3-4.4 EXTERNAL RELATIONS

3 _{.4 . 5 . CHARGES, DUES AND REVENUES}

In all French ports, the port dues levied on commercial activities or calls in ports made by vessels are collected by the Customs authorities, one of the services of the Ministry

for Economic Affairs on Finance.

The Law of 28 November 1967 (67-1175) provides for the follow­ ing port dues to be levied on trading vessels :

- a due on the ship, at a rate which varies depending upon the port, imposed on each call both on entering and on leaving the port. This due is based on the cubic metre or fraction of a cubic metre, the taxable volume of the ship being fixed depending upon its physical characteristics. The due is credited to the local authorities or public bodies which finance the port investments?

- a berthing charge, based on the volume of the ship and the length of its stay beyond the period of grace. It is credited to the local authorities or public bodies which finance the port investments;

- a due on goods applied either on the weight or by the unit of goods unloaded, loaded or transhipped. This due, at a rate which varies depending upon the port, is credited to the local authorities or public bodies which finance the port investments;

- a tax on passengers disembarked, embarked or transhipped, levied at a standard rate in all the French ports but varying depending upon the origin or the destination of the passengers. Three quarters of the revenue goes to the local authorities or those public bodies which finance port investments and a quarter goes to the State;

- a French registration and navigation due paid annually by the owner of a ship sailing under the French flag: this due is collected by the Customs for the Treasury (i.e. the State) with no part of it being returned to the ports.

With the exception of the passenger tax whose level is fixed by decree, the level of the taxes which make up port dues is

fixed:

- by the board for the autonomous ports

- by the decision-making body in the local authority or public body which receives the dues for the non-autonomous ports

-in the autonomous ports the proposals for altering the level of port dues are the subject, on the one hand, of a public enquiry and, on the other, of consultation with the Customs and Maritime Affairs services as well as the permanent committees of enquiry.

The proposed tariffs are considered to be approved if the Commissioner of the Government has not objected within 15 days and if this latter objection has not been confirmed within one month by the Minister responsible for seaports.

In the non-autonomous ports the proposed tariffs are the subject of a public enquiry and consultation with the Port Council as well as with the Customs and Maritime Affairs services.

The proposed tariffs are considered to be approved if the Commisssioner of the Republic has not objected within 15 days and if this latter objection has not been confirmed within one month by the Minister responsible for ports.

The date of commencement of new tariffs must be 10 days after the publication of a notice in the Official Journal.

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3.4.6. DIVISION OF RESPONSIBILITY AND POWERS

CHAPTER 6

3.4.6.1. Maritime access

3.4.6.1.1. Autonomous ports

Decisions concerning nearly all port infrastructure are made jointly by the autonomous port authority and the State. This is because the State provides part of the finance. The State provides 80 % and the port authority 20 % of the cost of access channels, exterior breakwaters and sea locks, while their maintenance is financed entirely by the State (Articles 4 and 5 of the Law of 29 June 1965). For the creation of areas of land intended for port purposes (but not for industrial sites) through reclamation (as in the case of land areas formed after filling work has been undertaken) the State contribution towards the cost of filling undertaken by the autonomous port is decided upon in each individual case by the ministry. No dues other than the port dues are levied for the use of these facilities.

The State pays the costs of the maintenance and operation of the sea locks and of the maintenance of access channels, depth in outer harbours and exterior breakwaters.

The State and the autonomous ports have jointly created a "Group of Economic Interest" (GIE) in order to set up, maintain, renew and manage a dredging fleet and other equipment for carrying out dredging in both the autonomous ports and the non-autonomous ports when there is no concession.

For lighthouses and buoys the State provides 100 % of the cost if outside ’ the port and between 60 and 80 % if within the port. There is no general rule concerning radar, where the distribution of costs for each installation is subject to a decision fixing the proportion to be paid by the State and the autonomous port in each individual case.

3.4.6.1.2. Non-autonomous ports

Decisions concerning nearly all port infrastructure are made by the State after consulting the port board. The State provides between 30 and 50 % of the investment cost and the Chamber of Commerce and Industry provides the rest, sometimes with the assistance of local authorities, that is municipal authorities, councils of the department and even regional councils. Usually the State operates and maintains the facilities.

3.4.6.2.1.2. Non-autonomous ports