Seafarers who are seamen, seafarers non seamen and non seafarers
France has chosen to distinguish crew members on ships flying the French flag according to a categorisation set out in decree no. 2015-454 of 21 April 2015 on the qualification of seafarers and seamen.
Seafarers who are seamen
Seafarers are all employed or self-employed persons carrying out a professional activity on board a ship (4°, art. L. 5511-1, French Transport Code).
Among seafarers, the following are seamen on board all ships (3°, art. L. 5511-1, art. R. 5511-1 and art. R. 5511-2, French Transport Code):
- those who carry out an activity directly linked to the running, operation, maintenance and operations of the ship;
- persons responsible for preparing or serving meals for seafarers;
- hydrographers
- persons in charge of marine pilotage;
- persons in charge of boatage;
- the doctor or nurse, when their presence is required by maritime regulations.
The following are also seamen on board passenger ships and commercial yachts (art. R. 5511-2, French Transport Code):
- persons in charge of cleanliness, hotels, catering, sales and passenger reception;
- the ship’s writer (in French : "écrivain du bord").
The following are also seamen on board vessels assigned to the operation of conceded plots of land in the public maritime domain requiring total navigation of 3 miles or more (art. R. 5511-2, French Transport Code): the personnel manning these vessels.
What does seafarer status entail?
- medical fitness to be checked by the Seafarers National Health Service ;
- application for a national seafarer number ;
- affiliation to the ENIM regime, the social security for seafarers who are seamen ;
- a specific labour law.
Seafarers non seamen
Seafarers include all employed or self-employed persons working on board a ship (4°, art. L. 5511-1, French Transport Code).
Among seafarers, the following are non seamen on board all ships (art. R. 5511-4, Transport Code):
- agents employed by private ship protection companies and holding a professional card issued by the National council for safety private activities;
- personnel who are not on the list of seafarers not-seamen (see below, art. R. 5511-5, French Transport Code) and who are on board for at least 45 days in any period of 6 consecutive months.
On board operating and exploration vessels, seafarers other than seamen are persons (art. R. 5511-3, Transport Code) preparing or serving meals to persons employed in one of the following activities:
- installation and construction of subsea production units;
- drilling of wells, oil or gas fields;
- construction and maintenance of platforms, artificial islands, structures or installations at sea.
What does being a seafarer other than a seaman entail?
- medical fitness to be checked by the Seafarers national health service;
- application for a national seafarer number;
- affiliation to the French general social security system;
- specific labour law.
Non seafarers
The following are not seafarers on board all ships (art. R. 5511-4, French Transport Code):
- personnel working exclusively on board a ship at berth or at anchor;
- fisheries or marine fauna and flora observers ;
- shipowner’s or customer’s representatives;
- interpreters;
- photographers;
- journalists;
- researchers;
- artists, models or other cultural professionals;
- butlers;
- gourmet chefs ;
- ministers of religion;
- persons in charge of activities relating to well-being or sport;
* passengers’ employees; - personnel other than researchers and hydrographers participating in the research mission on board oceanographic or fishing vessels;
- workers, technicians or engineers;
- personnel providing non-maritime training;
- persons engaged in marine farming activities who are not covered by 3° of article R. 5511-2 of the French Transport Code;
- persons training to drive ships and motorised pleasure craft at sea and on inland waters as referred to in article L. 5272-3 of the Transport Code;
- persons undergoing a period of work experience referred to in article L. 5545-8-4 of the French Transport Code;
- public servants (civil servants, military personnel, contractual employees under public law);
- personnel who are not seafarers seamen, are not included in this list and are on board for less than 45 days.