E INTERNATIONAL CONFERENCE ON THE SAFETY OF FISHING VESSELS Agenda item 9 SFV-P/CONF.1/15 29 October 2012 Original: ENGLISH ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RECOMMENDATIONS AND RESOLUTIONS RESULTING FROM THE WORK OF THE CONFERENCE FINAL ACT OF THE INTERNATIONAL CONFERENCE ON THE SAFETY OF FISHING VESSELS Text adopted by the Conference 1 In accordance with Article 2(b) of the Convention on the International Maritime Organization, the Council of the Organization, at its 106th session (27 June to 1 July 2011), approved a request of the Maritime Safety Committee of the Organization, at its eighty-ninth session (11 to 20 May 2011), that a diplomatic conference be convened to consider the adoption of an Agreement on the Implementation of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977. The Assembly of the Organization, at its twenty-seventh regular session (21 to 30 November 2011), concurred with this decision, in resolution A.1039(27) of 30 November 2011 on the Results-based Budget for the 2012-2013 Biennium. 2 The Conference was held at the Cape Town International Convention Centre, Convention Square, 1 Lower Long Street, Cape Town, South Africa, from 9 to 11 October 2012, following the kind offer of the Government of the Republic of South Africa to provide host facilities. 3 The following 58 States were represented at the Conference by the following delegations: ALGERIA ARGENTINA AUSTRALIA BELGIUM BULGARIA CANADA CHILE CHINA CONGO CÔTE D'IVOIRE CYPRUS DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA DENMARK ECUADOR GAMBIA GERMANY I:\CONF\SFV-P\01\15.doc GHANA ICELAND INDIA INDONESIA IRAN (ISLAMIC REPUBLIC OF) IRAQ IRELAND ITALY JAPAN KENYA LIBERIA LITHUANIA MALAYSIA MALTA MAURITIUS MOROCCO MOZAMBIQUE SFV-P/CONF.1/15 Page 2 NAMIBIA NETHERLANDS NEW ZEALAND NIGERIA NORWAY OMAN PANAMA PERU PHILIPPINES POLAND PORTUGAL REPUBLIC OF KOREA RUSSIAN FEDERATION 4 SAUDI ARABIA SIERRA LEONE SOUTH AFRICA SPAIN SWEDEN THAILAND TOGO UNITED KINGDOM UNITED STATES VANUATU VIET NAM YEMEN The following United Nations agencies sent observers to the Conference: INTERNATIONAL LABOUR ORGANIZATION (ILO) FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 5 The following intergovernmental organization sent observers to the Conference: EUROPEAN COMMISSION (EC) 6 The following non-governmental organizations sent observers to the Conference: COMITÉ INTERNATIONAL RADIO-MARITIME (CIRM) WORLD WIDE FUND FOR NATURE (WWF) INTERNATIONAL TRANSPORT WORKERS' FEDERATION (ITF) 7 The Conference was opened by Mr. Koji Sekimizu, Secretary-General of the International Maritime Organization. The Honourable Dikobe Ben Martins (MP), Minister of Transport of the Republic of South Africa, addressed the Conference on behalf of the President of the Republic of South Africa and welcomed the participants on behalf of the Government of the Republic of South Africa. 8 The Conference elected The Honourable Dikobe Ben Martins (MP), Minister of Transport of the Republic of South Africa, as President of the Conference. 9 The Vice-Presidents elected by the Conference were: Vice Admiral Enrique Larrañaga, Director General, Directorate General of the Maritime Territory and Merchant Marine, Chile; Mr. Masato Mori, Deputy Director General, Engineering Affairs, Maritime Bureau, Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Japan; and Mr. Andrzej Kossowski, Counsellor (Maritime Affairs), Permanent Representative of the Republic of Poland to IMO, Embassy of the Republic of Poland, London. 10 The Secretariat of the Conference consisted of the following officers: Secretary-General: I:\CONF\SFV-P\01\15.doc Mr. Koji Sekimizu Secretary-General of the Organization SFV-P/CONF.1/15 Page 3 Executive Secretary: Mr. Andrew Winbow Assistant Secretary-General/Director Maritime Safety Division Deputy Executive Secretaries: Mr. Joseph Westwood-Booth Senior Deputy Director Sub-Division for Marine Technology and Cargoes Maritime Safety Division Ms Heike Deggim Head, Marine Technology Section Sub-Division for Marine Technology and Cargoes Maritime Safety Division 11 The Conference established a Committee of the Whole with the mandate to consider the draft Agreement on the Implementation of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, and any related recommendations and resolutions. 12 The Drafting Committee established by the Conference was composed of representatives of the following nine States: CANADA CHILE CHINA CYPRUS NETHERLANDS NIGERIA RUSSIAN FEDERATION TOGO UNITED KINGDOM 13 A Credentials Committee was appointed to examine the credentials of representatives attending the Conference. The Committee was composed of representatives of the following five States: ARGENTINA INDONESIA KENYA MOROCCO NORWAY 14 The officers elected for the Committees were as follows: Committee of the Whole Chairman: First Vice-Chairman: Second Vice-Chairman: Mr. Miguel Palomares (Spain) Mr. Jaideep Sirkar (United States) Mrs. Jemilat J. Mahamah (Ghana) Drafting Committee Chairman: Vice-Chairman: Ms Laureen Kinney (Canada) Mr. Guangling Li (China) Credentials Committee Chairman: I:\CONF\SFV-P\01\15.doc Mr. Mohammed S. Oualid (Morocco) SFV-P/CONF.1/15 Page 4 15 The Conference used as the basis of its work the draft Agreement on the Implementation of the 1993 Protocol relating to the 1977 Torremolinos Convention on the Safety of Fishing Vessels, prepared by the Sub-Committee on Stability and Load Lines and on Fishing Vessels Safety, at its fifty-third session, and agreed by the Maritime Safety Committee, at its eighty-ninth session. 16 Also before the Conference were proposals and comments on, and suggested amendments to, the draft Agreement, submitted to the Conference by Governments, a United Nations agency and the Secretariat of the Organization. 17 As a result of its deliberations, recorded in the reports of the respective Committees and in the records of decisions of plenary meetings of the Conference and meetings of the Committee of the Whole, the Conference adopted 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, which constitutes attachment 1 to this Final Act. 18 The Conference also adopted the following six resolutions set forth in attachment 2 to this Final Act: Resolution 1: Early implementation of the Agreement Resolution 2: Avoidance of a situation in which two conflicting treaty regimes are operational Resolution 3: Promotion of technical co-operation and provision of technical assistance Resolution 4: Preparation of a consolidated text Resolution 5: Procedure for calculating the number of fishing vessels of each Contracting State by the Depositary Resolution 6: Expression of appreciation to the host Government 19 This Final Act is established in a single original text in the Arabic, Chinese, English, French, Russian and Spanish languages and is deposited, including its attachments, with the Secretary-General of the Organization. 20 The Secretary-General of the Organization shall send certified copies of this Final Act and its attachment 2 and certified copies of the authentic text of the Cape Town Agreement of 2012, referred to in paragraph 17 above, to the Governments of the States invited to be represented at the Conference. IN WITNESS WHEREOF the undersigned have affixed their signatures to this Final Act. DONE AT CAPE TOWN this eleventh day of October two thousand and twelve. ___________ I:\CONF\SFV-P\01\15.doc