Guidance on 'Open Sea' Qualification – Territorial Waters vs. 12 NM

Following our recent discussions regarding the monitoring of “open sea” qualifications for voyages eligible for the French Commercial Exemption (FCE), we would like to clarify an important point concerning the term “Outside 12 NM.”

Although commonly used, this expression can be misleading. From a legal and operational perspective, the relevant criterion is being outside territorial waters, rather than simply sailing more than 12 nautical miles from the coast.

First, territorial waters are not always 12 NM wide: several Mediterranean jurisdictions apply different limits (Gibraltar: 3 NM; UK Sovereign Base Areas, Cyprus: 3 NM; Turkey and Greece in the Aegean Sea: 6 NM). Second, they are measured from the official baseline, which often connects prominent headlands and extends well offshore compared to the visible coastline.

For navigation purposes, we strongly recommend setting your ECDIS to display the official territorial-waters boundary, rather than the standard 12 NM (fishery) line.