L 106/4 Official Journal of the European Union 9.4.2014 COUNCIL DECISION of 17 February 2014 authorising Member States to sign, ratify or accede to the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremo- linos International Convention for the Safety of Fishing Vessels, 1977 (Text with EEA relevance) (2014/195/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof, in conjunction with Article 218(5), Article 218(6)(a)(v) and the first subparagraph of Article 218(8) thereof, Having regard to the proposal from the European Commission, Having regard to the consent of the European Parliament, Whereas: (1) It is necessary that action by the Union in the sector of maritime transport aim to improve maritime safety. (2)  The Torremolinos Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (the ‘Torremolinos Protocol’) was adopted on 2 April 1993. (3)  Council Directive 97/70/EC (*) lays down safety standards, based on the Torremolinos Protocol, for fishing vessels of 24 metres in length and over while taking, as far as necessary, full account of regional and local circumstances. (4)  The Torremolinos Protocol has not entered into force because the necessary minimum requirements in terms of ratification have not been achieved. (5)  In order to establish, by common accord and under the auspices of the International Maritime Organisation (IMO), the highest practicable standards for the safety of fishing vessels that can be implemented by all the States concerned, the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 (‘the Agreement) was adopted on 11 October 2012. The Agreement is open for signature from 11 February 2013 to 10 February 2014, and thereafter remains open for accession. (6)  The provisions of the Agreement fall under the exclusive competence of the Union concerning the safety regime of fishing vessels of 24 metres in length and over. (7)  The Union cannot become a party to the Agreement, as only states can be parties thereto. (8) It is in the interests of maritime safety and fair competition that the Agreement be ratified or acceded to by Member States having fishing vessels flying their flag which fall within the scope of application of the Agreement, and which operate in their internal waters or territorial sea, or which land catch in their port, to ensure the entry into force of the provisions of the Torremolinos Protocol. Furthermore, the entry into force of the Agreement will allow the subsequent updating, through submissions to the IMO, of a number of provisions in the Torremo- linos Protocol which have become obsolete following the adoption of Directive 97/70/EC. (1) Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJL 34,9.2.1998,p. 1).