Cape Town Agreement of 2012 (2018 Edition)

The safety of fishers and fishing vessels forms an integral part of IMO’s mandate, however, the fishing industry, from a global perspective, does not have an acceptable safety record; and, while there may be a number of factors that have contributed to this, there can be no doubt that the lack of an effective internationally binding regulatory regime has played a significant part in the status quo. In this context, neither the Torremolinos International Convention for the Safety of Fishing Vessels, adopted in 1977, nor the Torremolinos Protocol, adopted in 1993, entered into force due to a variety of technical and legal constraints. The Agreement was a renewed commitment for the provisions of the 1993 Torremolinos Protocol to come into force and is expected to play an important part in improving safety standards and reducing the loss of life in the fisheries sector.

The Cape Town Agreement of 2012 will enter into force 12 months after the date on which not less than 22 States, the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600, have expressed their consent to be bound by it.

The Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the Agreement) was adopted by the International Conference on the Safety of Fishing Vessels, held from 9 to 11 October 2012 in Cape Town, South Africa, under the auspices of the International Maritime Organization (IMO), as the result of a strenuous work and intensive discussions over a five?year period.

The safety of fishers and fishing vessels forms an integral part of IMO’s mandate; however, the fishing industry, from a global perspective, does not have an acceptable safety record and, while there may be a number of factors that have contributed to this, there can be no doubt that the lack of an effective internationally binding regulatory regime has played a significant part in the status quo. In this context, neither the Torremolinos International Convention for the Safety of Fishing Vessels, adopted in 1977, nor the Torremolinos Protocol, adopted in 1993, entered into force due to a variety of technical and legal constraints. The Agreement was a renewed commitment for the provisions of the 1993 Torremolinos Protocol to come into force and is expected to play an important part in improving safety standards and reducing the loss of life in the fisheries sector.

The Cape Town Agreement of 2012 will enter into force 12 months after the date on which not less than 22 States, the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600, have expressed their consent to be bound by it.

International Regulations for the Safety of Fishing Vessels

Regulations for the Construction and Equipment of Fishing Vessels

Chapter I General provisions

Chapter II Construction, watertight integrity and equipment

Chapter III Stability and associated seaworthiness

Chapter IV Machinery and electrical installations and periodically unattended machinery spaces

Part A – General

Part B – Machinery installations

Part C – Electrical installations

Part D – Periodically unattended machinery spaces

Chapter V Fire protection, fire detection, fire extinction and fire fighting

Part A – General

Part B – Fire safety measures in vessels of 60 metres in length and over

Part C – Fire safety measures in vessels of 45 metres in length and over but less than 60 metres

Chapter VI Protection of the crew

Chapter VII Life-saving appliances and arrangements

Part A – General

Part B – Vessel requirements

Part C – Life-saving appliances requirements

Chapter VIII Emergency procedures, musters and drills

Chapter IX Radiocommunications

Part A – Application and definitions

Part B – Ship requirements

Chapter X Shipborne navigational equipment and arrangements

Appendix

Certificates and record of equipment

1 Form of Safety Certificate for Fishing Vessels

2 Form of Exemption Certificate

3 Form of Supplement to the International Fishing Vessel Safety Certificate

Attachment 1

Articles of the Cape Town Agreement of 2012 on the implementation of the provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977

Attachment 2

Articles of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977

Attachment 3

Resolutions of the International Conference on the Safety of Fishing Vessels, 2012

1 Conference Resolution 1 – Early implementation of the Agreement

2 Conference Resolution 2 – Avoidance of a situation in which two conflicting treaty regimes are operational

3 Conference Resolution 3 – Promotion of Technical cooperation and provisions of Technical assistance

4 Conference Resolution 4 – Preparation of a consolidated text

5 Conference Resolution 5 – Procedure for calculating the number of fishing vessels of each Contracting State by the Depositary

Attachment 4

Recommendations of the International Conference on Safety of Fishing Vessels, 1993

1 Guidance on a method of calculation of the effect of water on deck (regulation III/6)

2 Guidance relating to ice accretion (regulation III/8)

3 Guidance on stability information (regulation III/10)

4 Guidance on a method of calculation of bow height (regulation III/12)

5 Guidance on subdivision and damage stability calculations (regulation III/14)

6 Guidance for precautions against freezing of fire mains (part B and part C of chapter V)

7 Guidance concerning the use of certain plastic materials (regulations V/11 and V/31)

8 Guidance on a method of calculation of the minimum distance from the deepest operating waterline to the lowest point of the top of the bulwark or to the edge of the working deck (regulation VI/3)

Attachment 5

Resolution MSC.364(92) – Procedure for calculating the number of fishing vessels of each Contracting State to the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, by the Depositary

A??s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.

In other words, its role is to create a level playing field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. IMO is the forum at which this process takes place.