A PRESENTATION TO THE SELECT COMMITTEE OF PUBLIC SERVICES 13 FEBRUARY 2008 BY KAREN NAIDOO DIRECTOR: MARITIME INDUSTRY DEVELOPMENT, MULTILATERALS AND ENVIRONMENT DEPARTMENT OF TRANSPORT RATIFICATION OF THE 1991 FAL AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, 1948

OUTLINE 1.INTRODUCTION 2.DISCUSSION 3.OBJECTIVES OF FAL CONVENTION 4.SUMMARY OF THE FAL CONVENTION 5.MOTIVATION 6.IMPLEMENTATION 7.CONSTITUTIONAL IMPLICATIONS 8.OBLIGATIONS OF THE DEPARTMENT OF TRANSPORT

IMO is a specialized agency of the United Nations, consisting of an Assembly, a Council and five main Committees. These are: Maritime Safety Committee; Marine Environment Protection Committee; Legal Committee; Technical Co-operation Committee; and Facilitation Committee. INTRODUCTION

South Africa has been a member of the IMO since 1995 South Africa’s active involvement in the IMO affairs including the Sub-Saharan Africa saw its re-election to the IMO Council during the Assembly in December 2007 Unlike the other four Committees, which are institutionalized by virtue of Article 11 of the IMO Convention, the Facilitation Committee continues to function as a subsidiary body of the Council, having done so since its inception in May 1972 INTRODUCTION ( continued)

In November 1991 the Assembly adopted, by resolution A. 724 (17) amendments to the Convention providing for the institutionalization of the Facilitation Committee This is achieved by the amendment of Articles 11,15,21,25,47, 51,56 and 57,and by consequential modification of other several articles The amendments are now open for acceptance in accordance with Article 68 of the Convention At least two-thirds of IMO Member States must accept the amendments before they can enter into force DISCUSSION

OBJECTIVES OF FAL CONVENTION he Convention's main objectives are: The Convention's main objectives are: To prevent unnecessary delays in maritime traffic; To aid co-operation between Governments; To secure the highest practicable degree of uniformity in formalities and other procedures; In particular, the Convention reduces to just eight the number of declarations which can be required by public authorities

SUMMARY OF THE FAL CONVENTION The Facilitation Committee was established to deal with IMO’s work relating to the elimination of unnecessary formalities and procedures in international maritime transport concentrates on ensuring the proper functioning of the Convention on Facilitation of International Maritime Traffic, 1956 The work of the Committee concentrates on ensuring the proper functioning of the Convention on Facilitation of International Maritime Traffic, 1956

SUMMARY OF THE FAL CONVENTION ( Continued) In its Annex, the Convention contains "Standards" and "Recommended Practices" on formalities, documentary requirements and procedures which should be applied on arrival, stay and departure to the ship itself, and to its crew, passengers, baggage and cargo The Convention defines standards as internationally-agreed measures which are "necessary and practicable in order to facilitate international maritime traffic" and recommended practices as measures the application of which is "desirable

MOTIVATION South Africa is a member of the IMO Council and taking into account its position on the Council, and the leadership role that it is expected to fulfill by virtue of the position, it is the considered opinion of the Department of Transport that the proposed acceptance of the 1991 Amendments is in the national interest and deserving of favorable consideration

IMPLEMENTATION The amendments introduced by Resolution A.724(17) are formal in nature and are intended merely to integrate the Facilitation Committee into the existing institutional framework established by the Convention Acceptance to the Amendments requires Port State Control (PSC) (is the inspection of foreign ships in national ports to verify that the condition of the ship and its equipment comply with the requirements of international regulations and that the ship is manned and operated in compliance with these rules), and the afore-mentioned responsibility is already carried by South African Maritime Safety Authority when performing their function of Port State Control

IMPLEMENTATION ( Continued)

Parliamentary approval should be obtained for ratification CONSTITUTIONAL IMPLICATIONS

Deposit instrument of ratification with IMO Secretary- General Participate at Facilitation Committee meeting Participate at Facilitation Committee meeting OBLIGATIONS TO THE DEPARTMENT OF TRANSPORT