Chapter 1 – General
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Statutory Documents - IMO Publications and Documents - Resolutions - Marine Environment Protection Committee - Resolution MEPC.252(67) – Guidelines for Port State Control Under the BWM Convention – (Adopted on 17 October 2014) - Annex – Guidelines for Port State Control Under the BWM Convention - Chapter 1 – General

Chapter 1 – General

  1.1 Purpose

  1.1.1 These guidelines are intended to provide basic guidance for the conduct of a port State control (PSC) inspection to verify compliance with the requirements of the International Convention for the Control and Management of Ship's Ballast Water and Sediments, 2004 (BWM Convention). They are not intended to limit the rights the port State has in verifying compliance with the BWM Convention.

  1.1.2 The Marine Environment Protection Committee, at its sixty-fifth session (May 2013), approved the Guidance on ballast water sampling and analysis for trial use in accordance with the BWM Convention and Guidelines (G2) (BWM.2/Circ.42) and agreed in principle with the recommendations related to the trial period for reviewing, improving and standardizing the guidance, as set out in annex 6 to document BLG 17/18.

  1.2 Definitions and abbreviations

  1.2.1 For the purpose of these guidelines, the definitions in the BWM Convention and in BWM.2/Circ.42 apply.

  1.2.2 For the purpose of these guidelines, the following abbreviations apply:

  • IBWMC: International Ballast Water Management Certificate;

  • BWMP: Ballast Water Management Plan;

  • BWRB: Ballast Water Record Book;

  • BWMS: Ballast Water Management System;

  • FSUs: Floating Storage Units; and

  • FPSOs: Floating Production, Storage and Offloading unit.

  1.3 Application

  1.3.1 These guidelines apply to ships as stipulated in article 3 of the BWM Convention.

  1.3.2 The regulations of the BWM Convention contain the following compliance provisions:

  • .1 the discharge of ballast water shall only be conducted in accordance with the regulations of the BWM Convention (regulation A-2);

  • .2 an IBWMC is required for all ships of 400 GT or above, excluding floating platforms, FSUs and FPSOs, as identified in regulation E-2;

  • .3 a ship is required to have on board and implement a BWMP approved by the Administration;

  • .4 a ship is required to have on board and maintain a BWRB which shall at least contain the information specified in appendix II of the BWM Convention, for a minimum period of two years after the last entry has been made (regulation B-2);

  • .5 a ship is required to meet either the ballast water exchange standard (regulation D-1) or ballast water performance standard (regulation D-2) in accordance with regulation B-3. The PSCO, however, should only enforce this in accordance with the schedule in resolution A.1088(28);

  • .6 ballast water exchange is conducted at least 200 nm from the nearest land and in water at least 200 m in depth, or in cases where the ship is unable, at least 50 nm from the nearest land and in water at least 200 m in depth, or in a designated ballast water exchange area and is required to be conducted in accordance with regulation B-4;

  • .7 sediment is removed and disposed from spaces designated to carry ballast water in accordance with the provisions of the ship's BWMP;

  • .8 officers and crew shall be familiar with their duties in the implementation of ballast water management particular to the ship and ship's BWMP (regulation B-6);

  • .9 any exemptions from the BWM Convention shall be recorded in the BWRB (regulation A-4.4) as well as records of any accidental and exceptional discharges (regulation B-2.3) and instances where ballast water was not exchanged in accordance with the BWM Convention (regulation B-4.5);

  • .10 a ship is required to report accidents or defects that affect its ability to manage ballast water to the flag State and the port State (regulation E-1.7);

  • .11 the condition of a ship, and its equipment, systems and processes shall be maintained to conform with the BWM Convention (regulation E-1.9); and

  • .12 after any survey of a ship under regulation E-1.1 has been completed, no change shall be made in the structure, equipment, fittings, arrangements or material associated with the BWMP and covered by the survey without the sanction of the Administration, except the direct replacement of such equipment or fittings (regulation E-1.10).

  1.3.3 The regulations of the BWM Convention contain the following exceptions to the specific compliance provisions detailed below:

  • .1 exception to ballast water management requirements in the case of uptake or discharge of ballast water and sediments necessary for the purpose of ensuring the safety of a ship in emergency situations or saving life at sea (regulation A-3.1);

  • .2 exception to ballast water management requirements under certain conditions in the case of the accidental discharge or ingress of ballast water and sediments resulting from damage to a ship or its equipment (regulation A-3.2);

  • .3 exception to ballast water management requirements in the case of the uptake and discharge of ballast water and sediments when being used for the purpose of avoiding or minimizing pollution incidents from the ship (regulation A-3.3);

  • .4 exception to the ballast water management requirements in the case of the uptake and subsequent discharge on the high seas of the same ballast water and sediments (regulation A-3.4);

  • .5 exception to the ballast water management requirements in the case of the discharge of ballast water and sediments from a ship at the same location where the whole of the ballast and those sediments originated and provided that no mixing with unmanaged ballast water and sediments from other areas has occurred (regulation A-3.5);

  • .6 exception to the ballast water management requirements in the case of the discharge of ballast water to a reception facility designed taking into account the Guidelines for ballast water reception facilities (G5) (regulation B-3.6); and

  • .7 exception to the ballast water exchange requirements in the case where the master reasonably decides that such exchange would threaten the safety or stability of the ship, its crew, or its passengers because of adverse weather, ship design or stress, equipment failure, or any other extraordinary condition (regulation B-4.4).

  1.3.4 With respect to ships of non-parties to the BWM Convention, port State control officers (PSCO) of Parties should apply the same requirements to ensure that no more favourable treatment is given to such ships.

  1.3.5 The BWM Convention provides for a transition between two standards of ballast water management: from the ballast water exchange standard (regulation D-1) to the ballast water performance standard (regulation D-2). Resolution A.1088(28) on Application of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 should be used by the PSCO instead of the schedules of regulation B-3 for the purpose of enforcing compliance with the ballast water performance standard.

Parent topic: Annex – Guidelines for Port State Control Under the BWM Convention
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