The UK Maritime & Coastguard Agency has published an update to MGN 675 (M+F) Amendment 2 The merchant shipping (control and management of ships’ ballast water and sediments) regulations 2022.
This notice provides important information on the UK’s implementation of the international convention for the control and management of ships’ ballast water and sediments 2004, which aims to address the spread of invasive non-native species by ballast water and sediments.
Three sections of the notice have been updated including Application; Definitions; and Ballast Water Record Book.
Application
2.1 Subject to paragraph 2.4 below, the Regulations apply to UK ships regardless of tonnage wherever they may be (regulation 4).
2.2 The Regulations also apply to non-UK ships when they are in UK waters and controlled waters (i.e. the UK’s Exclusive Economic Zone) (regulation 4).
2.3 It should be noted that the definition of a “ship” means a vessel of any type operating in the aquatic environment and includes submersibles, floating craft, floating platforms, floating storage units and floating production storage and offloading units.
2.4 The Regulations do not apply to:
- Ships which are not designed or constructed to carry ballast water;
- Ships which operate only in UK waters or controlled waters, or in UK waters or controlled waters and in the waters or exclusive economic zones of the Crown Dependencies, while such ships are in United Kingdom waters or controlled waters, provided the UK is satisfied that the discharge of ballast water from a ship would not impair or damage the environment, human health, property or resources within those areas or those of adjacent or other States. In practice, this means that the Regulations do not apply to ships that are operating solely between the UK and the Isle of Man.
- Ships which operate only in one of the areas described in the preceding point and on the high seas, provided the UK is satisfied that the discharge of ballast water from a ship would not impair or damage the environment, human health, property or resources within those areas or those of adjacent or other States;
- UK ships which operate solely in the waters of another Contracting State where that State has agreed that the ship is not subject to any requirements which implement the BWM Convention in that State;
- UK ships which operate only in one of the areas described in the preceding point and on the high seas, provided the UK is satisfied that the discharge of ballast water from a ship would not impair or damage the environment, human health, property or resources within those areas or those of adjacent or other States;
- Any warship, naval auxiliary or Government ship (as defined in the Merchant Shipping Act 1995).
- Ships which carry permanent ballast water in sealed tanks which is not subject to discharge.
2.5 The UK does not issue statements of non-applicability.
2.6 IMO Circular BWM.2/Circ.32 provides guidance on the applicability of the BWM Convention to hopper dredgers.
Ballast Water Record Book
7.1 Regulation 10 contains the requirements relating to the ballast water record book.
7.2 Every ship to which the Regulations apply must carry on board a ballast water record book which must be completed after every ballast water operation, the details of which can be found in section 5 of MSN 1908 (M+F) Amendment 3.
7.3 The ballast water record book may be in hard or electronic form and must be written in the working language of the ship’s personnel and translated into either English, French or Spanish if the working language is not one of these.
7.4 Each entry must be signed by the officer in charge of the relevant operation and each completed page must be signed by the master of the ship. If an electronic record book is used, the master of the ship must verify a group of electronic entries as soon as reasonably practicable.
7.5 The record book must be kept on board the relevant ship for a period of two years after the last entry has been made and then retained by the owner of the ship for a further period of three years.
7.6 The ballast water record book must be kept readily available for inspection at all reasonable times.
7.7 If an electronic record book is used it must be approved in line with Regulation 10A and section 5 of MSN 1908 (M+F) Amendment 3. It may be standalone or part of an integrated system.
Read the full notice: MGN 675 (M+F) Amendment 2 The merchant shipping (control and management of ships ballast water and sediments) regulations 2022