International Convention for the control and management of ships' ballast water and sediments, 2004:bijlage

International Convention for the control and management of ships' ballast water and sediments, 2004

Resolutions adopted by the conference

Geldend

Documentgegevens:

Geldend vanaf 08-09-2017

Bronpublicatie:: 13-02-2004, Trb. 2004, 256 (uitgifte: 14-10-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 08-09-2017
Bronpublicatie inwerkingtreding:: 12-10-2016, Trb. 2016, 161 (uitgifte: 12-10-2016, kamerstukken/regelingnummer: -)
Vakgebied(en): Vervoersrecht / Binnenvaart
Waterrecht (V)
Vervoersrecht / Zeevervoer

Resolution 1. Future work by the organization pertaining to the international convention for the control and management of ships' ballast water and sediments

The conference,

having adopted the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention),

noting that Articles 5 and 9 and regulations A-4, A-5, B-I, B-3, 8–4, B-5, C-1, D-3 and D-4 of the Annex to the Convention refer to guidelines or procedures to be developed by the Organization for the specific purposes identified therein,

recognizing the need for the development of these Guidelines in order to ensure global and uniform application of the relevant requirements of the Convention,

invites the Organization to develop as a matter of urgency:

1.: Guidelines for sediment reception facilities under Article 5 and regulation B-5;
2.: Guidelines for sampling of ballast water under Article 9;
3.: Guidelines on ballast water management equivalent compliance for pleasure and search and rescue craft under regulation A-5;
4.: Ballast water management plan guidelines under regulation B-I;
5.: Guidelines for ballast water reception facilities under regulation B-3;
6.: Guidelines for ballast water exchange under regulation B-4;
7.: Guidelines for additional measures under regulation C-l and for risk assessment under regulation A-4;
8.: Guidelines for approval of ballast water management systems under regulation D-3.1;
9.: Procedure for approval of active substances under regulation D-3.2; and
10.: Guidelines for prototype ballast water treatment technologies under regulation D-4,

And adopt them, as soon as practicable, and in any case before the entry into force of the Convention with a view to facilitating global and uniform implementation of the Convention.

Resolution 2. The use of decision making tools when reviewing the standards pursuant to regulation d-5

The conference,

having adopted the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention),

noting that regulation D-5 of the Convention requires that, at a meeting of the Marine Environment Protection Committee held no later than three years before the earliest effective date of the standard set forth in regulation D-2, the Committee shall undertake a review which includes a determination of whether appropriate technologies are available to achieve the standard, an assessment of the criteria in paragraph 2 of regulation D-5, and an assessment of the socio-economic effect(s) specifically in relation to the developmental needs of developing countries, particularly small island developing States,

recognizing the value of decision-making tools when preparing complex assessments,

recommends the Organization to apply suitable decision-making tools when conducting the review of standards in accordance with regulation D-5 of the Convention; and

invites the Member States to advise the Organization on any relevant, robust decision-making tools to assist it in the conduct of such review.

Resolution 3. Promotion of technical co-operation and assistance

The conference,

having adopted the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention),

being a ware that Parties to the Convention will be called upon to give full and complete effect to its provisions, in order to prevent, minimize and ultimately eliminate the transfer of harmful aquatic organisms and pathogens through the control and management of ships' ballast water and sediments,

noting that the Convention provides in Articles 13.1 and 13.2 for Parties, inter alia, to provide support for those Parties that request technical assistance in respect of the control and management of ships' ballast water and sediments,

recognizing the valuable technical co-operation activities undertaken in partnership with developing countries on ballast water management issues under the GEF/UNDP/IMO Global Ballast Water Management Programme (GloBallast) since 2000,

being convinced that the promotion of technical co-operation will expedite the acceptance, uniform interpretation and enforcement of the Convention by States,

noting with appreciation that, through the adoption of resolution A.901(21), the Assembly of the International Maritime Organization (lMO):

a): affirmed that IMO's work in developing global maritime standards and in providing technical co-operation for their effective implementation and enforcement can and does contribute to sustainable development; and
b): decided that IMO's mission statement, in relation to technical co-operation in the 2000s, is to help developing countries improve their ability to comply with international rules and standards relating to maritime safety and the prevention and control of marine pollution, giving priority to technical assistance programmes that focus on human resource development, particularly through training, and institutional capacity building;

1.

Requests Member States, in co-operation with IMO, other interested States and international bodies, competent international or regional organizations, and industry programmes, to promote and provide directly, or through IMO, support to States that request technical assistance for:

a): the assessment of the implications of ratifying, accepting, approving, or acceding to, as well as implementing and enforcing the Convention;
b): the development of national legislation and institutional arrangements to give effect to the Convention;
c): the training of scientific and technical personnel for research, monitoring and enforcement (e.g., ballast water risk assessments, invasive marine species surveys, monitoring and early warning systems, ballast water sampling and analysis), including as appropriate the supply of necessary equipment and facilities, with a view to strengthening national capabilities;
d): exchange of information and technical co-operation relating to minimization of risks to the environment and human health from transfer of handful aquatic organisms and pathogens through the control and management of ships' ballast water and sediments;
e): research and development of improved ballast water management and treatment methods; and
f): establishment of special requirements in certain areas in accordance with Section C of the regulations of the Convention;

2.

Requests further international development agencies and organizations to support, including through the provision of necessary resources, technical co-operation programmes in the field of ballast water control and management, consistent with the Convention;

3.

Invites the Technical Co-operation Committee of IMO to continue providing for capacity-building activities on the control and management of ships' ballast water and sediments, within the Organization's Integrated Technical Co-operation Programme, in order to support the effective implementation and enforcement of the Convention by developing countries; and

4.

Urges all States to initiate action in connection with the abovementioned technical co-operation measures without awaiting the entry into force of the Convention.

Resolution 4. Review of the annex to the international convention for the control and management of ships' ballast water and sediments

The conference,

having adopted the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Convention),

recognizing that review of the Annex to the Convention, and in particular hut not restricted to regulations A-4, A-5, B-I, B-3, B-4, C-l, D-l. D-2, D-3 and D-5, may have to be considered prior to entry into force of the Convention, for instance, because of perceived impediments to entry into force or to address the standards set forth in regulation D-2 of the Annex to the Convention,

recommends that the Marine Environment Protection Committee review the regulations of the Annex to the Convention as it considers appropriate, but not later than three years before the earliest effective date of the standards set forth in regulation D-2 of the Annex to the Convention, i.e., 2006.