Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 69

imposes a general obligation on States to give full and complete effect to the
provisions of the BWM Convention in order to prevent, minimise and ultimately
eliminate the transfer of harmful aquatic organisms and pathogens through the
control and management of ships ballast water and sediments. 33 States are allowed

to take more stringent measures with respect to the prevention, reduction or
elimination of the transfer of harmful aquatic organisms and pathogens through
the control and management of ships

'

ballast water and sediments, consistent with
international law. 34 However, as compared to the harm they prevent, States are also
obliged to ensure that ballast water management practices do not cause greater
harm to their or other States ' environment, human health, property or resources. 35
This Convention is between different actors involved with IMO. As will be
explained later, the Convention is yet to come into force; implementation has been
significantly rescheduled due to pressure from the shipping industry. This delay has
created something of a double standard in the protection global marine environ-
ment. On the one hand, developed countries have already implemented stringent
measures within waters under their jurisdiction through unilateral actions. On the
other hand, due to the delay in the implementation of this Convention, waters under
the jurisdiction of many developing countries are still highly vulnerable.

'

4.2.4 Ballast Water Management Plan and Standard

The BWM Convention obligates each vessel to have on board and implement a
Ballast Water Management Plan. The Plan will be approved by the admini-
stration, 36 taking into account Guidelines developed by IMO. 37 The Plan shall be

33 BWM Convention, art. 2(1).
34 BWM Convention, art. 2(3).
35 BWM Convention, art. 2(7).
36

' “Administration” means the Government of the State under whose authority the ship is
operating. With respect to a ship entitled to fly a flag of any State, the Administration is the
Government of that State. With respect to floating platforms engaged in exploration and exploi-
tation of the sea-bed and subsoil thereof adjacent to the coast over which the coastal State exercises
sovereign rights for the purposes of exploration and exploitation of its natural resources, including
Floating Storage Units (FSUs) and Floating Production Storage and Offloading Units (FPSOs), the
Administration is the Government of the coastal State concerned. ' BWM Convention, art. 1(1).
37

BWM Convention, annex, reg. B-1. The MEPC of IMO developed the following guidelines in
this regard: Guidelines for sediments reception facilities; Guidelines for Ballast Water Sampling;
Guidelines for ballast water management equivalent compliance; Guidelines for Ballast Water
Management and Development of Ballast Water Management Plans; Guidelines for ballast water
reception facilities; Guidelines for Ballast Water Exchange; Guidelines for Risk Assessment under
Regulation A-4; Guidelines for approval of Ballast Water Management Systems; Procedure for
Approval of BWM systems that make use of Active Substances; Guidelines for approval and
oversight of prototype ballast water treatment technology programmes; Guidelines for Ballast
Water Exchange Design and Construction Standards; Guidelines for sediment control on ships;