Key data
| Regulation | Instrument of accession to the Cape Town Agreement of 2012 on the implementation of the provisions of the Torremolinos Protocol of 1993 |
|---|---|
| Publication | May 15, 2026 |
| Entry into force | Not specified |
| Affected parties | Shipowners, fishing companies and crews of fishing vessels over 24 meters operating in international waters |
| Category | Agriculture and Fisheries |
| BOE Reference | BOE-A-2026-10511 |
| Base Agreement | Cape Town Agreement, made on October 11, 2012 |
| Reference Protocol | Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977 |
Spanish fishing fleet companies and vessel owners with fishing vessels over 24 meters in length have new international safety obligations. Spain has formalized its accession to the Cape Town Agreement of 2012, published in the BOE on May 15, 2026 with reference BOE-A-2026-10511, which makes the technical and safety requirements established in that international agreement mandatory for the Spanish fleet.
This agreement implements the Torremolinos Protocol of 1993, which in turn updated the International Convention for the Safety of Fishing Vessels of 1977. The accession is not a minor administrative procedure: it implies additional inspections, adaptation costs and, in case of non-compliance, the risk that vessels may be blocked in ports of signatory countries.
What does this regulation establish?
The Cape Town Agreement of 2012 sets mandatory technical and safety requirements for fishing vessels over 24 meters operating in international waters. The five blocks of requirements are:
| Compliance area | Description |
|---|---|
| Stability | Technical requirements on the structural and navigational stability of the vessel |
| Construction | Naval construction standards in accordance with the criteria of the international agreement |
| Lifesaving equipment | Mandatory provision of approved lifesaving equipment in operational condition |
| Communications | On-board communication systems that comply with international standards |
| Crew training | Training and qualification requirements for on-board personnel |
Spain's accession also strengthens its position in international maritime bodies, although the most immediate impact for companies is operational and economic.
Economic and operational impact
Accession to the agreement has direct consequences on the operations and costs of fishing companies with deep-sea fleets:
- Adaptation costs: Vessels that do not already comply with the agreement's standards in stability, construction, lifesaving equipment, communications or crew training will need to invest in the necessary adaptations. The specific amount will depend on the current condition of each vessel and is not uniformly set by the regulation.
- Additional inspections: Accession may involve additional inspections to verify compliance with international standards.
- Risk of port access restriction: Non-compliance may result in vessels being blocked in ports of signatory countries. For fleets operating in international fishing grounds, this can translate into significant operational losses.
- Competitive position: Accession may open or consolidate access to ports of signatory countries where the Spanish fleet previously had less favorable conditions.
Who does it affect?
The regulation directly affects:
- Shipowning companies with fishing vessels over 24 meters in length operating in international waters
- Fishing fleet owner companies of deep-sea vessels with the same size and operating area characteristics
- Crews of such vessels, who must comply with the training requirements established by the agreement
- Fleet managers and directors responsible for regulatory compliance and inspections
- CFOs and financial managers of fishing companies who must budget for adaptation costs
Fishing vessels operating exclusively in national waters or with a length of less than 24 meters are not directly affected by this international agreement.
Practical example
A Galician shipowning company operates three fishing vessels of 30 meters in length in the North Atlantic and the Indian Ocean. With Spain's accession to the Cape Town Agreement, those three vessels are subject to the international standards of the agreement in the five areas: stability, construction, lifesaving equipment, communications and crew training.
If an inspection in a port of a signatory country detects that lifesaving equipment does not comply with the agreement's standards or that part of the crew does not have the required training, the vessel may be detained in that port until the deficiencies are remedied. For a deep-sea vessel, each day of forced inactivity represents direct operational losses in addition to repair or urgent training costs.
The most cost-effective decision for this company is to conduct an internal compliance audit before an official inspection occurs, identify gaps in each of the five blocks of the agreement, and plan adaptation investments in an orderly manner.
What should companies do now?
- Identify which vessels are affected: Review your own fleet and determine which ones have more than 24 meters in length and operate in international waters. Only those are subject to the agreement.
- Conduct a compliance audit per vessel: Evaluate the current condition of each affected vessel in the five blocks of the agreement: stability, construction, lifesaving equipment, communications and crew training.
- Detect gaps and prioritize investments: Identify which areas do not comply with the standards and estimate adaptation costs. Prioritize those that pose the greatest operational risk in case of inspection.
- Plan crew training: Verify that on-board personnel comply with the agreement's training requirements and organize the necessary training for those who do not meet them.
- Consult with the Spanish maritime authority: Contact the Directorate General of the Merchant Marine to obtain guidance on the inspection schedule and compliance verification procedures resulting from accession.
- Monitor the entry into force date: The effective date of application has not been specified. It is essential to follow updates in the official BOE to know when the obligations are fully activated.
Frequently asked questions
Which fishing vessels does the Cape Town Agreement 2012 affect in Spain?
It affects fishing vessels of more than 24 meters in length operating in international waters. Shipowning companies and owners of fleets of that size are directly obligated to comply with the new international safety standards.
What technical requirements does the Cape Town Agreement impose on fishing vessels?
The agreement establishes mandatory requirements in five areas: vessel stability, construction, lifesaving equipment, communication systems and crew training. All must be complied with according to the international standards of the agreement.
What happens if a fishing vessel does not comply with the Cape Town Agreement standards?
Non-compliance can result in the vessel being detained or blocked in ports of signatory countries until the deficiencies are remedied. For fishing companies operating in international waters, this can mean significant operational and financial losses. Additionally, the vessel may face restrictions on access to certain ports or fishing grounds.
When does the Cape Town Agreement 2012 come into force in Spain?
The specific entry into force date has not been specified in the publication. Companies should monitor the official BOE for updates on when the obligations become fully effective and any transitional periods that may be established.
Does the agreement apply to all fishing vessels or only certain types?
The agreement applies specifically to fishing vessels of more than 24 meters in length that operate in international waters. Smaller vessels or those operating exclusively in national waters are not subject to these requirements.
What is the Torremolinos Protocol of 1993 and how does it relate to the Cape Town Agreement?
The Torremolinos Protocol of 1993 is an international instrument that updated the International Convention for the Safety of Fishing Vessels of 1977. The Cape Town Agreement of 2012 is a mechanism to facilitate the implementation and enforcement of the Torremolinos Protocol, making it more practical for countries to adopt and apply its standards.
Disclaimer: This article provides general information about the Cape Town Agreement 2012 and its implications for Spanish fishing companies. It is not legal advice. Companies should consult with maritime law specialists and the Spanish maritime authorities for specific guidance on their compliance obligations and the timeline for implementation. The information is based on the publication in the BOE on May 15, 2026, and may be subject to updates or clarifications as the agreement is implemented.