Flag and water
Governing: décret 2015-723 (titles); Code des transports L5241-1-1 and L5561-1 et seq.; arrêté of 6 Jul 2011. Builds on: L1.1.
Two separate questions
Crew often merge two questions that French law keeps apart.
- Whose flag? The flag State certifies the crew. On a French-flag yacht you need French titles, or foreign ones endorsed with a visa de reconnaissance. On a Cayman, Maltese or Marshall Islands yacht, you need whatever that flag requires.
- Whose water? The coastal State sets the local rules. In French waters the Préfet maritime's orders on speed, the 300 m band and anchoring apply to every vessel, whatever the flag.
Worked cases
| Situation | Crew certificates | French rules that bite |
|---|---|---|
| Red Ensign yacht, private use, cruising Corsica | Flag State (MCA or Red Ensign register) | Préfet maritime orders: 300 m band, posidonia anchoring |
| Same crew moves to a RIF yacht | French titles or visa; master nationality rule | All of the above, plus French labour and manning |
| Maltese-flag yacht doing day charters mostly from Cannes | Flag State | Host-State regime: French labour, manning, pay and social rules; master EU/EEA/Swiss or agreement national; 72 h declaration |
| French resident's Delaware-registered RIB | Licence per French rules (L5241-1-1) | French equipment rules too |
The host-State regime
The dispositif de l'État d'accueil (Code des transports L5561-1 et seq.) applies in metropolitan France to:
- ships under 650 GT providing national cabotage or cruises; and
- any ship providing a service mainly in French territorial or internal waters.
When it applies, the crew get French rules on labour law, minimum manning, minimum pay and social protection. The master and deputy must be nationals of the EU, EEA, Switzerland or an agreement State. Foreign-flag operators must file a prior declaration, in French, at least 72 hours before starting, through Démarche numérique. French-flag ships with a permis d'armement are exempt from that declaration. Lesson L4.2 returns to charter.
CAUTION — 'mainly in French waters' is a question of fact A foreign-flag yacht that spends its season running charters out of one Riviera port looks very much like the second category. Do not assume a foreign flag keeps French employment law away.
Leisure licences on foreign crew
For the tender and for your own boating, the arrêté of 6 Jul 2011 says:
- EU, EEA and Monaco licences are valid on French-flag boats within their own privileges.
- Other foreign licences may also be used within their privileges, but checks require the original plus a sworn French translation.
- On a foreign-flag boat, the flag State's rules normally apply. The exception is L5241-1-1: French licence and equipment rules apply to foreign-flag boats and jet skis owned or used by French residents.
The ICC is not mentioned in the arrêté. A UK national with only an RYA ICC and no national licence has no clear right to helm a French-flag boat over 4.5 kW. Treat that as unsettled.
TIP — Monaco is not France Monaco has its own flag, titles and maritime authority. French law stops at its border, even though the coastline is continuous.
Summary
Flag decides your certificates; water decides the local rules. The host-State regime is the bridge that brings French employment rules aboard foreign-flag yachts working in French waters.