A PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC SERVICES (NCOP) 24 OCTOBER 2007 BY MPATLISENG RAMAEMA CHIEF DIRECTOR: MARITIME TRANSPORT REGULATION DEPARTMENT OF TRANSPORT INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS BALLAST WATER AND SEDIMENTS

OUTLINE 1.INTRODUCTION 2.BACKGROUND 3.GREATEST THREATS TO OCEANS 4.GENERAL OBLIGATIONS 5.CONTROL OF TRANSFER OF HARMFUL ORGANISIMS AND RECEPTION FACILITIES 6.INSPECTION OF SHIPS, SURVEY AND CERTIFICATION 7.DETECTION OF VIOLATIONS 8.BALLAST WATER MANAGEMENT PLANS AND SYSTEMS 9.WORK IN PROGRESS

Harmful aquatic organisms and pathogens refers to aquatic organisms or pathogens which, if introduced into the sea, including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas Ballast Water – water taken for safe and efficient operation of a ship, it gives added stability, limits hull stresses, and improves steerage INTRODUCTION

SA participated in a four year GloBallast Programme Other countries involved were China, Iran, India, Ukraine and Brazil The purpose of the Programme was: To assist developing countries to reduce the transfer of harmful organisms in ship’s ballast water INTRODUCTION (cont…)

The purpose of the Programme was: To implement the IMO Ballast water guidelines To prepare for the implementation of the Ballast Water Convention To build regional capacity in Ballast Water Management INTRODUCTION (cont…)

The BWM Convention was adopted in 2004 by IMO Diplomatic Conference The purpose of the Convention is to regulate and control the illegal discharge of ballast water in the marine ecosystem Impacts of harmful unwanted organisms in ships’ ballast water first brought to IMO’s attention in 1991 In 1997, IMO adopted a resolution on comprehensive guidelines for the control and management of ships’ ballast water BACKGROUND

Purpose of the guidelines was to minimize the transfer of harmful aquatic organisms and pathogens The resolution further urged the Marine Environment Protection Committee (MEPC) to work towards the completion of a legally binding provisions on ballast water management and uniform and effective implementation of guidelines BACKGROUND ( cont..)

In 1999, the Ballast Water Working Group started the development of a free standing Convention on the control and the management of ships’ ballast water and sediments BACKGROUND ( cont..)

The World Summit on Sustainable Development (WSSD) in 2002 called for action at all levels to accelerate the development of measures to address invasive alien species in ballast water In December 2003, the IMO Assembly endorsed the decision of the IMO Council to hold a Diplomatic Conference to consider the adoption of the Convention BACKGROUND ( cont..)

At least four activities have been singled out for posing the greatest threats to world’s oceans: Introduction of harmful aquatic organisms and pathogens to new environments Land-sourced marine pollution Overexploitation of living marine resources Habitat destruction GREATEST THREATS TO WORLD OCEANS

Parties must give full and complete effect to the provisions of the Convention and the Annex to prevent, minimize and eliminate the transfer of harmful aquatic organisms and pathogens – BWMS being developed and undergoing approval A party may individually or jointly take stringent measures consistent with international law to prevent, reduce or eliminate the transfer these organisms Parties to encourage the continued development of ballast water management and standards GENERAL OBLIGATIONS

Parties to ensure that BW Management practices used comply with the Convention do not cause greater harm to environment, human health, property, or resources or those of other states To encourage their ships entitled to fly their flag to avoid uptake of ballast water with potentially harmful aquatic organisms and pathogens GENERAL OBLIGATIONS (cont..)

Each party to ensure that ships to which the Convention applies and which are entitled to fly its flag or operate under its authority comply with requirements in the Convention including applicable standards and requirements in Annex Take effective measures to ensure that ships comply with requirements CONTROL OF TRANSFER OF HARMFUL ORGANISMS AND RECEPTION FACILITIES

Parties to develop national policies, strategies or programmes for ballast water management in its ports and waters under its jurisdiction Party to ensure that designated ports and terminals where cleaning and repair of ballast water tanks occurs, adequate reception facilities are provided Such facilities must not cause undue delay to ships and must provide for safe disposal of sediments CONTROL OF TRANSFER OF HARMFUL ORGANISMS AND RECEPTION FACILITIES (cont..)

A ship to which the Convention applies may in any port or offshore terminal of another party, be subject to inspection by officers duly authorized to determine whether the ship is in compliance with the Convention Determining that there is on board a valid certificate Inspection of ballast water record book Sampling of the ship’s ballast water A detailed inspection may be carried if the master / crew are not familiar with essential shipboard procedures INSPECTION OF SHIPS, SURVEY AND CERTIFICATION

Any violation of the requirements of the Convention is prohibited If a ship is found to have violated the Convention, a party may take steps other than those prescribed to warn, detain or exclude the ship A party may also inspect a ship when it enters its ports if a request for an investigation from any party together with sufficient evidence that a ship is / has operated in violation of the Convention DETECTION OF VIOLATIONS

The Convention was adopted with a set of regulations Ballast Water Management Plan – each ship shall have on board a BWMP approved by administration Each ship shall have on board a ballast water record book whose entries shall be kept on board for 2yrs Regulations provide for ballast water exchange subject to certain conditions BALLAST WATER MANAGEMENT PLANS AND SYSTEMS

Regulations places duty and responsibility to officers and crew regarding ballast water management They must be familiar with the ship’s ballast water management plan Regulations also make provision for approval requirements for a ballast water management system BALLAST WATER MANAGEMENT PLANS AND SYSTEMS (cont..)

SA took part in GloBallast project in Ballast Water Task Team was formed BWM Policy developed – being finalized now SA developing BWMS – undergoing approval process, final dossier due for submission Only Norway has received final approval Six have received basic approval WORK IN PROGRESS

Adequate capacity developed to manage ballast water ( 2002 to present) A legislation would have to be developed SAMSA will administer the Act Existing personnel will be used for implementation and will form part of the routine port state control WORK IN PROGRESS