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MEPC 43/4
ANNEX 1
Page 13

Regulation 4.2

2    Parties shall periodically jointly review and amend Part A of Appendix 1 to incorporate new and emerging ballast water treatments which may substitute for, or be used in conjunction with, current options. Such options that may substitute for ballast water exchange shall be safe, environmentally sound and at least as effective as ballast water exchange in preventing or minimizing the transfer of harmful aquatic organisms, taking into account guidelines developed for this purpose by the Organization.
Proposed amendments Regulation 4.2

The United Kingdom proposes to add:
"The Administration may allow a ballast management option as an alternative to those required by this Annex if it is at least as effective as those required by this Annex.

The Administration which allows a ballast management option as an alternative to those required by this Annex shall communicate to the Organization for circulation to the Parties to the present Convention particulars thereof,for their information and appropriate action if any"16
Regulation 4.3

3   Port States shall:
(a) ensure that all ports having ship repair yards or tank cleaning facilities shall have adequate facilities available for the environmentally safe disposal of ballast tank sediments;
(b) ensure that any port reception and/or treatment facilities for ballast water are adequate, effective, practical, safe and environmentally sound and that they operate without causing undue delay to vessels; and
(c) undertake to communicate to the Organization a list of reception and treatment facilities including their location, capacity and available facilities and other characteristics.

  

Proposed amendments Regulation 4.3

Brazil proposes:
3(a) to use the wording "endeavour to assure Instead of "ensure" 17

16    The form of such a joint review may depend upon the legal basis of the Regulations. If it is to be an Annex to MARPOL, then would the review be by Amendment of the Annex? If so, then it must conform with the procedures for amendment in Article 16. If it is to be outside the Amendment procedure then appropriate procedures must be developed.
In order to permit new technology to be brought into use quickly, and to provide a basis for review and amendment of the Annex,it is proposed that an 'Equivalents' clause similar to Regulation 4 of Annex VI, be added.


17    Shore reception facilities for ship ballast water and sediment disposal may not be ensured by the Port States in all situations.


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