Transcript IMO Ballast Water Convention Diplomatische Konferenz Feb. 2004

IMO Ballast Water Convention
Diplomatic Conference Feb. 2004
This presentation was compiled
by Stephan Gollasch and
does not necessarily reflect the views of
the
German Delegation at IMO.
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Diplomatic Conference
• The conference was held 9-13. Feb. 2004
• With 74 IMO Member Countries , EC, 18 NGOs,
> 500 participants
• In total 35 Submissions (BWM/CONF/1-35) and
7 INF-Papers (BWM/CONF/INF/1-7) were
submitted
• The convention was signed on Friday, the 13th (!)
of Feb. 2004 by 67 IMO Member Countries
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
• Submissions BWM/CONF/1-35:
– IMO Sekretariat
– AWES (Association of European Shipbuilders and
Shiprepairers)
– ICS (International Chamber of Shipping)
– UN DOALOS (Division for Ocean Affairs and the Law of the
Sea)
– WHO (World Health Organization)
– Brazil, Columbia, Croatia, Croatia-Italy-Slovenia, Denmark,
Germany, Japan, Mexico, Netherlands, Norway, United
Kingdom and USA
• INF-Papers 1-7:
– ICES (ICES/IOC/IMO WGBOSV)
– Brazil, Japan, Netherlands and United Kingdom
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Convention
• The Convention consists of Articles 1-22
(13 pages) with the following Annexes:
– Regulations A-1 to E-5 (15 pages)
– Appendix I Form of International BWM Certificate
– Appendix II Ballast Water Record Book
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Highlights
• Article 3 Application / This Ballast Water Management Convention (BWMC) shall not apply to:
– ships not designed to carry ballast water (BW)
– ships which only operate in waters of one Party, unless
the Party determines that BW discharge would damage
the environment, human health etc.
– ships which only operate in waters of one Party and the
high seas
– warships, naval auxiliary and others used only in
governmental non-commercial service
– permanent BW in sealed tanks, not subject to discharge
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Highlights
• Article 5 Sediment Reception Facilities
– where cleaning and repair of BW tanks occurs
– discharge to reception facilities should not cause delays
– sediments disposal should not damage the environment
• Article 6 Scientific and Technical Research
– Parties shall endeavour to promote, facilitate and monitor
research on BW Management (BWM)
– including onboard sampling, analysis of the effectiveness
and adverse effects of BWM methods
• Article 7 Survey and Certification
– Each party shall survey and certifiy its ships
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Highlights
• Article 8 Violations
– Any violation within the jurisdiction of a Party shall be
prohibited and sanctions shall be established. Sanctions
shall be adequate in severity to discourage violations
• Article 9 Inspections of Ships
– in any port or offshore terminal of a Party to determine
whether the ship is in compliance with this Convention
(including inspection of BW record book, validity of
Certificate and BW sampling -> no delay)
– ships without valid certificate -> detailed inspection.
No BW discharge until proven harmless
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Highlights
• Article 13 Technical Assistance, Co-operation and
Regional Co-operation
– train personnel, availability of technology, equipment and
facilities, joint research, implementation of BWMC
• Article 14 Communication of Information
– Each Party or ship shall report to IMO on BWM
requirements and on availability of reception facilities
• Article 18 Entry into Force
– 12 months after 30 States with 35% of the worlds gross
tonnage have ratified the convention
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations
• Section A - General Provisions
• Section B - Management and Control
Requirements for Ships
• Section C - Special Requirements in Certain Areas
• Section D - Standards for Ballast Water
Management
• Section E - Survey and Certification Requirements
for Ballast Water Management
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section A
• Regulation A-3 Exceptions
Requirements of regulation B-3 shall not apply to:
– uptake or discharge to ensure safety in emergency
situations
– accidental discharge resulting from damage
– uptake and discharge when used to avoid pollution
incidents
– uptake and discharge on high seas of the same BW
– discharge from BW at the same location where the whole
of that BW originated (no mixing with unmanaged BW)
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section A
• Regulation A-4 Exemptions
Exemptions to B-3 or C-1 may be granted:
– for ships on voyages between specified ports or locations
– according to risk assessment developed by IMO
– but exemptions shall not damage the environment of
adjacent or other states
• Regulation A-5 Equivalent Compliance
according to Guidelines developed by IMO for:
– pleasure craft (recreation, competition, search and
rescue) less than 50 m with max. BW capacity of 8 m³
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section B
• Regulation B-4 Ballast Water Exchange
BWE should be undertaken:
– 200 nm and 200 m depth*, or if not possible
– 50 nm and 200 m depth*, or if not possible
– in areas designated by the Port State*
* neither deviation nor delay of the ship
– BWE should only be undertaken when safety of the ship
is guaranteed
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section C
• Regulation C-1 Additional Measures (to Section B)
Additional measures can be undertaken by:
– a Party or jointly with other Parties
– when consistent with international law
– in consultation with adjacent or other states
• Regulation C-2 Warnings concerning BW uptake...
(BW uptake should be avoided):
– in cases of outbreakes of harmful aquatic organisms,
– near sewage outfalls, and
– in cases of poor tidal flushing
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section D
• Regulation D-1 BWE Standard
– at least 95% volumetric exchange
– pump through method - three times. Less than three times
accepted when ship demonstrates that at least
95% volumetric exchange is met
• Regulation D-2 BW Performance Standard
– < 10 viable organisms ≥ 50 µm minimum size per m³, and
– < 10 viable organisms < 50 µm and ≥ 10 µm minimum size per ml,
– discharge of indicator microbes:
• Vibrio cholerae less than 1 cfu per 100 ml or 1 gr zooplankton
• E. coli less than 250 cfu per 100 ml
• Enterococci less than 100 cfu per 100 ml
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section B
Regulation B-3 Ballast Water Management
Built
< 2009
< 2009
>=2009
BW m³
2005
2006
2007
2008
15005000
<1500
>5000
2009
2010
2011
2012
2013
2014
D1/D2
2015
2016
D2
D2
D1/D2
<5000
D2
>=2009
< 2012
>5000
>=2012
>5000
D1/D2
D2
D2
Reg. D-5 Review of
Standards by IMO
prior 1. Jan. 2006
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section D
• Regultion D-3 Approval Requirements for BWM
Systems:
– mechanical, physical, biological (fungi & viruses) and
systems using active substances (chemical treatment)
must be approved by IMO (guidelines to be developed)
– systems must be safe for ship, equipment and crew
• Regulation D-4 Prototype BWT Technologies
– for ships having installed BWT systems to test and
evaluate promising BWT systems prior to date required
in D-2, standards in D-2 shall not apply until 5 years
from the date on which the ship should otherwise be
required to comply with D-2. Needs approval by IMO
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section D
• Regulation D-5 Review of Standards by IMO
– review to assess best available technology
– prior 1. Jan. 2006
– review considering in addition:
• safety and environmental aspects,
• practicability,
• cost, and
• biological effectiveness
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
Regulations, Section E
• Regulation E-1 Surveys
– for ships of 400 gross tonnage and above
– verification of BWM plan and equipment
• initial survey before ship put in service
• renewal survey not exceeding five years
• intermediate surveys
• additional survey after change, replacements or
significant repair
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
BWMC
Appendix I
• Form of International BWM Certificate
– name of ship, port of registry etc.
– details of BWM used (installation date,
manufacturer)
– principal BWM method employed according to
Regulation D-1, D-2, prototype testing
• Documentation of Annual / Intermediate
Surveys according to Section E
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch
BWMC
Appendix II
• Ballast Water Record Book
Dokumentation:
–
–
–
–
of BW uptake (date, time, port or lat/long, volume)
if BW is circulated or treated for BWM purposes
of BW discharge into the sea and reception facilities
of accidental or other exceptional uptake or
discharge of BW
Highlights of IMO Ballast Water Management Convention, Dr. Stephan Gollasch