5.1 There are three integral steps to designating
an area as a ballast water exchange area: identification, assessment
and designation. The Guidelines provide criteria to address and consider
for each of these steps (see sections 7, 8 and 9), however these criteria
are not intended to be exhaustive.
5.2 A port State considering designating ballast
water exchange areas shall do this in accordance with its rights and
obligations under international law.