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2 HARMFUL AQUATIC ORGANISMS IN BALLAST WATER
2.1 The Committee recalled that from 31 May 2005 the "International Convention for the Control and Management of Ships' Ballast Water and Sediments" (Ballast Water Management Convention) had been open for accession by any State and noted that there was no change in the status of ratification since the last session. To date six countries representing 0.62% of the world tonnage had become contracting States and the Committee urged Member States to ratify this Convention at the earliest possible opportunity.
 
Establishment of the Ballast Water Review Group
 
2.2 The Committee recalled that MEPC 53 established a Review Group to determine whether appropriate technologies were available to achieve the ballast water performance standard required under Regulation D-2. MEPC 53 noted that the variety of systems being tested on board had the potential to meet the criteria of safety, environmental acceptability and practicability and that it was reasonable to expect ballast water management technologies and type-approved systems to be available to meet the review criteria of Regulation D-5.2 of the Convention by October 2008. However, in view of the remaining uncertainty MEPC 53 agreed to re-establish the Review Group during MEPC 55.
 
2.3 The Committee recalled further that MEPC 54 encouraged Members and observers to provide the latest information on ballast water management technologies so as to ensure meaningful and fruitful deliberations during the second meeting of the Ballast Water Review Group at MEPC 55 and invited Members to submit the relevant information, using both the format recommended in document MEPC 53/2/2 and the matrix contained in the annex to document MEPC 54/WP.5, with a view to facilitating the work of the Review Group.
 
2.4 The Committee noted that six documents, MEPC 55/2/13 (India), MEPC 55/2/15 (Japan), MEPC 55/2/17 (Germany), MEPC 55/2/18 (United Kingdom), MEPC 55/2/21 (the Republic of Korea), and MEPC 55/INF.3 (Norway) that provide information on ballast water management technologies already developed or under development had been submitted to facilitate the Review and agreed on the following terms of reference for the Ballast Water Review Group:
 
.1 review the information regarding ballast water treatment technologies provided in documents MEPC 55/2/13 (India), MEPC 55/2/15 (Japan), MEPC 55/2/17 (Germany), MEPC 55/2/18 (United Kingdom), MEPC 55/2/21 (Republic of Korea), and MEPC 55/INF.3 (Norway) using the evaluation methodology developed at MEPC 53 and taking into account the comments made in plenary;
 
.2 determine the availability of ballast water treatment technologies to achieve the standard set in Regulation D-2, with particular reference to the group of ships constructed in or after 2009 with a ballast water capacity of less than 5,000 cubic metres to which the performance standard applies, taking into account the criteria set up in Regulation D-5.2;
 
.3 investigate possible options should the review indicate that the anticipated progress has not been achieved and that appropriate technologies may not be available to meet the effective dates for the D-2 standard, taking into consideration document MEPC 54/2/4 (International Chamber of Shipping) and the discussions during MEPC 54;
 
.4 make an assessment of the implication for the relevant industries of confirming or modifying the effective dates of the standard set forth in Regulation D-2;
 
.5 recommend appropriate action for consideration by the Committee; and
 
.6 prepare a written report on the work carried out for consideration by the Committee on Thursday, 12 October 2006.
 
Adoption of the Guidelines for uniform implementation of the BWM Convention
 
2.5 The Committee recalled that MEPC 53 had instructed BLG 10 to consider the draft Guidelines for ballast water exchange design and construction standards (G11) and Guidelines on design and construction to facilitate sediment control on ships (G12), focusing on the aspects related to design and equipment, and submit the final draft to MEPC 55 with a view to adoption of these Guidelines by MEPC resolutions.
 
2.6 The Committee, having considered the recommendations of BLG 10 regarding the final text of these two Guidelines and the draft MEPC resolutions on their adoption prepared by the Secretariat (MEPC 55/2/7 and MEPC 55/2/8), adopted the two Guidelines by resolutions MEPC.149(55) and MEPC.150(55) respectively, as set out in annex 1 and annex 2.
 
2.7 The Committee also noted that BLG 10 had completed the work on Guidelines on designation of areas for ballast water exchange (G14) and invited the Committee to consider the draft text, together with a draft MEPC resolution prepared by the Secretariat at this session with a view to adoption (MEPC 55/2/9). In the absence of further comments regarding the final draft, the Committee adopted the above Guidelines (14) by resolution MEPC.151(55) as set out in annex 3.
 
2.8 The Committee recalled that MEPC 53 had instructed FSI 14 to consider the Guidelines for sediment reception facilities (G1) and the Guidelines for ballast water reception facilities (G5) and submit the final drafts to MEPC 55 with a view to their adoption by MEPC resolutions. Having considered the recommendations of FSI 14 regarding the final text of these two Guidelines and the draft MEPC resolutions prepared by the Secretariat (MEPC 55/2/10 and MEPC 55/2/11) on their adoption, the Committee adopted the two Guidelines by resolutions MEPC.152(55) and MEPC.153(55) respectively, as set out in annex 4 and annex 5.
 
2.9 The Committee also noted that, as instructed by MEPC 53, FSI 14 considered the Guidelines for additional measures regarding ballast water management including emergency situations (G13) developed by BLG 10 and agreed to forward the draft Guidelines (G13) to MEPC 55 and to instruct the Secretariat to prepare a draft MEPC resolution for their adoption (MEPC 55/2/12).
 
2.10 Having considered document MEPC 55/2/22 (Norway) proposing an alternative text for section 2.3 "Procedures to follow when establishing additional measures" of the Guidelines (G13), the Committee agreed that further consideration of this new section at BLG 11 would ensure clearer and more complete guidance when additional measures are introduced.
 
2.11 In order to maintain the compromise achieved on this particular matter during the adoption of the BWM Convention, the Committee agreed to instruct the BWWG to be established at BLG 11 to limit its consideration of the newly proposed section 2.3 to procedures related to the situation when IMO approval is necessary and any necessary consequential amendments. BLG 11 was requested to submit the final draft of Guidelines (G13) to MEPC 56 for adoption.
 
Work of the BLG Sub-Committee relevant to ballast water management
 
2.12 The Committee concurred with BLG 10's recommendation regarding the need for a "guidance document" on arrangements for responding to emergency situations involving ballast water operations and, having considered document MEPC 55/2/19 (Brazil), agreed to refer this document to BLG 11 to serve as a basis for the development of a circular on this matter.
 
Other information related to uniform implementation of the BWM Convention
 
2.13 The Committee, having considered the text of a draft BWM circular on the Survey Guidelines for the purpose of the BWM Convention under the Harmonized System of Survey and Certification contained in document MEPC 55/2/26 (Secretariat) and the comments provided by Japan, agreed to delete sub-paragraphs 1.4.2.2 and 1.4.2.3 of the Guidelines contained in annex 10 of document FSI 14/19. The Committee agreed further to add the words ‘in principle' after the word ‘Guidelines' in the second line of paragraph 3 of the cover page of the BWM circular and the following text at the end of the same paragraph:
 
 "The Guidelines will facilitate the survey of ships which are requested by their Administrations or shipowners to certify compliance with the provisions of the BWM Convention on a voluntary basis."
 
 The Committee then instructed the Secretariat to issue the BWM circular, as amended, accordingly.
 
2.14 The Committee, having considered document MEPC 55/2/23 (Germany), agreed to the proposed draft text of a circular on harmonized application of the Guidelines for approval of Ballast Water Management Systems (G8) and instructed the Secretariat to issue the BWM.2/Circular accordingly.
 
Report of the second meeting of the GESAMP-BWWG
 
2.15 The Committee noted that the second GESAMP-BWWG meeting was held at IMO Headquarters in London, from 22 to 26 May 2006 under the chairmanship of Mr. Finn Pedersen (Denmark) and that the Group reviewed three proposals submitted by Japan, the Republic of Korea and Sweden. A fourth proposal that was also submitted by Sweden could not be reviewed due to the time constraints.
 
2.16 Having considered the report of the second meeting of the GESAMP-BWWG (MEPC 55/2/16), the Committee agreed to give Basic Approval to the proposals contained in documents MEPC 55/2 (Japan) and MEPC 55/2/4 (Sweden) and, at the same time, invited the two Administrations to take into account all the recommendations indicated in annexes 5 and 7 of the above report during further development of the systems. The Committee did not agree to give Basic Approval to the proposal contained in document MEPC 55/2/3 (Republic of Korea) for the reasons given in annex 6 of the report of the second meeting of the GESAMP-BWWG.
 
2.17 The Committee, having considered document MEPC 55/2/27 (Republic of Korea) and the explanations provided by the Secretariat, agreed that in this particular situation the additional information Republic of Korea intended to provide could be considered by GESAMP-BWWG at its next meeting if submitted before the established deadlines. The Committee noted, however, that fees associated with the GESAMP-BWWG meetings have a cost-recovery character and was of the opinion that the costs associated with the resubmission by the Republic of Korea should be borne by the applicant.
 
2.18 With regard to future applications for review by the GESAMP-BWWG, the Committee concurred with the procedure established by the Secretariat and was of the opinion that, if a proposal has not received Basic Approval in the first instance, any supplemental information should be considered as a new proposal subjected to a new fee.
 
2.19 Having considered document MEPC 55/2/5 (Sweden) and the information provided by the Secretariat, the Committee agreed that the above proposal by Sweden, which could not be considered by GESAMP-BWWG due to time constraints, should be considered first on the list during the next meeting.
 
2.20 The Committee agreed with the suggested time schedule for the third regular meeting of the GESAMP-BWWG (19 to 23 February 2007) and invited Members to submit their proposals for approval (application dossiers) and the non-confidential description of their ballast water management systems for MEPC 56, as soon as possible but not later than 15 December 2006.
 
2.21 Recognizing the possibility that more than three application dossiers may be submitted for the Group's review and approval by MEPC 56 and that, based on previous experience, a maximum of three application dossiers could be reviewed by GESAMP-BWWG at one meeting, the Committee noted the availability of the Group to have an additional meeting before February 2007, provided that all the necessary conditions were met and the non-confidential data related to the respective proposals had been circulated in advance.
 
2.22 Having considered document MEPC 55/2/25 (Japan) and relevant information provided by the Chairman of the GESAMP-BWWG, the Committee agreed to hold an additional GESAMP-BWWG meeting before the one scheduled for February 2007 to accommodate all the foreseeable proposals for approval and invited Members to submit their proposals as soon as possible, but not later than 17 November 2006. The dates of the additional meeting will be communicated to the interested Members after confirmation by the GESAMP-BWWG.


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