Implementing Regulation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM)

Chapter 1: General Provisions

Article (1): Definitions

  • 1. Maritime Authority: The Transport General Authority or its delegate to perform any work on its behalf.

  • 2. Organization: The International Maritime Organization (IMO).

  • 3. Regulation: The Implementing Regulation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004.

  • 4. Marine Inspector: The employee specialized in the inspection of ships.

  • 5. Maritime Authority Surveyor: The employee officially authorized by the Maritime Authority to inspect and issue the necessary certificates for ships flying the Saudi flag.

  • 6. Agreement: The International Convention for the Control and Management of Ships' Ballast Water (Stability) and Sediments, 2004.

  • 7. Ship: Any maritime facility prepared for regular maritime navigation, including submersible units, floating boats, floating platforms, floating storage units, and floating production and discharge units.

  • 8. Certificate: The International Certificate for the Control and Management of Ballast Water, 2004.

  • 9. Ballast Water Management Record: A record on board the ship that includes all data and information related to ballast water management.

  • 10. Company: The owner of the ship or any person managing the ship as a charterer or co-manager or any other person responsible for managing the ship and carrying out its duties.

  • 11. Anniversary: The day and month of each year that correspond to the expiration date of the certificate.

  • 12. Relevant Authorities: Governmental and non-governmental entities in the Kingdom of Saudi Arabia responsible for implementing the requirements of the agreement.

  • 13. Gross Tonnage: The gross tonnage of the ship according to the provisions of the International Convention on Tonnage Measurement of Ships, 1969.

  • 14. Ballast Water: The water and the materials suspended in it carried on board the ship to control stability, trim, draft, and balance or stresses of the ship.

  • 15. Sediments: The materials deposited from ballast water in the ship.

  • 16. Ballast Water Management: The mechanical, physical, chemical, and biological processes, individually or combined, aimed at removing harmful aquatic organisms and pathogens present in ballast water and its sediments or making them harmless or avoiding their transport or discharge.

  • 17. Ballast Water Quality Standard: The standard stipulated in Regulation (D/2) and subsequent provisions of the agreement, under which this standard is approved by the Maritime Authority.

  • 18. Harmful Aquatic Organisms and Pathogens: Aquatic organisms or pathogens that may pose risks to the environment, human health, property, or resources, or may disrupt biodiversity or interfere with other legitimate uses of these areas if introduced into the seas.

  • 19. Ballast Water Management Systems Code: The code for the approval of ballast water management systems adopted by the organization by the decision of the Marine Environment Protection Committee No. (MEPC 300 (72) dated April 13, 2018, and any amendments that may come into effect, referred to as the Code.

  • 20. Active Substance: Any substance or living organism, including viruses or fungi, that may have a general or specific effect on harmful aquatic organisms and pathogens or against them.

  • 21. Ballast Water Management Systems: Any system that treats ballast water in a manner that meets at least the approved ballast water quality standard according to the agreement and includes any equipment for treating ballast water and all related control devices and piping arrangements as determined by the manufacturer, monitoring equipment, and sampling arrangements, excluding the equipment specific to ballast water on ships which may include piping, valves, pumps, etc., as required if the system is not installed on the ship.

  • 22. Ballast Water Management Plan: The plan referred to in Regulation B-1 of the agreement that describes the ballast water management process and procedures implemented on board each ship.

  • 23. Monitoring and Control Devices: The devices installed to operate the ballast water management system effectively and assess its operational effectiveness.

  • 24. Overall Capacity: The total volumetric capacity of any tanks, spaces, or compartments on the ship used for transporting, loading, or discharging ballast water, including any multi-use tanks or compartments designed for transporting ballast water.

  • 25. Testing: A series of consecutive tests conducted according to applicable procedures.

  • 26. Test Cycle: A repeated testing process that includes water sampling, treatment, retention, and discharge as necessary, based on a specific set of requirements used to verify the ability of a system to manage ballast water in accordance with specified standards.

  • 27. Successful Test Cycle: A test cycle conducted according to procedures that demonstrates that the ballast water management system operates according to specifications and that the treated water meets the approved ballast water quality standard.

  • 28. Invalid Test Cycle: A test cycle conducted according to technical procedures that shows that the ballast water management system produced water that does not meet the approved standards according to the provisions of the agreement, and the invalid test cycle concludes the required series of consecutive tests and the necessary testing.

  • 29. Non-compliant Tests: A test cycle that, due to circumstances beyond the control of the ballast water management system, does not meet the conditions of the test cycle according to procedures and is non-compliant with the procedures and does not constitute the end of the test, allowing the test to continue.

  • 30. Land-based Tests: Testing of the ballast water management system conducted in a laboratory, equipment manufacturing facility, or experimental facility, including any ship or marine unit for testing to confirm that the system meets the approved ballast water quality standard under the provisions of the agreement.

  • 31. Onboard Tests: Extensive tests conducted on the ballast water management system installed on the ship to verify that the ballast water management system meets the standards stipulated in the annex of the agreement.

  • 32. Main Components: The components that directly affect the system's ability to meet the approved ballast water quality standards.

  • 33. Indicative Sampling: Sampling that represents the relative concentrations of chemicals and the numbers and composition of organisms (living organisms) in an integrated manner without violating the guidelines issued by the organization.

  • 34. Sediment Management: The mechanical, physical, chemical, and biological processes, individually or combined, aimed at removing the materials deposited from ballast water in the ship.

Article 2: Purpose of the Regulation

  • The purpose of this regulation is to establish a regulatory framework for the requirements of controlling and managing ballast water on ships and combating marine pollution resulting from the discharge of ballast water in marine areas, as well as the mechanism for implementing this.

Article 3: Application

  • 1. The provisions of this Regulation apply to all ships flying the Saudi flag wherever they may be found.

  • 2. The provisions of this Regulation apply to foreign ships that arrive at the ports of the Kingdom and operate within the maritime areas of the Kingdom.

  • 3. The Agreement and its amendments, the Code, and the decisions of the Organization that have come into effect are complementary and supplementary to the provisions of this Regulation.

  • 4. Each relevant authority shall establish the executive mechanisms for this Regulation and the Agreement for which there is no detailed provision.

Article 4: Exceptions

  • This Regulation does not apply to:

    • 1. Warships or military supply ships or those operated by the state for non-commercial public purposes, provided that these ships comply with approved standards consistent with the provisions of this Regulation.

    • 2. Ships that are not designed or built to carry ballast water.

    • 3. The maritime authority may exempt Saudi ships that operate only within the territorial waters of the Kingdom, provided that their operation does not harm the marine environment, human health, property, or any natural resources.

    • 4. Ships that carry ballast water permanently in sealed tanks and are not subject to discharge.

Article 5: General Obligations

  • 1. The relevant authorities undertake to implement the requirements of this Regulation or Agreement in order to prevent the transfer of harmful aquatic species and harmful pathogens or to minimize them as much as possible, and to cooperate and coordinate with each other to achieve this.

  • 2. The relevant authorities strive individually or collectively to achieve the following:

    • A- Encourage and facilitate scientific and technical research related to ballast water management.

    • B- Monitor the impacts resulting from ballast water management in the waters of the Kingdom, including sampling and identifying the negative effects caused by harmful aquatic species or pathogens.

  • 3. No provision of this Regulation shall be interpreted as limiting the powers of any of the relevant authorities or preventing them from fulfilling their obligations or performing their duties under the Agreement or any other applicable texts in the Kingdom.

  • 4. Nothing in this article may be interpreted as restricting the rights and other obligations of the competent authority for port state control or coastal state control.

  • 5. The relevant authorities undertake to cooperate with each other to take the necessary measures under the Agreement and the Regulation to prevent or minimize the effects of marine pollution from ballast water, as well as to continue improving ballast water management systems and developing standards for harmful aquatic species and pathogens, and adopting these systems, and providing appropriate technical assistance and guidance that encourages the effective implementation of the Agreement and the Regulation.

  • 6. The relevant authorities cooperate with each other by exchanging useful scientific and technological information for each of them or that is effective in ballast water management.

  • 7. The maritime authority, in coordination with the relevant authorities, undertakes to inform the organization of the necessary information related to ballast water management or its sediments and reception facilities.

Article 6: Breach of the Agreement and Investigation of Incidents

  • 1. All ships are prohibited from violating the requirements of the Agreement and the provisions of this Implementing Regulation.

  • 2. Ship captains are obligated to report any pollutants discovered within the maritime areas of the state, whether they originate from their own vessel or any other vessel.

  • 3. Investigations into maritime incidents related to the provisions of the Agreement shall be conducted by the relevant authorities, taking into account the guidelines issued by the organization and without prejudice to the relevant provisions and rules contained in international codes and related domestic texts.

  • 4. Coordination and cooperation among the relevant authorities shall be established to collect and preserve evidence related to the maritime incident, and necessary measures shall be taken to minimize the unjustified detention of vessels.

  • 5. If the investigation results in a finding that the vessel has violated the requirements of the Regulation or the Agreement, the vessel shall be informed of the investigation's outcome, and necessary actions shall be taken to prevent the vessel from sailing if justified.

Article 7: Obligations of the Ship Operating Company

  • 1. The company is obligated to prepare the vessel subject to this Regulation and equip it with the necessary equipment, arrangements, and systems to ensure that the vessel remains seaworthy without posing a threat to the marine environment and to carry out the services assigned to it related to the Regulation.

  • 2. All crew members of the vessel must be aware of their duties regarding the implementation of ballast water management related to the vessels they serve.

  • 3. Prepare a ballast water management plan and keep it on board the vessel and implement it at all times, taking into account the following:

    • A- The plan must be approved by the maritime authority for Saudi and foreign vessels operating in the marine areas of the Kingdom.

    • B- The plan must include details related to the safety measures for the vessel and crew concerning ballast water management and the measures to be taken to implement its requirements and protect the environment as outlined in the Agreement, as well as details regarding the measures related to the discharge of sediments at sea or on land.

    • C- The plan must include the appointment of the officer responsible for implementing the plan and the appropriate reporting responsibilities and procedures.

    • D- The plan must be written in the working language of the vessel and translated into English.

  • 4- Each vessel must have a ballast water management record in accordance with Regulation B-2 of the Annex to the Agreement, and this record may be part of another record on the vessel, taking into account the following:

    • A- All data related to ballast water management on the vessel must be recorded in this record in accordance with this Regulation and the Agreement, considering any decisions issued by the organization and any guidelines established by the organization regarding this matter.

    • B- The ballast water record must be kept on board the vessel for no less than two years after the last entry, and then it must be retained by the company for no less than three years.

    • C- In the case where the vessel is without crew and under tow, it may be kept on the towing vessel.

    • D- The record must be available for inspection and monitoring at any time by the relevant authorities.

  • 5- The company is obligated to implement the regulations and executive mechanisms established by the relevant authorities regarding the implementation of the provisions of this Regulation and the Agreement.

Article 8: Exemptions, Exceptions, and Equivalent Alternatives

  • 1. The maritime authority may grant a specific vessel exemptions or exceptions from certain requirements in accordance with the provisions of the Agreement and its annexes, taking into account the guidelines issued by the organization and the regulations and decisions established by the Kingdom in this regard, provided that these exemptions or exceptions do not compromise the protection of the marine environment or the safety of lives or property.

  • 2. The exemptions or exceptions shall be recorded in the ballast water management record of the vessel.

  • 3. The maritime authority, in coordination with the relevant authority, may determine the equivalent alternative for recreational vessels or search and rescue vessels that are less than fifty meters in length and have a maximum ballast water capacity of eight cubic meters on board.

Article 9: Inspections

  • 1- All ships with a gross tonnage of 400 tons or more (excluding floating platforms, floating storage units, and floating production and storage units) are subject to the following:

    • A- An initial inspection before the ship enters service, and before issuing the required attesting certificate under this regulation for the first time, which includes an inspection of the ballast water management plan and all related structures, equipment, arrangements, and materials concerning everything covered by this regulation. This inspection should be conducted in a manner that ensures the ship's compliance with the requirements of this regulation.

    • B- A renewal inspection at intervals determined by the maritime authority, not exceeding five years, provided that the renewal inspection is conducted in a manner that ensures the ballast water management plan, structure, equipment, systems, arrangements, and materials are in full compliance with the applicable requirements of the agreement.

    • ت- An intermediate inspection within 3 months before or after the second anniversary date or within 3 months before or after the third anniversary date of the certificate. The intermediate inspection may replace one of the annual inspections mentioned in paragraph (1.4) of this article, and it must be conducted in a manner that ensures the equipment, systems, and processes related to ballast water management are in full compliance with the relevant conditions set forth in this regulation and are functioning properly. This intermediate inspection shall be recorded in the certificate issued under Article (10).

    • ث- An annual inspection within 3 months before or after each anniversary date of the certificate, which includes a general examination of the structure, equipment, systems, arrangements, and the ballast water management plan to ensure the ship's compliance with the requirements of this regulation and that it remains in good condition. This annual inspection shall be recorded on the certificate.

    • C- An additional general or partial inspection shall be conducted as circumstances require in the event of an accident or repair of a defect or similar, ensuring the ship's continued compliance with the requirements of the regulation.

    • H- The maritime authority shall determine appropriate measures regarding ships that are not subject to the provisions of paragraph (1) of this article to ensure their compliance with the applicable requirements of this regulation.

  • 2. The maritime authority's inspector shall conduct inspections of the ships in accordance with the provisions of the agreement and the regulation, and the maritime authority may delegate inspection experts appointed for this purpose or classification bodies that it recognizes. The maritime authority has the right to verify the effectiveness of all required inspections.

  • 3. When the inspector appointed by the maritime authority or the recognized classification body determines that the condition of the ship or its equipment does not substantially match the details of the certificate or that the ship is unfit for sailing without posing a threat or harm to the marine environment, the inspector or organization must ensure that corrective actions are taken immediately and notify the maritime authority in a timely manner. In the event that this corrective action is not taken, the certificate shall be revoked, and the maritime authority shall be notified immediately. If the ship is in the port of another party, the relevant authorities in the port state shall also be notified immediately.

  • 4. After completing any inspection of the ship under this article, no substantial changes may be made to its structure, equipment, arrangements, or materials covered by the inspection without prior approval from the maritime authority, unless it pertains to the complete replacement of such equipment or arrangements.

  • 5. After conducting the inspections, the operating company may not make any changes to the structure, equipment, installations, plans, or anything related to ballast water management without the approval of the maritime authority, except for the direct replacement of such equipment and installations.

  • 6. The condition of the ship and its equipment must be maintained, and all equipment and arrangements must be kept in a manner that ensures the ship remains seaworthy and meets the requirements of the agreement or regulation throughout the duration of the certificate.

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