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MEPC 43/4
ANNEX 1
Page 14

Regulation 4.4

4     With respect to voyages other than [Deep Sea Voyages,] port States may, where practicable, apply approaches and considerations for ballast management and control as set out in Appendix 1, Part A, Section 3 and apply these requirements on ships with respect to such voyages consistent this Annex.
Proposed amendments Regulation 4.4

Australia proposes to remove the square brackets, so that it reads:
"With respect to voyages other than Deep Sea Voyages, port States....this Annex."

The United Kingdom proposes the following text:
"4    Parties :-

(a)   shall require all ships which are within waters under their jurisdiction, to comply with the Precautionary Practices listed in Appendix 1, Part A, Section 2 to the extent which is deemed necessary and practicable; and

(b)   shall determine the extent to which ships which are within waters under their jurisdiction on voyages other than [Deep Sea Voyages], or ships on [Deep Sea Voyages] which are subject to Reg 4(5), shall practise ballast management. Where a Party establishes such requirements for ballast management, these shall be in accordance with the Options set out in Appendix 1, Part A, Section 3 and otherwise in terms which are consistent with this Annex." 18


Hong Kong, China proposes:
to delete "consistent this Annex".

Sweden proposes the following:
4   With respect to voyages other than [Deep Sea Voyages] Open Ocean Voyages port States shall, where practicable, apply approaches and considerations for ballast management and control as set out in Appendix 1, Part A, Section 3 and apply these requirements on ships with respect to such voyages consistent with this Annex.

18    As written, this regulation requires Port States to apply to all voyages other than [Deep Sea Voyages], one of the three ballast management options listed in Appendix 1, Part A, Section 3 , i.e. exchange, non-release or discharge to reception facilities. It is inappropriate to apply such a universal requirement to all ships, especially those on short regional voyages. It is proposed that Parties should only apply requirements where appropriate to the circumstances and in a manner which is consistent with the framework of the Annex. Also, the earlier proposal to make the Precautionary Practices a Port State requirement is included here, and a reference to Reg 4(5) is added to clarify the right of Port States to require alternative ballast management practises when a ship on a [Deep Sea Voyage] cannot meet Reg 4(1) for safety reasons (see Reg 4(5) below).



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