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II.3.85 (SFV PROTOCOL, 1993) TORREMOLINOS PROTOCOL OF 1993 RELATING TO THE TORREMOLINOS INTERNATIONAL CONVENTION FOR THE SAFETY OF FISHING VESSELS, 1977

The Ratification of Maritime Conventions

Chapter I.3.85

(SFV PROTOCOL, 1993) TORREMOLINOS PROTOCOL OF 1993 RELATING TO THE TORREMOLINOS INTERNATIONAL CONVENTION FOR THE SAFETY OF FISHING VESSELS, 1977

ADOPTED: 2 April 1993
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article IX

(1) The present Protocol shall remain open for signature at the Headquarters of the Organisation 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:

  • (a) signature without reservation as to ratification, acceptance or approval; or
  • (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
  • (c) accession.

(2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(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.

ENTRY INTO FORCE

Article X

(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.

DENUNCIATION

Article XII

(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.

AMENDMENTS

Article XI

(1) The present Protocol may be amended by either of the procedures specified in this article.

(2) Amendment after consideration within the Organisation:

  • (a) Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organisation and to all the Parties at least six months prior to its consideration.
  • (b) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organisation for consideration.
  • (c) Parties whether or not Members of the Organisation shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.
  • (d) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in paragraph (2)(c) (hereinafter referred to as “the expanded Maritime Safety Committee”) on condition that at least one-third of the Parties shall be present at the time of voting.
  • (e) Amendments adopted in accordance with paragraph (2)(d) shall be communicated by the Secretary-General to all the Parties.
  • (f) (i) An amendment to an article shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties;
  • (ii) An amendment to the Annex shall be deemed to have been accepted:
  • (aa) at the end of two years from the date of adoption; or
  • (bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.
  • However, if within the specified period either more than one-third of the Parties or Parties the aggregate number of whose fishing vessels is not less than sixty-five per cent of the number of fishing vessels of 24 metres in length and over of all the Parties, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
  • (g) (i) An amendment to an article shall enter into force, with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted and, with respect to each Party which accepts it after that date, six months after the date of that Party’s acceptance.
  • (ii) An amendment to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under paragraph (2)(f)(ii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for which longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

(3) Amendment by a Conference:

  • (a) Upon the request of a Party concurred with by at least one-third of the Parties, the Organisation shall convene a Conference of the Parties to consider amendments to the present Protocol.
  • (b) Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance.
  • (c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in paragraphs (2)(f) and (2)(g) respectively, provided that references in those paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.
  • (4) (a) A Party, which has accepted an amendment to the Annex which has entered into force, shall not be obliged to extend the benefit of the present Protocol in respect of the certificates issued to a vessel entitled to fly the flag of a State the Government of which, pursuant to the provisions of paragraph (2)(f)(ii) of this article, has objected to the amendment and has not withdrawn such an objection, but only to the extent that such certificates relate to matters covered by the amendment in question.
  • (b) A Party, which has accepted an amendment to the Annex which has entered into force, shall extend the benefit of the present Protocol in respect of certificates issued to a vessel entitled to fly the flag of a State the Government of which, pursuant to the provisions of paragraph (2)(g)(ii) of this article, has notified the Secretary-General of the Organization that it exempts itself from giving effect to the amendment.

(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:

  • (a) the keel is laid; or
  • (b) construction identifiable with a specific vessel begins; or
  • (c) assembly has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less.

(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.

(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.

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