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 international conventions
for the prevention and control of marine pollution from ships,
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,
RECALLING FURTHER that article 9 of
the Ballast Water Management Convention prescribes that ships to which
the Convention applies may, in any port or offshore terminal of another
Party, be subject to inspection by officers duly authorized by that
Party for the purpose of determining whether the ship is in compliance
with the Convention,
NOTING that article 3.3 of the
Ballast Water Management Convention prescribes that Parties to the
Convention shall apply its requirements as may be necessary to ensure
that no more favourable treatment is given to ships of non-Parties
to the Convention,
HAVING CONSIDERED, at its sixty-seventh session, Guidelines
for port State control under the BWM Convention
,
developed by the Sub-Committee on Implementation of IMO Instruments,
at its first session,
1 ADOPTS the Guidelines for port State control
under the BWM Convention
, as set out
in the annex to this resolution;
2 INVITES Governments to apply the guidelines
when exercising port State control inspections;
3 AGREES to keep the guidelines under review,
following the trial period associated with the Guidance on ballast
water sampling and analysis for trial use in accordance with the BWM
Convention and Guidelines (G2) (BWM.2/Circ.42) and in the light of experience gained with their application.