Sybarite
Well-known member
Customs :
The amendment of Art 62 of the Code des Douanes (via the loi N° 2014-742) adds some constraints on what Custom agents may do.
Previously they could almost do anything they wanted:
• Reroute vessels
• Search it everywhere without a warrant whether at sea or in a port.
They still have extensive powers but the amendment formulates the way in which they may exercise their powers because certain previous practices were in contravention of the European Convention on Human Rights.
Now searching of the private areas: saloon and cabins, may only be performed in the presence of the owner or of his representative. The search must lead to an immediate written report, a copy of which is given to the owner at the time. The agent must inform the owner of his right to appeal to the courts within a 15 day period.
Failure to do any of this will result in the abandonment of the procedure, the reimbursement of any fines imposed and possibly the right to reclaim indemnities.
Customs agents will only be allowed to reroute a vessel if the weather conditions make boarding unsafe, or if the planned check is sufficiently detailed to require it.
With respect to checks in a port, the aspect of the right to privacy has been established. The skipper may refuse to allow checks on the private parts of the vessel if he has been on the mooring (port, buoy or anchor) for more than 72 hours. Beyond this fixed period, the living quarters may only be checked if there is a warrant signed by the “Juge des libertés et de la détention”.
In other words the vessel is considered an extension of the home even if it’s not occupied.
Liferafts
Previously the French authorities would only accept rafts homologated by the Bureau Veritas. The market will be opened in the near future to rafts certified by other recognized organizations which will increase competition. This said, Plastimo rafts came out on top on a recent comparative test.
The differences between an unlimited category raft (H) and a coastal raft (C) are :
Distances from shelter : H : unlimited C : 60 nm.
Norm ISO : H : 9650 – 1 C : 9560 – 2
Inflation temperature : H : -15° +65° C : 0° +65°
Insulated floor : H : Yes C : No
Freeboard : H : 250mm for 4 persons, 300mm for > 4 C : 200mm for 4 persons, 250mm for >4
Interior floorspace per person : H : 0.372m² C : 0.250m²
Buoyancy per person : H : 96 l C : 82 l
Automatic deployment of the tent H : Yes C : No
Luminosity of the external lamp : H : 4.3cd C : 0.75cd
In practice there is not a great difference in price between the two (25%) so most of the rafts being manufactured are the H category.
New sailing category
With respect to Division 240 which stipulates the necessary equipment to have on board, as from May 1, a new “semi-high seas category has been created relating to sailing up to 60 miles from a shelter (ie the old category 3) – a shelter being defined as that part of the coast where the crew can moor, land and be able to leave without assistance, such conditions being related to the type of craft concerned.
The previous categories were 2 nm, 6 nm and unlimited.
In this new category, a fixed VHF becomes obligatory (as from Jan 1, 2017). Until then it’s optional provided you have at least three rocket flares and two smoke flares on board.
For French waters a portable VHF is also required.
http://aubbri.fr/VHF/VHF.htm
For the unlimited category, an EPIRB – SARSAT with an MMSI is now obligatory and the coastal liferaft (up to 6 miles) is no longer sufficient.
A satellite phone is recommended.
The amendment of Art 62 of the Code des Douanes (via the loi N° 2014-742) adds some constraints on what Custom agents may do.
Previously they could almost do anything they wanted:
• Reroute vessels
• Search it everywhere without a warrant whether at sea or in a port.
They still have extensive powers but the amendment formulates the way in which they may exercise their powers because certain previous practices were in contravention of the European Convention on Human Rights.
Now searching of the private areas: saloon and cabins, may only be performed in the presence of the owner or of his representative. The search must lead to an immediate written report, a copy of which is given to the owner at the time. The agent must inform the owner of his right to appeal to the courts within a 15 day period.
Failure to do any of this will result in the abandonment of the procedure, the reimbursement of any fines imposed and possibly the right to reclaim indemnities.
Customs agents will only be allowed to reroute a vessel if the weather conditions make boarding unsafe, or if the planned check is sufficiently detailed to require it.
With respect to checks in a port, the aspect of the right to privacy has been established. The skipper may refuse to allow checks on the private parts of the vessel if he has been on the mooring (port, buoy or anchor) for more than 72 hours. Beyond this fixed period, the living quarters may only be checked if there is a warrant signed by the “Juge des libertés et de la détention”.
In other words the vessel is considered an extension of the home even if it’s not occupied.
Liferafts
Previously the French authorities would only accept rafts homologated by the Bureau Veritas. The market will be opened in the near future to rafts certified by other recognized organizations which will increase competition. This said, Plastimo rafts came out on top on a recent comparative test.
The differences between an unlimited category raft (H) and a coastal raft (C) are :
Distances from shelter : H : unlimited C : 60 nm.
Norm ISO : H : 9650 – 1 C : 9560 – 2
Inflation temperature : H : -15° +65° C : 0° +65°
Insulated floor : H : Yes C : No
Freeboard : H : 250mm for 4 persons, 300mm for > 4 C : 200mm for 4 persons, 250mm for >4
Interior floorspace per person : H : 0.372m² C : 0.250m²
Buoyancy per person : H : 96 l C : 82 l
Automatic deployment of the tent H : Yes C : No
Luminosity of the external lamp : H : 4.3cd C : 0.75cd
In practice there is not a great difference in price between the two (25%) so most of the rafts being manufactured are the H category.
New sailing category
With respect to Division 240 which stipulates the necessary equipment to have on board, as from May 1, a new “semi-high seas category has been created relating to sailing up to 60 miles from a shelter (ie the old category 3) – a shelter being defined as that part of the coast where the crew can moor, land and be able to leave without assistance, such conditions being related to the type of craft concerned.
The previous categories were 2 nm, 6 nm and unlimited.
In this new category, a fixed VHF becomes obligatory (as from Jan 1, 2017). Until then it’s optional provided you have at least three rocket flares and two smoke flares on board.
For French waters a portable VHF is also required.
http://aubbri.fr/VHF/VHF.htm
For the unlimited category, an EPIRB – SARSAT with an MMSI is now obligatory and the coastal liferaft (up to 6 miles) is no longer sufficient.
A satellite phone is recommended.
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