Protocol of 1993 relating to the Convention for the Safety of Fishing Vessels (SFV) [*]
Done at: Torremolinos
Date enacted: 1993-04-02
In force: not in force
Article 1
General obligations
1. |
The Parties to the present Protocol shall give effect to the provisions of:
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2. |
The articles of the present Protocol and the regulations of the Annex to the Convention shall, subject to the modifications set out in the Annex to the present Protocol, be read and interpreted as one single instrument. |
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3. |
The Annex to the present Protocol shall constitute an integral part of the Protocol and a reference to the present Protocol shall constitute at the same time a reference to the Annex hereto. |
Article 2
Definitions
For the purpose of the present Protocol, unless expressly provided otherwise:
a. |
"Party" means a State for which the present Protocol has entered into force; |
b. |
"Fishing vessel" or "vessel" means any vessel used commercially for catching fish, whales, seals, walrus or other living resources of the sea; |
c. |
"Organization" means the International Maritime Organization; |
d. |
"Secretary-General" means the Secretary-General of the Organization; |
e. |
"Administration" means the Government of the State whose flag the vessel is entitled to fly; |
f. |
"Regulations" means the regulations contained in the Annex to the Convention as modified by the present Protocol. |
Article 3
Application
1. |
The present Protocol shall apply to seagoing fishing vessels including vessels also processing their catch entitled to fly the flag of a Party. |
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2. |
The provisions of the Annex shall not apply to vessels exclusively used:
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3. |
Unless expressly provided otherwise, the provisions of the Annex shall apply to fishing vessels of 24 metres in length and over. |
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4. |
In a case where a limit of the vessel's length is prescribed as greater than 24 metres in a chapter for the application of that chapter, the Administration shall determine which regulations of that chapter should apply, wholly or in part, to a fishing vessel of 24 metres in length and over but less than the length limit prescribed in that chapter and entitled to fly the flag of that State, having regard to the type, size and mode of operation of such a vessel. |
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5. |
Parties shall endeavour to establish, as a matter of high priority, uniform standards to be applied by Administrations to fishing vessels referred to in paragraph (4), which operate in the same region, taking into account the mode of operation, sheltered nature and climatic conditions in such region. Such uniform regional standards shall be communicated to the Organization for circulation to other Parties for information. |
Article 4
Certification and port State control
1. |
Every vessel required to hold a certificate in accordance with the provisions of the regulations is subject, when in a port of another Party, to control by officers duly authorized by the Government of that Party in so far as this control is directed towards verifying that the certificate issued under the provisions of the relevant regulations is valid. |
2. |
Such certificate, if valid, shall be accepted unless there are clear grounds for believing that the condition of the vessel or of its equipment does not correspond substantially with the particulars of that certificate or that the vessel and its equipment are not in compliance with the provisions of the relevant regulations. |
3. |
In the circumstances given in paragraph (2) or where a certificate has expired or ceased to be valid, the officer carrying out the control shall take steps to ensure that the vessel shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to the vessel or persons on board. |
4. |
In the event of this control giving rise to an intervention of any kind, the officer carrying out the control shall forthwith inform, in writing, the Consul or, in his absence, the nearest diplomatic representative of the State whose flag the vessel is entitled to fly, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognized organizations responsible for the issue of the certificates shall also be notified. The facts concerning the intervention shall be reported to the Organization. |
5. |
If the port State authority concerned is unable to take steps as specified in paragraph (3) or if the vessel has been allowed to proceed to the next port of call, the port State authority concerned shall notify all relevant information about the vessel to the Party mentioned in paragraph (4) and to the authorities of the next port of call. |
6. |
When exercising control under this article, all possible efforts shall be made to avoid a vessel being unduly detained or delayed. If a vessel is thereby unduly detained or delayed, it shall be entitled to compensation for any loss or damage suffered. |
7. |
With respect to vessels of non-Parties to the present Protocol, Parties shall apply the requirements of the present Protocol as may be necessary to ensure that no more favourable treatment is given to such vessels. |
Article 5
Force majeure
1. |
A vessel which is not subject to the provisions of the present Protocol or which is not required to hold a certificate in accordance with the provisions of the present Protocol at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure. |
2. |
Persons who are on board a vessel by reason of force majeure or in consequence of the obligation to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to the vessel of any provisions of the present Protocol. |
Article 6
Communication of information
1. |
The Parties shall communicate to the Organization:
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2. |
The Organization shall notify all Parties of the receipt of any communication under paragraph (l)(a) and shall circulate to them any information communicated to it under paragraphs (l)(b) and (l)(c). |
Article 7
Casualties to fishing vessels
1. |
Each Party shall arrange for an investigation of any casualty occurring to any of its vessels subject to the provisions of the present Protocol, when it judges that such an investigation may assist in determining what changes in the present Protocol might be desirable. |
2. |
Each Party shall supply the Organization with pertinent information concerning the findings of such investigations for circulation to all Parties. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the vessels concerned or in any manner fix or imply responsibility upon any vessel or person. |
Article 8
Other treaties and interpretation
Nothing in the present Protocol shall prejudice the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.
Article 9
Signature, ratification, acceptance, approval and accession
1. |
The present Protocol shall remain open for signature at the Headquarters of the Organization from 1 July 1993 until 30 June 1994 and shall thereafter remain open for accession. All States may become Parties to the present Protocol by:
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2. |
Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General. |
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3. |
Each State which has either signed the present Protocol without reservation as to ratification, acceptance or approval or has deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with this article shall transmit to the Secretary-General, at the time of deposit of the above instrument and by the end of each year, information on the aggregate number of fishing vessels of 24 metres in length and over entitled to fly the flag of that State. |
Article 10
Entry into force
1. |
The present Protocol shall enter into force twelve months after the date on which not less than fifteen States have either signed it without reservation as to ratification, acceptance or approval or have deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with article 9, the aggregate number of whose fishing vessels of 24 metres in length and over is not less than 14,000. |
2. |
For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Protocol after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the present Protocol or three months after the date of deposit of the instrument, whichever is the later date. |
3. |
For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the present Protocol entered into force, the present Protocol shall become effective three months after the date of deposit of the instrument. |
4. |
After the date on which an amendment to the present Protocol is deemed to have been accepted under article 11, any instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol as amended. |
Article 11
Amendments
1. |
The present Protocol may be amended by either of the procedures specified in this article. |
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2. |
Amendment after consideration within the Organization:
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3. |
Amendment by a Conference:
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4. |
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5. |
Unless expressly provided otherwise, any amendment to the present Protocol which relates to the structure of a vessel shall apply only to vessels for which, on or after the date of entry into force of the amendment:
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6. |
Any declaration of acceptance of, or objection to, an amendment or any notice given under paragraph (2)(g)(ii) shall be submitted in writing to the Secretary-General who shall inform all the Parties of any such submission and of the date of its receipt. |
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7. |
The Secretary-General shall inform all the Parties of any amendments which enter into force under this article together with the date on which each such amendment enters into force. |
Article 12
Denunciation
1. |
The present Protocol may be denounced by any Party at any time after the expiry of five years from the date on which the present Protocol enters into force for that Party. |
2. |
Denunciation shall be effected by notification in writing to the Secretary-General. |
3. |
A denunciation shall take effect twelve months after receipt of the denunciation by the Secretary-General or after the expiry of any longer period which may be indicated in the notification. |
Article 13
Depositary
1. |
The present Protocol shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the Depositary"). |
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2. |
The Depositary shall:
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3. |
As soon as the present Protocol enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. |
Article 14
Languages
The present Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed the present Protocol.
Done at Torremolinos this second day of April one thousand nine hundred and ninety-three.
[*] |
In the 1980s, it became clear that the Convention for the Safety of Fishing Vessels adopted 1977-04-02 was unlikely to enter into force, and IMO decided to prepare a replacement in the form of a Protocol. Thus, 1993 Protocol superseded the 1977 Convention. |