Antifouling paints have long been used to prevent the accumulation of marine organisms on the hull of boats, but the chemicals used in these paints can have negative impacts on the environment and human health. In France, regulations have been put in place to limit the use of certain chemicals in antifouling paints and promote the use of environmentally friendly alternatives.
The use of antifouling paints containing tributyltin (TBT), a toxic chemical that can accumulate in the environment and harm marine organisms and human health, has been banned in France since 2008. This ban was introduced within the framework of European Directive 98/8/EC (DPB), which restricts the use of certain chemicals in biocidal products, including antifouling paints.
In addition to banning TBT, France has also put regulations in place to promote the use of environmentally friendly alternatives to traditional antifouling paints. the Ecophyto 2018 plan aims to reduce the use of pesticides and other chemicals in agriculture and other industries, including the marine industry.
Under French law, boat owners have a legal obligation to ensure that their ships comply with environmental regulations, including the use of antifouling paints that comply with the ban on TBT and other restricted chemicals. Boat owners must also ensure that antifouling paints are applied in accordance with environmental regulations, including the use of appropriate protective equipment and disposal of waste in an environmentally friendly manner.
Boat owners in France are subject to inspections by environmental authorities to ensure compliance with these regulations. Failure to comply with environmental regulations can result in fines and other penalties.
For example:
The practice of fairing outside suitable facilities is prohibited.
Illegal fairing is liable to fines of € 150 to € 1500 for contraventions of 2nd to 5th class (R541-76 and R212-48 of the environmental code, L2132-3 General Code of the property of public persons) and up to 2 years of imprisonment and € 75,000 fine (L216-6 environmental code).
According to articles:
L216-6 of the Environmental Code
“the dumping, discharge or allowing to flow into surface, groundwater, or sea water within territorial waters, directly or indirectly, any substance or substances whose action or reactions cause, even temporarily, harmful effects on health or damage to flora or fauna, [...] shall be punished by two years’ imprisonment and a fine of 75,000 euros”
L2132-3 of the General Code on the Property of Public Persons
“No one may also, in the maritime public domain, carry out deposits or extractions, or engage in degradation”
L5335-2 of the Transportation Code
“It shall be prohibited to undermine the good condition and cleanliness of the port and its facilities, in particular to dispose of any waste, objects, soil, materials or other materials in port waters”
These regulations demonstrate France's commitment to protecting the environment and promoting sustainable practices in the maritime sector.
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