Ballast Water

• IMO Convention for the Control and Management of Ships' Ballast Water and Sediments

This Convention was adopted by the IMO on 13 February 2004, however it is not yet in force. The Convention provides for requirements for reception facilities, research and monitoring programmes, ballast water record books, ship survey and certification and technical requirements for the control and management of ships' ballast water and sediments (see Pending Legislation).

• Helsinki and OSPAR Commissions General Guidance on the Voluntary Interim application of the D1 Ballast Water Exchange Standard

In anticipation of the IMO Convention coming into force, vessels entering the Helsinki and OSPAR sea areas are expected to apply these general guidance documents on a voluntary basis. These do not replace the requirements of the IMO Convention but provide an interim first part of ballast water regional management strategies for the North-East Atlantic and Baltic Sea. These guidelines will no longer apply when a ship is in a position to apply the D2 standard of the IMO Convention or when the IMO Convention comes into force.

• International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 - Annex 1

Annex I of MARPOL sets discharge limits for oil-in-water as well as a series of operational and construction standards for ships including means of retaining oily wastes on board, oil-in-water separation and discharge monitoring systems, segregated ballast, crude oil washing and double hulls.

• International Convention on Biological Diversity

This Convention requires its contracting parties, as far as possible and appropriate, "to prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species". The Convention also addresses liability for damage caused by introductions where insufficient or ineffective measures have been taken to eradicate them once released.

• United Nations Convention on the Law of the Sea (UNCLOS) (pdf file)

UNCLOS which came into force in 1994, also makes provision for the control of introduced marine species, but the UK is not a signatory.

• Berne Convention on the Conservation of European Wildlife and Natural Habitats

This Convention requires "each Contracting Party to strictly control the introduction of non-native species".

• EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora

This Directive obliges Member States to ensure that deliberate introduction to the wild of non-native species is regulated so as not to prejudice natural habitats and species.

• The Wildlife and Countryside Act 1981

The Wildlife and Countryside Act 1981, which applies to the waters around Great Britain, states that it is an offence to release (or allow to escape) into the wild any kind of non-native animal, except under licence.

• IMO Guidelines for the Control and Management of Ships' Ballast Water to Minimise The Transfer of Harmful Aquatic Organisms and Pathogens 1997

These guidelines have been adopted by a number of nations although implementation of these guidelines is entirely voluntary.

• Marine Guidance Note MGN81 (pdf file) - Guidelines for the Control and Management of Ships’ Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens.
• Marine Guidance Note MGN363 (pdf file) - The Control and Management of Ships’ Ballast Water and Sediments. Should be read in conjunction with MGN81. This note draws attention to the developments at the International Maritime Organization with respect to non-indigenous species being transported in ships ballast water. This MGN has been written due to the adoption of an International Convention in February 2004, and the development of new supporting Guidelines.  The MGN provides information and interim guidance for use until the Convention has been implemented and the UK ratifies the Convention, after developing domestic legislation.

A Ballast Water Management Strategy for North West Europe is currently under development (see Pending Legislation).

United Kingdom Oil Pollution Prevention Certificate (UKOPP) or IOPP Certificate required by all tankers > 150 GRT and all ships > 400 GRT.

No consent requirements currently in place for management of introduced species from ballast water and sediments. However, see Performance Standards.

Vessel owner/operator must request Maritime and Coastguard Agency (MCA) to conduct survey of oily water drainage and treatment systems; MCA then issue certificate.

Crude oil tankers whose keel was laid after 1st January 1980 of >20,000 tonnes deadweight must have segregated ballast tanks and crude oil washing system in place for cargo tank cleaning. Older tankers of >40,000 tonnes deadweight must also have segregated ballast tanks/crude oil washing system in place.

Compliance with the MCA Guidance (MGN81) is not at present legally required, but shipping agents and ship owners are strongly urged to ensure that vessel discharging ballast in UK waters comply with the Guidelines.

The Guidelines set out requirements for ships including:

• Each ship carrying ballast water should contain its own ship specific Ballast Water Management Plan. This should include an indication of records required, and the location of ballast sampling points;
• It is recommended that each ship should have a designated responsible officer, in order to maintain necessary records and ensure that appropriate procedures are followed;
• Ships should follow harbour ballast water guidelines;
• Avoid uptake of ballast in darkness when bottom-dwelling organisms may rise up the water column;
• Avoid uptake in very shallow water or where propellers may stir up sediment;
• Carry out routine removal and appropriate disposal of ballast water sediment;
• Avoid discharging ballast water when in harbour unless necessary; and
• If ballast is exchanged, use the most appropriate tanks to minimise risk of introductions (i.e. old ballast or ballast from environmentally disparate sites).

Record all discharges, together with date, time, and method of discharge, disposal route, any system failure and accidental oil spills, in the Oil Record Book.

Regular reporting is not required, although backdated entries in the Oil Record Book must be maintained for at least 3 years. Inspections will be undertaken periodically to ensure compliance.

Non-compliance would constitute a breach of United Kingdom/International Oil Pollution Prevention Certificates requirements and might be discharge of oily water within a harbour area or failure to properly keep the Oil Record Book. If a discharge outside of legal requirements is made then it should be recorded in the Oil Record Book which has to be kept available for inspection.

Certificate must be renewed every 5 years, following inspection by the International Association of Classification Societies (IACS).

This Convention was adopted by the IMO on 13 February 2004, however it is not yet in force. The Convention provides for requirements for reception facilities, research and monitoring programmes, ballast water record books, ship survey and certification and technical requirements for the control and management of ships' ballast water and sediments. Further information can be found in MCA MGN363 (see Guidance).

A number of guidelines have been developed in order to ensure a uniform implementation of the Convention. Guidelines have been written for:

• Sediments reception facilities;
• Ballast water sampling;
• Ballast water management equivalent compliance;
• Ballast water management and development of Ballast Water Management Plans;
• Ballast water reception facilities;
• Ballast water exchange;
• Risk assessment methodology;
• Approval of ballast water management systems;
• Procedure for approval of ballast water management systems that make use of active substances;
• Approval and oversight of prototype ballast water treatment technology programmes;
• Ballast water exchange design and construction standards;
• Sediment control on ships;
• Additional measures including emergency situations; and
• Designation of areas for ballast water exchange.

As it will be 2009 at the earliest before the Convention comes into force and the Guidelines are fully developed and in place, shipping agents, ship owners and masters of UK Flag vessels are strongly urged to comply with the operational guidance in the 1997 Guidelines (see Guidance) and begin preparing and implementing for the requirements the new IMO Convention and its supporting Guidelines.

Ballast water scoping studies have been developed for north west Europe and are available on the MCA website.

Further information on the status and potential requirements of the Strategy can be found on the MCA Website - Ballast Water

None at present.