Regulatory update on the BWM Convention Markus Helavuori, Technical Officer Marine Environment Division | International Maritime Organization Ballast Water Management Implementation Forum UK Chamber of Shipping, 23 November 2016, London Views expressed in this presentation are those of the authors and should not be construed as necessarily reflecting the views of IMO or its Secretariat. MARINE ENVIRONMENT DIVISION

Topics Entry into force! Latest developments at IMO Review of Guidelines (G8) Amending regulation B-3 MARINE ENVIRONMENT DIVISION

The BWM Convention will enter into force on 8 September 2017 Finland's Permanent Representative to IMO, H.E. Mrs. Päivi Luostarinen, Ambassador Extraordinary and Plenipotentiary, deposited the instrument of accession on 8 September 2016 MARINE ENVIRONMENT DIVISION

The Ballast Water Management Convention Adopted 13 February 2004 after years of negotiation Current ratification status: 53 States and 53.28% of world gross tonnage Ratification process ongoing in a number of other countries The Convention will enter into force on 8 September 2017 MARINE ENVIRONMENT DIVISION

But why do we need the BWM Convention? Shipping breaks natural barriers for species dispersal MARINE ENVIRONMENT DIVISION

Impacts of invasive aquatic species (IAS) The spread of invasive species is recognized as one of the greatest threats to the ecological and economic wellbeing of the planet Damage to biodiversity, property, resources and human health Several examples of IAS causing damage of hundreds of millions US$/year Damage to the environment is in most cases irreversible Eradication of IAS impossible, with very few exceptions Effects impossible to predict  prevention of invasions is key! MARINE ENVIRONMENT DIVISION

Why has ratification taken so long? Lack of associated guidelines Adequate testing facilities Lack of ballast water management systems (BWMS) Installation capacity, bottlenecks, implementation schedule Port State control, sampling and analysis Robustness of Guidelines (G8) Costs Political will … MARINE ENVIRONMENT DIVISION

IMO Technical Guidelines Guidelines for sediment reception facilities (G1) Guidelines for ballast water sampling (G2) Guidelines for ballast water management equivalent compliance (G3) Guidelines for ballast water management and development of ballast water management plans (G4) Guidelines for ballast water reception facilities (G5) Guidelines for ballast water exchange (G6) Guidelines for risk assessment under regulation A-4 (G7) Guidelines for approval of ballast water management systems (G8) Procedure for approval of BWM systems that make use of Active Substances (G9) Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10) Guidelines for ballast water exchange design and construction standards (G11) Guidelines for sediment control on ships (G12) Guidelines for additional measures including emergency situations (G13) Guidelines on designation of areas for ballast water exchange (G14) Guidelines on port State control under the BWM Convention + a number of resolutions, circulars, etc. MARINE ENVIRONMENT DIVISION

Ballast water treatment to meet the D-2 standard MARINE ENVIRONMENT DIVISION

Availability of ballast water management systems 56 have been granted IMO Basic Approval 41 have been granted IMO Final Approval Over 60 systems have been granted Type Approval by their Administration Several more are under development and in various stages of the approval process Technologies are available (internationally anyway)! MARINE ENVIRONMENT DIVISION

What is going on at IMO now? MARINE ENVIRONMENT DIVISION

Recent and forthcoming meetings Intersessional Working Group on the Review of Guidelines (G8) (17 to 21 October 2016) MEPC 70 (24 to 28 October 2016) PPR 4 (16 to 20 January 2017) MEPC 71 (3 to 7 July 2017) MARINE ENVIRONMENT DIVISION

The robustness of type approval in accordance with Guidelines (G8) has been criticized …particularly in relation to: reliability in various water conditions (temperature, salinity, turbidity, etc.) and reporting of limiting conditions; sampling and analysis; and US regulations (ETV protocol) Work has been ongoing since 2014 in a Correspondence Group and the MEPC Ballast Water Review Group Study on the implementation of regulation D-2 indicated some divergence in the interpretation of Guidelines (G8) among test facilities and Administrations; results did not demonstrate that approved BWMS would not meet D-2 (insufficient data as on-board use has been rare and efficacy monitoring even rarer) MARINE ENVIRONMENT DIVISION

Intersessional Working Group on the Review of Guidelines (G8) 17 to 21 October 2016 at IMO Headquarters, London Chaired by Chris Wiley (Canada) Finalized the review of Guidelines (G8) based on outcome of the Correspondence Group for adoption by MEPC 70 Developed the application schedule of the revised Guidelines (G8) MARINE ENVIRONMENT DIVISION

Revised Guidelines for approval of ballast water management systems (G8) Revised Guidelines (G8) adopted by MEPC 70 Administrations are recommended to apply the revised G8 as soon as possible when approving BWMS, but no later than 28.10.2018. BWMS installed on board ships on or after 28.10.2020 should be approved in accordance with the revised Guidelines (G8). To be made mandatory. MEPC 71 to consider draft “Code for approval of BWMS”. Amendment of regulation D-3 also necessary.   Revised approval procedures for BWMS, including more robust test and performance specifications as well as more detailed requirements for type approval reporting, Limiting Operating Conditions, control and monitoring equipment, etc. MARINE ENVIRONMENT DIVISION

Roadmap for the implementation of the BWM Convention Non-penalization of early movers: No need to replace BWMS type approved in accordance with current Guidelines (G8) BWMS which are operated and maintained correctly do not need to be replaced due to occasional lack of efficacy No sanctions, warnings, detentions, etc., solely due to occasional exceedance of D-2 standard if BWMS installed and operated correctly MARINE ENVIRONMENT DIVISION

Roadmap for the implementation of the BWM Convention Way forward: Guidance on contingency measures to be developed Trial period to be expanded into an experience building phase during which data is to be collected on the practical implementation of the Convention  review of BWM Convention and related guidelines Correspondence Group established by MEPC 70 MARINE ENVIRONMENT DIVISION

Amendment of regulation B-3 MEPC 69 approved amendments to regulation B-3 of the Convention to reflect resolution A.1088(28), but they can not be adopted before the Convention is in force. (First IOPP renewal survey after entry into force.) Two proposals for additional amendment of regulation B-3 were considered by MEPC 70, but the decision of MEPC 69 still stands. The matter will be revisited at MEPC 71 in 2017. Amendment by Parties only, in accordance with article 19: Circulation by the Secretary-General after entry into force. Consideration and adoption by MEPC minimum six months after circulation (2/3 majority of Parties present and voting). Tacit acceptance 0-12 months after adoption (date determined by MEPC). Entry into force of amendment 6 months after acceptance. Total time, in practice at least 18 to 24 months from e.i.f. Resolution on early implementation of amendments prior to entry into force? Explain what B-3 is.. Talk about the new proposals? Tacit acceptance, 1/3 of parties need to object. MARINE ENVIRONMENT DIVISION

Further outcome of MEPC 70 Exceptions and exemptions MEPC agreed that the “same risk area” concept may be applied when granting exemptions under reg. A-4 and Guidelines (G7) Concept builds on risk assessments and consultations between States in accordance with the provisions or regulation A-4 No further guidance needed, but minor amendments to Guidelines (G7) to be developed at MEPC 71 Exemptions to ships operating exclusively in one area, when doing a maintenance journey outside that area: guidance not needed Exceptional discharge of ballast water from cargo tanks: guidance not needed MARINE ENVIRONMENT DIVISION

Further outcome of MEPC 70 Other topics Addition of freshwater data to a BWMS with prior Final Approval: procedure to be considered by GESAMP-BWWG Amendment of Guidelines for ballast water exchange (G6) agreed; IMO Secretariat to prepare revised version Unified Interpretation related to ballast water exchange (regulation D-1): to be further considered at PPR 4 Sampling, analysis and continuous monitoring of ballast water: to be further considered at PPR 4 Agreed that port-based treatment concept is within scope of the Convention and does not require MEPC approval as ‘Other Method’ Basic and Final Approval of BWMS making use of Active Substances MARINE ENVIRONMENT DIVISION

Concluding remarks The BWM Convention will enter into force soon Minimizes the risk of invasions by alien species via ballast water Provides a global level playing field for international shipping Shipowners and Administrations need to get ready Ratification highly encouraged Not perfect – amendments only after entry into force (by Parties only!) MARINE ENVIRONMENT DIVISION

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