1 If a Party, individually or jointly with other
Parties, determines that measures in addition to those in Section B are necessary to prevent, reduce,
or eliminate the transfer of Harmful Aquatic Organisms and Pathogens
through ships' Ballast Water and Sediments, such Party or Parties
may, consistent with international law, require ships to meet a specified
standard or requirement.
2 Prior to establishing standards or requirements
under paragraph 1, a Party or Parties should consult with adjacent
or other States that may be affected by such standards or requirements.
3 A Party or Parties intending to introduce additional
measures in accordance with paragraph 1 shall:
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.1 take into account the Guidelines developed
by the Organization.
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.2 communicate their intention to establish additional
measure(s) to the Organization at least 6 months, except in emergency
or epidemic situations, prior to the projected date of implementation
of the measure(s). Such communication shall include:
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.1 the precise co-ordinates where additional measure(s)
is/are applicable;
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.2 the need and reasoning for the application
of the additional measure(s), including, whenever possible, benefits;
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.3 a description of the additional measure(s);
and
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.4 any arrangements that may be provided to facilitate
ships' compliance with the additional measure(s).
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.3 to the extent required by customary international
law as reflected in the United Nations Convention on the Law of the
Sea, as appropriate, obtain the approval of the Organization.
4 A Party or Parties, in introducing such additional
measures, shall endeavour to make available all appropriate services,
which may include but are not limited to notification to mariners
of areas, available and alternative routes or ports, as far as practicable,
in order to ease the burden on the ship.
5 Any additional measures adopted by a Party or
Parties shall not compromise the safety and security of the ship and
in any circumstances not conflict with any other convention with which
the ship must comply.
6 A Party or Parties introducing additional measures
may waive these measures for a period of time or in specific circumstances
as they deem fit.