Abstract
The paper analyses statutory foundations applicable to ships requiring to be exempted from the mandatory installation of the ballast water management system. In particular, it deals with ships sailing on regular international lines but within the semi-closed seas, such as the Adriatic Sea. The legal framework is set out in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM, 2004), the IMO Guidelines for Risk Assessment A-4 (G7), and the Croatian Ordinance on Ballast Water Control and Management, 2012 [Pravilnik o upravljanju i nadzoru balastnih voda]. The paper presents the model procedure to be followed by main stakeholders, mainly national maritime administrations and shipping companies. The paper outlines the main advantages and disadvantages of the whole process and analyses several cases of good practice. Furthermore, the main stakeholders in the approval procedure and their responsibilities are described, available risk assessment models are analysed, with the particular emphasis on the species-specific risk assessment method as the most preferred method. Finally, the need for cooperation between the involved states and their maritime administrations is considered. It is concluded that bilateral and regional cooperations are an essential element in preserving the marine environment of any sea area. In that respect, the proposed model of the BWM system exemption approval in closed and semi-closed seas, such as the Adriatic Sea, is essential for shipping companies connecting ports in different countries on regular routes. Although demanding in respect of efforts and time, a procedure is viable and may be carried out in due time and with satisfactory outcomes.
Highlights
In recent years, mainly due to the globalisation and human activities related to the sea, such as maritime transport, fish farming and fishery, a significant introduction of non-indigenous species (NIS) into the marine environment is recorded [4, 29]
As stipulated in the Rule A-4 of the BWM Convention, ships that are assessed as presenting a low risk to the environment might be exempted from the installation of the ballast water management system (BWMS)
The exemption may be approved only following the risk assessment performed according to the Risk Assessment Guidelines (G7) and provided that the ship does not mix ballast water and sediments with ballast water and sediments taken in another area or port [17]
Summary
Mainly due to the globalisation and human activities related to the sea, such as maritime transport, fish farming and fishery, a significant introduction of non-indigenous species (NIS) into the marine environment is recorded [4, 29]. Of the six states with access to the Adriatic Sea, three states have already ratified the BWM Convention: Albania in 2008, Croatia in 2010 and Montenegro in 2011; Montenegro [18] and Croatia adopted their national legislations harmonised with the BWM Convention; and Croatia adopted further national by-laws [17] It has not ratified the BWM Convention, enacted the Minister’s Regulation on Establishing Administrative Procedures Related to Approving the Ballast Water Management System [23]. As stipulated in the Rule A-4 of the BWM Convention, ships that are assessed as presenting a low risk to the environment might be exempted from the installation of the ballast water management system (BWMS). This paper proposes a procedure for issuing BWMS exemption to be followed by all stakeholders namely ships sailing on regular lines, within the semi-closed seas, such as the Adriatic Sea
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