Despite these and other examples, the report noted "the seriousness of the ballast water issue is not yet well understood" and the guidelines adopted in 1991 had not been widely implemented.
The report recommended two main courses of action: ensuring as many Member States as possible implemented the ballast water guidelines; and continuing research into ballast water management practices and treatment processes.
The main outcome of the discussions on the report was the adoption in November 1993 by the IMO Assembly of Resolution A.774(18) on Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Waters and Sediment Discharges, based on the guidelines adopted in 1991.
Adopting the Guidelines as an Assembly Resolution gave them more weight than an MEPC Resolution. The resolution in addition requested the Marine Environment Protection Committee (MEPC) and the Maritime Safety Committee (MSC) to keep the guidelines under review "with a view to further developing the guidelines as a basis for a new Annex to MARPOL 73/78", in other words, to develop internationally applicable, legally-binding provisions as part of the MARPOL 73/78 Convention.
Since 1993, the ballast water working group has been working on developing the draft regulations. The working group has become an established feature at MEPC sessions, with increased levels of participation - by non-governmental bodies as well as individual countries who have become more aware of the problem.
Updated guidelines adopted 1997
In March 1997, the MEPC agreed an updated version of the Guidelines on ballast water which was adopted by the 20th Assembly of IMO in November 1997 (Resolution A.868(20) Guidelines for the control and management of ships' ballast water to minimize the transfer of harmful aquatic organisms and pathogens).
The revised Guidelines incorporate further recommendations on tackling the problem, including how to lessen the chances of taking on board harmful organisms along with ballast water.
The recommendations include informing local agents and/or ships of areas and situations where uptake of ballast water should be minimized, such as areas with known populations of harmful pathogens or areas near to sewage outlets. Ships should operate precautionary practices through avoiding loading ballast water in very shallow water or in areas where propellers may stir up sediment. Unnecessary discharge of ballast water should also be avoided.
Procedures for dealing with ballast water include exchange of ballast water at sea and discharge to reception facilities, while the Guidelines note that in the future treatment using heat or ultraviolet light could become acceptable to port States.
IMO's Maritime Safety Committee (MSC) and the MEPC had earlier in 1997 approved a joint circular on Guidance on safety aspects relating to the exchange of ballast water at sea (MSC/Circ.806/MEPC/Circ.329). The guidance outlines procedures for exchanging ballast water and points out safety issues which need to be considered, such as avoidance of over and under pressurization of ballast tanks and the need to be aware of weather conditions.
Draft mandatory regulations
During 1998, the ballast water working group has been working on the draft mandatory regulations to manage ballast water.
The draft regulations under discussion would make it mandatory for ships on certain voyages (such as deep sea voyages) to carry out ballast water exchange at sea or some other form of ballast water management to avoid the introduction of unwanted species.
In addition, port States would be expected to provide reception and treatment facilities to deal with ballast water.
However, the ship's safety will remain paramount and ships would not be expected to carry out, for example, ballast water exchange in mid-ocean when it is unsafe to do so.
The MEPC intends to complete all preparatory work in1999 so that an international conference to adopt the regulations could be held in 2000.
Legal instrument options
The proposed mandatory regulations on ballast water management could be adopted as a new Annex to MARPOL 73/78 (either through a new Protocol adding a new Annex, or as an amendment to MARPOL to add a new Annex), or as a new, independent convention. The main differences between the three options are outlined below:
