RATIFICATION OF NAIROBI INTERNATIONAL CONVENTION ON REMOVAL OF WRECKS ,2007 PRESENTATION TO PORTFOLIO COMMITTEE OF TRANSPORT 23 SEPTEMBER 2014.

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Presentation transcript:

RATIFICATION OF NAIROBI INTERNATIONAL CONVENTION ON REMOVAL OF WRECKS ,2007 PRESENTATION TO PORTFOLIO COMMITTEE OF TRANSPORT 23 SEPTEMBER 2014

OVERVIEW PURPOSE BRIEF INTRODUCTION OF IMO ADOPTION OF THE CONVENTION ARTICLES OF THE CONVENTION PROVISIONS OF INTEREST TO SA CONSULTATION IMPLEMENTING THE CONVENTION

PURPOSE To brief the Portfolio Committee on Transport : of the intention of SA to ratification the Nairobi International Convention on Removal of Wrecks,2007 to request Portfolio Committee to recommend tabling of the Convention to Parliament to note the content of the presentation

SA MEMBERSHIP TO IMO IMO is UN Body that deals with maritime affairs in terms of safety, security and marine environment protection. SA has been a member of IMO since 1995 It is member of the IMO Council Participates at its Technical Committee meetings SA is a party and signatory to number of IMO key conventions and treaties.

ADOPTION OF THE CONVENTION The need for a convention to regulate removal of wrecks outside territorial waters dates back to 1974 ( “wreck” means a sunk stranded ship or part of it, and objects that is or was on board and derelict ship provided that it is not under salvage assistance) A need to set a uniform rule to deal with wrecks was raised at IMO Legal Committee and it took years to be developed The 92nd session of the Legal Committee approved draft Wreck Removal Convention which was later adopeted a Diplomatic Conference in Nairobi in May 2007. South Africa also participated in the Diplomatic Conference and it was one of the States that also signed the Convention

ARTICLES OF THE CONVENTION The key areas of in the Conventions are: Article 1 to 5: Standard articles of Conventions Article 6: Determination of hazard Article 7 and 8: Locating and marking of Wrecks Article 8: Measures to facilitate the removal of wrecks Article 10 and 11: Liability of the owner and Exceptions to liability Article 12: Compulsory insurance

PROVISIONS OF INTERESTS TO SA The Convention clarifies international rules on right and obligations of State and shipowners in dealing with wrecks It gives the Coastal State the right to request the owner to remove wrecks from its EEZ ( Economic Exclusive Zone) It puts strict liability of marking and reporting of wrecks to ship-owners It imposes compulsory financial security to shipowners

CONSULTATION PROCESS Convention was send for scrutiny to Dept of Justice and DIRCO State Law Advisers Legal opinion was received and both State Law advisers supported ratification SAMSA, TNPA, MLA (Maritime Law Association, ASABOSA-ASL (Association of Shipping Lines, Smit Amandla Marine, International Fund for Animal Welfare, Department of Environmental Affairs

CONSULTATION PROCESS Cont Ministerial approval of the Cabinet memorandum was granted The Convention was also presented to ICTS Cluster The Convention was also presented to Cabinet Both Cluster and Cabinet supported the ratification of the Convention

IMPLEMENTING THE PROVISIONS OF THE CONVENTION SAMSA is the implementing agency with regards to enforcement of this convention In carrying its function of Port State Control SAMSA will check certificate of insurance and all requirements as per the convention SA upon ratification will ensure that domestic legislation is in place to enforce the convention

OTHER IMPLICATIONS Financial Implications: The Convention will not impose any additional financial implications to the State. The provisions of the Convention will be enforced by South African Maritime Authority and they have the ability and capability to carry out this function.b Communication Implications: Article 20 of the Convention requires that the State shall deposit the instrument of ratification with Secretary- General of International Maritime Organisation (IMO).

ENTRY INTO FORCE The convention shall come into effect after 12 months after the date that which 10 States have deposited the instrument of acceptance and ratification with IMO Secretary-General Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force

RECOMMENDATIONS Portfolio Committee on Transport to: Approve the Convention to be tabled in Parliament To note the content of the presentation

Thank you