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 10

Regulation 4: Operational requirements

Regulation 4.1

1 　　　Except as provided in this Annex, ships shall

(a)	conduct on all [Deep Sea Voyages] at least one of the Ballast Management Options contained in Appendix 1 , Part A. Section 1; and
(b)	conduct practices listed m Appendix 1, Part A Section 2

Proposed amendments Regulation 3.2 (continued)

Greece comments 10

Proposed amendments Regulation 4.1

Australia proposes:
removal of the square brackets from "Deep Sea Voyages" in 1(a):

1　　　 Except as provided in this Annex, Parties shall require ships entitled to fly their flag or to operate under their authority to: and ships shall

(a)	conduct on all Deep Sea Voyages at least one of the Ballast Management Options contained in Appendix 1, Part A, Section 1; and

　　　
The United Kingdom proposes:
"1 　　　Except as provided elsewhere in this Annex, a ship which undertakes a [Deep Sea Voyage] shall conduct at least one of the Ballast Management Options contained in Appendix 1, Part A, Section 1." ¹¹

10 　　　3.2　The draft text provides a port State with the option to grant exemptions to ships from the requirements of this annex. Since no criteria for exemptions are described, this 10 provision entails the danger of exercising favourable treatment to selected ships, thus jeopardizing the marine environment. In addition, the implementation of the aforementioned procedure on a case-by-case basis, creates a considerable administrative burden.

11 　　　The practicability of the Precautionary Practices are dependent on circumstance and as such are not suitable for Flag State application. The Part A section 2 contains expressions "such as "evey effort should be made" and "where practicable". These cannot be checked and enforced by the Flag State, so it is proposed that this element be moved to Regulation 4(4) as a Port State requirement.

Regulation 4(1) should be re-written to acknowledge that some Ballast Management Options are conducted during‘deep sea voyages’and some are conducted after‘deep sea voyages’.

H:/MEPC/43/4.WPD

MED/MN/HBu/jeh

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