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17th Captains Forum a sell-out at the Yacht Club de Monaco

Towards an evolution in labour laws for yachts

 

A showcase for the Yachting Capital, the Yacht Club de Monaco hosts yet another event dedicated to professionals in the sector.

In the wake of the 2nd Cluster Yachting Monaco Rendezvous on 4th May, an opportunity for players in this industry (ranked 4th in the Principality) to promote their environmental policy, the Yacht Club de Monaco turned its attention to captains and other professionals for the 17th Captains Forum. The purpose was to discuss a sensitive but crucial topic, a new law (N° 2017-307 of 9th March 2017) relating to social security for seafarers, resident in France and embarked on a vessel flying a foreign flag, which comes into force on 1st July 2017.

Chaired by Norma Trease, and attended by three key associations: GEPY (Captain Jacques Conzales, President), Italian Yacht Master (Captain Gino Battaglia, President) and Professional Yachting Association (Captain Andy Crawford, CEO), the forum attracted nearly 400 captains, crew and industry professionals. It was a record attendance, demonstrating the keen interest all have in this sensitive topic.

 

 

Opening the discussion, Patrick Chaumette, Professor of Law at Nantes University, Expert in Maritime Labour Laws, Researcher and Coordinator of Seafarers Rights, was keen to highlight the French authorities’ good intentions to better protect seafarers, a profession employing half a million people in the French economy, 2% of the employed. However, there are some grey areas, preventing the new law being implemented in such a short period of time, particularly for seafarers on non-European vessels which do not have bilateral social security agreements with France.

Jérôme Heilikman, Responsible for Legal Studies at the ENIM (seafarers’ social security body in France) and Founder of Legisplaisance, who was representing the ENIM, reviewed Decree n°2017-307, outlining its implementation and application. As the decree does not apply to Monaco, it is difficult for the French government to meet all expectations of yachts based in France. ENIM is listening to the profession, examining solutions being assigned to this decree and taking notes of what professionals say with a view to fine-tuning it.

For captains, there were many questions on the repercussions for their employability, pensions and the profession’s appeal, and who is responsible for insurance in the event of an accident on foreign territory. These issues were covered by Mrs Frédérique Ehrstein, Assistant Director of Nice’s Maritime Affairs Department and Mr Arnaud Fredefon, Directorate-General Maritime Affairs, both representing the French state.
Insurance broker OnlyYacht, official partner of the Captains Club, brought their expertise to the discussion concerning procedures that must be respected.

 

 

It was a highly-anticipated Captains Forum that gave French maritime authority representatives an opportunity to get feedback directly from professionals and commit to examining possible consequences of this decree on the yachting sector in France. It could lead to fewer jobs, not only for French nationals but also foreigners who are resident in France. It was noted that this law and any other similar provisions do not apply in the Principality.
At the end of a very constructive evening, maritime authority representatives (ENIM and Maritime Affairs) took note of what professionals had to say to report to the new government, and undertook to jointly study any amendments that could be made, while reminding everyone that the State simply wants to protect the social welfare of a profession it needed.

“Through this forum, the YCM is fulfilling its role to bring together all those who have a professional link to the sea. It was with this in mind that we started the Captains Club ten years ago, the purpose of which is to provide a meeting point and platform for discussion to all those with a minimum Captain 500 certificate (or equivalent), who play such a key role in the Yachting sector,” said Bernard d’Alessandri, General Secretary of the Yacht Club de Monaco.

Time now for the yachting season in the Mediterranean to begin and a date set for the next Captains Forum which will take place on 28th September during the 27th Monaco Yacht Show.

 

 

Reminder of Decree n°2017-307 of 9th March 2017:
According to Jérôme Heilikman and pursuant to Article L. 5551-1 2° of the Transport Code, 1st January 2017, pleasure boat professionals residing in France, who are embarked on vessels under a foreign flag outside the European Union, must be affiliated to the seafarers’ social security scheme (ENIM).

Decree n°2017-307 of 9th March 2017 requires employer, seafarer and ENIM to follow a new procedure that demands the following conditions are met:
• Stable and regular residence in mainland France or overseas territory;
• The employer must submit to ENIM a monthly statement of the crew member’s services and taxes no later than the 25th of the calendar month after the services have been carried out, or a quarterly statement no later than the 25th of the calendar month following the three-month period in question;
• The salary slip must include all charges paid to the state.

 

Towards an evolution in labour laws for yachts

 

A showcase for the Yachting Capital, the Yacht Club de Monaco hosts yet another event dedicated to professionals in the sector.

In the wake of the 2nd Cluster Yachting Monaco Rendezvous on 4th May, an opportunity for players in this industry (ranked 4th in the Principality) to promote their environmental policy, the Yacht Club de Monaco turned its attention to captains and other professionals for the 17th Captains Forum. The purpose was to discuss a sensitive but crucial topic, a new law (N° 2017-307 of 9th March 2017) relating to social security for seafarers, resident in France and embarked on a vessel flying a foreign flag, which comes into force on 1st July 2017.

Chaired by Norma Trease, and attended by three key associations: GEPY (Captain Jacques Conzales, President), Italian Yacht Master (Captain Gino Battaglia, President) and Professional Yachting Association (Captain Andy Crawford, CEO), the forum attracted nearly 400 captains, crew and industry professionals. It was a record attendance, demonstrating the keen interest all have in this sensitive topic.

 

 

Opening the discussion, Patrick Chaumette, Professor of Law at Nantes University, Expert in Maritime Labour Laws, Researcher and Coordinator of Seafarers Rights, was keen to highlight the French authorities’ good intentions to better protect seafarers, a profession employing half a million people in the French economy, 2% of the employed. However, there are some grey areas, preventing the new law being implemented in such a short period of time, particularly for seafarers on non-European vessels which do not have bilateral social security agreements with France.

Jérôme Heilikman, Responsible for Legal Studies at the ENIM (seafarers’ social security body in France) and Founder of Legisplaisance, who was representing the ENIM, reviewed Decree n°2017-307, outlining its implementation and application. As the decree does not apply to Monaco, it is difficult for the French government to meet all expectations of yachts based in France. ENIM is listening to the profession, examining solutions being assigned to this decree and taking notes of what professionals say with a view to fine-tuning it.

For captains, there were many questions on the repercussions for their employability, pensions and the profession’s appeal, and who is responsible for insurance in the event of an accident on foreign territory. These issues were covered by Mrs Frédérique Ehrstein, Assistant Director of Nice’s Maritime Affairs Department and Mr Arnaud Fredefon, Directorate-General Maritime Affairs, both representing the French state.
Insurance broker OnlyYacht, official partner of the Captains Club, brought their expertise to the discussion concerning procedures that must be respected.

 

 

It was a highly-anticipated Captains Forum that gave French maritime authority representatives an opportunity to get feedback directly from professionals and commit to examining possible consequences of this decree on the yachting sector in France. It could lead to fewer jobs, not only for French nationals but also foreigners who are resident in France. It was noted that this law and any other similar provisions do not apply in the Principality.
At the end of a very constructive evening, maritime authority representatives (ENIM and Maritime Affairs) took note of what professionals had to say to report to the new government, and undertook to jointly study any amendments that could be made, while reminding everyone that the State simply wants to protect the social welfare of a profession it needed.

“Through this forum, the YCM is fulfilling its role to bring together all those who have a professional link to the sea. It was with this in mind that we started the Captains Club ten years ago, the purpose of which is to provide a meeting point and platform for discussion to all those with a minimum Captain 500 certificate (or equivalent), who play such a key role in the Yachting sector,” said Bernard d’Alessandri, General Secretary of the Yacht Club de Monaco.

Time now for the yachting season in the Mediterranean to begin and a date set for the next Captains Forum which will take place on 28th September during the 27th Monaco Yacht Show.

 

 

Reminder of Decree n°2017-307 of 9th March 2017:
According to Jérôme Heilikman and pursuant to Article L. 5551-1 2° of the Transport Code, 1st January 2017, pleasure boat professionals residing in France, who are embarked on vessels under a foreign flag outside the European Union, must be affiliated to the seafarers’ social security scheme (ENIM).

Decree n°2017-307 of 9th March 2017 requires employer, seafarer and ENIM to follow a new procedure that demands the following conditions are met:
• Stable and regular residence in mainland France or overseas territory;
• The employer must submit to ENIM a monthly statement of the crew member’s services and taxes no later than the 25th of the calendar month after the services have been carried out, or a quarterly statement no later than the 25th of the calendar month following the three-month period in question;
• The salary slip must include all charges paid to the state.