the maritime navigation safety service;
5 ° The controllers of maritime affairs;
6 ° Embarked personnel for assistance and surveillance of maritime affairs;
7 ° Officials and sworn and commissioned agents of maritime services and autonomous ports;
8 ° Mining engineers and public works engineers of the State assigned to the mining service of the mineralogical districts concerned;
9 ° Port officers and deputy port officers;
10 ° The researchers, engineers and sworn technicians of the French Research Institute for the Exploitation of the Sea;
11 ° Customs officers;
12 ° Abroad, the consuls of France, excluding consular agents.
II. – In addition, breaches of the provisions of Rules 9 and 10 of Annex I, Rule 5 of Annex II, Rule 7 of Annex III and Rules 3, 4 and 5 of Annex V of the above-mentioned convention can be observed by the commanders, second in command or second officer of the ships of the national navy and the captains of the aircraft of the national navy.
Article L218-27
Are responsible for investigating the offenses constituting the offense of pollution of sea water, to collect for this purpose all information with a view to discovering the perpetrators of these offenses and to report them either to a judicial police officer exercising his powers in accordance with the provisions of the Code of Criminal Procedure, either to an officer or an inspector of maritime affairs:
1 ° The commanders of State oceanographic vessels;
2 ° The captains of civil defense aircraft and State aircraft assigned to the surveillance of maritime waters;
3 ° The agents of the lighthouse and beacon service;
4 ° The agents of the French research institute for the exploitation of the sea;
5 ° River fishing police officers.
Article L218-28
The reports drawn up by the agents mentioned in article L. 218-26 are authentic until proven otherwise. They are immediately transmitted to the public prosecutor by the official reporting agent who at the same time sends a copy to the administrator of maritime affairs in the case of ships or platforms or to the engineer of the roads and bridges. responsible for the maritime service in the case of port equipment, barges or river tankers.
Article L218-29
(Law n ° 2001-380 of May 3, 2001 art. 6 Official Journal of May 4, 2001)

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.

Article L218-30
(Law n ° 2001-380 of May 3, 2001 art. 8 Official Journal of May 4, 2001)

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.

Article L218-31
If the acts constituting the offenses listed in Articles L. 218-10 to L. 218-22 have caused damage to the maritime public domain, the administration can only sue before the administrative court according to the procedure for major road traffic fines. of this damage.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image