Ballast Water Convention officially entered into force in my country

On January 11, 2019, the China Maritime Safety Administration issued a notice on the "Measures for the Supervision and Administration of Ship Ballast Water and Sediment Management (Trial)". Since January 22, 2019, the Ballast Water Convention has officially entered into force in my country.

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In order to prevent harmful aquatic organisms and pathogens introduced by ships' ballast water and sediments from causing pollution and damage to the ecological environment, human health, resources and property in my country's waters, in accordance with the "Marine Environmental Protection Law of the People's Republic of China" and "Water Pollution Prevention and Control of the People's Republic of my country" These Measures are formulated in accordance with the 2004 International Convention on the Control and Management of Ship Ballast Water and Sediments (hereinafter referred to as the Convention) to which China has acceded.

Article 2

These Measures are applicable to ships sailing, berthing and operating on international voyages within the waters under the jurisdiction of my country.

These Measures do not apply to the following ships and offshore installations:

(1) Vessels on domestic voyages, including vessels navigating between the mainland and ports of Hong Kong, Macau and Taiwan;

(2) Design or build ships that do not carry ballast water;

(3) Fishing vessels, military vessels and official vessels;

(4) Ships that are sealed in ballast tanks and do not discharge ballast water;

(5) Offshore fixed and mobile platforms.

Units and personnel engaged in operations related to the management of ships' ballast water and sediments in the waters under the jurisdiction of my country shall abide by these Measures.

Article 3

The Maritime Safety Administration of the People's Republic of China is responsible for the supervision and management of ship ballast water and sediment management nationwide.

The maritime administrative agencies at all levels are specifically responsible for the supervision and management of ship ballast water and sediment management within their respective jurisdictions.

Chapter II General Provisions

Article 4

Shipping companies to which Chinese ships belong should incorporate the requirements of relevant laws, regulations and conventions on ship ballast water and sediment management into their safety management systems.

The fifth

Ships should be equipped with relevant certificates and documents such as the International Ballast Water Management Certificate, Ballast Water Management Plan and Ballast Water Record Book. Ships with ballast water management systems installed shall also hold a duplicate or photocopy of the Ballast Water Management System Type Approval Certificate.

Article 6

The International Ballast Water Management Certificate shall be issued by the Administration or its authorized ship inspection agency.

The Ballast Water Management Plan should conform to the actual operation of the ship and be issued by the Administration or its authorized ship inspection agency.

The Ballast Water Record Book shall at least include the time, latitude and longitude of ballast water operation, and the type of ballast water operation. Ships may use electronic records, or incorporate the contents of the Ballast Water Record Book into other record books.

Article 7

Port operators or units engaged in port services are encouraged to build ballast water reception and treatment facilities to deal with the failure of the ship's ballast water management system or other emergencies to meet the requirements of the Convention. Encourage shipyards or units engaged in port services to build sediment reception and treatment facilities.

Chapter 3 Ship Ballast Water and Sediment Management

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In accordance with the requirements of the Convention, ships that need to replace ballast water shall perform ballast water replacement in waters at least 200 nautical miles from the nearest land and at least 200 meters deep; 200 meters of water to implement replacement. Unless otherwise agreed between my country and its neighbors.

Article 9

For ships that need to treat ballast water in accordance with the requirements of the Convention, the content of living aquatic organisms in the discharged ballast water shall meet the following requirements:

(1) There are less than 10 living aquatic organisms with a minimum size greater than or equal to 50 microns per cubic meter of water;

(2) Less than 10 living aquatic organisms with the smallest size less than 50 microns and greater than or equal to 10 microns per milliliter of water;

(3) Toxic Vibrio cholerae has less than 1 colony forming unit per 100 ml; Escherichia coli has less than 250 colony forming units per 100 ml; Enterococcus has less than 100 colony forming units per 100 ml.

Article 10

Crew members should be familiar with their responsibilities for ballast water and sediment management, and manage ballast water and sediments on board in accordance with the requirements of the Ballast Water Management Plan.

The crew in charge of ballast water and sediment management shall make a complete record and sign in the Ballast Water Record Book, and each page shall be signed by the master after completion. The records in the Ballast Water Record Book shall be filled in in the working language of the ship. If the language is not English, French or Spanish, each record shall be translated into one of these languages. The ship shall keep the used Ballast Water Record Book on board for two years and then for three years with its affiliated company.

Article 11

Ships discharging ballast water shall report to the local maritime administrative agency 12 hours in advance. After berthing, the ship or its agent shall submit the Ballast Water Report to the local maritime administrative agency when handling the declaration for the port of entry of ships on international voyages (see attachment). 1). The report can be submitted in writing or by electronic data upload as required by the maritime administration.

When an accident or defect affecting the ability of ballast water management is found, the ship shall report to the local maritime management agency immediately after arriving at the anchorage or port.

Article 12

For the ballast water management system used by the ship, the design limit parameters of the system shall be suitable for the water environment in which it operates. The ballast water treated by the water-carrying management system shall not cause secondary pollution to the environment.

For ships that plan to use the port ballast water reception and treatment facilities as emergency measures for ballast water management, or plan to use the port ballast water reception and treatment facilities without installing the ballast water management system to meet the discharge standards of the Convention, the competent Inspection by the agency or its authorized ship inspection agency.

Article 13

The following ships with a length of less than 50 meters and a maximum ballast water capacity of not more than 8 cubic meters may apply to the maritime administrative agency where the port of registry is located for the equivalent of ballast water management:

(1) yachts used only for entertainment or competition;

(2) Ships mainly used for search and rescue.

Ships applying for equivalent compliance shall submit the following materials:

(a) Preventive measures to reduce ballast water transfer and introduction of harmful aquatic organisms and pathogens;

(2) The operation plan for regularly cleaning the ballast tank to remove sediment, including the implementation plan for the subsequent harmless disposal of the sediment.

Article 14

The ship's ballast water replacement, treatment or sediment disposal shall ensure the safety of the ship and personnel. In the event of an operation situation that affects the safety of the ship and personnel, the master shall suspend the operation of ballast water and sediments as appropriate, and record the situation and reasons. In the Ballast Water Record Book.

Article 15

Except for the following circumstances, ships shall not discharge or transfer ballast water and sediments mixed with other or regional ballast water, as well as untreated or substandard ballast water and sediments in the waters under the jurisdiction of my country.

(1) In an emergency, the necessary addition or discharge of ballast water and sediments to ensure the safety of the ship or the rescue of life at sea;

(2) Accidental discharge or entry of ballast water and sediment caused by damage to the ship or its equipment.

Article 16

If the untreated ballast water and sediment are discharged, the ship shall hand it over to a unit with the ability to receive and treat it.

The receiving and processing unit shall issue a ballast water or sediment receiving document (see Annex 2) to the ship after the receiving operation is completed, which shall be signed and confirmed by the master. The ship shall keep the receipt documents together with the Ballast Water Record Book. The reception and treatment of ballast water and sediments shall not cause secondary pollution to the ecological environment of the waters.

Article 17

Units engaged in the reception and treatment of ballast water or sediments shall be equipped with reception and treatment facilities that meet relevant technical standards. The water mobile ballast water or sediment receiving and processing facilities shall be inspected by the competent authority or its authorized ship inspection agency.

Chapter 4 Type Approval of Ballast Water Management System

Article 18

The BWMS Type Approval Certificate shall be issued by the Administration or its authorized ship inspection agency.

The ballast water management system using active substances shall obtain the final approval of the International Maritime Organization before issuing the type approval certificate; the ballast water management system not using active substances shall pass the safety and environmental inspection before issuing the type approval certificate. Acceptance assessment.

Article 19

The ballast water management system to be installed on Chinese ships shall apply to the competent authority or its authorized ship inspection agency for safety and environmental acceptability assessment review.

Article 20

For ballast water management systems using active substances, the system manufacturer shall submit application documents for preliminary approval and final approval to the International Maritime Organization through the Maritime Safety Administration of the People's Republic of China.

Article 21

The type approval test of ballast water management system carried out by the Administration or its authorized ship inspection agency shall comply with the requirements of the Convention and relevant regulations. During the test, no exotic aquatic organisms shall be introduced, and no living aquatic organisms exceeding the concentration specified in the Convention shall be discharged into the waters.

Chapter 5 Exemption from Ballast Water and Sediment Management

Article 22

Under one of the following circumstances, the ship or its agent may apply to the local branch maritime administration for exemption from ballast water and sediment management:

(1) Ships only navigating in waters designated by my country and other countries for mutual exemption of ballast water management;

(2) Vessels only sailing in the waters under the jurisdiction of my country and on the high seas;

(3) Ships using only potable water as ballast water;

(4) Unmanned barges;

(5) Specialized ships used for search, rescue and removal of ship pollutants.

Article 23

The materials that ships or their agents applying for exemption from ballast water and sediment management shall submit as required include:

(1) Photocopies of "Ship Nationality Certificate" and "Ship Registration Certificate" (applicable to foreign ships);

(2) A statement that ballast water and sediment management cannot be implemented in accordance with the Convention;

(3) Measures taken to minimize the introduction of ballast water and sediments into the transfer of harmful aquatic organisms and pathogens;

(4) A statement by the captain who promises to sail only in the exempted waters.

Article 24

For ships that meet the exemption conditions, the directly affiliated maritime administrative agency shall issue an "Exemption Certificate" (see Annex 3) for them and may grant an exemption period of not more than 5 years. Between the second and third years of the exemption period, the maritime administrative agency directly under the jurisdiction shall conduct a mid-term inspection of the ship's implementation of the exemption.

Article 25

The ship shall record the exemptions in the Ballast Water Record Book. An exempted ship shall not be mixed with ballast water and sediments outside the exempted waters.

Chapter VI Supervision and Management

Article 26

The maritime administrative agency conducts supervision and inspection on the management of ballast water and sediments of ships entering the waters under the jurisdiction of my country. The inspection contents include certificates and documents, the crew's familiarity with the operation of ballast water management, the operation of the ballast water management system and the ballast water management system. Reception and disposal of water and sediment, etc.

Ballast water sampling and testing may be carried out in accordance with the requirements of the Convention and relevant technical standards in the presence of one of the following circumstances:

(1) The certificates and documents related to ballast water and sediment management are lost, expired or invalid, and the content of the certificates and documents related to ballast water and sediment management is inconsistent with the actual situation;

(2) There is no designated crew member on board to be responsible for ballast water and sediment management, and the captain or designated crew members are not familiar with the duties or basic operations related to ballast water and sediment management, or fail to perform such operations;

(3) Failing to use the ballast water management system in accordance with the Ballast Water Management Plan or the operating instructions, and failing to report the accident or defect affecting the ship's ballast water and sediment management capabilities to the maritime management agency;

(4) Failing to discharge ballast water and sediments in accordance with the provisions of these Measures, failing to report the discharge of ballast water to the local maritime management agency, and failing to submit the Ballast Water Report Form to the local maritime management agency;

(5) The ship cannot provide evidence to prove that the management of the ship's ballast water and sediments complies with the exceptions or accidental discharges required by the Convention;

(6) The operation of the ballast water management system exceeds the design limit parameters of the system;

(7) Receive a third-party report or complaint that violates the provisions of the Convention or these Measures.

Article 27

For ships that violate the provisions of Article 26 of these Measures, if the maritime administrative agency finds that it does not meet the treatment standards of the Convention after quick sampling and testing, maritime law enforcement personnel shall take samples and send them to a laboratory qualified for ballast water testing for detailed testing. The test report with the laboratory seal issued by the laboratory can be used as the basis for the administrative law enforcement of the maritime administrative agency.

For maritime administrations that do not yet have the capability for rapid testing, maritime law enforcement officers can directly extract samples and send them to laboratories with ballast water testing qualifications for testing.

Article 28

Laboratories engaged in the testing of ship ballast water and sediments shall have metrological certification or certification by the China National Accreditation Service for Conformity Assessment, and their testing methods shall adopt testing standards.

Article 29

If maritime administrative law enforcement officers find that the ship violates the provisions of these Measures during the process of ship supervision and inspection, they shall deal with it in accordance with the provisions of relevant laws, regulations and rules.

Article 30

During the experience accumulation period of the Convention, the maritime administrative agency and other units entrusted by it may board the ship to take samples of ballast water or sediment for the purpose of testing, and the test results will not be used as the basis for taking measures against the ship in accordance with Article 29. .

For ships whose detection exceeds the requirements of the Convention, they are allowed to use the port ballast water reception and treatment facilities to dispose of ballast water.

In ports that do not yet have the capacity to receive and treat port ballast water, the maritime administrative agency shall allow ships to leave the waters under our jurisdiction to replace and treat the ballast water before entering the anchorage or port again.

Chapter VII Supplementary Provisions

Article 31

The meanings of the following terms in these Measures are:

(1) "Ballast water" means the water (including suspended solids) added to the ship for the purpose of controlling trim, heel, draught, stability or stress.

(2) "Sediment" means the sedimentary matter in the ballast water of the ship's tank containing ballast water.

(iii) "Ballast water management" means single or combined mechanical, physical, chemical and biological treatment methods to remove, harmlessly dispose of, avoid the addition or discharge of harmful aquatic organisms and pathogens from ballast water and sediments .

(4) "Operations related to ship's ballast water and sediment management" refers to the relevant activities such as type approval of ballast water management system, ballast water and sediment detection, ballast water and sediment reception and treatment, etc.

(5) "The Administration or its authorized ship inspection agency" means the flag State Administration or the ship inspection agency authorized by the Administration.

(6) "Ballast water reception and treatment" refers to the use of shore-based or mobile ballast water reception and treatment facilities in anchorage or port area waters to receive and process ballast water on board ships.