16 Legal advice was sought from IMO's Legal Office on the question of whether, fxom the viewpoint of legal implications, a code would be of advantage if compared with a set of legally binding provisions and guidelines for their effective implementation. Would a code speed up the mandatory process? The Working Group was informed that a code could be recommendatory as are guidelines, or mandatory. A mandatory code would have to be subject to the same ratification procedures as those applicable to the entry into force of amendments to MARPOL 73/78.
17 The Chairman proposed, and the Working Group agreed, that it should continue to develop regulations with a view to incorporating these in an Annex to MARPOL 73/78, together with a separate set of implementation guidelines thereto. The question of whether these could be combined to form a legally binding code may be considered after the Working Group has completed its work on these matters.
Convention on Biological Diversity
18 The Working Group was informed of activities of State Parties to the Convention on Biological Diversity in relation to the conservation and sustainable use of marine and coastal biological diversity, particularly concerning the transfer and settlement of aquatic organisms (MEPC 40/INF. 10). The Conference of Parties to the Convention at its second meeting in Jakarta in 1995 adopted the so-called "Jakarta Mandate" which identified a number of issue areas, including one on "Alien Species". This requested consideration of effects of alien species' introductions, the convening of a workshop in co-operation with other relevant organizations (e.g., ICES, IMO), and the examination of the need for additional effective legal instruments related to the introduction of alien species which would complement IMO's discussions related to the development of legally binding provisions on ballast water managements.
19 The Working Group requested its Secretariat to continue close co-operation with the Secretariat of the Convention on Biological Diversity with a view to exchanging relevant information on matters related to the introduction of aquatic species, in particular with ballast water discharges.
IACS study
20 A representative from the International Association of Classification Societies (IACS) informed the Working Group of its planned activities in response to studies to evaluate possible consequences and potential hazards in relation to ballast water exchange at sea (MEPC 40/INF. 12). Results of these studies will be presented to the 41st session of MEPC.
"Stemming the Tide" publication
21 The Working Group welcomed the study "Stemming the Tide - Controlling Introductions of Nonindigenous Species by Ships' Ballast Water" submitted by the United States and distributed under MEPC 40/INF. 18. The study had been prepared by the United States National Research Council at the request of the United States Coast Guard to identify the most promising technologies and management practices to control the introduction on nonindigenous aquatic nuisance species by ships' ballast water. The study concluded that no system or practice in use today does prevent the introduction of unwanted species. The best option for minimizing such introductions was the exchange of ballast in mid-ocean areas. The most promising techniques for the successful treatment of ballast water on board ships seem to be physical separation techniques, e.g., filtration with continuous backwash equipment. The study further concluded that the development of globally applicable regulations to control ballast water operations should be encouraged. Unilateral regulations adopted by individual countries could have significant negative consequences for ships in worldwide trade.
22 The Chairman expressed thanks to the United States on behalf of the Working Group for having made this comprehensive study available to the Group.
