Nationality criterion on minimum safe manning

Minimum safe manning requirements

At the international level, Chapter V of the SOLAS Convention requires that the crew shall be sufficient in number.The IMO Assembly resolution IMO A 1047(27) defines the applicable requirements for the determination of a minimum safe manning document.
At the national level, this is found in article L. 5522-2 of the Transport Code which provides that:
"I.-Every ship is operated with a sufficient number of seafarers, in terms of number and level of professional qualification to guarantee the safety and security of the ship and the persons on board as well as the compliance with watch-keeping, working and rest hours requirements.
II.-The minimum safe manning statement designates the document by which the maritime authority certifies that the ship’s crew level meets the requirements of the relevant international conventions, based on the ship type and the national measures taken for their application."

Training standards are set at the international level by the STCW Convention whose objective is to improve the safety of human life at sea and the protection of the marine environment, by establishing international standards for the qualification and certification of seafarers and standards on watch-keeping. The convention takes into account the increased internationalization of crew. By establishing common standards, and by establishing the procedure for the recognition of certificates, it supports the mobility of officers and crew members between ships flying the flag of different countries.

At the national level, the provisions of the Convention are implemented by the Decree n°2015-723 of June 24, 2015 as amended, on the issuance of maritime professional training certificates and the conditions for performing duties on board ships operating as merchant ships, yachts, fishing and marine cultures vessels.
For more information on the qualifications required on board ships flying the French flag or the training provided in France, check the dedicated page of the State Minister for the Sea website.

Nationality of crewmembers

Article L. 5612-3 of the Transport Code provides that at least 25% of seafarers as crewmembers on board ships under the RIF, must be nationals of a member State of the European Union, a State party to the agreement on the European Economic Area or Switzerland or a State party to any international agreement with the same scope in terms of residence and working rights.
However, for ships that benefited from the tax relief scheme (this does not includes the French tax lease and the green extra depreciation) granted for their acquisition, this percentage is 35% (based on the safe manning document).

• Note: Compliance with the requirement mentioned in the previous paragraphs of this article may, at the request of the shipowner, be assessed on the basis of the entire fleet of ships under the RIF operated by the shipowner, rather that on an individual ship basis. Compliance with that specific requirement is checked annually.