BETA


2013/0020(NLE) Torremolinos International Convention for the Safety of Fishing Vessels (1977): authorising Member States to sign, ratify or accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Torremolinos Protocol

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN KUHN Werner (icon: PPE PPE) FLECKENSTEIN Knut (icon: S&D S&D), MEISSNER Gesine (icon: ALDE ALDE), TAYLOR Keith (icon: Verts/ALE Verts/ALE), ZĪLE Roberts (icon: ECR ECR), TOUSSAS Georgios (icon: GUE/NGL GUE/NGL)
Committee Opinion PECH
Lead committee dossier:
Legal Basis:
TFEU 100-p2, TFEU 218-p6a, TFEU 218-p8-a1

Events

2014/04/09
   Final act published in Official Journal
Details

PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

NON-LEGISLATIVE ACT: Council Decision 2014/195/EU authorising Member States to sign, ratify or accede to 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.

CONTENT: this Decision authorises Member States to sign, sign and ratify, or accede to, as appropriate, 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. The Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 was adopted on 2 April 1993. Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances. The Torremolinos Protocol has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved.

In order to establish, by common accord and under the auspices of the International Maritime Organisation (IMO), the highest practicable standards for the safety of fishing vessels that can be implemented by all the States concerned, 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 was adopted on 11 October 2012.

It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol.

2014/02/17
   EP/CSL - Act adopted by Council after consultation of Parliament
2014/02/17
   EP - End of procedure in Parliament
2014/02/17
   CSL - Council Meeting
2014/02/04
   EP - Results of vote in Parliament
2014/02/04
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a legislative resolution on the draft Council decision authorising Member States to sign, ratify or accede to 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.

Parliament gave its consent to the draft Council decision.

Documents
2014/01/22
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Transport and Tourism adopted the report by Werner KUHN (EPP, DE) on the draft Council decision authorising Member States to sign, ratify or accede to 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.

The committee recommended the European Parliament to give its consent to the approval of the draft Council Decision considering that this Agreement seeks to contribute to the enhancement of fishing vessels safety. Members hoped that the Cape Town Agreement, when coming into force, would not only contribute to the safety of fishing vessels of 24 m and above but would also pave the way for addressing the problem of fishing vessels of less than 24 m in length, which constitute the majority of the fishing vessels.

Documents
2014/01/21
   EP - Vote in committee, 1st reading/single reading
2013/11/25
   EP - Committee draft report
Documents
2013/11/18
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/10/03
   EC - Legislative proposal published
Details

PURPOSE: to authorise Member States to sign, ratify or accede to 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.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 adopted on 2 April 1993 has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. However, Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances.

In order to establish, by common accord, the highest practicable standards for the safety of fishing vessels, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement was opened for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

Whilst the provisions of the Agreement fall under the exclusive competence of the Union , the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause (REIO). It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol.

Furthermore, the entry into force of the Agreement will allow the subsequent updating, through submissions to the IMO, of a number of provisions in the Torremolinos Protocol which have become obsolete following the adoption of Directive 97/70/EC.

The Council should therefore authorise Member States to sign and ratify or accede to it in the interests of the Union.

CONTENT: under this proposal, Member States are invited to authorise sign, sign and ratify, or accede to, as appropriate, 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.

In this context, Member States shall endeavour to take the necessary steps to deposit their instruments of ratification of, or accession to, the Agreement with the Secretary-General of the International Maritime Organization within a reasonable time and, if possible, no later than two years from the date of entry into force of this Decision .

Exemption clause : in order to maintain the current levels of safety provided for under Council Directive 97/70/EC, Members States that sign and/or ratify or accede to the Agreement as provided under the draft Decision, should publish a declaration stating that:

the exemptions provided for in the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone shall not apply to the fishing vessels of the Member State, and to third country fishing vessels of 24 meters in length and over while operating in the depositing Member State's common fishing zone, exclusive economic zone, or landing catch at its ports; the exemptions concerning a common fishing zone or an exclusive economic zone, to fishing vessels falling within the scope of application of the Cape Town Agreement, shall not be accepted.

For further details on the main objectives and the scope of the Agreement, please refer to the summary of the Commission initial legislative proposal dated 31/01/2013 .

Documents
2013/03/14
   EP - KUHN Werner (PPE) appointed as rapporteur in TRAN
2013/01/31
   EP - Preparatory document
Details

PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

PROPOSED ACT: Council Decision.

RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

Whilst the provisions of the Agreement fall under the exclusive competence of the Union , the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

Purpose of the Agreement : the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

Scope : the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

on radiocommunications over a period of no more than 10 years ; and on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years .

Exemptions : whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

The Survey regime : this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

Documents

History

(these mark the time of scraping, not the official date of the change)

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TRAN
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0040&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2014-0040_EN.html
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http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0050
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http://www.europarl.europa.eu/doceo/document/TA-7-2014-0050_EN.html
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Old
Rules of Procedure EP 150
New
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activities
  • date: 2013-01-31T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=38 title: COM(2013)0038 type: Initial legislative proposal published celexid: CELEX:52013PC0038:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim type: Initial legislative proposal published
  • date: 2013-10-03T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=13408%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 13408/2013 body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim type: Legislative proposal published
  • date: 2013-11-18T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Fisheries committee: PECH body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-03-14T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner
  • date: 2014-01-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Fisheries committee: PECH body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-03-14T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0040&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0040/2014 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Fisheries committee: PECH body: EP shadows: group: S&D name: FLECKENSTEIN Knut group: ALDE name: MEISSNER Gesine group: Verts/ALE name: TAYLOR Keith group: ECR name: ZĪLE Roberts group: GUE/NGL name: TOUSSAS Georgios responsible: True committee: TRAN date: 2013-03-14T00:00:00 committee_full: Transport and Tourism rapporteur: group: PPE name: KUHN Werner date: 2014-01-22T00:00:00
  • date: 2014-02-04T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=24052&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0050 type: Decision by Parliament, 1st reading/single reading title: T7-0050/2014 body: EP type: Results of vote in Parliament
  • date: 2014-02-17T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3293
  • date: 2014-02-17T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-02-17T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2014-04-09T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0195 title: Decision 2014/195 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:106:TOC title: OJ L 106 09.04.2014, p. 0004
commission
  • body: EC dg: Mobility and Transport commissioner: KALLAS Siim
committees/0
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body
EP
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committee_full
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committee
TRAN
date
2013-03-14T00:00:00
rapporteur
name: KUHN Werner group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
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EP
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committee_full
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PECH
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council
  • body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3293 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3293*&MEET_DATE=17/02/2014 date: 2014-02-17T00:00:00
docs
  • date: 2013-11-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE523.072 title: PE523.072 type: Committee draft report body: EP
events
  • date: 2013-01-31T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2013/0038/COM_COM(2013)0038_EN.doc title: COM(2013)0038 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=38 title: EUR-Lex summary: PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977. PROPOSED ACT: Council Decision. RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament. BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol. In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession. Whilst the provisions of the Agreement fall under the exclusive competence of the Union , the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union. CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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. However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive. Purpose of the Agreement : the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met. Scope : the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions: on radiocommunications over a period of no more than 10 years ; and on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years . Exemptions : whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above). The Survey regime : this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
  • date: 2013-10-03T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=13408%2F13&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 13408/2013 summary: PURPOSE: to authorise Member States to sign, ratify or accede to 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. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 adopted on 2 April 1993 has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. However, Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances. In order to establish, by common accord, the highest practicable standards for the safety of fishing vessels, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement was opened for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession. Whilst the provisions of the Agreement fall under the exclusive competence of the Union , the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause (REIO). It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol. Furthermore, the entry into force of the Agreement will allow the subsequent updating, through submissions to the IMO, of a number of provisions in the Torremolinos Protocol which have become obsolete following the adoption of Directive 97/70/EC. The Council should therefore authorise Member States to sign and ratify or accede to it in the interests of the Union. CONTENT: under this proposal, Member States are invited to authorise sign, sign and ratify, or accede to, as appropriate, 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. In this context, Member States shall endeavour to take the necessary steps to deposit their instruments of ratification of, or accession to, the Agreement with the Secretary-General of the International Maritime Organization within a reasonable time and, if possible, no later than two years from the date of entry into force of this Decision . Exemption clause : in order to maintain the current levels of safety provided for under Council Directive 97/70/EC, Members States that sign and/or ratify or accede to the Agreement as provided under the draft Decision, should publish a declaration stating that: the exemptions provided for in the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone shall not apply to the fishing vessels of the Member State, and to third country fishing vessels of 24 meters in length and over while operating in the depositing Member State's common fishing zone, exclusive economic zone, or landing catch at its ports; the exemptions concerning a common fishing zone or an exclusive economic zone, to fishing vessels falling within the scope of application of the Cape Town Agreement, shall not be accepted. For further details on the main objectives and the scope of the Agreement, please refer to the summary of the Commission initial legislative proposal dated 31/01/2013 .
  • date: 2013-11-18T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2014-01-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2014-01-22T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2014-0040&language=EN title: A7-0040/2014 summary: The Committee on Transport and Tourism adopted the report by Werner KUHN (EPP, DE) on the draft Council decision authorising Member States to sign, ratify or accede to 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. The committee recommended the European Parliament to give its consent to the approval of the draft Council Decision considering that this Agreement seeks to contribute to the enhancement of fishing vessels safety. Members hoped that the Cape Town Agreement, when coming into force, would not only contribute to the safety of fishing vessels of 24 m and above but would also pave the way for addressing the problem of fishing vessels of less than 24 m in length, which constitute the majority of the fishing vessels.
  • date: 2014-02-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=24052&l=en title: Results of vote in Parliament
  • date: 2014-02-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0050 title: T7-0050/2014 summary: The European Parliament adopted a legislative resolution on the draft Council decision authorising Member States to sign, ratify or accede to 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. Parliament gave its consent to the draft Council decision.
  • date: 2014-02-17T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2014-02-17T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-04-09T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977. NON-LEGISLATIVE ACT: Council Decision 2014/195/EU authorising Member States to sign, ratify or accede to 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. CONTENT: this Decision authorises Member States to sign, sign and ratify, or accede to, as appropriate, 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. The Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 was adopted on 2 April 1993. Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances. The Torremolinos Protocol has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. In order to establish, by common accord and under the auspices of the International Maritime Organisation (IMO), the highest practicable standards for the safety of fishing vessels that can be implemented by all the States concerned, 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 was adopted on 11 October 2012. It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol. docs: title: Decision 2014/195 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0195 title: OJ L 106 09.04.2014, p. 0004 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:106:TOC
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  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0195 title: Decision 2014/195
  • url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:106:TOC title: OJ L 106 09.04.2014, p. 0004
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  • PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

    NON-LEGISLATIVE ACT: Council Decision 2014/195/EU authorising Member States to sign, ratify or accede to 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.

    CONTENT: this Decision authorises Member States to sign, sign and ratify, or accede to, as appropriate, 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. The Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 was adopted on 2 April 1993. Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances. The Torremolinos Protocol has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved.

    In order to establish, by common accord and under the auspices of the International Maritime Organisation (IMO), the highest practicable standards for the safety of fishing vessels that can be implemented by all the States concerned, 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 was adopted on 11 October 2012.

    It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol.

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  • The European Parliament adopted a legislative resolution on the draft Council decision authorising Member States to sign, ratify or accede to 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.

    Parliament gave its consent to the draft Council decision.

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  • The Committee on Transport and Tourism adopted the report by Werner KUHN (EPP, DE) on the draft Council decision authorising Member States to sign, ratify or accede to 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.

    The committee recommended the European Parliament to give its consent to the approval of the draft Council Decision considering that this Agreement seeks to contribute to the enhancement of fishing vessels safety. Members hoped that the Cape Town Agreement, when coming into force, would not only contribute to the safety of fishing vessels of 24 m and above but would also pave the way for addressing the problem of fishing vessels of less than 24 m in length, which constitute the majority of the fishing vessels.

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  • PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

    PROPOSED ACT: Council Decision.

    RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

    In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

    CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

    However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

    Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

    Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

    • on radiocommunications over a period of no more than 10 years; and
    • on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

    Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

    The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

    BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

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  • PURPOSE: to authorise Member States to sign, ratify or accede to 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.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 adopted on 2 April 1993 has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. However, Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances.

    In order to establish, by common accord, the highest practicable standards for the safety of fishing vessels, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement was opened for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause (REIO). It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol.

    Furthermore, the entry into force of the Agreement will allow the subsequent updating, through submissions to the IMO, of a number of provisions in the Torremolinos Protocol which have become obsolete following the adoption of Directive 97/70/EC.

    The Council should therefore authorise Member States to sign and ratify or accede to it in the interests of the Union.

    CONTENT: under this proposal, Member States are invited to authorise sign, sign and ratify, or accede to, as appropriate, 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.

    In this context, Member States shall endeavour to take the necessary steps to deposit their instruments of ratification of, or accession to, the Agreement with the Secretary-General of the International Maritime Organization within a reasonable time and, if possible, no later than two years from the date of entry into force of this Decision.

    Exemption clause: in order to maintain the current levels of safety provided for under Council Directive 97/70/EC, Members States that sign and/or ratify or accede to the Agreement as provided under the draft Decision, should publish a declaration stating that:

    • the exemptions provided for in the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone shall not apply to the fishing vessels of the Member State, and to third country fishing vessels of 24 meters in length and over while operating in the depositing Member State's common fishing zone, exclusive economic zone, or landing catch at its ports;
    • the exemptions concerning a common fishing zone or an exclusive economic zone, to fishing vessels falling within the scope of application of the Cape Town Agreement, shall not be accepted.

    For further details on the main objectives and the scope of the Agreement, please refer to the summary of the Commission initial legislative proposal dated 31/01/2013.

activities/2/docs/0/text
  • PURPOSE: to authorise Member States to sign, ratify or accede to 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.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 adopted on 2 April 1993 has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. However, Council Directive 97/70/EC lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances.

    In order to establish, by common accord, the highest practicable standards for the safety of fishing vessels, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement was opened for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause (REIO). It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol.

    Furthermore, the entry into force of the Agreement will allow the subsequent updating, through submissions to the IMO, of a number of provisions in the Torremolinos Protocol which have become obsolete following the adoption of Directive 97/70/EC.

    The Council should therefore authorise Member States to sign and ratify or accede to it in the interests of the Union.

    CONTENT: under this proposal, Member States are invited to authorise sign, sign and ratify, or accede to, as appropriate, 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.

    In this context, Member States shall endeavour to take the necessary steps to deposit their instruments of ratification of, or accession to, the Agreement with the Secretary-General of the International Maritime Organization within a reasonable time and, if possible, no later than two years from the date of entry into force of this Decision.

    Exemption clause: in order to maintain the current levels of safety provided for under Council Directive 97/70/EC, Members States that sign and/or ratify or accede to the Agreement as provided under the draft Decision, should publish a declaration stating that:

    • the exemptions provided for in the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone shall not apply to the fishing vessels of the Member State, and to third country fishing vessels of 24 meters in length and over while operating in the depositing Member State's common fishing zone, exclusive economic zone, or landing catch at its ports;
    • the exemptions concerning a common fishing zone or an exclusive economic zone, to fishing vessels falling within the scope of application of the Cape Town Agreement, shall not be accepted.

    For further details on the main objectives and the scope of the Agreement, please refer to the summary of the Commission initial legislative proposal dated 31/01/2013.

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activities/0/docs/0/text
  • PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

    PROPOSED ACT: Council Decision.

    RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

    In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

    CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

    However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

    Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

    Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

    • on radiocommunications over a period of no more than 10 years; and
    • on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

    Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

    The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

    BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

activities/1/docs/0/url
http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=13408%2F13&fc=REGAISEN&srm=25&md=100
activities/2/docs/0/url
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activities/0/docs/0/text
  • PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

    PROPOSED ACT: Council Decision.

    RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

    In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

    CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

    However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

    Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

    Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

    ·        on radiocommunications over a period of no more than 10 years; and

    ·        on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

    Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

    The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

    BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

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DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
activities/0/docs/0/text/0
Old

PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

PROPOSED ACT: Council Decision.

RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

·        on radiocommunications over a period of no more than 10 years; and

·        on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

New

PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

PROPOSED ACT: Council Decision.

RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

·        on radiocommunications over a period of no more than 10 years; and

·        on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

committees/1/rapporteur/0/group
Old
ALDE
New
EPP
committees/1/rapporteur/0/mepref
Old
4de186f90fb8127435bdc126
New
4de1860d0fb8127435bdbfd4
committees/1/rapporteur/0/name
Old
MEISSNER Gesine
New
KUHN Werner
committees/1/shadows/1/group
Old
EPP
New
ALDE
committees/1/shadows/1/mepref
Old
4de189300fb8127435bdc447
New
4de186f90fb8127435bdc126
committees/1/shadows/1/name
Old
VLASTO Dominique
New
MEISSNER Gesine
activities/0/docs/0/text
  • PURPOSE: to authorise Member States to accede to the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

    PROPOSED ACT: Council Decision.

    RÔLE OF THE EUROPEAN PARLIAMENT: Council may only adopt the act if approved by the European Parliament.

    BACKGROUND: the Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, was adopted in 1993 but has not entered into force, given that the necessary minimum requirements in terms of ratification have never been achieved. However, Council Directive 97/70/EC has laid down safety standards that are based upon the Torremolinos Protocol.

    In order to establish the highest practicable standards for the safety of fishing vessels that can be implemented by all the states concerned, a draft Agreement, to be read in conjunction with the Torremolinos Protocol, was adopted at a Diplomatic Conference in Cape Town on 11 October 2012. This Agreement will be open for signature from 11 February 2013 to 10 February 2014 and thereafter remain open for accession.

    Whilst the provisions of the Agreement fall under the exclusive competence of the Union, the EU cannot become a party to the Agreement, as it does not include a Regional Economic Integration Organisation clause. The Council should therefore authorise Member States to accede to the Agreement in the interests of the Union.

    IMPACT ASSESSMENT: no impact assessment was undertaken.

    LEGAL BASIS: Article 100(2), in conjunction with Article 218(5), 218(6)(a)(v) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union.

    CONTENT: the draft decision proposes that the Council authorise Member States sign, sign and ratify, or accede to, as appropriate, 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.

    However, in order to safeguard the current safety levels provided through Council Directive 97/70/EC, Member States will issue a declaration to the effect that the exemptions provided by the Agreement in relation to annual surveys and a common fishing zone or exclusive economic zone respectively shall be excluded from application, and that third country fishing vessels of 24 meters in length and over operating in their territorial or internal waters or landing catch at their ports will be subject to the safety standards laid down in the Directive.

    Purpose of the Agreement: the Agreement provides for the entry into force of the Torremolinos Protocol 12 months after the date on which not less than 22 States the aggregate number of whose fishing vessels of 24 m in length and over operating on the high seas is not less than 3,600 have expressed their consent to be bound by it. This is a considerable reduction in the fishing vessel threshold relative to the 1993 Protocol, which now has a realistic prospect of being met.

    Scope: the Agreement's provisions apply to new vessels, unless specifically provided for otherwise. Certain flexibilities have been added through the Agreement to facilitate wide acceptance. Administrations may progressively implement the provisions:

    ·        on radiocommunications over a period of no more than 10 years; and

    ·        on life-saving appliances and arrangements, emergency procedures, musters and drills and shipborne navigational equipment and arrangements over a period of no more than five years.

    Exemptions: whilst the provisions of the Agreement allow for certain specified exemptions regarding safety requirement and the place of operation, Member States are required to issue a declaration with regard to the exemptions (see above).

    The Survey regime: this includes an annual survey, a compulsory intermediate survey between years two and three and a renewal survey after no more than five years, reflecting the fact that a 5-year gap was already an option under the current regime. Whilst the Agreement provides that an Administration may exempt a ship from the annual survey, if its application is deemed to be unreasonable or impracticable, Member States must issue a declaration excluding the application of this exemption.

    BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

committees/1/date
2013-03-14T00:00:00
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  • group: ALDE name: MEISSNER Gesine
committees/1/shadows
  • group: EPP name: VLASTO Dominique
  • group: S&D name: FLECKENSTEIN Knut
  • group: Verts/ALE name: TAYLOR Keith
  • group: ECR name: ZĪLE Roberts
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  • date: 2013-01-31T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=38 title: COM(2013)0038 type: Legislative proposal published celexid: CELEX:52013PC0038:EN type: Legislative proposal body: EC commission:
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  • body: EP responsible: True committee_full: Transport and Tourism committee: TRAN
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    2013/0020(NLE)
    title
    Torremolinos International Convention for the Safety of Fishing Vessels (1977): authorising Member States to sign or ratify the Cape Town Agreement of 2012 on the implementation of the provisions of the 1993 Protocol, or to accede to it
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