11.1 Consistent with the precautionary approach
to environmental protection, these Guidelines can apply to all ships
unless specifically exempted by a port State authority within its
jurisdiction. In accordance with section
5.2 above, port State authorities should inform the Organization
on how these Guidelines are being applied.
11.2 Member States have the right to manage ballast
water by national legislation. However, any ballast discharge restrictions
should be notified to the Organization.
11.3 In all cases, a port State authority should
consider the overall effect of ballast water and sediment discharge
procedures on the safety of ships and those on board. Guidelines will
be ineffective if compliance is dependent upon the acceptance of operational
measures that put a ship or its crew at risk. Port States should not
require any action of the master which imperils the lives of seafarers
or the safety of the ship.
11.4 It is essential that ballast water and sediment
management procedures be effective as well as environmentally safe,
practicable, designed to minimize costs and delays to the ship, and
based upon these Guidelines whenever possible.
11.5 Any instructions or requirements of a ship
should be provided in a timely manner and be clear and concise.
11.6 Port States should on request provide a visiting
ship with any requested information relative to ballast water management
and its potential effects with respect to harmful aquatic organisms
and pathogens.
11.7 Any enforcement or monitoring activities
should be undertaken in a fair, uniform and nationally consistent
manner at all ports within the port State. Where there are compelling
reasons whereby nationally consistent procedures cannot be followed
then deviations should be reported to the Organization.
11.8 Compliance monitoring should be undertaken
by port State authorities by, for example, taking and analysing ballast
water and sediment samples to test for the continued survival of harmful
aquatic organisms and pathogens.
11.9 Where ballast water or sediment sampling
for compliance or effectiveness monitoring is being undertaken, port
State authorities should minimize delays to ships when taking such
samples.
11.10 When sampling for research or compliance
monitoring, the port State authority should give as much notice as
possible to the ship that sampling will occur, to assist in planning
staffing and operational resources.
11.11 The master has a general obligation to provide
reasonable assistance for the above monitoring which may include provision
of officers or crew, provision of the ship's plans, records pertaining
to ballast arrangements and details concerning the location of sampling
points.
11.12 Sampling methods for research and monitoring
is the responsibility of the individual port State. The Organization
welcomes information on new or innovative methods of sampling and/or
analysis, and any relevant information should be provided to it.
11.13 Port State authorities should indicate to
the master or responsible officer the purpose for which a sample is
taken (i.e., monitoring, research or enforcement). Results of analyses
of samples should be made available to ship's operators on request.
11.14 Port State authorities may sample or require
samples to analyse ballast water and sediment, before permitting a
ship to proceed to discharge its ballast water in environmentally
sensitive locations. In the event that harmful aquatic organisms or
pathogens are found to be present in the samples, a port State's contingency
strategy may be applied.