INTERNATIONAL CONVENTION

FOR THE CONTROL AND

MANAGEMENT OF SHIP’S BALLAST
WATER AND SEDIMENT, 2004

GROUP 4
3CL MONDRAGON
3CL MANLANGIT
3CL NOLLAN
3CL OSEÑA
RESPONSIBILITIES UNDER
INTERNATIONAL
INSTRUMENTS AFFECTING
THE SAFETY OF THE SHIP,
PASSENGERS, CREW AND
CARGO BALLAST WATER
CONVENTION

Learning Outcome 1.16. Recommend

measures for preventing the recurrence
of common PSC findings on a cargo ship.
 The IMO adopted the Ballast Water Management Convention in
February 2004. It was set to enter into force 12 months after
ratification by thirty nations that together represent 35% or more of
the world’s total merchant shipping tonnage. This date is now
known: Friday the 8th of September 2017.

The Convention requires that ballast water must be treated - to

specify D2 standards - before it is discharged. All vessels built
before the date of entry into force of the BWMC, must install a Type
Approved system at the first renewal of the IOPP certificate.

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Application of the Ballast Water
Management Convention
Under the Convention ‘ship’ is defined as a ‘vessel of any type
whatsoever operating in the aquatic environment and includes
submersibles, floating craft, floating platforms, Floating Storage Units
(FSUs) and Floating Production Storage and Offloading Units (FPSOs).’
The Convention applies to ships entitled to fly the flag of a contracting
party (and those that operate under the authority of that party
irrespective of flag) which use ballast water during international
voyages. The Convention also makes clear that contracting parties are
to apply the requirements of the Convention as necessary to ensure
that no more favorable treatment is given to ships flying the flag of no
signatory parties.
The Convention shall Not apply to the following
• Ships not designed or constructed to carry ballast
• Ships of a party which only operate in waters under the jurisdiction
of that party, unless the party determines that the discharge of
ballast water from such ships would impair or damage their
environment, human health, property or resources, or those of
adjacent or other states
• Ships which only operate in waters under the jurisdiction of one
party and on the high seas for which the exchange of ballast water
is not deemed harmful to the environment, human health, property
or resources, or those of adjacent or other states
• Warships, naval auxiliary ships or other ships owned or operated by
a state • Ships with permanent ballast water in sealed tanks
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Exemptions
• The uptake or discharge of Ballast Water and Sediments necessary for the
purpose of ensuring the safety of a ship in emergency situations or saving
life at sea
• The accidental discharge or ingress of Ballast Water and Sediments
resulting from damage to a ship or its equipment
• Ballast operations for the purpose of avoiding or minimizing pollution
incidents from the ship
• The uptake and subsequent discharge on the high seas of the same Ballast
Water and Sediments
• The discharge of Ballast Water and Sediments from a ship at the same
location where the whole of that Ballast Water and those Sediments
originated and provided that no mixing with unmanaged Ballast Water and
Sediments from other areas has occurred
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Exemptions by the Administration
• Can be granted to a ship or ships on a voyage or voyages between
specified ports or locations; or to a ship which operates exclusively
between specified ports or locations
• Effective for a period of no more than five years subject to intermediate
review
• Can be granted to ships that do not mix Ballast Water or Sediments
other than between the ports or locations specified
• Can only be granted based on the guidelines on risk assessment
developed by the IMO
• “ A vessel plying between ports under the jurisdiction of n-amount of
parties will need same amount of exemptions issued by the
administrations of parties to the convention involved."
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Port State Control (PSC)

Port State Control (PSC) is the inspection of foreign ships in national ports
to verify that the condition of the ship and its equipment comply with the
requirements of international regulations and that the ship is manned and
operated in compliance with these rules.
These inspections were originally intended to be a back up to flag State
implementation, but experience has shown that they can be extremely
effective. The Organization adopted resolution A.682(17) on Regional co-
operation in the control of ships and discharges promoting the conclusion
of regional agreements. A ship going to a port in one country will normally
visit other countries in the region and it can, therefore, be more efficient if
inspections can be closely coordinated in order to focus on substandard
ships and to avoid multiple inspections.
The Port State Control Inspections may be conducted on the following
basis:
Ø initiative of the Port State Administration;
Ø the request of, or on the basis of, information regarding a
ship provided by another Administration
Ø information regarding a ship provided by a member of the
crew, a professional body, an association, a trade union or any other
individual with an interest in the safety of the ship, its crew and
passengers, or the protection of the marine environment.

The PSC inspections may be on random, targeted or periodical basis.

The following types of PSC inspections are used in PSC:
1. Initial Inspection (random)
2. More detailed inspection (escalated)
3. Expanded inspection (targeted/periodical)
The list of certificates and documents which are checked
during the inspection are:
The list of certificates and documents which are checked during the inspection are:
1. International Tonnage Certificate (1969);
2. Passenger Ship Safety Certificate;
3. Cargo Ship Safety Construction Certificate;
4. Cargo Ship Safety Equipment Certificate;
5. Cargo Ship Safety Radio Certificate;
6. Exemption Certificate;
7. Cargo Ship Safety Certificate;
8. Document of Compliance (SOLAS 74, regulation II-2/54);
9. Dangerous Goods Special List or Manifest, or Detailed Stowage Plan;
10. International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, or the
Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, whichever is appropriate;
11. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, or
the Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, whichever is
appropriate;
12. International Oil Pollution Prevention Certificate;
13. International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in
Bulk;
14. International Load Line Certificate (1966);
15. International Load Line Exemption Certificate;
16. Oil Record Book, parts I and II;
17. Shipboard Oil Pollution Emergency Plan;
18. Cargo Record Book;
19. Minimum Safe Manning Document;
20. Certificates of Competency;
 9 Regional Agreements
The primary responsibility for maintaining ships' standards rests with their flag States, as well as their owners and masters.
However, many flag States do not, for various reasons, fulfil their obligations under international maritime conventions, and port
State control provides a useful "safety net" to catch substandard ships.

Nine regional agreements on port State control -

Memoranda of Understanding or MoUs - have been signed:
• Europe and the north Atlantic (Paris MoU)
• Asia and the Pacific (Tokyo MoU)
Latin America (Acuerdo de Viña del Mar)
Caribbean (Caribbean MoU)
West and Central Africa (Abuja MoU)
the Black Sea region (Black Sea MoU)
the Mediterranean (Mediterranean MoU)
the Indian Ocean (Indian Ocean MoU)
the Riyadh MoU
The United States Coast Guard
Paris memorandum of understanding (MOU) laid down few general
rules for the inspection of foreign vessels. They are as follows:
• Inspection would be carried out on ships coming to a port for the
first time or after an absence of 12 months of more
• Inspection would be carried out of ships which have been
permitted to leave the port of a state with deficiencies to be
rectified
• Inspection would be carried out of ships which have been
reported as being deficient by pilots or port authorities
• Ships whose certificates are not in order would be inspected
• Ships which has been involved in any kind of accident such as
grounding, collision or stranding on the way to a port will be
inspected
Paris memorandum of understanding (MOU) laid down few general
rules for the inspection of foreign vessels. They are as follows:
• Inspection of ship which are carrying dangerous or polluting goods
and have failed to report relevant information would be inspected
• Ships which have been suspended from the class in the preceding
6 months would be inspected
• Ships which have been subject of a report or notification by
another authority would be inspected
• Inspection of ships which are accused of an alleged violation of the
provision of IMO as to pose a threat to the ship’s crew, property, or
environment would be inspected
• A ship is allowed to leave a port only on condition that the
deficiencies found will be rectified before the departure or at the
next port or within 14 days.
The following types of inspection can be carried out:
Initial inspection
An initial inspection will consist of a visit on board the ship in order to:
• check the certificates and documents listed in Annex 10 of the MoU text;
• check that the overall condition and hygiene of the ship including:

1. navigation bridge
2. accommodation and galley
3. decks including forecastle
4. cargo holds/area
5. engine room

• meets generally accepted international rules and standards;

• verify, if it has not previously been done, whether any deficiencies found by
an Authority at a previous inspection have been rectified in accordance with
the time specified in the inspection report.
More detailed inspection

"An inspection conducted when there are clear grounds for believing that
the condition of the ship, its equipment, or its crew does not correspond
substantially with the particulars of the certificates".

A more detailed inspection will be carried out whenever there are clear
grounds for believing, during an inspection, that the condition of the ship
or of its equipment or crew does not substantially meet the relevant
requirements of a relevant instrument. Clear grounds exist when a Port
State Control Officer finds evidence, which in his/her professional
judgement warrants a more detailed inspection of the ship, its equipment
or its crew. The absence of valid certificates or documents is considered a
clear ground. Other examples of clear grounds can be found in Annex 9,
paragraph 6 of the MoU text.
Expanded inspection
"Expanded inspection is an inspection conducted according to non-mandatory guidelines
only once during 12 months period for certain types of ships and certain categories of age
and size." An expanded inspection shall include a check of the overall condition, including
human element where relevant, in the following risk areas:
1. Documentation
2. Structural condition
3. Water/Weathertight condition
4. Emergency systems
5. Radio communication
6. Cargo operations
7. Fire safety
8. Alarms
9. Living and working conditions
10. Navigation equipment
11. Life saving appliances
12. Dangerous Goods
13. Propulsion and auxiliary machinery
14. Pollution prevention
Expanded inspection
"Expanded inspection is an inspection conducted according to non-mandatory guidelines
only once during 12 months period for certain types of ships and certain categories of age
and size." An expanded inspection shall include a check of the overall condition, including
human element where relevant, in the following risk areas:

and subject to their practical feasibility or any constraints relating to the safety of
persons, the ship or the port, verification of the specific items in these risk areas listed for
each ship type must be part of an expanded inspection.

The inspector must use professional judgement to determine the appropriate depth of
examination or testing of each specific item.
Inspectors must be aware that the safe execution of certain on-board operations, e.g.
cargo handling, could be jeopardised by tests carried out during such operation.
The expanded inspection will take account of the human elements covered by ILO, ISM
and STCW and include operational controls as appropriate.
Concentrated inspection campaign
Concentrated inspection campaigns focus on specific areas where high levels of deficiencies have been
encountered by PSCOs, or where new convention requirements have recently entered into force.
Campaigns take place yearly over a period of 3 months (September - November) and are combined with a
regular inspection. Over the years the following topics have been the focus of a CIC:
• 2018 MARPOL Annex VI
• 2017 Safety of Navigation
• 2016 MLC 2006
• 2015 Entry into Enclosed Spaces
• 2014Hours of Rest (STCW)
• 2013 Propulsion and auxiliary machinery
• 2012 Fire Safety Systems
• 2011 Structural safety and Load Lines
• 2010 Tanker damage stability
• 2009 Lifesavings: Lifeboat launching arrangements
• 2008 Safety of Navigation: Solas chapter V
• 2007 Implementation of the International Safety Management Code (ISM-Code)
• 2006 MARPOL 73/78 Annex I
• 2005 Global Maritime Distress Safety System (GMDSS)
• 2004 Labour and live circumstances: Working and living conditions
• 2003 Operational Compliance on board passenger ships