RECALLING Article 15(j) of the Convention on the International
Maritime Organization concerning the functions of the Assembly in
relation to regulations and guidelines concerning prevention and control
of marine pollution from ships,
RECALLING ALSO Resolution A.774(18) by which it recognized
that the uncontrolled discharge of ballast water and sediment from
ships has led to the transfer of harmful aquatic organisms and pathogens
causing injury to public health and damage to property and the environment,
and accordingly adopted Guidelines for Preventing the Introduction
of Unwanted Aquatic Organisms and Pathogens from Ships' Ballast Water
and Sediment Discharges, and further that the Marine Environment Protection
Committee (MEPC) and the Maritime Safety Committee (MSC) shall keep
the ballast water issue and the application of the Guidelines under
review with a view to further developing the Guidelines as a basis
for a new Annex to MARPOL 73/78,
RECALLING FURTHER that the 1992 United Nations Conference
on Environment and Development (UNCED), in its Agenda 21 requests
IMO to consider the adoption of appropriate rules on ballast water
discharge to prevent the spread of non-indigenous organisms and further
proclaims in its Declaration on Environment and Development that States
shall widely apply the precautionary approach according to their capabilities,
BEARING IN MIND that MEPC/Circ.288 recognized that the existing
Guidelines do not provide a complete solution towards the total prevention
of the introduction of harmful aquatic organisms and pathogens, but
urged that focus should be directed on measures aimed at minimizing
the risks, emphasizing further that in applying the existing Guidelines,
the ship's safety was of paramount importance,
NOTING the objectives of the Convention on Biological Diversity,
1992, and that the transfer and introduction of alien aquatic species
with ballast water threatens the conservation and sustainable use
of biological diversity,
NOTING FURTHER the status of work carried out by MEPC as
requested by Resolution A.774(18) concerning the development of legally
binding provisions on ballast water management together with guidelines
for their effective implementation, as well as the Guidance on Safety
Aspects of Ballast Water Exchange at Sea prepared by the Sub-Committee
on Ship Design and Equipment, and distributed as MEPC/Circ.329 and MSC/Circ.806, both of 30 June 1997,
RECOGNIZING that several States have taken unilateral action
by adopting legally binding provisions for local, regional or national
application with a view to minimizing the risks of introducing harmful
aquatic organisms and pathogens through ships entering their ports,
and also that this issue, being of worldwide concern, demands action
based on globally applicable regulation together with guidelines for
their effective implementation and uniform interpretation,
HAVING CONSIDERED the recommendation of the MEPC at its
fortieth session on this issue,
1. ADOPTS the Guidelines for the Control and Management
of Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic
Organisms and Pathogens set out in the Annex to the present resolution;
2. REQUESTS Governments to take urgent action
in applying these Guidelines, including the dissemination thereof
to the shipping industry, and to use them as a basis for any measures
they adopt with a view to minimizing the risks of introducing harmful
aquatic organisms and pathogens and to report to the MEPC on any experience
gained in their implementation;
3. REQUESTS ALSO the MEPC to work towards completion
of legally binding provisions on ballast water management in the form
of a new Annex to MARPOL 73/78, together with guidelines for their
uniform and effective implementation with a view to their consideration
and adoption in the year 2000;
4. REQUESTS FURTHER the MSC to include in its
workplan the evaluation of information received from interested Parties,
particularly that relevant to paragraph
12.2 of the guidelines adopted herewith, with a view to determining
the hazards and potential consequences for various existing ship types
and operations. The MSC is also requested to consider any other relevant
issues concerning ballast water management as well as design objectives
for new ships with a view to minimizing to the extent possible risks
of introducing harmful aquatic organisms and pathogens with ships'
ballast water and sediments;
5. REVOKES Resolution A.774(18).