2.3 Procedures to follow when establishing additional measures
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Statutory Documents - IMO Publications and Documents - Resolutions - Marine Environment Protection Committee - Resolution MEPC.161(56) - Guidelines for Additional Measures Regarding Ballast Water Management Including Emergency Situations (G13) - (Adopted on 13 July 2007) - Annex - Guidelines for Additional Measures Regarding Ballast Water Management Including Emergency Situations (G13) - 2 Assessment When a State Intends to Introduce Additional Measures - 2.3 Procedures to follow when establishing additional measures

2.3 Procedures to follow when establishing additional measures

  2.3.1 A Party or Parties intending to introduce additional measures in accordance with regulation C-1 of the Convention should consult adjacent States and other States that may be affected before the additional measures are decided upon so that such consultations can, where appropriate, meaningfully inform decision making. The Assessment as outlined in section 2.2 of these Guidelines should be presented to affected States, and States should be invited to comment on the draft assessment, if appropriate.

  • .1 In regulation C-1 of the Convention two procedures for introducing additional measures are possible – one procedure which requires IMO approval, and another procedure which only requires IMO notification.

  • .2 The Party or Parties should ensure that any additional measure(s) shall not compromise the safety and security of the ship and in any circumstances not conflict with any other conventions or customary international law with which the ship must comply.

  • .3 The legal determination upon which the additional measure(s) is submitted should be identified.

  • .4 In introducing additional measures, the Party or Parties should, inter alia, provide the following information to the Organization, in particular the Marine Environment Protection Committee (hereafter known as the "MEPC"):

    • .1 the Assessment as outlined in section 2.2;

    • .2 the identification of the legal determination upon which each additional measure(s) is submitted; and

    • .3 the following additional details:

      • .1 if the additional measure(s) is already provided under an existing IMO instrument; or

      • .2 if the additional measure(s) does not yet exist but could become available through amendment of any IMO instrument or adoption of a new IMO instrument; or

      • .3 if the additional measure(s) is proposed for adoption in the territorial seafootnote or pursuant to the United Nations Convention on the Law of the Sea where existing measures or a generally applicable measure would not adequately address the concern identified in section 2.2.

  • .5 Where a Party or Parties may seek to introduce additional measures through the notifying procedure, the IMO should be notified at least 6 months prior to the projected date of implementation, except in emergency circumstances in accordance with regulation C-1.3.2 of the Convention.

  • .6 In the case where a Party or Parties intend to introduce additional measure(s) that requires approval by the Organization under international law as reflected in UNCLOS (see regulation C-1.3.3 of the Convention), the Party or Parties should, in accordance with the rules adopted by the MEPC for submission of papers, submit the application to introduce additional measure(s) to the MEPC for its approval.

  • .7 In considering additional measures that require the approval of the Organization, the MEPC should be expected to consider an application submitted to it by a proposing Party or Parties on a case-by-case basis. In assessing each proposal, the MEPC should be expected in particular to consider:

    • .1 whether such additional measures are in accordance with Article 7.2 and regulation C-1.3 of the Convention;

    • .2 whether the proposed additional measures are appropriate to prevent, reduce, or eliminate the identified potential harm from the introduction of harmful aquatic organisms and pathogens in the area to be covered by the additional measures;

    • .3 whether such measures might result in an increased potential for significant adverse effects by international shipping activities on the environment outside the area to be covered by the additional measures; and

    • .4 whether such measures might, inter alia, result in any impact on the safety and commercial aspect of international shipping activities.

  • .8 In the case where an application is submitted for approval, if the MEPC approves the application, the additional measure(s) may be implemented. If the application is not approved, the additional measure(s) cannot be implemented. The proposing Party or Parties may submit a revised application to the Marine Environment Protection Committee for approval subsequently.

Parent topic: 2 Assessment When a State Intends to Introduce Additional Measures
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