The Annex of this document is stored in Rulefinder as a code under the title “
BWMS
Code - Code For Approval of Ballast Water Management Systems”.
RECALLING Article 38(a) of the Convention on the International Maritime Organization
concerning the functions of the Marine Environment Protection Committee conferred
upon it by international conventions for the prevention and control of marine
pollution from ships,
NOTING that regulation D-3 of the Annex to the International Convention for the
Control and Management of Ships' Ballast Water and Sediments, 2004 (the BWM
Convention), provides that ballast water management systems used to
comply with the Convention must be approved by the Administration,
NOTING ALSO that it adopted, by resolution MEPC.125(53), Guidelines for approval of ballast water management
systems (Guidelines (G8)), and by resolutions MEPC.174(58) and MEPC.279(70) revisions thereof,
DESIRING to make the Guidelines (G8) mandatory under the BWM
Convention in the form of a code for approval of ballast water management
systems,
NOTING resolution MEPC.296(72), by which it adopted amendments to regulations A-1 and D-3
of the BWM
Convention to make the provisions of the Code for Approval of Ballast
Water Management Systems referred to above mandatory,
RECALLING that it agreed, at its sixty-eighth session, to provisions for
non-penalization of early movers that have installed ballast water management
systems approved taking into account resolutions MEPC.125(53) and MEPC.174(58), as contained in the Roadmap for the implementation of the
BWM
Convention,
BEARING IN MIND the Organization's established practice with regard to the validity
of type approval certification for marine products (MSC.1/Circ.1221), which is that the Type Approval Certificate itself has
no influence on the operational validity of existing ballast water management
systems approved and installed on board a ship and manufactured during the period of
validity of the relevant Type Approval Certificate, meaning that the system need not
be renewed or replaced due to expiration of such Certificate,
HAVING CONSIDERED, at its seventy-second session, the draft Code for Approval of
Ballast Water Management Systems,
1 ADOPTS the Code for Approval of Ballast Water Management Systems (BWMS
Code), as set out in the annex to the present resolution;
2 INVITES Parties to the BWM Convention to note that the BWMS Code will take effect on
13 October 2019 upon entry into force of the associated amendments to the BWM
Convention;
3 AGREES to keep the BWMS Code under review in the light of experience gained with
its application and to amend it as necessary;
4 DECIDES that ballast water management systems approved not later than 28 October
2018, taking into account the Guidelines (G8) adopted by resolution MEPC.174(58), may be installed on board ships before 28 October 2020;
5 RESOLVES that, for the purpose of operative paragraph 4 of this resolution, the
word "installed" means the contractual date of delivery of the ballast water
management system to the ship. In the absence of such a date, the word "installed"
means the actual date of delivery of the ballast water management system to the
ship;
6 RESOLVES that references to the Guidelines (G8) and 2016 Guidelines (G8) in
existing IMO instruments should be read to mean references to the BWMS Code;
7 AGREES that the dates referenced in this resolution will be considered in any
reviews carried out in accordance with regulation D-5 of the BWM
Convention, to determine whether a sufficient number of appropriate
technologies are approved and available;
8 RESOLVES to revoke the 2016 Guidelines for approval of ballast water management
systems (G8) adopted by resolution MEPC.279(70) when the BWMS Code takes effect;
9 REQUESTS the Secretary-General to transmit certified copies of the present
resolution and the text of the BWMS Code contained in the annex to all Parties to
the BWM
Convention;
10 REQUESTS FURTHER the Secretary-General to transmit copies of the present
resolution and the text of the BWMS Code contained in the annex to the Members of
the Organization which are not Parties to the BWM
Convention.