Ballast Water Management Convention (BWMC) Detainable Deficiencies

12 July 2018 |  C18032

Following one year from the entry into force of the BWMC, we wish to bring to your attention deficiencies that may constitute a potential reason to a ship’s detention.

Ship Owners/ Managers/ Operators/ Surveyors

In the instance of violation of the BWMC, a ship will be subject to the professional judgment of the Port State Control Officer (PSCO).  Specifically, the PSCO may take steps to warn, detain or exclude the ship or grant such a ship the permission to leave to discharge ballast water elsewhere or seek repairs.

Whether a particular deficiency amounts to a sufficiently serious violation of the BWMC, will be assessed by the PSCO based on its ability to be rectified, and their level of threat to the marine environment, human health, property or resources.

Deficiencies which are considered to be of such a serious nature insofar as they may warrant the detention of a ship include, but are not limited to:

  1. absence of an International Ballast Water Management Certificate (IBWMC);
  2. absence of a Ballast Water Management Plan (BWMP);
  3. absence of a Ballast Water Record Book (BWRB);
  4. indication that the ship or its equipment does not correspond substantially with the particulars of the IBWMC and BWMP;
  5. absence, serious deterioration or failure of proper operation of equipment required under the BWMP;
  6. the designated officers or crew are not familiar with essential ballast water management procedures including the operation of BWMS and all associated BWMS equipment;
  7. no ballast water management procedures have been implemented on board;
  8. no designated officer has been nominated;
  9. the ship has not complied with the BWMP for management and treatment of ballast water;
  10. result of non-compliance by sampling; or
  11. ballast water has been discharged other than in accordance

It must be stressed that the above remarks are non-exhaustive.

Act now

Ship Owners/ Managers/ Operators should take into consideration the abovementioned deficiencies ensuring that necessary actions will be taken, as appropriate, to avoid imminent detentions.

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