6 Guidance on Legal Issues
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Circulars - Ballast Water Management - BWM.2/Circular.27 – International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 – (5 October 2010)... - Annex – Framework for Determining when a Basic Approval Granted to One Ballast Water Management System may be applied to Another System that uses the Same Active Substance or Preparation - 6 Guidance on Legal Issues

6 Guidance on Legal Issues

  6.1 A legally binding agreement under which access to information within an original Basic Approval is granted could include:

  • .1 name and address of the person to whom the Basic Approval rights are being shared;

  • .2 identification of each item of Basic Approval data being shared including:

    • .1 the name of the Active Substance and Preparation or item of data;

    • .2 whether the agreement is an exclusive use agreement, and, if so, when the period of exclusive use protection expires;

    • .3 the name of the person or laboratory that conducted the study;

    • .4 a statement that the applicant and approval holder understand that any false statement may be punishable under international, national or local legislation; and

    • .5 the names, signatures and titles of the applicant and the approval holder, and the date signed;

  • .3 in addition, the approval holder should submit to the Administration a notarized statement affirming that the person signing the agreement is authorized by the approval holder to bind the applicant.

  6.2 The manufacturer seeking to use the Basic Approval for a BWMS that makes use of an Active Substance or Preparation for the purpose of Final Approval, should ensure that all relevant international, national and local legislation has been complied with.

Parent topic: Annex – Framework for Determining when a Basic Approval Granted to One Ballast Water Management System may be applied to Another System that uses the Same Active Substance or Preparation
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