ISSN: 0377-452X
REPORT OF MEETING
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
Nuku’alofa, Tonga, 14 May 2009
Secretariat of the Pacific Community Suva, Fiji 2009
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
Report compiled by the Regional Maritime Programme of the Secretariat of the Pacific Community
Secretariat of the Pacific Community Suva, Fiji 2009
ii
© Copyright Secretariat of the Pacific Community (SPC), 2009
All rights for commercial / for profit reproduction or translation, in any form, reserved. SPC authorizes the partial reproduction or translation of this material for scientific, educational or research purposes, provided that SPC and the source document are properly acknowledged. Permission to reproduce the document and/or translate in whole, in any form, whether for commercial / for profit or non‐profit purposes, must be requested in writing. Original SPC artwork may not be altered or separately published without permission.
Original text: English
Secretariat of the Pacific Community Cataloguing‐in‐publication data
Regional meeting of ministers for maritime transport (2nd : 14 May 2009 : Nuku’alofa, Tonga) / compiled by the Regional Maritime Programme of the Secretariat of the Pacific Community
(Report of Meeting (Technical) / Secretariat of the Pacific Community) ISSN: 0377‐452X
1. Shipping — Oceania — Congresses. 2. Shipping — Economic aspects — Oceania — Congresses. 3. Maritime law — Oceania — Congresses.
I. Title II. Secretariat of the Pacific Community III. Series
387.50995 AACR2
ISBN: 978‐982‐00‐0349‐1
iii
Table of Contents
Provisional agenda ...... v Summary of proceedings ...... 1 Prayer and welcome ...... 1 Opening address ...... 1 Status of progress against Ministerial Communiqué 2007 ...... 1 Agenda item 1: regional maritime issues ...... 1 Agenda item 2: trade issues ...... 2 Agenda item 3: seafarer employment ...... 2 Agenda item 4: shipping issues ...... 3 Agenda item 5: maritime legal issues ...... 3 Agenda item 6: maritime administration issues ...... 4 Agenda item 7: maritime training issues...... 4 Agenda item 8: port issues ...... 4 Agenda item 9: women in maritime ...... 5 Agenda item 10: SPC’s Transport Directorate ...... 5 Agenda item 11: TARDIS seafarer certificate printing ...... 5 Ministerial Communiqué 2009 ...... 6
Annex 1 List of participants…………………………………………………………………..7 Annex 2 Opening speech by Lord Tuita ……………………………………………………..11 Annex 3 Welcome remarks by SPC ………………………………………………………… 13 Annex 4 Status of progress against Ministerial Communiqué 2007………………………… 16 Annex 5 Paper on regional issues……………………………………………………………. 20 Annex 6 Paper on trade issues……………………………………………………………….. 25 Annex 7 Paper on seafarer employment …………………………………………………….. 27 Annex 8 Paper on shipping issues…………………………………………………………… 29 Annex 9 Paper on maritime legal issues……………………………………………………... 31 Annex 10 Paper on maritime administration issues……………………………………………36 Annex 11 Paper on maritime training issues…………………………………………………...39 Annex 12 Paper on port issues ………………………………………………………………...42 Annex 13 Paper on women in maritime ……………………………………………………….47 Annex 14 Paper on SPC’s Transport Directorate …………………………………………….. 48 Annex 15 Paper on TARDIS Seafarer certificate printing …………………………………… 51 Annex 16 Ministerial Communiqué 2009 ……………………………………………………. 54
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ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Fa’onelua Convention Centre, Nuku’alofa, Tonga, 14 May 2009)
PROVISIONAL AGENDA STEERING A SAFE COURSE THROUGH STORMY SEAS THURSDAY, 14 MAY 2009 0800 – 0845 Registration Secretariat All delegates are requested to be seated 0845 – 0850 Arrival of HRH Princess Salote Mafile’o Pilolevu Tuita (Princess Royal) 0850 – 0855 Tonga National Anthem Opening Prayer – Acting President/Royal Chaplain 0855 – 0905 Reverend Dr ‘Ahio (Free Wesleyan Church of Tonga)
Hon Minister for Transport 0905 – 0915 Word of Welcome by the Chairman Paul Karalus
Hon. Minister for Lands, Surveys, Environment 0915 – 0930 Official Opening Address & Natural Resources, Lord Tuita 0930 – 1000 Official Photo Session & Morning Tea
1000 – 1005 Adoption of agenda Status of Progress against Ministerial Communiqué 1005 – 1015 Secretariat 2007 AGENDA 1015 – 1030 Regional Maritime Issues Secretariat ITEM 1 AGEND 1030 – 1045 Trade Issues Secretariat ITEM 2 AGENDA 1045 – 1100 Seafarer Employment Secretariat ITEM 3 AGENDA 1100 – 1115 Shipping Issues Secretariat ITEM 4 AGENDA 1115 – 1130 Maritime Legal Issues PIMLA ITEM 5 AGENDA 1130 – 1145 Maritime Administration Issues PacMA ITEM 6 AGENDA 1145 – 1200 Maritime Training Issues PacMA ITEM 7 AGENDA 1200 – 1215 Port Issues PCPA ITEM 8 AGENDA 1215 – 1230 Women in Maritime Secretariat ITEM 9 AGENDA 1230 – 1245 SPC’s Transport Directorate Secretariat ITEM 10 AGENDA 1245 – 1300 TARDIS Seafarer Certificate Printing Secretariat ITEM 11 1300 – 1400 Lunch 1400 – 1430 Communiqué finalised and signed Honorable Ministers
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SECRETARIAT OF THE PACIFIC COMMUNITY
Second Meeting of Ministers for Maritime Transport (Nuku’alofa, Tonga, 14 May 2009)
SUMMARY OF PROCEEDINGS
The Second Regional Meeting of Ministers for Maritime Transport was held at the Fa’onelua Convention Centre in Nuku’alofa, Tonga on 14 May 2009 and was attended by Ministers responsible for Maritime Transport from Cook Islands, Fiji, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga and Tuvalu. The Federated States of Micronesia, French Polynesia, Vanuatu, Australia, New Zealand and the United States of America were represented by their respective Government nominees.
Also attending the formal session as observers were the Pacific Islands Forum Secretariat (PIFS), the United States Coast Guard and members of the regional maritime associations.
The meeting was organised by SPC’s Regional Maritime Programme (RMP) in conjunction with the Tonga Ministry of Transport.
The list of participants is attached as Annex 1.
PRAYER AND WELCOME HRH Princess Salote Mafile’o Pilolevu Tuita (Princess Royal) of Tonga attended the opening session of the meeting. The Chairperson for the meeting was Tonga’s Minister for Transport, Honourable Paul Karalus, who extended a warm welcome to the Transport Ministers and delegates. The opening prayer was led by Reverend Dr ‘Ahio, the acting President/Royal Chaplain of Free Wesleyan Church of Tonga. The opening ceremony concluded with the singing of the Tongan National Anthem.
OPENING ADDRESS The opening address was delivered by Honourable Lord Tuita, Tonga’s Minister for Lands, Surveys, Environment and Natural Resources and the acting Prime Minister at that time. The full address is attached as Annex 2. Opening remarks from the Secretariat of the Pacific Community was delivered by Captain John Hogan (Manager of SPC RMP) on behalf of Dr Jimmie Rodgers, the Director General of SPC. The speech is attached as Annex 3.
STATUS OF PROGRESS AGAINST MINISTERIAL COMMUNIQUÉ 2007 SPC RMP presented an overview of the work that been undertaken over the last two years to progress the recommendations of the 2007 Ministerial Communiqué that resulted from the First Regional Meeting of the Ministers for Maritime Transport that was held in Apia, Samoa in 2007. SPC was commended for being thorough in their delivery of implementation covering a wide breadth of maritime issues impacting the Pacific maritime sector. A matrix of achievements is attached as Annex 4.
AGENDA ITEM 1: REGIONAL MARITIME ISSUES Under this agenda item, the Ministers of Maritime Transport were invited to:
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a) Note the impacts of the current global economic climate on the region’s shipping industry; b) Endorse the current work being undertaken by SPC RMP on intra‐regional trade and commodity mapping within the Pacific Islands region; c) Consider that intra‐regional trade agreements need to be negotiated with regional transportation routes, licencing and frequency of ship calls at the forefront; d) Endorse the Pacific Islands regional audit regime that continues to provide an effective monitoring and compliance system for Pacific ports which cater for all international vessels, including cruise ships; e) Ensure that port facilities in the region have adequate infrastructure and systems in place to cater for the increased number of visits by cruise vessels; f) Endorse that despite the current difficult global economic climate, the effective delivery of a safe, secure and clean maritime environment, as overseen by each country’s maritime administration, remains paramount; g) Endorse the work currently being jointly undertaken by SPC RMP and OCO; and h) Support the implementation of regional economic cooperation agreements among PICTs.
The full paper is attached is Annex 5.
AGENDA ITEM 2: TRADE ISSUES Under this agenda item, the Ministers of Maritime Transport were invited to: a.) Support further development of systems to implement the FAL Convention with standardisation of clearance papers for ships that arrive from overseas ports; and b.) Encourage other Pacific countries to conduct their own risk assessment and be part of the FAL Convention for ease of trading in Pacific Island Countries.
The full paper is attached is Annex 6.
AGENDA ITEM 3: SEAFARER EMPLOYMENT Under this agenda item, the Ministers of Maritime Transport were invited to: a) Note the progress that SPC RMP was making to collate and analyse integrated data and information on MTIs and seafarers from PICTs; b) Endorse the move towards centralising at SPC RMP the printing of PICT tamper‐proof seafarer certificates utilising TARDIS technology; c) Support the efforts made to maintain IMO “white list” status and for MTIs to adequately train seafarers for international employment; d) Recognise that there was a need to expand the regional integrated databases to incorporate the ILO seafarer ID system once Convention 185 entered into force; and e) Endorse the regional sharing of data and information on seafarer employment that could be utilised for planning or marketing purposes.
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The full paper is attached is Annex 7.
AGENDA ITEM 4: SHIPPING ISSUES Under this agenda item, the Ministers of Maritime Transport were invited to: a) Note the work being undertaken by SPC and PIFS to improve SIS feeder shipping services in the region; b) Recognise the SIS Ministerial Communiqué signed by Tuvalu, Kiribati, RMI and Nauru at the SIS Ministerial Meeting in February 2009; c) Recognise the feeder shipping service agreement currently in place between KSSL and the Governments of Tuvalu, Kiribati and Nauru signed on 13 May 2009. d) Approve SPC and PIFS to continue negotiations with SIS on the development of further regional SIS shipping service agreements based on the MSC model; e) Approve SPC to undertake necessary action to support hub port development in the region; and f) Urge donor partners to support the work of SPC and PIFS on feeder shipping services for SIS.
The full paper is attached is Annex 8.
AGENDA ITEM 5: MARITIME LEGAL ISSUES The Ministers of Maritime Transport were invited to: a) Endorse the importance of acceding to relevant IMO and ILO maritime instruments and giving due regard where applicable to counter terrorism instruments as they impact on the maritime sector so that PICTs can realise and utilise the benefits contained therein; b) Note the ramifications of operating an Open Registry especially concerning the obligations and responsibilities of the flag state; c) Support the ongoing efforts to have relevant and updated maritime shipping policies in place as a condition precedent to drafting laws in country to ensure compliance with relevant international instruments; d) Encourage the introduction of second‐tier maritime rules as a means of enhancing the adoption of relevant and updated maritime rules; e) Support and encourage the use of maritime legal expertise available in the Pacific Islands region; f) Consider reforming where necessary internal ratification procedures and encourage effective enforcement and solutions to address them; g) Endorse the need for rules to be enforced for the general safety and security of maritime transport and support the review of penalties for breaching laws to encourage compliance; h) Note the concerns and constraints of implementing legislation to incorporate international conventions into national laws; and
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i) Consider various options or suggested approaches and decide which was most effective to translate international instruments into domestic laws.
The full paper is attached is Annex 9.
AGENDA ITEM 6: MARITIME ADMINISTRATION ISSUES The Ministers of Maritime Transport were invited to: a) Support the implementation of the quality systems in the operation of maritime and port administrations for better coordination and monitoring of the entities work programmes; b) Endorse the work of the Regional Maritime Programme and the Pacific Islands Maritime Association in promoting better work management in the maritime sector through the audit regime; and c) Recognise the high standard of auditing and training to international standards that contributes to achieving the goal of Pacific Island maritime personnel administering their own affairs.
The full paper is attached is Annex 10.
AGENDA ITEM 7: MARITIME TRAINING ISSUES The Ministers of Maritime Transport were invited to: a) Strengthen support, including through a whole of Government approach, for existing maritime training institutions and maritime skills development in the Pacific Islands region; b) Explore means whereby employment opportunities might be improved and incentives made available to employers who employ Pacific Island seafarers; c) Recognise and support the regional collaborative effort by the region’s ports, maritime administrations and MTIs that work together to address international issues and meet international standards; and d) Endorse progress and implementation of SPC’s integrated maritime databases that support the maintenance of a centralised regional system.
The full paper is attached is Annex 11.
AGENDA ITEM 8 PORT ISSUES The Ministers of Maritime Transport were invited to: a) Support the introduction of harmonised pilotage regulations in the region; b) Endorse a regional pilot exchange scheme to broaden knowledge and promote experience; c) Recognise the need for the competent pilotage authority to conduct required training and issue pilot licences with mandatory revalidation training every five years;
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d) Direct port pilots and competent pilotage authorities to further strengthen their roles as it was important for PICs to conduct professional, safe pilotage services for customers. e) Support the work that PCPA’s training committee was doing; f) Endorse the Pacific Port Workers Training Standards; g) Note the impact of unwanted invasive species that are transported via ship’s hulls or in ballast water with the potential to seriously disrupt local ecology, fisheries, tourism and marine projects; h) Direct the development of a strategy to address clean air in seaports; and i) Endorse a regional approach to tariff setting mechanisms for Pacific Island ports.
The full paper is attached is Annex 12.
AGENDA ITEM 9: WOMEN IN MARITIME The Ministers of Maritime Transport were invited to: a) Support the development of Pacific women working in the maritime sector; and b) Encourage the merger of PacWIMA with PacMA as a first step towards strengthening the single maritime voice in the region.
The full paper is attached is Annex 13.
AGENDA ITEM 10: SPC’S TRANSPORT DIRECTORATE The Ministers of Maritime Transport were invited to: a) Note the progress that SPC, PIFS, SOPAC and SPREP were making to implement the Forum Island Leaders decision regarding the Regional Integration Framework exercise; b) Endorse the move towards synergising transport, infrastructure and economic development to provide a more coordinated approach to assisting the region address challenges; c) Support SPC’s focus on SIS shipping to promote management and operational efficiency with the Shipping Adviser position; and d) Recognise that infrastructure and energy are basic necessities for improving the delivery of maritime and aviation transport and hence strengthening economic development in the Pacific Islands region.
The full paper is attached is Annex 14.
AGENDA ITEM 11: TARDIS SEAFARER CERTIFICATE PRINTING The Ministers of Maritime Transport were invited to: a) Endorse the centralised regional TARDIS seafarer certificate printing system; and
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b) Direct the utilisation of printery services on offer for issuing secure seafarer certificates and seafarers’ service record books.
The full paper is attached is Annex 15.
MINISTERIAL COMMUNIQUÉ 2009 The outcomes of the meeting were documented in the 2009 Ministerial Communiqué, which is attached as Annex 16.
The Papua New Guinea proposal to host the next Maritime Transport Ministers Meeting in Madang was unanimously accepted by the plenary.
6 Annex 1 SECRETARIAT OF THE PACIFIC COMMUNITY Second Regional Meeting of Ministers for Maritime Transport Nuku'alofa, Tonga, 14 May 2009 PROVISIONAL LIST OF PARTICIPANTS PARTICIPANTS BY COUNTRY
Australia Appleton, Mr Chris General Manager – Analysis and Operational Support Government Representative Office of Transport Security Department of Infrastructure, Transport, Regional Development & Local Government GPO Box 594, Canberra ACT 2601 Cook Islands Vavia MP, Hon Tangata Mouauri Ministry of Justice - CI Minister of Transport PO Box 3030, Avarua Rarotonga Federated States of Micronesia Mangmog, Captain Matthias Department of Transportation, Communication & Infrastructure (FSM) National Government Representative P O Box PS-2, Palikir Pohnpei 96941 Fiji Natuva, Col. Timoci Lesikivatukoula Ministry of Works and Transport & Public Utilities Minister of Works, Transport & Public Level 4, Nasilivata House Utilities Samabula
French Polynesia Rocheteau, Ms Catherine Directrice des affaires maritimes Polynesiennes Government Representative Direction Polynesienne des Affaires Maritimes BP 40187 Fare Tony 98713 Papeete Kiribati Ereateiti MP, Hon Temate Ministry of Communications, Transport & Tourism - Kiribati Minister of Communications, Betio Transport & Tourism Tarawa
Marshall Islands Kedi MP, Hon Kenneth Ministry of Transportation & Communications - Minister of Transportation & PO Box 1079 Communications Majuro
Nauru Dabwido MP, Hon Sprent Ministry of Transport & Telecommunications Minister of Transport & Government Offices Telecommunications Yaren
New Zealand High Commission – Tonga Bogle, HE Christine PO Box 830 NZ High Commissioner to Tonga Nuku’alofa, Tonga
Palau Ngiraingas MP, Hon Jackson Ministry of Public Infrastructure, Industries & Commerce - Palau Minister of Public Infrastructure, PO Box 1471 Industries and Commerce Koror 96940
Papua New Guinea Pompoyle MP, Hon Don Pela Sana Department of Transport - PNG Minister for Works, Transport & Civil PO Parliament House Aviation Waigani NCD
Samoa Aveau MP, Hon Tuisugaletaua Sofara Ministry of Works, Transport & Infrastructure - Minister for Works, Transport and Private Bag Infrastructure Apia 7 Annex 1
Solomon Islands Sofu MP, Hon Stanley Festus Ministry of Infrastructure Development - SI Minister of Infrastructure Development PO Box G8 Honiara
Tonga Karalus MP, Hon Paul Ministry of Transport - Tonga Minister of Transport PO Box 845 Nuku'alofa
Tuvalu Finikaso MP, Hon Taukelina Ministry of Communication, Transport & Tourism- Minister of Communication, Transport Private Mail Bag, Vaiaku and Tourism Funafuti
United States of America Swatland, Captain David J Chief of Response Fourteenth Coast Guard District US Coast Guard 300 Ala Moana Blvd, Rm 9-240 Honolulu HI 96850-4982 Vanuatu Gooderham, Mr Mark Chief Executive Officer Government Representative Vanuatu Maritime College P.O. Box 201, Luganville Santo
Observer Customs Department - Niue Pita, Mr Chamberlin Customs Department - Niue Fonuakula Alofi Department of Transport - PNG Dagima, Mr Camilus Department of Transport - PNG Port Moresby
Parakei, Mr Henry Saiyo Department of Transport - PNG Secretary for Transport PO Box 1489 Port Moresby NCD
Tomili, Mrs Limai Department of Transport - PNG Port Moresby
Division of Transportation - Palau Moses, Mr William Hayes Division of Transportation - Palau Chief, Division of Transportation PO Box 1471 Koror 96940
U.S. Coast Guard Tipton, LCmdr Richer US Coast Guard Activities Far East
Embassy of the United States of America - FJ Forwood Jr, Commander Robert L Embassy of the United States of America - FJ United States Defense Attache' U.S. Embassy, Box 218 Suva
Ministry of Communication, Transport & Tourism-Tuv Laafai, Mr Pusinelli Ministry of Communication, Transport & Tourism- Permanent Secretary for Vaiaku Communications, Transport & Tourism Funafuti
Ministry of Communications, Transport & Tourism - Kiribati Tabwebweiti, Mr Kietau Ministry of Communications, Transport & Tourism Secretary for Communications, - Kiribati Transport & Tourism PO Box 487, Betio Tarawa
Ministry of Infrastructure & Development - SI 8 Annex 1
Ta'aru, Mr John Dickinson Ministry of Infrastructure & Development - SI Permanent Secretary PO Box G8 Honiara
Ministry of Transport - Cook Is Tairea, Mr Aukino Ministry of Transport - Cook Is Secretary of Transport P.O. Box 61, Avarua Rarotonga
Ministry of Transport - Tonga Kilvington, Mr Russell Russell Kilvington Consulting Adviser to Minister of Transport 236 Durham Drive, Havelock North 4130 Hastings, New Zealand C/- Ministry of Transport, Tonga Ministry of Transport & Telecommunications - Nauru Stephen, Mr Christopher Aroebec Ministry of Transport & Telecommunications Secretary for Transport & Government of Nauru Telecommunications Yaren
Ministry of Transportation & Communications - RMI Allen, Mr Wilbur Ministry of Transportation & Communications - Secretary of Transport and PO Box 1079 Communications Majuro MH 96960
Ministry of Works and Transport & Public Utilities - FJ Rounds, Captain John E Ministry of Works and Transport & Public Utilities Deputy Secretary for Transport Nasilivata House, Samabula Suva
Ministry of Works, Transport & Infrastructure - Samoa Vaaelua, Vaaelua Nofo Ministry of Works, Transport & Infrastructure - Chief Executive Officer PO Box 1607 Apia
Office of Transport Security Burnett, Mr Steve Office of Transport Security Department of Infrastructure, Transport, Regional Development & Local Government GPO Box 594, Canberra ACT 2601
Service de la Navigation et des Affaires Maritimes - Temoanarau, Mr Davio Claude Charge de Mission - Ministere des A rue PK5, 9 C/Mer Servitude Nimau Resources de la Mer Tahiti
Interpretation Services Secretariat of the Pacific Community Barbot, Ms Isabelle Secretariat of the Pacific Community - Noumea Interpreter B.P. D5 Noumea
Delhaye, Mr Patrick Secretariat of the Pacific Community - Noumea Interpreter B.P. D5 Noumea
Lockner, Ms Sophie Secretariat of the Pacific Community - Noumea Interpreter B.P. D5 Noumea
Tawakevou, Usaia Secretariat of the Pacific Community - Suva ICT Technician Private Mail Bag Suva
Media and Communication Services
Secretariat of the Pacific Community – Suva 9 Annex 1
Mafi, Ms Ruci Secretariat of the Pacific Community - Suva Private Mail Bag Suva Nabalarua, Mr Joji Secretariat of the Pacific Community - Suva Video Editor / Camera Operator Private Mail Bag Suva
Thomas, Mr Larry Secretariat of the Pacific Community - Suva Regional Media Centre Coordinator Private Mail Bag Suva Organiser
Ministry of Transport - Tonga Taumoepeau, Ms Kalesita Ministry of Transport - Tonga Assistant Secretary PO Box 845 Nuku'alofa
Secretariat of the Pacific Community - Suva Fakapelea, Captain Hakaumotu Secretariat of the Pacific Community - Suva Maritime Ports Security Officer Private Mail Bag, Suva
Goundar, Ms Avnita K. Secretariat of the Pacific Community - Suva Maritime Information Officer Regional Maritime Programme Suva
Hogan, Captain John Patrick Secretariat of the Pacific Community - Suva Programme Manager Regional Maritime Programme Suva
Pratap, Ms Arpana Secretariat of the Pacific Community - Suva Maritime Research Assistant 3 Luke St, Private Mail Bag Suva
Rabukawaqa, Ms Inise L.R. Secretariat of the Pacific Community - Suva Maritime Programme Administrator Regional Maritime Programme Suva
Rigam, Mr Alobi Bomo Secretariat of the Pacific Community - Suva Maritime Technical Security Officer Regional Maritime Programme Suva
Streeter, Ms Megan A. Secretariat of the Pacific Community - Suva Maritime Systems Development Regional Maritime Programme Adviser Suva
Taiyab, Ms Shareen Secretariat of the Pacific Community - Suva Maritime Research Assistant 3 Luke St, Nabua Suva
Tominiko, Captain Taulapapa Maselino Secretariat of the Pacific Community - Suva Maritime Training & Audit Adviser Private Mail Bag Suva
Tufuga, Tufuga Mr Fagaloa Secretariat of the Pacific Community - Suva Maritime Legal Adviser Regional Maritime Programme Suva
Tuitubou, Ms Fipe Secretariat of the Pacific Community - Suva Maritime Administration Assistant Private Mail Bag Suva
10 Annex 2
Opening Speech for Regional Ministers for Maritime Transport Nuku’alofa, Kingdom of Tonga, 14th May 2009
By Lord Tuita
HRH Princess Salote Mafile’o Pilolevu Tuita (Princess Royal) Hon. Minister for Transport of the Government of Tonga Hon. Ministers for Maritime Transport of Pacific Island Countries and your Delegations Reverend Dr ‘Ahio Members of the Diplomatic Corp Staff of the Secretariat of the Pacific Community (SPC) Members of all Regional Organisations and Donors Members of the Pacific Regional Maritime Associations Distinguished Guests Ladies and Gentlemen
[Appropriate Salutation] A very warm welcome to the Kingdom of Tonga and to this 2nd Regional Meeting of Ministers for Maritime Transport
The great Pacific Ocean that links our distant countries also reminds us of the common bond that we share and continue to strengthen through such meetings.
Above and beyond the ocean being the most significant feature in our Pacific Islands region, it also supplies us with sustenance, employment, trade and holds a deep spiritual place in our hearts. We are never far from the sound of the sea breaking on our reefs and waves lapping our shores.
The theme for today’s conference, “Steering a Safe Course through Stormy Seas” has never been more relevant for the Pacific and the maritime sector than now. We face the challenges of global economic recession, increased pressure to sign regional trade agreements, and there are increasingly tougher international requirements to comply with. There are also other issues related to a complex maritime security environment and not forgetting climate change, food and fuel volatility and the need to reduce gas emissions.
Expanding trade and globalization have brought new employment opportunities to many Pacific Islanders. But these benefits are accompanied by increasing regulation and standardization and growing requirements of the international and domestic shipping industries. The increasingly regulated environment within which we operate has created challenges for the Pacific maritime sector. So the regional
111 Annex 2
solutions that you develop and agree to will show what can be achieved through regional cooperation.
It is these increased regional solutions and agreements that strengthen the maritime sector in our region. We also acknowledge the work undertaken by the Secretariat of Pacific Community’s Regional Maritime Programme and our Regional Maritime Associations. Their continuous work in training, mentoring, collecting then analysing data and seeking regional solutions to national challenges enables the region’s maritime sector to have the capacity it now has to meet new challenges. We now have systems in place in the Pacific maritime sector that are unique and the region can hold its head up high at the innovative solutions you have adopted to resolve the challenges we all face.
The outcomes of the recent Pacific Islands Maritime Association meeting that was held on Monday and Tuesday this week bear testament to the ongoing efforts by Pacific islanders to manage, administer and regulate the affairs of their maritime sector. Like our ancestors before us our relationship with the sea continues and it is up to us to maintain our efforts to work together as a region to improve our maritime traditions.
It is indeed pleasing to note that you will come out with a communiqué that will drive the future direction of maritime matters in our Pacific region. I urge you to work in closer collaboration with each other to achieve milestones for our Pacific region.
In opening this 2nd Regional Meeting of Ministers for Maritime Transport, I wish you well in your deliberations today in “Steering a Safe Course through Stormy Seas”.
Thank you
212 Annex 3
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(NUKU’ALOFA, TONGA: 14 MAY 2009)
Your Excellency, Her Royal Highness, the Princess Royal Acting Prime Minister, Lord Tuita Rev Dr. ‘Ahio Hon. Minister of Transport of the Government of Tonga Hon. Ministers of Maritime Transport of Pacific Island Countries and your Delegations. Members of Parliament of the Kingdom of Tonga Staff of the Secretariat of the Pacific Community (SPC) Members of all Regional Organisations and Donors Members of the Pacific Regional Maritime Associations Members of the Diplomatic Corp Distinguished Guests Ladies and Gentlemen
On behalf of the Director General of the Secretariat of the Pacific Community, I have much pleasure in extending to you all a very warm welcome – to this second meeting of Ministers for Maritime Transport.
My Director General, Dr Jimmie Rodgers has sent his deep apologies that he cannot be here himself to address you but he nevertheless extends his warmest wishes and kindest regards looks forward to positive outcomes from this meeting.
Firstly, I would also like to express our sincere appreciation to His Majesty’s Government and the people of the Kingdom of Tonga for kindly hosting this event. We thank you for the use of this wonderful Conference Centre. We also thank you for the excellent hospitality accorded to all delegates attending this meeting by your government and people.
The hosting of this meeting by the Government of Tonga is even more appreciated given the current economic downturn and the global economic crises that had affected all countries globally. We have also had to manage questions relating to the more recent H1N1 influenza epidemic and we hope that our region will remain free from this new threat.
It is no secret that the global economic crises had affected the shipping industry on which the global as well as the regional maritime sector is reliant upon for trade as well as employment opportunities. World‐wide many ships being laid up; shipping services have being cut and there has been a general reduced flow of goods. Against this backdrop of world events, the Pacific is affected with reduced shipping services and rising costs of freight and travel.
Improved shipping services have been high on the Forum Leaders’ agenda. The Pacific Plan has prioritised shipping services. Leaders of the region’s Small Island States had been searching for longer‐term solutions to the shipping needs of our smaller regional members. SPC’s Regional Maritime Programme has been working closely with the Pacific Islands Forum Secretariat to explore and facilitate solutions to the region’s shipping needs.
1 13 Annex 3
One short to medium term solution explored is the establishment of a number of sub‐ regional feeder shipping services between members linking to larger hub ports while the longer‐term solutions are being explored further. Linking directly into this initiative is a major study currently being conducted by the programme on commodity movements, volumes, frequency of movement, tariffs, and economic worth involved in the various commodities between PICTs and from other trading partners. Yesterday’s meeting of the Ministers of Transport for our Small Island States confirmed and endorsed efforts to implement sub‐regional and broader regional solutions to shipping with the view to developing more appropriate and sustainable shipping operations in the region. The Pacific is a maritime region. Shipping provides our lifeline. Without regular and affordable shipping services, the region’s trading and economic survival will be continually under threat.
Trade and shipping affects the wider maritime sector and the Pacific needs to continue to ensure that individual nations continue to comply with international maritime requirements. Regular monitoring of compliance to the various international regimes is crucial. The establishment of the ‘Pacific Islands Maritime Association – PacMA’ has put the region in good stead in this area. Together with PacMA the SPC maritime programme had been effectively monitoring compliance of PICs. The region also established the Pacific Islands maritime Lawyers Association (PIMLA) which had been very helpful in assisting countries in their efforts to comply with the regulatory frameworks and other relevant maritime legislations. In addition, the region has systems in place to address issues pertaining to the safety of shipping; seafarer ID’s and training standards; as well as maritime security of ports and ships with the inherent responsibilities of the administrations. These systems need to be maintained to ensure employment security and the continuation of international trade. It is indeed pleasing to see that the region continues to utilise maritime legal expertise from the Pacific under the auspices of PIMLA. Outstanding issues that continue to require the attention of maritime lawyers are acceding to relevant international maritime instruments; the ramifications of operating an Open Registry; updating maritime shipping policies and harmonising shipping laws; addressing the concerns and constraints of implementing legislation to incorporate international conventions into national laws; and reforming where necessary internal ratification procedures.
SPC continues to work with the regional maritime associations to administer capacity building and supplementation through training activities in areas such as law, planning, management and business development in addition to maritime training for seafarers and other industry personnel. However, there are concerns that training standards and efforts implemented by regional expertise were being duplicated by Pacific Rim countries.
Port issues include pilotage, minimum port worker training standards, ballast water initiatives, tariff setting mechanisms and gas emissions in ports. The introduction of harmonised pilotage regulations in the region coupled with a regional pilot exchange scheme will broaden knowledge and promote experience. The work that the Pacific Countries Ports Association training committee is doing on minimum standards of training needs to be supported. Unwanted invasive species that are transported via ship’s hulls or in ballast water has the potential to seriously disrupt local ecology, fisheries, tourism and marine projects. This needs urgent attention from national authorities and other partner
2 14 Annex 3 organisations. There also needs to be a regional strategy to address clean air in seaports and a regional approach to tariff setting mechanisms for Pacific Island ports.
SPC has been working to promote and improve the profile of the role of women in the maritime sector. Gender mainstreaming and the development of Pacific women working in the maritime sector had led to the concept we are currently exploring to merge the role of the ‘Pacific Women in Maritime’ Association (PacWIMA) with PacMA to ensure we have one strong voice addressing maritime issues in the region. In the long term it is our hope that PacMA will transform into the region’s Maritime Authority with all the associated roles and responsibilities of such a body. Before closing I would just like to update you on implementation of the Forum leaders’ decision to rationalise the role of Pacific Regional Organisations (PROs) under the ‘Regional institutional Framework’ (RIF) and the impact it has on the transport sector. At this point what is clear is that the transport, infrastructure and communication functions currently hosted by the Forum Secretariat will transfer to SPC. We are also working very closely with PASO to have better coordination between PASO and SPC in the broader transport sector. Through a similar process of rationalisation the your colleague Ministers responsible for Energy in the region, at their meeting convened at this same venue three weeks ago endorsed the transfer of the lead role for Energy coordination and policy in the region to SPC.
Resulting from this regional institutional framework process, SPC will establish a new Division of Transport, Infrastructure, Energy and Economic Development commencing January 2010. All three pillars of this new division are primary drivers of economic development. You will discuss this matter in more detail later in the meeting.
I wish you God speed in your deliberations and I am sure that the outcomes will be successful and beneficial for the peoples of the Pacific Community.
Captain John Hogan, Manager Regional Maritime Programme Secretariat of the Pacific Community Suva, Fiji
3 15 STEERING A SAFE COURSE THROUGH STORMY SEAS Annex 4 REGIONAL MARITIME PROGRAMME – STATUS OF PROGRESS AGAINST MINISTERIAL COMMUNIQUÉ of 2007
# Communiqué Items Activities Implemented National Impacts Gaps Identified Regional Collaboration 1 Link between trade and Commodity study in progress to Sustained PICT1 economy in current Data and records not adequately shipping explore opportunities for global recessed economic climate maintained in ports and customs new/alternative trade resulting from improved intra-regional with variations in accuracy of partnerships and thus shipping trade of locally produced goods and records kept routes services 2 Pacific plan initiatives for SIS initial and two followup Increased export of fresh produce Funding constraints to fully SIS2 shipping and feeder service studies & PFL3 from Fiji with more frequent feeder implement recommended maritime security support for management shipping service to Nauru, Kiribati options for improved shipping options and Tuvalu services in the Pacific Islands Security training and 49 audits Compliance with international region completed over 2007/2008 security requirements maintained Short-term shipping adviser PICTs shipping advice from SPC5 position hosted at RMP4 consolidated Shipping Adviser 3-year Support from higher levels of position recent appointment Government and regional Two SIS Ministerial meetings organisation endorse implementation organised by SPC in 2007 and options 2009 Commencement of short-term solution for feeder shipping service with Kiribati Shipping Services Limited 3 MOU6 to define SAR7 Drafted by SPC on behalf of Efficient and effective SAR operations SAR legislation and scope and PICTs and passed by US State in to be implemented across the region responsibilities range across responsibilities of parties Washington but pending with updated contacts various government agencies to promote efficient and finalisation and signing at next effective maritime sector SAR Conference late 2009 4 Secondments for 8 secondments conducted over 2 Capacity of maritime sector personnel Migration trend depletes capacity capacity building yrs built and successfully utilised within the in PICTs region 5 Incountry assistance Succession planning as part of Experienced older personnel can retire Some funding and policy strategy and Business Excellence without disrupting national maritime constraints prevent PICTs from strengthening maritime knowledge management services as understudies assume implementing succession human resource capacity Regional association meetings leadership roles planning within regional ongoing associations 6 Further develop RMP Stage 3 implemented but pending Queries on PICT information and back Accessibility limited by incountry DIMS8 linkage with Navision up of PICT maritime data now handled internet services by expanded DIMS 7 Prioritise affordable and Second SIS feeder service SIS leaders accorded Best long-term option still regular transport linkages study completed in October recommendations and advice on pending funding of donor ship for with SIS feeder service 2007 and forwarded to PIFS9 options to progress further SIS study for circulation to members Purpose built ship study being updated with new figures Legal Issues 8 Translating international PIMLaws10 review completed Accession to international maritime Absence of shipping policies obligations into national legal instruments to provide direction legislative frameworks Capacity building for legal Slow pace of regulatory draftspersons process (internal ratification Robust shipping laws shared within procedures) for enactment or region implementation of laws PICT vessels free to trade Lack of enforcement regimes internationally with appropriate penalties 1Pacific island country and territory 6 Memorandum of Understanding 2 Small island States 7 Search and rescue 3 Pacific Forum Line 8 Data and Information Management System 4 Regional Maritime Programme 9 Pacific Islands Forum Secretariat 5 Secretariat of the Pacific Community 10 Pacific Island Maritime Laws
1 Secretariat of the Pacific Community 03 April 2009 16 STEERING A SAFE COURSE THROUGH STORMY SEAS Annex 4
# Communiqué Items Activities Implemented National Impacts Gaps Identified 9 Review of national PIMLA11 reviewing national Networking of regional maritime law Limited PICT capacity for maritime legislation by legislation ongoing professionals drafting legislation and Pacific Island expertise Utilisation of existing expertise in the insufficient funds to support Pacific Islands region specific maritime lawyers 10 Introduction of second-tier Maritime rules from New Improved rate of enactment of Practical challenges for some maritime rules Zealand analysed for legislation by delegation of limited PICTs who may need to amend potential adaptation for powers to the maritime CEO12 to relevant legislation to PICTs pending promulgate and sign off on minor accommodate the provision of work on supportive changes or emergency rules second-tier maritime rules strategies ongoing 11 Participation of PICTs in Funding constraints due to Pacific voice strengthened by regional Current global economic IMO13 and ILO14 meetings current global economic position papers collated prior to event recession has limited an already with presentation of recession, so on hold for now as opposed to individual PICTs losing constrained budget for any regional position papers but linkages with Australia and out on issues of concern to region activity that requires attendance collated by RMP New Zealand explored at IMO meetings 12 SPC participation at IMO IMO – SPC MOU exists as SPC has observer speaking rights to Some PICTs already have meetings as regional implementation arm for IMO address plenary at IMO meetings but representatives at IMO and representative for Pacific technical cooperation activities with no voting rights so PICTs still without a regional position Islands region in region but attendance at require representation to vote either in agreeable and supported by all, meetings pending funding person or on paper individual agendas can still be pursued Administration Issues 13 Improve SAR by optimising SAR MOU under Enhanced regional cooperation with Mass rescue scenarios with use of limited resources negotiation linkages into national PICT plans increased cruise liner visits and during emergencies SAR contacts available disaster management (tsunami) online still issues that require SAR Conference held in addressing Hawaii in late 2007 14 Regional maritime accident Accident investigation Enhanced practice of accident Regional pool of accident investigation strategy guidelines developed and investigation with statistics collated and investigators will be nurtured and disseminated but training analysed for trends in accordance with maintained for utilisation in the course pending for 2009 new code released by IMO Pacific Islands region 15 Support for hydrographic SWPHC15 invitation to PacMA16 Hydrographic information is vital to Specialised skill to measure and and surveying data and to attend their 9th meeting and chart changes to seafloor and remove record hydrographic data and information PacMA invitation for SWPHC to obsolete nautical charts or dangers to extract information so need attend PacMA 13 meeting maritime navigation active collaboration with other agencies (SOPAC17) 16 Improvement of standards PIMLA work on national Implementation of mechanisms to Most PICTs are in dire need of in ports and shipping shipping policies and comply with international standards shipping policies as their nations through development of harmonisation of legislation in directed by shipping policies that mould have signed up to international national maritime policies Niue, Tuvalu, Cook Islands, maritime laws to national priorities instruments without Marshall Is and Tokelau rationalisation or policies in place 17 Use of regional survey Subregional surveyors training Ship surveys for PICTs delivered in Due to migration and retirement, guidelines and instructions course conducted with accordance with international standards surveyors need to be built up in dissemination of survey by regional pool of surveyors being the region with specific training guidelines and instructions to trained and instructed in regional needs becoming a priority for PICT marine surveyors guidelines PICTs 18 Benefits of participation in PacMA consideration of Improved hydrographic services and Objectives of SWPHC and SWPHC SWPHC application for navigational aids achieved by regional PacMA currently not aligned so membership (status pending cooperation with SWPHC but resources difficult to progress cooperation confirmation of PacMA by-laws) and funding must be made available for and hydrography sits under and attendance at meetings PICT participation at meetings different portfolios within PICTs 19 Monitoring and compliance Since last Ministerial, 42 (+12 Continuous, uninterrupted international More measurement of national regime by SPC and PacMA for 2009) compliance audits shipping, trade and employment impacts needs to be recorded for completed in PICTs for safety, security for PICTs promoted by reports to donors, stakeholders security, check auditing and compliance with international and international partners business excellence requirements ensured by audit regime 11 Pacific International Maritime Law Association 15 South West Pacific Hydrographic Commission 12 Chief Executive Officer 16 Pacific Islands Maritime Association 13 International Maritime Organization 17 South Pacific Applied Geoscience Commission 14 International Labour Organization
2 Secretariat of the Pacific Community 03 April 2009 17 STEERING A SAFE COURSE THROUGH STORMY SEAS Annex 4
# Communiqué Items Activities Implemented National Impacts Gaps Identified Maritime Training 20 International Completion of five yearly STCW18 Employment on international trading Regional seafarer records need accreditation of audits for administrations and vessels provided by international to be maintained on secure maritime training MTIs19 recognition of PICT training standards database providers in PICTs 21 Skills development in Capacity building initiatives with Remittances from seafarers and Succession planning to upskill PICTs training courses, workshops and services in specialised maritime fields junior employees still not a seminars continued priority in PICTs 22 Implications to PICTs STCW changes monitored and International recognition of PICT Signatory to STCW-F slow with on changes to STCW updated in regional syllabi and maritime personnel ensured by regional Pacifc Rim countries yet to ratify and STCW-F20 STCW-F encased in PIMLaws standards that mirror international measures that could impact requirements PICTs 23 Offer from NZ21 and Secondments completed in New methods of implementing tried and Visas can be difficult to obtain for Australia to support Australia and NZ ports for tested solutions to similar problems and PICT personnel and sometimes capacity building maritime personnel from PICTs innovation can be modify instead of causes travel expenses that through training and Joint exercises conducted with reinventing models that are provided by cannot be reused leading to exercises Aust and NZ agencies on exposure to other agency operating missed opportunities. Better maritime security and SAR environments during secondments national systems need to be in place to ensure visas are obtained 24 Employment of Pacific Neptune database upgraded with Regional information network mitigates Computer and internet systems Island seafarers backup on regional database and risk of data loss in PICTs and in PICTs vary and so require links to TARDIS22 seafarer service contributes to additional backup of data customised delivery of RMP record books services 25 Regional integrated Neptune redesigned for regional PICT international credibility raised and Individual PICT logos or database printing centre and expanded to stakeholder confidence in regional emblems do not appear on front include TARDIS tamper-proof system increased by secure certificates cover but inside each printed certificates page Port Issues 26 Derelict and Ports pursue legal avenues Positive impact on PICT ports Problem of invasive species due abandoned vessels in supported by legislation to remove contributes to safer navigation from to expanded trade and traffic ports navigational hazards from port reduced congestion / chances of illegal volume now an issue for PICT areas use of derelicts ports 27 Improved port Port seminars and port Valuable skills for managers provided Regional port worker training management management training courses by safe simulated environment for port standards to be utilised by PICT conducted for region with outcomes managers to make decisions on fleet ports as regional minimum in- feeding into PCPA23 operation house training standards 28 Waterfront reform to Advice provided to PICTs through National economies boosted by Air quality in ports need allow for increased port SPC-RMP and PCPA increased port performance improvement (gas emissions) capacity 29 Need for new port Kiribati, PNG, Solomon Is and Larger vessels able to call more Increased port activity and larger infrastructure Tuvalu wharf expansion or dredging frequently into PICT ports due to ships demand trained and at their own cost and initiative improved infrastructure qualified pilots with regional pilotage guidelines 30 Utilisation of regional PCPA membership establishes Root causes of port issues understood Exchange of information pool of expertise from committees on training standards, and viable solutions implemented by between PICT ports has more PCPA engineering and finance & PCPA personnel who have collective benefits than maintaining a investment and updates port worker experience and expertise within PICTs competitive commercial edge in training standards region 31 Transparent tariff PCPA finance & investment Cash flow for PICT ports stabilised with Financial accounting package setting mechanisms committee pursue options for tariff tariffs and standardisation across the developed in 1990s for ports to setting mechanisms after PICT region would ensure coverage of all easily manage operational costs ports provided tariff listings for service costs in need of updating regional database Maritime Security 32 SPC-PacMA security Audits conducted regularly by Constant improvement of national Single Pacific auditing standard audit regime trained and qualified PICT maritime systems by PICT maritime personnel could be utilised for all transport auditors who are trained and qualified to audits in PICTs conduct audits 18 International Convention on Standards of Training, Certification and 21 New Zealand Watchkeeping for Seafarers 1978 as amended 1995 22 Travel and Related Document Issuance System 19 Maritime Training Institutes 23 Pacific Countries Ports Association 20 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel 1995 3 Secretariat of the Pacific Community 03 April 2009 18 STEERING A SAFE COURSE THROUGH STORMY SEAS Annex 4
# Communiqué Items Activities Implemented National Impacts Gaps Identified 33 Maintain compliance PICTs maintain compliance with International trade continues Supply chain security complementary of Pacific ports with international security standards for unimpeded at PICT ports as to port security with holistic approach international security ports, administrations and training internationally recognised acceptable improving security requirements institutes standards are enforced 34 Information exchange Defunct group due to changes in SPC focus on JCS24 now medium for Exchange of security related through WGBMI PIFS personnel progressing information exchange information a risk for PICTs when not among departments and with border reciprocated by Pacific Rim countries management agencies that focus on and ownership issues a concern security 35 Priority regional FRSC25 and cooperation with OCO26 Improved security and safety of national More linkages are needed within border management working through Pacific Plan provides borders achieved by closer regional nations for better collaboration issues regional coordination role for PICTs collaboration and coordination of priority between border management border management issues departments like customs, quarantine, immigration and transport 36 Need for accurate and Network of SAR operational Timely SAR network activation and Harsher global economic climate timely information for personnel updated and SAR security information sharing within makes it imperative for PICTs to security and SAR conference provided forum to PICTs but usually compounded by engage in more intra-regional trade move collaboration ahead perceived political instability within the and to link transportation to trade Pacific Security Conference region agreement issues organised and hosted by SPC and funded by Australia 37 LRIT27 capacity in Recommendation from Pacific Bilateral agreements with Australian Fishing vessels and pleasure craft still PICTs Security Conference to adopt centre for data provision cheaper option outside the scope of international Australian centre as regional source for PICTs to comply with IMO requirements and pose real threat to of data convention especially for those with PICTs in terms of surveillance when in international registries vast expanse of ocean 38 Fishing vessel security Ongoing collaboration with FFA28 and Collaboration between agencies like the Regional economic cooperation PPBP29 on IUU30 fishing but STCW-F Kiribati joint operation with USCG31 agreements among PICTs need to be yet to enter into force resulted in positive impact for Kiribati implemented to combat the triple threat with successful prosecution and of food-fuel volatility, climate change conviction for unlawful bunkering by and the present economic crisis foreign vessels 39 Cruise vessel security RMP completed report with Strategic threats and vulnerabilities to Mass rescue involving the cruise Australian Office of Transport cruise ship and port security identified industry an issue that requires Security to equip Pacific cruise and mitigation options listed in addressing in national plans and SAR industry and PICTs with security developed plans as cruises into PICTs agency cooperation with emergency information pertinent to proactive increase over time services safety culture 40 Pleasure craft security RMP completed report with OCO, Gaps and security issues highlighted Recommendations highlighted in report Australian and NZ Customs through comparison of national and provide a way forward on issues regional records 41 Merits of standardised TARDIS technology employed to Increased stakeholder confidence in Employment promotion and ease of seafarer identity implement phase one of Pacific PICT systems leading to improved cross-checking accuracy and documentation Island seafarer IDs opportunities for PICT seafarer verification of certificates as per ILO employment on internationally trading C18532 has greater scope to improve vessels accomplished by tamper-proof with implemented TARDIS system seafarer certificates that comply with STCW Pacific Women in Maritime 42 Raising the profile of Merger into PacMA with specific Improved alignment of promoting Worldwide shortage of officers women in maritime focus on career promotion for men maritime careers for women and resulting in IMO’s “Go to Sea” and women in maritime is now in national development plans campaign can be an opportunity for progress achieving MDG34 on gender both men and women from PICTs to SPC with Taiwan funding mainstreaming gain meaningful employment supported PacWIMA33 activities in Gender awareness and marketing of Funding constraints with limited Cook Is, PNG and Solomon Is career opportunities for women in endorsement by PICT Governments maritime as well as increased safety of overseas scholarship awareness among coastal opportunities communities
24 Joint Country Strategies 30 Illegal, Unregulated and Unreported fishing 25 Forum Regional Security Committee 31 United States Coast Guard 26 Oceania Customs Organization 32 Convention 185 on Seafarers’ Identity Documents 2003 27 Long Range Identification and Tracking 33 Pacific Women in Maritime Association 28 Forum Fisheries Agency 34 Millennium Development Goals 29 Pacific Patrol Boat Programme
4 Secretariat of the Pacific Community 03 April 2009 19 Annex 5
SPC/RMMT(2) Ministerial Paper 1 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 1 – REGIONAL ISSUES
Purpose
1. This paper provides an insight into the key regional maritime issues impacting Pacific Island countries and territories (PICTs) in the areas of the impact of the current global economic recession on shipping, intra-regional trade and security.
Background
Impact of Global Economic Recession on Shipping
2. With recent poor economic data and another international stream of corporate profit warnings in collusion with huge job cut announcements - deep global recession fears from investors and markets intensified throughout 2008. Markets are still experiencing high volatility, last seen during the 1929 crash that led to the Great Depression whereby currencies experienced almost extraordinary volatility as oil and other commodities tumbled on fears of reducing demand that would accompany a slow- down whilst stock markets dropped.
3. The shipping industry has been widely impacted given the present economic slowdown. To begin with, the demand for commodities has decreased. So commodity prices have reduced. Demand for ships/vessels is a derived demand. The demand is actually for the transportation/shipment of the commodity. With the commodity market in recession, the demand for shipment is down; hence the demand for vessels is reduced. The global recession has affected ships of all sizes. Ships which were earlier chartered at 40,000 and 50,000 USD per day are now being chartered out for as low as 7,000 - 8,000 USD per day. This is one reason why most ship owners are holding vessels with the hope that the market will improve. Cargo at major ports are piling up indicating low demand for goods. All those who have placed orders earlier are now shying away from collecting cargo from ports, fearing low demand. The result is that cargo gets piled at ports increasing costs and port storage congestion.
4. From early 2009, Lloyd’s List Daily Commercial News reported that close to 10% of the world’s container vessels were currently unemployed as owners and operators took drastic steps to bring supply into line with shrinking cargo demand. In February alone, 427 box ships were idle, representing 9.1% of the number of vessels in the world fleet. The size of surplus containership fleet has grown enormously since the final quarter of 2008. Idle capacity was estimated to have increased more than five-fold from 150,000 TEU to 800,000 TEU between late October 2008 and early February 2009. The need to remove ships from service reflects falling trade volumes, with Drewery Shipping Consultants estimating that global container handling activity was down by 1% in November 2008 compared with the same month a year earlier. Until then, trade had continued to grow, albeit at a rapidly declining pace throughout 2008.
Secretariat of the Pacific Community 25 March 2009 20 Annex 5
5. Some companies are cutting back on operational expenses and ship maintenance to the bare minimum levels required by law, but there are other less reputable ones who operate below this “quality threshold” and cut every conceivable corner in the book on safety and ship operations. Seafarers will be squeezed even more and as ranks of older seafarers retire, the shipping industry will extract even more work out of fewer and less qualified and less experienced crew. Given this dire socio-economic backdrop, shipping disasters will happen again, further casting negative perceptions on this secretive and still highly unregulated industry’s credentials as a responsible global citizen. Given this gloomy scenario, there is bound to be more regional regulation that will mushroom in various shipping jurisdictions around the world. (Lloyd’s List DCN)
Intra-regional Trade
6. “Intra-regional trade agreements aim to boost trade between PICTs and to reduce barriers so that countries can trade more easily among themselves. A bigger market provides domestic businesses with wider opportunity for export, and is more attractive to foreign investors from outside the region. Consumers can benefit from lower prices and more choice. A range of challenges, including lack of economies of scale, small markets and weak infrastructure prohibit regional economic alliances in the Pacific Islands region. For a start, the islands are more spread out than European countries. For example, Apia and Port Moresby are 4,350 kilometres apart. Yet opportunities exist for increased intra-regional trade, particularly in services, and especially among the geographically clustered and more diversified economies of Melanesia.”
7. Examples of regional trade agreements include PICTA (Pacific Island Countries Trade Agreement) - a free trade agreement among the Pacific island states (excluding Australia and New Zealand), signed in 2003; SPARTECA (South Pacific Regional Trade and Economic Cooperation Agreement) entered into force in 1981, providing duty and quota-free access to Australia and New Zealand for the 14 Pacific island countries, subject to rules of origin requirements; PACER (Pacific Agreement on Closer Economic Relations) - arguably the most controversial of the trade agreements facing the region; and EPAs (Economic Partnership Agreements) - under the Cotonou Agreement, the African, Caribbean and Pacific (ACP) group of countries were to have negotiated a series of separate trade agreements with the European Union by the end of 2007.
8. “The Pacific is confronting the challenges of globalisation. From protectionism and dependence on a narrow range of commodities and export destinations, the region now faces a more liberal trading environment. An increasing proportion of trade is being done with Asia, which may herald new agreements. In a climate of change, doing nothing is not an option. The region cannot continue to rely on existing arrangements and high tariffs. Clearly, PICTs have little bargaining power. Negotiating capacity remains a key challenge. PICTs on their own are simply too small and have insufficient resources to be able to negotiate on equal terms with bigger partners. Even with technical assistance and capacity-building, it is unlikely that individual countries can negotiate effectively at regional and international levels. Regional representation remains essential.
9. Pacific island countries can move beyond trading only basic commodities, but only if export- oriented trade policies which includes transportation aspects are developed for each country. This is a key issue: most PICTs have no trade or transportation policy, and no analysis or evidence to develop them. It is not possible to stem the tide of global economic integration. But rather than despair, there is a need to actively engage in regional trade and transportation talks. Many forms of integration are possible. It is up to PICT Governments to decide what they want.” (Derek Brien)
10. The Secretariat of the Pacific Community (SPC) has commissioned a new study to look at mapping commodities that currently make up intra-regional trade between PICTs as well as trading between major trading partners and PICTs to explore opportunities for new/alternative trade partnerships and thus shipping routes. The study will investigate and recommend a course of action with regard to a feeder shipping service between Fiji and the Small Island States (SIS) of Tuvalu, Kiribati, Nauru and Wallis & Futuna. It will also discuss cargo from other PICTs, such as Fiji, Papua
Secretariat of the Pacific Community 25 March 2009 21 Annex 5
New Guinea (PNG), Solomon Islands and Vanuatu, that could be supplied to the SIS mentioned above. Such cargo could include a range of food or fresh produce and building supplies such as processed timber, cement and aggregate. A preliminary assessment of importing noodles (as an example commodity) into Nauru from Fiji showed that products going from Fiji to Nauru have to go via Australia as there are currently no direct shipping services from Fiji to Nauru. The assessment showed that despite the product going through Australia, its landed cost in Nauru was still comparably cheaper than the price of noodles imported directly from Australia. Direct shipping services from Fiji into Nauru would have a marked reduction in final retail price. The assessment also proved that if Nauru imported more products from Fiji such as other foodstuff, cement etc there could be substantial economic benefits for Nauru through greater price reductions.
11. The SPC study hopes to identify for each commodity imported by SIS such as building materials, food stuff etc, (i) the volumes of import; (ii) the frequency of importation; (iii) the sources from which commodities are imported and (iv), the landed cost for imports. It is also expected that this more comprehensive study using core commodities imported by SIS and other countries will lead to comparative analyses that will help highlight new trading opportunities and alternative shipping routes to provide better services and benefits for SIS
Compliance in Ports and Maritime Administrations
12. Ports in the Pacific Islands region have all complied with the International Ship and Port Facility Security (ISPS) Code and are currently maintaining their levels of compliance with assistance from the SPC Regional Maritime Programme (RMP) and the Pacific Islands Maritime Association (PacMA). It is similarly so for maritime administrations and training institutes with regard to the International Convention on Standards of Training, Certification and Watchkeeping (STCW) for Seafarers 1978 as amended 1995. There are also standards in place with evaluation regimes to check on compliance for the International Safety Management (ISM) Code and Business Excellence Framework that promotes global best practice in PICTs.
Security risks in cruise shipping
13. The security of cruise operations in the Pacific is influenced by risks emerging from the international security environment. These risks are the result of transnational terrorism, cross-border crime and the inherent vulnerabilities of the maritime environment and transportation industry. In January 2008, SPC RMP and the Australian Department of Infrastructure, Transport, Regional Development and Local Government’s Office of Transport Security completed an AusAID funded Security Risk Context Statement, the purpose of which was to provide a statement of the current security environment and potential drivers of security risk related to the Pacific cruise industry.
14. Creating a sustainable and proactive security culture within the cruise ship industry is a critical defensive element in the current security environment. Sustainable physical security measures coupled with staff awareness raising processes can create an active security environment hostile to terrorist and criminal activity. The most powerful means PICTs have of preventing a traumatic terrorist attack or systemic criminal exploitation are carefully targeted, focused and balanced risk and vulnerability mitigation action plans.
15. Appropriate, targeted and substantive preventative security arrangements must be based on a clear understanding of security risk drivers, including a shared understanding of threats and vulnerabilities. Failure to understand the significance of addressing vulnerabilities in developing mitigation strategies necessarily increases the security risks faced. Likewise complacency – through assuming that there is no threat; that it will happen somewhere else; or assuming “adequate” preparation is sufficient – can result in poorly developed security plans, poor allocation of security resources and increased security vulnerabilities.
Yachts and Pleasure Craft Security
Secretariat of the Pacific Community 25 March 2009 22 Annex 5
16. Approximately 4,000 yachts (sail and power) transit the Pacific each year. Most yachts (and crews) are from Europe, Canada, the United States, Australia or New Zealand, although yachts from other countries (e.g. South Africa, Japan and Russia) are also present in small numbers. The recent focus on security — both generally, and regarding maritime security in particular — has seen increased attention on ocean-going yacht traffic in the Pacific, due to concerns regarding smuggling and the illegal movement of people. In 2007, a joint study was commissioned by the Oceania Customs Organisation (OCO) and SPC RMP with input from the New Zealand and Australian Customs Service to examine the movement of pleasure craft within the Pacific region and to identify associated security risks. Recommendations were made concerning legislation and procedures; records; communication; surveillance and patrols; community participation programmes; intelligence; compliance; training and technology; as well as OCO agreements.
17. The concern of security-related hazards introduced by yachts in the region focuses on those posed by smuggling (of drugs, arms, people and wildlife), the illegal movement of people, and biosecurity risks. Measures in place to mitigate these risks need to be reviewed.
18. Integrity of international borders is of critical importance to all PICTs in terms of security, law enforcement, health, and economic and social development issues. Managing the integrity of international borders has a number of dimensions including that of law enforcement. The present capacity of border management agencies in a number of PICTs to adequately maintain border integrity is low. This is exacerbated by the geographical parameters of the region and the lack of funding and resources to effectively control it.
Conclusions
19. “PICTs have become more dependent on sea transport and trade in their requirements for consumer goods, fuels and basic equipment. It has been difficult in highly fragmented Pacific nations to achieve economies of scale and to develop efficient low cost shipping able to overcome distance and isolation, and be economically viable in the back hauls of small quantities of low-value products from remote islands for onward shipment to world markets. Only in the cargo and passenger services between the main port towns and the nearer bigger islands has it been easier to develop good ro-ro and container operations.
20. Attempts to introduce energy-efficient sail assisted vessels to island transport, and simpler tug-and-barge systems as low technology alternatives, have met with limited acceptance and economic success. More efficient small port construction and better operational procedures have also been devised from some islands, as well as improved storage and marketing techniques. However, there are aspects of Pacific geography which will always entail high costs in cargo and passenger transport. But shipping is for island communities what roads are for remote rural people in areas of contiguous land, and road transport infrastructure costs are normally borne by the nation as a whole.” (Brij V. Lal, Kate Fortune)
21. Since shipping is global in nature, the impacts of the current economic recession are also felt in the Pacific Islands region and are expected to become more of an issue as 2009 draws to an end. Apart from employment security and a reduction in remittances (which for some PICTs is a large proportion of GNP), the regularity of services will also be affected especially since it is linked to trade. SPC is working with SIS to promote better mechanisms for increased intra-regional trade which will ensure closer distances for routes traversed and thus reductions in freight and costs for consumers. This will include regional shipping agreements based on the model of the Micronesian Shipping Commission which licences routes and issues entry certificates to shipping companies for specified cargo volumes etc.
22. The triple threat of food-fuel volatility, climate change and the present economic crisis converging with natural disasters is eroding the resilience of the Pacific region. The fact that the
Secretariat of the Pacific Community 25 March 2009 23 Annex 5
Pacific region is more economically integrated with the rest of the world than with itself means that more intra-regional trade and investment needs to be accelerated by implementing regional economic cooperation agreements. In the words of the United Nations, it is “by strengthening domestic markets that the region can provide a buffer to global market fluctuations and move from being crisis resilient to crisis resistant”.
RECOMMENDATIONS
23. The Ministers of Maritime Transport are invited to:
(a) Note the impacts of the current global economic climate on the region’s shipping industry; (b) Endorse the current work being undertaken by SPC RMP on intra-regional trade and commodity mapping within the Pacific Islands region; (c) Consider that intra-regional trade agreements need to be negotiated with regional transportation routes, licencing and frequency of ship calls at the forefront; (d) Endorse the Pacific Islands regional audit regime that continues to provide an effective monitoring and compliance system for Pacific ports which cater for all international vessels, including cruise ships; (e) Ensure that port facilities in the region have adequate infrastructure and systems in place to cater for the increased number of visits by cruise vessels; (f) Endorse that despite the current difficult global economic climate, the effective delivery of a safe, secure and clean maritime environment, as overseen by each country’s maritime administration, remains paramount; (g) Endorse the work currently being jointly undertaken by SPC RMP and OCO; and (h) Support the implementation of regional economic cooperation agreements among PICTs.
References: 1. Derek Brien, Pacific Institute of Public Policy Tel: +678 29842 Email: [email protected]
2. Lloyd’s List DCN. www.lloydslistdcn.com.au Edition No. 757 of Thursday 19 February 2009 and Thursday 26 February 2009
3. The Pacific Islands: An Encyclopaedia by Brij V. Lal, Kate Fortune. Published by University of Hawaii Press, 2000. ISBN 082482265X, 9780824822651
Secretariat of the Pacific Community 25 March 2009 24 Annex 6
SPC/RMMT(2) Ministerial Paper 2 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 2 – TRADE ISSUES
Purpose 1. The purpose of this paper is to provide a brief on the Convention on Facilitation of International Maritime Traffic 1965 (FAL Convention). It serves to simplify and minimise the formalities, documentary requirements and procedures associated with the arrival, stay and departure of ships engaged on international voyages.
Overview 2. The FAL Convention was originally developed to meet the growing international concern about excessive documents required for merchant shipping. Traditionally, a large number of documents are required by customs, immigration, health, quarantine and other public authorities pertaining to the ship, its crew and passengers, baggage, cargo and mail. Unnecessary paperwork is a problem in most industries, but the potential for red tape is probably greater in shipping than in other industries because of its international nature and the traditional acceptance of formalities and procedures.
3. The Convention emphasises the importance of facilitating international maritime traffic and demonstrates why authorities and operators concerned with documents, should adopt the standardised documentation system developed by IMO and recommended by its Assembly for worldwide used.
4. The Annex of the convention contains rules for simplifying formalities, documentary requirements and procedures on the arrival and departure of ships. It reduces to eight the number of declarations which can be required by public authorities, as follows: i. General Declaration, ii. Cargo Declaration, iii. Ship’s Store Declaration, iv. Crew’s Effects Declaration, v. Crew List, vi. Passenger List vii. Dangerous Goods Manifest viii. Declaration required under the Universal Postal Convention ix. Declaration required by the International Health Regulations.
Secretariat of the Pacific Community 25 March 2009
25 Annex 6
5. This convention has made an important contribution to the removal of trade barriers saving time and quick turnaround for international ships in ports.
6. There have been a few amendments to this Convention such as:
a) Permitting the use of automatic data processing; b) Facilitating the clearance of passengers, including elderly and disabled persons; c) Prevention of unlawful acts against maritime safety and the control of illicit drug trafficking; d) Clearance of cargo, passengers, crew and baggage, ship arrival and departure requirements and procedures, public health and quarantine, including sanitary measures for animals and plants; e) Further measures of facilitation for crew members of ships engaged on international voyages, shore leave, clearance of import cargo, national facilitation committee, introduction of new standards regarding inadmissible persons and new recommended practice on immigration pre-arrival clearance; and f) Additional information on IMO FAL forms, shipping marks, IMDG Code’s documentation of dangerous goods shipment and list of certificates and documents required to be carried on ships.
Background
7. In practice, national administrations have always applied complex sets of regulations for shipping in the areas of customs, immigration, health, quarantine, narcotic trafficking and border security to name a few. Therefore, a vessel calling into several international ports may be requested to complete numerous forms that vary from port to port but that require similar information. This often results in ships and cargo being delayed, and consequently, resources being wasted.
8. The positive impact of these measures result in minimising trade transaction costs, including quick turnaround and costs saved due to a standardised system for clearing ships with standardised and harmonised documents (FAL forms) which minimise language barriers, are easy for stakeholders (ship’s Masters, shipping Agencies, Stevedoring company, Custom Brokers, Government Agencies, Authorities ) to understand and can be used for the electronic transmission of information and automatic data processing. Information sharing at the regional and international levels can be effectively executed.
9. Australia, New Zealand, Fiji, Marshall Is, Samoa, Tonga and Vanuatu are party to this Convention through accession but many have still not moved forward to implement the standardised system.
Recommendations
11. The Ministers of Maritime Transport are invited to:
a) Support further development of systems to implement this Convention with standardisation of clearance papers for ships that arrive from overseas ports; and
b) Encourage other Pacific countries to take appropriate steps to accede to this Convention for ease of trading in Pacific Island Countries.
Secretariat of the Pacific Community 25 March 2009
26 Annex 7
SPC/RMMT(2) Ministerial Paper 3 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 3 – SEAFARER EMPLOYMENT
Purpose
1. This paper highlights the importance of seafarer employment to national economies and the continuing development of regional systems and processes for international employment security in the maritime sector.
Background
2. The sea is the most significant geographical feature of the Pacific region. It is by sea that most international trade and commerce are conducted and that goods reach regional and national markets. Ships and seafaring are fundamental Pacific traditions. Most Pacific Island countries and territories (PICTs) rely on the sea for sustenance (fisheries), coastal transportation and employment in shipping or on fishing vessels. 3. In 1995 the International Maritime Organisation (IMO) decreed that all seafarers wishing to be employed on vessels that trade internationally must gain certification from a recognised training provider under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978), amended 1995 (known as STCW-95). The 1995 amendments required the development of effective legislative and quality management systems by signatories to ensure that seagoing personnel are competent in a number of prescribed functions for their position. Maritime administrations and training institutions in each applicant country were required to submit documents giving evidence of the existence of comprehensive systems for the administration and operation of seafarer licensing, compliance with international conventions, training and assessment. Applications were reviewed by a panel of external verifiers and in many cases, applicants were required to refine systems or develop additional measures before they were accepted as being compliant. Those countries ultimately deemed to be in compliance are identified in a published list known as the ‘white list’. Failure to comply is likely to present considerable difficulties both to ships and seafarer licence holders of the relevant state seeking to participate in international maritime trade. 4. To ensure maritime training institutes can provide appropriate, accredited training to seafarers and to strengthen their capacity to respond to changes in the maritime sector by changing existing curricula or developing new curricula, RMP conducts skills training for heads of schools and tutors. 5. Emerging international requirements that impact on seafarer employment include: • Seafarer ID for shore leave for seafarers and access to ships • International Ship and Port Facility Security (ISPS) Code amendments and updates • STCW review and update
6. STCW training course modules for security personnel (ship security officers) have been developed and circulated to MTIs. This links in with the ISPS Code requirements under the Safety of Life at Sea (SOLAS) Convention which has been updated to current international standards.
Secretariat of the Pacific Community 1 25 March 2009 27 Annex 7
7. In order to ensure that seafarers have the right documentation to accurately reflect their qualifications, the Secretariat of the Pacific Community (SPC) Regional Maritime Programme (RMP) has embarked on a project for printing tamper-proof certificates that PICTs issue. This technology, called TARDIS, has been in use by other countries around the world for years now and is also part of what sovereign nations utilise for national passports. The current Pacific Islands system of entering data into the SPC RMP developed Neptune database at maritime administrations, which retain issuing authority responsibilities, has been modified to enable SPC RMP to act as a regional printing centre for seafarer certificates of competency as well as employment record books. 8. The review of STCW currently being conducted by IMO will filter into the regional structures and standards once finalised and prior to entry into force as the Pacific Islands maritime sector now has efficient and effective mechanisms in place through the Pacific Islands Maritime Association (PacMA) subcommittees to implement standards and update existing systems and processes. 9. The International Labour Convention on Seafarer Identity Documents (ID) known as C185 is highly technologically prescriptive but some components have already been integrated into the TARDIS and Neptune databases. Once C185 enters into force, PICTs will have no option but to comply with these international requirements. SPC RMP is continuing to work with the PacMA Maritime Education and Training (MET) subcommittee to implement measures that will not disadvantage Pacific Island seafarers from gaining and maintaining employment security on vessels that trade internationally. 10. The collation of regional data on seafarers who are employed can prove to be a useful planning tool as well as potential marketing of available officers trained to international standards. The SPC RMP databases could be utilised by PICTs as a backup of their own databases and for regional analyses that could essentially track, confirm and market Pacific Island seafarers.
Recommendation
11. The Ministers of Maritime Transport are invited to:
a) Note the progress that SPC RMP is making to collate and analyse integrated data and information on MTIs and seafarers from PICTs; b) Endorse the move towards centralising at SPC RMP the printing of PICT tamper-proof seafarer certificates utilising TARDIS technology; c) Support the efforts made to maintain IMO “white list” status and for MTIs to train seafarers for international employment; d) Recognise that there will be a need to expand the regional integrated databases to incorporate the ILO seafarer ID system once Convention 185 enters into force; and e) Endorse the regional sharing of data and information on seafarer employment that could be utilised for planning or marketing purposes.
Secretariat of the Pacific Community 2 25 March 2009 28 Annex 8
SPC/RMMT(2) Ministerial Paper 4 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 4 –SHIPPING ISSUES
Purpose 1. This paper provides an update on shipping developments in the Pacific Islands region, which have been progressed by the Secretariat of the Pacific Community (SPC), in conjunction with the Pacific Islands Forum Secretariat (PIFS), with a particular focus on Small Island States (SIS).
Background 2. For the Pacific Islands region, shipping services are critically important in terms of everyday transport requirements and development aspirations such as trade. The issues surrounding a feeder shipping service to the SIS of Nauru, Kiribati, Tuvalu and Wallis & Futuna have been discussed at various regional meetings over the last few years. Since then, SPC’s Regional Maritime Programme (RMP), in collaboration with PIFS, has advanced several initiatives to support and address the needs of SIS in the shipping area. These have materialised in the form of training, advice and feeder shipping service studies. 3. The first feeder shipping service study, ‘SIS Feeder Shipping Service, from Fiji to Wallis & Futuna, Tuvalu, Kiribati and Nauru’, funded by PIFS, was completed by SPC RMP in June 2007. The study produced the following options: (i) Maintain the status quo, that is, SIS maintain existing services; (ii) Obtain a new ship through donor assistance, initially under a management arrangement with the Pacific Forum Line (PFL); (iii) PFL to reintroduce a feeder service with guaranteed slot agreements; (iv) Use existing capacity in Tuvalu and Kiribati, that is, the Moanaraoi could provide a limited service to Tuvalu, Wallis & Futuna and Nauru; (v) Establish a “regional shipping service agreement” - as the best long-term option. At the Pacific Islands Forum’s SIS Leaders Summit held in Niue in August 2008, the SIS Leaders directed SPC to progress work on three of the five options from above: (i) Obtain a new ship through donor assistance; (ii) Use existing capacity in Tuvalu and Kiribati, that is, the Moanaraoi could provide a limited service to Tuvalu, Wallis & Futuna and Nauru; and (iii) Establish a “regional shipping service agreement” - as the best long-term option. 4. To progress the existing capacity option, a second SIS Feeder Shipping Service report was completed by SPC RMP in October 2007 that explored the use of Kiribati-owned vessels (Moanaraoi
Secretariat of the Pacific Community 25 March 2009 29 Annex 8 and Nei Matangare) to provide shipping services to Tuvalu, Kiribati and Nauru. Furthermore, SPC RMP met with Kiribati shipping officials in October 2008 to take into consideration their concerns and issues on the matter. 5. To progress the acquisition of a new ship through donor assistance, SPC RMP completed a report in December 2008 that SIS could submit to donors for funding. The report was revised in February 2009 to incorporate updated figures used in the financial modeling. 6. In February 2009, an SIS Transport Ministers Meeting involving Kiribati, Tuvalu, Nauru and Marshall Islands was organised by SPC to progress the existing capacity option further as well as to bring to the table a draft shipping service agreement between Kiribati Shipping Services Limited (KSSL) and the concerned SIS. A major breakthrough was made when the SIS Ministers responsible for maritime transport in Kiribati, Tuvalu, Nauru and the Secretary of Transport of the Republic of Marshall Islands signed an SIS Ministerial Communiqué to agree on utilising KSSL to provide an initial short-term regional shipping service involving Suva, Funafuti, Tarawa, Yaren, and Wallis & Futuna (if they wish) to supplement their existing shipping services. 7. The SIS Ministerial Communiqué also requested that SPC and PIFS expedite work in: setting up a ‘Shipping Commission’, similar to the Micronesian Shipping Commission (MSC); the implementation of studies on hub ports in addition to commodity mapping and trade; as well as further analysis and costing for the provision of a donor funded purpose-built ship. Updates on ongoing initiatives were required to be presented to the Second Regional Meeting of Ministers for Maritime Transport scheduled to be held in May 2009 in Tonga. 8. Intertwined with improving SIS feeder shipping services in the region is having an understanding of and access to trading partners within the Pacific Island countries and territories from which SIS could source commodities at a cheaper cost. To facilitate the SIS request in this area, RMP embarked on data collection and analysis on potential commodities for trade in the region. 9. SIS shipping has been part of RMP’s core business and will continue to feature strongly on SPC’s agenda for 2009. Inter-agency collaboration is necessary to improve feeder shipping services and support from donor partners is vital to progress SIS shipping work in the region.
Recommendations 10. The Ministers of Maritime Transport are invited to:
a) Note the work being undertaken by SPC and PIFS to improve SIS feeder shipping services in the region; b) Recognise the SIS Ministerial Communiqué signed by Tuvalu, Kiribati, RMI and Nauru at the SIS Ministerial Meeting in February 2009; c) Recognise the feeder shipping service agreement currently in place between KSSL and the Governments of Tuvalu, Kiribati and Nauru; d) Approve SPC and PIFS to continue negotiations with SIS on the development of further regional SIS shipping service agreements based on the MSC model; e) Approve SPC to undertake necessary action to support hub port development in the region; and f) Urge donor partners to support the work of SPC and PIFS on feeder shipping services for SIS.
Secretariat of the Pacific Community 25 March 2009 30 Annex 9
SPC/RMMT(2) Ministerial Paper 5 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 5 – LEGAL ISSUES
Purpose
1. The first portion of this paper highlights the importance of ratifying or acceding to International Maritime Organization (IMO) and International Labour Organization (ILO) maritime legal instruments. It also aims to raise the profile of national legislation, especially the need for sound maritime or shipping policies prior to drafting robust shipping laws. The paper also includes an overview of relevant international maritime security laws and how it interfaces with counter terrorism conventions promulgated by the United Nations Office on Drugs and Crime (UNODC). 2. Secondly, it provides an insight into the constraints and challenges of implementing international conventions into national legislation. Primarily, it focuses on the obstacles and hurdles faced by government agencies in enacting legislation as well as highlighting the difficulties of adopting international conventions into national or domestic laws. 3. These overlapping legal regimes will have an impact on various national priorities of Pacific Island countries and territories (PICTs) where, if not carefully analysed with necessary national plans and laws implemented, PICTs will be exposed to certain risks. For instance, the noted trend of Small Island States (SIS) continuing to crave venturing into Open Registries motivated primarily as a potential source of revenue. However, such commercial ventures are always bound to responsibilities and obligations that may be too onerous for any new establishment. The application and enforcement of maritime law and governance is generally ineffective and varied within PICTs which could lead to non-compliance with recognised international standards and practices.
Background
4. Shipping by its very nature is international and relevant International Maritime Organization (IMO) and International Labour Organization (ILO) instruments and best practices must be adhered to by PICTs as a means not only to facilitate trade and commerce but to contribute to economic growth within the region. IMO instruments as far as it relates to the maritime sector, reinforces security of maritime transportation through introduction of additional offences as a means to counter and prosecute terrorist activities. However, some of the conventions are generally deemed Euro-centric and therefore pose real challenges for PICTs. The region, especially state parties to IMO/ILO instruments needs to abide by the minimum standards set up by such conventions, codes, resolutions, recommendations or amendments. However, the rate of adoption and implementation is fairly slow especially for SIS due to lack of resources, expertise and sometimes lack of confidence to take on responsibilities. Those states with open registries have taken responsibility to ensure that they ratify all
1 Secretariat of the Pacific Community 25 March 2009 31 Annex 9 major IMO/ILO instruments otherwise their ships may be at risk of not being able to trade internationally. In spite of recent maritime incidences involving ships registered under couple of relatively new Open Registries, there is still the desire by some to set up Open Registries. Some have done so as it is ultimately a political decision. The preferred or recommended approach is to have national laws in place prior to ratifying international instruments but this does not seem to be the pattern with some PICTs. Domestic shipping in some PICTs presents a risk in terms of not following the national regulatory regime. This is further compounded by the lack of policy direction for maritime transport in the region.
5. The Pacific International Maritime Law Association (PIMLA) and the Secretariat of the Pacific Community (SPC) Regional Maritime Programme (RMP) continue to advocate the promulgation of PICTs maritime shipping policies as a pre-requisite to drafting maritime legislation. A strong and balanced maritime shipping policy that moulds well into PICTs national priorities or National Strategic Plan must have provision to introduce where necessary the “second-tier maritime rules” as a way forward. Basically this is a mechanism whereby cabinet/parliament delegates limited powers to the Chief Executive Officer of maritime transport (as the prevailing technical person in the position because Ministers change over time) to promulgate and sign off on minor changes or emergency rules to improve the rate of enactment of legislation. Some PICTs may already have similar provisions in place through its existing regulations but have not applied or enforced them effectively. This will pose practical challenges for some PICTs who may need to amend relevant legislation to accommodate the provision of second-tier maritime rules but RMP is working on supportive strategies based on what is currently used in Pacific Rim countries.
6. Incountry compliance with national maritime regulations is in some cases poorly enforced in part due to a lack of updated legislation and also the lack of an enforcement regime with appropriate penalties.
Introduction
7. With regard to the constraints and challenges of implementing international conventions into national legislation, two issues need to be considered for the slow pace of regulatory process. Firstly, few conventions come into effect immediately. It usually takes on average a period of 5 – 7 years before it enters into force. The internal procedures on treaty ratification differ significantly from one state to another, and some of them may be particularly lengthy and complicated. Ultimately, much depends on government will, governance polices, and other competing pressures and commitments. Secondly, the coming into force of a convention does not necessarily imply its effective enforcement at the national level. There are also delays in the process of implementation due to scarcity of civil servants or through an inefficient bureaucracy.
8. The paper discusses in more detail some common legal constraints and challenges that can be narrowed down to the following: lack of resources; technicality and complexity; time factor; competition from other duties; parliamentary process/scrutiny; and lack of political will.
Lack of resources
9. This involves personnel, finances and material/equipment. There is a lack of trained people who can draft legislation. It is a specialised legal skill that not every lawyer has mastered. Some jurisdictions have a draftsperson or parliamentary counsel but that does not necessarily mean that the
2 Secretariat of the Pacific Community 25 March 2009 32 Annex 9 individual is familiar or experienced in maritime, fisheries, taxation or environmental legislation and instruments. There are insufficient funds to support a full-time draftsperson or parliamentary counsel in some jurisdictions so legislation is not drafted internally but instead is provided by regional organisations, eg. SPC regarding maritime matters; FFA1 with fisheries and PIFS2 with extradition and some criminal legislation.
10. In some cases, training opportunities are not available and where training courses are provided, lawyers are not interested, not available or it is just not a career path. Drafting is a highly skilled craft and for most Pacific Island lawyers, it is a side task that one has to learn as part of the job.
Technicality and complexity
11. International conventions are not easy to understand especially technical conventions from IMO, ICAO3, UNEP4, ILO, UNODC and other technical United Nations organisations that produce and adopt conventions to regulate activities in their specialised areas of focus. The language can be confusing and highly technical. It is complex for any person who is not familiar or experienced in that particular field and the legal draftsperson may not be familiar with such technical international conventions so it therefore becomes difficult to capture the essence, substance and objectives that require transformation into domestic legislation. Hence, it becomes quite a lengthy task to convert this into draft legislation whereby the end product might not be accurate enough to comply with the requirements of the convention. It also requires extensive consultations by the Attorney-General’s Office and the government agency responsible for that international convention.
Time factor
12. Translating international conventions into domestic laws takes a lot of time and effort. From the time it is adopted and opened for signature to the coming into effect at the national level depends on the ratification procedures, drafting and the parliamentary process. Each stage takes time and coupled with other constraints, eg. complexity of the convention, it becomes a formidable problem for any administrator to overcome.
13. This constraint runs through to other agencies that are involved in the process of translating conventions into domestic laws. They have other responsibilities and obligations that they have to meet and discharge. In some cases, the legislative process is a “time filler”, which means that it fills the time in between major or main responsibilities. It is not the priority of that person and if so, it is usually low to medium priority.
Competition from other duties
14. The proposed maritime legislation then faces competition from other pieces of legislation from other government agencies. If the instructions on the proposed legislation are not sufficient or clear enough, the draftsperson will move to another piece of work and the maritime legislation has lost out to the competition. In other words, even when you finally get to put your request in front of the parliamentary counsel, that is no guarantee that the maritime legislation will be given undivided
1 Forum Fisheries Agency based in Honiara, Solomon Islands 2 Pacific Islands Forum Secretariat, based in Suva, Fiji 3 International Civil Aviation Organisation 4 United Nations Environmental Programme 3 Secretariat of the Pacific Community 25 March 2009 33 Annex 9 attention. It is of paramount importance therefore that any Ministry or Government Agency that requires legislation to be drafted must ensure that all relevant details for the compilation of drafting instructions as per Attorney General’s Office manuals5 are met.
Parliamentary process
15. The parliamentary process also takes time as Parliament does not sit regularly and sessions can be few and far between. Certain procedures are required before legislation gets to Parliament where Cabinet needs to approve the draft and if it fails then it is referred back to the ministry for remedial action. In some cases, this requires translation into the local language before it goes to Parliament, which is the case in Samoa and Tonga. The process is usually scheduling prior to the first reading and debates from thereon. Once it is enacted by Parliament, it needs to be gazetted or accented to for entry into force.
Lack of Political will
16. Governments in some cases do not necessarily see the benefits of international conventions. However, they find that the cost/benefit analysis is a financial burden on their meagre resources.
17. The lack of a maritime transport policy demonstrates that the government is not concerned with transport issues. Legislation on transportation is therefore based on “a need to have” basis. In some cases, maritime transport does not feature as a priority in the government’s programme of action.
18. In the absence of public pressure the government does not see any need to deal with matters that are not of public interest. In cases where there are government policies, other constraints prevent the implementation of those policies. However, the lack of political will is primarily the main constraint in implementing and incorporating international conventions into national legislation.
Suggested approaches
19. Government agencies need to consider working from a well-drafted plan of action such as a maritime transport/shipping policy that directs and visualises the goals and objectives of the Department. Such an approach can prioritise the regulatory work and requirements of the government agency. a) Establishing a good working relationship with the Parliamentary Counsel or Legal Drafting Office will also assist in raising priority. b) A legal adviser who is familiar with maritime issues could also facilitate and alleviate some of the delays in processing and drafting national legislation. c) The assistance of generic model legislation that RMP is providing6 has greatly facilitated the implementation process. This needs to be supported and encouraged by maritime administrations and legal advice available in the region needs to be promoted and fostered by national governments.
5 Attorney General’s Office in Samoa has recently launched (end of 2008) a Manual for drafting legislations where all Government Agencies have to follow otherwise their legislations will not be given priority status by the legislative drafters at the Attorney General’s Office. 6 PIMLaws (formerly called PIMLAR). 4 Secretariat of the Pacific Community 25 March 2009 34 Annex 9
Recommendations
20. The Ministers of Maritime Transport are invited to:
a) Endorse the importance of acceding to relevant IMO and ILO maritime instruments and giving due regard where applicable to counter terrorism instruments as they impact on the maritime sector so that PICTs can realise and utilise the benefits contained therein;
b) Note the ramifications of operating an Open Registry especially concerning the obligations and responsibilities of the flag state;
c) Support the ongoing efforts to have relevant and updated maritime shipping policies in place as a condition precedent to drafting laws in country to ensure compliance with relevant international instruments;
d) Encourage the introduction of second-tier maritime rules as a means of enhancing the adoption of relevant and updated maritime rules;
e) Support and encourage the use of maritime legal expertise available in the Pacific Islands region;
f) Consider reforming where necessary internal ratification procedures and encourage effective enforcement and solutions to address them;
g) Endorse the need for rules to be enforced for the general safety and security of maritime transport and support the review of penalties for breaching laws to encourage compliance;
h) Note the concerns and constraints of implementing legislation to incorporate international conventions into national laws; and
i) Consider various options or suggested approaches and decide which is most effective to translate international instruments into domestic laws.
5 Secretariat of the Pacific Community 25 March 2009 35 Annex 10
SPC/RMMT(2) Ministerial Paper 6 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 6 – ADMINISTRATION ISSUES
Purpose
1. This paper serves to outline the work that has been carried out in the Maritime Sector of the Pacific Islands region on maintaining compliance and monitoring. Changes to the work culture in the maritime sector are being promoted to a more quality controlled structure because safety, security and business excellence are the way forward in the various fields of operations the maritime sector is engaged in. More and more shipping is directed by international instruments where non-compliance is not an option.
Background
Maintaining compliance
2. Maritime administrations of Pacific Island countries and territories (PICTs) are vested with the responsibility of ensuring compliance of their respective Contracting Governments to the International Maritime Organization’s (IMO’s) conventions and codes. These international instruments set out the standards of safety, marine pollution, trade and security on international trading ships and international declared ports in the region.
3. The Regional Maritime Programme (RMP) of the Secretariat of the Pacific Community (SPC) together with the Pacific Islands Maritime Association (PacMA) have been the prime movers of training and assisting maritime auditors in the region to qualify and carry out controlled and systematic evaluations of operations in the maritime sector. There is international acknowledgement and recognition of the regional audit regime that has been implemented in the Pacific Islands region under the SPC Auditing Standards since 2005. The standard is based on ISO 19011, 2003 (Guidelines for Quality and/or Environmental Systems Auditing). The standards also require that regular upgrading training must be carried out with practising auditors and this is being conducted with the involvement of lead auditors and members of the PacMA Audit Subcommittee during the annual advanced auditors training courses.
Monitoring
4. There are three categories of auditors that have done training under the regional audit regime. These include maritime auditors, security auditors and business excellence auditors. A total of 120 auditors have been trained altogether since 2001. Of these, 89 are known to be actively involved in the evaluation process. The trained auditors are well distributed throughout the island states of the region. Currently the emphasis has been to carry out check audits on those who have achieved the qualifying
Secretariat of the Pacific Community 25 March 2009
36 Annex 10
number of audits to take up lead auditor status. Seven experienced auditors have undergone the check audit and are now qualified to lead audit teams. The SPC Auditing Standards require that a qualified lead auditor is the only one who can lead an audit if the audit time of the trainee auditors and auditors are to count. SPC-RMP is therefore encouraging maritime entities and institutions to put in requests for lead auditors when there is a need to conduct internal audits in-country. This capacity building process will speed up qualifying times for auditors in each member country thus enabling them to stand alone in the near future. In the past two years fifty audits were carried out throughout the region. Of these, thirty-one were security (ISPS – International Ship and Port Facility Security Code) audits, ten were safety related, seven were check audits and two were business excellence audits. RMP maintains the audit manager function of this process and is annually audited under the business excellence (Australian) framework.
5. The three main areas that are currently being monitored are safety of people, property and environment, security of sea ports and ships and business excellence in administrations, ports and shipping companies. RMP together with PacMA have been instrumental in maintaining the standards and quality of operations in the maritime sector of the region through timely completion of the audit process. The team has introduced a programme whereby the first team goes in by invitation and helps to identify system weaknesses through an initial audit, then a different team travels incountry to assist with corrective actions to improve the system followed by a third team to review the corrective actions in a followup audit thus completing the audit process.
6. All member countries have maintained their “white list” status having successfully completed the STCW Code requirement for the five yearly independent evaluations of the maritime administrations and maritime training institutions. The completion reports were submitted to IMO for final assessment. There were nine requests for STCW audits in the last two years. It is important that PICTs’ maintain their ‘white list’ status for continued international recognition of certificates of competencies that are issued by SPC member countries.
7. Almost all the major ports as well as several secondary ports of the region have been audited for ISPS Code compliance. Security systems in the sea ports of the region have improved through the current monitoring system. A requirement of the ISPS Code is for all port security systems to undergo regular review, and consequently the Pacific Islands audit regime has begun a second round of audits of major ports whilst also looking at other smaller ones. In line with international audit best practices, this second round of audits are focused on the more important selective areas of the port security plans and the evaluations are quite indepth.
8. At the request of member countries through PacMA, RMP organised assistance in developing quality operating procedures for maritime and port administrations in their various entities. Several countries have implemented these operating systems and towards the end of 2008 two countries have been audited against the Business Excellence Framework. In keeping with one of the objectives of PacMA, that of utilising expertise from the region, RMP identified some best practices in shipping regulation and operation that have been developed by member countries. In true Pacific spirit these SPC member countries granted RMP permission to share their best practices with others in the region thus maintaining equal high standards all round.
9. Some of SPC’s larger member countries have taken steps in the new direction of safety for local trading vessels. They have introduced a Safe Ship Management System whereby all aspects of the ships operations are controlled by a set of quality procedures. The ships operations are audited against those procedures and against known best practices. The ships involved in this exercise consist of those in the tourism industry which have to maintain a very high standard of safety and roll-on roll-off ferries which have seen a considerable growth in size and number lately.
Secretariat of the Pacific Community 25 March 2009
37 Annex 10
10. The International Labour Organization (ILO) Maritime Labour Convention (MLC) 2006 has been integrated to include all previous and updated maritime related conventions except for the seafarer ID – C185. The objective of MLC to certify the working and living condition of all ships over 500 GT in international trade. Although the MLC is not yet in force, the certification process will be similar to ISM and ISPS for ships, and the certificate will have 5 years validity and the process will include interim, initial and intermediate inspections.
Recommendations
11. The Ministers of Maritime Transport are invited to:
a) Support the implementation of the quality systems in the operation of maritime and port administrations for better coordination and monitoring of the entities work programmes; b) Endorse the work of the Regional Maritime Programme and the Pacific Islands Maritime Association in promoting better work management in the maritime sector through the audit regime; c) Recognise the high standard of auditing and training to international standards that contributes to achieving the goal of Pacific Island maritime personnel administering their own affairs; and d) Note the work of ILO Convention 185 and its potential impact on seafarer licence procedures once the measure enters into force.
Secretariat of the Pacific Community 25 March 2009
38 Annex 11
SPC/RMMT(2) Ministerial Paper 7 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 7 – TRAINING ISSUES
Purpose 1. This paper provides a brief overview of the training courses collaboratively developed and delivered by SPC RMP for maritime training institutions (MTIs) and relevant maritime authorities of its member PICTs. The information highlights the effective collaboration, implementation and monitoring of systems and standards that PICT maritime industry proponents have implemented to ensure that the benchmark set by international standards are reflected in the region’s maritime sector which directly or indirectly affects livelihoods, social and economic development.
2. The information covers training in the areas of MTI heads and lecturers; maritime administrators; maritime auditors; port and ship security personnel. General information is provided on: • Work done by PacMA’s MET (Maritime Education and Training) Subcommittee • Seafarers’ database - Neptune • SPC RMP objective to ensure that member countries and territories (MTIs and industry) have adequate systems and standards in place to adhere to international requirements (IMO, ILO and other relevant international agencies).
Background Maritime Training Institute Heads and Lecturers 3. The need for adequately qualified lecturers to fill teaching positions in MTIs has prompted SPC RMP to ensure that training is provided for lecturers from the region. In addition to train-the-trainer courses provided for the lecturers, SPC RMP continues to arrange for heads of MTIs to serve attachments with other MTIs in the region that teach to higher level certificates, usually class two and one level. This initiative has enabled MTIs in the region to have lecturers with teaching, assessing and examining qualifications in addition to their seafaring experience.
Maritime Administrators 4. In order for maritime administrators to continue making informed decisions in their areas of responsibility, training has been organised in the areas that come under their responsibility, namely flag state implementation, STCW1 certification and the International Ship and Port Facility Security (ISPS) Code Designated Authority responsibilities. 5. Examiners and assessors training was provided to enable those in maritime administrations to acquire the proper skills to conduct examinations for the Department of Transport to issue certificates to
1 International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers 1978 as amended 1995
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all levels and capacities of crew, including ratings, officers, masters and engineers. In addition to the regional training conducted, surveyors from PICTs were sent on attachments to New Zealand and Australia for port state control training.
Maritime Auditors 6. SPC RMP in conjunction with the Pacific Islands Maritime Association (PacMA) introduced an audit regime to effectively implement and monitor systems that were required to maintain compliance with international standards. Audits are conducted to ISO 19011:2002 criteria as outlined in the regional auditing standards and are of great benefit to the region’s maritime institutions and industry. Training of maritime auditors was introduced so that PICTs could have systems uniformly implemented and monitored across the region. Trained and qualified maritime auditors from the Pacific Islands region have been involved with in-country audits to gain the experience that can be used within their institutions. Auditors who have been trained range from those who work in maritime administrations, MTIs, ports and shipping operators.
7. In addition to the safety and security audits, SPC RMP has also embarked on initiatives like business excellence audits and further training of auditors to the status of lead auditor level. The former scheme, namely the introduction of business excellence audits, has primarily focused on improving governance, accountability, success and sustainability for the regions maritime administrations and institutions. Based on the Australian framework, benchmarking is gradually but surely improving Pacific maritime business systems to those of global best practice.
8. The maritime audits implemented currently cover the areas of: • ISPS Code designated authority responsibilities, • ISPS Code port facility security and ship security, • STCW for maritime administrations and MTIs, • ISM audit for ships and the operators, and • Business excellence audit for maritime administrations
Port and Ship Security Training 9. The need to have secure borders and ISPS Code compliant port facilities in order to facilitate international sea trade, has resulted in ongoing assistance from SPC RMP through training of PICT port facility security officers and port security guards. Training of port security guards has been further enhanced with the training module, including lecturer guidelines, which were reviewed and developed by SPC RMP.
10. Regional training of port facility security officers were organised to train them to conduct their own incountry training of their port’s security guards. Furthermore, incountry security training and awareness for port security guards in the areas of biosecurity and immigration are ongoing efforts that SPC RMP continues to implement.
11. Foreseeing the intention of IMO to make amendments to the STCW training requirements, SPC RMP has developed STCW compliant training modules to reflect ISPS Code requirements in; • security familiarisation, which will become a compulsory component of the pre-sea familiarisation training in addition to other supplementary training courses; • Ship Security Officer lecturers’ training guide, which provides guidelines to assist MTI lecturers to be able to teach Ship Security Officers their responsibilities under STCW and ISPS Code requirements; and
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• Port Facility and Company Security Officer’s training, whereby the modules were reviewed and developed to meet international training requirements.
12. Economical benefits are gained by PICTs when Pacific Islanders seek employment on ships that sail on international routes, thus SPC RMP continues to provide training courses for ship security officers and recently, the course has been upgraded to meet STCW requirements.
MET Subcommittee Achievements 13. PacMA’s MET subcommittee achieved its mandate to develop a regional certificate structure, which was aimed at having a uniform minimum standard of training and certification for the region that complied with IMO’s STCW requirements. MET also successfully reviewed the training modules and record books utilised in MTIs which promotes easier compliance with STCW standards.
14. Recently, the MET subcommittee was tasked to compile a regional examination databank which can be shared by the regions MTIs. The region working together in collaboration with SPC RMP, and using its pool of experts, has been able to move ahead successfully to address national, regional and international seafarer training requirements.
Neptune seafarers’ database 15. With the ILO (International Labour Organization) Seafarers’ Identity Documents Convention soon to enter into force, the region has taken the initiative to have the beginnings of a centralised system established with support and training from SPC RMP. The regionally developed Neptune seafarers’ database has been upgraded for maritime administrations and MTIs to keep track of their seafarers’ details, registered vessels that they serve seatime on for practical experience and certification according to STCW requirements. Now that most areas of the region are linked via internet, the standalone databases in PICTs can be linked into the regional system hosted at RMP with secure access for authorised maritime personnel from member countries and territories to their national information. This integrates well into regional analyses, promotion of seafarer employment opportunities overseas and can easily be expanded to feed raw data to the highly prescribed ILO system to implement the seafarers’ identity document convention.
Recommendation 16. The Ministers of Maritime Transport are invited to:
a) Strengthen support, including as necessary through other relevant Government ministries and agencies for existing maritime training institutions and maritime skills development in the Pacific Islands region; b) Explore means whereby employment opportunities might be improved and incentives made available to employers who employ Pacific Island seafarers; c) Recognise and support the regional collaborative effort by the region’s ports, maritime administrations and MTIs that work together to address international issues and meet international standards; and d) Endorse progress and implementation of SPC’s integrated maritime databases that support the maintenance of a centralised regional system.
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41 Annex 12
SPC/RMMT(2) Ministerial Paper 8 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 8 – PORT ISSUES
Purpose
1. This paper provides a brief overview of key issues that impact ports in the Pacific Islands region, including: • Pilotage; • Port worker training standards; • International Maritime Organization’s (IMO) Convention for the Control and Management of Ship’s Ballast Water and Sediments (2004) including the impact of harmful aquatic organisms which are transferred via ship’s hulls; • Gas emission from ships that contributes to the global warming issue; and • Tariff setting mechanisms.
Background
Maritime Pilots
2. Maritime pilots play an important role in promoting maritime safety in ports and protecting the marine environment. Maintaining an efficient bridge team among the port pilot, the master and the officer in charge of a navigational watch is very important to ensuring the safety of shipping. 3. There is no separate international convention for pilotage, since each PICT pilotage area requires highly specialised experience and local knowledge on the part of a pilot. IMO does not intend to become involved with either the certification or the licencing of pilots or with the system of pilotage practiced in various states, rather, it provides only a few regulations, recommendations and guidance in the International Convention for the Safety of Life at Sea (SOLAS) 74 and the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 98 as amended as well as Pilot Resolution 960. 4. Reports of accidents from ports and maritime administrations in the Pacific are rare but evidence of actual accidents or incidents are revealed from expensive damage to wharves, pollution of the oceans, ships grounded and then refloated as well as many wrecks on the reefs and in navigational channels.
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5. The result of worldwide competition among shipping companies and ports are more ships which are getting larger in size with deeper drafts, forcing wharves to be extended in order to accommodate them. Around the world, maritime incidents and accidents are increasing in number. A significant number of these accidents involve pilots being onboard and this worries many ship owners and their associations. Consequently, IMO has been approached for assistance. In 2003, IMO produced Resolution 960 as recommendations for pilots. Approximately only 20% of PICTs have proper pilot regulations in place, therefore this is a suitable time to review and produce a proper set of pilot regulations for the region. 6. The majority of maritime administrations in PICTs have requested the promulgation of pilotage regulations which proves that there is an urgent need of such. During the Port Management Seminar for ports managers in October of 2008, the Pacific Countries Ports Association (PCPA) proposed the establishment of a regional pilot body that could perhaps be housed as a subcommittee of PCPA. 7. All pilots in the Pacific should be adequately trained and regularly upgrade their knowledge as is expected of professionals. Proper pilot procedures as detailed by IMO in the pilotage recommendation should form a guideline for this process. Pacific Port Worker Training Standards 8. The training programmes designed by PICTs vary throughout the region. In the pursuit of a competitive edge over their neighbouring countries, some port authorities have engaged offshore trainers to enhance their training programmes while at the same time improving the safety, productivity and efficiency of port workers at all levels. 9. The Pacific Port Worker Training Standards were initially drawn up as a result of a decision by the Pacific Countries Ports Association (PCPA) at its conference in Gladstone, Australia in 1991 where it was decided to develop uniform, minimum standards of training and certification for those staff involved in the port areas of member countries of the Pacific Islands Forum Secretariat. 10. In 2007, SPC RMP, as the secretariat for PCPA, initiated the review of the Pacific Port Worker Training standards 1996 edition. This entailed the inclusion of teaching content and reference material as opposed to topics only. The newly established PCPA training committee was mandated to work on the training standards in order to select the most appropriate modules, compile relevant teaching material and to conduct training. These modules will be available as training material for ports that have had no formal material developed for their port workers including stevedore companies. It is hoped that the standards assist in reducing the number of injuries to port personnel during cargo operations. The outcome of the training committee work was teaching material for seven modules of Volume 1, which includes an introduction, deck gear (parts 1 and 2), forklifts and mechanical ports, manual handling, dangerous cargo as well as container top safety. 11. Trained and experienced port workers are valuable assets, whose skill when harnessed properly can bring about increased efficiency in port operations. The Port Worker Training Standards of themselves are not legally binding but they provide a uniform set of standards set out in simple language that can be used by PICT ports as a basis for training port personnel. Ballast Water Convention and Invasive species 12. The Ballast Water Convention will enter into force 12 months after ratification by 30 states, representing 35% of the world merchant shipping tonnage, and as of 31 January 2009, only 17 contracting
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states had ratified it. The general objective is to prevent, minimise and ultimately eliminate the transfer of harmful aquatic organisms and pathogens through controlled management of ship’s ballast water and sediments, in line with international law. This will ensure that ballast water management practices do not cause harm to the environment, human health, property or resources. 13. Ships are required to be surveyed and certified and may be inspected by Port State Control Officers who can verify certificates and records. A sample of the ballast water could also be taken if there are concerns. Necessary steps need to be implemented to ensure that ships do not discharge ballast water in the ports. Some annexes and regulations for this convention outline that ships are required to have on board a ballast water management plan approved by the Administration. 14. The problem of invasive species is largely due to the expanded trade and traffic volume over the last few decades. The effects in many areas of the world have been devastating. Quantitative data show the rate of bio-invasions is continuing to increase alarmingly, in many cases exponentially, and new areas are being invaded all the time. Volumes of seaborne trade have continued to increase over the years and the problem has not yet reached its peak. Specific examples include Canada and the United States of America spending billions of dollars on pollution control and cleaning of fouled underwater structures and water pipes due to the introduction of the European zebra mussel. Similarly, the introduction of the American comb jelly caused the near extinction of anchovy and sprat fisheries. 15. The problem of harmful aquatic organisms in ballast water was first raised at IMO in 1988 and since then IMO's Marine Environment Protection Committee (MEPC), together with the Maritime Safety Committee (MSC) and technical sub-committees, have been dealing with the issue, focusing first on guidelines and then on developing the new convention. 16. In Pacific Island countries and territories (PICTs), ships that arrive from a high risk overseas port should raise an alarm with the maritime administration, port authority and quarantine. There are a few unwanted marine plants, animal and microbes being carried around the world attached to the hull of a ship in addition to being transported in ballast water. When discharged into new environments, they could become invaders and seriously disrupt the native ecology and economy by introducing pathogens that might cause disease and death in humans. One invasive species attributed to the ballast water is the black striped mussels that was first found in Darwin Marina in 1999 and is now found in Fiji and New Zealand. The striped mussels are a particular nuisance in that they rapidly multiply and attach themselves to virtually every surface. It is important for PICTs to monitor the introduction of these invasive species into Pacific waters because of the inherent risks to fisheries, tourism, marine projects, ports and coastal native seafood resources. Gas Emission from Ships 17. Around the world, including PICTs, ports contribute to the economic prosperity of each nation. With the increase in global movement of goods, some smaller ports need to undergo development to improve old and small existing wharf faces. However, ports also need to better balance their growth and development with environmental consideration. 18. Air pollution is common in ports, mainly due to activities related to increased goods movement, but there are methods available to prevent this escalation of emissions. The relevance to Pacific ports is evident in ratification of IMO’s MARPOL (International Convention for the Prevention of Pollution from Ships 1973 as modified by the protocol of 1978) Annex VI through accession. Cook Islands, Kiribati, 3 Secretariat of the Pacific Community 25 March 2009
44 Annex 12
Marshall Islands, Nauru, Samoa, Tuvalu and Vanuatu have acceded to this international maritime instrument. Although Annex VI of MARPOL 73/78 does not mention carbon dioxide, it concentrates on the content of gas emissions originating from international shipping into the atmosphere, namely sulphur oxide, nitrogen oxide and ozone depleting substances. Greenhouse gases have an adverse effect on the environment and PICTs need to legislate and implement strategies to minimise emissions from ports. 19. Today, ports are taking important steps to address air quality issues by reducing the negative impact diesel emissions has on the environment and public health. Port services strongly depend on the durability and strength of diesel engines used in forklifts, trucks, cargo handling gear and tug boats but they all contribute to the problem. However, the main source of pollution in most Pacific ports is large international vessels that arrive from overseas. 20. In the context of the ongoing efforts of the international community to address the phenomena of climate change and global warming and in light of the mandate given to IMO in the Kyoto Protocol to address the limitation or reduction of greenhouse gas emissions from ships, the MEPC made substantive progress in developing technical and operational measures to address such emissions, including the development of an energy efficiency operational index, with associated guidelines; an efficiency management plan suitable for all ships; and a voluntary code on best practice in energy efficient ship operations. 21. MEPC received information that Phase 1 of the 2001 IMO Study on green house gas emissions from ships, estimated emissions of carbon dioxide from international shipping both from activity data and from international fuel statistics was 843 million tonnes for 2007 (2.7% of global carbon dioxide emissions, as compared to the 1.8% estimate in the 2000 IMO study). For 2020, the base scenario predicts increases ranging from 1.1 to 1.3, taking into account significant efficiency improvements resulting from expected long-term increases in energy prices. 22. Port managers and stakeholders need to take action now and join forces to tackle climate change to save the environment. As stated, “think globally, act locally”. Studies have demonstrated that there is a significant reduction in air emission when vessel speed is reduced, which leads to improved air quality. 23. Ports could start introducing a voluntary programme of safe speed reduction for cruise and international ships when entering or leaving harbours by having a speed reduction zone in the port. Port operators could be encouraged to participate in this programme that will also promote safe navigation. 24. It will be too expensive for ports to replace the old cargo handling machinery at this stage, but they could plan for their future machinery needs and purchase equipment that is environmentally friendly. In addition, ports can put up an effective plan for service and maintenance of their machinery so as to reduce the release of black smoke within ports that are located in the heart of cities. Tariff Setting Mechanisms 25. The majority of ports in the Pacific Islands region are solely dependent on port operations funding their projects through daily cash flow. There are many factors that cash flow is dependent on, including port tariffs and the number of ships arriving in their ports as well as other factors. 26. During the port management seminar organised by SPC RMP in 2008, the PCPA’s finance subcommittee was revived and tasked to work on a regional minimum port tariff setting mechanism. The outcomes of the finance subcommittee meeting were as follow:
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45 Annex 12
1. A recommendation was made to standardise port tariffs across the region; 2. Reviews of port tariffs would be conducted every two years; 3. There was a need for a term of reference for the subcommittee; and 4. The opportunity to standardise finance accounting packages for all members.
27. After the port management seminar, RMP collected tariffs from ports in the region and compiled them into a single spreadsheet before distributing it to all PCPA members who were represented at the seminar. Port authorities are now comparing items in their port tariff with those of neighbouring ports to ascertain essential tariff setting criteria. Future progress would include a regional standard of minimum charges dependent on equipment available and actual costs incurred by the port.
Recommendations 28. The Ministers of Maritime Transport are invited to a) Note the importance of providing pilotage services to the highest professional standards;
b) Recognise the need for a competent pilotage authority which should set and ensure required training standards and issue pilot licences;
c) Encourage the use of generic pilotage regulations as developed in PIMLaws;
d) Direct port pilots and competent pilotage authorities for further strengthening their roles as it is important for PICs to conduct professional, safe pilotage services for customers;
e) Support the work that PCPA’s training committee is doing;
f) Endorse the Pacific Port Workers Training Standards;
g) Note the impact of unwanted invasive species that are transported via ship’s hulls or in ballast water with the potential to seriously disrupt local ecology, fisheries, tourism and marine projects;
h) Direct the development of a strategy to address clean air in seaports; and
i) Endorse a regional approach to tariff setting mechanisms for Pacific Island ports.
5 Secretariat of the Pacific Community 25 March 2009
46 Annex 13
SPC/RMMT(2) Ministerial Paper 9 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 9 – PACIFIC WOMEN IN MARITIME
Purpose 1. This paper provides a brief update on the mandate of the Pacific Women in Maritime Association (PacWIMA) and the impending merger of the Association with the Pacific Islands Maritime Association (PacMA).
Background
2. PacWIMA is the principal interactive forum to promote awareness and career opportunities for women involved in the maritime sector in PICTs. The Secretariat of PacWIMA is based at SPC’s Regional Maritime Programme in Suva, Fiji. The four main goals of the Association are to promote awareness of, and assist with: (i) gender equity and social responsibility; (ii) education, training and career opportunities; (iii) safe shipping/boating practices; and (iv) protection of the marine environment. 3. Given that there is a regional commitment on gender equity, and a Pacific Platform for Action that forms a regional counterpart to the global commitment on sustainable development through empowering women, it is important that there is a coordinated approach for keeping women employed in the maritime sector informed of opportunities or emerging issues. 4. The concept of a single Pacific Islands regional maritime conference comprising of members of the PacMA, PacWIMA, Pacific International Maritime Law Association, and Pacific Countries Ports Association was put forward to the four associations in November 2008. The concept received favourable response from the Executive Committees of the four associations with final decisions on the merger left for their plenary to make at the respective annual general meetings in 2009. 5. In February 2009, PacMA invited the PacWIMA membership to consider a merger with PacMA in the interim prior to the establishment of the integrated maritime conference so that the maritime administrations can provide a bit of traction to both the work that PacWIMA engages in as well as the acknowledgement of achievements and potential security of funding. PacMA, with women integrated into their subcommittees, would then be in a better position to fulfil IMO’s mandate on strengthening the role of women in the maritime sector. PacWIMA, at their Biennial General Meeting on 24 February 2009, agreed in principle to merge with PacMA, leaving the Executive Committees of the two Associations to progress the matter.
Recommendation 6. The Ministers of Maritime Transport are invited to: a) Support the development of Pacific women working in the maritime sector; and b) Endorse the merger of PacWIMA with PacMA as a first step towards strengthening the single maritime voice in the region.
Secretariat of the Pacific Community 25 March 2009 47 Annex 14
SPC/RMMT(2) Ministerial Paper 10 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 10 – TRANSPORT DIRECTORATE
Purpose
1. This paper provides an overview on the establishment of a transport directorate within the Secretariat of the Pacific Community (SPC) that could encompass maritime, aviation and road transport in addition to infrastructure, economic development and energy.
Background
2. The synergies between transport, infrastructure and economic development all point toward a more inclusive and wider approach to addressing the challenges within the Pacific. A clear option is to include all transport modes (maritime and aviation), infrastructure and economic development advisory and technical backstopping programmes within one directorate. The timing of such a move is being incorporated into the Regional Integration Framework (RIF) restructuring. Aviation and economic development from the Pacific Islands Forum Secretariat’s (PIFS) Economic Governance and Security Programmes respectively are being merged with the Secretariat of Pacific Community’s (SPC’s) Regional Maritime Programme (RMP) to provide a more coordinated approach to assisting the sector to meet international, regional and domestic priorities on a much more coordinated basis than that which currently exists. For similar reasons, a merger could also occur with the Energy programme of SOPAC. 3. SPC, SOPAC and SPREP are holding consultations on the rationalisation of SOPAC programmes and are progressing this through joint consultancies. The establishment of a directorate dealing with transport, infrastructure and economic development to be based at SPC has been agreed to by SPC and PIFS, with the functions for transport, infrastructure and communication to transfer to SPC during 2009. The PIFS transport work programme components and SPC’s RMP already work closely together, however the different organisations modus operandi sometimes hampers closer collaboration and the duplication of support functions such as administration and knowledge management, which means that costs are doubled. 4. At present the transport sector technical advisory support in the Pacific Islands region is fractured with different entities having different responsibilities for different modes of the sector. 5. The maritime sector is the most coordinated and the legal and policy frameworks that are in place means the sector can effectively and efficiently respond to international changes within the international maritime transport sector. The monitoring and compliance regimes in place along with the technical capacity building and technical backstopping available through SPC’s RMP ensures that the sector is able to meet the requirements of both the international maritime sector as well as the requirements of the domestic sector in each Pacific Island country (PIC). The maritime sector also has active regional associations dealing with different issues pertinent to maritime transportation.
48 1 Annex 14
6. The Aviation sector has struggled to provide a coordinated approach to international regional and domestic air services within the region and the establishment of the Pacific Aviation Safety Office (PASO) in 2005 was seen as a step in the right direction although with only 10 member countries there is still a long way to go to ensure a truly regional approach is taken to the aviation sector along similar lines as that of the maritime sector. Since 2008, PASO has been in talks with SPC in their drive to become part of the new directorate but consultations are still at an early stage between the SPC Executive and PASO Board. 7. The Pacific Plan highlights the importance of the sector and each development initiative mentions both aviation and maritime. Both modes of transport are vital to growth in economic areas such as tourism, fisheries and mining. 8. Both industries have the same challenges in the Pacific such as large distances, low volumes, high fuel costs, large infrastructure development and maintenance costs and an increasingly regulated operating environment. The other mode of the transport sector not covered on a regional basis is land transport and although a lot of the issues are different there are still synergies between the different modes. Similarities include long distances and costs of importing vehicles, high fuel costs, low quality fuel, poor maintenance and a brain drain where skilled automotive workers leave the Pacific for better jobs offshore. The land transport sector can be added to the division at a later stage when there are more appropriate harmonised reforms available for the sector. 9. Shipping has dominated the transport discussions agenda over the past few SIS Leaders meetings and Forum Leaders Communiqués. Identifying the fact that it was crucial that the 2009 SIS Leaders and Forum meetings provide definitive decisions on the way forward, SPC executive decided that RMP could expand its advisory services to other shipping companies with the establishment of a dedicated ship management unit within RMP. The provision of high-quality shipping company management and operational advice to PICTs would promote more efficient shipping services in the region. This function is being implemented with the recruitment of a Shipping Adviser in the interim until funding can be secured for a dedicated ship management unit. The Shipping Adviser position will take the lead in putting into action a range of solutions that collectively would sufficiently address the shipping service needs for PICTs, in particular SIS – under the supervision of the RMP Manager. 10. Infrastructure for both airports and seaports is a basic necessity for improving the delivery of air and maritime transport services. ICT infrastructure limitations in PICTs hamper the technological advancement and the development of effective delivery systems for communications, information and media. The impacts of infrastructure development also need to consider the environment and sustainability for reasons of economic dependence on the industries supported. 11. Energy is a part of infrastructure that deals with the sustainable production and provision or supply of power in its various modes, which impacts economic growth and future development of the Pacific Islands region. The security of energy supply is critical given the vulnerability of isolated Pacific islands and the need for protection or mitigation options against climate change, natural disasters, fragile environments, impacts of bulk petroleum supply chain and limited incountry capacity. 12. The Pacific Islands region already has a policy and strategic action plan in place for energy but efforts need to be coordinated for effective and harmonised implementation in a timely manner and within defined funding parameters. There are currently fragmented sectors within regional organisations that deal with infrastructure for transport, energy and ICT. A more coherent approach would be integration of delivery to PICT members of strategies outlined to provide solutions to critical infrastructure issues in the Pacific Islands region, inclusive of transport, ICT and energy.
49 2 Annex 14
Recommendation
13. The Ministers of Maritime Transport are invited to:
a) Note the progress that SPC, PIFS, SOPAC and SPREP are making to implement the Forum Island Leaders decision regarding the Regional Integration Framework exercise; b) Note the move towards synergising transport, infrastructure and economic development to provide a more coordinated approach to assisting the region address challenges; c) Note SPC’s focus on SIS shipping to promote management and operational efficiency with the Shipping Adviser position; and d) Note that infrastructure and energy are basic necessities for improving the delivery of maritime and aviation transport and hence strengthening economic development in the Pacific Islands region.
Secretariat of the Pacific Community 27 March 2009
50 3 Annex 15
SPC/RMMT(2) Ministerial Paper 11 ORIGINAL: ENGLISH
SECRETARIAT OF THE PACIFIC COMMUNITY
SECOND REGIONAL MEETING OF MINISTERS FOR MARITIME TRANSPORT
(Nuku’alofa, Tonga, 14 May 2009)
STEERING A SAFE COURSE THROUGH STORMY SEAS
AGENDA ITEM 11 – TARDIS SEAFARER CERTIFICATE PRINTING
Purpose
1. This paper provides an overview of the TARDIS technology that has been implemented upon request from members and the regional seafarer certificate printing service available from the Secretariat of the Pacific Community (SPC).
Background
2. In 2001, at the request of the Pacific Islands Maritime Association – PacMA (then known as APIMTIMA1) SPC’s Regional Maritime Programme (RMP) developed regional plans to best utilise regional resources to specifically guard against fraud and illegal use of seafarer certificates of competency. Members in their 2002 resolutions recognised the need for enhanced security of certificates and recalling the demonstration of security features of the TARDIS2 system and its compatibility with existing regional passport and maritime certificate systems, resolved that RMP should commence a project to work with the suppliers of the TARDIS system to develop a possible implementation plan for consideration at the 8th meeting of APIMTIMA.
3. At the 2003 meeting of PacMA (8th APIMTIMA meeting), a presentation on TARDIS technology by Mr Terry Hartman of TARDIS Technology Pty of Australia outlined the system, what it was and what it did as well as who its customers were. Special attention was drawn to the capability of the system with emphasis on the potential to minimise forgery and fraudulent use. Some benefits highlighted included meeting the International Maritime Organization (IMO) standards, passport grade security, passport sized book and secure laminates and labels. There was scanning of digitised photographs and signatures and linkages into the recently developed Neptune Seafarer Database that RMP had commissioned for secure storage of seafarer training and qualification information in PICTs.3
4. Following a review of RMP in 2003 aimed at streamlining the provision of services to the maritime sector, the following recommendation was made:
5. “RMP should consider whether the benefits of the Neptune database justify the provision of enhanced support to administrations in using this”.
6. The SPC response to this recommendation was that if RMP was to become involved in certification, the enhanced support was justified. RMP agreed that the Neptune database should be updated and integrated with the certificate and ID issuing system.
1 Association of Pacific Islands Maritime Training Institutes and Maritime Administrations 2 Travel and Related Document Issuance System 3 Pacific Islands countries and territories 1 Secretariat of the Pacific Community 30 March 2009 51 Annex 15
7. At that time, due to financial constraints that prevented RMP from tying up a substantial proportion of their budget in consumables (blank books, laminates, secure overseals etc used for printing seafarer certificates), PICTs were requested to contribute 50% of costs for the number of books and related material that they would require for their seafarers. When the agreed percentage of cost was not met up front, the project was shelved until such time as it became feasible. Unfortunately for the Pacific Islands region, this delay in implementation has proven costly as the entire system components and consumables has increased nine-fold since then.
8. At the 2005 PacMA meeting when the subject of secure certificates once again arose in light of the ILO4 seafarer identity document (ID) Convention 185, SPC reminded members that they had raised the issue of printing regional certificates from a regional database a few years ago as all systems could be maintained in a single database for certificates of competency and ID documentation. Member States could contract out such a system but quality needed to be established and maintained. RMP was willing to implement a request from PacMA to investigate further a standard package that could be attached to Neptune. RMP would also work with Australia, New Zealand and the United States Coast Guard (USCG) on this issue. Tonga proposed that RMP take on this endeavour, which was seconded by Solomon Islands and French Polynesia.
9. There was general consensus that perhaps the TARDIS system could be incorporated into the Neptune database model so as to issue secure certificates of competency as a passport style book with a photo ID to partially meet ILO requirements. The Chair proposed that RMP pursue the seafarer ID issue within the gambit of the ILO convention and 13 PICTs voted for this to be implemented.
10. In October 2007, the PacMA Executive Committee queried the MET (Maritime Education and Training) Subcommittee – formerly known as MEL5, on the progress of the TARDIS system being integrated with Neptune as the restructure of PacMA had led to MET being mandated to work with SPC RMP on certification issues. At this stage SPC was also requested to fund the development of seafarer service record books. The EC noted the report from MET that the implementation of the TARDIS system was still a work in progress with funding issues yet to be resolved but RMP were actively attempting to secure donor funding for the system.
11. The January 2008 Executive Committee meeting of PacMA was informed by Papua New Guinea (PNG) that they were having difficulty getting TARDIS responses to their request for implementation in PNG and this was backed up by RMP during their brief on the feedback regarding implementation of the TARDIS system for the region. However, later the same year, SPC RMP finally managed to source funding for implementation of the regional TARDIS system.
Current activities
TARDIS quotations and delivery
12. In mid 2008 SPC RMP went ahead with obtaining quotations then informing the PacMA Executive Committee who agreed it was best to proceed post-haste as the decision had already been taken at previous PacMA meetings.
13. TARDIS of Australia were contracted in August of 2008 and began negotiations with SPC on delivery milestones. In March 2009, the licenced TARDIS software was installed at SPC in a secure seafarer certificate printery room that contains all the blank consumables and equipment required to produce the tamper-proof documents. Initial training was provided to SPC staff who are operating the printing services for member PICTs. It was not until the end of April 2009 that delivery of all material and equipment was finalised with Fiji Customs clearance.
TARDIS implementation and printing
4 International Labour Organization 5 Maritime Examiners and Lecturers 2 Secretariat of the Pacific Community 30 March 2009 52 Annex 15
14. SPC is now offering the requested seafarer certificate printing service to members. This system basically meets the needs of PICTs in printing proper books of marine competency certificates. The legal authority for issuing, revalidating or renewing and endorsing the certificates will remain with the maritime administrations as per PICTs legislation and regulations. SPC RMP is simply offering a regional printing service, upon request, for smaller PICTs for whom the entire system is too expensive to establish incountry, considering the low numbers of seafarers in some countries. TARDIS integrated with Neptune came online at the end of the first quarter of 2009 and SPC RMP has been contacting maritime administrations individually to ascertain their confirmation for using this service at booklet/printing cost only.
15. This core technology has been incorporated into Neptune, the seafarers’ database, which is retained as a standalone system in each PICT, whereby data entry will continue to be completed by maritime administration personnel who will then send via email or courier packets of data to the regional system hosted at SPC RMP which will then trigger printing once verification checks are completed. Similarly, there will be a seafarers’ service record book to maintain records of all vessels and voyages that trainees have been on so as to track their seatime in between their theoretical studies for advancing their maritime careers.
16. TARDIS booklets are common for the region without a logo on the front cover but individual PICT logos are printed onto secure self-adhesive labels that adhere to the inside cover, where seafarer personal details will be printed. The certificates of competency, endorsements or revalidations also bear individual PICT logos and are sealed on internal pages of the booklets. Individual PICT authorising signatures as well as seafarer photographs, signatures and right thumb prints are also scanned and embedded on to the seafarer’s details page which is then mirror printed onto the glue side of laminates.
Conclusion:
17. TARDIS technology and the issue of secure seafarer certificates have dominated a few PacMA meetings since 2001. It is important to realise that the system is now in operation and available for PICTs to utilise as a printing service whilst countries and territories maintain their sovereign issuing rights as per international instruments. Due to the expenses associated with blank secure books, a common regional book has been printed without individual emblems or logos on the front cover. However, all personal detail pages and certificates printed will carry the individual country emblem or logo each time it is printed. The SPC printing service provides a solution that collectively facilitates enhancing the security of seafarer certificates in the Pacific Islands region and coupled with the regional mutual recognition of certificates issued by PICTs, will sufficiently address meeting the requirements of IMO and partially for ILO C185 which is highly technologically prescriptive but is yet to enter into force.
18. With the expansion of the Neptune system and integration of TARDIS technology, it is hoped that in this day and age of cyber threats and computerised forgery, the Pacific Islands region will advance into a more robust and secure system of seafarer qualifications in line with world’s best practice.
Recommendations
19. The Ministers of Maritime Transport are invited to:
(a) Endorse the centralised regional TARDIS seafarer certificate printing system; and (b) Direct the utilisation of printery services on offer for issuing secure seafarer certificates and seafarers’ service record books.
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