Decreto n.º 5/2023 — Aprova o Acordo da Cidade do Cabo de 2012 sobre a implementação das disposições do Protocolo relativo à Convenção…

de 27 de fevereiro

A Organização Marítima Internacional adotou, em 1977, a Convenção Internacional de Torremolinos para a Segurança dos Navios de Pesca.

Esta Convenção, que constitui o primeiro tratado internacional sobre segurança de embarcações de pesca, foi alterada pelo Protocolo de Torremolinos de 1993 relativo à Convenção Internacional de Torremolinos para a Segurança das Embarcações de Pesca de 1977, adotado pela mesma Organização Marítima Internacional na Conferência de Torremolinos de 1993.

Atendendo ao número insuficiente de ratificações, os referidos instrumentos não entraram em vigor.

Por forma a obviar a esta situação, a conferência diplomática da Organização Marítima Internacional sobre segurança dos navios de pesca, realizada na Cidade do Cabo, em outubro de 2012, adotou o Acordo da Cidade do Cabo de 2012 sobre a implementação das disposições do Protocolo de 1993 relativo à Convenção Internacional de Torremolinos para a Segurança dos Navios de Pesca de 1977, instando os Estados a tornarem-se partes deste Acordo e convidando-os a atuar em conformidade com as suas normas, mesmo antes da sua entrada em vigor.

Neste enquadramento, e tendo em vista garantir a existência de um número suficiente de ratificações para a entrada em vigor do Acordo da Cidade do Cabo de 2012, a Organização Marítima Internacional organizou, em outubro de 2019, uma Conferência Ministerial Internacional, da qual resultou a Declaração de Torremolinos sobre o Acordo da Cidade do Cabo de 2012.

Portugal, juntamente com outros 51 Estados, foi signatário desta Declaração de Torremolinos, comprometendo-se, desse modo, a ratificar o Acordo da Cidade do Cabo de 2012 até 11 de outubro de 2022.

Assim:

Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova, para adesão, o Acordo da Cidade do Cabo de 2012 sobre a implementação das disposições do Protocolo de Torremolinos de 1993 relativo à Convenção Internacional de Torremolinos para a segurança das embarcações de pesca de 1977, cujo texto, na versão autenticada em língua inglesa, e respetiva tradução em língua portuguesa, se publicam em anexo.

Visto e aprovado em Conselho de Ministros de 19 de janeiro de 2023. - António Luís Santos da Costa - Francisco Gonçalo Nunes André - Pedro Miguel Ferreira Jorge Cilínio - Maria do Céu de Oliveira Antunes.

Assinado em 25 de janeiro de 2023.

Publique-se.

O Presidente da República, Marcelo Rebelo de Sousa.

Referendado em 31 de janeiro de 2023.

O Primeiro-Ministro, António Luís Santos da Costa.

INTERNATIONAL REGULATIONS FOR THE SAFETY OF FISHING VESSELS

CONSOLIDATED TEXT OF THE REGULATIONS ANNEXED TO THE TORREMOLINOS PROTOCOL OF 1993 RELATING TO THE TORREMOLINOS INTERNATIONAL CONVENTION FOR THE SAFETY OF FISHING VESSELS, 1977, AS MODIFIED BY 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 (AGREEMENT).

Note. - The footnotes included in this consolidated text do not form part of the Regulations but have been inserted by the Secretariat for ease of reference. In all cases, the reader must make use of the latest version of codes, guidance, recommendations, etc., referred to in the footnotes.

Regulations for the Construction and Equipment of Fishing Vessels

CHAPTER I

General provisions

Regulation 1

Application

(1) Unless expressly provided otherwise, the provisions of this annex shall apply to new vessels.

(2) For the purpose of this Protocol (1), the Administration may decide to use the following gross tonnage in place of length (L) as the basis for measurement for all chapters:

(a) a gross tonnage of 300 shall be considered equivalent to a length (L) of 24 m;

(b) a gross tonnage of 950 shall be considered equivalent to a length (L) of 45 m;

(c) a gross tonnage of 2,000 shall be considered equivalent to a length (L) of 60 m; and

(d) a gross tonnage of 3,000 shall be considered equivalent to a length (L) of 75 m;

(3) Each Party which avails itself of the possibility afforded in paragraph (2) shall communicate to the Organization the reasons for that decision.

(4) Where a Party has concluded that it is not immediately possible to implement all of the measures provided for in chapters VII, VIII, IX and X on existing vessels, the Party may, in accordance with a plan, progressively implement the provisions of chapter IX over a period of no more than 10 years and the provisions of chapters VII, VIII and X over a period of no more than five years.

(5) Each Party which avails itself of the possibility afforded in paragraph (4) shall in its first communication to the Organization:

(a) indicate the provisions of chapters VII, VIII, IX and X to be progressively implemented;

(b) explain the reasons for the decision taken under paragraph (4);

(c) describe the plan for progressive implementation, which shall not be for more than five or 10 years, as appropriate; and

(d) in subsequent communications on the application of this Protocol, describe measures taken with a view to giving effect to the provisions of the Protocol and progress made in line with the time frame established.

(6) The Administration may exempt a vessel from annual surveys, as specified in regulations 7(1)(d) and 9(1)(d), if it considers that the application is unreasonable and impracticable in view of the vessel's operating area and the type of vessel.

Regulation 2

Definitions

(1) New vessel is a vessel for which, on or after the date of entry into force of the present Protocol:

(a) the building or major conversion contract is placed; or

(b) the building or major conversion contract has been placed before the date of entry into force of the present Protocol, and which is delivered three years or more after the date of such entry into force; or

(c) in the absence of a building contract:

(i) the keel is laid; or

(ii) construction identifiable with a specific vessel begins; or

(iii) assembly has commenced comprising at least 50 tonnes or 1 % of the estimated mass of all structural material, whichever is less.

(2) Existing vessel is a fishing vessel which is not a new vessel.

(3) Approved means approved by the Administration.

(4) Crew means the skipper and all persons employed or engaged in any capacity on board a vessel on the business of that vessel.

(5) Length (L) shall be taken as 96 % of the total length on a waterline at 85 % of the least moulded depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.

(6) Forward and after perpendiculars shall be taken at the forward and after ends of the length (L). The forward perpendicular shall be coincident with the foreside of the stem on the waterline on which the length is measured.

(7) Breadth (B) is the maximum breadth of the vessel, measured amidships to the moulded line of the frame in a vessel with a metal shell and to the outer surface of the hull in a vessel with a shell of any other material.

(8) (a) The moulded depth is the vertical distance measured from the keel line to the top of the working deck beam at side.

(b) In vessels having rounded gunwales, the moulded depth shall be measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design.

(c) Where the working deck is stepped and the raised part of the deck extends over the point at which the moulded depth is to be determined, the moulded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part.

(9) Depth (D) is the moulded depth amidships.

(10) Deepest operating waterline is the waterline related to the maximum permissible operating draught.

(11) Amidships is the mid-length of L.

(12) Midship section is that section of the hull defined by the intersection of the moulded surface of the hull with a vertical plane perpendicular to the waterline and centreline planes passing through amidships.

(13) Keel line is the line parallel to the slope of keel passing amidships through:

(a) the top of the keel or line of intersection of the inside of shell plating with the keel where a bar keel extends above that line of a vessel with a metal shell; or

(b) the rabbet lower line of the keel of a vessel with a shell of wood or a composite vessel; or

(c) the intersection of a fair extension of the outside of the shell contour at the bottom with the centreline of a vessel with a shell of material other than wood and metal.

(14) Working deck is generally the lowest complete deck above the deepest operating waterline from which fishing is undertaken. In vessels fitted with two or more complete decks, the Administration may accept a lower deck as a working deck provided that that deck is situated above the deepest operating waterline.

(15) Superstructure is the decked structure on the working deck extending from side to side of the vessel or with the side plating not being inboard of the shell plating more than 0.04B.

(16) Enclosed superstructure is a superstructure with:

(a) enclosing bulkheads of efficient construction;

(b) access openings, if any, in those bulkheads fitted with permanently attached weathertight doors of a strength equivalent to the unpierced structure which can be operated from each side; and

(c) other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.

A bridge or poop shall not be regarded as enclosed unless access is provided for the crew to reach machinery and other working spaces inside those superstructures by alternative means which are available at all times when bulkhead openings are closed.

(17) Superstructure deck is that complete or partial deck forming the top of a superstructure, deckhouse or other erection situated at a height of not less than 1.8 m above the working deck. Where this height is less than 1.8 m, the top of such deckhouses or other erections shall be treated in the same way as the working deck.

(18) Height of a superstructure or other erection is the least vertical distance measured at side from the top of the deck beams of a superstructure or an erection to the top of the working deck beams.

(19) Weathertight means that in any sea conditions water will not penetrate into the vessel.

(20) Watertight means capable of preventing the passage of water through the structure in any direction under a head of water for which the surrounding structure is designed.

(21) Collision bulkhead is a watertight bulkhead up to the working deck in the forepart of the vessel which meets the following conditions:

(a) The bulkhead shall be located at a distance from the forward perpendicular:

(i) not less than 0.05L and not more than 0.08L for vessels of 45 m in length and over;

(ii) not less than 0.05L and not more than 0.05L plus 1.35 m for vessels of less than 45 m in length, except as may be allowed by the Administration;

(iii) in no case, less than 2 m.

(b) Where any part of the underwater body extends forward of the forward perpendicular, e.g. a bulbous bow, the distance stipulated in subparagraph (a) shall be measured from a point at mid-length of the extension forward of the forward perpendicular or from a point 0.015L forward of the forward perpendicular, whichever is less.

(c) The bulkhead may have steps or recesses provided they are within the limits prescribed in subparagraph (a).

(22) Gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any instrument amending or replacing it.

(23) Anniversary date means the day and the month of each year which will correspond to the date of expiry of the relevant certificate.

Regulation 3

Exemptions

(1) The Administration may exempt any vessel which embodies features of a novel kind from any of the requirements of chapters II, III, IV, V, VI and VII, the application of which might seriously impede research into the development of such features and their incorporation in vessels. Any such vessel shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel.

(2) Exemptions from the requirements of chapter IX are dealt with in regulation IX/3 and exemptions from chapter X are dealt with in regulation X/2.

(3) The Administration may exempt any vessel entitled to fly its flag from any of the requirements of this annex, if it considers that the application is unreasonable and impracticable in view of the type of vessel, the weather conditions and the absence of general navigational hazards, provided:

(a) the vessel complies with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel and persons on board;

(b) the vessel is operating solely in:

(i) a common fishing zone established in adjoining marine areas under the jurisdiction of neighbouring States which have established that zone, in respect of vessels entitled to fly their flags, only to the extent and under the conditions that those States agree, in accordance with international law, to establish in this regard; or

(ii) the exclusive economic zone of the State of the flag it is entitled to fly, or, if that State has not established such a zone, in an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured; or

(iii) the exclusive economic zone or a marine area under the jurisdiction of another State, or a common fishing zone, in accordance with an agreement between the States concerned in accordance with international law, only to the extent and under the conditions that those States agree to establish in this regard; and

(c) the Administration notifies the Secretary-General of the terms and conditions on which the exemption is granted under this paragraph.

(4) An Administration which allows any exemption under paragraph (1) or (2) shall communicate to the Organization particulars of the same to the extent necessary to confirm that the level of safety is adequately maintained and the Organization shall circulate such particulars to the Parties for their information.

Regulation 4

Equivalents

(1) Where the present regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made, the Administration may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made in that vessel, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the present regulations.

(2) Any Administration which so allows, in substitution, a fitting, material, appliance or apparatus, or type thereof, or provision, shall communicate to the Organization particulars thereof together with a report on any trials made and the Organization shall circulate such particulars to other Parties for the information of their officers.

Regulation 5

Repairs, alterations and modifications

(1) A vessel which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the vessel.

(2) Repairs, alterations and modifications of a major character and outfitting related thereto shall meet the requirements for a new vessel only to the extent of such repairs, alterations and modifications and in so far as the Administration deems reasonable and practicable.

Regulation 6

Inspection and survey

(1) The inspection and survey of vessels, so far as regards the enforcement of the provisions of the present regulations and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.

(2) An Administration nominating surveyors or recognizing organizations to conduct inspections and surveys as set forth in paragraph (1) shall as a minimum empower any nominated surveyor or recognized organization to:

(a) require repairs to a vessel; and

(b) carry out inspections and surveys if requested by the appropriate authorities of a port State.

The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognized organizations.

(3) When a nominated surveyor or recognized organization determines that the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate or is such that the vessel is not fit to proceed to sea without danger to the vessel or persons on board, such surveyor or organization shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken, the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the vessel is in the port of another Party, the appropriate authorities of the port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or a recognized organization has notified the appropriate authorities of the port State, the Government of the port State concerned shall give such officer, surveyor or organization any necessary assistance to carry out their obligations under this regulation. When applicable, the Government of the port State concerned shall ensure that the vessel shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the vessel or persons on board.

(4) In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and survey and shall undertake to ensure the necessary arrangements to satisfy this obligation.

Regulation 7

Surveys of life-saving appliances and other equipment

(1) The life-saving appliances and other equipment as referred to in paragraph (2)(a) shall be subject to the surveys specified below:

(a) an initial survey before the vessel is put in service;

(b) a renewal survey at intervals specified by the Administration but not exceeding five years, except where regulations 13(2), 13(5) and 13(6) are applicable;

(c) a periodical survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the International Fishing Vessel Safety Certificate which shall take the place of one of the annual surveys specified in paragraph (1)(d). Alternatively, the Administration may decide that the periodical survey shall be carried out within three months before the second anniversary date and three months after the third anniversary date of the International Fishing Vessel Safety Certificate;

(d) an annual survey within three months before or after each anniversary date of the International Fishing Vessel Safety Certificate; and

(e) an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in regulation 10 or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the vessel complies in all respects with the provisions of the present regulations and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(2)The surveys referred to in paragraph (1) shall be carried out as follows:

(a) the initial survey shall include a complete inspection of the fire safety systems and appliances, life-saving appliances and arrangements except radio installations, the shipborne navigational equipment, pilot transfer arrangements and other equipment to which chapters II, III, IV, V, VI, VII, VIII and X apply to ensure that they comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the vessel is intended. The fire control plans, nautical publications, lights, shapes, means of making sound signals and distress signals shall also be subject to the above-mentioned survey for the purpose of ensuring that they comply with the requirements of the present regulations and, where applicable, the International Regulations for Preventing Collisions at Sea in force;

(b) the renewal and periodical surveys shall include an inspection of the equipment referred to in paragraph (2)(a) to ensure that it complies with the relevant requirements of the present regulations and the International Regulations for Preventing Collisions at Sea in force, is in satisfactory condition and is fit for the service for which the vessel is intended; and

(c) the annual survey shall include a general inspection of the equipment referred to in paragraph (2)(a) to ensure that it has been maintained in accordance with regulation 10(1) and that it remains satisfactory for the service for which the vessel is intended.

(3) The periodical and annual surveys referred to in paragraphs (1)(c) and (1)(d) shall be endorsed on the International Fishing Vessel Safety Certificate.

Regulation 8

Surveys of radio installations

(1)The radio installations, including those used in life-saving appliances, of vessels to which chapters VII and IX apply shall be subject to the surveys specified below:

(a) an initial survey before the vessel is put in service;

(b) a renewal survey at intervals specified by the Administration but not exceeding five years, except where regulations 13(2), 13(5) and 13(6) are applicable;

(c) a periodical survey within three months before or after each anniversary date of the International Fishing Vessel Safety Certificate; or a periodical survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the International Fishing Vessel Safety Certificate. Alternatively, the Administration may decide that the periodical survey shall be carried out within three months before the second anniversary date and three months after the third anniversary date of the International Fishing Vessel Safety Certificate; and

(d) an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in regulation 10 or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the vessel complies in all respects with the provisions of the present regulations and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(2) The surveys referred to in paragraph (1) shall be carried out as follows:

(a) the initial survey shall include a complete inspection of the radio installations, including those used in life-saving appliances, to ensure that they comply with the requirements of the present regulations; and

(b) the renewal and periodical surveys shall include an inspection of the radio installations, including those used in life-saving appliances, to ensure that they comply with the requirements of the present regulations.

(3) The periodical surveys referred to in paragraph (1)(c) shall be endorsed on the International Fishing Vessel Safety Certificate.

Regulation 9

Surveys of structure, machinery and equipment

(1) The structure, machinery and equipment (other than items in respect of regulations 7 and 8) as referred to in paragraph (2)(a) shall be subject to the surveys and inspections specified below:

(a) an initial survey including an inspection of the outside of the vessel's bottom before the vessel is put in service;

(b) a renewal survey at intervals specified by the Administration but not exceeding five years, except where regulations 13(2), 13(5) and 13(6) are applicable;

(c) an intermediate survey within three months before or after the second anniversary date or within three months before or after the third anniversary date of the International Fishing Vessel Safety Certificate, which shall take the place of one of the annual surveys specified in paragraph (1)(d). Alternatively, the Administration may decide that the intermediate survey shall be carried out within three months before the second anniversary date and three months after the third anniversary date of the International Fishing Vessel Safety Certificate;

(d) an annual survey within three months before or after each anniversary date of the International Fishing Vessel Safety Certificate;

(e) a minimum of two inspections of the outside of the vessel's bottom during any five-year period, except where regulation 13(5) is applicable. Where regulation 13(5) is applicable, this five-year period may be extended to coincide with the extended period of validity of the certificate. In all cases the interval between any two such inspections shall not exceed 36 months; and

(f) an additional survey either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in regulation 10, or whenever any important repairs or renewals are made. The survey shall be such as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory, and that the vessel complies in all respects with the provisions of the present regulations and of the International Regulations for Preventing Collisions at Sea in force, and of the laws, decrees, orders and regulations promulgated as a result thereof by the Administration.

(2) The surveys and inspections referred to in paragraph (1) shall be carried out as follows:

(a) the initial survey shall include a complete inspection of the structure, machinery and equipment. This survey shall be such as to ensure that the arrangements, materials, scantlings and workmanship of the structure, boilers and other pressure vessels, their appurtenances, main and auxiliary machinery including steering gear and associated control systems, electrical installation and other equipment comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the vessel is intended and that the required stability information is provided;

(b) the renewal survey shall include an inspection of the structure, machinery and equipment referred to in paragraph (2)(a) to ensure that they comply with the requirements of the present regulations, are in satisfactory condition and are fit for the service for which the vessel is intended;

(c) the intermediate survey shall include an inspection of the structure, boilers and other pressure vessels, machinery and equipment, the steering gear and the associated control systems and electrical installations to ensure that they remain satisfactory for the service for which the vessel is intended;

(d) the annual survey shall include a general inspection of the structure, machinery and equipment referred to in paragraph (2)(a), to ensure that they have been maintained in accordance with regulation 10(1) and that they remain satisfactory for the service for which the vessel is intended; and

(e) the inspection of the outside of the vessel's bottom and the survey of related items inspected at the same time shall be such as to ensure that they remain satisfactory for the service for which the vessel is intended.

(3) The intermediate and annual surveys and the inspections of the outside of the vessel's bottom referred to in paragraphs (1)(c), (1)(d) and (1)(e) shall be endorsed on the International Fishing Vessel Safety Certificate.

Regulation 10

Maintenance of conditions after survey

(1) The condition of the vessel and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the vessel in all respects will remain fit to proceed to sea without danger to the vessel or persons on board.

(2) After any survey of the vessel under regulation 7, 8 or 9 has been completed, no change shall be made in the structural arrangements, machinery, equipment and other items covered by the survey, without the sanction of the Administration.

(3) Whenever an accident occurs to a vessel or a defect is discovered, either of which affects the safety of the vessel or the efficiency or completeness of its life-saving appliances or other equipment, the skipper or owner of the vessel shall report at the earliest opportunity to the Administration, the nominated surveyor or recognized organization responsible for issuing the relevant certificate, who shall cause investigations to be initiated to determine whether a survey, as required by regulation 7, 8 or 9, is necessary. If the vessel is in a port of another Party, the skipper or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such a report has been made.

Regulation 11

Issue or endorsement of certificates

(1) A certificate called an International Fishing Vessel Safety Certificate shall be issued, except for vessels exempted under regulation 3(3), after an initial or renewal survey to a fishing vessel which complies with the relevant requirements of chapters II, III, IV, V, VI, VII, VIII, IX and X and any other relevant requirements of the present regulations.

(2) The International Fishing Vessel Safety Certificate referred to in paragraph (1) shall be supplemented by a Record of Equipment.

(3) When an exemption is granted to a vessel under and in accordance with the provisions of the present regulations, except for vessels exempted under regulation 3(3), a certificate called an International Fishing Vessel Exemption Certificate shall be issued in addition to the certificate prescribed in this regulation.

(4) The certificates referred to in this regulation shall be issued or endorsed either by the Administration or by any person or organization authorized by it. In every case, that Administration assumes full responsibility for the certificates.

Regulation 12

Issue or endorsement of certificates by another Party

A Party may, at the request of the Administration, cause a vessel to be surveyed and, if satisfied that the requirements of the present regulations are complied with, shall issue or authorize the issue of certificates to the vessel and, where appropriate, endorse or authorize the endorsement of certificates on the vessel in accordance with the present regulations. Any certificate so issued shall contain a statement to the effect that it has been issued at the request of the Government of the State the flag of which the vessel is entitled to fly, and it shall have the same force and receive the same recognition as a certificate issued under regulation 11.

Regulation 13

Duration and validity of certificates

(1) An International Fishing Vessel Safety Certificate shall be issued for a period specified by the Administration which shall not exceed five years. An International Fishing Vessel Exemption Certificate shall not be valid for longer than the period of the certificate to which it refers.

(2) (a) Notwithstanding the requirements of paragraph (1), when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate.

(b) When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate.

(c) When the renewal survey is completed more than three months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.

(3) If a certificate is issued for a period of less than five years, the Administration may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (1), provided that the surveys referred to in regulations 7, 8 and 9 applicable when a certificate is issued for a period of five years are carried out as appropriate.

(4) If a renewal survey has been completed and a new certificate cannot be issued or placed on board the vessel before the expiry date of the existing certificate, the person or organization authorized by the Administration may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed five months from the expiry date.

(5) If a vessel at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the vessel to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than three months, and a vessel to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate before the extension was granted.

(6) In special circumstances, as determined by the Administration, a new certificate need not be dated from the date of expiry of the existing certificate as required by paragraph (2)(b) or (5). In these special circumstances, the new certificate shall be valid to a date not exceeding five years from the date of completion of the renewal survey.

(7) If an annual, intermediate or periodical survey is completed before the period specified in the relevant regulations, then:

(a) the anniversary date shown on the relevant certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;

(b) the subsequent annual, intermediate or periodical survey required by the relevant regulations shall be completed at the intervals prescribed by these regulations using the new anniversary date; and

(c) the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by the relevant regulations are not exceeded.

(8) A certificate issued under regulation 11 or 12 shall cease to be valid in any of the following cases:

(a) if the relevant surveys and inspections are not completed within the periods specified under regulations 7(1), 8(1) and 9(1);

(b) if the certificate is not endorsed in accordance with the present regulations; and

(c) upon transfer of the vessel to the flag of another State. A new certificate shall only be issued when the Government issuing the new certificate is fully satisfied that the vessel is in compliance with the requirements of regulations 10(1) and 10(2). In the case of a transfer between Parties, if requested within three months after the transfer has taken place, the Government of the State whose flag the vessel was formerly entitled to fly shall, as soon as possible, transmit to the Administration copies of the certificates carried by the vessel before a transfer and, if available, copies of the relevant survey reports.

Regulation 14

Forms of certificates and records of equipment

The certificates and records of equipment shall be drawn up in the form corresponding to the models given in the appendix to the Annex to the present Protocol. If the language used is neither English nor French, the text shall include a translation into one of these languages. (2)

Regulation 15

Availability of certificates

The certificates issued under regulations 11 and 12 shall be readily available on board for examination at all times.

Regulation 16

Acceptance of certificates

Certificates issued under the authority of a Party shall be accepted by the other Party for all purposes covered by the present Protocol. They shall be regarded by the other Party as having the same force as certificates issued by them.

Regulation 17

Privileges

The privileges of the present Protocol may not be claimed in favour of any vessel unless it holds appropriate valid certificates.

CHAPTER II

Construction, watertight integrity and equipment

Regulation 1

Construction

(1) Strength and construction of hull, superstructures, deckhouses, machinery casings, companionways and any other structures and vessel's equipment shall be sufficient to withstand all foreseeable conditions of the intended service and shall be to the satisfaction of the Administration.

(2) The hull of vessels intended for operation in ice shall be strengthened in accordance with the anticipated conditions of navigation and area of operation.

(3) Bulkheads, closing devices and closures of openings in these bulkheads, as well as methods for their testing, shall be in accordance with the requirements of the Administration. Vessels constructed of material other than wood shall be fitted with a collision bulkhead and at least with watertight bulkheads bounding the main machinery space. Such bulkheads shall be extended up to the working deck. In vessels constructed of wood such bulkheads, which as far as practicable shall be watertight, shall also be fitted.

(4) Pipes piercing the collision bulkhead shall be fitted with suitable valves operable from above the working deck and the valve chest shall be secured at the collision bulkhead inside the forepeak. No door, manhole, ventilation duct or any other opening shall be fitted in the collision bulkhead below the working deck.

(5) Where a long forward superstructure is fitted, the collision bulkhead shall be extended weathertight to the deck next above the working deck. The extension need not be fitted directly over the bulkhead below provided it is located within the limits given in regulation I/2(21) and the part of the deck which forms the step is made effectively weathertight.

(6) The number of openings in the collision bulkhead above the working deck shall be reduced to the minimum compatible with the design and normal operation of the vessel. Such openings shall be capable of being closed weathertight.

(7) In vessels of 75 m in length and over, a watertight double bottom shall be fitted, as far as practicable, between the collision bulkhead and the afterpeak bulkhead.

Regulation 2

Watertight doors

(1) The number of openings in watertight bulkheads, as required by regulation 1(3), shall be reduced to the minimum compatible with the general arrangements and operational needs of the vessel; openings shall be fitted with watertight closing appliances to the satisfaction of the Administration. Watertight doors shall be of an equivalent strength to the adjacent unpierced structure.

(2) In vessels of less than 45 m in length, such doors may be of the hinged type, which shall be capable of being operated locally from each side of the door and shall normally be kept closed at sea. A notice shall be attached to the door on each side to state that the door shall be kept closed at sea.

(3) In vessels of 45 m in length and over, watertight doors shall be of the sliding type in:

(a) spaces where it is intended to open them at sea and if located with their sills below the deepest operating waterline, unless the Administration considers it to be impracticable or unnecessary taking into account the type and operation of the vessels; and

(b) the lower part of a machinery space where there is access from it to a shaft tunnel.

Otherwise watertight doors may be of the hinged type.

(4) Sliding watertight doors shall be capable of being operated when the vessel is listed up to 15º either way.

(5) Sliding watertight doors whether manually operated or otherwise shall be capable of being operated locally from each side of the door; in vessels of 45 m in length and over, these doors shall also be capable of being operated by remote control from an accessible position above the working deck except when the doors are fitted in crew accommodation spaces.

(6) Means shall be provided at remote operating positions to indicate when a sliding door is open or closed.

Regulation 3

Hull integrity

(1) External openings shall be capable of being closed so as to prevent water from entering the vessel. Deck openings which may be open during fishing operations shall normally be arranged near to the vessel's centreline. However, the Administration may approve different arrangements if satisfied that the safety of the vessel will not be impaired.

(2) Fish flaps on stern trawlers shall be power-operated and capable of being controlled from any position which provides an unobstructed view of the operation of the flaps.

Regulation 4

Weathertight doors

(1) All access openings in bulkheads of enclosed superstructures and other outer structures through which water could enter and endanger the vessel, shall be fitted with doors permanently attached to the bulkhead, framed and stiffened so that the whole structure is of equivalent strength to the unpierced structure, and weathertight when closed. The means for securing these doors weathertight shall consist of gaskets and clamping devices or other equivalent means and shall be permanently attached to the bulkhead or to the doors themselves, and shall be so arranged that they can be operated from each side of the bulkhead. The Administration may, without prejudice to the safety of the crew, permit the doors to be opened from one side only for freezer rooms, provided that a suitable alarm device is fitted to prevent persons being trapped in those rooms.

(2) The height above deck of sills in those doorways, in companionways, erections and machinery casings which give direct access to parts of the deck exposed to the weather and sea shall be at least 600 mm on the working deck and at least 300 mm on the superstructure deck. Where operating experience has shown justification and on approval of the Administration, these heights, except in the doorways giving direct access to machinery spaces, may be reduced to not less than 380 mm and 150 mm respectively.

Regulation 5

Hatchways closed by wood covers

(1) The height above deck of hatchway coamings shall be at least 600 mm on exposed parts of the working deck and at least 300 mm on the superstructure deck.

(2) The finished thickness of wood hatchway covers shall include an allowance for abrasion due to rough handling. In any case, the finished thickness of these covers shall be at least 4 mm for each 100 mm of unsupported span subject to a minimum of 40 mm and the width of their bearing surfaces shall be at least 65 mm.

(3) Arrangements for securing wood hatchway covers weathertight shall be provided to the satisfaction of the Administration.

Regulation 6

Hatchways closed by covers other than wood

(1) The height above deck of hatchway coamings shall be as specified in regulation 5(1). Where operating experience has shown justification, and on the approval by the Administration, the height of these coamings may be reduced, or the coamings omitted entirely, provided that the safety of vessels is not thereby impaired. In this case, the hatchway openings shall be kept as small as practicable and the covers be permanently attached by hinges or equivalent means and be capable of being rapidly closed and battened down, or by equally effective arrangements to the satisfaction of the Administration.

(2) For the purpose of strength calculations, it shall be assumed that hatchway covers are subjected to the weight of cargo intended to be carried on them or to the following static loads, whichever is the greater:

(a) 10 kN/m2 for vessels of 24 m in length;

(b) 17 kN/m2 for vessels of 100 m in length and over.

For intermediate lengths the load values shall be determined by linear interpolation. The Administration may reduce the loads to not less than 75 % of the above values for covers to hatchways situated on the superstructure deck in a position abaft a point located 0.25L from the forward perpendicular.

(3) Where covers are made of mild steel, the maximum stress calculated according to paragraph (2) multiplied by 4.25 shall not exceed the minimum ultimate strength of the material. Under these loads the deflections shall not be more than 0.0028 times the span.

(4) Covers made of materials other than mild steel shall be at least of equivalent strength to those made of mild steel, and their construction shall be of sufficient stiffness ensuring weathertightness under the loads specified in paragraph (2).

(5) Covers shall be fitted with clamping devices and gaskets sufficient to ensure weathertightness, or other equivalent arrangements to the satisfaction of the Administration.

Regulation 7

Machinery space openings

(1) Machinery space openings shall be framed and enclosed by casings of a strength equivalent to the adjacent superstructure. External access openings therein shall be fitted with doors complying with the requirements of regulation 4.

(2) Openings other than access openings shall be fitted with covers of equivalent strength to the unpierced structure, permanently attached thereto and capable of being closed weathertight.

Regulation 8

Other deck openings

(1) Where it is essential for fishing operations, flush deck scuttles of the screw, bayonet or equivalent type and manholes may be fitted provided these are capable of being closed watertight and such devices shall be permanently attached to the adjacent structure. Having regard to the size and disposition of the openings and the design of the closing devices, metal-to-metal closures may be fitted if the Administration is satisfied that they are effectively watertight.

(2) Openings other than hatchways, machinery space openings, manholes and flush scuttles in the working or superstructure deck shall be protected by enclosed structures fitted with weathertight doors or their equivalent. Companionways shall be situated as close as practicable to the centreline of the vessel.

Regulation 9

Ventilators

(1) In vessels of 45 m in length and over, the height above deck of ventilator coamings, other than machinery space ventilator coamings, shall be at least 900 mm on the working deck and at least 760 mm on the superstructure deck. In vessels of less than 45 m in length, the height of these coamings shall be 760 mm and 450 mm respectively. The height above deck of machinery space ventilator openings shall be to the satisfaction of the Administration.

(2) Coamings of ventilators shall be of equivalent strength to the adjacent structure and capable of being closed weathertight by closing appliances permanently attached to the ventilator or adjacent structure. Where the coaming of any ventilator exceeds 900 mm in height, it shall be specially supported.

(3) Closing appliances in vessels of 45 m in length and over need not be fitted to ventilators the coamings of which extend to more than 4.5 m above the working deck or more than 2.3 m above the superstructure deck unless specifically required by the Administration. In vessels of less than 45 m in length, closing appliances need not be fitted to ventilators the coamings of which extend to more than 3.4 m above the working deck or more than 1.7 m above the superstructure deck. If the Administration is satisfied that it is unlikely that water will enter the vessel through machinery space ventilators, closing appliances to such ventilators may be omitted.

Regulation 10

Air pipes

(1) Where air pipes to tanks and void spaces below deck extend above the working or the superstructure decks, the exposed parts of the pipes shall be of strength equivalent to the adjacent structures and fitted with appropriate protection. Openings of air pipes shall be provided with means of closing, permanently attached to the pipe or adjacent structure.

(2) The height of air pipes above deck to the point where water may have access below shall be at least 760 mm on the working deck and at least 450 mm on the superstructure deck. The Administration may accept reduction of the height of an air pipe to avoid interference with the fishing operations.

Regulation 11

Sounding devices

(1) Sounding devices, to the satisfaction of the Administration, shall be fitted:

(a) to the bilges of those compartments which are not readily accessible at all times during the voyage; and

(b) to all tanks and cofferdams.

(2) Where sounding pipes are fitted, their upper ends shall be extended to a readily accessible position and, where practicable, above the working deck. Their openings shall be provided with permanently attached means of closing. Sounding pipes which are not extended above the working deck shall be fitted with automatic self-closing devices.

Regulation 12

Sidescuttles and windows

(1) Sidescuttles to spaces below the working deck and to spaces within the enclosed structures on that deck shall be fitted with hinged deadlights capable of being closed watertight.

(2) No sidescuttle shall be fitted in such a position that its sill is less than 500 mm above the deepest operating waterline.

(3) Sidescuttles fitted less than 1,000 mm above the deepest operating waterline shall be of the fixed type.

(4) Sidescuttles, together with their glasses and deadlights shall be of an approved construction. Those prone to be damaged by fishing gear shall be suitably protected.

(5) Toughened safety glass or its equivalent shall be used for the wheelhouse windows.

(6) The Administration may accept sidescuttles and windows without deadlights in side and aft bulkheads of deckhouses located on or above the working deck, if satisfied that the safety of the vessel will not be impaired.

Regulation 13

Inlets and discharges

(1) Discharges led through the shell either from spaces below the working deck or from within enclosed superstructures or deckhouses on the working deck fitted with doors complying with the requirements of regulation 4 shall be fitted with accessible means for preventing water from passing inboard. Normally each separate discharge shall have an automatic non-return valve with a positive means of closing it from an accessible position. Such a valve is not required if the Administration considers that the entry of water into the vessel through the opening is not likely to lead to dangerous flooding and that the thickness of the piping is sufficient. The means for operating the positive action valve shall be provided with an indicator showing whether the valve is open or closed.

(2) In manned machinery spaces main and auxiliary sea inlets and discharges essential for the operation of machinery may be controlled locally. The controls shall be accessible and shall be provided with indicators showing whether the valves are open or closed.

(3) Fittings attached to the shell and the valves required by this regulation shall be of steel, bronze or other approved ductile material. All pipes between the shell and the valves shall be of steel, except that in spaces other than machinery spaces of vessels constructed of material other than steel the Administration may approve the use of other materials.

Regulation 14

Freeing ports

(1) Where bulwarks on weather parts of the working deck form wells, the minimum freeing port area (A) in square metres on each side of the vessel for each well on the working deck shall be determined in relation to the length (I) and height of bulwark in the well as follows:

(a) A = 0.07 l (l need not be taken as greater than 0.7L).

(b) (i) Where the bulwark is more than 1,200 mm in average height, the required area shall be increased by 0.004 m2 per metre of length of well for each 100 mm difference in height.

(ii) Where the bulwark is less than 900 mm in average height, the required area may be decreased by 0.004 m2 per metre of length of well for each 100 mm difference in height.

(2) The freeing port area calculated according to paragraph (1) shall be increased where the Administration considers that the vessel's sheer is not sufficient to ensure that the deck is rapidly and effectively freed of water.

(3) Subject to the approval of the Administration the minimum freeing port area for each well on the superstructure deck shall be not less than one half the area (A) given in paragraph (1).

(4) Freeing ports shall be so arranged along the length of bulwarks as to ensure that the deck is freed of water most rapidly and effectively. Lower edges of freeing ports shall be as near the deck as practicable.

(5) Poundboards and means for stowage of the fishing gear shall be arranged so that the effectiveness of freeing ports will not be impaired. Poundboards shall be so constructed that they can be locked in position when in use and shall not hamper the discharge of shipped water.

(6) Freeing ports over 300 mm in depth shall be fitted with bars spaced not more than 230 mm nor less than 150 mm apart or provided with other suitable protective arrangements. Freeing port covers, if fitted, shall be of approved construction. If devices are considered necessary for locking freeing port covers during fishing operations, they shall be to the satisfaction of the Administration and easily operable from a readily accessible position.

(7) In vessels intended to operate in areas subject to icing, covers and protective arrangements for freeing ports shall be capable of being easily removed to restrict ice accretion. The size of openings and means provided for removal of these protective arrangements shall be to the satisfaction of the Administration.

Regulation 15

Anchor and mooring equipment

Anchor equipment designed for quick and safe operation shall be provided which shall consist of anchoring equipment, anchor chains or wire ropes, stoppers and a windlass or other arrangements for dropping and hoisting the anchor and for holding the vessel at anchor in all foreseeable service conditions. Vessels shall also be provided with adequate mooring equipment for safe mooring in all operating conditions. Anchor and mooring equipment shall be to the satisfaction of the Administration. (3)

CHAPTER III

Stability and associated seaworthiness

Regulation 1

General

Vessels shall be so designed and constructed that the requirements of this chapter will be satisfied in the operating conditions referred to in regulation 7. Calculations of the righting lever curves shall be to the satisfaction of the Administration. (4)

Regulation 2

Stability criteria

(1) The following minimum stability criteria shall be met unless the Administration is satisfied that operating experience justifies departures therefrom:

(a) the area under the righting lever curve (GZ curve) shall not be less than 0.055 m-rad up to 30º angle of heel and not less than 0.09 m-rad up to 40º or the angle of flooding (Teta)(índice f) if this angle is less than 40º. Additionally, the area under the righting lever curve (GZ curve) between the angles of heel of 30º and 40º or between 30º and (Teta)(índice f), if this angle is less than 40º shall not be less than 0.03 m-rad. (Teta)(índice f) is the angle of heel at which openings in the hull, superstructure or deckhouses which cannot rapidly be closed weathertight commence to immerse. In applying this criterion, small openings through which progressive flooding cannot take place need not be considered as open;

(b) the righting level GZ shall be at least 200 mm at an angle of heel equal to or greater than 30º;

(c) the maximum righting lever GZ(índice max) shall occur at an angle of heel preferably exceeding 30º but not less than 25º;

(d) the initial metacentric height GM shall not be less than 350 mm for single deck vessels. In vessels with complete superstructure or vessels of 70 m in length and over, the metacentric height may be reduced to the satisfaction of the Administration but in no case shall be less than 150 mm.

(2) Where arrangements other than bilge keels are provided to limit the angles of roll, the Administration shall be satisfied that the stability criteria given in paragraph (1) are maintained in all operating conditions.

(3) Where ballast is provided to ensure compliance with paragraph (1), its nature and arrangement shall be to the satisfaction of the Administration.

Regulation 3

Flooding of fish-holds

The angle of heel at which progressive flooding of fish-holds could occur through hatches which remain open during fishing operations and which cannot rapidly be closed shall be at least 20º unless the stability criteria of regulation 2(1) can be satisfied with the respective fish-holds partially or completely flooded.

Regulation 4

Particular fishing methods

Vessels engaged in particular fishing methods where additional external forces are imposed on the vessel during fishing operations, shall meet the stability criteria of regulation 2(1) increased, if necessary, to the satisfaction of the Administration.

Regulation 5

Severe wind and rolling

Vessels shall be able to withstand, to the satisfaction of the Administration, the effect of severe wind and rolling in associated sea conditions taking account of the seasonal weather conditions, the sea states in which the vessel will operate, the type of vessel and its mode of operation. (5)

Regulation 6

Water on deck

Vessels shall be able to withstand, to the satisfaction of the Administration, the effect of water on deck, taking account of the seasonal weather conditions, the sea states in which the vessel will operate, the type of vessel and its mode of operation. (6)

Regulation 7

Operating conditions

(1) The number and type of operating conditions to be considered shall be to the satisfaction of the Administration and shall include the following, as appropriate:

(a) departure for the fishing grounds with full fuel, stores, ice, fishing gear, etc.;

(b) departure from the fishing grounds with full catch;

(c) arrival at home port with full catch and 10 % stores, fuel, etc.; and

(d) arrival at home port with 10 % stores, fuel, etc. and a minimum catch, which shall normally be 20 % of full catch but may be up to 40 %, provided the Administration is satisfied that operating patterns justify such a value.

(2) In addition to the specific operating conditions given in paragraph (1) the Administration shall also be satisfied that the minimum stability criteria given in regulation 2 are met under all other actual operating conditions including those which produce the lowest values of the stability parameters contained in these criteria. The Administration shall also be satisfied that those special conditions associated with a change in the vessel's mode or areas of operation which affect the stability considerations of this chapter are taken into account.

(3) Concerning the conditions referred to in paragraph (1), the calculations shall include the following:

(a) allowance for the weight of the wet fishing nets and tackle, etc. on the deck;

(b) allowance for ice accretion, if anticipated, in accordance with the provisions of regulation 8;

(c) homogeneous distribution of the catch, unless this is inconsistent with practice;

(d) catch on deck, if anticipated, in operating conditions referred to in paragraph (1)(b) and (c) and paragraph (2);

(e) water ballast if carried either in tanks which are especially provided for this purpose or in other tanks also equipped for carrying water ballast; and

(f) allowance for the free surface effect of liquids and, if applicable, catch carried.

Regulation 8

Ice accretion

(1) For vessels operating in areas where ice accretion is likely to occur the following icing allowance shall be made in the stability calculations: (7)

(a) 30 kg/m2 on exposed weather decks and gangways;

(b) 7.5 kg/m2 for projected lateral area of each side of the vessel above the water plane;

(c) the projected lateral area of discontinuous surfaces of rail, spars (except masts) and rigging of vessels having no sails and the projected lateral area of other small objects shall be computed by increasing the total projected area of continuous surfaces by 5 % and the static moments of this area by 10 %.

(2) Vessels intended for operation in areas where ice accretion is known to occur shall be:

(a) designed to minimize the accretion of ice; and

(b) equipped with such means for removing ice as the Administration may require.

Regulation 9

Inclining test

(1) Every vessel shall undergo an inclining test upon its completion and the actual displacement and position of the centre of gravity shall be determined for the lightship condition.

(2) Where alterations are made to a vessel affecting its lightship condition and the position of the centre of gravity, the vessel shall, if the Administration considers this necessary, be re-inclined and the stability information revised.

(3) The Administration may allow the inclining test of an individual vessel to be dispensed with, provided basic stability data are available from the inclining test of a sister ship and it is shown, to the satisfaction of the Administration, that reliable stability information for the exempted vessel can be obtained from such basic data.

Regulation 10

Stability information

(1) Suitable stability information shall be supplied to enable the skipper to assess with ease and certainty the stability of the vessel under various operating conditions. (8) Such information shall include specific instructions to the skipper warning him of those operating conditions which could adversely affect either the stability or the trim of the vessel. A copy of the stability information shall be submitted to the Administration for approval. (9)

(2) The approved stability information shall be kept on board, readily accessible at all times and inspected at the periodical surveys of the vessel to ensure that it has been approved for the actual operating conditions.

(3) Where alterations are made to a vessel affecting its stability, revised stability calculations shall be prepared and submitted to the Administration for approval. If the Administration decides that the stability information must be revised, the new information shall be supplied to the skipper and the superseded information removed.

Regulation 11

Portable fish-hold divisions

The catch shall be properly secured against shifting which could cause dangerous trim or heel of the vessel. The scantlings of portable fish-hold divisions, if fitted, shall be to the satisfaction of the Administration. (10)

Regulation 12

Bow height

The bow height shall be sufficient, to the satisfaction of the Administration, to prevent the excessive shipping of water and shall be determined taking account of the seasonal weather conditions, the sea states in which the vessel will operate, the type of vessel and its mode of operation. (11)

Regulation 13

Maximum permissible operating draught

A maximum permissible operating draught shall be approved by the Administration and shall be such that, in the associated operating condition, the stability criteria of this chapter and the requirements of chapters II and VI, as appropriate, are satisfied.

Regulation 14

Subdivision and damage stability

Vessels of 100 m in length and over, where the total number of persons carried is 100 or more, shall be capable, to the satisfaction of the Administration, of remaining afloat with positive stability, after the flooding of any one compartment assumed damaged, having regard to the type of vessel, the intended service and area of operation. (12)

CHAPTER IV

Machinery and electrical installations and periodically unattended machinery spaces

PART A

General

Regulation 1

Application

The provisions of this chapter shall apply to vessels of 45 m in length and over.

Regulation 2

Definitions

(1) Main steering gear is the machinery, the steering gear power units, if any, and ancillary equipment and the means of applying torque to the rudder stock (e.g. tiller or quadrant) necessary for effecting movement of the rudder for the purpose of steering the vessel under normal service conditions.

(2) Auxiliary means of activating the rudder is the equipment which is provided for effecting movement of the rudder for the purpose of steering the vessel in the event of failure of the main steering gear.

(3) Steering gear power unit means, in the case of:

(a) electric steering gear, an electric motor and its associated electrical equipment;

(b) electro-hydraulic steering gear, an electric motor and its associated electrical equipment and connected pump; and

(c) other hydraulic steering gear, a driving engine and connected pump.

(4) Maximum ahead service speed is the greatest speed which the vessel is designed to maintain in service at sea at its maximum permissible operating draught.

(5) Maximum astern speed is the speed which it is estimated the vessel can attain at the designed maximum astern power at its maximum permissible operating draught.

(6) Fuel oil unit is the equipment used for the preparation of fuel oil for delivery to an oil-fired boiler, or equipment used for the preparation of oil for delivery to an internal combustion engine, and includes any oil pressure pumps, filters and heaters dealing with oil at a pressure greater than 0.18 N/mm2.

(7) Normal operational and habitable conditions means conditions under which the vessel as a whole, its machinery services, means of main and auxiliary propulsion, steering gear and associated equipment, aids to safe navigation and to limit the risks of fire and flooding, internal and external means of communicating and signalling, means of escape and winches for rescue boats, are in proper working order and the minimum comfortable conditions of habitability are satisfactory.

(8) Dead ship condition is the condition under which the main propulsion plant, boilers and auxiliaries are not in operation due to the absence of power.

(9) Main switchboard is a switchboard directly supplied by the main source of electrical power and intended to distribute electrical energy.

(10) Periodically unattended machinery spaces means those spaces containing main propulsion and associated machinery and all sources of main electrical supply which are not at all times manned under all operating conditions, including manoeuvring.

Regulation 3

General

Machinery installations

(1) Main propulsion, control, steam pipe, fuel oil, compressed air, electrical and refrigeration systems; auxiliary machinery; boilers and other pressure vessels; piping and pumping arrangements; steering equipment and gears, shafts and couplings for power transmission shall be designed, constructed, tested, installed and serviced to the satisfaction of the Administration. This machinery and equipment, as well as lifting gear, winches, fish handling and fish processing equipment shall be protected so as to reduce to a minimum any danger to persons on board. Special attention shall be paid to moving parts, hot surfaces and other dangers.

(2) Machinery spaces shall be so designed as to provide safe and free access to all machinery and its controls as well as to any other parts which may require servicing. Such spaces shall be adequately ventilated.

(3) (a) Means shall be provided whereby the operational capability of the propulsion machinery can be sustained or restored even though one of the essential auxiliaries becomes inoperative. Special consideration shall be given to the functioning of:

(i) the arrangements which supply fuel oil pressure for main propulsion machinery;

(ii) the normal sources of lubricating oil pressure;

(iii) the hydraulic, pneumatic and electrical means for the control of main propulsion machinery including controllable pitch propellers;

(iv) the sources of water pressure for main propulsion cooling systems; and

(v) an air compressor and an air receiver for starting or control purposes,

provided that the Administration may, having regard to overall safety considerations, accept a partial reduction in capability in lieu of full normal operation.

(b) Means shall be provided whereby the machinery can be brought into operation from the dead ship condition without external aid.

(4) Main propulsion machinery and all auxiliary machinery essential to the propulsion and the safety of the vessel shall, as fitted, be capable of operating whether the vessel is upright or listed up to 15º either way under static conditions and up to 22.5º either way under dynamic conditions, i.e. when rolling either way and simultaneously pitching (inclined dynamically) up to 7.5º by bow or stern. The Administration may permit deviation from these angles, taking into consideration the type, size and service conditions of the vessel.

(5) Special consideration shall be given to the design, construction and installation of propulsion machinery systems so that any mode of their vibrations shall not cause undue stresses in such machinery systems in the normal operating ranges.

Electrical installations

(6) The design and construction of electrical installations shall be such as to provide:

(a) the services necessary to maintain the vessel in normal operational and habitable conditions without having recourse to an emergency source of power;

(b) the services essential to safety when failure of the main source of electrical power occurs; and

(c) protection of the crew and vessel from electrical hazards.

(7) The Administration shall be satisfied that regulations 16 to 18 are uniformly implemented and applied. (13)

Periodically unattended machinery spaces

(8) Regulations 19 to 24 shall apply, in addition to regulations 3 to 18 and V/1 to V/44, to vessels with periodically unattended machinery spaces.

(9) Measures shall be taken, to the satisfaction of the Administration, to ensure that all equipment is functioning in a reliable manner in all operating conditions, including manoeuvring, and that arrangements to the satisfaction of the Administration are made for regular inspections and routine tests to ensure continuous reliable operation.

(10) Vessels shall be provided with documentary evidence, to the satisfaction of the Administration, of their fitness to operate with periodically unattended machinery spaces.

PART B

Machinery installations

(See also regulation 3.)

Regulation 4

Machinery

(1) Main and auxiliary machinery essential for the propulsion and safety of the vessel shall be provided with effective means of control.

(2) Internal combustion engines of a cylinder diameter greater than 200 mm or a crankcase volume greater than 0.6 m3 shall be provided with crankcase explosion relief valves of an approved type with sufficient relief area.

(3) Where main or auxiliary machinery including pressure vessels or any parts of such machinery are subject to internal pressure and may be subject to dangerous overpressure, means shall be provided, where applicable, which will protect against such excessive pressure.

(4) All gearing and every shaft and coupling used for transmission of power to machinery essential for the propulsion and safety of the vessel or the safety of persons on board shall be so designed and constructed that it will withstand the maximum working stresses to which it may be subjected in all service conditions. Due consideration shall be given to the type of engines by which it is driven or of which it forms part.

(5) Main propulsion machinery and, where applicable, auxiliary machinery shall be provided with automatic shut-off arrangements in the case of failures, such as lubricating oil supply failure, which could lead rapidly to damage, complete breakdown or explosion. An advance alarm shall also be provided so that warning is given before automatic shut-off, but the Administration may permit provisions for overriding automatic shut-off devices. The Administration may also exempt vessels from the provisions of this paragraph, giving consideration to the type of vessel or its specific service.

Regulation 5

Means of going astern (14)

(1) Vessels shall have sufficient power for going astern to secure proper control of the vessel in all normal circumstances.

(2) The ability of the machinery to reverse the direction of thrust of the propeller in sufficient time and so to bring the vessel to rest within a reasonable distance from maximum ahead service speed shall be demonstrated at sea.

Regulation 6

Steam boilers, feed systems and steam piping arrangements

(1) Every steam boiler and every unfired steam generator shall be provided with not less than two safety valves of adequate capacity. Provided that the Administration may, having regard to the output or any other features of any steam boiler or unfired steam generator, permit only one safety valve to be fitted if satisfied that adequate protection against overpressure is thereby provided.

(2) Every oil-fired steam boiler which is intended to operate without manual supervision shall have safety arrangements which shut off the fuel supply and give an alarm in the case of low water level, air supply failure or flame failure.

(3) The Administration shall give special consideration to steam boiler installations to ensure that feed systems, monitoring devices and safety provisions are adequate in all respects to ensure the safety of boilers, steam pressure vessels and steam piping arrangements.

Regulation 7

Communication between the wheelhouse and machinery space

Two separate means of communication between the wheelhouse and the machinery space control platform shall be provided, one of which shall be an engine-room telegraph.

Regulation 8

Wheelhouse control of propulsion machinery

(1) Where remote control of propulsion machinery is provided from the wheelhouse, the following shall apply:

(a) under all operating conditions, including manoeuvring, the speed, direction of thrust and, if applicable, the pitch of the propeller shall be fully controllable from the wheelhouse;

(b) the remote control referred to in subparagraph (a) shall be performed by means of a control device to the satisfaction of the Administration with, where necessary, means of preventing overload of the propulsion machinery;

(c) the main propulsion machinery shall be provided with an emergency stopping device in the wheelhouse and independent from the wheelhouse control system referred to in subparagraph (a);

(d) remote control of the propulsion machinery shall be possible only from one station at a time; at any control station, interlocked control units may be permitted. There shall be at each station an indicator showing which station is in control of the propulsion machinery. The transfer of control between the wheelhouse and machinery spaces shall be possible only in the machinery space or control room;

(e) indicators shall be fitted in the wheelhouse for:

(i) propeller speed and direction in the case of fixed propellers;

(ii) propeller speed and pitch position in the case of controllable pitch propellers; and

(iii) advance alarm as required in regulation 4(5);

(f) it shall be possible to control the propulsion machinery locally even in the case of failure in any part of the remote control system;

(g) unless the Administration considers it impracticable, the design of the remote control system shall be such that, if it fails, an alarm will be given and the pre-set speed and direction of thrust will be maintained until local control is in operation;

(h) special arrangements shall be provided to ensure that automatic starting shall not exhaust the starting possibilities. An alarm shall be provided to indicate low starting air pressure and shall be set at a level which will still permit main engine starting operations.

(2) Where the main propulsion and associated machinery including sources of main electrical supply are provided with various degrees of automatic or remote control and are under continuous manned supervision from a control room, the control room shall be so designed, equipped and installed that the machinery operation will be as safe and effective as if it were under direct supervision.

(3) In general, automatic starting, operational and control systems shall include means for manually overriding the automatic means, even in the case of failure of any part of the automatic and remote control system.

Regulation 9

Air pressure systems

(1) Means shall be provided to prevent excess pressure in any part of compressed air systems and wherever water-jackets or casings of air compressors and coolers might be subjected to dangerous excess pressure due to leakage into them from air pressure parts. Suitable pressure-relief arrangements shall be provided.

(2) The main starting air arrangements for main propulsion internal combustion engines shall be adequately protected against the effects of backfiring and internal explosion in the starting air pipes.

(3) All discharge pipes from starting air compressors shall lead directly to the starting air receivers and all starting pipes from the air receivers to main or auxiliary engines shall be entirely separate from the compressor discharge pipe system.

(4) Provision shall be made to reduce to a minimum the entry of oil into the air pressure systems and to drain these systems.

Regulation 10

Arrangements for fuel oil, lubricating oil and other flammable oils

(1) Fuel oil which has a flashpoint of less than 60ºC (closed cup test) as determined by an approved flashpoint apparatus shall not be used as fuel, except in emergency generators, in which case the flashpoint shall be not less than 43ºC. Provided that the Administration may permit the general use of fuel oil having a flashpoint of not less than 43ºC subject to such additional precautions as it may consider necessary and on condition that the temperature of the space in which such fuel is stored or used shall not rise to within 10ºC below the flashpoint of the fuel.

(2) Safe and efficient means of ascertaining the amount of fuel oil contained in any oil tank shall be provided. If sounding pipes are installed, their upper ends shall terminate in safe positions and shall be fitted with suitable means of closure. Gauges made of glass of substantial thickness and protected with a metal case may be used, provided that automatic closing valves are fitted. Other means of ascertaining the amount of fuel oil contained in any fuel oil tank may be permitted providing their failure or overfilling of the tanks will not permit release of fuel.

(3) Provision shall be made to prevent overpressure in any oil tank or in any part of the fuel oil system including the filling pipes. Relief valves and air or overflow pipes shall discharge to a position and in a manner which is safe.

(4) Subject to the satisfaction of the Administration, fuel oil pipes which, if damaged, would allow oil to escape from a storage, settling or daily service tank situated above the double bottom, shall be fitted with a cock or valve on the tank capable of being closed from a safe position outside the space concerned in the event of a fire arising in the space in which such tanks are situated. In the special case of deep tanks situated in any shaft or pipe tunnel or similar space, valves on the tank shall be fitted but control in the event of fire may be effected by means of an additional valve on the pipe or pipes outside the tunnel or similar space. If such additional valve is fitted in the machinery space, it shall be capable of being operated outside this space.

(5) Pumps forming part of the fuel oil system shall be separate from any other system and the connections of any such pumps shall be provided with an efficient relief valve which shall be in closed circuit. Where fuel oil tanks are alternatively used as liquid ballast tanks, proper means shall be provided to isolate the fuel oil and ballast systems.

(6) No oil tank shall be situated where spillage or leakage therefrom can constitute a hazard by falling on heated surfaces. Precautions shall be taken to prevent any oil that may escape under pressure from any pump, filter or heater from coming into contact with heated surfaces.

(7) (a) Fuel oil pipes and their valves and fittings shall be steel or other equivalent material, provided that restricted use of flexible pipes may be permitted in positions where the Administration is satisfied that they are necessary. Such flexible pipes and end attachments shall be of adequate strength and shall, to the satisfaction of the Administration, be constructed of approved fire-resistant materials or have fire-resistant coatings.

(b) Where necessary, fuel oil and lubricating oil pipelines shall be screened or otherwise suitably protected to avoid, as far as practicable, oil spray or oil leakage on heated surfaces or into machinery air intakes. The number of joints in piping systems shall be kept to a minimum.

(8) As far as practicable, fuel oil tanks shall be part of the vessel's structure and shall be located outside machinery spaces of category A. Where fuel oil tanks, other than double bottom tanks, are necessarily located adjacent to or within machinery spaces of category A, at least one of their vertical sides shall be contiguous to the machinery space boundaries, and shall preferably have a common boundary with the double bottom tanks, where fitted, and the area of the tank boundary common with the machinery space shall be kept to a minimum. When such tanks are sited within the boundaries of machinery spaces of category A, they shall not contain fuel oil having a flashpoint of less than 60ºC (closed cup test). In general, the use of free-standing fuel oil tanks shall be avoided in fire hazard areas and, particularly, in machinery spaces of category A. When free-standing fuel oil tanks are permitted, they shall be placed in an oil-tight spill tray of ample size having a suitable drain pipe leading to a suitably sized spill oil tank.

(9) The ventilation of machinery spaces shall be sufficient under all normal conditions to prevent accumulation of oil vapour.

(10) The arrangements for the storage, distribution and use of oil employed in pressure lubrication systems shall be to the satisfaction of the Administration. Such arrangements in machinery spaces of category A and, wherever practicable, in other machinery spaces shall at least comply with the provisions of paragraphs (1), (3), (6) and (7) and, in so far as the Administration may consider necessary, with paragraphs (2) and (4). This does not preclude the use of sight flow glasses in lubrication systems provided they are shown by test to have a suitable degree of fire resistance.

(11) The arrangements for the storage, distribution and use of flammable oils employed under pressure in power transmission systems other than oils referred to in paragraph (10) in control and activating systems and heating systems shall be to the satisfaction of the Administration. In locations where means of ignition are present, such arrangements shall at least comply with the provisions of paragraphs (2) and (6) and with the provisions of paragraphs (3) and (7) in respect of strength and construction.

(12) Fuel oil, lubricating oil and other flammable oils shall not be carried in forepeak tanks.

Regulation 11

Bilge pumping arrangements

(1) An efficient bilge pumping plant shall be provided which under all practical conditions shall be capable of pumping from and draining any watertight compartment which is neither a permanent oil tank nor a permanent water tank whether the vessel is upright or listed. Wing suctions shall be provided if necessary for that purpose. Arrangements shall be provided for easy flow of water to the suction pipes. Provided the Administration is satisfied that the safety of the vessel is not impaired the bilge pumping arrangements may be dispensed with in particular compartments.

(2) (a) At least two independently driven power bilge pumps shall be provided, one of which may be driven by the main engine. A ballast pump or other general service pump of sufficient capacity may be used as a power driven bilge pump.

(b) Power bilge pumps shall be capable of giving a speed of water of at least 2 m/s through the main bilge pipe which shall have an internal diameter of at least:

([ver documento original](https://files.diariodarepublica.pt/1s/2023/02/04100/0001000300.pdf))

However, the actual internal diameter of the bilge main may be rounded off to the nearest standard size acceptable to the Administration.

(c) Each of the bilge pumps provided in accordance with this regulation shall be provided with a direct bilge suction, one of these suctions drawing from the port side of the machinery space and the other from the starboard side, except that in the case of a vessel of less than 75 m in length only one bilge pump need be provided with a direct bilge suction.

(d) No bilge suction shall have an inside diameter of less than 50 mm. The arrangement and sizing of the bilge system shall be such that the full rated capacity of the pump specified above can be applied to each of the watertight compartments located between the collision and afterpeak bulkheads.

(3) A bilge ejector in combination with an independently driven high pressure seawater pump may be installed as a substitute for one independently driven bilge pump required by paragraph (2) (a), provided this arrangement is to the satisfaction of the Administration.

(4) In vessels, where fish handling or processing may cause quantities of water to accumulate in enclosed spaces, adequate drainage shall be provided.

(5) Bilge pipes shall not be led through fuel oil, ballast or double bottom tanks, unless these pipes are of heavy gauge steel construction.

(6) Bilge and ballast pumping systems shall be arranged so as to prevent water passing from the sea or from water ballast spaces into holds or into machinery spaces or from one watertight compartment to another. The bilge connection to any pump which draws from the sea or from water ballast spaces shall be fitted with either a non-return valve or a cock which cannot be opened simultaneously either to the bilges and to the sea or to the bilges and water ballast spaces. Valves in bilge distribution boxes shall be of a non-return type.

(7) Any bilge pipe piercing a collision bulkhead shall be fitted with a positive means of closing at the bulkhead with remote control from the working deck with an indicator showing the position of the valve provided that, if the valve is fitted on the after side of the bulkhead and is readily accessible under all service conditions, the remote control may be dispensed with.

Regulation 12

Protection against noise

Measures shall be taken to reduce the effects of noise upon personnel in machinery spaces to levels satisfactory to the Administration. (15)

Regulation 13

Steering gear

(1) Vessels shall be provided with a main steering gear and an auxiliary means of actuating the rudder to the satisfaction of the Administration. The main steering gear and the auxiliary means of actuating the rudder shall be arranged so that, so far as is reasonable and practicable, a single failure in one of them will not render the other one inoperative.

(2) Where the main steering gear comprises two or more identical power units, an auxiliary steering gear need not be fitted if the main steering gear is capable of operating the rudder as required by paragraph (10) when any one of the units is out of operation. Each of the power units shall be operated from a separate circuit.

(3) The position of the rudder, if power operated, shall be indicated in the wheelhouse. The rudder angle indication for power-operated steering gear shall be independent of the steering gear control system.

(4) In the event of failure of any of the steering gear units, an alarm shall be given in the wheelhouse.

(5) Indicators for running indication of the motors of electric and electrohydraulic steering gear shall be installed in the wheelhouse. Short circuit protection, an overload alarm and a no-voltage alarm shall be provided for these circuits and motors. Protection against excess current, if provided, shall be for not less than twice the full load current of the motor or circuit so protected, and shall be arranged to permit the passage of the appropriate starting currents.

(6) The main steering gear shall be of adequate strength and sufficient to steer the vessel at maximum service speed. The main steering gear and rudder stock shall be so designed that they will not be damaged at maximum speed astern or by manoeuvring during fishing operations.

(7) The main steering gear shall, with the vessel at its maximum permissible operating draught, be capable of putting the rudder over from 35º on one side to 35º on the other side with the vessel running ahead at maximum service speed. The rudder shall be capable of being put over from 35º on either side to 30º on the other side in not more than 28 s, under the same conditions. The main steering gear shall be operated by power where necessary to fulfil these requirements.

(8) The main steering gear power unit shall be arranged to start either by manual means in the wheelhouse or automatically when power is restored after a power failure.

(9) The auxiliary means for actuating the rudder shall be of adequate strength and sufficient to steer the vessel at navigable speed and capable of being brought speedily into action in an emergency.

(10) The auxiliary means for actuating the rudder shall be capable of putting the rudder over from 15º on one side to 15º on the other side in not more than 60 s with the vessel running at one-half of its maximum service speed ahead or 7 knots whichever is the greater. The auxiliary means for actuating the rudder shall be operated by power, where necessary, to fulfil these requirements.

(11) Electric or electrohydraulic steering gear in vessels of 75 m in length and over shall be served by at least two circuits fed from the main switchboard and these circuits shall be as widely separated as possible.

Regulation 14

Engineers' alarm

In vessels of 75 m in length and over, an engineers' alarm shall be provided to be operated from the engine control room or at the manoeuvring platform as appropriate, and shall be clearly audible in the engineers' accommodation.

Regulation 15

Refrigeration systems for the preservation of the catch

(1) Refrigeration systems shall be so designed, constructed, tested and installed as to take account of the safety of the system and also the emission of chlorofluorocarbons (CFCs) or any other ozone-depleting substances from the refrigerant held in quantities or concentrations which are hazardous to human health or to the environment, and shall be to the satisfaction of the Administration.

(2) Refrigerants to be used in refrigeration systems shall be to the satisfaction of the Administration. However, methylchloride or CFCs whose ozone-depleting potential is higher than 5 % of CFC-11 shall not be used as refrigerants.

(3) (a) Refrigerating installations shall be adequately protected against vibration, shock, expansion, shrinkage, etc. and shall be provided with an automatic safety control device to prevent a dangerous rise in temperature and pressure.

(b) Refrigeration systems in which toxic or flammable refrigerants are used shall be provided with drainage devices leading to a place where the refrigerant presents no danger to the vessels or to persons on board.

(4) (a) Any space containing refrigerating machinery including condensers and gas tanks utilizing toxic refrigerants shall be separated from any adjacent space by gastight bulkheads. Any space containing the refrigerating machinery including condensers and gas tanks shall be fitted with a leak detection system having an indicator outside the space adjacent to the entrance and shall be provided with an independent ventilation system and a water spray system.

(b) When such containment is not practicable, due to the size of the vessel, the refrigeration system may be installed in the machinery space provided that the quantity of refrigerant used will not cause danger to persons in the machinery space, should all the gas escape, and provided that an alarm is fitted to give warning of a dangerous concentration of gas should any leakage occur in the compartment.

(5) In refrigerating machinery spaces and refrigerating rooms, alarms shall be connected to the wheelhouse or control stations or escape exits to prevent persons being trapped. At least one exit from each such space shall be capable of being opened from the inside. Where practicable, exits from the spaces containing refrigerating machinery using toxic or flammable gas shall not lead directly into any accommodation spaces.

(6) Where any refrigerant harmful to persons is used in a refrigeration system, at least two sets of breathing apparatus shall be provided, one of which shall be placed in a position not likely to become inaccessible in the event of leakage of refrigerant. Breathing apparatus provided as part of the vessel's fire-fighting equipment may be considered as meeting all or part of this provision provided its location meets both purposes. Where self-contained breathing apparatus is used, spare cylinders shall be provided.

(7) Adequate guidance for the safe operation and emergency procedures for the refrigeration system shall be provided by suitable notices displayed on board the vessel.

PART C

Electrical installations

(See also regulation 3.)

Regulation 16

Main source of electrical power

(1) (a) Where electrical power constitutes the only means of maintaining auxiliary services essential for the propulsion and the safety of the vessel, a main source of electrical power shall be provided which shall include at least two generating sets, one of which may be driven by the main engine. The Administration may accept other arrangements having equivalent electrical capability.

(b) The power of these sets shall be such as to ensure the functioning of the services referred to in regulation 3(6)(a), excluding the power required in fishing activities, processing and preservation of the catch, in the event of any one of these generating sets being stopped.

(c) The arrangement of the vessel's main source of electrical power shall be such that the services referred to in regulation 3(6)(a) can be maintained regardless of the number of revolutions and direction of the main propelling engines or shafting.

(d) Where transformers constitute an essential part of the supply system required by this paragraph, the system shall be so arranged as to ensure continuity of the supply.