(http://www.AugustEnergy.biz/, October 15, Thursday) --- MPA press release...
Indonesia, Malaysia and Singapore have concluded a Joint Technical Arrangement (JTA) with the International Maritime Organization (IMO) to institutionalise an IMO Trust Fund that supports co-operation among stakeholders towards enhancing safety and marine environment protection in the Straits of Malacca and Singapore.
Annex A
FACT SHEET ON THE CO-OPERATIVE MECHANISM
The Co-operative Mechanism broke new ground when it was officially launched during the Singapore-IMO Meeting in 2007. It was the first time that co-operation under Article 43 of UN Convention on the Law of the Sea (UNCLOS) had been realised through such a concrete and detailed framework. This was a significant milestone in the implementation of UNCLOS, one of the most important bodies of international law.
Article 43 of UNCLOS
Article 43 provides for co-operation between coastal States bordering a strait used for international navigation such as the Straits of Malacca and Singapore, and users in maintaining the navigational safety and environmental protection of the straits. The actual text is as follows:
“User States and States bordering a strait should by agreement co-operate: in the establishment and maintenance in a strait of necessary navigational and safety aids or other improvements in aid of international navigation; and for the prevention, reduction and control of pollution from ships.”
The Co-operative Mechanism is based on several key principles. It re-affirms that the primary responsibility over the safety of navigation and environmental protection in the Straits lies with the littoral States. It emphasises that any measure undertaken in the Straits should be in accordance with international law. In this regard, it acknowledges the interest of userStates and relevant international agencies and recognises that all users and stakeholders have a role to play in maintaining and enhancing navigational safety and marine environmental protection in the Straits. The Co-operative Mechanism is inclusive in nature, and operates on a basis of voluntary contribution and consensus.
The Co-operative Mechanism consists of three components, namely, (i) a Co-operation Forum that will serve as a platform for dialogue between the littoral States and the international maritime community; (ii) a Project Co-ordination Committee to co-ordinate the implementation of Straits projects that involve contributions from the international maritime community; and (iii) an Aids to Navigation Fund to receive direct financial contributions from the international maritime community to maintain marine navigational aids in the Straits. The components of the Co-operative Mechanism are inter-connected and complementary.
The Co-operative Mechanism has been structured to be flexible so as to provide a range of modalities or menu of options to users and stakeholders through which they can work with the littoral States. Contributions and participation can be in-kind, such as the provision of technical expertise and consultancy, or financial in the form of direct monetary contributions. This is intended to accommodate the varied interests and circumstances of the contributing parties.
Co-operation Forum (CF)
The Co-operation Forum is the main avenue for user States, the shipping industry and other stakeholders to meet and cooperate with the littoral States of the Straits of Malacca and Singapore. It serves to promote dialogue and exchange of views on issues of common interests in the Straits. It also facilitates concrete and practical co-operation between the littoral States, and user States, shipping industry and other stakeholders in the maintenance of safety of navigation and environmental protection in the Straits.
Apart from the three littoral States, user States such as China, Germany, India, Japan, Norway, and the US will also be delivering presentations at the 2nd Co-operation Forum. In addition, for the first time, representatives from Roundtable of International Shipping Associations and representatives from the shipping industry will also participate in two panel discussions on Safety of Navigation and Environmental Protection at this Forum.
Project Co-ordination Committee (PCC)
The Project Co-ordination Committee is the body that implements the various projects under the Co-operative Mechanism to promote safety of navigation and environmental protection. It is a concrete demonstration of co-operation and burden sharing between the littoral States and user States, the shipping industry and other stakeholders. Through the Project Co-ordination Committee, user States, the shipping industry and other stakeholders can contribute either by financing a project that has been identified and agreed upon, or a component therein, or by providing in-kind resources such as technical assistance and equipment to specific aspects of a project.
Six projects were presented at the Kuala Lumpur Meeting in 2006. The current status of these six projects and involvement of the various contributor user States and stakeholders are outlined below.
Project | Participants | Updates |
Removal of Wrecks in the Straits to enhance navigational safety (led byMalaysia) | India | India has committed to providing training for the three littoral States at the NavalHydrographicSchool in Goa. The course is scheduled to be conducted in Nov 2009. |
Co-operation/ capacity building to enhance preparedness and response capabilities against Hazardous and Noxious Substances incidents to enhance marine environment protection (led by Malaysia) | Australia, US,China | A joint site assessment survey was conducted by the USand China with the littoral states in 2007 and the project team has agreed that the first three components of the project, namely the development of a HNS databank, a regional Standard Operating Procedure for response to HNS spills, and capacity building will be the next priority areas. The US Coast Guard had provided HNS preparedness/response training to the littoral States in theUS (San Francisco and Detroit) from 20-25 October 2008. Australia has offered to contribute its technical expertise to developing the HNS Databank. China has also indicated that it will conduct a HNS “Train-the-Trainers” programme for the littoral States by 2010. |
Demonstration trial of Automatic Identification System Class-B transponders on small ships to enhance navigational safety (led by Singapore) | Australia, Japan,ROK | Australia and Singapore jointly prepared the draft document for the project design and implementation plan, which has been endorsed by the three littoral states at the PCC. Japan has contributed 10 transponders for the trial and provided technical guidance for the installation of the transponders on vessels for the trial. Singapore has also acquired 20 additional transponders, through the IMO Straits Trust Fund, for the trial and worked with Indonesia and Malaysia on the installation. The trial commenced on1st June 2009. |
Establish Wind, tide, current measurement system to enhance navigational safety (led by Singapore) | China, India, | China has completed a desktop assessment study which has been adopted by the three littoral States. A site assessment survey for the project was jointly conducted byChina and India in July 2009. India has committed to providing funding for the project in 3 stages. The Stage 1 contribution of US $774,000 was disbursed in March 2009. |
Replacement and Maintenance of Navigation Aids to ensure safe navigation (led by Indonesia) | Japan, ROK | Malaysia carried out the survey of its navigation aids from 16 Jun 08 - 23 Jul 08, followed by the Indonesians. The Indonesians have completed the preliminary stage of their survey. Malaysia and Indonesia presented the results of the completed sections at the 2nd ANF Committee Meeting on 30-31 October 2008 in Kuching, Sarawak. The Nippon Foundation has contributed US$1.351 million towards the ANF for the site survey for this project. The Japanese Government has also committed US$200,000 towards the design of one or two navigation aids for this project. |
Replacement of Navigation Aids damaged by the Tsunami off the Sumatran coast (led by Indonesia) | China | China has undertaken this project in full, i.e. to replace all 7 navigation aids, and will undertake the project on a step by step approach. |
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