Pádraig MacLochlainn
Question:196. Deputy Pádraig Mac Lochlainn asked the Minister for Transport when the State will ratify the 2012 Cape Town Agreement for Fishing Vessel Safety. [9649/22]
View answerTuesday, 22 February 2022
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The 2012 Cape Town Agreement is an International Maritime Organisation (IMO) agreement covering safety requirements for fishing vessels of 24 metres in length and over.
The first attempt to regulate this larger fishing vessel sector at the IMO lead to the adoption in 1977 of the Torremolinos International Convention for the Safety of Fishing Vessels. During the 1980s it became clear that an insufficient number of countries were ever going to ratify the Convention. This led to the adoption in 1993 of the Torremolinos Protocol of 1993 Relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (SFV PROT 1993). Again, the rate of ratifications was insufficient to allow the Protocol to enter into force.
The EU considered that the safety of large fishing vessels was a matter that they should legislate on. Thus, Directive 97/70/EC was adopted (later amended by Directive 2002/35/EC). The Directives were based on the provisions of the Protocol and were transposed into Irish legislation via S.I. 417 of 2002 and S.I. 418 of 2002 which remain the relevant Irish legislation in relation to the regulation of the construction standards, etc. of fishing vessels of >24m. Ireland ratified the Torremolinos Protocol and applies the requirements as contained in Directive 97/70/EC. Therefore for fishing vessels >24m, a higher level of regulation is maintained for such Irish fishing vessels or foreign-flagged fishing vessels in Irish waters compared to the level of regulation that is set out in the Cape Town Agreement. However, Ireland recognises that ratifying the Agreement will help towards reaching the threshold for its entry into force which would eventually lead to increased safety standards for fishing vessels >24m around the world.
In summary, the position on the Cape Town Agreement is that Ireland should and will ratify the Agreement to assist in the push towards reaching the threshold for its entry into force. However, primary legislation is required to ratify the Agreement. It is intended to include provisions regarding the Agreement in the next Merchant Shipping Bill that deals with international conventions.