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APPENDIX III
INFORMATION TO BE PROVIDED WHEN ESTABLISHING ADDITIONAL MEASURES
UNDER REGULATION C-1
 
1 Precise co-ordinates where the additional measure(s) is/are applicable.
 
2 The need and reasoning required for the application of the additional measure(s) including whenever possible benefits.
 
3 Any additional records that may be required.
 
4 Provision of Ballast Water reception/treatment facilities to enable ships to comply with the additional measure(s).
 
(to be developed further)
 
ANNEX 3
STATEMENT BY THE DELEGATION OF BRAZIL ON 7 MARCH 2003
 
1 First of all Mr. Chairman, this delegation would like to congratulate you and the Secretariat for the hard and very difficult work done so far.
 
2 Brazil has been studying with great interest, for a long time, the Ballast Water issue and has been contributing with written proposals during the MEPC and Working Group meetings. Our approach has been focused on a scientific way, having in mind the limitations and uncertainty that are present in the Ballast Water issue, and that we must be realistic and choose a cost effective solution, in order to achieve a reasonable text and, hence, that the Convention can be ratified by a large number of Member States and enter into force within a reasonable time frame.
 
3 We have studied the draft text we developed at MEPC 48 and submitted once again documents to this Intersessional Meeting, expressing our views and trying to reach a consensus as per our Terms of Reference, following carefully the deadlines and rules previously established by the Committee and the Secretariat. The concepts and ideas we presented are not new and are clearly justified, according to our views and, in the case of the biological effectiveness of Ballast Water Exchange, scientifically demonstrated, with the data we currently have. Although we understand that it is desirable that the Convention be completed as soon as possible, we have to discuss carefully the issues involved, and, if a consensus is reached, i.e., if agreed by all the members of the Working Group, we can proceed. Otherwise, in our view, and according to our interpretation of the Terms of Reference, we have to continue the discussions. The decisions that have to be made, mainly regarding the principal points, and where different views are expressed, are not a task for this Working Group. This is a task for the Committee, or, further, for the Diplomatic Conference, and always by a 2/3 majority.
 
4 We are dealing with a great number of complex and interrelated aspects, in a bulky document, where one part relates to others parts. Besides, a considerable number of proposals changing crucial points of the original draft have been brought to our attention only during this week, and, in our view, must be better assessed. We need more time to consider them and to understand clearly what they mean, now and in the future. This work will be done from now on until MEPC 49 will be held in July 2003.
 
5 Only after examining the new consolidated draft as a whole, which we are doing today, can we have an idea of the modifications that were introduced and find out if this new draft meets the principal points of our proposals. With regard to the response given to the Brazilian proposals we still disagree with some points, as no scientific and logical grounds were offered against them. Therefore, we wish to state that:
 
.1 we do not accept the rejection of the proposals presented by Brazil in its document MEPC-IBWWG 2/2, on Article 5X - "Application Criteria for the Acceptance of Ballast Water"; Article 5Y - "Global and Regional Requirements and Standards"; Article 5Z - "Proposals to Amend the Annex"; and Article 5W - "Technical Group". We reserve our position related on these issues;
 
.2 the new proposals, regarding Sections B, C and E were substantially modified during this week and have to be better studied;
 
.3 we can not make the assumption that technologies which are not available, or that have not been sufficiently tested will resolve the complex issue we have now, without any evidence of it; and
 
.4 any decision about a possible future phasing out of processes that are presently available, such as the Ballast Water Exchange, and which shows acceptable results that have been proven and may go on being employed, is premature.
 
6 Having said this, Mr. Chairman, Brazil would ask that this statement be added to the report of this Meeting to the Committee.
 
Thank You.







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