・ A new protocol to add an Annex to MARPOL 73/78: would involve a Conference of Parties to MARPOL 73/78, or a Diplomatic Conference of all States, convened to consider, with a view to adoption, a new Protocol. MARPOL 73/78 does not specify conditions for the entry into force of a new Protocol and, therefore, the conditions for its entry into force need not be bound by the provisions of MARPOL 73/78. However, regulations set out in an Annex to a new Protocol could not be enforced as mandatory requirements on those States which have not accepted the new Protocol. A problem may emerge when ships of non-Parties to the new Protocol call at a port of a Party to the Protocol.
・ Amendment to MARPOL 73/78 to add a new Annex: An expanded MEPC or a Conference of Parties to MARPOL 73/78 could be convened to consider adopting a new Annex to MARPOL as an amendment to the Convention. This would be deemed to have been accepted on the date on which it is accepted by two thirds of the Parties, the combined merchant fleets of which constitute not less than 50 per cent of the gross tonnage of the world's merchant fleet. But a Conference of MARPOL Parties may agree to develop variations of the amendment procedures and entry into force conditions.
・ A new convention: Ballast Water Management provisions in the form of a new Convention could be adopted by a Diplomatic Conference to which all States would be invited. The Diplomatic Conference may decide requirements for acceptance, entry-into-force conditions, application, enforcement and reporting, taking into account the scope and nature of the legal treaty and the participating States may develop a set of framework provisions different from those of MARPOL 73/78. But a clear distinction between the role and responsibilities of flag State administrations versus those of port State authorities would need to be clearly identified.
It has also been proposed that a "Ballast Water Management Code" be developed. This could form an appendix to a MARPOL 73/78 Annex on Ballast Water Management and would provide the flexibility for MEPC to amend the Code through a tacit acceptance procedure whenever this might be deemed appropriate, e.g. in light of experience gained with existing techniques or when new technological developments become available. A Code on Ballast Water Management would be likely to contain three parts:
A. Ballast Water Management Practices which are mandatory;
B. Ballast Water Management Plans and Associated Information (mandatory); and
C. Recommendations to assist in implementing the legally binding provisions of the Annex and its appendix.
Alternatives to ballast water exchange
Mandatory regulations on ballast water are expected to include a reference to methods being developed or which may be developed in the future to deal with life forms being carried in ballast water.
The main options under research at present include:
・ physical (heat, ultrasonic, ultraviolet, silver ion, magnetic etc);
・ mechanical (filtration, improved ship design, etc);
・ chemical (ozone, oxygen removal, chlorine, etc);
・ biological treatment methods to kill harmful organisms.
