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"Article 219a [Repealed by Ordinance n°2021-1843 of December 22, 2021 - art. 7]
I. - To be French-language, a vessel armed for fishing must meet the following conditions: [...]
2 ° A. - Or at least half belong to nationals of a Member State of the European Union who, if they reside in the territory of the French Republic for less than six months per year, must elect domicile there for all administrative or legal matters relating to the ownership and condition of the vessel. 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, subject, in the latter case, that the vessel 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 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;
C. - Or at least half belong to nationals of a Member State of the European Union fulfilling the conditions provided for in A and to companies meeting 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 fulfilling the conditions provided for 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 fulfilling the conditions provided for in A and to companies fulfilling the conditions provided for in 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;
3 ° Independently of the cases provided for in 2 °, the francization of a vessel armed for fishing 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 persons physical or legal 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.
II. - When bareboat chartered, a French-language vessel equipped for fishing can only keep the French flag on condition that it is, during its charter period, managed and controlled from a permanent establishment located on French territory. [...]
III. - The French vessel and armed for fishing must have a real economic link with French territory. The company's corporate officer or his representative must reside on French territory.[...]" (Customs Code, last amended by Law n°2021-1017 of 2 August 2021, Article 219a [google translation])
Customs Code, last amended by Law n°2021-1017 of 2 August 2021, Article 219a
[<a href="https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006071570/">Code</a>]