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Ballast Water ManagementConvention PSC Issues

SAFEMED III – Ballast Water Training

EMSA, Lisboa - 3rd /4th September 2014

Brian Elliott

Senior Project Officer for Environmental Protection

EMSA 

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The bio-invasion of alien invasive species into the ballast water carried

by ships is not visible and does not alert the costal populations or

government or media (like in the case of accidental oil pollution from

ships)….. but the damages in the eco-system could be extremely serious

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The Ballast Water Management Convention

aims to stop this bio-invasion

Status

It will come into force one year after the ratification of the flag States

representing 35% of the world fleet.

According to the most recent data (Source: IMO at III 1 (July 2104)) 40 States

 –  the most recent being Germany, the Republic of Congo, Switzerland andTonga - have ratified the Convention for a percentage equal to 30.25% of the

world fleet.

Plus - coming soon - Argentina, Italy, Japan and Turkey = 34.2%

Finland and Belgium?

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Main technical issues and last development at 65 MEPC (May 2013):

Treatmentsystems

Ballast watersampling

Draft IMOResolution atthe 65 MEPC:

Installationpostponement

to the first IOPPrenewal for

existing ships

BWMCircular 42adopted by65 MEPC

3 years oftrials forseveral

samplingmethodologies

Cost?

Ships Owners

MaritimeAuthorities

Reliability?

Samplingprotocol?

Approvedat IMO

AssemblyNovember

2013

Afterentry intoforce of

the BWMC

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Ballast treatment systems

Draft Resolution adopted in 65 MEPC to be approved during

next MSC (November 2013):

The systems must be approved according IMO procedures:

Moreover both systems must undergo to biotoxicity testing

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Ballast treatment systems

Have the systems to be submitted to a double approval processbefore to be installed on EU ships?

Revised process under the new EC Biocides Regulation.

………But for EU member States what happens with

reference to:

the European biocides Regulation 528/2012/UE

Directive 96/98/EC on marine equipment

Moreover, it should be noted that USCG has issued its own rules already in force by June 2012. These are

applicable to new ships built from December 2013 and existing ones by 2016. All ballast water treatment

systems (BWMS) intended to be used in the waters of the United States will have to be approved by the USCG

although those approved according to IMO procedures may be accepted, but only after their verification.

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In the mean time FSI (III) isworking for PSC guidelines

• It is an Additional Guide for PSC Authoritiescovering the additional issues raised which focuson the preparation for PSC and on what to dowhen a discharge has been stopped.

• It is based on the draft created by TF 33 of the

Paris MoU• Problem Convention does not fit into  “normal”  

PSC format

• III 1 developed guidance for a usual PSCInspection

Inspections

Initial

Inspection

Clear

grounds

More

detailed

inspection

PSC Guidelines

• BWM Certificate

• Procedures on board according BWM Plan• Type approval certificate for BWMS

• Ballast water record book and records

• Appointment/familiarisation of the Designated Officer and other officers

• Overall condition of the ship• Steps to meet D-1 or D-2 standard

• Exceptions proof

• Type approval certificate

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Inspections

Initial

Inspection

Clear

grounds

More

detailed

inspection

PSC Guidelines

• Absence of one of the above mentioned documents• False entries in the WB Record book

• Condition of the ship not correspond with documentation

• Information from third parties

• Designated Officer not appointed and Crew not familiar with on board procedures• No familiarisation or No exception proof

• Operation of BWMS not in line with instructions

• Unreported accidents or Untreated discharges

Inspections

Initial

Inspection

Clear

grounds

More

detailed

inspection

Draft PARIS MoU Guidelines

• Actions based on the analysis of the B.W. Management Plan

• Check of the duties of the Designated Officer

• Check of the record-keeping applied on board (if in compliance with the Convention)

• Is the ballast water management on board the ship in accordance with the operationsoutlined in the ship’s BWMP 

• has an unsanctioned change been made to the structure, equipment, fittings,

arrangements or material associated with the BWMP• Is the BWMS and associated equipment in good working order and being used

correctly

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Inspections - 4 Stage Approach

Stage 1

Initial

Inspection

Clear

grounds

Stage 2: More

detailed

inspection

Draft PARIS MoU Guidelines

Sampling

Stage 4:

Detailed

Analysis

Stage 3:

Indicative

Analysis

Draft PARIS MoU Guidelines

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Prevention Detention

New concept: partially included into

other PSC procedures (applicable even

at the end of the initial inspection)

In case of evidence of non-compliance

(e.g.: based on sampling findings)

Immediate mitigation measures

(including stopping of the discharge of

b.w)

Based on:

• Absence of certificate or

documents

• Failure of the BWMS

• Evidence from sampling results

In case of major non

compliance/detainable deficiencies:Prohibition of the discharge of b.w.

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Detention – Serious Nature• absence of an IBWMC, BWMP or BWRB;

• indication that the ship or its equipment does notcorrespond substantially with the IBWMC and BWMP;

• absence, serious deterioration or failure of properoperation of equipment required under the BWMP;

• the designated officers or crew are not familiar withessential BWM procedures including the operation ofBWMS and all associated BWMS equipment;

• no ballast water management procedures have beenimplemented on board;

• no designated officer has been nominated;

• the ship has not complied with the BWMP formanagement and treatment of ballast water;

• ballast water has been discharged other than inaccordance with the regulations of the BWM Convention

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Check BWRB entries – exchange and treatment 

Check BWMP on board/

approved/implemented 

Check BWRB on board

and completed 

BWMS operated

correctly and

maintained. 

Designated Officer?

PROHIBIT ANY FURTHERDISCHARGE 

Inspection on the

BWM Convention

completed 

NO - but still doubts about

the BWM Convention

implementation on board  

Grant permissionto leave

Ship has left

the port  

No grounds to

suspect non-

compliance 

Non-

conclusive 

Compliance

Proved? 

Check IBWMC 

In Order  SAMPLING 

Not in Order  

 YES 

STEP 1: INITIAL INSPECTION

STEP 2: MORE DETAILED INSPECTION 

Not Valid 

STOP THE

DISCHARGE 

STEP 1:

INITIAL

INSPECTION,

Article 9.1 of

the BWM Convention 

Mitigationmeasures

Warn, detain orexclude, as

appropriate

Valid 

Violation detected? 

NO STOP THEDISCHARGE 

Inform Flag and/or

next port forappropriatemeasures

Inspection

Completed 

Inspection

Completed 

Article 9.2

of the BWM Convention 

Other More Detailed Inspection

Requirements NO 

SAMPLING 

Article 9.1 of the

BWM Convention 

Clear

Grounds 

PSC FLOWCHART 

Yes STEP 4:

DETAILEDANALYSIS 

STEP 3: 

INDICATIVE ANALYSIS 

Ship in  port

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Check BWRB entries – exchange and treatment 

Check BWMP on board/

approved/implemented 

Check BWRB on board

and completed 

BWMS operated

correctly and

maintained. 

Designated Officer?

PROHIBIT ANY FURTHERDISCHARGE 

Inspection on the

BWM Convention

completed 

NO - but still doubts about

the BWM Convention

implementation on board  

Grant permissionto leave

Ship has left

the port  

No grounds to

suspect non-

compliance 

Non-

conclusive 

Compliance

Proved? 

Check IBWMC 

In Order  SAMPLING 

Not in Order  

 YES 

STEP 1: INITIAL INSPECTION

STEP 2: MORE DETAILED INSPECTION 

Not Valid 

STOP THE

DISCHARGE 

STEP 1:

INITIAL

INSPECTION,

Article 9.1 of

the BWM Convention 

Mitigationmeasures

Warn, detain orexclude, as

appropriate

Valid 

Violation detected? 

NO STOP THEDISCHARGE 

Inform Flag and/ornext port forappropriate

measures

Inspection

Completed 

Inspection

Completed 

Article 9.2

of the BWM Convention 

Other More Detailed Inspection

Requirements NO 

SAMPLING 

Article 9.1 of the

BWM Convention 

Clear

Grounds 

PSC FLOWCHART 

Yes STEP 4:DETAILED

ANALYSIS 

STEP 3: INDICATIVE ANALYSIS 

Ship in  port

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What to do with a vessel in non-compliance

• retention of all ballast water on board;

• require the ship to undertake any repairs required to the BWMS;

• permit the ship to proceed to exchange ballast water in a locationacceptable to the port State providing ballast water exchange isstill an acceptable practice for the specific ship and such areas orestablished in accordance with Guidelines on designation of areasfor ballast water exchange (G14);

• allow the ship to discharge ballast to another ship or to anappropriate shipboard or land-based reception facility; or

• allow the ship to manage the ballast water or a portion of it inaccordance with a method acceptable to the port State.

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Thank you 

Brian.Elliott@emsa.europa.eu www.emsa.europa.eu

Ballast water sampling withthanks to Mahle and GoConsult

mailto:Brian.Elliott@emsa.europa.eumailto:Brian.Elliott@emsa.europa.eu