RESOLUTION MEPC.325(75) AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST WATER AND SEDIMENTS, 2004
Amendments to Rule E-1 and Appendix I
(Commissioning tests of ballast water management systems and International Ballast Water Management Certificate model)
The Committee for the Protection of the Marine Environment,
Recalling article 38 a) of the Constitutive Convention of the International Maritime Organization, article that deals with the functions of the Committee for the Protection of the Marine Environment conferred by the international conventions related to the prevention and containment of marine pollution caused by ships,
Recalling also Article 19 of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWM Convention), which stipulates the amendment procedure and is vested in the Marine Environment Protection Committee of the Organization the function of examining the amendments to said convention for their adoption by the Parties,
Having considered, at its 75th Session, the proposed amendments to the BWM Convention on Commissioning Testing of Ballast Water Management Systems and the Model International Ballast Water Management Certificate,
1. Adopts, in accordance with the provisions of article 19(2)(c) of the BWM Convention, amendments to regulation E-1 and appendix I;
2. Determines, in accordance with the provisions of article 19 2) e) ii) of the BWM Convention, that the amendments will be considered accepted on December 1, 2021 unless, before that date, more than one third of the Parties have notified the Secretary General that they reject the amendments;
3. Invites Parties to note that, in accordance with Article 19(2)(f)(ii) of the BWM Convention, the above amendments will enter into force on June 1, 2022 upon acceptance in accordance with the provisions of paragraph 2;
4. Also invite Parties to consider, as soon as possible, the application of the amendments to regulation E-1 on commissioning tests to ships entitled to fly their respective flags, taking into account the "Guidance for commissioning tests of ballast water management systems” (BWM.2/Circ.70/Rev.1), as amended;
5. Resolves that the analysis that is carried out in the context of the commissioning tests will be indicative;
6. Requests the Secretary-General, for the purposes of article 19(2)(d) of the BWM Convention, to transmit certified copies of this resolution and the text of the amendments contained in the annex to all Parties to the BWM Convention;
7. Also requests the Secretary-General to transmit copies of this resolution and its annex to Members of the Organization that are not Parties to the BWM Convention;
8. Further requests the Secretary General to prepare the consolidated certified text of the BWM Convention.
ANNEXED
Amendments to the International Convention for the Control and Management of Ships' Ballast Water and Sediments
Set E-1
Accolades
1. Paragraph 1.1 is replaced by the following:
.1 an initial survey of the ship coming into service or first issue of the Certificate required by regulations E-2 or E-3. It is recognized that the ballast water management plan required in regulation B-1 and the associated structure, equipment, systems, appurtenances, media and materials or procedures are in full compliance with the requirements of this convention. In said recognition to confirm that a commissioning test has been carried out to validate the installation of the entire ballast water management system in order to demonstrate the proper functioning of its mechanical, physical, chemical and biological processes, taking into account the guidelines developed by the Organization.
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2. Paragraph 1.5 is replaced by the following:
.5 to carry out additional survey, either general or partial, depending on the circumstances, after major modification, replacement or repair to structure, equipment, systems, appurtenances, facilities and materials , necessary to achieve full compliance with this agreement. The survey shall be such as to ensure that such major modification, replacement or repair has actually been carried out to bring the ship into compliance with the requirements of this Convention. When carrying out an additional survey for the installation of the water management system, in said survey confirm that a commissioning test has been carried out to validate the installation of the system in order to demonstrate the proper functioning of its mechanical, physical, chemical and biological processes, taking into account the guidelines developed by the organization.
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