Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 72

The effectiveness of this standard is debatable. Whether this performance
standard will be able to eliminate the full risk has been questioned by scientists. 46
However, the BWM Convention allows States to impose additional measures. If a
State or group of States determines that more stringent measures are needed to
prevent, reduce or eliminate the transfer of harmful aquatic organisms and patho-
gens through ship ballast water and sediments, that State or group of States may
require ships to meet a more stringent specified standard or requirement. In doing
so, States shall take into account guidelines developed by IMO and shall commu-
nicate their intention to establish additional measures to IMO 6 months before the
implementation, unless there is urgency. 47 Some States have introduced more
stringent measures, 48 demonstrating the challenges inherent in framing global
solutions and in dealing with different standards in different countries. These
double standards are not only problematic for environmental conservation, but
also create serious problems for the shipping industry. However, the coastal States
facing serious problems of harmful aquatic organisms and pathogens have a clear
justification for taking unilateral action, considering the serious and irreversible
consequences on their marine environment.

4.2.5 Implementation of Ballast Water Standards

Table 4.1 shows the planned phase-in of the Ballast Water Management Standards
under Regulation D-1 and the more stringent Regulation D-2.
The Convention will enter into force 12 months after ratification by 30 States,
representing 35 % of world merchant shipping tonnage. 49 While, as at 9 January
2014, 38 states have ratified this Convention, their combined merchant fleets
constitute approximately 30.38 % of the gross tonnage of the world s merchant

fleet. 50 Therefore the BWM Convention is yet to enter into force. Considering this
situation, the IMO Assembly adopted a resolution on 4 December 2013 proposing a
reschedule of the phase-in process. 51 According to this rescheduled timeline, most
of the ships will not be required to comply with regulation D-2 until its first renewal

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46 Donner ( 2010 ) and Gollasch et al. ( 2007 ), p. 5.
47

BWM Convention, art. 2(3); BWM Convention, annex, reg. C-1.

48

Donner ( 2010 ), p. 197.

49

BWM Convention, art. 18.

50

IMO, Status of multilateral Conventions and instruments in respect of which the International
Maritime Organization or its Secretary-General performs depositary or other functions, As at
9 January 2014, http://www.imo.org/About/Conventions/StatusOfConventions/Documents/Status
%20-%202014%20New%20Version.pdf , last accessed on 10 February 2014 (hereinafter Status of
IMO Conventions).
51 Application of the International Convention for the Control and Management of Ships

Ballast
Water and Sediments, 2004, IMO Assembly Resolution A.1088 (28), IMO Doc. A 28/Res.1088
(28 January 2014).

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