French maritime law: towards a “maritime homicide” offence in the Criminal Code

On 15 September 2026, MP Sophie Panonacle tabled a private member’s bill (No. 3158) to create a criminal offence of maritime homicide, modelled on the road homicide offence introduced by the law of 9 July 2025. The bill follows the death of Benjamin, aged eight, on 21 May 2025 in the Arcachon basin. It echoes the Conseil d’État’s annual study “The sea and public policy” (9 September 2026), which calls for the General Secretariat for the Sea to be strengthened as the interministerial coordinator of a maritime policy it considers fragmented.

Business implications: operators of commercial vessels and pleasure craft should follow this bill, which could lead to a heavier criminal characterisation where a fatal accident results from a serious fault.

International maritime law: in the Red Sea and the Strait of Hormuz, war risk premiums keep rising

The Houthi naval blockade targeting vessels linked to Saudi Arabia continues to drive up shipping costs. According to the specialist press (25 September 2026), insurance premiums for calls at Yanbu have risen from under 1% to around 3% of the insured value, and up to 7% for Jizan, against 0.2 to 0.3% for vessels with no Saudi link. In the Strait of Hormuz, OFAC designated two entities on 29 July 2026 for imposing on ships a “toll” backed by the Revolutionary Guards, which it described as an extortion scheme. Shipowners, insurers and banks now face a compliance dilemma.

Business implications: review war risk clauses and contractual routes, and apply heightened vigilance to OFAC sanctions for any operation involving Hormuz.

Shipping and chartering: final stretch before the maritime EU ETS deadline

Shipping companies subject to the EU Emissions Trading System must surrender, by 30 September 2026 at the latest, allowances covering 70% of their verified 2025 emissions (compared with 40% last year), before the share rises to 100% from 30 September 2027. Failure to surrender triggers a penalty of 100 euros per missing allowance, and the operator still has to surrender the allowances on top of the penalty.

Business implications: urgently reconcile emissions accounts and check access to the allowance registries, and review the carbon cost pass-through clause between owner and charterer.

Port law: the Conseil d’État takes a severe view of French port competitiveness

In its 2026 annual study, the Conseil d’État makes 28 recommendations to address the fragmentation of port policy. More than 40% of containers bound for France pass through foreign ports, over 80% of pre- and on-carriage is by road (10% rail, 3% inland waterway), and Haropa and Dunkirk together account for less than 11% of traffic in the North European range. It recommends a strategy broken down by seaboard, an inventory of disused port land and 322 million euros for shore power, building on the decree of 1 August 2026, which organises dialogue between the supervisory boards and development councils of the major seaports.

Business implications: follow the seaboard-by-seaboard roll-out of this strategy, which may reshuffle investment priorities between port areas.

Marine energy and offshore: offshore wind and fishing, the Conseil d’État argues for coexistence

The Conseil d’État recommends organising coexistence rather than mutual exclusion between offshore wind farms and fishing, drawing on the experience of Saint-Nazaire, Île d’Yeu and Noirmoutier. The public inquiry into the grid connection of the Bretagne Sud floating wind project, opened on 17 August 2026, closes on 28 September 2026.

Business implications: document coexistence protocols with fishers from the planning stage, a sensitive issue while the profession remains mobilised.

Marine environment and fisheries: the State formalises fuel aid after weeks of port blockades

After fishers blockaded Mediterranean ports (Sète, Port-la-Nouvelle) and the Frontignan oil depot in protest at fuel prices, the Government announced on 17 September 2026 that aid for fishing diesel would rise to 35 cents per litre until 31 December 2026, the ceiling authorised by the European Commission. Decree No. 2026-898 of 26 September 2026 formalises a first tranche: 25 cents per litre of fuel bought between 1 June and 31 August 2026, for all fishing businesses flying the French flag (mainland France and overseas), processed by the Agence de services et de paiement.

The firm advises on maritime and shipping law in every French port, in mainland France and overseas.

Previous edition: Weekly Digest: Maritime Law (14-20 September 2026)
Our practice: lawyer in maritime and shipping law