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, PRESENTATION TO SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT 13 OCTOBER 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 2

PURPOSE  To brief Select Committee on Economic and Business Development 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 Select Committee on Economic Business and Development to recommend 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 for tabling to Parliament in terms of section 231 (2) of the Constitution of the Republic of South Africa,

BACKGROUND  In 1977 the International Maritime Organization (IMO) produced the first mandatory safety standard for fishing vessels, the SOLAS of the fishing sector.  By 1993 it was recognized that for various reasons insufficient member States had acceded to the Convention to allow it to enter into force and the original text was modified and became known as the 1993 Torremolinos Protocol.  Again insufficient member States had acceded to the 1993 Torremolinos Protocol and in 2008 a further attempt was commenced to address the issues that had led to the non-entry into force of the 1993 Torremolinos Protocol.  South Africa has been chairing the IMO working group on fishing vessel safety since 2005 and was tasked to identify the legal and technical issues that had led to the non-entry into force of the 1993 Torremolinos Protocol.  This led to South Africa hosting a Diplomatic Conference in October 2012 that was considering the adoption of an agreement. This led to the adoption of the Cape Town Agreement of 2012

 In terms of the Constitution of South Africa, 1996, international regulations cannot be enforced locally unless they are translated into national laws. Therefore, South Africa needs to ratify the Cape Town Agreement of 2012 and translate them into domestic legislation for enforcement.  The Convention shall apply to all seagoing vessels of 24 metres in length and over. Cape Town Agreement aims at bringing into force a binding international safety regime which is expected to play a part in helping to improve safety standards and reduce the loss of life.  Even if South Africa is not a State Party to the 1993 Torremolinos Protocol, its vessels will still be subjected to the provisions of the protocol when in the waters of a State Party to 1993 Torremolinos Protocol MOTIVATION

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

 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.  The following organisations and Department were also consulted namely South African Maritime Safety Authority, Transnet National Ports Authority, Department of Defence ( Navy),Department of Environmental Affairs, Department of Trade and Industry CONSULTATIONS

Financial Implications The Cape Town Agreement bring about additional financial implications to the State as SAMSA will need to develop procedures and survey the fishing vessels. 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 The Navy was consulted on the Agreement and they indicated that the will be no Security Implications OTHER IMPLICATIONS

It is recommended that Select Committee on Economic and Business Development :  Supports ratification 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 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 RECOMMENDATIONS

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