Resolution
MEPC.151(55)
GUIDELINES ON DESIGNATION OF AREAS FOR BALLAST WATER EXCHANGE (G14)
(Adopted on 13 October 2006)
THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
RECALLING Article 38(a) of the Convention on the
International Maritime Organization concerning the functions of the Marine
Environment Protection Committee conferred upon it by the international
conventions for the prevention and control of marine pollution,
RECALLING ALSO that the International Conference on
Ballast Water Management for Ships held in February 2004 adopted the
International Convention for the Control and Management of Ships’ Ballast Water
and Sediments, 2004 (the Ballast Water Management Convention) together with
four Conference resolutions,
NOTING that Regulation A-2 of the Ballast Water
Management Convention requires that discharge of ballast water shall only be
conducted through Ballast Water Management in accordance with the provisions of
the Annex to the Convention,
NOTING FURTHER that regulation B-4.2 of the Convention
stipulates that in sea areas where the distance from the nearest land or the
depth does not meet the parameters described in Regulation B-4.1, the port
State may designate areas, in consultation with adjacent or other States, as
appropriate, where a ship may conduct ballast water exchange and MEPC 52
identified the need for additional guidance on the designation of areas for
ballast water exchange,
NOTING ALSO that resolution 1 adopted by the
International Conference on Ballast Water Management for Ships invited the
Organization to develop the Guidelines for uniform application of the
Convention as a matter of urgency,
HAVING CONSIDERED, at its fifty-fifth session, the
draft Guidelines on designation of areas for ballast water exchange (G14)
developed by the Ballast Water Working Group, and the recommendation made by
the Sub-Committee on Bulk Liquids and Gases at its tenth session,
1. ADOPTS the Guidelines on designation of areas for
ballast water exchange (G14) as set out in the Annex to this resolution;
2. INVITES Governments to apply the Guidelines as
soon as possible, or when the Convention becomes applicable to them; and
3. AGREES to keep the Guidelines under review.
Annex.
GUIDELINES ON DESIGNATION OF AREAS FOR BALLAST WATER EXCHANGE (G14)
1.1 The purpose of these Guidelines is to provide
guidance to port States for the identification, assessment and designation of
sea areas where ships may conduct ballast water exchange in accordance with
Regulation B-4.2 of the International Convention for the Control and Management
of Ships’ Ballast Water and Sediments (the Convention).
2.1 Regulation B-4.2 of the Convention allows port
States to designate areas, in consultation with adjacent or other States, as
appropriate, where ships may conduct ballast water exchange.
2.2 These Guidelines provide generic guidance to
promote uniform application of Regulation B-4.2 in designating areas for
ballast water exchange to minimize the risk of introduction of harmful aquatic
organisms and pathogens. Party or Parties designating an area according to
Regulation B-4.2 should endeavour not to impair or damage their environment,
human health, property or resources or those of other States (under Article 2.6
of the Convention).
3.1 These Guidelines are intended for port States
considering and intending to designate areas for ballast water exchange in
accordance with Regulation B-4.2. Regulation B-4.2 states that "in sea
areas where the distance from the nearest land or the depth does not meet the
parameters described in paragraph 1.1 or 1.2, the port State may designate
areas, in consultation with adjacent or other States, as appropriate, where a
ship may conduct Ballast Water exchange".
4.1 For the purposes of these Guidelines, the
definitions in the Convention apply.
5. PROCESS FOR THE
DESIGNATION OF SEA AREAS FOR BALLAST WATER EXCHANGE
5.1 There are three integral steps to designating an
area as a ballast water exchange area: identification, assessment and
designation. The Guidelines provide criteria to address and consider for each
of these steps (see sections 7, 8 and 9), however these criteria are not
intended to be exhaustive.
5.2 A port State considering designating ballast
water exchange areas shall do this in accordance with its rights and
obligations under international law.
6. CONSULTATION AND
REGIONAL CO-OPERATION
6.1 The port State should consult with adjacent or
other States, as appropriate, when identifying, assessing and designating
potential ballast water exchange areas. It must be recognized that some States
may not be a Party to the Convention, however this should not negate the
consultation process. The port State initiating the consultation process should
exchange information and should take into account all views and comments of the
adjacent and other States as far as practicable. States should endeavour to
resolve any identified concerns.
6.2 If multiple Parties wish to jointly designate
ballast water exchange areas, they could do so under Article 13.3 of the
Convention through a regional agreement.
7. IDENTIFICATION OF
POTENTIAL SEA AREAS FOR BALLAST WATER EXCHANGE
7.1 Depending upon the nature of the seas
surrounding the port State, it may be considered appropriate for single or multiple
ballast water exchange areas to be identified.
7.2 The following considerations should be taken
into account when identifying potential sea area(s) for undertaking ballast
water exchange:
7.2.1 Any national or international legal requirements
or obligations should be considered in identifying potential sea areas for
designation under Regulation B-4.2.
7.2.2 Sea areas beyond the jurisdiction of a port
State may provide the most practical and appropriate area for ballast water
exchange. A Party should not designate ballast water exchange areas in waters
under the jurisdiction of another State, without its agreement and consultation
with adjacent and other States. Consultation should be initiated as soon as
possible in the process to facilitate exchange of information and agreement for
the designation of the ballast water exchange area (see section 6).
Important resources and
protected areas
7.2.3 In the designation of ballast water exchange
area, Parties should consider and avoid, to the extent practicable, potential
adverse impact in aquatic areas protected under national or international law,
as well as other important aquatic resources including those of economic and
ecological importance.
7.2.4 Any designation of ballast water exchange
areas should take into account navigation impacts, including the desirability
of minimizing delays, as appropriate, taking into consideration the following:
.1
the area should be on existing routes if possible,
.2
if the area cannot be on existing routes, it should be as close as possible to
them.
7.2.5 Constraints to safe navigation must be
considered when selecting the location and size of the ballast water exchange
area. Such considerations should include, but are not limited to:
.1
increased shipping traffic congestion;
.2
proximity to other vessel traffic (small craft, offshore platforms, etc.);
.3
adequate aids to navigation;
.4
security of the area; and
.5
shipping lanes/routeing systems.
8. ASSESSMENT OF
IDENTIFIED SEA AREAS
8.1 Risk assessment is a logical process for
objectively assigning the likelihood and consequences of specific events. Risk
assessments can be qualitative or quantitative, and can be a valuable decision
aid if completed in a systematic and rigorous manner.
8.1.1 The following key principles define the nature
and performance of risk assessment:
.1
Effectiveness - That risk assessments accurately measure the risks to the
extent necessary to achieve an appropriate level of protection.
.2
Transparency - That the reasoning and evidence supporting the actions
recommended by risk assessments, and areas of uncertainty (and their possible
consequences to those recommendations), are clearly documented and made
available to decision-makers.
.3
Consistency - That risk assessments achieve a uniform high level of
performance, using a common process and methodology.
.4
Comprehensiveness - That the full range of values, including economic,
environmental, social and cultural, are considered when assessing risks and
making recommendations.
.5
Risk Management - Low risk scenarios may exist, but zero risk is not
obtainable, and as such risk should be managed by determining the acceptable
level of risk in each instance.
.6
Precautionary - That risk assessments incorporate a level of precaution when
making assumptions, and making recommendations, to account for uncertainty,
unreliability, and inadequacy of information. The absence of, or uncertainty
in, any information should therefore be considered an indicator of potential
risk.
.7
Science based - That risk assessments are based on the best available
information that has been collected and analysed using scientific methods.
.8
Continuous improvement - Any risk model should be periodically reviewed and
updated to account for improved understanding.
8.2 The identified ballast water exchange area(s)
should be assessed in order to ensure that its designation will minimize any
threat of harm to the environment, human health, property or resources taking
into account but not limited to the following criteria:
8.2.1 Oceanographic (e.g., currents, depths)
-
Currents, upwellings or eddies should be identified and considered in the
evaluation process. Sea areas where currents disperse discharged ballast water
away from land should be selected where possible.
-
Areas where tidal flushing is poor or where a tidal stream is known to be
turbid, should be avoided where possible.
-
The maximum water depth available should be selected where possible.
8.2.2 Physico-chemical (e.g., salinity, nutrients,
dissolved oxygen, chlorophyll "a")
-
High nutrient areas should be avoided where possible.
8.2.3 Biological (e.g., presence of Harmful Aquatic
Organisms and Pathogens, including cysts; organisms density)
-
Areas known to contain outbreaks, infestations, or populations of Harmful
Aquatic Organisms and Pathogens (e.g. harmful algal blooms) which are likely to
be taken up in Ballast Water, should be identified and avoided where possible.
8.2.4 Environmental (e.g., pollution from human
activities)
-
Sea area(s) that may be impacted by pollution from human activities (e.g.,
areas nearby sewage outfalls) where there may be increased nutrients or where
there may be human health issues, should be avoided where possible.
-
Sensitive aquatic areas should be avoided to the extent practicable.
8.2.5 Important resources (e.g., fisheries areas,
aquaculture farms)
-
Location of important resources, such as key fisheries areas and aquaculture
farms should be avoided.