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SECTION C - SPECIAL REQUIREMENTS IN CERTAIN AREAS
Regulation C-1 Additional measures
1 If a Party, individually or jointly with other Parties, determines that measures in addition to those in Section B are necessary to prevent, reduce, or eliminate the transfer of Harmful Aquatic Organisms and Pathogens through ships. Ballast Water and Sediments into areas under their jurisdiction, such Party or Parties may require ships as a condition of port entry to meet or exceed a specified standard or requirement.
2 Prior to establishing standards or requirements under Regulation C-1, a Party should consult with adjoining or nearby States that may be affected by such standards or requirements.
3 A Party or Parties intending to introduce additional measures in accordance to paragraph 1 of this Regulation shall:
.1 take into account the Guidelines developed by the Organization.
.2 communicate their intention to establish additional measure(s) to the Organization at least [6 months] prior to the projected date of implementation of the measure(s). [Such communication shall include:
(a) the precise co-ordinates where additional measure(s) is/are applicable;
(b) the need and reasoning required for the application of the additional measure(s), including whenever possible benefits;
(c) any additional records that may be required; and
(d) any arrangements that may be provided to facilitate ships' compliance with the additional measures.]
[Such a communication shall be accompanied with the information prescribed in Appendix III confirming the measures' consistency with the criteria contained in Guidelines developed by the Organization.
.3 Such a measure shall not be implemented by the Party if inconsistent with the criteria in paragraph 3.1.
4 A Party or Parties in introducing such additional measures shall [have in place] [provide] all the appropriate services, as far as practicable, in order to ease the burden on the ship.
5 Any additional measures adopted by a Party or Parties shall not compromise the safety, and security of the ship and in any circumstances not conflict with any other convention the ship must comply with.
6 A Party or Parties introducing additional measures may waive these measures for a period of time or in specific circumstances as it deems fit.
[7 Placeholder for the concept of liability burden.]]
Regulation C-2 Warnings Concerning Ballast Water Uptake in Certain Areas and Related Flag State Measures
1 A Party shall endeavour to notify mariners of areas under their jurisdiction where ships should not load or uptake Ballast Water due to known conditions. The Party shall include in such notices the precise coordinates of the area or areas, and, where possible, the location of any alternative area or areas for the uptake of Ballast Water. Warnings may be issued for areas:
.1 known to contain outbreaks, infestations, or populations of Harmful Aquatic Organisms and Pathogens (e.g., toxic algal blooms) which are likely to be of relevance to Ballast Water loading or discharge;
.2 nearby sewage outfalls; and
.3 where tidal flushing is poor or times during which a tidal stream is known to be more turbid.
2 In addition to notifying mariners of areas in accordance with the provisions of paragraph 1, a Party shall notify the Organization and any potentially affected coastal States of any areas identified in paragraph 1 and the time period such warning is likely to be in effect. The notice to the Organization and any potentially affected coastal States shall include the precise coordinates of the area or areas, and, where possible, the location of any alternative area or areas for the uptake of Ballast Water. The Party shall also notify mariners, the Organization, and any potentially affected coastal States when a given warning is no longer applicable.
3 Parties shall encourage ships entitled to fly their flag, and to which the Convention applies, to avoid, as far as practicable, the uptake, transfer and discharge of potentially Harmful Aquatic Organisms and Pathogens, as well as Sediments that may contain such organisms, including promoting the adequate implementation of recommendations developed by the Organization.
Regulation C-3 Communication of Information
The Organization shall make available, through any appropriate means, information communicated to it under Regulations C-1 and C-2 of this section.
[Regulation C-4 (Proposal by Italy)
States bordering enclosed or semi-enclosed seas, and States bordering sea areas of particular environmental concern shall endeavour to co-operate to identify and put into practice common measures for Ballast Water Management.]
[SECTION D - SPECIAL AREAS
[Proposal by Italy
1 "Special Areas" refers seas or parts of seas where for recognised technical reasons in relation to its hydro-geological regime and ecological characteristics and to the particular character of its traffic, the adoption of special mandatory methods for a stricter regulation of Ballast Water Management is required. Such Special Areas shall include those listed in Regulation C-3.
2 Methods for the minimization of the impact of Ballast Water exchange while operating in Special Areas:
.1 For the purpose of the Convention, the Special Areas are:
(a) The Mediterranean Sea
.2 Subject to the provisions of Article 3.2, and for the purposes of the Convention,
(a) Ballast Water exchange is prohibited in Special Areas as determined according to the Convention, beyond the limits of the Ballast Water exchange areas established by the riparian States though regional or sub-regional agreements;
(b) such areas are established in zones of the sea, which, for oceanographic conditions, are most likely to limit significantly the impact of organisms carried in Ballast Water; and
(c) the location of a Ballast Water exchange areas established according to paragraph 2(b), is communicated to the Organization at least [x period] prior to the projected date of implementation of the related agreement.]
[Proposal by Japan
1 In case of establishing the Special Area outside 12 nautical miles from the nearest land, the Party or Parties shall ensure that ports near the Special Area are provided with adequate reception facilities for Ballast Water. Such facilities shall have adequate capacity to meet the needs of he ships using them without causing undue delay.]]
SECTION E - STANDARDS FOR BALLAST WATER MANAGEMENT
Regulation E-1 Ballast Water Exchange Standard
1 Ships performing Ballast Water exchange in accordance with this Regulation shall do so with an efficiency of 95 per cent volumetric exchange of Ballast Water.
2 The method used to establish that a ship meets the standard in paragraph 1 shall be one of the accepted methods approved by the Organization.
3 Ships performing Ballast Water exchange in accordance with paragraph 1 shall be designed and constructed taking into account the Guidelines developed by the Organization8.
4 For existing ships constructed before [the date of entry into force of the Convention], pumping through three times the volume of each Ballast Water tank shall be considered equivalent to the standard described in paragraph 1.
Regulation E-2 Ballast Water Performance Standard
[Ships conducting Ballast Water Management in accordance with this Regulation shall discharge no more than [25] viable individuals per litre of zooplankton greater than [10] μm in size; and no more than [200] viable cells per ml of phytoplankton greater than [10] μm in size; and discharge of a specified set of indicator microbes shall not exceed specified concentrations.]
Regulation E-3 Additional criteria for Ballast Water Management systems
Ballast Water Management systems used to comply with the Convention must be:
.1 safe in terms of the ship and its crew;
.2 environmentally acceptable, i.e., not causing more or greater environmental impacts than it solves;
.3 practicable, i.e., compatible with ship design and operations;
.4 cost effective, i.e., economical; and
.5 biologically effective in terms of removing, or otherwise rendering inactive Harmful Aquatic Organisms and Pathogens in Ballast Water.
[Regulation E-4 Existing Equipment
1 For any ship that, prior to the date that the standard in E-2 would otherwise become effective for it, participates in a programme approved by the Administration to test and evaluate promising Ballast Water treatment technologies, the standard in E-2 shall not apply to that ship until five years from the date on which the ship would otherwise be required to comply with such standard.
2 For any ship that, after the date on which the standard in E-2 has become effective for it, participates in a programme approved by the Administration, taking into account Guidelines developed by the Organization, to test and evaluate promising Ballast Water technologies with the potential to result in treatment technologies achieving a standard higher than that in E-2, the standard in E-2 shall cease to apply to that ship for five years from the date of installation of such technology.
2 In establishing and carrying out any programme to test and evaluate promising Ballast Water technologies, Parties shall:
(a) take into account Guidelines developed by the Organization, and
(b) allow participation only by the minimum number of ships necessary to effectively test such technologies.
3 Throughout the experimental period, the treatment system must be operated consistently and as designed.
4 Any Administration that has approved a programme to test and evaluate promising Ballast Water treatment technologies shall, prior to allowing participation by any ship, seek concurrence to the ship's participation in the programme from any State whose ports the ship will enter.]
Regulation E-5 Review of Standards by the Organization
[1 At a meeting of the Committee held no later than three years before the earliest effective date of the standard set forth in Regulation E-2, the Committee shall undertake a review which includes a determination of whether appropriate technologies are available to achieve the standard, an assessment of the criteria in Regulation E-3, and an assessment of the socio-economic effect(s) on the developmental needs of small island developing States. The Committee shall also undertake periodic reviews, as appropriate, to examine the applicable requirements for existing ships as well as any other aspect of Ballast Water Management addressed in this Annex.]
[2 The Committee may form a group or groups to conduct the review(s) described in paragraph 1. The Committee shall determine the composition, terms of reference and specific issues to be addressed by any such group formed. Such groups may develop and recommend proposals for amendment of this Annex for consideration by the Parties. Only Parties may participate in the formulation of recommendations and amendment decisions taken by the Committee.]
3 If, based on the reviews described in this Regulation, the Parties decide to adopt amendments to this Annex, such amendments shall be adopted and enter into force in accordance with the procedures contained in Article [19] of the Convention.
8 The proposals submitted by Australia and the United Kingdom (MEPC 48/2/2) should form the basis of these Guidelines.
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