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Internationaal Verdrag van Torremolinos voor de beveiliging van vissersvaartuigen, 1977, Torremolinos, 02-04-1977
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Inhoudsopgave
Torremolinos International Convention for the safety of fishing vessels, 1977
Article 1. General Obligations under the Convention
Article 2. Definitions
Article 3. Application
Article 4. Certification and Control
Article 5. Force Majeure
Article 6. Communication of Information
Article 7. Casualties to Fishing Vessels
Article 8. Other Treaties and Interpretation
Article 9. Signature, Ratification, Acceptance, Approval and Accession
Article 10. Entry into Force
Article 11. Amendments
Article 12. Denunciation
Article 13. Deposit and Registration
Article 14. Languages
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Internationaal Verdrag van Torremolinos voor de beveiliging van vissersvaartuigen, 1977, Torremolinos, 02-04-1977

Internationaal Verdrag van Torremolinos voor de beveiliging van vissersvaartuigen, 1977
(authentiek: en)
The Parties to the Convention,
Desiring to promote the safety of ships in general and the safety of fishing vessels in particular,
Bearing in mind the outstanding contribution of the International Conventions for the Safety of Life at Sea and also the International Conventions on Load Lines in promoting the safety of ships,
Recognizing that fishing vessels are exempt from almost all the requirements of those International Conventions,
Desiring therefore to establish in common agreement uniform principles and rules concerning the construction and equipment of fishing vessels directed to the safety of such vessels and their crews,
Considering that this end may best be achieved by the conclusion of a Convention,
Have agreed as follows:
Article 1. General Obligations under the Convention [Treedt in werking op een nader te bepalen tijdstip]
The Parties shall give effect to the provisions of the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to the Annex.
Article 2. Definitions [Treedt in werking op een nader te bepalen tijdstip]
For the purpose of the Convention, unless expressly provided otherwise:
(a) “Party” means a State for which the Convention 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 Inter-Governmental Maritime Consultative Organization.
(d) “Secretary-General” means the Secretary-General of the Organization.
(e) “Administration” means the Government of the State whose flag vessel is entitled to fly.
Article 3. Application [Treedt in werking op een nader te bepalen tijdstip]
The Convention shall apply to sea-going fishing vessels entitled to fly the flag of a State which is a Party.
(1)
Subject to the provisions of paragraph (2), a certificate issued under the authority of a Party in accordance with the provisions of the Convention shall be accepted by the other Parties and regarded for all purposes covered by the Convention as having the same validity as a certificate issued by them.
(2)
Every vessel holding a certificate issued under Regulation 7 or 8 is subject, in the ports of other Parties, to control by officers duly authorized by such Parties in so far as this control is directed towards verifying that there is on board a valid certificate. Such certificate shall be accepted unless there are clear grounds for believing that the condition of the vessel or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if there is not a valid certificate, the officer carrying out the control shall forthwith inform the Consul or, in his absence, the diplomatic representative of the Party whose flag the vessel is entitled to fly, of all the circumstances for which corrective action by that Party would be deemed necessary and the facts shall be reported to the Organization. The officer carrying out the control shall take such steps as will ensure that the vessel shall not sail until it can proceed to sea without danger to the vessel or persons on board.
(1)
A vessel which is not subject to the provisions of the Convention or which is not required to hold a certificate in accordance with the provisions of the Convention 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 of 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 Convention.
(1)
The Parties shall communicate to the Organization:
(a) the text of laws, orders, decrees, regulations and other instruments which have been promulgated on the various matters within the scope of the Convention;
(b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of vessels in accordance with the provisions of the Convention; and
(c) a sufficient number of specimens of their certificates issued under the provisions of the Convention.
(2)
The Organization shall notify all Parties of the receipt of any communication under paragraph (1)(a) and shall circulate to them any information communicated to it under paragraphs (1)(b) and (c).
(1)
Each Party shall arrange for an investigation of any casualty occurring to any of its vessels subject to the provisions of the Convention, when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.
(2)
Each Party shall supply the Organization with pertinent information concerning the findings of such investigation 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 [Treedt in werking op een nader te bepalen tijdstip]
Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 (XXV) of the General Assembly of the United Nations nor 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.
(1)
The Convention shall remain open for signature at the Headquarters of the Organization from 1 October 1977 until 30 June 1978 and shall thereafter remain open for accession. All States may become Parties to the Convention 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)
The Secretary-General shall inform all States which have signed the Convention or acceded to it of any signature or of the deposit of any new instrument of ratification, acceptance, approval or accession and the date of its deposit.
(1)
The Convention 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 of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the world's fleet of fishing vessels of 24 metres in length and over.
(2)
The Organization shall inform the States which have signed the Convention or acceded to it of the date on which it enters into force.
(3)
For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the Convention 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 Convention or three months after the date of deposit of the instrument, whichever is the later date.
(4)
For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the Convention entered into force, the Convention shall become effective three months after the date of deposit of the instrument.
(5)
After the date on which all the conditions required under Article 11 to bring an amendment to the Convention into force have been fulfilled, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.
(1)
The Convention may be amended by either of the procedures specified in this Article.
(2)
Amendments after consideration within the Organization:
(a) Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization 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 Organization for consideration.
(c) Parties whether or not Members of the Organization, 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 sub-paragraph (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 sub-paragraph (d) shall be communicated by the Secretary-General to all the Parties.
(f)
(i) An amendment to an Article or to Regulations 1 and 3 to 11 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 other than to Regulation 1 and 3 to 11 shall be deemed to have been accepted:
(aa) at the end of two years from the date on which it is communicated to the Parties for acceptance; 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 of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.
(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.
(g)
(i) An amendment to an Article or to Regulations 1 and 3 to 11 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 other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) 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 such 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 in by at least one-third of the Parties, the Organization shall convene a Conference of the Parties to consider amendments to the Convention.
(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 paragraph (2)(f) and (g) respectively, provided that references in those sub-paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.
(4)
Any Party which has declined to accept the amendment to the Annex shall be deemed not to be a Party for the purpose of application of that amendment.
(5)
Unless expressly provided otherwise, any amendment to the Convention 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 1 per cent of the estimated mass of all structural material; whichever is the 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, together with the date on which each such amendment enters into force.
(1)
The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party.
(2)
Denunciation shall be effected by notification in writing to the Secretary-General who shall inform all other Parties of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.
(3)
A denunciation shall take effect twelve months after receipt of the notification of denunciation by the Secretary-General or after the expiry of any longer period which may be indicated in the notification.
(1)
The Convention shall be deposited with the Secretary-General who shall transmit certified true copies thereof to all the States which have signed the Convention or acceded to it.
(2)
As soon as the Convention enters into force, the text shall be transmitted by the Secretary-General 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 [Treedt in werking op een nader te bepalen tijdstip]
The Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed the Convention.
DONE at Torremolinos this second day of April one thousand nine hundred and seventy-seven.