1. claims for death, personal injury, loss or damage to any property (including damage to the engineering structures of harbours docks, waterways and navigational aids), on board the vessel or in direct connection with the operation of the vessel or with assistance or salvage operations, as well as any other loss any other loss resulting therefrom;
2. claims for any loss resulting from a delay in the carriage by sea of cargo, passengers or their luggage.
3. claims for any loss or damage resulting from the infringement of extra-contractual rights and arising in direct connection with the operation of the vessel or with assistance or salvage operations;
4. claims for salvaging, removing, destroying or rendering harmless a sunken, wrecked, stranded or abandoned vessel, including everything on board;
5. claims for having removed, destroyed or rendered harmless the cargo;
6. claims made by a person other than the person liable for measures taken to prevent or reduce damage for which the person liable may limit his liability in accordance with the law, and for damage subsequently caused by such ships.

The claims referred to in paragraph 1 shall be subject to the limitation of liability even if they are the subject of an action, whether contractual or not, or guarantee. However, claims arising under d), e) and f) of paragraph 1 shall not be subject to the limitation of liability insofar as they to the extent that they relate to remuneration pursuant to a contract entered into with the liable person.

The term “shipowner” refers to the owner, charterer, the shipowner and the ship manager of a seagoing vessel.

The term “assistant” refers to any person providing services directly related to assistance or rescue operations.

Any person referred to in the above paragraph may, even towards the State and under the conditions hereinafter set forth, limit his liability to the contracting contractors or third parties if the damage occurred on board the ship or if they are directly connected with the navigation or use of the ship.

It may, under the same conditions, limit its liability for measures taken to measures taken to prevent or reduce the damage referred to in the preceding paragraph above or for damage caused by such measures.

He shall not be entitled to limit his liability if it is proved that the damage resulted from his personal act or omission, committed with the intention of with intent to cause such damage, or recklessly with knowledge that such damage that such damage would probably result.

The owner of a ship may not invoke the limitation of his liability against the claims of the State or any other legal person governed by public law which in place of the owner, salvaged, removed, destroyed or rendered harmless a sunken a sunken, wrecked, stranded or abandoned vessel, including anything found or on board.

Limitation of liability is not enforceable:

a) claims for assistance, environmental protection, salvage or contribution to general average;

b) seafarers’ claims arising from the employment contract;

c) claims of any other person employed on board under a contract of employment.

The limits of the shipowner’s liability resulting from the application of the application of the provisions of this Title shall be those established by the Convention on Limitation of Liability for Maritime Claims signed at London signed at London on 19 November 1976, as amended in 1996.

The following are considered as sailing documents

– The crew list;

– The licence;

– The traffic card.

Certain vessels may be exempted from the obligation to have a navigation document by decision of the competent maritime authority. The competent maritime authority of each Member State may, in addition to the three aforementioned navigation permits introduce other national navigation permits.

Crew lists must be issued to ships engaged in maritime navigation and crewed by professional seafarers. It lists the names of the crew members and must be certified as accurate by the shipowner or his representative.

The crew list, drawn up in duplicate, must include:

– The characteristics of the vessel and the name of the owner;

– The name and address of the shipowner responsible;

– The names and full identity of the crew members, with an indication of their duties on board;

– A formal undertaking by the master to comply with the regulations of each Member State.

The crew list also mentions the conditions under which the crew was hired (these may be appended to the crew list). These details are authentic in court. It is used to draw up civil status documents. It serves as proof of the crew’s navigation, both for obtaining pensions and social or family benefits.

Any boarding or disembarkation of a crew member must be recorded in the roll, stating the date, place and reason for embarkation or disembarkation.

Abroad, the Consuls of each Member State or, failing that, the Consuls or the duly authorised maritime authorities of other countries, are authorised to carry out such movements, which they shall immediately report to the ship’s port of the vessel and the port of registration of the vessel.

Receive a crew list:

– Ships engaged in commercial shipping, the purpose of which is to transport passengers and goods;

– Ships providing pilotage, towing and assistance services to seagoing assistance services;

– Ships engaged in sea fishing;

– Ships engaged in pleasure boating and crewed by salaried professional maritime personnel;

– Towed sea-going barges;

– Buoy tenders, fireboats and self-propelled government vessels operating in maritime waters, as well as carrying out dredging and sounding operations in seaports;

– Mobile offshore drilling units.

However, the competent maritime authority of each State shall determine the various categories of commercial shipping, sea fishing, pleasure boating, the corresponding categories of crew list and the collective or individual nature of the list.

1. Claims for pledges and other sums due to the master, officers and other officers and other members of the ship’s personnel by virtue of their engagement on board the ship, including repatriation costs and social insurance contributions payable on their behalf;
2. Claims arising from death or personal injury, whether on land or at sea, in direct connection with the operation of the ship;
3. Claims for assistance and salvage of the vessel;
4. Claims in respect of port, canal and other waterway dues as well as pilotage fees;
5. Claims in tort or quasi tort for loss of or damage to property caused by the operation of the vessel, other than to the cargo, containers and personal effects of passengers carried on board the ship.
6. Legal costs incurred for the sale of the vessel and the distribution of the its price;
7. The costs of keeping and preserving the vessel since its entry into port, excluding insurance premiums;
8. Claims arising from contracts entered into or operations carried out carried out by the master outside his home port, by virtue of his legal for the real needs of preserving the ship or continuing the voyage the continuation of the voyage;
9. Claims for damage to cargo and luggage, caused while on board the ship.

The liens referred to in this Article shall be exercised against the owner, the charterer in devolution, the manager or the operator of the vessel.

The liens referred to in f) to i) rank after those referred to in a) to e). a) to e); they are extinguished under the conditions set out in Article 6 of the 1993 International Convention on Maritime Liens and Mortgages.

No maritime lien shall attach to the vessel as security for claims referred to in paragraphs b) and e) above which arise from or result from:

– Damage arising from the carriage by sea of hydrocarbons or other hazardous or noxious substances, for which compensation is compensation is payable to creditors in application of an international convention or national laws that provide for strict liability and compulsory insurance or other strict liability and compulsory insurance or other means of means of guaranteeing creditors; or

– Radioactive properties or a combination of radioactive properties with toxic, explosive or other dangerous hazardous properties of nuclear fuel or radioactive products or radioactive waste.

The builder or repairer of the ship has a right of retention over the ship, to secure its claims arising from the construction or repair of the ship; this right of retention is exercised under the conditions provided for in Article 7 of the aforementioned 1993 International Convention.

After the formation of the fund, no right may be exercised, in respect of the same claims, over other assets of the owner by the creditors of the fund, provided that the limitation fund is available to the claimant.

The fact of invoking the limitation of liability or setting up the limitation fund does not mean that the owner accepts liability.

The limitation fund comprises three parts allocated respectively:

a) the settlement of claims for death or personal injury to passengers;

b) the settlement of claims for death or personal injury of persons other than passengers;

c) the settlement of other claims.

For each part of the fund, the distribution will be made among the creditors in proportion to the amount of their recognized claims.

Where the amount of claims for death of or personal injury to persons other than passengers exceeds the amount of the limitation of liability limit set for these claims in the a), the excess is in competition competing with claims other than those arising from death or personal injury b).

If, before the distribution of the fund, the owner of a ship has paid in whole or in part any of the claims referred to in Articles 103, 104 and 106 of the code, he is authorized to take part in the distribution of the fund in the place and stead of the creditor in the distribution of the fund, but only to the extent that, under the law of the country in which the fund is established, this creditor could have had his claim against the owner.

In all cases where an owner is authorized by the Code to limit his liability, he may obtain the release of his vessel or any other property belonging to him, as well as the release of bonds and guarantees given.

He must first prove that he has set up the fund or provided all the appropriate guarantees for its constitution.

In applying the provisions of the preceding paragraph, the court shall take into account the constitution of the fund or the provision of sufficient guarantees not only in the territory of the Member State but also either at the port where the event giving rise to the distrainor’s claim occurred, or at the first port of call after the event, if the event did not take place in a port, or at the port of disembarkation or unloading, in the case relating to personal injury or damage to goods.

Where the owner has provided a guarantee for a sum corresponding to the limits of his liability, this guarantee is used to pay all claims arising from the same event and for which the owner can limit his liability.

The registration preserves the mortgage for 10 years from its date. Its effect ceases if the registration has not been renewed before the expiry of this period on the register of the competent administrative authority. The registration guarantees two years’ interest in addition to the current year, ranking pari passu with the capital.

Ships and other seagoing vessels registered in each Member State of the C.E.M.A.C. may be mortgaged. They may only be encumbered by conventional mortgages. The mortgage must, on pain of nullity, be constituted in writing. The mortgage deed may be authenticated or under private seal. It may also be a promissory note: in this case, endorsement entails transfer of the mortgage right.

The mortgage may only be granted by the owner of the vessel or by his authorised representative with a special mandate.

The mortgage can be taken out on a sea-going vessel under construction.

A mortgage granted on a ship or on an undivided share thereof extends, unless otherwise agreed, to the body of the ship and to all accessories, machinery, fittings and tackle. It does not extend to the cargo.

If the ship is lost or damaged, the following shall be subrogated to the ship and its accessories for the amount of a mortgage claim:

a) compensation due to the owner for material damage suffered by the ship;

b) sums due to the owner for contribution to general average suffered by the ship;

c) indemnities due to the owner for assistance rendered or salvage carried out since the registration of the mortgage, insofar as they represent the loss of or damage to the mortgaged vessel;

d) insurance indemnities on the body of the vessel.

Before any payment is made, the insurer must request a statement of mortgage registrations. No payment shall discharge the insurer if it is made in disregard of the rights of creditors appearing on the said statement.

Payments made in good faith before opposition are valid.

A maritime mortgage on a ship flying the flag of a Member State shall be entered in the register referred to in Article 85 by the competent administrative authority of that Member State on the basis of its constitutive instrument, which shall ensure that it is preserved and purged and/or cancelled.

The register must be accessible to the public; at the request of any interested party, the Registrar shall issue an extract from the register. The competent maritime authority of the port of registration of the ship is automatically provided with a copy of the entries and deletions of mortgages. Finally, an up-to-date extract from the ship’s mortgage register must be kept on board.

Commercial shipping and pleasure boating are carried out by;

• In national cabotage, when it is carried out between two ports of a member state.
• Sub-regional cabotage, when it takes place between two or more ports of two or more member states.
• International cabotage, when it is carried out between a port in a Member State and another port in Africa;
• Long-distance, when it is carried out beyond the limits of international cabotage.

Fishing

Defining and regulating the boundaries of:

• Inshore fishing;
• Offshore fishing;
• deep-sea fishing;

Are left to the discretion of each Member State.

Reserved navigation

National and sub-regional cabotage navigation is reserved for vessels flying the flag of a Member State, unless a justified derogation is granted by each competent maritime authority, on a case-by-case basis.

Beaconing

The marking the coastline of each Member State is determined by the competent maritime authority, in accordance with the international regulations in force; the physical operations involved in setting up and maintaining the markings can be entrusted to a public or private body acting on behalf of and under the under the control of the maritime authority.