Nationals of countries that are not members of the EU or the EEA may not engage in cabotage. In order to be registered in France, fishing vessels must either: a) be owned at least 50 per cent by physical persons of the EU; b) be owned at least 50 per cent by moral persons established in the EU; c) be owned at least 50 per cent by physical persons, as described in (a), and by moral persons, as described in (b). In the case of ownership by moral persons established in the EU, their head office may be located in a State which does not belong to the EU when, in application of an agreement concluded between France and this State, a company incorporated in accordance with French law can regularly exercise its activity on the territory of the said State and have its registered office there. The ship must then also be managed and controlled from a permanent establishment located on French territory.
"Article 219
I. - To be French-language, a vessel armed for commerce or pleasure, which has undergone a security check in accordance with the regulations in force, must meet the following conditions: [...]
2 ° A. - Or at least half belong to nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area who, if they reside in the territory of the French Republic for less than six months a year, must elect domicile there for all administrative or judicial matters relating to the property and condition of the ship. If the vessel is jointly owned, each of the managers must reside in France or, if they reside there for less than six months per year, elect domicile there;
B. - Or at least half of companies having their registered office or their main establishment in the territory of the French Republic or of another Member State of the European Union or of another State party to the agreement in the European Economic Area, subject, in these last two cases, that the ship is managed and controlled from a permanent establishment located on French territory.
However, the head office may be located in a State which does not belong to the European Union or which is not a party to the agreement on the European Economic Area when, in application of an agreement concluded between France and this State, a company incorporated in accordance with French law may regularly exercise its activity in the territory of the said State and have its registered office there. The ship must then also be managed and controlled from a permanent establishment located on French territory;
C. - Or at least half belong to nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area fulfilling the conditions set out in A and to companies fulfilling the conditions provided for in B;
D. - Either be intended to belong after exercise of the option open for the acquisition of the property by a leasing operation:
a) Or at least half to nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area who meet the conditions set out in A;
b) Or at least half to companies fulfilling the conditions set out in B;
c) Or at least half to nationals of a Member State of the European Union or of a State party to the Agreement on the European Economic Area who meet the conditions provided for in A and to companies which meet the conditions provided for at B;
E. - Or be bareboat chartered by:
a) A natural person fulfilling the nationality and residence conditions defined in A;
b) Or a company fulfilling the conditions of nationality, registered office or permanent establishment defined in B;
F. - Or be a vessel whose nautical management meets the following criteria:
a) It is effectively carried out from France by a permanent establishment of the owner company or of a French company contractually linked with the owner to ensure the nautical management;
b) The ship manager holds a document of compliance in application of the international safety management code and meets the conditions of nationality, residence, head office or main establishment defined in A or B. When the ship is outside the scope of the international security management code and that its manager does not therefore hold a document of conformity within the meaning of the code mentioned in the first sentence of this b, the manager proves, failing this, that he has been providing since France the equivalent management measures necessary for the operation of the vessel;
3 ° Independently of the cases provided for in 2 °, the francization of a commercial or pleasure vessel may be granted by special approval under conditions fixed by decree when, in one of the cases provided for in the same 2 °, the rights of natural or legal persons fulfilling the conditions of nationality, residence, registered office or main establishment defined in said 2 ° do not extend to half but at least a quarter of the vessel and, in addition, on condition that the management of the ship is provided by these persons themselves or, failing this, entrusted to other persons fulfilling the conditions provided for in A or B of the same 2 °.
II. - When it is bareboat chartered, a French-language merchant or pleasure vessel can only keep the French flag on condition that it is, during the charter period, managed and controlled from a permanent establishment located on French territory.
[...]
Article 257
Transport between the ports of mainland France is reserved for ships operated by shipowners who are nationals of a Member State of the European Community or of another State party to the Agreement on the European Economic Area and registered in a State member of the European Community or in another State party to the Agreement on the European Economic Area and flying the flag of the same State.
However, the administrative authority may, under conditions fixed by decree, authorize a ship which does not meet these conditions to provide specific transport.[...]" (Customs Code, last amended by Law n°2021-1017 of 2 August 2021, Articles 219 and 257 [google translation])
Customs Code, last amended by Law n°2021-1017 of 2 August 2021, Articles 219 and 257
[<a href="https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006071570/">Code</a>]