EXPLANATORY MEMORANDUM OF THE RATIFICATION OF THE INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI­FOULING SYSTEMS ON SHIPS

1. PURPOSE

The purpose of this memorandum is to request the Cabinet to approve the ratification of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships.

2. HISTORY

IMO is a specialized UN Agency with 167 member states dealing with technical matters that are concerned with shipping. South Africa has been a member of the IMO since 1995 and is also a member of the Council of the IMO. In accordance with the decision of the IMO Council, the International Conference on the Control of Harmful Anti-Fouling Systems for Ships, 2001, was convened by the IMO from 1 to 5 October 2001. The Conference adopted the. International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS Convention).

3. OBJECTIVES AND IMPLICATIONS

The main aim of the Convention is to control the use of anti-fouling systems on ships. An Anti-fouling system means a coating, paint, surface treatment, surface or device that is used on a ship to control or prevent attachment of unwanted organisms. Scientific studies indicate that certain anti-fouling systems used on ships pose a substantial risk of toxicity and other chronic impacts to ecologically and economically important marine organisms. Human health may also be harmed as a result of consuming the affected seafood. The purpose of the Convention is to prohibit and "Or restrict the application, re-application, installation, or use of harmful anti-fouling systems on ships (ships entitled to fly the flag of a

Party and ships not entitled to fly the flag of a Party, but which operate under the authority of a Party; and to prohibit and restrict the application, re-application, installation or use of such systems, whilst in a party's port, ship yard, or offshore terminal (ships that enter a port, ship yard or offshore terminal of a party)

4. SELF-EXECUTING PROVISIONS OF THE CONVENTION

Ratification of this Convention requires a Member State Port State Control (PSC) .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. This is already carried by South African Maritime Safety Authority when performing their function of Port State Control.

5. CONSULTATION

The Department of Justice and Constitutional Development was consulted for consistency of the Convention with domestic law. The Department of Foreign Affairs was consulted consistency of the Convention with International Law. Other organizations consulted include SAM SA, Association of Ships' Agents and Brokers of Southern Africa (ASABOSA), Association of Shipping Lines (ASL), Maritime Law Society and the National Port Users Forum.

6. FINANCIAL IMPLICATIONS FOR THE STATE

There are no additional financial implications that will arise out of the implementation of this instrument.

7. CONCLUSION

Having regard, inter alia, to South Africa's position on the Council, and the leadership role that it is expected to fulfill by virtue of that position, it is the considered opinion of the Department of Transport that the ratification of the International Convention On The Control Of Harmful Anti-Fouling Systems On Ships is in the national interest and deserving of favourable consideration. IMO has sought to encourage Member States; especially those with seats on the Council to ratify Conventions and this will also reinforce South Africa’ position during the lobbying process for the Re-Election in Category C of the IMO Council to be held in November 2007. During the IMO Secretary -General visit to South Africa early this year South Africa was urged to ratify this Convention and other environmental Conventions.