日本財団図書館（電子図書館）　船舶のバラスト水管理方策に係る調査研究報告書

MEPC 43/4
ANNEX 1
Page 7

Regulation 3.2

2 　　　Any port State [or port States] may exempt any ship or ships from compliance with all or part of these regulations in an area under its jurisdiction [provided this does not endanger marine ecosystems of neighbouring port States] [provided this does not give favourable treatment conditions to those ships flying the flag of non-Parties to this Annex].

Proposed amendments Regulation 3.2

Australia suggests the following:
3.2 Any port State may exempt any ship or ships from compliance with all or part of these regulations in an area under its jurisdiction provided this does not endanger marine ecosystems of neighbouring port States provided this does not give favourable treatment conditions to those ships flying the flag of non-Parties to this Annex.

The United Kingdom suggests the following:
"2 　　Any Party may exempt any ship in respect of requirements within its jurisdiction provided this does not endanger its marine ecosystem or that of other Parties." ⁶

"A Party which allows such an exemption shall, as soon as possible, but not more than 90 days thereafter, communicate to the Organization and States having jurisdiction over adjacent waters, particulars of the exemption and the reasons therefore." ⁷

6 　　　It is proposed that the term‘Port State’be changed to‘Party’in all occurrences, so as to permit flag, coastal and port states to exempt ships from requirements within their jurisdiction. There was some discussion regarding commercial advantage gained by the Party granting the exemption, however the point of concern is not whether it gains commercial advantage but whether it endangers its own marine ecosystem or that of other Parties.

7 　　　The text makes an exemption conditional upon not endangering‘marine ecosystems of other Parties’. The condition implies that an assessment of risk to other marine ecosystems must be conducted. Whilst well intentioned, it would be difficult to make such an assessment and to prove that it was correctly done. As a partial cheek. and to allow other Parties to contest an exemption, it is proposed that the Organization and States having jurisdiction over adjacent waters should be notified of all exemptions.

H:/MEPC/43/4.WPD

MED/MN/HBu/jeh

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