The captain is in charge of the safety of the maritime expedition, and in particular of the navigation, the departure, the entry, and the exit of the ports with the assistance of the pilot and the tugs. The ISM code of the International Maritime Organization has maintained its prerogatives, at least in appearance, since it is up to it to implement the company’s security policy, to give all appropriate orders and instructions. Timzero Professional can help a ship captain navigate more accurately while piloting your boats or ships in the middle of an ocean.
The captain is the authority of the board, which is affirmed by article 1 st of the Disciplinary and Penal Code of the Merchant Shipping (CDPMM) regular and illegal alike. Decree No. 60-1193 defines and delimits its disciplinary and penal power; this power is subject to the principle of legality, it is in no way arbitrary, through the discipline book, the logbook, the sea reports, the captain is accountable both to his armament and to the administration of the ship.
This function of command and representation of the law of the flag State, in particular on the high seas, justified the privilege of nationality of the ship’s captain and the deputy officer. On board a French ship, these functions could only be performed by nationals. While the law of 3 May 2005 creating the French international register (RIF) maintained this privilege of nationality, exception to the principle of equal treatment of Community nationals, two judgments of the Court of Justice of the European Communities have called into question the compatibility of this privilege of nationality with Community law.
On board inshore fishing vessels flying the German flag, as on board merchant vessels connecting the Canaries to the Iberian Peninsula, the captain’s public authority prerogatives are potential, but do not give rise to an effective, regular exercise, liable to reserve. these jobs to nationals. If the civil status, notarial or coercive functions of ship captains do indeed constitute prerogatives of public power, the practical exercise is weak or nil.
The criminal chamber of the Court of Cassation concluded that it was no longer possible to suppress the employment of a Spanish captain on board a French fishing vessel. These judgments convinced the European Commission to change its interpretation and to consider infringement proceedings against the Member States which maintain in their national legislation the privilege of nationality of the captain and the deputy officer.
It seems that only Italy has abandoned this classic approach to maritime law since the 1998 law. These judgments have led the European Commission to change its approach, to abandon all maritime exceptions and to implement infringement proceedings against Member States maintaining in their national legislation the privilege of nationality of the master and the deputy officer. On February 15, 2007, the Commission of the European Communities brought an infringement action against France. The Senate adopted Bill No. 415 on September 18, 2007, in order to adapt the maritime labor code, the customs code, the disciplinary and penal code of the merchant navy.
It is necessary to define the legal and linguistic knowledge that a Community national must master in order to represent the flag State on the high seas, such as in territorial waters and to command a French commercial, pleasure craft or sea fishing vessel.
