When a wreck has run aground or has been brought ashore, the competent maritime authority will arrange for its sale in the following cases:
– On expiry of the three-month period stipulated in article 230, if the owner has not claimed the wreck within this period;
– After notification to the owner of the decision of the competent maritime authority declaring, in application of article 232 of the code, the forfeiture of his rights over the wreck.
The competent maritime authority may hand over to the salvor the ownership of any wrecks whose sale would leave no appreciable net proceeds.
The sale may not take place less than one month after the date on which it was announced.
In the case of perishable merchandise or merchandise that cannot be identified, the maritime authority may proceed with the sale without observing the time limits stipulated in articles 239 and 240 of the code.
The proceeds from the sale of the wreck, after deduction of management and sales costs, salvor’s remuneration, customs duties and other taxes, are paid to the Public Treasury.
Such proceeds may be claimed for a period of five years by the owner or his assigns. On expiry of this period, it is forfeited to the Treasury.
However, in the case of the forfeiture provided for in article 232 of the code and in the case of the concession provided for in article 243 of same code, the net proceeds of the sale or the proceeds of the concession are paid immediately to the Public Treasury.
When the wreck is completely submerged, the competent maritime authority has the option of signing a concession contract, either with the inventor of the wreck or, failing that, with any other company.
This concession can only be granted on condition:
– Either that the owner has renounced or forfeited his right of ownership in application of article 232 of the code;
– Or that the wreck is the result of an event that occurred more than five years ago; in this case, the provisions of articles 229 to 232 of the code do not apply, and the competent maritime authority may, without further formalities, declare the owner’s right to the wreck forfeited. The provisions of the present article shall apply to wrecks of the nationality of each C.E.M.A.C. member State sunk in territorial waters or on the high seas foreign wrecks sunk in the territorial waters of a member state.
Any person duly authorized by the competent maritime authority for the purpose of selling or sale or concession of a wreck may not acquire or bid for the objects offered for sale or concession.
Unless otherwise justified, wrecks are deemed to be foreign and are subject to customs duties and taxes. The purchaser may only dispose of them for the purposes authorized by the laws and regulations in force in each C.E.M.A.C. member state.
Add comment