Resolution MEPC.161(56)
GUIDELINES FOR ADDITIONAL MEASURES REGARDING BALLAST WATER MANAGEMENT INCLUDING
EMERGENCY SITUATIONS (G13)
(Adopted on 13 July 2007)
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 (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 Section C of the Annex to the International Convention for the
Control and Management of Ships’ Ballast Water and Sediments provides that, if
a Party, individually or jointly with other Parties, determines that measures
in addition to those in Section B of the Convention are necessary to prevent,
reduce, or eliminate the transfer of harmful aquatic organisms and pathogens
through ships’ ballast water and sediments, such Party or Parties may,
consistent with international law, require ships to meet a specified standard
or requirement taking into account the Guidelines developed by the
Organization,
NOTING
ALSO that resolution 1 adopted by the International Conference on Ballast Water
Management for Ships invited the Organization to develop these Guidelines as a
matter of urgency,
HAVING
CONSIDERED, at its fifty-sixth session, the draft Guidelines for additional
measures regarding ballast water management including emergency situations
(G13) developed by the Ballast Water Working Group,
1.
ADOPTS the Guidelines for additional measures regarding ballast water
management including emergency situations (G13) as set out in the annex to this
resolution;
2.
INVITES Governments to apply these Guidelines as soon as possible, or when the
Convention becomes applicable to them; and
3.
AGREES to keep these Guidelines under review.
Annex.
GUIDELINES FOR ADDITIONAL MEASURES REGARDING BALLAST WATER MANAGEMENT INCLUDING
EMERGENCY SITUATIONS (G13)
1.1
The International Convention for the Control and Management of Ships’ Ballast
Water and Sediments, 2004, hereafter referred to as the "Convention",
regulates the transfer of harmful aquatic organisms and pathogens from ships’
ballast water and sediments.
1.2
These Guidelines have been developed pursuant to regulation C-1 of the
Convention. These Guidelines provide guidance under regulation C-1 for a Party
or Parties to use when determining if measures in addition to those in Section
B of the Convention are necessary in order to prevent, reduce or eliminate the
transfer of harmful aquatic organisms and pathogens through ships’ ballast
water and sediments.
1.3
The Guidelines should be kept under review in order to make use of experiences
gained in their application.
2. ASSESSMENT WHEN A
STATE INTENDS TO INTRODUCE ADDITIONAL MEASURES
2.1.1
The Convention, in regulation C-1 Additional Measures, provides that a Party
individually or jointly with other Parties, may introduce measures in addition
to those in Section B. A Party or Parties may require ships, in accordance with
international law, to meet or exceed a specified standard or requirement.
2.1.2
A Party intending to introduce additional measures should take these Guidelines
into account, and endeavour to make available all appropriate services for
ships to facilitate their compliance with any additional measures.
2.2.1
Before a Party, individually or jointly with other Parties, intends to
introduce additional measures in accordance with regulation C-1 of the
Convention, it should assess the need for and nature of the measures, which
should include:
.1
identification of the concern, i.e., the potential harm from the introduction
of harmful aquatic organisms and pathogens in the area to be covered by the
additional measures;
.2 description
of the cause(s) of the identified concern;
.3
identification of potential additional measures to be introduced; and
.4
identification of potential effects and consequences, beneficial and
detrimental, resulting from introduction of the proposed additional measure(s).
2.2.2
A Party should assess the character of the concern. Such an assessment may
include a consideration of such things as:
.1 What are the
probabilities or consequences of future introductions of harmful aquatic
organisms and pathogens on the environment, human health, property, or
resources?
.2 If harmful
aquatic organisms or pathogens have already been introduced, what effects are
they already having on the environment, human health, property or resources,
and how might this be affected by future introductions?
.3 Whether
ballast water from ships is a vector for the introduction of harmful aquatic
organisms and pathogens?
Identification of the additional measures to
be introduced
2.2.3
The additional measure(s) to be introduced shall be in accordance with Article
7.2 and regulation C-1.3 of the Convention, and should be clearly identified in
respect of:
.1 the area(s)
where the additional measure(s) is/are applicable defined by precise
co-ordinates;
.2 the operational
and/or technical requirement(s) which applies to ships in the area(s), and the
requirement(s) to provide documentation for compliance if needed;
.3 the
arrangements which may be provided to facilitate ships’ compliance with the
additional measure(s);
.4 the effective
date and duration of the measure(s); and
.5 any other
requirements and services in relation to the additional measure(s).
Effects and consequences of introduction of
the proposed measure(s)
2.2.4
The economic consequences resulting from the introduction of the additional
measure(s) should be taken into account. In this respect the following aspects
may be relevant:
.1 the economic
benefits and possible costs, including costs to the industry, associated with
the additional measure(s); and
.2 any other
effects and consequences.
2.3 Procedures to follow
when establishing additional measures
2.3.1
A Party or Parties intending to introduce additional measures in accordance
with regulation C-1 of the Convention should consult adjacent States and other
States that may be affected before the additional measures are decided upon so
that such consultations can, where appropriate, meaningfully inform decision
making. The Assessment as outlined in section 2.2 of these Guidelines should be
presented to affected States, and States should be invited to comment on the
draft assessment, if appropriate.
.1 In regulation
C-1 of the Convention two procedures for introducing additional measures are
possible – one procedure which requires IMO approval, and another procedure
which only requires IMO notification.
.2 The Party or
Parties should ensure that any additional measure(s) shall not compromise the
safety and security of the ship and in any circumstances not conflict with any
other conventions or customary international law with which the ship must
comply.
.3 The legal
determination upon which the additional measure(s) is submitted should be
identified.
.4 In
introducing additional measures, the Party or Parties should, inter alia,
provide the following information to the Organization, in particular the Marine
Environment Protection Committee (hereafter known as the "MEPC"):
.1 the
Assessment as outlined in section 2.2;
.2 the
identification of the legal determination upon which each additional measure(s)
is submitted; and
.3 the following
additional details:
.1 if the
additional measure(s) is already provided under an existing IMO instrument; or
.2 if the
additional measure(s) does not yet exist but could become available through
amendment of any IMO instrument or adoption of a new IMO instrument; or
.3 if the
additional measure(s) is proposed for adoption in the territorial sea1
or pursuant to the United Nations Convention on the Law of the Sea where
existing measures or a generally applicable measure would not adequately
address the concern identified in section 2.2.
__________________
1 This provision does not
derogate from the rights and duties of coastal States in the territorial sea as
provided for in the United Nations Convention on the Law of the Sea.
.5 Where a Party
or Parties may seek to introduce additional measures through the notifying
procedure, the IMO should be notified at least 6 months prior to the projected
date of implementation, except in emergency circumstances in accordance with
regulation C-1.3.2 of the Convention.
.6 In the case
where a Party or Parties intend to introduce additional measure(s) that
requires approval by the Organization under international law as reflected in
UNCLOS (see regulation C-1.3.3 of the Convention), the Party or Parties should,
in accordance with the rules adopted by the MEPC for submission of papers,
submit the application to introduce additional measure(s) to the MEPC for its
approval.
.7 In
considering additional measures that require the approval of the Organization,
the MEPC should be expected to consider an application submitted to it by a
proposing Party or Parties on a case-by-case basis. In assessing each proposal,
the MEPC should be expected in particular to consider:
.1 whether such
additional measures are in accordance with Article 7.2 and regulation C-1.3 of
the Convention;
.2 whether the
proposed additional measures are appropriate to prevent, reduce, or eliminate
the identified potential harm from the introduction of harmful aquatic
organisms and pathogens in the area to be covered by the additional measures;
.3 whether such
measures might result in an increased potential for significant adverse effects
by international shipping activities on the environment outside the area to be
covered by the additional measures; and
.4 whether such
measures might, inter alia, result in any impact on the safety and commercial
aspect of international shipping activities.
.8 In the case
where an application is submitted for approval, if the MEPC approves the
application, the additional measure(s) may be implemented. If the application
is not approved, the additional measure(s) cannot be implemented. The proposing
Party or Parties may submit a revised application to the Marine Environment
Protection Committee for approval subsequently.
2.4 Communication of
information
2.4.1
A Party or Parties intending to introduce additional measures should inform
adjacent States and other States that may be affected, the shipping industry in
general and ships entering the areas concerned as soon as possible, and in the
case of those measures requiring approval of the Organization, as soon as the
proposal has been so approved. The information should at least contain:
.1 the precise
co-ordinates where and applicable date when additional measure(s) is/are
applicable;
.2 the need and
reasoning for the application of the additional measure(s), including, whenever
possible, benefits;
.3 a description
of the additional measure(s); and
.4 any
arrangements that may be provided to facilitate ships’ compliance with the
additional measures.
2.4.2
Communications in accordance with regulation C-1 of the Convention shall be
submitted to the Marine Environment Protection Committee. Except in emergency
situations, the intention to establish such additional measures is required by
regulation C-1.3 to be communicated to the Organization at least six months
prior to