IMO Resolution on Ballast Water Convention
This Convention was adopted in 2004 and has a number of applicable dates, the first of which is 1 January 2009. According to the Convention vessels constructed (i.e. keel laid) from that date which have a ballast capacity of less than 5,000 cubic metres must be fitted with ballast water treatment systems. The next applicable date is 1 January 2012, when new vessels with a ballast capacity of 5000 cubic metres or more must be equipped with such systems.
There has been a good deal of concern among member states that the necessary treatment systems are not yet available and are unlikely to be available in sufficient quantity to meet the requirements of all those vessels that will be affected by the first applicable date. Taking into account the impediment that this has been to member states ratifying the Convention, at the 25th IMO Assembly in November the IMO Secretary General proposed a resolution allowing a postponement of applicable dates for those vessels constructed in 2009 and 2010.
After some considerable discussion it was agreed that vessels constructed in 2009 will be allowed to go until their second survey before they have to fit approved systems, providing they are fitted by 31 December 2011. Once the Convention enters into force vessels granted this period of grace will be required to perform ballast water exchange. The Resolution recommends that States ratifying the Convention accompany their instrument of ratification with a declaration of their intention to apply the Convention on this basis and that states which have already ratified make a similar declaration.
How to deal with vessels built in 2010 will be considered further by the MEPC at its fifty ninth session in July 2009.