THE PARTIES TO THE CONVENTION,

　

RECALLING that Article 196(1) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides, that "States shall take all measures necessary to prevent, reduce and control pollution of the marine environment resulting from the use of technologies under their jurisdiction or control, or the intentional or accidental introduction of species, alien or new, to a particular part of the marine environment, which may cause significant and harmful changes thereto,"

　

NOTING the objectives of the 1992 Convention on Biological Diversity (CBD) and that the transfer and introduction of Harmful Aquatic Organisms and Pathogens via ships' ballast water threatens the conservation and sustainable use of biological diversity as well as decision IV/5 of the 1998 Conference of the Parties (COP 5) to the CBD concerning the conservation and sustainable use of marine and coastal ecosystems,

　

NOTING FURTHER that the 1992 United Nations Conference on Environment and Development (UNCED) requested the International Maritime Organization (the Organization) to consider the adoption of appropriate rules on ballast water discharge,

　

MINDFUL of the precautionary approach set out in Principle 15 of the Rio Declaration on Environment and Development and referred to in resolution MEPC.67(37) and adopted by the Organization's Marine Environment Protection Committee on 15 September 1995,

　

ALSO MINDFUL that the 2002 World Summit on Sustainable Development, in paragraph 34(b) of its Plan of Implementation, calls for action at all levels to accelerate the development of measures to address invasive alien species in ballast water,

　

CONSCIOUS that the uncontrolled discharge of ballast water and sediments from ships has led to the transfer of Harmful Aquatic Organisms and Pathogens, causing injury or damage to the environment, human health, property or resources,

　

RECOGNIZING the importance placed on this issue by the Organization through the adoption of two Assembly resolutions, A.774(18) in 1993 and A.868(20) in 1997, to address the transfer of Harmful Aquatic Organisms and Pathogens,

　

RECOGNIZING FURTHER that several States have taken unilateral action with a view to prevent, minimize and ultimately eliminate the risks of introduction of Harmful Aquatic Organisms and Pathogens through ships entering their ports, and also that this issue, being of worldwide concern, demands action based on globally applicable regulations together with guidelines for their effective implementation and uniform interpretation,

　

DESIRING to continue the development of safer and more effective Ballast Water Management options that will result in continued prevention, minimization and ultimate elimination of the transfer of Harmful Aquatic Organisms and Pathogens,

　

RESOLVED to prevent, minimize and ultimately eliminate risk to the environment, human health, property and resources arising from the transfer of Harmful Aquatic Organisms and Pathogens through the control and management of ships' ballast water and sediments, as well as to avoid unwanted side effects from that control and to encourage developments in related knowledge and technology,

　

CONSIDERING that these objectives may best be achieved by the conclusion of an International Convention for the Control and Management of Ships' Ballast Water and Sediments,

　

HAVE AGREED as follows:

　

Article 1 Definitions

　

For the purpose of the Convention, unless expressly provided otherwise:

　

1 "Administration" means the Government of the State under whose authority the ship is operating. With respect to a ship entitled to fly a flag of any State, the Administration is the Government of that State. With respect to fixed or floating platforms engaged in exploration and exploitation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises sovereign rights for the purposes of exploration and exploitation of their natural resources, the Administration is the Government of the coastal State concerned.

　

2 "Ballast Water" means water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of a ship.

　

3 "Ballast Water Management" means mechanical, physical, chemical, and biological processes, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of Harmful Aquatic Organisms and Pathogens within Ballast Water and Sediments.

　

4 "Gross tonnage" means the gross tonnage calculated in accordance with the tonnage measurement regulation contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969 or any successor Convention.

　

5 "Harmful Aquatic Organisms and Pathogens" means aquatic organisms or pathogens which, if introduced into the sea including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impairment of biological diversity or interfere with other legitimate uses of such areas.

　

6 "Organization" means the International Maritime Organization.

　

7 "Secretary-General" means the Secretary-General of the Organization.

　

8 "Sediments" means matter settled out of Ballast Water within a ship.

　

9 "Ship" means a vessel of any type whatsoever operating in the aquatic environment and includes submersibles, floating craft and fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-lo ing units (FPSOs).

　

10 "Convention" means the International Convention for the Control and Management of Ships' Ballast Water and Sediments

　

11 "Committee" means the Marine Environment Protection Committee of the Organization.

　

Article 2 General Obligations

　

1 Each Party undertakes to give full and complete effect to the provisions of the Convention, the Annex, and its Appendices in order to prevent, minimize and ultimately eliminate the transfer of Harmful Aquatic Organisms and Pathogens through the control and management of ships' Ballast Water and Sediments.

　

2 The Annex and its Appendices form an integral part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to the Annex and its Appendices.

　

[3 Nothing in the Convention shall be interpreted as preventing a Party from taking, individually or jointly, more stringent measures with respect to the prevention, reduction or elimination of the transfer of Harmful Aquatic Organisms and Pathogens through the control and management of ships' Ballast Water and Sediments, consistent with international law. [A Party requiring more stringent measures shall seek approval from the Organization, on the basis of clear evidence that adequate reception facilities or other means are provided to assist ships holding an International Ballast Water Management Certificate under the Convention to meet the more stringent standards.]]

　

4 Parties shall endeavour to co-operate for the purpose of effective implementation, compliance and enforcement of the Convention.

　

5 The Parties undertake to encourage the continued development of Ballast Water Management and standards to prevent, minimize and ultimately eliminate the transfer of Harmful Aquatic Organisms and Pathogens through the control and management of ships' Ballast Water and Sediments.

　

6 Parties taking action pursuant to the Convention shall endeavour not to impair or damage the environment, human health, property or resources of other States.

　

Article 3 Application

　

1 Except as expressly provided otherwise in the Convention, the Convention shall apply to:

　

　

2 The Convention shall not apply to:

　

　

3 With respect to ships of non-Parties to the Convention, Parties shall apply the requirements of the Convention as may be necessary to ensure that no more favourable treatment is given to such ships.

　

　

Each Party shall require that ships entitled to fly its flag or operating under its authority comply with the requirements set forth in the Convention, including the applicable standards and requirements in the Annex and Appendices, and shall take effective measures to ensure that such ships comply with those requirements.

　

[Article 4(bis) Acceptable Ballast Water

　

1 Acceptable Ballast Water is Ballast Water which, when discharged in accordance with the provisions of the Convention, should minimize the risk of harm to the environment, human health, property and resources, after the ship applied one of the control measures approved by the Organization or an alternative established according to the procedures of the Convention based on risk assessment performed by the Competent Authority of the Administration in which jurisdictional waters the ship is to deballast.

　

2 The detailed requirements for the criteria that acceptable Ballast Water should meet are contained in the Annex.]

　

Article 5 Sediment Reception Facilities

　

1 Each Party undertakes to ensure as soon as practicable that ports and terminals where cleaning or repair of ballast tanks occurs, have adequate reception facilities for the reception of Sediments. Such reception facilities shall operate without causing undue delay to ships and shall provide for the disposal of such Sediments that does not damage or injure the environment, public health, property and resources.

　

2 Each Party shall notify the Organization for transmission to the other Parties concerned of all cases where the facilities provided under paragraph 1 are alleged to be inadequate.

　

Article 6 Scientific and Technical Research and Monitoring

　

1 The Parties shall endeavour individually or jointly to:

　

　

Such research and monitoring should include observation, measurement, sampling, evaluation and analysis of the effectiveness and adverse impacts of any technology or methodology as well as any adverse impacts caused by such organisms and pathogens that have been identified to have been transferred through ships' Ballast Water.

　

2 Each Party shall, to further the objectives of the Convention, promote the availability of relevant information to other Parties who request it on: