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

Tipo Decreto

Publicação 2023-02-27

Estado Em vigor

Texto Tal como publicado

Ministério Presidência do Conselho de Ministros

Fonte DRE

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artigos 35

Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.

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

Histórico de alterações JSON API

(v) following a jump from a height of not less than 4.5 m into the water, there is no undue ingress of water into the suit.

(b) An immersion suit which also complies with the requirements of regulation 24 may be classified as a lifejacket.

(c) An immersion suit shall permit the person wearing it, and also wearing a lifejacket if the immersion suit is to be worn in conjunction with a lifejacket, to:

(i) climb up and down a vertical ladder at least 5 m in length;

(ii) perform normal duties during abandonment;

(iii) jump from a height of not less than 4.5 m into the water without damaging or dislodging the immersion suit, or being injured;

(iv) swim a short distance through the water and board a survival craft.

(d) An immersion suit which has buoyancy and is designed to be worn without a lifejacket shall be fitted with a light complying with the requirements of regulation 24(3) and the whistle prescribed by regulation 24(1)(f).

(e) If the immersion suit is to be worn in conjunction with a lifejacket, the lifejacket shall be worn over the immersion suit. A person wearing such an immersion suit shall be able to don a lifejacket without assistance.

(2) Thermal performance requirements for immersion suits

(a) An immersion suit made of material which has no inherent insulation shall be:

(i) marked with instructions that it must be worn in conjunction with warm clothing;

(ii) so constructed that, when worn in conjunction with warm clothing and with a lifejacket if the immersion suit is to be worn with a lifejacket, the immersion suit continues to provide sufficient thermal protection following one jump by the wearer into the water from a height of 4.5 m to ensure that, when it is worn for a period of 1 h in calm circulating water at a temperature of 5ºC, the wearer's body core temperature does not fall more than 2ºC.

(b) An immersion suit made of material with inherent insulation when worn either on its own or with a lifejacket, if the immersion suit is to be worn in conjunction with a lifejacket, shall provide the wearer with sufficient thermal insulation following one jump into the water from a height of 4.5 m to ensure that the wearer's body core temperature does not fall more than 2ºC after a period of 6 h immersion in calm circulating water at a temperature of between 0ºC and 2ºC.

(c) The immersion suit shall permit the person wearing it with hands covered to pick up a pencil and write after being immersed in water at 5ºC for a period of 1 h.

(3) Buoyancy requirements

A person in fresh water wearing either an immersion suit complying with the requirements of regulation 24 or an immersion suit with a lifejacket shall be able to turn from a face-down to a face-up position in not more than 5 s.

Regulation 26

Thermal protective aids

(1) A thermal protective aid shall be made of waterproof material having a thermal conductivity of not more than 0.25 W/m.K and shall be so constructed that, when used to enclose a person, it shall reduce both the convective and evaporative heat loss from the wearer's body.

(2) The thermal protective aid shall:

(i) cover the whole body of a person wearing a lifejacket with the exception of the face. Hands shall also be covered, unless permanently attached gloves are provided;

(ii) be capable of being unpacked and easily donned without assistance in a survival craft or rescue boat;

(iii) permit the wearer to remove it in the water in not more than 2 min, if it impairs ability to swim.

(3) The thermal protective aid shall function properly throughout an air temperature range -30ºC to +20ºC.

Regulation 27

Lifebuoys

(1) Lifebuoy specification

Every lifebuoy shall:

(i) have an outer diameter of not more than 800 mm and an inner diameter of not less than 400 mm;

(ii) be constructed of inherently buoyant material; it shall not depend upon rushes, cork shavings or granulated cork, any other loose granulated material or any air compartment which depends on inflation for buoyancy;

(iii) be capable of supporting not less than 14.5 kg of iron in fresh water for a period of 24 h;

(iv) have a mass of not less than 2.5 kg;

(v) not sustain burning or continue melting after being totally enveloped in a fire for a period of 2 s;

(vi) be constructed to withstand a drop into the water from the height at which it is stowed above the waterline in the lightest seagoing condition or 30 m, whichever is the greater, without impairing either its operating capability or that of its attached components;

(vii) if it is intended to operate the quick-release arrangement provided for the self-activated smoke signals and self-igniting lights, have a mass sufficient to operate the quick-release arrangement or 4 kg, whichever is the greater;

(viii) be fitted with a grabline not less than 9.5 mm in diameter and not less than four times the outside diameter of the body of the buoy in length. The grabline shall be secured at four equidistant points around the circumference of the buoy to form four equal loops.

(2) Lifebuoy self-igniting lights

Self-igniting lights required by regulation 10(2) shall:

(i) be such that they cannot be extinguished by water;

(ii) be capable of either burning continuously with a luminous intensity of not less than 2 cd in all directions of the upper hemisphere or flashing (discharge flashing) at a rate of not less than 50 flashes per minute with at least the corresponding effective luminous intensity;

(iii) be provided with a source of energy capable of meeting the requirement of subparagraph (ii) for a period of at least 2 h;

(iv) be capable of withstanding the drop test required by paragraph (1)(vi).

(3) Lifebuoy self-activating smoke signals

Self-activating smoke signals required by regulation 10(3) shall:

(i) emit smoke of a highly visible colour at a uniform rate for a period of at least 15 min when floating in calm water;

(ii) not ignite explosively or emit any flame during the entire smoke emission time of the signal;

(iii) not be swamped in a seaway;

(iv) continue to emit smoke when fully submerged in water for a period of at least 10 s;

(v) be capable of withstanding the drop test required by paragraph (1)(vi).

(4) Buoyant lifelines

Buoyant lifelines required by regulation 10(4) shall;

(i) be non-kinking;

(ii) have a diameter of not less than 8 mm;

(iii) have a breaking strength of not less than 5 kN.

Regulation 28

Line-throwing appliances

(1) Every line-throwing appliance shall:

(i) be capable of throwing a line with reasonable accuracy;

(ii) include not less than four projectiles each capable of carrying the line at least 230 m in calm weather;

(iii) include not less than four lines each having a breaking strength of not less than 2kN;

(iv) have brief instructions or diagrams clearly illustrating the use of the line-throwing appliance.

(2) The rocket, in the case of a pistol-fired rocket, or the assembly, in the case of an integral rocket and line, shall be contained in a water-resistant casing. In addition, in the case of a pistol-fired rocket, the line and rockets together with the means of ignition shall be stowed in a container which provides protection from the weather.

Regulation 29

Rocket parachute flares

(1) The rocket parachute flare shall:

(i) be contained in a water-resistant casing;

(ii) have brief instructions or diagrams clearly illustrating the use of the rocket parachute flare printed on its casing;

(iii) have integral means of ignition;

(iv) be so designed as not to cause discomfort to the person holding the casing when used in accordance with the manufacturer's operating instructions.

(2) The rocket shall, when fired vertically, reach an altitude of not less than 300 m. At or near the top of its trajectory, the rocket shall eject a parachute flare which shall:

(i) burn with a bright red colour;

(ii) burn uniformly with an average luminous intensity of not less than 30,000 cd;

(iii) have a burning period of not less than 40 s;

(iv) have a rate of descent of not more than 5 m/s;

(v) not damage its parachute or attachments while burning.

Regulation 30

Hand flares

(1) The hand flare shall:

(i) be contained in a water-resistant casing;

(ii) have brief instructions or diagrams clearly illustrating the use of the hand flare printed on its casing;

(iii) have a self-contained means of ignition;

(iv) be so designed as not to cause discomfort to the person holding the casing and not endanger the survival craft by burning or glowing residues when used in accordance with the manufacturer's operating instructions.

(2) The hand flare shall:

(i) burn with a bright red colour;

(ii) burn uniformly with an average luminous intensity of not less than 15,000 cd;

(iii) have a burning period of not less than 1 min;

(iv) continue to burn after having been immersed for a period of 10 s under 100 mm of water.

Regulation 31

Buoyant smoke signals

(1) The buoyant smoke signal shall:

(i) be contained in a water-resistant casing;

(ii) not ignite explosively when used in accordance with the manufacturer's operating instructions;

(iii) have brief instructions or diagrams clearly illustrating the use of the buoyant smoke signal printed on its casing.

(2) The buoyant smoke signal shall:

(i) emit smoke of a highly visible colour at a uniform rate for a period of not less than 3 min when floating in calm water;

(ii) not emit any flame during the entire smoke emission time;

(iii) not be swamped in a seaway;

(iv) continue to emit smoke when submerged in water for a period of 10 s under 100 mm of water.

Regulation 32

Launching and embarkation appliances

(1) General requirements

(a) Each launching appliance together with all its lowering and recovery gear shall be so arranged that the fully equipped survival craft or rescue boat it serves can be safely lowered against a trim of up to 10º and a list of up to 20º either way:

(i) when boarded by its full complement of persons;

(ii) without persons in the survival craft or rescue boat.

(b) A launching appliance shall not depend on any means other than gravity or stored mechanical power which is independent of the vessel's power supplies to launch the survival craft or rescue boat it serves in the fully loaded and equipped condition and also in the light condition.

(c) A launching mechanism shall be so arranged that it may be actuated by one person from a position on the vessel's deck, and from a position within the survival craft or rescue boat; the survival craft shall be visible to the person on deck operating the launching mechanism.

(d) Each launching appliance shall be so constructed that a minimum amount of routine maintenance is necessary. All parts requiring regular maintenance by the vessel's crew shall be readily accessible and easily maintained.

(e) The winch brakes of a launching appliance shall be of sufficient strength to withstand:

(i) a static test with a proof load of not less than 1.5 times the maximum working load; and

(ii) a dynamic test with a proof load of not less than 1.1 times the maximum working load at maximum lowering speed.

(f) The launching appliance and its attachments other than winch brakes shall be of sufficient strength to withstand a static proof load on test of not less than 2.2 times the maximum working load.

(g) Structural members and all blocks, falls, padeyes, links, fastenings and all other fittings used in connection with launching equipment shall be designed with not less than a minimum factor of safety on the basis of the maximum working load assigned and the ultimate strength of the material used for construction. A minimum factor of safety of 4.5 shall be applied to all davit and winch structural members, and a minimum factor of safety of 6 shall be applied to falls, suspension chains, links and blocks.

(h) Each launching appliance shall, as far as practicable, remain effective under conditions of icing.

(i) A lifeboat launching appliance shall be capable of recovering the lifeboat with its crew.

(j) The arrangements of the launching appliance shall be such as to enable safe boarding of the survival craft in accordance with the requirements of regulations 20(4)(b) and 17(3)(a).

(2) Launching appliances using falls and a winch

(a) Falls shall be of rotation-resistant and corrosion-resistant steel wire rope.

(b) In the case of a multiple drum winch, unless an efficient compensatory device is fitted, the falls shall be so arranged as to wind off the drums at the same rate when lowering, and to wind on to the drums evenly at the same rate when hoisting.

(c) Every rescue boat launching appliance shall be fitted with a powered winch motor of such capacity that the rescue boat can be raised from the water with its full complement of persons and equipment.

(d) An efficient hand gear shall be provided for recovery of each survival craft and rescue boat. Hand gear handles or wheels shall not be rotated by moving parts of the winch when the survival craft or rescue boat is being lowered or when it is being hoisted by power.

(e) Where davit arms are recovered by power, safety devices shall be fitted which will automatically cut off the power before the davit arms reach the stops in order to avoid overstressing the falls or davits, unless the motor is designed to prevent such overstressing.

(f) The speed at which the survival craft or rescue boat is lowered into the water shall be not less than that obtained from the formula:

S = 0.4 + 0.02H

where:

S = speed of lowering, in metres per second; and

H = height, in metres, from davit head to the waterline in the lightest seagoing condition.

(g) The maximum lowering speed shall be established by the Administration having regard to the design of the survival craft or rescue boat, the protection of its occupants from excessive forces, and the strength of the launching arrangements taking into account inertia forces during an emergency stop. Means shall be incorporated in the appliance to ensure that this speed is not exceeded.

(h) Every rescue boat launching appliance shall be capable of hoisting the rescue boat when loaded with its full rescue boat complement of persons and equipment at a rate of not less than 0.3 m/s.

(i) Every launching appliance shall be fitted with brakes capable of stopping the descent of the survival craft or rescue boat and holding it securely when loaded with its full complement of persons and equipment; brake pads shall, where necessary, be protected from water and oil.

(j) Manual brakes shall be so arranged that the brake is always applied, unless the operator, or a mechanism activated by the operator, holds the brake control in the "off" position.

(3) Float-free launching

Where a survival craft requires a launching appliance and is also designed to float free, the float-free release of the survival craft from its stowed position shall be automatic.

(4) Free-fall launching

Every free-fall launching appliance using an inclined plane shall, in addition to complying with the applicable requirements of paragraph (1), also comply with the following requirements:

(i) the launching appliance shall be so arranged that excessive forces are not experienced by the occupants of the survival craft during launching;

(ii) the launching appliance shall be a rigid structure with a ramp angle and length sufficient to ensure that the survival craft effectively clears the vessel;

(iii) the launching appliance shall be efficiently protected against corrosion and be so constructed as to prevent incendive friction or impact sparking during the launching of the survival craft.

(5) Evacuation-slide launching and embarkation

Every evacuation-slide launching appliance shall, in addition to complying with the applicable requirements of paragraph (1), also comply with the following requirements:

(i) the evacuation slide shall be capable of being deployed by one person at the embarkation station;

(ii) the evacuation slide shall be capable of being used in high winds and in a seaway.

(6) Liferaft launching appliances

Every liferaft launching appliance shall comply with the requirements of paragraphs (1) and (2), except with regard to use of gravity for turning out the appliance, embarkation in the stowed position and recovery of the loaded liferaft. The launching appliance shall be so arranged as to prevent premature release during lowering and shall release the liferaft when waterborne.

(7) Embarkation ladders

(a) Handholds shall be provided to ensure a safe passage from the deck to the head of the ladder and vice versa.

(b) The steps of the ladder shall be:

(i) made of hardwood, free from knots or other irregularities, smoothly machined and free from sharp edges and splinters, or of suitable material of equivalent properties;

(ii) provided with an efficient non-slip surface either by longitudinal grooving or by the application of an approved non-slip coating;

(iii) not less than 480 mm long, 115 mm wide and 25 mm in depth, excluding any non-slip surface or coating;

(iv) equally spaced not less than 300 mm or more than 380 mm apart and secured in such a manner that they will remain horizontal.

(c) The side ropes of the ladder shall consist of two uncovered manila ropes not less than 65 mm in circumference on each side. Each rope shall be continuous with no joints below the top step. Other materials may be used, provided the dimensions, breaking strain, weathering, stretching and gripping properties are at least equivalent to those of manila rope. All rope ends shall be secured to prevent unravelling.

CHAPTER VIII

Emergency procedures, musters and drills

Regulation 1

Application

Regulations of this chapter shall apply to new and existing vessels of 24 m in length and over.

Regulation 2

General emergency alarm system, muster list and emergency instructions

(1) The general emergency alarm system shall be capable of sounding the general alarm signal consisting of seven or more short blasts followed by one long blast on the vessel's whistle or siren and, additionally, on an electrically operated bell or klaxon or other equivalent warning system which shall be powered from the vessel's main supply and the emergency source of electrical power required by regulation IV/17.

(2) All vessels shall be provided with clear instructions for each crew member, which shall be followed in case of emergency.

(3) The muster list shall be posted up in several parts of the vessel and, in particular, in the wheelhouse, the engine-room and in the crew accommodation and shall include the information specified in the following paragraphs.

(4) The muster list shall specify details of the general alarm signal prescribed by paragraph (1) and also the action to be taken by the crew when this alarm is sounded. The muster list shall also specify how the order to abandon ship will be given.

(5) The muster list shall show the duties assigned to the different members of the crew including:

(a) closing of watertight doors, fire doors, valves, scuppers, overboard shoots, sidescuttles, skylights, portholes and other similar openings in the vessel;

(b) equipping the survival craft and other life-saving appliances;

(d) general preparation of other life-saving appliances;

(e) use of communication equipment; and

(f) manning of fire parties assigned to deal with fires.

(6) In vessels of less than 45 m in length, the Administration may permit relaxation of the requirements of paragraph (5) if satisfied that, due to the small number of crew members, no muster list is necessary.

(7) The muster list shall specify which officers are assigned to ensure that the life-saving and fire appliances are maintained in good condition and are ready for immediate use.

(8) The muster list shall specify substitutes for key persons who may become disabled, taking into account that different emergencies may call for different actions.

(9) The muster list shall be prepared before the vessel proceeds to sea. After the muster list has been prepared, if any change takes place in the crew which necessitates an alteration in the muster list, the skipper shall either revise the list or prepare a new list.

Regulation 3

Abandon ship training and drills

(1) Practice musters and drills

(a) Each member of the crew shall participate in at least one abandon ship drill and one fire drill every month. However, on vessels less than 45 m in length, the Administration may modify this requirement, provided that at least one abandon ship and one fire drill is held at least every three months. The drills of the crew shall take place within 24 h of the vessel leaving a port, if more than 25 % of the crew have not participated in abandon ship and fire drills on board that particular vessel in the previous muster. The Administration may accept other arrangements that are at least equivalent for those classes of vessel for which this is impracticable.

(b) Each abandon ship drill shall include:

(i) summoning of crew to muster stations with the general emergency alarm and ensuring that they are made aware of the order to abandon ship specified in the muster list;

(ii) reporting to stations and preparing for the duties described in the muster list;

(iii) checking that crew are suitably dressed;

(iv) checking that lifejackets are correctly donned;

(v) lowering of at least one lifeboat after any necessary preparation for launching;

(vi) starting and operating the lifeboat engine;

(vii) operation of davits used for launching liferafts.

(i) reporting to stations and preparing for the duties described in the fire muster list;

(ii) starting of a fire pump, using at least the two required jets of water to show that the system is in proper working order;

(iii) checking of fireman's outfit and other personal rescue equipment;

(iv) checking of relevant communication equipment;

(v) checking the operation of watertight doors, fire doors, fire dampers and means of escape;

(vi) checking the necessary arrangements for subsequent abandoning of the vessel.

(d) Different lifeboats shall, as far as practicable, be lowered in compliance with the requirements of subparagraph (b)(v) at successive drills.

(e) Drills shall, as far as practicable, be conducted as if there were an actual emergency.

(f) Each lifeboat shall be launched with its assigned operating crew aboard and manoeuvred in the water at least once every three months during an abandon ship drill.

(g) As far as is reasonable and practicable, rescue boats other than lifeboats which are also rescue boats shall be launched each month with their assigned crew aboard and manoeuvred in the water. In all cases, this requirement shall be complied with at least once every three months.

(h) If lifeboat and rescue boat launching drills are carried out with the vessel making headway, such drills shall, because of the dangers involved, be practised in sheltered waters only and under the supervision of an officer experienced in such drills. (43)

(i) Emergency lighting for mustering and abandonment shall be tested at each abandon ship drill.

(j) The drills may be adjusted according to the relevant equipment required by those regulations. However, if equipment is carried on a voluntary basis, it shall be used in the drills and the drills shall be adjusted accordingly.

(2) Onboard training and instructions

(a) Onboard training in the use of the vessel's life-saving appliances, including survival craft equipment, shall be given as soon as possible but not later than two weeks after a crew member joins the vessel. However, if the crew member is on a regularly scheduled rotating assignment to the vessel, such training shall be given not later than two weeks after the time of first joining the vessel.

(b) Instructions in the use of the vessel's life-saving appliances and in survival at sea shall be given at the same intervals as the drills. Individual instruction may cover different parts of the vessel's life-saving system, but all the vessel's life-saving equipment and appliances shall be covered within any period of two months. Each member of the crew shall be given instructions which shall include but not necessarily be limited to:

(i) operation and use of the vessel's inflatable liferafts, including precautions concerning nailed shoes and other sharp objects;

(ii) problems of hypothermia, first-aid treatment for hypothermia and other appropriate first-aid procedures;

(iii) special instructions necessary for use of the vessel's life-saving appliances in severe weather and severe sea conditions.

(c) Onboard training in the use of davit-launched liferafts shall take place at intervals of not more than four months on every vessel fitted with such appliances. Whenever practicable, this shall include the inflation and lowering of a liferaft. This liferaft may be a special liferaft intended for training purposes only, which is not part of the vessel's life-saving equipment; such a special liferaft shall be conspicuously marked.

(3) Records

The date when musters are held, details of abandon ship drills and fire drills, drills of other life-saving appliances and onboard training shall be recorded in such log-book as may be prescribed by the Administration. If a full muster, drill or training session is not held at the appointed time, an entry shall be made in the log-book stating the circumstances and the extent of the muster, drill or training session held.

(4) Training manual

(a) A training manual shall be provided in each crew mess room and recreation room or in each crew cabin. The training manual, which may comprise several volumes, shall contain instructions and information, in easily understood terms illustrated wherever possible, on the life-saving appliances provided in the vessel and on the best methods of survival. Any part of such information may be provided in the form of audio-visual aids in lieu of the manual. The following shall be explained in detail:

(i) donning of lifejackets and immersion suits, as appropriate;

(ii) muster at the assigned stations;

(iii) boarding, launching and clearing the survival craft and rescue boats;

(iv) method of launching from within the survival craft;

(v) release from launching appliances;

(vi) methods and use of devices for protection in launching areas, where appropriate;

(vii) illumination in launching areas;

(viii) use of all survival equipment;

(ix) use of all detection equipment;

(x) with the assistance of illustrations, the use of radio life-saving appliances;

(xi) use of drogues;

(xii) use of engine and accessories;

(xiii) recovery of survival craft and rescue boats, including stowage and securing;

(xiv) hazards of exposure and the need for warm clothing;

(xv) best use of the survival craft facilities in order to survive; (44)

(xvi) methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), breeches-buoy and shore life-saving apparatus and vessel's line-throwing apparatus;

(xvii) all other functions contained in the muster list and emergency instructions;

(xviii) instructions for emergency repair of the life-saving appliances.

(b) On vessels of less than 45 m in length, the Administration may permit relaxation of the requirements of subparagraph (a). However, appropriate safety information shall be carried on board.

Regulation 4

Training in emergency procedures

The Administration shall take such measures as it may deem necessary to ensure that crews are adequately trained in their duties in the event of emergencies. Such training shall include, as appropriate:

(a) types of emergencies which may occur, such as collisions, fire and foundering;

(b) types of life-saving appliances normally carried on vessels;

(d) value of training and drills;

(e) need to be ready for any emergency and to be constantly aware of:

(i) the information in the muster list, in particular:

each crew member's specific duties in any emergency;

each crew member's own survival station; and

the signals calling the crew to their survival craft or fire stations;

(ii) location of each crew member's own lifejacket and spare lifejackets;

(iii) location of fire alarm controls;

(iv) means of escape;

(v) consequences of panic;

(f) actions to be taken in respect to lifting persons from vessels and survival craft by helicopter;

(g) actions to be taken when called to survival craft stations, including:

(i) putting on suitable clothing;

(ii) donning of lifejacket; and

(iii) collecting additional protection such as blankets, time permitting;

(h) actions to be taken when required to abandon ship, such as:

(i) how to board survival craft from vessel and water; and

(ii) how to jump into the sea from a height and reduce the risk of injury when entering the water;

(i) actions to be taken when in the water, such as:

(i) how to survive in circumstances of:

fire or oil on the water;

cold conditions; and

shark-infested waters;

(ii) how to right a capsized survival craft;

(j) actions to be taken when aboard a survival craft, such as:

(i) getting the survival craft quickly clear of the vessel;

(ii) protection against cold or extreme heat;

(iii) using a drogue or sea-anchor;

(iv) keeping a look-out;

(v) recovering and caring for survivors;

(vi) facilitating detection by others;

(vii) checking equipment available for use in the survival craft and using it correctly; and

(viii) remaining, so far as possible, in the vicinity;

(k) main dangers to survivors and the general principles of survival, including:

(i) precautions to be taken in cold climates;

(ii) precautions to be taken in tropical climates;

(iii) exposure to sun, wind, rain and sea;

(iv) importance of wearing suitable clothing;

(v) protective measures in survival craft;

(vi) effects of immersion in the water, and of hypothermia;

(vii) importance of preserving body fluids;

(viii) protection against seasickness;

(ix) proper use of fresh water and food;

(x) effects of drinking seawater;

(xi) means available for facilitating detection by others; and

(xii) importance of maintaining morale;

(l) actions to be taken in respect to fire fighting:

(i) the use of fire hoses with different nozzles;

(ii) the use of fire extinguishers;

(iii) knowledge of the location of fire doors; and

(iv) the use of breathing apparatus.

CHAPTER IX

Radiocommunications

PART A

Application and definitions

Regulation 1

Application

(1) Unless expressly provided otherwise, this chapter shall apply to new and existing vessels of 45 m in length and over. However, for existing vessels, the Administration may defer the implementation of the requirements until 1 February 1999, or the date of entry into force of the Protocol, whichever occurs later.

(2) No provision in this chapter shall prevent the use by any vessel, survival craft or person in distress of any means at their disposal to attract attention, make known their position and obtain help. Notwithstanding the provisions of paragraph (1), the Administration may permit the existing radiocommunication system to continue to be used on board existing fishing vessels, providing the Administration is satisfied that it is equivalent to the requirements of this chapter.

Regulation 2

Terms and definitions

(1) For the purpose of this chapter, the following terms shall have the meanings defined below:

(a) Bridge-to-bridge communications means safety communications between vessels from the position from which the vessels are normally navigated.

(b) Continuous watch means that the radio watch concerned shall not be interrupted other than for brief intervals when the vessel's receiving capability is impaired or blocked by its own communications or when the facilities are under periodical maintenance or checks.

(c) Digital selective calling (DSC) means a technique using digital codes which enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations of the International Radio Consultative Committee (CCIR).

(d) Direct-printing telegraphy means automated telegraphy techniques which comply with the relevant recommendations of the CCIR.

(e) General radiocommunications means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio.

(f) Inmarsat means the Organization established by the Convention on the International Maritime Satellite Organization adopted on 3 September 1976.

(g) International NAVTEX service means the co-ordinated broadcast and automatic reception on 518 kHz of maritime safety information by means of narrow-band direct-printing telegraphy using the English language. (45)

(h) Locating means the finding of ships, vessels, aircraft, units or persons in distress.

(i) Maritime safety information means navigational and meteorological warnings, meteorological forecasts and other urgent safety-related messages broadcast to vessels.

(j) Polar orbiting satellite service means a service which is based on polar orbiting satellites which receive and relay distress alerts from satellite emergency position-indicating radio beacons (satellite EPIRBs) and which provides their position.

(k) Radio Regulations means the Radio Regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention which is in force at any time.

(l) Sea area A1 means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available, as may be defined by a Party. (46)

(m) Sea area A2 means an area, excluding sea area A1, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined by a Party. (46)

(n) Sea area A3 means an area, excluding sea areas A1 and A2, within the coverage of an Inmarsat geostationary satellite in which continuous alerting is available.

(o) Sea area A4 means an area outside sea areas A1, A2 and A3.

(2) All other terms and abbreviations which are used in this chapter and which are defined in the Radio Regulations shall have the meanings as defined in those Regulations.

Regulation 3

Exemptions

(1) The Parties to the Protocol consider it highly desirable not to deviate from the requirements of this chapter; nevertheless, the Administration may grant partial or conditional exemptions to individual vessels from the requirements of regulations 6 to 10 and 14(7), provided:

(a) such vessels comply with the functional requirements of regulation 4; and

(b) the Administration has taken into account the effect such exemptions may have upon the general efficiency of the service for the safety of all ships and vessels.

(2) An exemption may be granted under paragraph (1) only:

(a) if the conditions affecting safety are such as to render the full application of regulations 6 to 10 and 14(7) unreasonable or unnecessary; or

(b) in exceptional circumstances, for a single voyage outside the sea area or sea areas for which the vessel is equipped; or

(c) when the vessel will be taken permanently out of service within two years of the date of entry into force of the Protocol, or 1 February 1999, whichever occurs later, for the application of a requirement of this chapter.

(3) Each Administration shall submit to the Organization, as soon as possible after the first of January in each year, a report showing all exemptions granted under paragraphs (1) and (2) during the previous calendar year and giving the reasons for granting such exemptions.

Regulation 4

Functional requirements

Every vessel, while at sea, shall be capable:

(a) except as provided in regulations 7(1)(a) and 9(1)(d)(iii), of transmitting ship-to-shore distress alerts by at least two separate and independent means, each using a different radiocommunication service;

(b) of receiving shore-to-ship distress alerts;

(d) of transmitting and receiving search and rescue co-ordinating communications;

(e) of transmitting and receiving on-scene communications;

(f) of transmitting and, as required by regulation X/3(6), receiving signals for locating; (47)

(g) of transmitting and receiving (48) maritime safety information;

(h) of transmitting and receiving general radiocommunications to and from shore-based radio systems or networks subject to regulation 14(8); and

(i) of transmitting and receiving bridge-to-bridge communications.

PART B

Ship requirements

Regulation 5

Radio installations

(1) Every vessel shall be provided with radio installations capable of complying with the functional requirements prescribed by regulation 4 throughout its intended voyage and, unless exempted under regulation 3, complying with the requirements of regulation 6 and, as appropriate for the sea area or areas through which it will pass during its intended voyage, the requirements of either regulation 7, 8, 9 or 10.

(2) Every radio installation shall:

(a) be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and so as to ensure electromagnetic compatibility and avoidance of harmful interaction with other equipment and systems;

(b) be so located as to ensure the greatest possible degree of safety and operational availability;

(d) be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and

(e) be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation.

(3) Control of the VHF radiotelephone channels, required for navigational safety, shall be immediately available on the navigation bridge convenient to the conning position and, where necessary, facilities should be available to permit radiocommunications from the wings of the navigation bridge. Portable VHF equipment may be used to meet the latter provision.

Regulation 6

Radio equipment: General

(1) Except as provided in regulation 9(4), every vessel shall be provided with:

(a) a VHF radio installation capable of transmitting and receiving:

(i) DSC on the frequency 156.525 MHz (channel 70). It shall be possible to initiate the transmission of distress alerts on channel 70 from the position from which the vessel is normally navigated; and

(ii) radiotelephony on the frequencies 156.300 MHz (channel 6), 156.650 MHz (channel 13) and 156.800 MHz (channel 16);

(b) a radio installation capable of maintaining a continuous DSC watch on VHF channel 70 which may be separate from, or combined with, that required by subparagraph (a)(i);

(i) shall be so stowed that it can be easily utilized; and

(ii) may be one of those required by regulation VII/14 for a survival craft;

(d) a receiver capable of receiving international NAVTEX service broadcasts if the vessel is engaged on voyages in any area in which an international NAVTEX service is provided;

(e) a radio facility for reception of maritime safety information by the Inmarsat enhanced group calling system, if the vessel is engaged on voyages in any area of Inmarsat coverage but in which an international NAVTEX service is not provided. However, vessels engaged exclusively on voyages in areas where an HF direct-printing telegraphy maritime safety information service is provided and fitted with equipment capable of receiving such service, may be exempted from this requirement; (49)

(f) subject to the provisions of regulation 7(3), a satellite EPIRB (50) which shall be:

(i) capable of transmitting a distress alert either through the polar orbiting satellite service operating in the 406 MHz band or, if the vessel is engaged only on voyages within Inmarsat coverage, through the Inmarsat geostationary satellite service operating in the 1.6 GHz band; (51)

(ii) installed in an easily accessible position;

(iii) ready to be manually released and capable of being carried by one person into a survival craft;

(iv) capable of floating free, if the vessel sinks, and of being automatically activated, when afloat; and

(v) capable of being activated manually.

(2) Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee of the Organization, every vessel shall, in addition, be fitted with a radio receiver capable of maintaining a radiotelephone distress frequency watch on 2,182 kHz.

(3) Until 1 February 1999 if the Protocol enters into force earlier than that date, every vessel shall, unless the vessel is engaged on voyages in sea area A1 only, be fitted with a device for generating the radiotelephone alarm signal on the frequency 2,182 kHz.

(4) The Administration may exempt vessels constructed on or after 1 February 1997 from the requirements prescribed by paragraphs (2) and (3).

Regulation 7

Radio equipment: Sea area A1

(1) In addition to meeting the requirements of regulation 6, every vessel engaged on voyages exclusively in sea area A1 shall be provided with a radio installation capable of initiating the transmission of ship-to-shore distress alerts from the position from which the vessel is normally navigated, operating either:

(a) on VHF using DSC. This requirement may be fulfilled by the EPIRB prescribed by paragraph (3), either by installing the EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated; or

(b) through the polar orbiting satellite service on 406 MHz. This requirement may be fulfilled by the satellite EPIRB, required by regulation 6(1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated; or

(d) on HF using DSC; or

(e) through the Inmarsat geostationary satellite service. This requirement may be fulfilled by:

(i) an Inmarsat ship earth station; (52) or

(ii) the satellite EPIRB, required by regulation 6(1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated.

(2) The VHF radio installation, required by regulation 6(1)(a), shall also be capable of transmitting and receiving general radiocommunications using radiotelephony.

(3) Vessels engaged on voyages exclusively in sea area A1 may carry, in lieu of the satellite EPIRB required by regulation 6(1)(f), an EPIRB which shall be:

(a) capable of transmitting a distress alert using DSC on VHF channel 70 and providing for locating by means of a radar transponder operating in the 9 GHz band;

(b) installed in an easily accessible position;

(d) capable of floating free, if the vessel sinks, and being automatically activated, when afloat; and

(e) capable of being activated manually.

Regulation 8

Radio equipment: Sea areas A1 and A2

(1) In addition to meeting the requirements of regulation 6, every vessel engaged on voyages beyond sea area A1, but remaining within sea area A2, shall be provided with:

(a) an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:

(i) 2,187.5 kHz using DSC; and

(ii) 2,182 kHz using radiotelephony;

(b) a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz which may be separate from, or combined with, that required by subparagraph (a)(i); and

(c) means of initiating the transmission of ship-to-shore distress alerts by a radio service other than MF operating either:

(i) through the polar orbiting satellite service on 406 MHz. This requirement may be fulfilled by the satellite EPIRB, required by regulation 6(1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated; or

(ii) on HF using DSC; or

(iii) through the Inmarsat geostationary satellite service. This requirement may be fulfilled by an Inmarsat ship earth station, or by the satellite EPIRB, required by regulation 6 (1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated.

(2) It shall be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (1)(a) and (1)(c) from the position from which the vessel is normally navigated.

(3) The vessel shall, in addition, be capable of transmitting and receiving general radiocommunications using radiotelephony or direct-printing telegraphy by either:

(a) a radio installation operating on working frequencies in the bands between 1,605 and 4,000 kHz or between 4,000 and 27,500 kHz. This requirement may be fulfilled by the addition of this capability in the equipment required by paragraph (1)(a); or

(b) an Inmarsat ship earth station.

(4) The Administration may exempt vessels constructed before 1 February 1997, which are engaged exclusively on voyages within sea area A2, from the requirements of regulations 6(1)(a)(i) and 6(1)(b), provided such vessels maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the vessel is normally navigated.

Regulation 9

Radio equipment: Sea areas A1, A2 and A3

(1) In addition to meeting the requirements of regulation 6, every vessel engaged on voyages beyond sea areas A1 and A2, but remaining within sea area A3, shall, if it does not comply with the requirements of paragraph (2), be provided with:

(a) an Inmarsat ship earth station capable of:

(i) transmitting and receiving distress and safety communications using direct-printing telegraphy;

(ii) initiating and receiving distress priority calls;

(iii) maintaining watch for shore-to-ship distress alerts, including those directed to specifically defined geographical areas;

(iv) transmitting and receiving general radiocommunications, using either radiotelephony or direct-printing telegraphy; and

(b) an MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies:

(i) 2,187.5 kHz using DSC; and

(ii) 2,182 kHz using radiotelephony; and

(c) a radio installation capable of maintaining a continuous DSC watch on the frequency 2,187.5 kHz which may be separate from, or combined with, that required by subparagraph (b)(i); and

(d) means of initiating the transmission of ship-to-shore distress alerts by a radio service operating either:

(ii) on HF using DSC; or

(iii) through the Inmarsat geostationary satellite service, by an additional ship earth station or by the satellite EPIRB required by regulation 6(1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated.

(2) In addition to meeting the requirements of regulation 6, every vessel engaged on voyages beyond sea areas A1 and A2, but remaining within sea area A3, shall, if it does not comply with the requirements of paragraph (1), be provided with:

(a) an MF/HF radio installation capable of transmitting and receiving, for distress and safety purposes, on all distress and safety frequencies in the bands between 1,605 and 4,000 kHz and between 4,000 and 27,500 kHz:

(i) using DSC;

(ii) using radiotelephony; and

(iii) using direct-printing telegraphy; and

(b) equipment capable of maintaining DSC watch on 2,187.5 kHz, 8,414.5 kHz and on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz; at any time, it shall be possible to select any of these DSC distress and safety frequencies. This equipment may be separate from, or combined with, the equipment required by subparagraph (a); and

(c) means of initiating the transmission of ship-to-shore distress alerts by a radiocommunication service other than HF operating either:

(ii) through the Inmarsat geostationary satellite service. This requirement may be fulfilled by an Inmarsat ship earth station or the satellite EPIRB, required by regulation 6(1)(f), either by installing the satellite EPIRB close to, or by remote activation from, the position from which the vessel is normally navigated; and

(d) in addition, vessels shall be capable of transmitting and receiving general radiocommunications using radiotelephony or direct-printing telegraphy by an MF/HF radio installation operating on working frequencies in the bands between 1,605 and 4,000 kHz and between 4,000 and 27,500 kHz. This requirement may be fulfilled by the addition of this capability in the equipment required by subparagraph (a).

(3) It shall be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (1)(a), (1)(b), (1)(d), (2)(a) and (2)(c) from the position from which the vessel is normally navigated.

(4) The Administration may exempt vessels constructed before 1 February 1997 and engaged exclusively on voyages within sea areas A2 and A3 from the requirements of regulations 6(1)(a)(i) and 6(1)(b), provided such vessels maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the vessel is normally navigated.

Regulation 10

Radio equipment: Sea areas A1, A2, A3 and A4

(1) In addition to meeting the requirements of regulation 6, vessels engaged on voyages in all sea areas shall be provided with the radio installations and equipment required by regulation 9(2), except that the equipment required by regulation 9(2)(c)(ii), shall not be accepted as an alternative to that required by regulation 9(2)(c)(i) which shall always be provided. In addition, vessels engaged on voyages in all sea areas shall comply with the requirements of regulation 9(3).

(2) The Administration may exempt vessels constructed before 1 February 1997 and engaged exclusively on voyages within sea areas A2, A3 and A4 from the requirements of regulations 6(1)(a)(i) and 6(1)(b), provided such vessels maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the vessel is normally navigated.

Regulation 11

Watches

(1) Every vessel, while at sea, shall maintain a continuous watch:

(a) on VHF DSC channel 70, if the vessel, in accordance with the requirements of regulation 6(1)(b), is fitted with a VHF radio installation;

(b) on the distress and safety DSC frequency 2,187.5 kHz, if the vessel, in accordance with the requirements of regulation 8(1)(b) or 9(1)(c), is fitted with an MF radio installation;

(c) on the distress and safety DSC frequencies 2,187.5 kHz and 8,414.5 kHz and also on at least one of the distress and safety DSC frequencies 4,207.5 kHz, 6,312 kHz, 12,577 kHz or 16,804.5 kHz, appropriate to the time of day and the geographical position of the vessel, if the vessel, in accordance with the requirements of regulation 9(2)(b) or 10(1), is fitted with an MF/HF radio installation. This watch may be kept by means of a scanning receiver;

(d) for satellite shore-to-ship distress alerts, if the vessel, in accordance with the requirements of regulation 9(1)(a), is fitted with an Inmarsat ship earth station.

(2) Every vessel, while at sea, shall maintain a radio watch for broadcasts of maritime safety information on the appropriate frequency or frequencies on which such information is broadcast for the area in which the vessel is navigating.

(3) Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee of the Organization, every vessel, while at sea, shall maintain, when practicable, a continuous listening watch on VHF channel 16. This watch shall be kept at the position from which the vessel is normally navigated.

(4) Until 1 February 1999 or until such other date as may be determined by the Maritime Safety Committee of the Organization, every vessel, while at sea, shall maintain, when practicable, a continuous watch on the radiotelephone distress frequency 2,182 kHz. This watch shall be kept at the position from which the vessel is normally navigated. (53)

Regulation 12

Sources of energy

(1) There shall be available at all times, while the vessel is at sea, a supply of electrical energy sufficient to operate the radio installations and to charge any batteries used as part of a reserve source or sources of energy for the radio installations.

(2) A reserve source or sources of energy shall be provided on every vessel, to supply radio installations, for the purpose of conducting distress and safety radiocommunications, in the event of failure of the vessel's main and emergency sources of electrical power. The reserve source or sources of energy shall be capable of simultaneously operating the VHF radio installation required by regulation 6(1)(a) and, as appropriate for the sea area or sea areas for which the vessel is equipped, either the MF radio installation required by regulation 8(1)(a), the MF/HF radio installation required by regulation 9(2)(a) or 10(1), or the Inmarsat ship earth station required by regulation 9(1)(a) and any of the additional loads mentioned in paragraphs (4), (5) and (8) for a period of at least:

(a) on new vessels:

(i) 3 h, or

(ii) 1 h, if the emergency source of electrical power complies fully with all relevant requirements of regulation IV/17 including the requirements to supply the radio installations and is capable of serving for a period of at least 6 h;

(b) on existing vessels:

(i) 6 h, if the emergency source of electrical power is not provided or does not comply fully with all relevant requirements of regulation IV/17, including the requirements to supply the radio installations; (54) or

(ii) 3 h, if the emergency source of electrical power complies fully with all relevant requirements of regulation IV/17, including the requirements to supply the radio installations; or

(iii) 1 h, if the emergency source of electrical power complies fully with all relevant requirements of regulation IV/17, including the requirements to supply the radio installations and is capable of serving for a period of at least 6 h.

The reserve source or sources of energy need not supply independent HF and MF radio installations at the same time.

(3) The reserve source or sources of energy shall be independent of the propelling power of the vessel and the vessel's electrical system.

(4) Where, in addition to the VHF radio installation, two or more of the other radio installations, referred to in paragraph (2), can be connected to the reserve source or sources of energy, they shall be capable of simultaneously supplying, for the period specified, as appropriate, in paragraph (2)(a) or (2)(b), the VHF radio installation and:

(a) all other radio installations which can be connected to the reserve source or sources of energy at the same time; or

(b) whichever of the other radio installations will consume the most power, if only one of the other radio installations can be connected to the reserve source or sources of energy at the same time as the VHF radio installation.

(5) The reserve source or sources of energy may be used to supply the electrical lighting required by regulation 5(2)(d).

(6) Where a reserve source of energy consists of a rechargeable accumulator battery or batteries:

(a) a means of automatically charging such batteries shall be provided which shall be capable of recharging them to minimum capacity requirements within 10 h; and

(b) the capacity of the battery or batteries shall be checked, using an appropriate method, (55) at intervals not exceeding 12 months, when the vessel is not at sea.

(7) The siting and installation of accumulator batteries which provide a reserve source of energy shall be such as to ensure:

(a) the highest degree of service;

(b) a reasonable lifetime;

(d) that battery temperatures remain within the manufacturer's specifications whether under charge or idle; and

(e) that, when fully charged, the batteries will provide at least the minimum required hours of operation under all weather conditions.

(8) If an uninterrupted input of information from the vessel's navigational or other equipment to a radio installation required by this chapter is needed to ensure its proper performance, means shall be provided to ensure the continuous supply of such information in the event of failure of the vessel's main or emergency source of electrical power.

Regulation 13

Performance standards

(1) All equipment to which this chapter applies shall be of a type approved by the Administration. Subject to paragraph (2), such equipment shall conform to appropriate performance standards not inferior to those adopted by the Organization. (56)

(2) Equipment installed prior to the dates of application prescribed by regulation 1 may be exempted from full compliance with the appropriate performance standards at the discretion of the Administration, provided that the equipment is compatible with equipment complying with the performance standards, having due regard to the criteria which the Organization may adopt in connection with such standards.

Regulation 14

Maintenance requirements

(1) Equipment shall be so designed that the main units can be replaced readily, without elaborate recalibration or readjustment.

(2) Where applicable, equipment shall be so constructed and installed that it is readily accessible for inspection and on-board maintenance purposes.

(3) Adequate information shall be provided to enable the equipment to be properly operated and maintained taking into account the recommendations of the Organization. (57)

(4) Adequate tools and spares shall be provided to enable the equipment to be maintained.

(5) The Administration shall ensure that radio equipment required by this chapter is maintained to provide the availability of the functional requirements specified in regulation 4 and to meet the recommended performance standards of such equipment.

(6) On vessels engaged on voyages in sea areas A1 and A2, the availability shall be ensured by using such methods as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability, or a combination of these, as may be approved by the Administration.

(7) On vessels engaged on voyages in sea areas A3 and A4, the availability shall be ensured by using a combination of at least two methods such as duplication of equipment, shore-based maintenance or at-sea electronic maintenance capability, as may be approved by the Administration, taking into account the recommendations of the Organization. (58) However, the Administration may exempt a vessel from the requirement of using two methods and allow the use of one method, taking account of the type of vessel and its mode of operation.

(8) While all reasonable steps shall be taken to maintain the equipment in efficient working order to ensure compliance with all the functional requirements specified in regulation 4, malfunction of the equipment for providing the general radiocommunications required by regulation 4(h) shall not be considered as making a vessel unseaworthy or as a reason for delaying the vessel in ports where repair facilities are not readily available, provided the vessel is capable of performing all distress and safety functions.

Regulation 15

Radio personnel

Every vessel shall carry personnel qualified for distress and safety radiocommunication purposes to the satisfaction of the Administration. (59) The personnel shall be holders of certificates specified in the Radio Regulations, as appropriate, any one of whom shall be designated to have primary responsibility for radiocommunications during distress incidents.

Regulation 16

Radio records

A record shall be kept, to the satisfaction of the Administration and as required by the Radio Regulations, of all incidents connected with the radiocommunication service which appear to be of importance to safety of life at sea.

CHAPTER X

Shipborne navigational equipment and arrangements

Regulation 1

Application

Unless expressly provided otherwise, this chapter shall apply to new and existing vessels.

Regulation 2

Exemptions

The Administration may exempt any vessel from any of the requirements of this chapter where it considers that the nature of the voyage or the vessel's proximity to land does not warrant such requirements.

Regulation 3

Shipborne navigational equipment (60)

(1) (a) Vessels of 24 m in length and over shall be fitted with:

(i) a standard magnetic compass, except as provided in subparagraph (d);

(ii) a steering magnetic compass, unless heading information provided by the standard compass required under (i) is made available and is clearly readable by the helmsman at the main steering position;

(iii) adequate means of communication between the standard compass position and the normal navigation control position to the satisfaction of the Administration; and

(iv) means for taking bearings as nearly as practicable over an arc of the horizon of 360º.

(b) Each magnetic compass referred to in subparagraph (a) shall be properly adjusted and its table or curve of residual deviations shall be available at all times.

(c) A spare magnetic compass, interchangeable with the standard compass, shall be carried, unless the steering compass mentioned in subparagraph (a)(ii) or a gyro-compass is fitted.

(d) The Administration, if it considers it unreasonable or unnecessary to require a standard magnetic compass, may exempt individual vessels or classes of vessels from these requirements if the nature of the voyage, the vessel's proximity to land or the type of vessel does not warrant a standard compass, provided that a suitable steering compass is in all cases carried.

(2) Vessels of less than 24 m in length shall, as far as the Administration considers it reasonable and practicable, be fitted with a steering compass and have means for taking bearings.

(3) Vessels of 45 m in length and over constructed on or after 1 September 1984 shall be fitted with a gyro-compass complying with the following requirements:

(a) the master gyro-compass or a gyro-repeater shall be clearly readable by the helmsman at the main steering position;

(b) on vessels of 75 m in length and over a gyro-repeater or gyro-repeaters shall be provided and shall be suitably placed for taking bearings as nearly as practicable over an arc of the horizon of 360º.

(4) Vessels of 75 m in length and over constructed before 1 September 1984 shall be fitted with a gyro-compass complying with the requirements of paragraph (3).

(5) Vessels with emergency steering positions shall at least be provided with a telephone or other means of communication for relaying heading information to such positions. In addition, vessels of 45 m in length and over constructed on or after 1 February 1992 shall be provided with arrangements for supplying visual compass readings to the emergency steering position.

(6) Vessels of 45 m in length and over constructed on or after 1 September 1984 and vessels of 75 m in length and over constructed before 1 September 1984 shall be fitted with a radar installation. From 1 February 1995, the radar installation shall be capable of operating in the 9 GHz frequency band. In addition, after 1 February 1995, vessels of 35 m in length and over shall be fitted with a radar installation capable of operating in the 9 GHz frequency band. Vessels of 35 m in length and over but less than 45 m may be exempted from compliance with the requirements of paragraph (16) at the discretion of the Administration, provided that the equipment is fully compatible with the radar transponder for search and rescue.

(7) In vessels of less than 35 m in length where radar is fitted, the installation shall be to the satisfaction of the Administration.

(8) Facilities for plotting radar readings shall be provided on the navigation bridge of vessels required by paragraph (6) to be fitted with a radar installation. In vessels of 75 m in length and over constructed on or after 1 September 1984, the plotting facilities shall be at least as effective as a reflection plotter.

(9) Vessels of 75 m in length and over constructed before 25 May 1980 and vessels of 45 m in length and over constructed on or after 25 May 1990 shall be fitted with an echo-sounding device.

(10) Vessels of less than 45 m in length shall be provided with suitable means to the satisfaction of the Administration for determining the depth of water under the vessel.

(11) Vessels of 45 m in length and over constructed on or after 1 September 1984 shall be fitted with a device to indicate speed and distance.

(12) Vessels of 75 m in length and over constructed before 1 September 1984 and all vessels of 45 m in length and over constructed on or after 1 September 1984 shall be fitted with indicators showing the rudder angle, the rate of revolution of each propeller and, in addition, if fitted with variable pitch propellers or lateral thrust propellers, the pitch and operational mode of such propellers. All these indicators shall be readable from the conning position.

(13) Except as provided in regulation I/6, while all reasonable steps shall be taken to maintain the apparatus referred to in paragraphs (1) to (12) in efficient working order, malfunctions of the equipment shall not be considered as making a vessel unseaworthy or as a reason for delaying the vessel in ports where repair facilities are not readily available. (61)

(14) Vessels of 75 m in length and over shall be fitted with a radio direction-finding apparatus. The Administration may exempt a vessel from this requirement if it considers it unreasonable or unnecessary for such apparatus to be carried or, if the vessel is provided with other radionavigation equipment suitable for use throughout its intended voyages.

(15) Until 1 February 1999, vessels of 75 m in length and over constructed on or after 25 May 1980 and before 1 February 1995 shall be fitted with radio equipment for homing on the radiotelephone distress frequency.

(16) All equipment fitted in compliance with this regulation shall be of a type approved by the Administration. Equipment installed on board vessels on or after 1 September 1984 shall conform to appropriate performance standards not inferior to those adopted by the Organization. (62) Equipment fitted prior to the adoption of related performance standards may be exempted from full compliance with those standards at the discretion of the Administration, having due regard to the recommended criteria which the Organization might adopt in connection with the standards concerned.

Regulation 4

Nautical instruments and publications

Suitable nautical instruments, adequate and up-to-date charts, sailing directions, lists of lights, notices to mariners, tide tables and all other nautical publications necessary for the intended voyage, to the satisfaction of the Administration, shall be carried on board.

Regulation 5

Signalling equipment

(1) A daylight signalling lamp shall be provided, the operation of which is not solely dependent upon the main source of electrical power. The power supply shall in any case include a portable battery.

(2) Vessels of 45 m in length and over shall be provided with a full complement of flags and pennants to enable communications to be sent using the International Code of Signals.

(3) All vessels which, in accordance with the present Protocol, are required to carry radio installations shall carry the International Code of Signals. This publication shall also be carried by any other vessel which, in the opinion of the Administration, has a need to use it.

Regulation 6

Navigation bridge visibility

(1) New vessels of 45 m in length and over shall meet the following requirements:

(a) The view of the sea surface from the conning position shall not be obscured by more than two vessel lengths, or 500 m, whichever is less, forward of the bow to 10º on either side irrespective of the vessel's draught and trim.

(b) No blind sector caused by fishing gear or other obstructions outside of the wheelhouse forward of the beam which obstructs the view of the sea surface as seen from the conning position, shall exceed 10º. The total arc of blind sectors shall not exceed 20º. The clear sectors between blind sectors shall be at least 5º. However, in the view described in subparagraph (a), each individual blind sector shall not exceed 5º.

(c) The height of the lower edge of the navigation bridge front windows above the bridge deck shall be kept as low as possible. In no case shall the lower edge present an obstruction to the forward view as described in this regulation.

(d) The upper edge of the navigating bridge front windows shall allow a forward view of the horizon for a person with a height of eye of 1,800 mm above the bridge deck at the conning position when the vessel is pitching in heavy seas. However, the Administration, being satisfied that a 1,800 mm height of eye is unreasonable and impractical, may reduce the height of eye but not to less than 1,600 mm.

(e) The horizontal field of vision from the conning position shall extend over an arc of not less than 225º, that is from right ahead to not less than 22.5º abaft the beam on either side of the vessel.

(f) From each bridge wing the horizontal field of vision shall extend over an arc of at least 225º, that is from at least 45º on the opposite bow through right ahead and then from right ahead to right astern through 180º on the same side of the vessel.

(g) From the main steering position the horizontal field of vision shall extend over an arc from right ahead to at least 60º on each side of the vessel.

(h)The vessel's side shall be visible from the bridge wing.

(i) Windows shall meet the following requirements:

(i) framing between navigation bridge windows shall be kept to a minimum and not be installed immediately forward of any workstation;

(ii) to help avoid reflections, the bridge front windows shall be inclined from the vertical plane top out, at an angle of not less than 10º and not more than 25º;

(iii) polarized and tinted windows shall not be fitted; and

(iv) a clear view through at least two of the navigation bridge front windows and depending on the bridge configuration, an additional number of clear view windows shall be provided at all times regardless of weather conditions.

(2) Existing vessels shall, where practicable, meet the requirements of paragraphs (1)(a) and (b). However, structural alterations or additional equipment need not be required.

(3) On vessels of unconventional design, which in the opinion of the Administration cannot comply with this regulation, arrangements shall be provided to achieve a level of visibility that is as near as practicable to that prescribed in this regulation.

APPENDIX

Certificates and record of equipment

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

ATTACHMENT 1

Articles of the Cape Town Agreement of 2012 on the implementation of the provisions of the Torremollinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977

The Parties to this Agreement:

Recognizing the significant contribution to maritime safety in general and that of fishing vessels which can be made by implementation of the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977;

Acknowledging, however, that certain provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, have given rise to difficulties in their implementation by a number of States having substantial fishing fleets under their flags and that this has prevented the entry into force of that Protocol and, consequently, the implementation of the regulations contained therein;

Desiring to establish by common agreement for the highest practicable standards for the safety of fishing vessels that can be implemented by all the States concerned;

Considering that this objective may best be achieved by the conclusion of an Agreement relating to the implementation of the provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977,

have agreed as follows:

Article 1

General obligations

(1) The Parties to this Agreement shall give effect to the provisions of:

(a) the articles of this Agreement; and

(b) the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (hereinafter referred to as the "1993 Torremolinos Protocol"), with the exception of article 1, paragraphs (1)(a), (2) and (3), article 9 and article 10 of that Protocol, as modified by this Agreement.

(2) The articles of this Agreement, articles 2 to 8 and 11 to 14 of the 1993 Torremolinos Protocol, the regulations in the annex to the 1993 Torremolinos Protocol, and the regulations in the annex to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (hereinafter referred to as the "1977 Torremolinos Convention"), shall, subject to the modifications set out in this Agreement, be read and interpreted as a single instrument.

(3) The annex to this Agreement shall constitute an integral part of the Agreement and a reference to this Agreement shall constitute at the same time a reference to the annex thereto.

Article 2

Interpretation and application of the 1993 Torremolinos Protocol and the 1977 Torremolinos Convention

Articles 2 to 8 inclusive and articles 11 to 14 inclusive of the 1993 Torremolinos Protocol shall apply to this Agreement. In applying these articles, the regulations in the annex to the 1993 Torremolinos Protocol, and the regulations in the annex to the 1977 Torremolinos Convention, a reference to "the present Protocol", or to "the Convention", respectively, shall be deemed to mean a reference to this Agreement.

Article 3

Signature, ratification, acceptance, approval and accession

(1) This Agreement shall remain open for signature at the Headquarters of the Organization from 11 February 2013 to 10 February 2014 and shall thereafter remain open for accession.

(2) All States may become Parties to this Agreement by expressing their consent to be bound by the Agreement by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b) signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval; or

(d) accession.

(3) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(4) A State which has deposited before the date of the adoption of this Agreement an instrument of ratification, acceptance, approval of or accession to the 1993 Torremolinos Protocol and which has signed this Agreement in accordance with paragraph (2)(c) of this article shall be deemed to have expressed its consent to be bound by this Agreement 12 months after the date of the adoption of this Agreement unless that State notifies the depositary in writing before that date that it is not availing itself of the simplified procedure set out in this paragraph.

Article 4

Entry into force

(1) This Agreement shall enter into force 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. (63)

(2) For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Agreement after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of this Agreement or three months after the date of deposit of the instrument, whichever is the later date.

(3) For a State which deposits an instrument of ratification, acceptance, approval or accession in respect of this Agreement after the date on which it enters into force, this Agreement shall take effect three months after the date of deposit of the instrument.

(4) After the date on which an amendment to this Agreement is deemed to have been accepted under article 11 of the 1993 Torremolinos Protocol, as applied to this Agreement pursuant to article 2, any instrument of ratification, acceptance, approval or accession deposited shall apply to this Agreement as amended.

In witness whereof the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Agreement.

Done at Cape Town this eleventh day of October two thousand and twelve.

ATTACHMENT 2

Articles of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977

The Parties to the present Protocol:

Recognizing the significant contribution which can be made by the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, to the safety of ships in general and to the safety of fishing vessels in particular;

Acknowledging however that certain provisions of the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, have given rise to difficulties in their implementation by a number of States with substantial fishing fleets under their flags and that this has prevented the entry into force of the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, and consequently the implementation of the regulations contained therein;

Desiring to establish in common agreement the highest practicable standards for the safety of fishing vessels which can be implemented by all States concerned;

Considering that this objective may best be achieved by the conclusion of a Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977;

have agreed as follows:

Article 1

General obligations

(1) The Parties to the present Protocol shall give effect to the provisions of:

(a) the articles of the present Protocol; and

(b) the regulations contained in the annex to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (hereinafter referred to as "the Convention"), subject to the modifications set out in the annex to the present Protocol.

(2) The articles of the present Protocol and the regulations of the annex to the Convention shall, subject to the modifications set out in the annex to the present Protocol, be read and interpreted as one single instrument.

(3) The annex to the present Protocol shall constitute an integral part of the Protocol and a reference to the present Protocol shall constitute at the same time a reference to the annex hereto.

Article 2

Definitions

For the purpose of the present Protocol, unless expressly provided otherwise:

(a) Party means a State for which the present Protocol has entered into force.

(b) Fishing vessel or vessel means any vessel used commercially for catching fish, whales, seals, walrus or other living resources of the sea.

(d) Secretary-General means the Secretary-General of the Organization.

(e) Administration means the Government of the State whose flag the vessel is entitled to fly.

(f) Regulations means the regulations contained in the annex to the Convention as modified by the present Protocol.

Article 3

Application

(1) The present Protocol shall apply to seagoing fishing vessels including vessels also processing their catch entitled to fly the flag of a Party.

(2) The provisions of the annex shall not apply to vessels exclusively used:

(a) for sport or recreation;

(b) for processing fish or other living resources of the sea;

(d) as fish carriers.

(3) Unless expressly provided otherwise, the provisions of the annex shall apply to fishing vessels of 24 metres in length and over.

(4) In a case where a limit of the vessel's length is prescribed as greater than 24 metres in a chapter for the application of that chapter, the Administration shall determine which regulations of that chapter should apply, wholly or in part, to a fishing vessel of 24 metres in length and over but less than the length limit prescribed in that chapter and entitled to fly the flag of that State, having regard to the type, size and mode of operation of such a vessel.

(5) Parties shall endeavour to establish, as a matter of high priority, uniform standards to be applied by Administrations to fishing vessels referred to in paragraph (4), which operate in the same region, taking into account the mode of operation, sheltered nature and climatic conditions in such region. Such uniform regional standards shall be communicated to the Organization for circulation to other Parties for information.

Article 4

Certification and port State control

(1) Every vessel required to hold a certificate in accordance with the provisions of the regulations is subject, when in a port of another Party, to control by officers duly authorized by the Government of that Party in so far as this control is directed towards verifying that the certificate issued under the provisions of the relevant regulations is valid.

(2) Such certificate, if valid, shall be accepted unless there are clear grounds for believing that the condition of the vessel or of its equipment does not correspond substantially with the particulars of that certificate or that the vessel and its equipment are not in compliance with the provisions of the relevant regulations.

(3) In the circumstances given in paragraph (2) or where a certificate has expired or ceased to be valid, the officer carrying out the control shall take steps to ensure that the vessel shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to the vessel or persons on board.

(4) In the event of this control giving rise to an intervention of any kind, the officer carrying out the control shall forthwith inform, in writing, the Consul or, in his absence, the nearest diplomatic representative of the State whose flag the vessel is entitled to fly, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognized organizations responsible for the issue of the certificates shall also be notified. The facts concerning the intervention shall be reported to the Organization.

(5) If the port State authority concerned is unable to take steps as specified in paragraph (3) or if the vessel has been allowed to proceed to the next port of call, the port State authority concerned shall notify all relevant information about the vessel to the Party mentioned in paragraph (4) and to the authorities of the next port of call.

(6) When exercising control under this article, all possible efforts shall be made to avoid a vessel being unduly detained or delayed. If a vessel is thereby unduly detained or delayed, it shall be entitled to compensation for any loss or damage suffered.

(7) With respect to vessels of non-Parties to the present Protocol, Parties shall apply the requirements of the present Protocol as may be necessary to ensure that no more favourable treatment is given to such vessels.

Article 5

Force majeure

(1) A vessel which is not subject to the provisions of the present Protocol or which is not required to hold a certificate in accordance with the provisions of the present Protocol at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

(2) Persons who are on board a vessel by reason of force majeure or in consequence of the obligation to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to the vessel of any provisions of the present Protocol.

Article 6

Communication of information

(1) The Parties shall communicate to the Organization:

(a) the text of laws, orders, decrees, regulations and other instruments which have been promulgated on the various matters within the scope of the present Protocol;

(b) a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of vessels in accordance with the provisions of the present Protocol; and

(2) The Organization shall notify all Parties of the receipt of any communication under paragraph (1)(a) and shall circulate to them any information communicated to it under paragraphs (1)(b) and (1)(c).

Article 7

Casualties to fishing vessels

(1) Each Party shall arrange for an investigation of any casualty occurring to any of its vessels subject to the provisions of the present Protocol, when it judges that such an investigation may assist in determining what changes in the present Protocol might be desirable.

(2) Each Party shall supply the Organization with pertinent information concerning the findings of such investigations for circulation to all Parties. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the vessels concerned or in any manner fix or imply responsibility upon any vessel or person.

Article 8

Other treaties and interpretation

Nothing in the present Protocol shall prejudice the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

Article 9

Signature, ratification, acceptance, approval and accession

(1) The present Protocol shall remain open for signature at the Headquarters of the Organization from 1 July 1993 until 30 June 1994 and shall thereafter remain open for accession. All States may become Parties to the present Protocol by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(2) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.

(3) Each State which has either signed the present Protocol without reservation as to ratification, acceptance or approval or has deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with this article shall transmit to the Secretary-General, at the time of deposit of the above instrument and by the end of each year, information on the aggregate number of fishing vessels of 24 metres in length and over entitled to fly the flag of that State.

Article 10

Entry into force

(1) The present Protocol shall enter into force 12 months after the date on which not less than 15 States have either signed it without reservation as to ratification, acceptance or approval or have deposited the requisite instruments of ratification, acceptance, approval or accession in accordance with article 9, the aggregate number of whose fishing vessels of 24 metres in length and over is not less than 14,000.

(2) For States which have deposited an instrument of ratification, acceptance, approval or accession in respect of the present Protocol after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the present Protocol or three months after the date of deposit of the instrument, whichever is the later date.

(3) For States which have deposited an instrument of ratification, acceptance, approval or accession after the date on which the present Protocol entered into force, the present Protocol shall become effective three months after the date of deposit of the instrument.

(4) After the date on which an amendment to the present Protocol is deemed to have been accepted under article 11, any instrument of ratification, acceptance, approval or accession deposited shall apply to the present Protocol as amended.

Article 11

Amendments

(1) The present Protocol may be amended by either of the procedures specified in this article.

(2) Amendment after consideration within the Organization:

(a) Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization and to all the Parties at least six months prior to its consideration.

(b) Any amendment proposed and circulated as above shall be referred to the Maritime Safety Committee of the Organization for consideration.

(c) Parties whether or not Members of the Organization shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments.

(d) Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in paragraph (2)(c) (hereinafter referred to as "the expanded Maritime Safety Committee") on condition that at least one third of the Parties shall be present at the time of voting.

(e) Amendments adopted in accordance with paragraph (2)(d) shall be communicated by the Secretary-General to all the Parties.

(f) (i) An amendment to an article shall be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties.

(ii) An amendment to the annex shall be deemed to have been accepted:

(aa) at the end of two years from the date of adoption; or

(bb) at the end of a different period, which shall not be less than one year, if so determined at the time of its adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee.

However, if within the specified period either more than one third of the Parties or Parties the aggregate number of whose fishing vessels is not less than 65 per cent of the number of fishing vessels of 24 metres in length and over of all the Parties, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.

(g) (i) Anamendment to an article shall enter into force, with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted and, with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.

(ii) An amendment to the annex shall enter into force with respect to all Parties, except those which have objected to the amendment under paragraph (2)(f)(ii) and which have not withdrawn such objections, six months after the date on which it is deemed to have been accepted. However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee at the time of the adoption of the amendment.

(3) Amendment by a Conference:

(a) Upon the request of a Party concurred with by at least one third of the Parties, the Organization shall convene a conference of the Parties to consider amendments to the present Protocol.

(b) Every amendment adopted by such a conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance.

(c) Unless the Conference decides otherwise, the amendment shall be deemed to have been accepted and shall enter into force in accordance with the procedures specified in paragraphs (2)(f) and (2)(g) respectively, provided that references in those paragraphs to the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

(4) (a) A Party, which has accepted an amendment to the annex which has entered into force, shall not be obliged to extend the benefit of the present Protocol in respect of the certificates issued to a vessel entitled to fly the flag of a State the Government of which, pursuant to the provisions of paragraph (2)(f)(ii) of this article, has objected to the amendment and has not withdrawn such an objection, but only to the extent that such certificates relate to matters covered by the amendment in question.

(b) A Party, which has accepted an amendment to the annex which has entered into force, shall extend the benefit of the present Protocol in respect of certificates issued to a vessel entitled to fly the flag of a State the Government of which, pursuant to the provisions of paragraph (2)(g)(ii) of this article, has notified the Secretary-General of the Organization that it exempts itself from giving effect to the amendment.

(5) Unless expressly provided otherwise, any amendment to the present Protocol which relates to the structure of a vessel shall apply only to vessels for which, on or after the date of entry into force of the amendment:

(a) the keel is laid; or

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

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