Industry seeks answers on BWMS

Ratification and implementation of the IMO’s International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention) is a key agenda item at the 68th MEPC meeting. In particular The MEPC will review the G8 guidelines for approval of ballast water management systems in light of a report from a correspondence group, having committed to a review in resolution MEPC.253(67).

A joint submission by several international organisations urges the MEPC to clarify a statement in the resolution, that “shipowners that have installed type-approved ballast water management systems prior to the application of the revised Guidelines (G8), should not be penalised”.

The submission notes that the review of the G8 guidelines raises “concerns for the efficacy of “first generation” systems [approved in accordance with existing guidelines] as to whether they will be able to treat ballast water reliably to consistently meet the D-2 discharge standard.”

“It is essential to avoid any discouragement to fit ballast water management systems before the carriage requirement becomes mandatory,” the submission argues. “Therefore it should be agreed that “first generation” type-approved systems, installed in good faith prior to the Convention’s entry into force and before Guidelines (G8) have been reviewed and the revised guidelines applied, shall be considered acceptable (grandfathered) for the life of the ship.”

The submission also requests that ship owners who have already installed type-approved systems and have operated and maintained them correctly should not be required to remove them for any “periodic lack of efficacy”, and should not face fines or detentions by port states if water samples are found not to comply with the D-2 discharge standard. Instead port states should work with operators on a case-by-case basis to find appropriate solutions and enable the discharge of ballast water.

The organisations argue that this expanded understanding of ‘no penalty’ clause would reflect the valuable information such early adopters have provided to the shipping industry by sharing their operational experiences and paving the way for improvements to later installations.

Organisations co-sponsoring the submission are: the International Chamber of Shipping, the International Union of Marine Insurers, the Baltic and International Maritime Council, the Cruise Lines International Association, INTERTANKO, INTERCARGO, InterManager, the International Marine Contractors Association, INTERFERRY, the International Transport Workers Federation and the Nautical Institute.

The BWM convention requires ratification from countries representing a further 2.04% of global gross tonnage, and will come into force a year after ratification.

As reported, the BWM convention is one of several important regulatory issues to be discussed at MEPC 68 this week.