MINISTRY OF DEFENSE GENERAL MARITIME DIRECTORATE RESOLUTION NUMBER 0477 OF 2012 (OF SEPTEMBER 06 OF 2012)

Transcription

1 MINISTRY OF DEFENSE GENERAL MARITIME DIRECTORATE RESOLUTION NUMBER 0477 OF 2012 (OF SEPTEMBER 06 OF 2012) Adopting and establishing measures and control procedures to verify ballast water and sediment management on board national and foreign vessels in Colombian jurisdictional waters. THE GENERAL MARITIME DIRECTORATE exercising its legal faculties conferred by numerals 5 and 19 of article 5 of Decree 2324 of 1984, in accordance to numerals 2, 4 and 5 of article 2 of Decree 5057 of 2009, and CONSIDERING That numerals 5 and 19 of article 5 of Decree Law 2324 of 1984 determine as duties and attributions of the General Maritime Directorate to regulate, direct and control activities concerning general navigation safety, safety of human life at sea, as well as to apply, coordinate, oversee and enforce national and international regulations aimed at preserving and protecting the marine environment. That numerals 2, 4 and 5 of article 2 of Decree 5057 of 2009, stipulate that the General Maritime Director should: 2. ( ) sign acts, resolutions, decisions and other corresponding documents in accordance to its duties. ( ) 4. Issue technical regulations for maritime activities, safety of human life at sea, prevention of marine pollution coming from vessels, as well as determine the internal procedures necessary to comply with the goals and duties of the General Maritime Directorate. 5. Plan, direct, coordinate and assess the regulations necessary for the development, control and supervision of maritime activities. The introduction of invasive marine species in dissimilar ecosystems, through ballast waters and vessel sediments or adhered to the hull or other vectors, has been identified by the United Nations as one of the four most important threats which the oceans of the world currently face,

2 PAGE 2 in addition to overexploitation of marine resources, habitat destruction and marine pollution produced by land sources. That the Marine Environment Protection Committee (MEPC, 42 nd session) of the International Maritime Organization, as of July 1999 developed technical action guidelines for vessel ballast water management and control in order to minimize impact caused by transference of harmful aquatic organisms and pathogens. This resulted in the adoption of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM) in That by means of Resolution 5 of the Sixth Regional Operative Co-operational Network of American Maritime Authorities of South America, Cuba, Mexico and Panama Meeting (ROCRAM) held in Viña del Mar, between November 2 and 6 of 1992, creating the Latin American Ocean (or Viña del Mar) Agreement to allow the Port State Control to control vessels. Furthermore, Section 3 of this agreement establishes procedures for vessel inspection, rectification and seizure by officers in charge of Port State Control supervision of each maritime authority in the region. That it is necessary to establish administrative and operational procedures to control and verify ballast water and sediment management on vessels and movable floating platforms in Colombian jurisdictional waters. DECIDES CHAPTER I OVERVIEW ARTICLE 1. - OBJECT: Adopt and establish measures and verification and control procedures for ballast water and sediment management on board national and foreign vessels and movable floating platforms in Colombian jurisdictional waters, as well as acceptance, management and disposal of sediments in shipyards and naval repair docks under the jurisdiction of the National Maritime Authority, with the purpose of minimizing the risk of introducing or transferring harmful aquatic organisms and pathogens. ARTICLE 2. - DEFINITIONS: In order to apply the provisions of the current resolution, the following definitions will be taken: Ballast water: Water, with matter in suspension, loaded aboard a vessel or movable floating platform, for purposes of controlling vessel trim, heeling, draft, stability and structural stress. Ballast water and Sediment Management Certificate of Compliance: Document which certifies

3 PAGE 3 ballast water and sediment management on board, performed by the crew. Ballast water and sediment management: Mechanical (including replacement by dilution, sequential and continuous flow methods), physical, chemical or biological procedures used individually or in combination intended to extract or neutralize damaging aquatic organisms and pathogens in ballast water and sediments or to avoid capture or discharge of the aforementioned. Damaging aquatic organisms or pathogens: Living organisms whose introduction into the ocean, estuaries or fresh water waterways may cause damage to the environment, human health, goods or resources, deteriorate biological diversity or hinder other legitimate uses of said aquatic areas. Sediment: Material deposited on the bottom of tanks, contained in introduced ballast waters. Colony-forming Unit (CFU): A numerical amount indicating the degree of microbiological pollution in the environment. This unit measures growth of a colony in a pre-established time frame. ARTICLE 3. - APPLICATION SCOPE: The provisions of this resolution apply to all national and foreign vessels and movable floating platforms which arrive or depart from national ports or transit Colombian jurisdictional waters, endowed with tanks or reservoirs intended to carry permanent or occasional ballast waters. ARTICLE 4. - EXCEPTIONS: Vessels and movable floating platforms less than 50 gross tons are exempt from complying with this resolution as well as the following: 1. NATIONAL NAVY WAR BOATS AND ANCILLARY VESSELS of the National Fleet or any other governmental vessel or movable floating platform, or that is temporarily operated by the government in official non-commercial service. 2. WITH PERMANENTLY SEALED WATER BALLAST TANKS. The shipowner must request this exception from the General Maritime Directorate in advance. 3. PORT SERVICES exclusively in the terms defined by Resolution 220 of 2012 (National regulation for cataloging, inspection and certification of Colombian flag vessels and movable floating platforms) issued by the National Maritime Authority or other modifying regulations. 4. THOSE IN CONSTRUCTION PROCESS WHICH DUE TO ITS CHARACTERISTICS DO NOT ALLOW BALLAST WATER CHANGE. The shipowner must request this exception from General Maritime Directorate and must be well-founded.

4 PAGE 4 5. SEMISUBMERSIBLE OR FLOATING PLATFORMS. This exemption applies when they are installed and remain in their operating location. CHAPTER II REGULATIONS APPLICABLE TO BALLAST WATER MANAGEMENT ARTICLE 5. - BALLAST WATER CHANGE: Vessels and movable floating platforms which change their ballast water pursuant to the current regulations, shall do so with a 95% volumetric change, as a minimum. In the event of vessels and movable floating platforms which change ballast waters following the continuous flow method, pumping the volume three times will be considered compliant with the described in the previous clause. Any lesser pump volume will be accepted if and when the vessel or movable floating platform can demonstrate that they have achieved 95% of the volumetric change. ARTICLE 6. - EFFICIENCY REGULATIONS FOR BALLAST WATER MANAGEMENT: Ballast water effectiveness will be determined by the following regulations: 1. Vessels and movable floating platforms which perform ballast water management pursuant to this regulation, will discharge at least 10 viable organisms per cubic meter whose minimum size will be equal or lower than 50 microns and greater than 10 microns and the discharge of indicating microbes shall not exceed the concentrations specified in the following numeral. 2. Indicator microbes, for the purpose of human health, will include the following organisms: i. Toxigenic vibrio cholerae (O1 and O139): less than one colony-forming unit (CFU) per 100 milliliters or less than 1 CFU per gram (moist weight) of zooplankton samples; ii. Escherichia coli: less than 250 CFU per 100 milliliters; iii. Intestinal enterococcus: less than 100 CFU per 100 milliliters. ARTICLE 7. - BALLAST WATER MANAGEMENT SYSTEMS: The systems used to comply with the provisions of this regulation should be approved by the General Maritime Directorate with the purpose of verifying that they will be safe to the vessel, movable floating platform, its equipment and crew.

5 PAGE 5 ARTICLE 8. - BALLAST WATER MANAGEMENT CONTROL: Vessels and movable floating platforms which arrive at Colombian jurisdictional waters may be subjected to inspection of the Maritime Authority with the purpose of identifying if the comply with the set forth in this resolution. PARAGRAPH: The Maritime Authority can install safety seals that will inhibit use or handling of ballast water systems or discharge (valves) until a possible breach to the established regulations is determined in this resolution. CHAPTER III BALLAST WATER MANAGEMENT PLAN ARTICLE 9. - BALLAST WATER MANAGEMENT PLAN: Colombian flag vessels and movable floating platforms which are covered by the provisions of these regulations must implement a Ballast Water Management Plan for General Maritime Directorate approval, with the purpose of offering safe and effective procedures. This plan should be included in the documentation of the vessel and movable floating platform, be specific for each one and contain the following elements: a. Detailed vessel and movable floating platform and associated crew safety management procedures. b. Detailed description of the measures taken to apply said management plan. c. Indicate the water ballast sampling points, which represent the ballast of the vessel. d. Appointment of an on-board officer responsible for ensuring that the plan is correctly applied. FIRST PARAGRAPH: For foreign flag vessels and movable floating platforms, the Ballast Water Management Plan must be written in the work language of the vessel. If it is not English or Spanish, it should include a translation into one of these languages. SECOND PARAGRAPH: Vessels and movable floating platforms which operate only in Colombian jurisdictional waters should have the Management Plan in Spanish. CHAPTER IV OBLIGATIONS IN BALLAST WATER MANAGEMENT

6 PAGE 6 ARTICLE 10. OBLIGATIONS REGARDING BALLAST WATER MANAGEMENT: Colombian or foreign flag vessels and movable floating platforms captains, shipowners operating in Colombian jurisdictional waters including Colombian rivers which carry ballast waters and sediments must comply with the following: 1. International navigation vessels and movable floating platforms which come from foreign ports and have the intention of de-ballasting in Colombian waters or ports, must perform or totally change their ballast water in oceanic waters a at distance not less than 200 nautical miles and at a depth no less than 200 meters, except when coming from the Caribbean Sea, in which case the distance shall not be less that 50 nautical miles and no less than 200 meters. 2. The captain of the vessel and movable floating platform must submit a Ballast Water Notification to the Port Authority along with an arrival note, before starting ballast water discharge according to Annex A, which will be an integral part of this resolution. 3. Vessels and movable floating platforms which carry ballast waters and sediments should establish safe and efficient replacement procedures, without risking safety to the crew, vessel or artifact, to help minimize transfer of damaging aquatic organisms and pathogens. 4. Shipyards, repair shops and dry docks which due to their activities handle sediments or mud deposited in ballast water tanks of vessels and movable floating platforms, must have the necessary facilities to receive these waters and have a previously approved National Maritime Authority Ballast Water and Sediment Management Plan. 5. The National Maritime Authority will verify the existence on board vessels and movable floating platforms, of the Water Ballast Management Plan as well as the Navigation Plan for the trip and the corresponding Ballast Water Notification Form records. 6. The National Maritime Authority will not accept de-ballasting operations in areas other than those established in the administrative act or in designated areas or that will soon be declared as especially sensitive, except for safety reasons and safeguarding human life at sea or in face of imminent danger of greater damage. 7. Vessels and movable floating platforms which cannot or opt not to comply with the previously described conditions regarding de-ballasting operations, should hold ballast water on board and should seal all ballast water valves until exiting the boundaries indicated in numeral 1 of this article. 8. In order to discharge ballast waters where there are existing facilities, the vessel or movable floating platform shipowner or captain may request authorization directly or through a maritime agency from the Port Authority of the destination or area responsible, leaving proof of the initial request:

7 PAGE 7 a. Source of the ballast water which they expect to discharge. b. Type of treatment applied to the ballast water and the authority which adopted said system. c. Identification and capacity (volume) of all tanks involved in the operation, measured in cubic meters or tons. d. Identification of all tanks which will hold ballast water and the amount held, measured in cubic meters or tons. e. Position of the vessel or movable floating platform, in latitude and longitude, at the time of formalizing the request. f. Estimated Time of Arrival at the Port (ETA). g. Method used to change ballast water on the previous voyage prior to the requested change and treatment applied (if applicable). h. Statement of whether sediments were removed in previous operation. i. Vessels or movable floating platforms with a Colombian port destination must report the condition of the ballast on board to the respective Port Authority, through the Maritime Agency that represents their vessel, using a Ballast Water Notification Form together with the arrival notice. PARAGRAPH: De-ballasting shall begin once authorized by the National Maritime Authority through the Port Authority. Doing so without the authorization will be subjected to investigation and penalized, pursuant to the provisions of Decree-Law 2324 of 1984 and other modifying regulations. Whenever a vessel suffers and accident or has a problem which will impact its capacity to perform the ballast water management according to the provisions in this resolution, the shipowner, shipowner respondent or responsible party will report the situation as soon as possible to the General Maritime Directorate and/or to the recognized organization in charge of issuing the pertinent Certificate of Compliance. ARTICLE 11. DUTIES OF OFFICERS AND CREW MEMBERS: Officers and crew members should be acquainted with their duties in the Ballast Water Management of the vessel or movable floating platform where they provide their services. ARTICLE REPORT PRESENTATION: The Captain of a vessel or movable floating platform heading towards Colombian jurisdictional waters must submit the Water Ballast

8 PAGE 8 Notification Form to the General Maritime Directorate. This must include the information indicated in the Water Ballast Notification Form attached, which is part of this resolution, along with the Arrival Notice. A copy of each form should be maintained on board during the following 24 months after submitting the form. ARTICLE SEDIMENT REMOVAL: The vessel or movable floating platform cannot discharge its sediments as a result of the water ballast management coming from daily cleaning of its water ballast tanks in Colombian jurisdictional waters. Nevertheless, it may deliver them to existing reception facilities. CHAPTER V WATER BALLAST MANAGEMENT INSPECTION ARTICLE INSPECTIONS: Vessels or movable floating platforms will be subjected to inspection specified as follows: 1. Initial: The General Maritime Directorate will carry out a first time inspection which consists of the general structure, equipment and systems, its arrangement and materials used, in order to verify whether they comply with the provisions of this resolution. 2. Renewal: This inspection is performed before issuing a new certificate, checking the status of the structure, equipment and systems, their arrangement and materials used, based on the requirements of the General Maritime Directorate, with the purpose of guaranteeing that the condition of the vessel or movable floating platform is appropriate and suitable to continue providing the service for which it was built. This inspection implies issuing a new certificate after expiry of the previous certificate and may be requested 3 months prior to its expiry date. 3. Yearly. This includes a general assessment of the structure, equipment and systems, their arrangement and materials used, based on the requirements of the General Maritime Directorate, in a manner that will ensure that they have been maintained in accordance with the requirements. It should be performed 3 months prior to the date of expiry in order to guarantee that the status of the vessel or movable floating platform and its equipment are suitable to travel the seas without endangering the marine environment. 4. Intermediate. This replaces one of the yearly inspections, between the second and third certificate expiry dates. This inspection will ensure that equipment; systems and procedures relevant to ballast water management fully comply with the applicable requirements of this article and are working properly. They will be endorsed by the Certificate of Compliance. 5. Occasional, follow-up or technical. This inspection is requested by the General Maritime Directorate with the purpose of verifying the technical conditions of national or foreign vessels or movable floating platforms, before departure, forced arrival due to damage in any

9 PAGE 9 of its systems, safety status after a down-time of more than 60 days, when there is clear evidence of deficiencies in the hull, structure, engines or equipment or other causes determined by the General Maritime Directorate or by request of the shipowner. PARAGRAPH: Any modification to the structure, equipment and systems, their arrangement and materials of vessels or movable floating platforms, pursuant to the provisions in these articles, should previously authorized by the General Maritime Directorate. CHAPTER VI COMPLIANCE CERTIFICATE ARTICLE 15. BALLAST WATER MANAGEMENT COMPLIANCE CERTIFICATE: The National Maritime Authority will issue a 5 year valid Certificate of Compliance of the water ballast management for vessels and movable floating platforms inspected and complying with the provisions set forth by this resolution. It should be presented to the Maritime Authority whenever the vessel or movable floating platform is inspected or required to show its certificates. ARTICLE ISSUANCE OR RENEWAL: The Certificate of Compliance will be issued in Spanish with an English translation, as established in Annex B, which is an integral part of this resolution. ARTICLE ON BOARD DOCUMENTS: Once the vessel has been satisfactorily inspected for ballast water management, as evidence of the inspection the vessel should carry the following documents and information: 1. Ballast Water Management Certificate or Certificate of Compliance 2. Ballast Water Management Plan 3. Ballast water log book 4. Navigation Plan for the current trip 5. Ballast Water Notification Form with corresponding registrations CHAPTER VII SUPPLEMENTARY DISPOSITIONS ARTICLE 18. EXCEPTIONS IN EMERGENCY SITUATIONS: The following emergency situations exempt the application of guidelines determined by this resolution, provided they are immediately communicated to the Maritime Authority, such as:

10 PAGE When intake or discharge of ballast water and sediments is necessary to guarantee the safety of the vessel or movable floating platform or people on board to safeguard human life at sea. 2. When an accidental discharge of ballast water and sediments occurs as a result of damage to the vessel or movable floating platform, which is not a consequence of operator negligence by responsible officer on board, provided that reasonable precautions have been taken to reduce and prevent said discharge before and after the incident. 3. When the purpose of the intake or discharge of ballast water and sediments is to minimize pollution events caused directly by the vessel or movable floating platform. 4. When the discharge of ballast water and sediments is carried out in the same location it was taken (port, dock or anchorage location), under the condition that ballast waters and sediments do not mix with unmanaged ballast waters and sediments from other areas. FIRST PARAGRAPH: Vessels and movable floating platforms coming from abroad and planning to discharge their ballast water in Colombian jurisdictional waters, must first change their ballast water completely in oceanic waters at a distance no less than 200 nautical miles and at a depth no less than 200 meters before entering any Colombian port, except when coming from the Caribbean sea, in which case the distance should not be less than 50 nautical miles and at a depth no less than 200 meters. SECOND PARAGRAPH: Similarly, an exemption applies to the general rules for those vessels or movable floating platforms which travel between both Pacific and Atlantic coasts or within the same coast, between two or more areas with different environmental conditions. ARTICLE 19. TRANSITION PERIOD: Colombian flag vessels and movable floating platforms shipowner s will have a six (6) month term from the date of publication of this resolution in the Official Gazette to comply with all the provisions stated in the resolution. ARTICLE 20. PENALIZING FACULTY: Non-fulfillment or disregard of the provisions of this resolution will be considered as a violation to the merchant marine regulations, resulting in the application of prior administrative procedure established by the Administrative Procedure Code, of the corresponding penalties, in the terms establish by article 80 and those established by Decree Law 2324 of 1984 and other modifying regulations, especially Resolution 220 of 2012 (National Regulation for cataloguing, inspection and certification of Colombian flag vessels and movable floating platforms) issued by the Colombian Maritime Authority regarding ballast water management.

11 PAGE 11 To be released, published and fulfilled Given in Bogotá, D. C., on SIGNED ORIGINAL Rear Admiral ERNESTO DURÁN GONZÁLEZ General Maritime Directorate ANNEXES: A - Ballast water Notification Form B - Ballast water Management Certificate of Compliance