1. Regulatory update on the BWM Convention
Markus Helavuori, Technical Officer
Marine Environment Division | International Maritime Organization
Ballast Water Management Implementation Forum
UK Chamber of Shipping, 23 November 2016, London
Views expressed in this presentation are those of the authors and should not
be construed as necessarily reflecting the views of IMO or its Secretariat.
MARINE ENVIRONMENT DIVISION

2. Topics Entry into force! Latest developments at IMO
Review of Guidelines (G8)
Amending regulation B-3
MARINE ENVIRONMENT DIVISION

3. The BWM Convention will enter into force on
8 September 2017
Finland's Permanent Representative to IMO, H.E. Mrs. Päivi Luostarinen, Ambassador Extraordinary and Plenipotentiary, deposited the instrument of accession on 8 September 2016
MARINE ENVIRONMENT DIVISION

4. The Ballast Water Management Convention
Adopted 13 February 2004 after years of negotiation
Current ratification status: 53 States and 53.28% of world gross tonnage
Ratification process ongoing in a number of other countries
The Convention will enter into force on 8 September 2017
MARINE ENVIRONMENT DIVISION

5. But why do we need the BWM Convention?
Shipping breaks natural barriers for species dispersal
MARINE ENVIRONMENT DIVISION

6. Impacts of invasive aquatic species (IAS)
The spread of invasive species is recognized as one of the greatest threats to the ecological and economic wellbeing of the planet
Damage to biodiversity, property, resources and human health
Several examples of IAS causing damage of hundreds of millions US$/year
Damage to the environment is in most cases irreversible
Eradication of IAS impossible, with very few exceptions
Effects impossible to predict  prevention of invasions is key!
MARINE ENVIRONMENT DIVISION

7. Why has ratification taken so long?
Lack of associated guidelines
Adequate testing facilities
Lack of ballast water management systems (BWMS)
Installation capacity, bottlenecks, implementation schedule
Port State control, sampling and analysis
Robustness of Guidelines (G8)
Costs
Political will …
MARINE ENVIRONMENT DIVISION

8. IMO Technical Guidelines
Guidelines for sediment reception facilities (G1)
Guidelines for ballast water sampling (G2)
Guidelines for ballast water management equivalent compliance (G3)
Guidelines for ballast water management and development of ballast water management plans (G4)
Guidelines for ballast water reception facilities (G5)
Guidelines for ballast water exchange (G6)
Guidelines for risk assessment under regulation A-4 (G7)
Guidelines for approval of ballast water management systems (G8)
Procedure for approval of BWM systems that make use of Active Substances (G9)
Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10)
Guidelines for ballast water exchange design and construction standards (G11)
Guidelines for sediment control on ships (G12)
Guidelines for additional measures including emergency situations (G13)
Guidelines on designation of areas for ballast water exchange (G14)
Guidelines on port State control under the BWM Convention
+ a number of resolutions, circulars, etc.
MARINE ENVIRONMENT DIVISION

9. Ballast water treatment to meet the D-2 standard
MARINE ENVIRONMENT DIVISION

10. Availability of ballast water management systems
56 have been granted IMO Basic Approval
41 have been granted IMO Final Approval
Over 60 systems have been granted Type Approval by their Administration
Several more are under development and in various stages of the approval process
Technologies are available
(internationally anyway)!
MARINE ENVIRONMENT DIVISION

11. What is going on at IMO now?
MARINE ENVIRONMENT DIVISION

12. Recent and forthcoming meetings
Intersessional Working Group on the Review of Guidelines (G8) (17 to 21 October 2016)
MEPC 70 (24 to 28 October 2016)
PPR 4 (16 to 20 January 2017)
MEPC 71 (3 to 7 July 2017)
MARINE ENVIRONMENT DIVISION

13. The robustness of type approval in accordance with Guidelines (G8) has been criticized
…particularly in relation to:
reliability in various water conditions (temperature, salinity, turbidity, etc.) and reporting of limiting conditions;
sampling and analysis; and
US regulations (ETV protocol)
Work has been ongoing since 2014 in a Correspondence Group and the MEPC Ballast Water Review Group
Study on the implementation of regulation D-2 indicated some divergence in the interpretation of Guidelines (G8) among test facilities and Administrations; results did not demonstrate that approved BWMS would not meet D-2 (insufficient data as on-board use has been rare and efficacy monitoring even rarer)
MARINE ENVIRONMENT DIVISION

14. Intersessional Working Group on the Review of Guidelines (G8)
17 to 21 October 2016 at IMO Headquarters, London
Chaired by Chris Wiley (Canada)
Finalized the review of Guidelines (G8) based on outcome of the Correspondence Group for adoption by MEPC 70
Developed the application schedule of the revised Guidelines (G8)
MARINE ENVIRONMENT DIVISION

15. Revised Guidelines for approval of ballast water management systems (G8)
Revised Guidelines (G8) adopted by MEPC 70
Administrations are recommended to apply the revised G8 as soon as possible when approving BWMS, but no later than
BWMS installed on board ships on or after should be approved in accordance with the revised Guidelines (G8).
To be made mandatory. MEPC 71 to consider draft “Code for approval of BWMS”. Amendment of regulation D-3 also necessary.
Revised approval procedures for BWMS, including more robust test and performance specifications as well as more detailed requirements for type approval reporting, Limiting Operating Conditions, control and monitoring equipment, etc.
MARINE ENVIRONMENT DIVISION

16. Roadmap for the implementation of the BWM Convention
Non-penalization of early movers:
No need to replace BWMS type approved in accordance with current Guidelines (G8)
BWMS which are operated and maintained correctly do not need to be replaced due to occasional lack of efficacy
No sanctions, warnings, detentions, etc., solely due to occasional exceedance of D-2 standard if BWMS installed and operated correctly
MARINE ENVIRONMENT DIVISION

17. Roadmap for the implementation of the BWM Convention
Way forward:
Guidance on contingency measures to be developed
Trial period to be expanded into an experience building phase during which data is to be collected on the practical implementation of the Convention  review of BWM Convention and related guidelines
Correspondence Group established by MEPC 70
MARINE ENVIRONMENT DIVISION

18. Amendment of regulation B-3
MEPC 69 approved amendments to regulation B-3 of the Convention to reflect resolution A.1088(28), but they can not be adopted before the Convention is in force. (First IOPP renewal survey after entry into force.)
Two proposals for additional amendment of regulation B-3 were considered by MEPC 70, but the decision of MEPC 69 still stands. The matter will be revisited at MEPC 71 in 2017.
Amendment by Parties only, in accordance with article 19:
Circulation by the Secretary-General after entry into force.
Consideration and adoption by MEPC minimum six months after circulation (2/3 majority of Parties present and voting).
Tacit acceptance 0-12 months after adoption (date determined by MEPC).
Entry into force of amendment 6 months after acceptance.
Total time, in practice at least 18 to 24 months from e.i.f.
Resolution on early implementation of amendments prior to entry into force?
Explain what B-3 is.. Talk about the new proposals?
Tacit acceptance, 1/3 of parties need to object.
MARINE ENVIRONMENT DIVISION

19. Further outcome of MEPC 70
Exceptions and exemptions
MEPC agreed that the “same risk area” concept may be applied when granting exemptions under reg. A-4 and Guidelines (G7)
Concept builds on risk assessments and consultations between States in accordance with the provisions or regulation A-4
No further guidance needed, but minor amendments to Guidelines (G7) to be developed at MEPC 71
Exemptions to ships operating exclusively in one area, when doing a maintenance journey outside that area: guidance not needed
Exceptional discharge of ballast water from cargo tanks: guidance not needed
MARINE ENVIRONMENT DIVISION

20. Further outcome of MEPC 70
Other topics
Addition of freshwater data to a BWMS with prior Final Approval: procedure to be considered by GESAMP-BWWG
Amendment of Guidelines for ballast water exchange (G6) agreed; IMO Secretariat to prepare revised version
Unified Interpretation related to ballast water exchange (regulation D-1): to be further considered at PPR 4
Sampling, analysis and continuous monitoring of ballast water: to be further considered at PPR 4
Agreed that port-based treatment concept is within scope of the Convention and does not require MEPC approval as ‘Other Method’
Basic and Final Approval of BWMS making use of Active Substances
MARINE ENVIRONMENT DIVISION

21. Concluding remarks The BWM Convention will enter into force soon
Minimizes the risk of invasions by alien species via ballast water
Provides a global level playing field for international shipping
Shipowners and Administrations need to get ready
Ratification highly encouraged
Not perfect – amendments only after entry into force (by Parties only!)
MARINE ENVIRONMENT DIVISION

22. flickr.com/photos/ imo-un/collections
twitter.com/imohq
facebook.com/imohq
youtube.com/imohq
flickr.com/photos/ imo-un/collections
MARINE ENVIRONMENT DIVISION