HOW TO DO IT? Challenges on the way towards ratification, proper implementation & enforcement

1. Seminar on Ballast Water Management and harmful Anti Fouling Systems, Astana, Kazakhstan, 2 - 4 December 2015 HOW TO DO IT? Challenges on the way towards ratification, proper implementation & enforcement T h e B W M C o n v e n t I o n ‘ 2 0 0 4 ANNA NATOVA, DIRECTOR OF PROJECT MANAGEMENT DIRECTORATE BULGARIAN PORTS INFRASTRUCTURE BUSINESS Co.

2. The BWM Convention – a challenge (How to do it?) • In May 2014 by an Order of the Minister of Transport, Information Technologies and Communications a Working Group was formed with the task to assess the possibilities for ratification of the BWM Convention by the Republic of Bulgaria • Participants of the WG and deadline - 6 months not enough. Deadline was extended.

3. The BWM Conv. ‘2004 – a challenge (HOW TO DO IT?) In force: 12 months after 30 states/ 35% worlds merchant shipping GT still NOT in force!?  Obviously there are some obstacles, due to which many countries restrain form the accession 15.Iran 16. Indonesia 17. Japan 18. Jordan 19.Kenya 20.Kiribati 21.Lebanon 22.Liberia 23. Malaysia 24.Maldives 25.Marocco 26.Marshall Islands 27.Mexico T h e B W M C o n v e n t I o n ‘ 2 0 0 4 28.Mongolia 29. Montenegro 30. Netherlands 31. Nigeria 32. Niue 33. Norway 34. Palau 35. Republic of Korea 36. Russia 37.Saint Kitts and Nevis 38.Sierra Leone 39.South Africa 40. Spain 41. Sweden 42. Switzerland 43. Syrian Arab Republic 44. Tonga 45. Trinidad and Tobago 46. Turkey 47. Tuvalu Albania Antigua and Barbuda Barbados Brazil Canada Congo Cook Islands Croatia Denmark Egypt France Gana Germany Georgia

4. The BWM Convention – a challenge (How to do it?) • The only text in the national legislation, directly concerning BWM issues, is laid down in the “Mandatory Regulations for the Maritime Ports of the Republic of Bulgaria” (Art. 48): • ships at birth and within BG ports are allowed to discharge segregated ballast only, after clearing inwards and producing a duly filled-in BWReporting Form(as per Res. А 868(20)). • Main national authority in charge of BWM issues: • Executive Agency Maritime Administration to the MTITC has the lead role as a National Competent Authority for control of ships, as well as a Flag Administration (MERCHANT SHIPPING CODE). • Closer co-operation still need to be established with some other authorities to ensure overall implementation of different activities, related to the BW management and control (Ministry of Environment and Waters - Regional Directorates of Environment and Waters; Ministry of Health - Regional Health Inspectorates; Ministry of Agriculture - Executive Agency of Fishing Resources, Institute of Fishing Resources; Bulgarian Academy of Sciences - Institute of Oceanology as well as stakeholders involved the Bulgarian Association of shipowners , the Bulgarian National Association of Shipbuilding and Shiprepair, the Bulgarian Shipping Registry, the Bulgarian Ports Infrastructure Business Co. ) T h e B W M C o n v e n t I o n ‘ 2 0 0 4

5. The BWM Convention – a challenge (How to do it?) • OBSTACLES for BG:Uncertainties expressed by the shipowners • Reg. B-3 “Ballast Water Management for ships” •  Fixed dates for compliance of ships with the requirement to manage their ballast waters by on-board treatment up to a certain performance standards • Convention not in force • WHEN shall be ships equipped with BWTSs? • Answer: Res.A.1088(28) on application of the BWM Convention • (i.e. NEW ships: on entry into force/ EXISTING ones –after 1st IOPPC renewal survey) • BWM.2/Circ.34/Rev.2, 24 May 2014 “List of BWMSs that make use of ASs which received Basic or Final Approval” • There is sufficient number of systems ready to be installed on board, but are they EFFICIENT enough to function properly in different conditions? • HOW to facilitate the Industry choice (considering also PRICES of BWTSs)? • HOW to test BWTSs & to issue a reliable Type Approval Certificate? • Are there any other ALTERNATIVES – practical & environmentally sound? • Answers: •  revision of IMO guidelines (G8 & G9) for type approval of BWTSs? •  Further studies and R&D to find more practical solutions (Art.6)? T h e B W M C o n v e n t I o n ‘ 2 0 0 4

6. The BWM Convention – a challenge (How to do it?) • OBSTACLES for BG:Uncertainties expressed by State as a Coastal State • Art. 5 “SEDIMENT Reception facilities” • ships required to deliver the sediments from their BW tanks to PRF to avoid the spread of aliens, survived there for years as cysts & spores • such facilities to be established “…in ports and terminals where cleaning and repair of BW tanks occur…” • HOW to choose appropriate places for adequate PRFs? (no undue delays) • HOW to grant permissions to such PRFs? (the G1-guide does not give detailed enough criteria) • Is there an obligation for providing RF to Ports where cleaning or repair of ballast tanks does not occur ? T h e B W M C o n v e n t I o n ‘ 2 0 0 4 • Shall Parties develop also PRFs for BALLAST WATER? • (thus some ships could be excluded from the requirement for BW treatment) • Answers: Need of clarification, i.e. • a comprehensive manual “BWMC ‘2004 – HOW to DO IT” with unified interpretations and more concrete guidelines

7. The BWM Convention – a challenge (How to do it?) • OBSTACLES for BG:Lack of experience • Art. 7 “Survey and certification” •  Parties shall ensure an approved BWM Plan & a BW Record Book provided on board, • crew familiar, ships’ equipment for BW management tested & type approved, • and shall issue IBWM Certificate. • HOW to test & type approve ships’ BWTSs? (concerns regarding EFFICIENCY of treatment) • Could the Type Approval Certificate of a BWTS /resp. ships’ IBWM Certificate/ • be a guarantee for the effective treatment up to D2-standard? • Answer: hopefully the revised G8-guidelines for approval of BWMSs • But still NEED of trainings for surveyors to improve knowledge on the variety of methods • for BW treatment and relevant on-shore & at sea tests T h e B W M C o n v e n t I o n ‘ 2 0 0 4

8. The BWM Convention – a challenge (How to do it?) • OBSTACLES for BG:Lack of experience • Arti. 9 “Inspection of Ships” • Parties shall conduct inspections for compliance with the BWM Convention • (check docs, crew familiarization, sampling) • but… without causing undue delay or detention and/or unfair imposition of sanctions • HOW to choose a ship for inspection? • HOW to proceed with NON-compliant vessels? • HOW to take a sample (indicative/ detailed) in a • quick & safe manner? • WHERE & HOW to analyze samples to obtain representative results? • NEED of common criteria for targeting ships for inspection. • NEED for more detailed guidance for Inspectors. • NEED for trainings – familiarization with different BWTSs, “Indicative” & “Detailed” sampling methods, practice. • NEED for standards for laboratories accreditation. • Answers: Hopefully the latest developed PSC-Guidance & Survey-Guidance under BWM Convention (MEPC 67). • Time needed to test different methods for BW sampling & analysis (ref.: BWM/Circ.42 “Guidance on ballast water sampling and analysis for TRIAL use in accordance with the BWM Convention and Guidelines (G2)”) the most reliable, simplest and less time-consuming methods could be applied world-wide as unified methods. T h e B W M C o n v e n t I o n ‘ 2 0 0 4

9. The BWM Convention – a challenge (How to do it?) • OBSTACLES for BG: • EXCLUSIONS &EXEMPTIONS • Art. 3 “Application” • Convention shall NOT apply to“ships of a Party which only operate in waters under the jurisdiction of that Party…” or“…another Party” (subject to explicit authorization for exclusion), but ONLY if the discharge of their ballast waters is considered as “…notimpairing or damaging the environment, human health, property or resources” • Reg. A-4 “Exemptions” • If the BWM Conv. enters into force after2016, exemptions from the requirements for ballast water treatment on board (reg. B-3) could only be granted (max 5 years) to those ships, that are“…on a voyage(s) between specified ports or locations…” or to ships which “…operate exclusively between specified ports or locations”. • Need of consultations & regional approach! •  Need of a comprehensive (regional) risk assessment • Need to establishment of commonclear criteria for exemptions T h e B W M C o n v e n t I o n ‘ 2 0 0 4

10. The way forward Environmental aspects of shipping – the BG experience • Position of Sweden and Cyprus • Following the „no favourable treatment” principle BULGARIA will ratify the BWM Convention within 12 month period before the day on which the Convention will enter in force

11. Thank you for your kind attention! T h e B W M C o n v e n t I o n ‘ 2 0 0 4