Please find below the prefectural order of 24 April 2020, concerning the regulation of ships and maritime activities.
Your questions are numerous regarding the implementation of order 54/2020, click on the link below to get the answers to these questions:
List of articles in the order of 24 April 2020:
- ARTICLE 1 This order applies in French inland and territorial waters of the Mediterranean, as well as on the bodies of water of lagoons and salt marshes on the maritime public domain until the end of the measures enacted by the Government to regulate movement.
- ARTICLE 2 In order to prevent the spread of the COVID-19 virus and subject to the powers of mayors under Article L.2213-23 of the Code of Local Government, Water activities are prohibited.. Regarding maritime navigation, and subject to the provisions laid down in Article 5 of this Order, of the ships listed below remains the only one authorised :
- merchant ships providing logistical links ;
- ships providing personnel transport services for the crew changes of merchant vessels (subject to compliance with the conditions set out in Article 6 of this Order); ;
- fishing vessels used for the purposes of their fishing activity; ;
- passenger ships providing a regular service under territorial continuity arrangements; ;
- professional vessels ensuring the supply of the French Mediterranean coastal islands; ;
- pleasure vessels belonging to permanent residents, who can prove their principal residence on an island under Article 150 U of the General Tax Code, solely for the purpose of supplying their household, for direct journeys to the nearest mainland port; ;
- cruise ships and non-regular passenger ships whose calls at port are accepted by the authority vested with port police powers; ;
- ships used in connection with works on offshore infrastructure and developments, coastal erosion protection, or in ports; ;
- ships participating in scientific marine research campaigns or those of strategic interest, as well as monitoring campaigns authorised by the maritime authority or the prefects of coastal departments; ;
- ships undergoing repair at a shipyard as part of a towage or sea trials; ;
- Professional vessels providing pilotage services; ;
- ships providing a refuelling service to other ships.
These vessels are also authorised to anchor in compliance with current regulations. The captains of vessels whose navigation remains authorised in accordance with the exclusions listed above and shipyard operators must make a declaration (see document in annex 1), with 72 hours' notice working days before their trip, at the following email address: contact@premar-mediterranee.gouv.fr and keep a copy on board during navigation. If there is no response from the maritime authority within 72 hours (working days), the movement will be considered authorised.
- ARTICLE 3 For public order measures, The organisation of any maritime event at sea is also prohibited.
- ARTICLE 4 Subject to the provisions laid down in Article 5 of this Order, All vessels flying a foreign flag shall be permitted to exercise their right of innocent passage in order to traverse, continuously and expeditiously, French territorial waters or to join the high seas. With the exception of those falling under the categories of vessels listed in Article 2, foreign vessels are not permitted to anchor or stop along the French coasts, except in exceptional circumstances. provided for by Article 2 of Decree No. 85-185 of 6 February 1985 and in cases of force majeure.
- ARTICLE 5 French ships and those flying a foreign flag subject to the prohibitions in this order are authorised to proceed to their home port on the French Mediterranean coast, provided they have made a declaration with 72 hours' notice. working days before their arrival, at the following email address: contact@premar-mediterranee.gouv.fr. If there is no response from the maritime authority within 72 hours (working days), the movement will be considered authorised.
- ARTICLE 6 Crew changes at sea are permitted for French and foreign merchant vessels in French inland and territorial waters of the Mediterranean, in compliance with current regulations., to the right of an entry point within the meaning of Article R3115-6 of the Public Health Code and the regulations relating to the border crossing regime for persons (see Annex II), subject to:
- from obtaining prior agreement from the port authority of the point of entry at which the operation is planned and forwarding it in writing to the maritime authority; ;
- on the application of the provisions laid down in Article 2 of the prefectoral order No. 38/2020 setting out the arrangements for applying to ships anchored in French territorial and inland waters of the Mediterranean, the governmental health control measures decided to deal with the 2019 coronavirus (covid-19) epidemic of 23 March 2020; ;
- prior notification from the maritime authority to the following email address: lagarde@mrccfr.eu, with a copy to contact@premar-mediterranee.gouv.fr, 72 hours (working days) before the operation and confirming the prior written agreement of the port authority at the point of entry where the operation is planned; ;
- from a VHF radio contact with the competent CROSS one hour before the start of the operation and once the operation is completed; ;
- of weather conditions compatible with the operation, and in any case by sea state equal to or less than 3, established wind less than twenty-five knots.
- ARTICLE 7 French and foreign merchant vessels benefiting from at-sea bunkering services, in French inland and territorial waters of the Mediterranean, are authorised to carry out these movements in compliance with current regulations, subject to:
- following prior agreement from the port authority for the port where the operation is planned, and to transmit this in writing to the maritime authority; ;
- prior information to the Maritime Authority at the following email address: lagarde@mrccfr.eu, cc contact@premar-mediterranee.gouv.fr, 72 hours (working days) before the operation and confirming the prior written agreement of the port authority of the port in relation to which the operation is planned; ;
- from a VHF radio contact with the competent CROSS one hour before the start of the operation and once the operation is completed; ;
- of weather conditions compatible with the operation, and in any case by sea state equal to or less than 3, established wind less than twenty-five knots.
- ARTICLE 8 The provisions of this order do not apply to:
- State ships or vessels; ;
- ships or boats on missions of assistance, rescue or protection of the marine environment; ;
- ships or professional vessels contributing to a public service mission; ;
- vessels or boats belonging to a territorial authority responsible for the surveillance and security of the body of water.
- ARTICLE 9 Infringements of this order shall render their perpetrators liable to the proceedings and penalties provided for by Articles 131-13 and R. 610-5 of the Criminal Code, by Articles L. 5242-2 and L. 5243-6 of the Transport Code, and by Articles 6 and 7 of Decree No. 2007-1167 of 2 August 2007 mentioned above.
- ARTICLE 10 This order repeals and replaces prefectural order n° 037/2020 of 20 March 2020.
- ARTICLE 11 The departmental directors of territories and the sea of the Mediterranean maritime façade, and authorised officers and agents for navigation police, are responsible, each within their own remit, from the implementation of this order, which will be published in the official gazette of administrative acts of the maritime prefecture of the Mediterranean
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