Article 3 - Application
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - International Conventions - BWM - International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 - Articles of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 - Article 3 - Application

Article 3 - Application

  1 Except as expressly provided otherwise in this Convention, this Convention shall apply to:

  • (a) ships entitled to fly the flag of a Party; and

  • (b) ships not entitled to fly the flag of a Party but which operate under the authority of a Party.

  2 This Convention shall not apply to:

  • (a) ships not designed or constructed to carry Ballast Water;

  • (b) ships of a Party which only operate in waters under the jurisdiction of that Party, unless the Party determines that the discharge of Ballast Water from such ships would impair or damage their environment, human health, property or resources, or those of adjacent or other States;

  • (c) ships of a Party which only operate in waters under the jurisdiction of another Party, subject to the authorization of the latter Party for such exclusion. No Party shall grant such authorization if doing so would impair or damage their environment, human health, property or resources, or those of adjacent or other States. Any Party not granting such authorization shall notify the Administration of the ship concerned that this Convention applies to such ship;

  • (d) ships which only operate in waters under the jurisdiction of one Party and on the high seas, except for ships not granted an authorization pursuant to sub-paragraph (c), unless such Party determines that the discharge of Ballast Water from such ships would impair or damage their environment, human health, property or resources, or those of adjacent of other States;

  • (e) any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service. However, each Party shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such ships owned or operated by it, that such ships act in a manner consistent, so far as is reasonable and practicable, with this Convention; and

  • (f) permanent Ballast Water in sealed tanks on ships, that is not subject to discharge.

  3 With respect to ships of non-Parties to this Convention, Parties shall apply the requirements of this Convention as may be necessary to ensure that no more favourable treatment is given to such ships.

Parent topic: Articles of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004
Copyright 2022 Clasifications Register Group Limited, International Maritime Organization, International Labour Organization or Maritime and Coastguard Agency. All rights reserved. Clasifications Register Group Limited, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as 'Clasifications Register'. Clasifications Register assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Clasifications Register entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract.