Decreto n.º 5/2023

Decreto n.º 5/2023

de 27 de fevereiro

Sumário: Aprova o Acordo da Cidade do Cabo de 2012 sobre a implementação das disposições do Protocolo relativo à Convenção Internacional de Torremolinos para a Segurança das Embarcações de Pesca.

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;