ANNEX
REGULATIONS FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST
WATER AND SEDIMENTS TO PREVENT, REDUCE AND ELIMINATE THE
TRANSFER OF HARMFUL AQUATIC ORGANISMS AND PATHOGENS
SECTION A - GENERAL PROVISIONS
Regulation A-1 Definitions
For the purposes of this Annex:
1 "New ship" means a ship constructed [three years after the entry into force of the Convention][after January 1, 20[10]].
2 "Existing ship" means a ship which is not a new ship.
3 "Constructed" in respect of a ship means a stage of construction where:
.1 the keel is laid; or
.2 construction identifiable with a specific ship begins; or
.3 assembly of the ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less.
[4 "Major conversion" means a conversion of an existing ship:
.1 which substantially alters the dimensions or carrying capacity of the ship; or
.2 which changes the type of the ship; or
.3 the intent of which in the opinion of the Administration is substantially to prolong its life; or
[.4 which otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of the present Convention not applicable to it as an existing ship.]]
5 "Anniversary date" means the day and the month of each year corresponding to the date of expiry of the International Ballast Water Management Certificate.
6 "Certificate" means the International Ballast Water Management Certificate.
Regulation A-2 General Applicability
Except where expressly provided otherwise, Ballast Water Management shall be conducted in accordance with this Annex.
Regulation A-3 Exceptions
The requirements of Regulation B-3, or any additional measures adopted by a Party pursuant to Section C, shall not apply to:
1 the uptake or discharge of Ballast Water and Sediments necessary for the purpose of ensuring the safety of a ship in emergency situations or saving life at sea; or
2 the accidental discharge of Ballast Water and Sediments resulting from damage to a ship or its equipment:
(a) provided that all reasonable precautions have been taken before and after the occurrence of the damage or discovery of the damage or discharge for the purpose of preventing or minimizing the discharge; and
(b) except if the owner, company or officer in charge wilfully or recklessly caused damage; or
3 the uptake and discharge of Ballast Water and Sediments when being used for the purpose of avoiding or minimizing pollution incidents from the ship; or
4 the discharge of Ballast Water and Sediments from a ship at the same location where the whole of that Ballast Water and those Sediments originated and provided that no mixing with Ballast Water and Sediments from other areas has occurred.
[Regulation A-4 Conditions to permit the discharge of unmanaged Ballast Water
A Party may permit the discharge into waters under its jurisdiction of Ballast Water, which has not been managed in accordance with Regulation B-3, [in respect of any single voyage, or voyages or route(s)][from any ship that operates exclusively on a single route]. Any such permission may only be given for a specific period of time based on an assessment of risk to the environment, human health, property or resources. Such discharge shall not impair or damage the environment, human health, property or resources of adjacent or other States. Any State that the Party determines may be adversely affected shall be consulted, with a view toward resolving any identified concerns. Any such discharge of ballast water shall be recorded in a ship's Ballast Water Management Record Book.]
Regulation A-5 Equivalent compliance
[Equivalent compliance with this Annex for pleasure yachts [not engaged in trade]*, less than 50 meters in length, and with a maximum Ballast Water capacity of 8 metric tonnes shall be determined in accordance with Guidelines to be developed by the Organization.]
SECTION B - MANAGEMENT AND CONTROL REQUIREMENTS FOR SHIPS
Regulation B-1 Ballast Water Management Plan
Each ship shall have on board and implement a Ballast Water Management Plan approved by the Administration. Such a plan shall be based on Ballast Water Management guidelines developed and adopted by the Organization. The Ballast Water Management Plan shall be specific to each ship and shall at least:
.1 detail safety procedures for the ship and the crew associated with Ballast Water Management as required by the Convention. This provision shall take into account a number of criteria, but not limited to, stability, longitudinal strength, sloshing, propeller immersion, minimum draft forward, and bridge visibility;
.2 provide a detailed description of the actions to be taken to implement the Ballast Water Management requirements and supplemental Ballast Water Management practices as set forth in the Convention;
.3 detail the procedures for the disposal of Sediments:
(a) at sea; and
(b) in port or dry-dock, in accordance with port State requirements;
.4 include the procedures for coordinating shipboard Ballast Water Management with the coastal or port State authorities in whose waters such actions take place;
.5 designate the officer on board in charge of ensuring that the plan is properly implemented;
.6 contain the reporting requirements for ships provided for under the Convention; and
.7 be written in the working language of the ship. If the language used is not English, French or Spanish, a translation into one of these languages shall be included.
Regulation B-2 Ballast Water Management Record Book
1 Each ship shall have on board a Ballast Water Management Record Book [or electronic record system]5, which shall at least contain the information specified in Appendix II.
2 Record Book entries shall be maintained on board the ship for a minimum period of two years after the last entry has been made and thereafter in the company's control for a minimum period of three years. Entries shall be written in the working language of the ship.
3 In the event of the discharge of Ballast Water pursuant to Regulations A-3, A-4 or B-3.4.5 or in the event of accidental or other exceptional discharge of Ballast Water not otherwise exempted by the Convention, an entry shall be made in the Ballast Water Management Record Book describing the circumstances of, and the reason for, the discharge.
4 The Record Book shall be kept readily available for inspection at all reasonable times and, except in the case of unmanned ships under tow, shall be kept on board the ship.
5 Each operation concerning Ballast Water Management shall be fully recorded without delay in the Ballast Water Management Record Book, so that all the entries in the book appropriate to that operation are completed. Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of the ship. The entries in the Ballast Water Management Record Book shall be in a working language of the ship. If that language is not English, French or Spanish the entries shall contain a translation into one of those languages.
6 The competent authority of the Government of a Party may inspect the Ballast Water Management Record Book on board any ship to which the Regulation applies while the ship is in its port or offshore terminal, and may make a copy of any entry in the book, and require the master of the ship to certify that the copy is a true copy of such entry. Any copy so made which has been certified by the master of the ship as a true copy of an entry in the ship's Ballast Water Management Record Book shall be made admissible in any judicial proceeding as evidence of the facts stated in the entry. The inspection of a Ballast Water Management Record Book and the taking of a certified copy by the competent authority under the paragraph 4 of this Regulation shall be performed as expeditiously as possible without causing the ship to be unduly delayed.
Regulation B-3 Ballast Water Management for Ships
[1 Except as otherwise provided in the Convention, new ships shall conduct Ballast Water Management that meets or exceeds the standard described in Regulation E-2.
2 Except as otherwise provided in the Convention, existing ships shall conduct Ballast Water management that meets or exceeds:
.1 the standard described in Regulation E-2, or
.2 the standard described in Regulation E-1. Existing ships employing this standard may do so [for the life of the ship][until 5 years after entry into force of the Convention][until a date certain based on the age of the ship].
Note: |
If a phase-out of BWE with variable dates by the age of the ship is to be included in the draft treaty, the phase-out dates that apply to ships of a given age would have to be determined. |
3 Paragraphs 1 and 2 of this Regulation do not apply to the discharge of Ballast Water to a reception facility designed taking into account the Guidelines developed by the Organization for such facilities.
4 Ships conducting Ballast Water Management in accordance with Paragraph 2.2 of this Regulation, (i.e., Ballast Water exchange), or using Ballast Water exchange to meet the standards in Regulation E-2 shall:
.1 whenever possible, conduct such Ballast Water exchange at least [200] nautical miles from the nearest land6 and in water at least [200] metres in depth, taking into account the Guidelines to be developed by the Organization.
.2 in cases where the ship is unable to conduct Ballast Water exchange in accordance with paragraph 4.1 of this Regulation, such Ballast Water exchange shall be conducted taking into account the Guidelines described in paragraph 4.1 and as far from the nearest land as possible, and in all cases [at least [12] [50] nautical miles from the nearest land] [and at least [200] metres in depth] [and/or] [at a distance from land as determined by the coastal State] [outside a Special Area approved by the Organization]. [Ballast Water exchange should not be conducted in any discharge-avoidance area determined by a coastal State. Such discharge avoidance areas should take into account the Guidelines developed by the Organization, and the Organization and neighbouring States, as applicable, shall be notified of the establishment of such areas.]7
.3 in cases where the ship is unable to conduct Ballast Water exchange at the distances or depths described in paragraphs 4.1 or 4.2, a port State may allow the ship to conduct Ballast Water exchange taking into account the Guidelines described in paragraph 4.1 in designated areas under its jurisdiction, under such conditions as the port State may prescribe, provided such conditions do not impair the environment, human health, property or resources of adjacent or other States.
.4 A ship shall not be required to deviate from its intended voyage, or delay the voyage, in order to comply with any particular requirement of paragraph 4.1 of this Regulation.
.5 Ships conducting Ballast Water exchange shall not be required to comply with paragraphs 4.1, 4.2 or 4.3, as appropriate if the master reasonably decides that such exchange would threaten the safety or stability of the ship, its crew, or its passengers because of adverse weather, vessel architectural design, equipment failure, or any other extraordinary condition.
.6 When a ship does not comply with paragraph 4.1, 4.2 or 4.3, for the reasons stated in paragraph 4.5, the reasons shall be entered in the Ballast Water Management Record Book.]
Regulation B-4 Sediment Management for Ships
1 All ships shall remove and dispose of Sediments from spaces designated to carry Ballast Water in accordance with the provisions of the ship's Ballast Water Management Plan.
2 New ships shall be designed and constructed to minimize the uptake and undesirable entrapment of Sediments, facilitate removal of Sediments, and to provide safe access to allow for Sediment removal and sampling, based on Guidelines to be developed by the Organization. Existing ships shall, to the extent practicable, comply with this paragraph.
Regulation B-5 Duties of Officers and Crew
Officers and crew engaged in Ballast Water Management shall be familiar with their duties in the implementation of Ballast Water Management particular to the ship on which they serve and shall, appropriate to their duties, be familiar with the Ballast Water Management Plan of that ship.
* to be further developed
5 The use of an electronic record system as an alternative to written records is to be considered.
6 Inclusion of the definition of "nearest land" should be considered similar to that given in Annex I of MARPOL 73/78, Regulation 1(9).
7 Bracketed options may also be seen in combination. The issue of short voyages should be considered when making a final choice between these options.
|