INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS BALLAST WATER AND SEDIMENTS

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INTERNATIONAL CONVENTION FOR THE CONTROL AND
MANAGEMENT OF SHIPS BALLAST WATER AND SEDIMENTS
A PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC
SERVICES (NCOP) 24 OCTOBER 2007 BY MPATLISENG
RAMAEMA CHIEF DIRECTOR MARITIME TRANSPORT
REGULATION DEPARTMENT OF TRANSPORT

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OUTLINE

• INTRODUCTION
• BACKGROUND
• GREATEST THREATS TO OCEANS
• GENERAL OBLIGATIONS
• CONTROL OF TRANSFER OF HARMFUL ORGANISIMS AND
  RECEPTION FACILITIES
• INSPECTION OF SHIPS, SURVEY AND CERTIFICATION
• DETECTION OF VIOLATIONS
• BALLAST WATER MANAGEMENT PLANS AND SYSTEMS
• WORK IN PROGRESS

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INTRODUCTION

• Harmful aquatic organisms and pathogens refers to
  aquatic organisms or pathogens which, if
  introduced into the sea, including estuaries, or
  into fresh water courses, may create hazards to
  the environment, human health, property or
  resources, impair biological diversity or
  interfere with other legitimate uses of such
  areas
• Ballast Water water taken for safe and
  efficient operation of a ship, it gives added
  stability, limits hull stresses, and improves
  steerage

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INTRODUCTION (cont)

• SA participated in a four year GloBallast
  Programme 2000-2004
• Other countries involved were China, Iran, India,
  Ukraine and Brazil
• The purpose of the Programme was
• To assist developing countries to reduce the
  transfer of harmful organisms in ships ballast
  water

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INTRODUCTION (cont)

• The purpose of the Programme was
• To implement the IMO Ballast water guidelines
• To prepare for the implementation of the Ballast
  Water Convention
• To build regional capacity in Ballast Water
  Management

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BACKGROUND

• The BWM Convention was adopted in 2004 by IMO
  Diplomatic Conference
• The purpose of the Convention is to regulate and
  control the illegal discharge of ballast water in
  the marine ecosystem
• Impacts of harmful unwanted organisms in ships
  ballast water first brought to IMOs attention in
  1991
• In 1997, IMO adopted a resolution on
  comprehensive guidelines for the control and
  management of ships ballast water

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BACKGROUND ( cont..)

• Purpose of the guidelines was to minimize the
  transfer of harmful aquatic organisms and
  pathogens
• The resolution further urged the Marine
  Environment Protection Committee (MEPC) to work
  towards the completion of a legally binding
  provisions on ballast water management and
  uniform and effective implementation of
  guidelines

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BACKGROUND ( cont..)

• In 1999, the Ballast Water Working Group started
  the development of a free standing Convention on
  the control and the management of ships ballast
  water and sediments

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BACKGROUND ( cont..)

• The World Summit on Sustainable Development
  (WSSD) in 2002 called for action at all levels to
  accelerate the development of measures to address
  invasive alien species in ballast water
• In December 2003, the IMO Assembly endorsed the
  decision of the IMO Council to hold a Diplomatic
  Conference to consider the adoption of the
  Convention

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GREATEST THREATS TO WORLD OCEANS

• At least four activities have been singled out
  for posing the greatest threats to worlds
  oceans
• Introduction of harmful aquatic organisms and
  pathogens to new environments
• Land-sourced marine pollution
• Overexploitation of living marine resources
• Habitat destruction

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GENERAL OBLIGATIONS

• Parties must give full and complete effect to the
  provisions of the Convention and the Annex to
  prevent, minimize and eliminate the transfer of
  harmful aquatic organisms and pathogens BWMS
  being developed and undergoing approval
• A party may individually or jointly take
  stringent measures consistent with international
  law to prevent, reduce or eliminate the transfer
  these organisms
• Parties to encourage the continued development of
  ballast water management and standards

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GENERAL OBLIGATIONS (cont..)

• Parties to ensure that BW Management practices
  used comply with the Convention do not cause
  greater harm to environment, human health,
  property, or resources or those of other states
• To encourage their ships entitled to fly their
  flag to avoid uptake of ballast water with
  potentially harmful aquatic organisms and
  pathogens

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CONTROL OF TRANSFER OF HARMFUL ORGANISMS AND
RECEPTION FACILITIES

• Each party to ensure that ships to which the
  Convention applies and which are entitled to fly
  its flag or operate under its authority comply
  with requirements in the Convention including
  applicable standards and requirements in Annex
• Take effective measures to ensure that ships
  comply with requirements

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CONTROL OF TRANSFER OF HARMFUL ORGANISMS AND
RECEPTION FACILITIES (cont..)

• Parties to develop national policies, strategies
  or programmes for ballast water management in its
  ports and waters under its jurisdiction
• Party to ensure that designated ports and
  terminals where cleaning and repair of ballast
  water tanks occurs, adequate reception facilities
  are provided
• Such facilities must not cause undue delay to
  ships and must provide for safe disposal of
  sediments

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INSPECTION OF SHIPS, SURVEY AND CERTIFICATION

• A ship to which the Convention applies may in any
  port or offshore terminal of another party, be
  subject to inspection by officers duly authorized
  to determine whether the ship is in compliance
  with the Convention
• Determining that there is on board a valid
  certificate
• Inspection of ballast water record book
• Sampling of the ships ballast water
• A detailed inspection may be carried if the
  master / crew are not familiar with essential
  shipboard procedures

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DETECTION OF VIOLATIONS

• Any violation of the requirements of the
  Convention is prohibited
• If a ship is found to have violated the
  Convention, a party may take steps other than
  those prescribed to warn, detain or exclude the
  ship
• A party may also inspect a ship when it enters
  its ports if a request for an investigation from
  any party together with sufficient evidence that
  a ship is / has operated in violation of the
  Convention

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BALLAST WATER MANAGEMENT PLANS AND SYSTEMS

• The Convention was adopted with a set of
  regulations
• Ballast Water Management Plan each ship shall
  have on board a BWMP approved by administration
• Each ship shall have on board a ballast water
  record book whose entries shall be kept on board
  for 2yrs
• Regulations provide for ballast water exchange
  subject to certain conditions

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BALLAST WATER MANAGEMENT PLANS AND SYSTEMS
(cont..)

• Regulations places duty and responsibility to
  officers and crew regarding ballast water
  management
• They must be familiar with the ships ballast
  water management plan
• Regulations also make provision for approval
  requirements for a ballast water management
  system

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WORK IN PROGRESS

• SA took part in GloBallast project in 2002 -2004
• Ballast Water Task Team was formed
• BWM Policy developed being finalized now
• SA developing BWMS undergoing approval process,
  final dossier due for submission
• Only Norway has received final approval
• Six have received basic approval

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WORK IN PROGRESS

• Adequate capacity developed to manage ballast
  water ( 2002 to present)
• A legislation would have to be developed
• SAMSA will administer the Act
• Existing personnel will be used for
  implementation and will form part of the
  routine port state control

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THANK YOU