Revoked by A.1088(28)
Resolution
A.1005(25)
APPLICATION OF THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF
SHIPS BALLAST WATER AND SEDIMENTS, 2004
(Adopted on 29 November 2007)
THE
ASSEMBLY,
RECALLING
Article 15(j) of the Convention on the International Maritime Organization
concerning the functions of the Assembly in relation to regulations and
guidelines concerning maritime safety and the prevention and control of marine
pollution from ships,
RECALLING
ALSO the adoption by the International Conference on Ballast Water Management
for Ships, held at the Organizations Headquarters in 2004, of the
International Convention for the Control and Management of Ships Ballast Water
and Sediments (hereinafter referred to as "the Convention"),
RECALLING
FURTHER Article 2, paragraph 4 of the Convention, which requires Parties to
endeavour to co-operate for the purpose of effective implementation, compliance
and enforcement of the Convention,
DESIRING
to ensure that the Convention enters into force without further delay so that
the marine environment benefits, as soon as possible, from its wide and
effective implementation,
BEING
CONSCIOUS of the need to provide certainty and confidence in the application of
the Convention, thereby assisting shipping companies, ship owners, managers and
operators, as well as the shipbuilding and equipment manufacturing industries,
in the timely planning of their operations,
RECOGNIZING
that, regarding the development of ballast water treatment technologies, there
are uncertainties as to whether type-approved technologies would be immediately
available for all ships subject to regulation B-3.3 and that, therefore, in
order to address the ships to which this regulation would apply first, this
resolution provides an understanding only for those ships constructed in 2009,
RECOGNIZING
ALSO that ships subject to regulation B-3.3 constructed in 2009 should not be
subject to enforcement of the requirements of that regulation if type-approved
technology is not immediately available to achieve the D-2 standard set forth
in the Convention,
NOTING
that Article 18 of the Convention prescribes the conditions for entry into
force, and until those conditions are met, the Convention itself cannot be enforced
upon any ships,
1.
CALLS ON States which have not yet done so to ratify, accept, approve or accede
to the Convention as soon as possible;
2.
RECOMMENDS that States henceforth ratifying, accepting, approving or acceding
to the Convention should accompany their instrument of ratification,
acceptance, approval or accession, as appropriate, with a declaration or
otherwise communicate to the Secretary-General their intention to apply the
Convention on the basis of the following understanding, also taking into
account paragraph 3:
"A ship
subject to regulation B-3.3 constructed in 2009 will not be required to comply
with regulation D-2 until its second annual survey, but no later than 31
December 2011."
3.
RECOMMENDS ALSO that, following the entry into force of the Convention, Parties
to the Convention should ensure that ships affected by the understanding
described in paragraph 2 comply with either regulation D-1 or D-2 until such
time as regulation D-2 is enforced;
4.
RECOMMENDS FURTHER that, at their earliest convenience, Contracting States to
the Convention should make the above-mentioned declaration or otherwise notify
the Secretary-General of their intention to apply the Convention in accordance
with the understanding contained in paragraph 2;
5.
REQUESTS the Secretary-General to inform all Member States, Contracting States,
and Parties to the Convention which may not be Members of the Organization, of
any declarations or communications received from States pursuant to this
resolution;
6.
REQUESTS the Marine Environment Protection Committee to:
.1 keep this
resolution under review;
.2 revise or
withdraw the recommendations in paragraphs 2, 3 and 4 as appropriate;
.3 review, not
later than at its fifty-eighth session, in particular, the issue of a ship
subject to regulation B-3.3