« Réflexions sur la qualification de navires pour les constructions flottantes en mer »
Résumé
Vessels have been confronted for some time with a wide variety of other floating units, which may interfere with their activities. At one time limited to cargo that had fallen overboard, these floating units are appearing in new forms. Some are floating tank units, such as “Floating Production Storage and Offloading units”, while others may be floating farms or floating constructions intended for renewable energies. From the point of view of safety of navigation and protection of the marine environment, it is necessary to find an applicable legal framework for them. To do so, certain international conven- tions, already assimilating floating units to ships, can serve as a basis for reflection. In French law, either floating constructions are to be assimilated to ships, or they will re- quire a separate regime and specific rules. In this article, it will be proposed to modify the concept of vessel in the Transport Code to include floating units in this concept.