1 The purpose of this circular is to provide guidance on the application of the BWM
Convention to ships operating in sea areas where ballast water exchange in accordance
with regulation B-4.1 and D-1 is not possible. This guidance is only applicable to ships
which are not required to meet the ballast water performance standard prior to its
implementation schedule in accordance with regulation B-3.
2 The Committee recommends that, until the date a ship is required to meet the ballast
water performance standard described in regulation D-2 (D-2 standard) in accordance with
regulation B-3, a ship operating in a sea area where ballast water exchange in
accordance with regulation B-4.1 and D-1 is not possible:
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.1 should not be required to meet the D-2 standard;
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.2 should not be required to meet the D-2 standard regardless if the ship does not
comply with regulation B-3.6 (Discharge to a ballast water reception facility),
B-3.7 (Other methods) or A-4 (Exemptions) of the BWM Convention;
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.3 should not be required to proceed under regulation B-3.6, B-3.7 or A-4 of the
BWM
Convention; and
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.4 should record the reasons why ballast water exchange was not conducted in
accordance with regulation B-4.5.
3 In cases where the port State has established designated areas for ballast water
exchange in accordance with regulation B-4.2, regulation B-4.2 should be implemented as
referred to in paragraph 10.3 of the Guidelines on designation of areas for ballast
water exchange (G14) (resolution MEPC.151(55)):
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.1 the ship should comply with the terms of use for those areas provided by the
port State. In case no terms of use are provided, the ship should not be required
to deviate from its intended voyage, or delay the voyage, in order to conduct
ballast water exchange; and
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.2 when a ship does not have sufficient time to carry out the exchange for all of
its ballast water complying with the standard in regulation D-1, the ship, taking
into account the Ballast Water Management plan, should comply with the terms of
use for those areas provided by the port State in accordance with paragraph 10.3
of the Guidelines (G14).