#2021-266Application of the Nairobi Wreck Removal Convention
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The law mandates action for the removal of shipwrecks or hazardous cargo in French waters to prevent environmental harm. It requires ship owners to secure financial insurance and allows authorities to enforce removal at the owner’s expense if they fail to act. This affects shipowners using French flags or ports.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Shipowners must have financial insurance to cover wreck removal costs.
- Authorities can enforce wreck removal if owners fail to act promptly.
- Applicable to ships flying French flags or docking at French ports.
Obligations
What this law requires
Ship owners must secure insurance or other financial guarantee satisfying the Nairobi Convention requirements when the vessel operates under French flag, enters/exits a French port, or accesses installations in French territorial waters
Ship owners must carry on board a valid certificate attesting to current insurance or financial guarantee with all mentions required by Article 12 of the Nairobi Convention
Upon receiving a directive from competent authority, ship owners/operators must take all necessary measures to eliminate danger from hazardous substances, dangerous cargo, or hydrocarbons in case of accident in French waters or exclusive economic zone
Ship owners/operators must bear all costs, risks, and liability for removal measures executed by French authorities if they fail to comply with removal directives or if urgent intervention is needed
Failure to maintain required insurance or financial guarantee as specified in Article L. 5123-2 IV constitutes a violation subject to penalties