Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 77

of the recommended operating conditions suitable for the chosen anti-fouling
systems and operational practices. 78 The Guidelines also recommend that each
ship shall maintain a Bio-fouling Record Book. 79 It also provides provisions for
anti-fouling system installation and maintenance; in-water inspection, cleaning and
maintenance; and design and construction. 80 However, the effectiveness of the
Guidelines is yet to be properly assessed. 81 The MEPC approved draft guidance
for evaluating the 2011 Guidelines in 2013. 82

Concluding Remarks
Preventing the introduction of, and eliminating, harmful aquatic organisms
carried by ballast water is a very complex issue. The legal instruments
adopted by IMO are the result of the compromise achieved in the negotiation
process. They are not always the ideal solution. As discussed above, the
rescheduling of the implementation of the BWM Convention was adopted
due to pressure from international shipping companies. Moreover, the reluc-
tance of countries with large shipping interests is still hindering the entry into
force of the BWM Convention.

References

Journal Articles

Bax N, Williamson A, Aguero M, Gonzalez E, Geeves W (2003) Marine invasive alien species: a
threat to global biodiversity. Mar Policy 27:313-323
Carlton JT (1985) Transoceanic and interoceanic dispersal of coastal organisms: the biology of
ballast water. Oceanogr Mar Biol Ann Rev 23:313-372
Carlton JT (1987) Patterns of transoceanic marine biological invasions in the Pacific Ocean.
Bull Mar Sci 41:452-465
Champ MA (2001) New IMO Convention to control harmful antifouling systems on ships.
Sea Technol 42:48-50

78

2011 IMO Biofouling Guidelines, above note 9, art 5(3).

79

2011 IMO Biofouling Guidelines, above note 9, art 5(5).

80

2011 IMO Biofouling Guidelines, above note 9, arts 6-8.

81

See, Draft performance measures for evaluating the Guidelines for the control and management
of ships ' biofouling to minimize the transfer of invasive aquatic species, Submitted by Australia,
the Netherlands and New Zealand, IMO Doc. BLG 17/INF.9 (30 November 2012); Draft guidance
for evaluating the Guidelines for the control and management of ships biofouling to minimize the

transfer of invasive aquatic species, Submitted by Australia, the Netherlands and New Zealand,
IMO Doc. BLG 17/7 (30 November 2012).
82 Report of the Marine Environment Protection Committee on its Sixty-Fifth Session, IMO Doc.
MEPC 65/22 (24 May 2013), page 65.

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