MEPC.387(81)？-？Interim？guidance？on？the？application？of？the？BWM？Convention？to？ships？operating？in？challenging？water？quality

MEPC 81/16/Add.1Annex 5,page 1ANNEX 5RESOLUTION MEPC.387(81)(adopted on 22 March 2024)INTERIM GUIDANCE ON THE APPLICATION OF THE BWM CONVENTION TO SHIPSOPERATING IN CHALLENGING WATER QUALITY CONDITIONSTHE MARINE ENVIRONMENT PROTECTION COMMITTEE,RECALLING Articles 38(a)and 38(b)of the Convention on the International MaritimeOrganization concerning the functions of the Marine Environment Protection Committeeconferred upon it by international conventions for the prevention and control of marine pollutionfrom ships,and its functions for considering appropriate measures to facilitate the enforcementof such conventions,RECALLING ALSO that resolution MEPC.290(71)established an experience-building phase(EBP)associated with the International Convention for the Control and Management of Ships'Ballast Water and Sediments,2004(BWM Convention),in order to identify aspects of thisConvention that are working well and to shed light on issues that require further attention,RECOGNIZING that properly installed,operated and maintained type-approved ballast watermanagement systems(BWMS)may effectively become temporarily inoperable in the variouschallenging water quality(CWQ)conditions that exist in a number of global ports and locations,CONCERNED that bypassing installed BWMS in CWQ,while sometimes necessary as a lastresort to pemit the continued operation of ports and ships,may contaminate ballast tanks andsediments with harmful aquatic organisms and pathogens that present substantial risks for theenvironment,human health,property and resources where ballast water is later discharged,EMPHASIZING its expectation that discharged ballast water meets the performance standardin regulation D-2 of the BWM Convention whenever the Convention requires this to be thecase,while recognizing the challenges currently faced by ships encountering CWQ in enclosedand semi-enclosed seas,DETERMINED to thoroughly address the issue of CWQ through the holistic review of theConvention under the experience-building phase(EBP),the scope of which includes the Codefor Approvalof Ballast Water Management Systems(BWMS Code,resolution MEPC.300(72))and the Guidelines for port State control under the BWM Convention (resolutionMEPC.252(67)),and avoid unintended consequences for ships already equipped with BWMS,CONSIDERING that,in the meantime,ships urgently need guidance on managing CWQ andretaining compliance with the D-2 performance standard in subsequent discharge operations,while also considering that Administrations,BWMS manufacturers and port States would alsobenefit from guidance on implementing their roles with respect to CWQ,ADOPTS the Interim guidance on the application of the BWM Convention to shipsoperating in challenging water quality,as set out in the annex to the present resolution;2REAFFIRMS the conditions for temporary non-penalization agreed in operativeparagraph 4 of resolution MEPC.290(71)relating to non-compliance of a ship with theperformance standard in regulation D-2 following