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. INTRODUCTION2. BACKGROUND3. GREATEST THREATS TO OCEANS4. GENERAL OBLIGATIONS5. CONTROL OF TRANSFER OF HARMFUL ORGANISIMS

AND RECEPTION FACILITIES6. INSPECTION OF SHIPS, SURVEY AND CERTIFICATION7. DETECTION OF VIOLATIONS8. BALLAST WATER MANAGEMENT PLANS AND

SYSTEMS9. 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 2000-2004

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 The purpose of the Convention is to regulate and control the illegal discharge of ballast water in the control the illegal discharge of ballast water in the marine ecosystemmarine ecosystem

Impacts of harmful unwanted organisms in ships’ Impacts of harmful unwanted organisms in ships’ ballast water first brought to IMO’s attention in 1991ballast water first brought to IMO’s attention in 1991

In 1997, IMO adopted a resolution on comprehensive In 1997, IMO adopted a resolution on comprehensive guidelines for the control and management of ships’ guidelines for the control and management of ships’ ballast waterballast 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 waterA 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 2002 -2004

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