RATIFICATION OF THE 1991 FAL AMENDMENTS TO THE CONVENTION by fsd65350

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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
               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
           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.
   INTRODUCTION ( continued)



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
          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
        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
    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
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)



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
      CONSTITUTIONAL
       IMPLICATIONS

Parliamentary approval should be obtained for ratification
OBLIGATIONS TO THE DEPARTMENT
         OF TRANSPORT


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

								
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