BWM-2004

Adopted on 13-02-2004 & Entry into force on 08-09-2017

International convention for control and management of ship's ballast water and Sediments.

All ships are required to implement a BWM plan.

All ships to carry BW record book.

All ships will required to carry out BWM procedure to a given standard.

There are 22-Articles, 5-Sections and 1-Annex.

Articles:

1-Definitions.

2-General obligations.

3-Application.

4-Control of the Transfer of Harmful Aquatic Organisms and Pathogens Through Ships‘ Ballast Water and Sediments 

5-Sediment Reception Facilities 

6-Scientific and Technical Research and Monitoring  

7-Survey and certification 

8-Violations 

9-Inspection of Ships  

10-Detection of Violations and Control of Ships 

11-Notification of Control Actions 

12-Undue Delay to Ships 

13-Technical Assistance, Co-operation and Regional Co-operation  

14-Communication of information 

15-Dispute Settlement 

16-Relationship to International Law and Other Agreements 

17-Signature, Ratification, Acceptance, Approval and Accession  

18-Entry into Force  

19-Amendments 

20-Denunciation  

21-Depositary 

22-Languages

Sections:

A- GENERAL PROVISION

B-MANAGEMENT AND CONTROL REQUIREMENTS FOR SHIPS
C-SPECIAL REQUIREMENTS IN CERTAIN AREAS
D-STANDARDS FOR BALLAST WATER MANAGEMENT

E-SURVEY AND CERTIFICATION REQUIREMENTS FOR BALLAST WATER MANAGEMENT

 

IMPORTANT ARTICLES

Article 1-IMPORTANT DEFINITIONS

(i) Ballast water:-  Water with its suspended matter taken on board a ship to control trim, list, draft, stability or stresses or the ship.

(ii) Aquatic organisms and pathogens - If introduced into the sea, including estuaries, or into fresh water courses, they may Create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas.

(iii) Sediments :- Matter settled out of ballast water within the ship.

(iv) Ship :- Any vessel of any type whatsoever operating in the aquatic environment, including submersibles, floating craft, floating platforms, Floating Storage Units (FSUs) and Floating Production, Storage and Offloading facilities (FPSOs).

(v) From the nearest land From the baseline from which the territorial sea of a territory is established in accordance with International law.

(vi) Active substance:- An organism, virus or fungus that has a general or specific action on or against harmful aquatic organisms and pathogens.

Article 2- GENERAL OBLIGATION

Parties to undertake comprehensive actions in order to prevent, reduce and if possible eliminate the transfer of harmful aquatic organisms and pathogens through the control and management of ships ballast water and sediments.

 They are given the right to take, individual or jointly with other parties, more stringent measures with respect the prevention, reduce or elimination of transfer of harmful aquatic organisms & pathogens.

Article 3- APPLICATION

The Convention shall apply to all ships except the following ships:

(i) Ship not designed or constructed to carry ballast water.

(ii) Warship or other ship owned or operated by a State and used only on government non-commercial service, provided that the State adopts appropriate measures for such ships, which are reasonably and practically consistent with this convention.

(iii)  Ship carrying permanent ballast water in sealed tanks, which stall not discharge

(iv) Ship operating only within the Jurisdiction of the Flag State and on the high seas, or only within the jurisdiction of another State, subject to the authorization of that State, provided that it is determined that discharge of ballast water from such ship will not damage the environment of that Slate or another adjacent State.

• Ship belonging to a State, which is not a party to the convention, shall be given no more favourable treatment.

• Pleasure craft used for recreation or competition and search and rescue crat, of LOA <50m., and ballast water capacity < 8 m3, provided that the Flag Stale prescribes equivalent requirements, in accordance with the IMO guidelines. 

Article 5- SEDIMENT RECEPTION FACILITIES

(i) Each State shall previde adequate reception facilities in accordance with the IMO guidelines, to receive sediments from a ship after cleaning or repairing its ballast tanks, without unduly delaying the ship. They shall also arrange to dispose off the sediments without damaging their environment or that of other States.

(ii) A State shall Inform the IMO if such facilities are alleged to be inadequate.

Article 7- SURVEY AND CERTIFICATION
• Every ship shall be surveyed and certified by the Flag State in accordance with the Annex.
• Implementation of any additional measures imposed by a State in accordance with Reg. C-1, shall be the responsibility of that State. These measures shall not be subject to additional surveys by the Flag State.

Article 8- VIOLATIONS

Violation of the requirements of the convention shall be prohibited. If it occurs then sanctions shall be established by the Flag State and the Port State in accordance with their laws, which shall be adequate in severity to discourage such violations.

Article 9, 10 AND 11- PORT STATE CONTROL

(a) Ship may be subject to inspection by Port State, which shall be limited to following actions:

(i) Verifying that the ship has valid International ballast water management certificate.

(ii) Inspecting the ballast water record book and making copies or entries, duly certified by the Master. Reg. B-2.6

(iii) Taking sample of the ship's ballast water, in accordance with the IMO guidelines.

(b) If the sample shows that the ship poses a threat to the environment, then it shall not discharge the ballast water until the threat is removed.

(c) If a ship does not carry a valid certificate, Or there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the certificate, or the Master or crew are not familiar with essential shipboard procedures relating to ballast water management, then a detailed inspection may be carried out, and during this period the ship shall not discharge ballast water until it is said to do so.

(c) Ship may be permitted to leave port to discharge the ballast water or to proceed to the nearest repair yard or reception facility, provided there is no threat to the environment.

(d) If the inspection indicates any violation then the Port State shall notify the ship, the RO which issued the certificate and the Flag State. If the ship is allowed to leave port then it shall also Inform the next port of call.

(e) Port State may also inspect the ship, which has violated this convention, if requested to do so by any State, and send the report to that State and the Flag Slate.

(f) Ship belonging to a State, which is not a party to the convention, shall be given no more favorable treatment.

Article 12 - UNDUE DELAY TO SHIPS

If the ship is unduly detained or delayed under Article 7.2., 8, 9 or 10, it shall be entitled to compensation for loss or damage suffered.

Article 14 - COMMUNICATION OF INFORMATION

Each State shall communicate following information to IMO, who shall inform all other States :

(i) Laws and guidelines for implementing the convention,

(ii) Availability and location of reception facilities for ballast water and sediment.

(iii) If any ship is unable to comply with the convention.

(iv) Special measures adopted by a State in compliance with Regs. C-1 and C-2.

IMPORTANT REGULATIONS UNDER 5 SECTIONS:

SECTION A - GENERAL PROVISIONS

SECTION B-MANAGEMENT AND CONTROL REQUIREMENTS FOR SHIPS 

Regulation B-1 Ballast Water Management Plan 

 Each ship shall have on board and implement a Ballast Water Management plan. Such a plan shall be approved by the Administration taking into account Guidelines developed by the Organization. The Ballast Water Management plan shall be specific to each ship and shall at least: 

1 detail safety procedures for the ship and the crew associated with Ballast Water Management as required by this Convention; 

2 provide a detailed description of the actions to be taken to implement the Ballast Water Management requirements and supplemental Ballast Water Management practices as set forth in this Convention; 

3 detail the procedures for the disposal of Sediments: 

(i) at sea; and 

(ii) to shore; 

4 include the procedures for coordinating shipboard Ballast Water Management that involves discharge to the sea with the authorities of the State into whose waters such discharge will take place; 

5 designate the officer on board in charge of ensuring that the plan is properly implemented; 

6 contain the reporting requirements for ships provided for under this Convention; and 

7 be written in the working language of the ship. If the language used is not English, French or Spanish, a translation into one of these languages shall be included. 

 

Regulation B-2 Ballast Water Record Book 

1 Each ship shall have on board a Ballast Water record book that may be an electronic record system, or that may be integrated into another record book or system and, which shall at least contain the information specified in Appendix II. 

2 Ballast Water record book entries shall be maintained on board the ship for a minimum period of two years after the last entry has been made and thereafter in the Company‘s control for a minimum period of three years. 

3 In the event of the discharge of Ballast Water pursuant to regulations A-3, A-4 or B-3.6 or in the event of other accidental or exceptional discharge of Ballast Water not otherwise exempted by this Convention, an entry shall be made in the Ballast Water record book describing the circumstances of, and the reason for, the discharge. 

4 The Ballast Water record book shall be kept readily available for inspection at all reasonable times and, in the case of an unmanned ship under tow, may be kept on the towing ship. 

5 Each operation concerning Ballast Water shall be fully recorded without delay in the Ballast Water record book. Each entry shall be signed by the officer in charge of the operation concerned and each completed page shall be signed by the master. The entries in the Ballast Water record book shall be in a working language of the ship. If that language is not English, French or Spanish the entries shall contain a translation into one of those languages. When entries in an official national language of the State whose flag the ship is entitled to fly are also used, these shall prevail in case of a dispute or discrepancy. 

6 Officers duly authorized by a Party may inspect the Ballast Water record book on board any ship to which this regulation applies while the ship is in its port or offshore terminal, and may make a copy of any entry, and require the master to certify that the copy is a true copy. Any copy so certified shall be admissible in any judicial proceeding as evidence of the facts stated in the entry. The inspection of a Ballast Water record book and the taking of a certified copy shall be performed as expeditiously as possible without causing the ship to be unduly delayed. 

 

Regulation B-3 Ballast Water Management for Ships 

1. A ship constructed before 2009: 

(i) with a Ballast Water Capacity of between 1,500 and 5,000 cubic metres, inclusive, shall conduct Ballast Water Management that at least meets the standard described in regulation D-1 or regulation D-2 until 2014, after which time it shall at least meet the standard described in regulation D-2; 

(ii) with a Ballast Water Capacity of less than 1,500 or greater than 5,000 cubic meters shall conduct Ballast Water Management that at least meets the standard described in regulation D-1 or regulation D-2 until 2016, after which time it shall at least meet the standard described in regulation D-2. 

2. A ship to which paragraph 1 applies shall comply with paragraph 1 not later than the first intermediate or renewal survey, whichever occurs first, after the anniversary date of delivery of the ship in the year of compliance with the standard applicable to the ship. 

3. A ship constructed in or after 2009 with a Ballast Water Capacity of less than 5,000 cubic metres shall conduct Ballast Water Management that at least meets the standard described in regulation D-2. 

4. A ship constructed in or after 2009, but before 2012, with a Ballast Water Capacity of 5,000 cubic metres or more shall conduct Ballast Water Management in accordance with paragraph 1.2. 

5. A ship constructed in or after 2012 with a Ballast Water Capacity of 5000 cubic metres or more shall conduct Ballast Water Management that at least meets the standard described in regulation D-2. 

6. The requirements of this regulation do not apply to ships that discharge Ballast Water to a reception facility designed taking into account the Guidelines developed by the Organization for such facilities. 

7. Other methods of Ballast Water Management may also be accepted as alternatives to the requirements described in paragraphs 1 to 5, provided that such methods ensure at least the same level of protection to the environment, human health, property or resources, and are approved in principle by the Committee. 

Regulation B-4 Ballast Water Exchange 

1. A ship conducting Ballast Water exchange to meet the standard in regulation D-1 shall: 

(i) whenever possible, conduct such Ballast Water exchange at least 200 nautical miles from the nearest land and in water at least 200 metres in depth, taking into account the Guidelines developed by the Organization; 

(ii) in cases where the ship is unable to conduct Ballast Water exchange in accordance with paragraph 1.1, such Ballast Water exchange shall be conducted taking into account the Guidelines described in paragraph 1.1 and as far from the nearest land as possible, and in all cases at least 50 nautical miles from the nearest land and in water at least 200 metres in depth. 

2. In sea areas where the distance from the nearest land or the depth does not meet the parameters described in paragraph 1.1 or 1.2, the port State may designate areas, in consultation with adjacent or other States, as appropriate, where a ship may conduct Ballast Water exchange, taking into account the Guidelines described in paragraph 1.1. 

3. A ship shall not be required to deviate from its intended voyage, or delay the voyage, in order to comply with any particular requirement of paragraph 1. 

4. A ship conducting Ballast Water exchange shall not be required to comply with paragraphs 1 or 2, as appropriate, if 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. 

5. When a ship is required to conduct Ballast Water exchange and does not do so in accordance with this regulation, the reasons shall be entered in the Ballast Water record book. 

 

Regulation B-5 Sediment Management for Ships 

1 All ships shall remove and dispose of Sediments from spaces designated to carry Ballast Water in accordance with the provisions of the ship‘s Ballast Water Management plan. 

2 Ships described in regulation B-3.3 to B-3.5 should, without compromising safety or operational efficiency, be designed and constructed with a view to minimize the uptake and undesirable entrapment of Sediments, facilitate removal of Sediments, and provide safe access to allow for Sediment removal and sampling, taking into account guidelines developed by the Organization. Ships described in regulation B-3.1 should, to the extent practicable, comply with this paragraph. 

Regulation B-6 Duties of Officers and Crew

 Officers and crew shall be familiar with their duties in the implementation of Ballast Water Management particular to the ship on which they serve and shall, appropriate to their duties, be familiar with the ship‘s Ballast Water Management plan. 

SECTION C-SPECIAL REQUIREMENTS IN CERTAIN AREAS

A party, individual or jointly with other partied, may impose on ship additional measures to prevent, reduce or eliminate the transfer of harmful aquatic organisms and pathogens through ships' Ballast water and sediments. In these cases, the party or parties should consult with adjoining or nearby states that may be affected by such standards or requirements and should communicate their intention to establish additional measure(s) to the Organisation at least 6 months, except in emergency or epidemic situations, prior to the projected date of implementation of the measure(s). When appropriate, Partied will have to have to obtain approval of IMO. 

SECTION D - STANDARDS FOR BALLAST WATER MANAGEMENT 

Regulation D-1 Ballast Water Exchange Standard 

1. Ships performing Ballast Water exchange in accordance with this regulation shall do so with an efficiency of at least 95 percent volumetric exchange of Ballast Water. 

2. For ships exchanging Ballast Water by the pumping-through method, pumping through three times the volume of each Ballast Water tank shall be considered to meet the standard described in paragraph 1. Pumping through less than three times the volume may be accepted provided the ship can demonstrate that at least 95 percent volumetric exchange is met. 

Regulation D-2 Ballast Water Performance Standard 

1. Ships conducting Ballast Water Management in accordance with this regulation shall discharge less than 10 viable organisms per cubic metre greater than or equal to 50 micrometres in minimum dimension and less than 10 viable organisms per millilitre less than 50 micrometres in minimum dimension and greater than or equal to 10 micrometres in minimum dimension; and discharge of the indicator microbes shall not exceed the specified concentrations described in paragraph 2. 

2. Indicator microbes, as a human health standard, shall include: 

(i) Toxicogenic Vibrio cholerae (O1 and O139) with less than 1 colony forming unit (cfu) per 100 millilitres or less than 1 cfu per 1 gram (wet weight) zooplankton samples ; 

(ii) Escherichia coli less than 250 cfu per 100 milliliters; 

(iii) Intestinal Enterococci less than 100 cfu per 100 milliliters. 

Regulation D-3 Approval requirements for BWM system

Ballast Water Management systems must be approved by the Administration taking into account Guidelines developed by the Organization. These include systems which make use of chemicals or biocides; make use of organisms or biological mechanisms; or which alter the chemical or physical characteristics of the ballast water. 

 

Regulation D-4 Prototype Ballast Water Treatment Technologies 

It allows for ships participating in a program approved by Administration to test and evaluate promising Ballast Water treatment technologies to have leeway of five years before having to comply with the requirements. 

Regulation D-5 Review of Standards by the Organization 

IMO is required to review the ballast water performance standard, taking into account a number of criteria include safety considerations; environmental acceptability, i.e not causing more or greater environmental impacts than it solves; practicability, i.e compatibility with ship design and operations; cost effectiveness; and biological effectiveness in terms of removing or otherwise rendering inactive harmful aquatic organisms and pathogens in ballast water. The review should include a determination of whether appropriate technologies are available to achieve the standard, an assessment of above mentioned criteria, and an assessment of socioeconomic effects(s) specially in relation to developmental needs of improving countries, particularly small island developing states. 

SECTION E - SURVEY AND CERTIFICATION REQUIREMENTS FOR BALLAST WATER MANAGEMENT 

Gives reuirements for initial renewal, annual, intermediate and renewal surveys and certification requirements.