Assessment of the obligation of having the transport capacity under the French flag enshrined in the law of December 31 1992 bearing reform of the oil regime

As a French law imposes on refining undertakings an obligation of possession of a crude oil transport capacity under the French flag, this study aimed at reviewing the efficiency of this arrangement within an energy and maritime concept which has been strongly evolving, and at examining orientations for a possible reform, notably the feasibility of an extension to oil and gas product imports. Thus, the authors first analyse the nature and perception of risks related to France energy supplies by sea, notably with in a historical perspective by recalling the origin and backgrounds of the flag-related obligation. They also propose an assessment of the law application. Then, they analyse changes within the economic, maritime and legal environment during the last twenty years, and compare the French situation (a dramatic reduction of the French fleet) with that of the main countries of the European Union in terms of oil supply and of maritime transport potential. As the present system is considered not to be satisfying any longer, they finally discuss of set of propositions and recommendations: necessity of national arrangements, importance of the law of 1992 for a partial security, necessity of integration of imported refined oil products, proposition of some technical elements for an extension of the obligation of possession of transport capacity under the national flag, opportunity of an extension to liquefied natural gas (LNG), to LPG and to other energetic products. Appendices give data about ships which have discharged oil products in French harbours in 2011, and about the composition and distribution of the world fleet of energy product transport ships