RATIFICATION OF THE 1991 FAL AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL MARITIME ORGANIZATION, 1948

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RATIFICATION OF THE 1991 FAL AMENDMENTS TO THE
CONVENTION ON THE INTERNATIONAL MARITIME
ORGANIZATION, 1948
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

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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

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INTRODUCTION

• 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.

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INTRODUCTION ( continued)

• South Africa has been a member of the IMO since
  1995
• South Africas 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

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DISCUSSION

• 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

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OBJECTIVES OF FAL CONVENTION

• 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

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SUMMARY OF THE FAL CONVENTION

• The Facilitation Committee was established to
  deal with IMOs work relating to the elimination
  of unnecessary formalities and procedures in
  international maritime transport
• The work of the Committee concentrates on
  ensuring the proper functioning of the Convention
  on Facilitation of International Maritime
  Traffic, 1956

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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

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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

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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

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IMPLEMENTATION ( Continued)

• 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

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CONSTITUTIONAL IMPLICATIONS

• Parliamentary approval should be obtained for
  ratification

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OBLIGATIONS TO THE DEPARTMENT OF TRANSPORT

• Deposit instrument of ratification with IMO
  Secretary-General
• Participate at Facilitation Committee meeting

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THANK YOU