BWS for CME under the BWM Convention BALMAS Ballast Water Management Capacity Building Seminar BWS for CME under the BWM Convention 33 Dr. Matej David & Dr. Stephan Gollasch 20th September 2016, Piran, Slovenia

OUTLINE BWM Convention articles relevant for Ballast Water Sampling (BWS) BWS requirements under BWM Convention Consequence of non-compliance BWS under G2 Guidelines BWS Guidance PSC Gudelines Conclusions

BWM Convention – CME and BWS articles Article 9 Inspection of Ships Article 10 Detection of Violations and Control of Ships

 BWM Convention & BWS Compliance control (Article 9) Tier 1: valid certificate check BW record book BWS, conducted according to G2  no undue delay because of BWS & analysis no prevention of discharge before having results of BWS

  Tier 2: detailed inspection no valid certificate; or clear grounds …? Paragraph 2 (Article 9.2) BWMS not correspond to certificate crew not familiar with BWM procedures  Tier 2: detailed inspection  Consequences?

  Consequence? Article 9.3 In the circumstances given in paragraph 2 of this Article, the Party carrying out the inspection shall take such steps as will ensure that the ship shall not discharge Ballast Water until it can do so without presenting a threat of harm to the environment, human health, property or resources.

BWS was conducted indicative test shown “high” organism load (clear grounds) detailed sampling inspection in a previous port - failed compliance  Consequences?

  Consequence? Article 10.3 If the sampling described in Article 9.1(c) leads to a result, or supports information received from another port or offshore terminal, indicating that the ship poses a threat to the environment, human health, property or resources, the Party in whose waters the ship is operating shall prohibit such ship from discharging Ballast Water until the threat is removed.

?  …but what to do with such vessel? no discharge (problem cargo operation) port reception facility designated discharge/contingency area if none of these? …how such vessel can prove again to be compliant? ? Daniel Masson

BWS UNDER THE G2 GUIDELINES

DIFFERENT SAMPLING PURPOSES Sampling for D-1 Sampling for D-2 Indicative test Detailed test

Indicative test (G2, 6.3) Prior to testing for compliance with the D-2 standard, it is recommended that, as a first step, an indicative analysis of ballast water discharge may be undertaken to establish whether a ship is potentially compliant or non-compliant. Such a test could help the Party identify immediate mitigation measures, within their existing powers, to avoid any additional impact from a possible non-compliant ballast water discharge from the ship.

BWS for compliance (G2, 6.2) - Detailed test the sampling protocol should result in samples that are representative of the whole discharge of ballast water from any single tank or any combination of tanks being discharged; the sampling protocol should take account of the potential for a suspended sediment load in the discharge to affect sample results; the sampling protocol should provide for samples to be taken at appropriate discharge points; the quantity and quality of samples taken should be sufficient to demonstrate whether the ballast water being discharged meets with the relevant standard;

G2 continues… sampling should be undertaken in a safe and practical manner; samples should be concentrated to a manageable size; samples should be taken, sealed and stored to ensure that they can be used to test for compliance with the Convention; samples should be fully analysed within test method holding time limit using an accredited laboratory; and samples should be transported, handled and stored with the consideration of the chain of custody.

WHERE CAN WE SAMPLE? In-line (at discharge) In-tank Which sampling point is appropriate? Sampling points availability?

BALLAST WATER SAMPLING THAT IS REPRESENTATIVE OF THE WHOLE DISCHARGE probably the biggest challenge… BALLAST WATER SAMPLING THAT IS REPRESENTATIVE OF THE WHOLE DISCHARGE many questions and issuess… how to do it?

Clear guidance needed how to do BWS for CME! How to sample for D-1? How to sample for D-2? What is a representative sample? What should be the sample volume? How many samples to take? Where to take samples? When to take samples? Which sampling gear to use? …

Guidelines for Ballast Water Sampling (G2) (2008) Gudelines to be followed for CME Sampling not defined in detail BWM.2/Circ.42 Guidance on ballast water sampling and analysis for trial use in accordance with the BWM Convention and Guidelines (G2) (2013) 2 - 3 year trial period for reviewing, improving and standardizing the BWM Circular list of sample analysis protocols, methodologies and approaches for D-1 and D-2 standards compliance tests and recommendations for a trial period during which sampling experience is gained

CME UNDER THE NEW PSC GUIDELINES (G15)

Guidelines for Port State Control under the BWM Convention (G15) PSC Guidelines adopted at MEPC67 (Oct 2014) Provide basic guidance for PSC inspection to verify compliance with the requirements of the BWM Convention

Four-stage inspection 1 - "initial inspection" documentation check (IBWMC, BWMP, BWRB), visual check of equipment, ensuring that an officer has been nominated for BWM on the ship, crew familiar to operate BWMS 2 - "more detailed inspection" where the operation of the BWMS is checked and the PSCO clarifies whether the BWMS has been operated adequately, may result in sampling 3 - "indicative analysis", sampling for compliance with D-2, no undue delay because of analysis 4 - "detailed analysis", sampling for compliance with D-2, no undue delay while waiting for sample analysis results

Four-stage inspection order? BWS under the BWM Convention as Tier 1 BWS under G15 as part of detailed inspection conflict ?... BW discharge not allowed when Tier 2 = detailed inspection (Art. 9.2)! Art9.3 …ship shall not discharge when Art. 9.2 conditions = detailed BWS can’t be conducted. only indicative test could be conducted… but in G15 explained as triggering element for detailed test “Compromise”: 1.1.1 These Guidelines… …are not intended to limit the rights the port State has in verifying compliance with the BWM Convention.

Control actions when non-compliant As an alternative to warning, detention or exclusion of the ship: retention of all ballast water on board; require the ship to undertake any repairs required to the BWMS; permit the ship to proceed to exchange ballast water in a location acceptable to the port State; allow the ship to discharge ballast to another ship or to an appropriate shipboard or land-based reception facility; or allow the ship to manage the ballast water or a portion of it in accordance with a method acceptable to the port State. notify the ship and the flag State of the violation

CONCLUSIONS BWM Convention introduces BWS as one of the methods for CME G2 Guidelines do not describe BWS in detail Correct BWS for CME is very important also because of possible consequences for vessels and environment BWS Guidance introduces a transitional period important also for PSC to test and introduce reliable BWS system for CME PSC Guidance introduces four step process, but there may be some implementation issues

MORE ABOUT IN BALMAS REPORTS David M. and Gollasch S. 2014. BALMAS Ballast Water Sampling Protocol for Compliance Monitoring and Enforcement of the BWM Convention and Scientific Purposes. BALMAS project, 48 pp. David M., Pirelli F., Petri A., Gollasch S. 2016. Detailed guidance for PSC for compliance control measures, including BWS, introduced according to the BWM Convention for CME in the Adriatic. Final report, BALMAS project, 25 pp. .

MORE INFO IN THE NEW BOOK: David, M., Gollasch, S. (eds.) 2015. Global Maritime Transport and Ballast Water Management – Issues and Solutions. Springer Science and Business media For more in information please visit: http://www.springer.com/environment/environmental+management/book/978-94-017-9366-7

Dr. Matej David www.davidconsult.eu/ Dr. Stephan Gollasch www.gollaschconsulting.de/

THANK YOU FOR THE ATTENTION! QUESTIONS? THANK YOU FOR THE ATTENTION! 28