Chairperson, in introducing the Merchant Shipping (Safe Containers Convention) Bill, as the NCOP we need always to remind ourselves of our obligations and responsibilities as signatories to international conventions.
We are indeed an important world player politically and economically, and what goes with this status is our responsibility to ensure that agreements are not only upheld, but are also enforced. In the 1960s, there was an increase in the use of freight containers for the consignment of goods by sea and the development of specialised container ships.
In 1967, the International Maritime Organisation, IMO, undertook to study the safety of containerisation in marine transport. The container itself emerged as the most important aspect to be considered.
The IMO, in co-operation with the Economic Commission for Europe, developed a draft convention and in 1972 the finalised convention was adopted at a conference jointly convened by the United Nations and the IMO. The requirements of the convention apply to the great majority of freight containers used internationally, except those designed specially for carriage by air.
As it was not intended that all containers or reusable packing boxes should be affected, the scope of the convention is limited to containers of the prescribed minimum size, having corner fittings and devices that permit handling, securing or stacking. The convention was adopted on 2 December 1972, and came into force on 6 September 1977. There are currently 65 contracting parties to the convention. South Africa acceded to the convention on 25 June 1982. The convention came into force with respect to South Africa 12 months later, on 25 June 1983.
However, failure to implement the International Convention for Safe Containers Act, Act 11 of 1985, has resulted in South Africa not meeting its obligations as a contracting party, in particular the obligation under article 1 of the convention. The convention has two principal objectives.
The first objective is to maintain a high level of safety of human life in the transport and handling of containers by providing generally acceptable test procedures and related strength requirements that have proven adequate over the years.
The second objective is to facilitate international transport of containers by providing uniform international safety regulations equally applicable to all modes of surface transport. In this way the proliferation of divergent national safety regulations can be avoided. The requirements of the convention apply to the great majority of freight containers used internationally, except those designed specially for carriage by air.
The convention sets out procedures for the safety approval by the administration of a contracting state, or by an organisation acting on its behalf, of containers used in international transport. Approved containers are identified by a safety approval plate, which is affixed to the container under the authority of the administration. The safety approval plate contains relevant technical data about the container to which it is affixed.
The approval, as evidenced by the safety approval plate, granted under the authority of one contracting state should be recognised by other contracting states. This principle of reciprocal acceptance of safety- approved containers is the cornerstone of the convention, and once approved and plated it is expected that the containers will move in international transport with the minimum of safety control formalities.
Amendments to the convention were made in 1981, 1983, 1991 and 1993. The Bill gives effect to the convention, particularly South Africa's general obligations under article 1. It also repeals and replaces an earlier attempt to implement the convention in the form of the International Convention for Safe Containers Act of 1985. The Act has never been put into operation and therefore the Bill seeks to rectify that.
The Bill proposes to reassign functions related to the implementation and administration of the convention from the Minister of Trade and Industry to the Minister of Transport and the SA Maritime Safety Authority. This will ensure that the functions are assigned to the appropriate authorities who have the responsibility for transport and related safety matters.
Clause 5 of the Bill declares certain provisions of the convention to have the force of law, and clause 10 empowers the Minister of Transport to make regulations for carrying out and giving effect to the provisions of the convention. The regulations will, for example, establish requirements for the approval, maintenance, repair, inspection, detention and disposal of containers.
The text of the convention is set out in part 1 of the schedule to the Bill and incorporates several amendments to the convention, adopted in 1981, 1983 and 1991.
Part 2 of the schedule sets out the text of the amendments adopted in 1993, which have yet to enter into force. It is proposed that part 2 should enter into force only after the 1993 amendments have entered into force internationally, and after their acceptance by South Africa in accordance with Article 11 of the convention.
The administration and enforcement of the proposed measures are entrusted to the SA Maritime Safety Authority, which, in addition to the powers conferred on it by the commission, is empowered to designate inspectors - that is in clause 6 - to direct inquiries - that is in clause 9 - into certain accidents and incidents.
In conclusion, the Select Committee on Public Services places this Bill before the House for consideration.
Debate concluded