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Purpose

Norway's adoption of Regulations of 7 July 2009 No. 992 concerning the prevention of transfer of alien organisms via ballast water and sediments from ships (Regulations 2009/992) as well as the shipping industry's preparations for the entry-into-force of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWMC) have raised issues that need to be clarified. The purpose of this ItC is twofold, namely to clarify:

  1. the scope of the certification requirements in compliance with Regulations 2009/992 for ships registered in a Norwegian ship register;
  2. the authorizations concerning Type Approval (TA) of Ballast Water Management Systems.

Application

This ItC applies to delegated ships that use ballast water.

Definitions

Ballast water: Water with its suspended matter taken on board a ship to control trim, list, draught, stability, or stresses of a ship.

Ballast Water Management System (BWMS): A system that can be installed on ships and treat ballast water according to a performance standard based on agreed maximum numbers of harmful aquatic organisms and pathogens per unit of volume.

References

  • Agreement of 1 June 2002 between the Ministry of Trade, Industry and Fisheries and Recognized Organizations (RO) concerning surveys of ships registered in a Norwegian ship register (the Agreement) articles 2.2 and 2.3 cf. Annex I to the Agreement section 3.2.5.
  • Regulations of 7 July 2009 No. 992 concerning the prevention of transfer of alien organisms via ballast water and sediments from ships (Regulations 2009/992).

Background

In preparation for the entry-into-force of the BWMC, the ROs are authorized to perform the necessary controls in order to meet pending requirements of the BWMC and issue Statements of Compliance (SOC) with the requirements of Regulations 2009/992.

Item

  1. An RO is authorized to issue a BWMS Type Approval Certificate (TAC) according to the TA process described in Guidelines for Approval of Ballast Water Management Systems (G8) (cf. G8, paragraph 6.3).
  2. An RO is authorized to approve that a particular BWMS with a TAC issued by, or on behalf of, an EEA Administration, be installed on delegated ships.
  3. An RO is authorized to approve that a particular BWMS with a TAC issued by an EEA RO on behalf of a non-EEA Administration, be installed on delegated ships.
  4. An RO is authorized to issue a BWMS TAC based on a TA issued by a non-EEA Administration (cf. G8, paragraph 6.4), after verification of the documentation supporting the TA.
  5. Pending entry into force of the BWMC, for ships that utilize BWMS, recognized organizations are on owners request authorized to issue a SOC in accordance with Regulations 2009/992 section 11 cf. section 7 first sub-section.
  6. Delegated ships that utilize BWMS and partly are engaged trading in Norwegian territorial waters or in the Norwegian Economical Zone shall be surveyed and be issued with a SOC.
  7. The survey and certification requirements of the BWMC shall be used for the issuance of a SOC. The format of this SOC shall be based upon the Model Form of International Ballast Water Management Certificate in Appendix 1 of the BWMC Section 1.
  8. ROs are authorized to approve BWMS as specified in Regulation D-3 and D-4 of the BWMC. Approval of BWMS shall be in accordance with the following guidelines; 
    • Resolution MEPC.174(58) – Guidelines for Approval of Ballast Water Management Systems (G8)
    • Resolution MEPC.169(57) – Guidelines for Approval of Ballast Water Management Systems that make use of active substances (G9)
    • Resolution MEPC.140(54) – Guidelines for approval and oversight of prototype ballast water treatment technology programmes (G10)

      Also taking into account:
    • Resolution MEPC.228(65) – Information reporting on type approved ballast water management systems
    • BWM.2/Circ.43 – Amendments to the Guidance for Administrations on the type approval process for ballast water management systems in accordance with Guidelines (G8)
    • BWM.2/Circ.37 – Information that should be made available in proposals for approval of ballast water management systems in accordance with the Procedure for approval of ballast water management systems that make use of Active Substances (G9)
  9. Prior to type approving BWMS that make use of active substances in order to meet the required performance criteria, the RO shall contact the NMA in order to proceed as specified in Regulation D-3.2 of the BWMC and resolution MEPC.169(57).