"Host State disposal" for social conditions
What is the "Host State disposal"?
The "Host State disposal", codified in articles L. 5561-1 et seq. and R. 5561-1 et seq. of the French Transport Code, is designed to ensure the application of uniform rules on labour law, minimum safe manning, minimum wage and social protection on board ships engaged in maritime cabotage or providing a service in French territorial or inland waters, regardless of their flag.
What is the scope of the "Host State disposal"?
The "Host State disposal" applies to the following vessels:
- ships < 650 UMS with access to national maritime cabotage and providing a continental cabotage and cruise service ;
- ships with access to national maritime cabotage and providing an island cabotage service (with the exception of cargo ships with a gross tonnage > 650 UMS when the voyage concerned follows or precedes a voyage to or from another State);
- ships used to provide a service principally in French territorial or inland waters;
- ships used for any service provision activity carried out on the continental shelf or in the exclusive economic zone (EEZ) with a view to the construction, installation, maintenance and operation of installations relating to the production of offshore renewable energy (MRE).
Vessels flying the French flag under the RIF and falling into one of the above categories fall within the scope of the "Host State disposal".
Which vessels are subject to the declaration of activity of the "Host State disposal"?
Any French or foreign shipowner or their representative whose vessel(s) fall(s) within the scope of the "Host State disposa"l must make a prior declaration of activity.
This declaration must be made, in French, by electronic transmission via the website "simplified procedures", at least 72 hours before the start of the activity.
A declaration must be made for each activity and all vessels involved in the activity must be listed on the same declaration (for more than 4 vessels, the shipowner must complete a second declaration).
The declaration is sent electronically via the "simplified procedures" website to the local directorate for territories and the sea (DDTM) of the first port reached by the vessel or, if no port is reached, to the DDTM closest to the activity being carried out.
| Declaration of activity to the relevant DDTM prior to arrival in the first French port affected ("Host State disposal") | |
|---|---|
| Vessels flying the French flag (including RIF vessels) and holding an administrative licence | Not subject to this obligation (art. R. 5232-9, French Transport Code) |
| Vessels flying foreign flags | Yes, they are subject to this obligation (art. R. 5561-2, French Transport Code) |
Are vessels flying the French flag under the RIF likely to be inspected by the DDTM to check that they comply with the "Host State disposal"?
Yes, vessels flying the French flag registered under the RIF and carrying out activities that fall under the jurisdiction of the "Host State disposal" can be inspected by the inspection units of a local directorate for territories and the sea (DDTM) to ensure that they comply with the "Host State disposal".
What social conditions apply to workers involved in marine renewable energy (MRE) activities in French territorial waters?
All the social conditions of the "Host State disposal" for MRE-related activities in French waters are detailed on the website of the State Ministry for the Sea and in the note published by the Maritime Labour Office of the Directorate-General for Maritime Affairs, Fisheries and Aquaculture (GM3/DGAMPA) in July 2024 (below).