PRESENTATION TO PORTFOLIO COMMITTEE ON TRANSPORT 22 SEPTEMBER 2015 RATIFICATION OF THE CAPE TOWN AGREEMEMENT 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 PRESENTATION TO PORTFOLIO COMMITTEE ON TRANSPORT 22 SEPTEMBER 2015

CONTENTS Purpose Background Motivation Strategic Focus of the Cabinet Memorandum SA’s obligations / Implementation Plan Consultations Other Implications -Financial implications -Communications -Constitutional Implications -Security Implications Recommendations

PURPOSE To brief Portfolio Committee on Transport on the Ratification of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels , 1977 To request Portfolio Committee on Transport to recommend Ratification of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels , 1977 for tabling to Parliament in terms of section 231 (2) of the Constitution of the Republic of South Africa, 1996

BACKGROUND The fishing industry is considered to be the most dangerous occupation in the world and it is estimated that 24,000 fishers die annually. The Torremolinis Convention and its Protocol of 1993 lay down safety standards, such as life-saving appliances, radio communication, fire protection, machinery and electrical installations, as well as specific requirements for seagoing fishing vessels of 24 metres in length and over. Entry into force of the Torremolinis Convention was hindered by number of challenges hence the adoption of the Cape Town Agreement of 2012 The Cape Town Agreement aims at amending certain provisions of the Torremolinis Protocol that have given rise to difficulties in their implementation by a number of States having substantial fishing fleets.

MOTIVATION Fishing at sea remains a hazardous occupation and the sector experiences a large number of fatalities every year and bringing into force a binding international safety regime is expected to play a part in helping to improve safety standards and reduce the loss of life. The aim of the new Agreement is to address these issues. In ratifying the Cape Town Agreement, Parties agree to amendments to the provisions of the 1993 Protocol, so that they can come into force as soon as possible thereafter. South Africa is a member of IMO Council and it continues to actively participate in its work and Committees. By virtue of its position as a Member of the Council it should support its work by ratifying its Conventions.

STRATEGIC FOCUS OF THE CAB MEMO Chapter 6 of the National Development Plan acknowledges that marine fisheries are an important sector for subsistence and employment. The Plan further recommends a review of fisheries policies laws and regulations essential for the promotion of safety and health in the fishing industry The provisions of The Cape Town Agreement is in line with Operation Phakisa’s objectives that of developing an institutional framework for the management of South Africa’s ocean space, improving the protection of South Africa’s oceans particularly around critically endangered ecosystems, and addressing the skills gap, among others. South Africa needs to ratify The Cape Town Agreement of 2012 on the Implementation of the provisions of the Torremolinis Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977.

SA’S OBLIGATION/ IMPLEMENTATION PLAN South Africa‘s fishing vessels will be subjected to the provisions of the protocol when in the waters of a State Party to 1993 Torremolinis Protocol and as a Fishing Nation it needs to comply with those provisions. Laws and regulations essential for the promotion of safety and health in the fishing industry are only of value if implemented. The South African Maritime Safety Authority (SAMSA) has developed policies and procedures for the survey of fishing vessels in line with the draft Regulations. The fishing industry has been consulted widely and they were also involved in the drafting and adopting of the Regulations

CONSULTATIONS The Agreement was submitted to State Law Advisers of Department of Justice and Constitutional Development and the Department of International Relations and Cooperation they both support of the ratification of the Agreement. Industry stakeholders, through road shows, indabas, to individuals, communities and companies concerned have been made aware of the implications of the proposed legislation. Department of Agriculture, Fisheries, Forestry participated during the developments leading to the Diplomatic Conference and fully supported the Agreement. South Africa hosted the Diplomatic Conference in 2012 where the Cape Town Agreement was adopted and the following Departments and Organisations participated, South African Maritime Safety Authority, Transnet National Ports Authority, Department of Defence ( Navy) , Department of International Relations and Cooperation and Department of Agriculture , Forestry and Fisheries.

OTHER IMPLICATIONS Financial Implications -The Cape Town Agreement will not impose any additional financial burden to the State as the function of developing procedures and survey of fishing vessels falls with the mandate of South African Maritime Safety Communication Implications -The Department of International Relations and Co-operation shall facilitate the process of depositing the instrument of ratification with Secretary-General of The International Maritime Organisation (IMO) upon approval of ratification by Parliament. Security Implications - There will be no security implications

RECOMMENDATIONS It is recommended that Portfolio Committee on Transport: Supports ratification of the Ratification of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels , 1977 Recommends that the Ratification of the Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels , 1977

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