Technical Circular No: 123/2020

Subject: DGS Circular No. 32 of 2020 Reg Ballast Water Convention

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1.Indian Administration has issued DGS Circular No. 32 of 2020 providing detailed requirements of Ballast Water Convention on Indian ships undertaking International voyages. This circular supersedes DGS Engineering Circular 02 of 2016 and its addendum.

2. All Indian ships plying internationally to which the Convention applies are required to comply with the Convention and are to be issued with a Statement of Compliance after an initial survey as required by Regulation E-1 of the BWM Convention.

3. The implementation schedule for compliance with the D-2 discharge standard is as follows;

• New ships constructed on or after 8 September 2017 shall comply with D-2 discharge standard on delivery.

• Existing ships (constructed prior 8 September 2017) shall comply with the D-2 discharge standard as under;

i. By the first IOPP renewal survey: this applies when the first renewal survey of the ship takes place on or after 8 September 2019; or

ii. By the first IOPP renewal survey after 8 September 2017: this applies when a renewal survey has been completed on or after 8 September 2014 but prior to 8 September 2017.

iii. By the second IOPP renewal survey after 8 September 2017: this applies if the first renewal survey after 8 September 2017 takes place before 8 September 2019. In this case, compliance must be by the second renewal survey (provided that the previous renewal survey has not been completed in the period between 8 September 2014 and 8 September 2017).

• An existing ship to which the IOPP renewal survey under MARPOL Annex I does not apply shall meet the D-2 discharge standard not later than 8 September 2024.

4. Implementation of Ballast water Convention on Indian ships plying internationally:
All ships to which BWM Convention applies are required to carry following;

a. A Statement of Compliance after an initial survey as required by Regulation E-1 of the BWM Convention.

b. A Ship Specific ballast water management plan approved by the Administration/Recognized Organizations in accordance with Guidelines for Ballast water Management and Development of Ballast Water Management Plans (G4) detailed in MEPC Resolution MEPC 127(53) as amended to include contingency measures vide Resolution MEPC 306(73). The "contingency measures" to take into account on “Guidance on contingency measures under the BWM Convention issued vide BWM .2lCirc.62.

c. A ballast water record book that may be an electronic record system in accordance with Regulation B-2 of the BWM convention.

d. Records of familiarization for Officers and crew with Ballast Water Management Plan and their duties in the implementation of Ballast Water Management particular to the ship on which they serve.

e. All Ballast water Management System (BWMS) installed on Indian Ships are required to be approved by Recognized Organization on behalf of Maritime Administration as follows;

i. Ballast water management systems installed on or after 28 October 2020 to be approved in accordance with the BWMS Code, as may be amended; and

ii. Ballast water management systems installed before 28 October 2020 are to have been approved in accordance with the BWMS Code or approved taking into account the 2016 G8 Guidelines adopted by resolution MEPC.279(70) or the Guidelines (G8) adopted by resolution MEPC.174(58).

iii. Additionally, Ballast water Management systems which make use of Active Substances or preparations containing one or more Active Substances to comply with BWM Convention are to be approved in accordance with G9 Guidelines (MEPC 169(57)).

iv. Installed means the contractual date of delivery of the BWMS to the ship or, in the absence of such a date, it refers to the actual date of delivery of the BWMS to the ship. Thus ship-owners/operators who had placed order on fitment of BWMS which were approved prior 28 October 2018 in accordance with resolution MEPC.174 (58), will be able to install such systems if it is evident from record that the contractual delivery date of the BWMS or, in the absence of such a date, the actual date of delivery of the BWMS to the ship is before 28 October 2020.

f. Commissioning Test:
An installed ballast water management system (BWMS) is required to undergo a commissioning test in accordance with BWM.2/circ.70 during the initial or additional survey as follows;

i. The commissioning test is to be carried out for BWMS that are installed on board applicable Indian Flagged Ships of 400GT and above after 08 September 2020. Applicable ships of less than 400GT may undergo the commissioning test voluntarily.

ii. The commissioning test is to be carried out to the satisfaction of the attending RO surveyor after a complete installation of the BWMS, and after all ballasting equipment (e.g. pumps and piping) has been fully tested as appropriate. The commissioning testing should be carried out in accordance with the Annex of BWM.2/Circ.70 - Guidance for the commissioning testing of ballast water management systems.

iii. Samples are to be taken in accordance with the Guidelines on ballast water sampling (G2), MEPC 173 (58) as may be amended. The ballast water samples collected for the commissioning test should be a representative sample, analyzed using at least an appropriate indicative analysis method selected from the list of indicative analysis methods listed in table 3 of BWM.2/Circ.42/Rev.1, as may be amended. The commissioning test is considered to be successful if the analysis indicates that the sample does not exceed the D-2 standard and the self-monitoring equipment of the BWMS indicates correct operation of all sensors and related equipment.

iv. A written report including methods and detailed results of the commissioning testing is to be provided to the attending RO surveyor for verification before a Statement of Compliance is issued. The report is to be provided to the Directorate General of Shipping for information.

v. The arrangement for conducting the test and any commercial dealings pertaining to the commissioning test must be between the shipowners/manager/shipyard/contractor and the manufacturer. The Administration does not carry out approval of any specific testing facility. The testing facility engaged to conduct the commissioning test is to be independent of the manufacturer of the BWMS and accepted by the RO which issues the Statement of Compliance for Ballast Water Management Convention.

vi. If the commissioning test cannot be successfully carried out due to the equipment's system design limitation, a short term IBWMC may be issued for a period of not more than three (3) months. This is to allow time for the commissioning test to be carried out to the satisfaction of the attending RO surveyor. No authorization from Directorate General of Shipping is required for such cases provided that the attending RO surveyor ensures the following:

a) reasons for the commissioning test not being completed successfully are recorded in the ballast water record book;

b) the attending RO surveyor is provided with arrangements for the commission test (e.g. date, time, location);

c) the ship's ballast water management plan (BWMP) has incorporated appropriate contingency measures in line with the “Amendments to the Guidelines for ballast water management and development of ballast water management plan (G4) (Resolution MEPC.306(73));

d) the ship's Master and the designated ballast water management officer are aware of the "Guidance on contingency measures under the BWM Convention", BWM'2/Circ. 62, as may be amended, in particular on the communication between the ship and the port State; and

e) the ship's Master and the designated ballast water management officer are aware of the reporting requirements to the competent port Authority as per regulation E- 1.7 of the BWM Convention when the vessel is calling a foreign port and shall comply with any additional requirements that the port State may impose.

f) If the commissioning test is not completed within the three (3) months of the short term IBWMC, the Directorate General of shipping approval for an extension is to be sought.

5. Electronic Ballast Water Record Book:

If an electronic Ballast Water Record Book is used, same is to be approved by the Administration and a declaration to this effect issued by the flag Administration is to be kept on board.

6. Implementation of Ballast Water Management System on Coastal Ships:

Noting that many Indian ships keep on shifting from Coastal to International Voyage and therefore to prevent Port State Detention, all Indian ships to which the Convention applies are required to comply with the provisions of the DGS Circular No. 32 of 2020 prior undertaking any International Voyage.

Any Indian ship requiring dispensation from fitment of BW Management System meeting D-2 compliance requirements till the time India ratifies the Convention and Rules prepared and implemented, are required to apply to the Competent Authority in the Directorate with an undertaking that during the period of dispensation the ship will always remain on Indian coast.

Enclosure:

Disclaimer:

This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority. 

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