INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST WATER AND SEDIMENTS, 2004

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E INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST WATER AND SEDIMENTS, 2004 BWM.2/Circ.35 15 August 2011 Communication received from the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) 1 A communication has been received from the Regional Marine Pollution Emergency Response Centre for the Mediterranean Sea (REMPEC) on behalf of the following Contracting Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention): Albania, Algeria, Croatia, Cyprus, Egypt, France, Greece, Israel, Italy, Lebanon, the Libyan Arab Jamahiriya, Malta, Monaco, Montenegro, Morocco, Slovenia, Spain, Syria, Tunisia and Turkey. 2 The communication contains the Harmonized Voluntary Arrangements for Ballast Water Management in the Mediterranean Region (in English and French) adopted by the abovementioned Contracting Parties, which provide guidance for voluntary ballast water exchange and management options to vessels transiting the Mediterranean Sea area. The arrangements are of voluntary interim nature and will be applicable from 1 January 2012 until the time that the Ballast Water Management Convention enters into force. 3 At the request of the Administrations of the abovementioned Contracting Parties, the communication annexed hereto is circulated to Member States for their information and future action as appropriate. ***

Annex 1, page 1 Introduction ANNEX 1 HARMONIZED VOLUNTARY ARRANGEMENTS FOR BALLAST WATER MANAGEMENT IN THE MEDITERRANEAN REGION (ENGLISH VERSION) The harmonised voluntary interim regime is being submitted under paragraph 3 of Article 13 of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Ballast Water Management Convention) whereby Parties with common interest to protect the environment, human health, property and resources, particularly those bordering enclosed or semi-enclosed seas, shall endeavour to enhance regional cooperation, including through the conclusion of regional agreements consistent with the Convention. The proposed arrangements take into account other adopted regional policies on ship's ballast water exchange. The regime forms also part of a regional strategy on ships' ballast water management, developed within the Mediterranean Action Plan 1, with the technical support of the GloBallast Partnerships Project 2. It is based on the requirements of the Ballast Water Management Convention and is being proposed as an interim regime. The regime is voluntary; therefore, ships entering the Mediterranean Sea area are encouraged to apply these guidelines on a voluntary basis as from 1 st January 2012. This regime will no longer apply when a ship meets the ballast water performance standard contained in regulation D-2 of the Convention, or when the Convention comes into force and a ship has to apply the D-2 standard in accordance with the application dates set out in regulation B-3 of the Convention. Definitions Convention means the International Convention for the Control and Management of Ships' Ballast Water and Sediments; and is hereunder referred to as "Ballast Water Management Convention"; Mediterranean Sea area means the Mediterranean Sea proper including the Gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41 N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 005 36' W; Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41 ; Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 28'.5 N, 043 19'.6 E) and Husn Murad (12 40'.4 N, 043 30'.2 E). 1 2 The Contracting Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) are the following: Albania, Algeria, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, The European Community, France, Greece, Israel, Italy, Lebanon, Libya, Malta, Morocco, Montenegro, Slovenia, Spain, Syria, Tunisia and Turkey. GEF/UNDP/IMO project "Building partnerships to assist developing countries to reduce the transfer of harmful aquatic organisms in ship's ballast water (Globallast Partnerships)".

Annex 1, page 2 1 Ships entering the waters of Mediterranean Sea area from the Atlantic Ocean (Straits of Gibraltar), or from the Indian Ocean through the Red Sea (Suez Canal) or leaving the waters of the Mediterranean Sea area to the Atlantic Ocean (Strait of Gibraltar) or to the Indian Ocean through the Red Sea (Suez Canal), should: (a) (b) undertake ballast water exchange before entering the Mediterranean Sea area, or after leaving the Mediterranean Sea area, as applicable, according to the standard set out in the D-1 Standard of the Ballast Water Management Convention, and at least 200 nautical miles from the nearest land and in waters at least 200 meters in depth 3 ; in situations where this is not possible, either due to deviating the ship from its intended voyage or delaying the ship, or for safety reasons, such exchange should be undertaken before entering the Mediterranean Sea area, or after leaving the Mediterranean Sea area, as applicable, according to the standard set out in the D-1 Standard of the Ballast Water Management Convention, as far from the nearest land as possible, and in all cases in waters at least 50 nautical miles from the nearest land and in waters of at least 200 meters depth 4. 2 Ships should, when engaged in traffic between: i. ports located within the Mediterranean Sea area; or ii. a port located in the Black Sea area and a port located in the Red Sea area; or iii. a port located in the Black Sea and a port located in the Mediterranean Sea area; or iv. a port located in the Red Sea area and a port located in the Mediterranean Sea area. (a) (b) undertake ballast water exchange as far from the nearest land as possible, and in all cases in waters at least 50 nautical miles from the nearest land and in waters of at least 200 meters depth. The areas, one of which being unfit for ballast water exchange due its size, where such requirements are met in the Mediterranean Sea area, appear in the map provided in the appendix; in situation where this is not possible either due to deviating the ship from its intended voyage or delaying the ship, or for safety reasons, exchange of ballast water should be undertaken in areas designated by the port State for that purpose 5 ; and, if a port State decides to designate a ballast water exchange areas, (c) such areas shall be assessed in accordance with the Guidelines on designation of ballast water areas for ballast water exchange developed by the International Maritime Organization 6, and in consultation with adjacent States and all interested States. 3 4 5 6 These geographical parameters are those set by Regulation B-4.1.1 of the Ballast Water Management Convention. These geographical parameters are those set by Regulation B-4.1.2 of the Ballast Water Management Convention. Regulation B-4.2 of the Ballast Water Management Convention. Guidelines on Designation of Ballast Water Areas for Ballast Water Exchange (G14), adopted on 13 October 2006. Resolution MEPC.151(55).

Annex 1, page 3 3 Sediments collected during the cleaning or repairing operations of ballast tanks should be delivered in sediment reception facilities in ports and terminals, according to Article 5 of the Ballast Water Management Convention, or be discharged beyond 200 nautical miles from the nearest land of the coastline when the ship is sailing in the Mediterranean Sea area. 4 Exemptions can be granted to a ship on a voyage between specified ports or locations within the Mediterranean Sea area, or to a ship operating exclusively between specified ports or locations within the Mediterranean Sea area. These exemptions are to be granted according to Regulation A-4 1 of the Ballast Water Management Convention and based on the Guidelines for risk assessment under regulation A-4 of the BWM Convention developed by the International Maritime Organization 7. 5 As per Regulation B-4 of the Ballast Water Management Convention, if the safety or stability of the ship is threatened by a ballast water exchange operation, this operation should not be undertaken. The reasons should be entered in the ballast water record book and a Report should be submitted to the maritime authorities of the Port of destination. 6 Each vessel calling at a port within the Mediterranean Sea area is required to have on board a Ballast Water Management Plan complying with requirements of the Guidelines for Ballast Water Management and Development of Ballast water Management Plans developed by the International Maritime Organization 8 and to keep a record of all ballast water operations carried out. * * * 7 8 Guidelines for Risk Assessment under Regulation A-4 of the BWM Convention (G7), adopted on 13 July 2007. Resolution MEPC.162(56). Guidelines for Ballast Water Management and Development of Ballast Water Management Plans (G4), adopted on 22 July 2005. Resolution MEPC.127(53).

Annex 1, page 4 APPENDIX Areas in the Mediterranean Sea meeting the requirements set out in Regulation B-4.1.2 of the Ballast Water Management Convention (at least 50 nautical miles from the nearest land in waters of at least 200 meters depth) ***