Francization: link between France and the ship

With the "francization" of a ship, it becomes possible to meet the requirement for a substantial link between the ship and the flag State, as set under the United Nations Convention on the law of the Sea (UNCLOS or Montego Bay Convention), and it is defined in the Transport Code.

« « Francization confers to the ship the right to fly the flag of the French Republic and the advantages attached to it. » (art. L. 5112-1-1, Transport Code).

Which conditions apply to a ship francization?

First condition: to become French a ship shall be built in the territory of a member State of the European Union or shall have paid the import duties and taxes payable there (art. L. 5112-1-2, Transport Code).

Second condition : a "francised" ship shall fulfill one of the following conditions (art. L. 5112-1-3 Transport Code) :

Specific conditions for ships under bareboat charter

Ships under bareboat charter may retain the French flag only if, for the charter duration, they are managed and controlled from a permanent institution located on the French territory.
It is possible to suspend the francization of a bareboat chartered ship at the request of the charterer when the latter wishes to operate a ship under a foreign flag during the charter party period. This suspension is performed as a "freezing" of the French flag.

• In the case of a maritime mortgage published and recorded in accordance with Article 246 of the Customs Code, the suspension is subject to the prior agreement of the mortgage creditors. However, it cannot be performed if the State of the foreign flag allows, in such a case, the registration of new mortgages on its records. This mortgage remains recorded on the register provided for this purpose.

Consequences of non-compliance with the conditions for francization

A ship no longer fulfilling one of the conditions mentioned in articles L. 5112-1-2 and L. 5112-1-3 of the Transport Code is automatically removed from the French flag by the competent authority.

• A ship cannot be automatically removed if it is the subject of a maritime mortgage published and recorded in accordance with article 246 of the Customs Code.