Views expressed in this presentation are those of the author and should not be construed as necessarily reflecting the views of IMO or its Secretariat.

MODULE 4

Implementing the Ballast Water Management

Convention

1. Introduction to Ballast Water Management

3. Other International Conventions and Principles relevant to Ballast Water Management

2. The Ballast Water Management Convention and Guidelines

4. Implementing the Ballast Water Management Convention

5. Guide to Drafting a Ballast Water Management Act

MODULE 4

Module 4: Objectives

Identify key steps towards the legal implementation of the BWM Convention within the national context;

Review specific concerns regarding the implementation of the BWM Convention in the context of the national situation.

Inventory of existing legislation

Determine whether existing statutory provisions exist

Examine deficiencies

Constitutional concerns

Analysis of information

Steps in incorporating the BWM Convention into national legislation

Review nature of proposed legislation

Determine if main Act necessary or if subsidiary legislation sufficient

Where regulations possible

Key Steps to the Legal Implementation of the BWM

Convention

Source: commons.wikimedia.org

Model Legislation

What are the

potential benefits of adopting a

model legislation?

Model Legislation has been prepared for implementing BWM Convention into national law.

Practical Implementation of BWM Convention

Ballast Water Management Strategy

the flag State

the coastal State

the port State

Implications

the flag State

the coastal State

the port State

Key Areas

Policy framework and guidelines

Ballast Water Management Strategy

Compliance and Enforcement

Internal and external institutional framework

Administrative aspects

Deficiencies and barriers

Can you identify any deficiencies / barriers that may result in conflict?

Compliance and EnforcementReasons for failure

Insufficient monitoring

Inadequate reception facilities

Lack of scientific and technical expertise

Sub-standard port State control

Lack of coordination with adjacent and neighbouring countries

Country 1 2 3Australia Quarantine Inspection Services

Canada Transport

Cayman Islands Maritime Adm (MACI)

China Communications

India Surface Transport

Iran Port

Jamaica Maritime Auth (MAJ)

Malta Port

New Zealand Quarantine Biosecurity Maritime Safety

Oman Communications

Singapore Port

U.K. Maritime & Coastguard (MCA)

Responsibilities for Administering the Legislation

National Task Force / Inter-Ministerial

Committeesthe flag State

the coastal State

the port State

Capacity building

Judicial enforcement

Actions/proposals for Effective Implementation

Comments on actions/proposals?

Summary

• From the key steps presented, select 2 or 3 to describe the situation in your country

• What practical steps are necessary in your country for the legal implementation of the BWM Convention?

• In your country what are likely to be the main barriers for effective for the legal implementation of the BWM Convention?

ExerciseIn group, among countries