RECALLING Article 38(a) of the Convention on the International
Maritime Organization concerning the functions of the Marine Environment
Protection Committee conferred upon it by the international conventions
for the prevention and control of marine pollution from ships,
RECALLING ALSO that the International Conference on Ballast
Water Management for Ships held in February 2004 adopted the International
Convention for the Control and Management of Ships' Ballast Water
and Sediments, 2004 (the Convention) together with four conference
resolutions,
NOTING that regulation D-3 of
the Annex to the Convention provides that ballast water management
systems used to comply with the Convention must be approved by the
Administration, taking into account guidelines developed by the Organization,
and that regulation D-2 of the same
Annex defines the performance standard for ships' ballast water management,
NOTING ALSO resolution MEPC.174(58) by
which the Committee adopted the Guidelines for approval of ballast
water management systems (G8) (Guidelines (G8)),
NOTING IN PARTICULAR that, by resolution
MEPC.174(58), the Committee agreed to keep the Guidelines (G8)
under review in the light of experience gained with their application,
RECOGNIZING the concerns of the shipping industry regarding
the potential penalization of those owners and operators that have
installed and operate ballast water management systems that have been
type approved in accordance with Guidelines (G8),
BEING CONSCIOUS of the need to provide certainty and confidence
in the application of the Convention, thereby assisting shipping companies,
shipowners, managers, ships' crews and operators, as well as the shipbuilding
and equipment manufacturing industries, in the timely planning of
their operations; and the need to encourage the early installation
of ballast water management systems,
HAVING CONSIDERED, at its sixty-seventh session, the recommendation
made by the Ballast Water Review Group,
1 AGREES to immediately begin a comprehensive
review of Guidelines (G8), which should, at a minimum, address the
issues contained in the annex to this resolution;
2 AGREES that the existing Guidelines (G8) should
continue to be applied until the application of revised Guidelines
(G8) following completion of the review, and that Parties to the Convention
should ensure the Guidelines are fully adhered to in any approval
application;
3 AGREES that shipowners that have installed type-approved
ballast water management systems prior to the application of the revised
Guidelines (G8), should not be penalized;
4 AGREES that port States should refrain from
applying criminal sanctions or detaining a ship, based on sampling
during the trial period described in the report of BLG 17 (BLG 17/18,
annex 6) associated with the Guidance for sampling and analysis
for trial use in accordance with the BWM Convention and
Guidelines (G2)
(BWM.2/Circ.42).
This does not prevent the port State from taking preventive measures
to protect its environment, human health, property or resources.