RECALLING Article 196(1) of the 1982 United Nations Convention
on the Law of the Sea (UNCLOS), which provides that "States shall
take all measures necessary to prevent, reduce and control pollution
of the marine environment resulting from the use of technologies under
their jurisdiction or control, or the intentional or accidental introduction
of species, alien or new, to a particular part of the marine environment,
which may cause significant and harmful changes thereto,"
NOTING the objectives of the 1992 Convention on Biological
Diversity (CBD) and that the transfer and introduction of Harmful
Aquatic Organisms and Pathogens via ships' ballast water threatens
the conservation and sustainable use of biological diversity as well
as decision IV/5 of the 1998 Conference of the Parties (COP 4) to
the CBD concerning the conservation and sustainable use of marine
and coastal ecosystems, as well as decision VI/23 of the 2002 Conference
of the Parties (COP 6) to the CBD on alien species that threaten ecosystems,
habitats or species, including guiding principles on invasive species,
NOTING FURTHER that the 1992 United Nations Conference on
Environment and Development (UNCED) requested the International Maritime
Organization (the Organization) to consider the adoption of appropriate
rules on ballast water discharge,
MINDFUL of the precautionary approach set out in Principle
15 of the Rio Declaration on Environment and Development and referred
to in resolution MEPC.67(37), adopted by the Organization's Marine
Environment Protection Committee on 15 September 1995,
ALSO MINDFUL that the 2002 World Summit on Sustainable Development,
in paragraph 34(b) of its Plan of Implementation, calls for action
at all levels to accelerate the development of measures to address
invasive alien species in ballast water,
CONSCIOUS that the uncontrolled discharge of Ballast Water
and Sediments from ships has led to the transfer of Harmful Aquatic
Organisms and Pathogens, causing injury or damage to the environment,
human health, property and resources,
RECOGNIZING the importance placed on this issue by the Organization
through Assembly resolutions A.774(18) in
1993 and A.868(20) in 1997, adopted
for the purpose of addressing the transfer of Harmful Aquatic Organisms
and Pathogens,
RECOGNIZING FURTHER that several States have taken individual
action with a view to prevent, minimize and ultimately eliminate the
risks of introduction of 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 regulations together
with guidelines for their effective implementation and uniform interpretation,
DESIRING to continue the development of safer and more effective
Ballast Water Management options that will result in continued prevention,
minimization and ultimate elimination of the transfer of Harmful Aquatic
Organisms and Pathogens,
RESOLVED to prevent, minimize and ultimately eliminate the
risks to the environment, human health, property and resources arising
from the transfer of Harmful Aquatic Organisms and Pathogens through
the control and management of ships' Ballast Water and Sediments,
as well as to avoid unwanted side-effects from that control and to
encourage developments in related knowledge and technology,
CONSIDERING that these objectives may best be achieved by
the conclusion of an International Convention for the Control and
Management of Ships' Ballast Water and Sediments,