1 PRESENTATION TO SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT 13 OCTOBER 2015 CONTENTS Purpose Background Motivation Strategic Focus of the Cabinet Memorandum SAs obligations Implementation Plan ID: 556045
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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
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PRESENTATION TO SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT
13 OCTOBER 2015Slide2
CONTENTSPurposeBackgroundMotivationStrategic Focus of the Cabinet Memorandum
SA’s obligations / Implementation PlanConsultationsOther Implications -Financial implications -Communications
-Constitutional Implications
-Security Implications
Recommendations
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PURPOSETo 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, 1996
3Slide4
BACKGROUNDIn 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 2012Slide5
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
MOTIVATIONSlide6
STRATEGIC FOCUS OF THE CAB MEMOChapter 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
industryThe 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.Slide7
SA’S OBLIGATION/ IMPLEMENTATION PLANSouth 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 RegulationsSlide8
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
CONSULTATIONSSlide9
Financial ImplicationsThe 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 IMPLICATIONSSlide10
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 , 1977Recommends 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
RECOMMENDATIONSSlide11
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