Measures to be taken to facilitate entry into force of the International Convention for the
Control and Management of Ships’ Ballast Water and Sediments, 2004
Proposal Submitted by ICS, BIMCO, CLIA, IMCA, INTERCARGO, INTERFERRY, InterManager, INTERTANKO, IPTA, ITF, IUMI, the Nautical Institute and WSC
The co-sponsors of this proposal on believe that amongst Member States there is a recognition that significant challenges need to be addressed in order to facilitate entry into force and effective implementation of the Convention. Furthermore the co-sponsors believe it is now recognized by all stakeholders that there is genuine uncertainty for the consistent performance of type approved ballast water systems that have been installed or are being considered for installation by shipowners to meet the precise D-2 standard under all operating conditions.
There appears to be a common belief shared by Member States and the shipping industry alike of the need to strengthen the G8 Guidelines. There is only a perceived difference in position concerning the timing of the review and implementation of revised guidelines in relation to entry into force of the Convention. The co-sponsors remain hopeful that there is a willingness on the part of the Organization to listen to the concerns voiced by industry
The industry is committed to the environmental goals of the Convention. To this end and in good faith, the co-sponsors submit a draft MEPC Resolution (annexed to this proposal) that proposes the necessary steps to build the required confidence. Agreement to the proposed resolution with actions both prior to and after entry into force would be a clear demonstration of the will of all stakeholders to deliver a Convention that truly delivers its intended benefits.
The co-sponsors maintain that the legal changes needed to make the ballast regime globally applicable and fit for purpose – such as making the G8 Guidelines more robust including its legal basis and agreeing a provision for considering first generation type approved equipment acceptable – are relatively straightforward. They can be agreed in principle by IMO Member States quickly and prior to entry into force of the Convention with commitment being made to the adoption of the necessary amendments to the Convention following its entry into force.
The co-sponsors propose that a comprehensive and exhaustive review of the G8 Guidelines should be undertaken by the Organization and that the review of the G8 Guidelines should commence as soon as possible and before the Convention enters into force. The review as a minimum should address the items detailed in points 1 to 6 of the annex to the draft MEPC resolution
Noting that it is possible that the Convention may enter into force before the completion of the review of the G8 Guidelines, Parties to the Convention should ensure the existing G8 Guidelines are fully applied in their approved test facilities.
It is essential to avoid any discouragement to fit ballast water treatment equipment before the carriage requirement becomes mandatory and therefore it should be agreed that ‘First Generation’ type-approved equipment, installed in good faith prior to the Convention’s entry into force and before the G8 Guidelines have been reviewed and the revised G8 Guidelines applied, shall be considered acceptable (grandfathered) for the life of the ship. For Port State Control purposes a new category of ‘gross non-compliance’ should be defined for application to these systems in order to allow for some small variation in treatment efficacy during normal operation. ‘First Generation’ equipment should be recognised as such, valuing its contribution of important information relating to the operational performance of early installations. Such information is invaluable to facilitate improvements in the effectiveness of later generations of equipment.
It is proposed that the agreement amongst Parties to the Convention to the effect that, as soon as the Convention has entered into force, the agreed ”trial period” moratorium on non-compliance during the sampling and analysis ”trial period” shall be viewed as an experience building phase and therefore penalties should be limited to instances of deliberate non- compliance.
There is a need to recognize that the real intent of the Convention relating to Inspection of Ships is firstly that inspection for compliance should start with confirmation of the installation of type-approved equipment and the records of its correct operation. Only after ‘clear grounds’ for non-compliance have been established should sampling of ballast water by Port State Control be necessary or appropriate. Therefore it is proposed that Parties to the Convention, recognising the nature of the perceived problems would, as soon as the Convention enters into force, commit to reviewing Article 9 of the Convention ‘Inspection of Ships’ with a view to its amendment at paragraph 1.c ( the provision for sampling of the ship’s ballast water during inspection) and with the objective of moving it under paragraph 2 of the same article relating to actions determined following the establishment of “clear grounds”
The Organization should re-enforce through an appropriate MEPC circular that the Port State Control regime is intended to monitor for diligent application of the Convention and that it is not the intention of the Convention to penalise owners and ships crews which in good faith have fitted and conscientiously operated type-approved equipment correctly.
The industry firmly believes that the actions proposed above would facilitate the entry into force and effective application of this unique Convention that will then be instrumental in controlling any real threat of cross boundary biological invasions through the ballast water
vector
The co-sponsors are aware that, in addition, to the issues addressed in this paper there are additional implementation difficulties to be faced by ships trading in limited local areas (short sea shipping) and that these will have to be addressed by contracting governments.
The co-sponsors further believe that such agreement would provide the necessary confidence building to assure the most effective implementation of the Convention by the vast majority of stakeholders. The greater good for environmental protection will undoubtedly be achieved by facilitating the Convention’s entry into force in the practical manner proposed above. If there are occasions when the D-2 standard is not fully met, there will nevertheless remain a net benefit to environmental protection and the control of invasive risk. This will be a far preferable situation to that currently existing.
Source: ICS
In the origin, I was frank with you propecia before and after has changed my existence. It has become much more fun, and now I have to run. Just as it is improbable to sit.
