E MARINE ENVIRONMENT PROTECTION COMMITTEE 70th session Agenda item 4 MEPC 70/4/17 19 August 2016 Original: ENGLISH HARMFUL AQUATIC ORGANISMS IN BALLAST WATER Proposal for revision of the draft MEPC resolution on Determination of the date referred to in regulation B-3, as amended, of the BWM Convention Submitted by Liberia SUMMARY Executive summary: This document provides additional information on the retrofitting market following consideration of the recommended revised application schedule adopted by resolution A.1088(28), together with the actual efficacy of extended ballast water exchange, proposed in document MEPC 69/4/13. The document also proposes a possible revision to the draft MEPC resolution on Determination of the date referred to in regulation B-3, as amended, of the BWM Convention Strategic direction: 2 High-level action: 2.0.1 Output: No related provisions Action to be taken: Paragraph 31 Related documents: Resolution A.1088(28); MEPC 68/2/18, MEPC 68/21; MEPC 69/4/13 and MEPC 69/WP.8 Introduction 1 Liberia submitted document MEPC 69/4/13, which proposed a possible additional revision to regulation B-3 of the BWM Convention to provide a fundamental solution to the concerns of retrofitting ballast water management systems (BWMS) to comply with the standard described in regulation D-2 of the Convention. 2 In document MEPC 69/4/13, Liberia concluded that even with the recommended relaxation of regulation B-3 adopted by resolution A.1088(28), a significant peak demand for retrofitting BWMS in 2020 is anticipated. Liberia considered that the global dockyard capacity is likely to fall well short of the peak demand.
Page 2 3 In document MEPC 69/4/13, Liberia also pointed out actual examples on technological difficulties in retrofitting BWMS. Such difficulties impose limitations on shipowners when selecting BWMS for retrofitting. It should be noted that with such technological limitations for installation, the "robustness" of the biological efficacy may be compromised. Reduced "robustness" caused by worldwide operational conditions has already been recognized during the discussion for "non-penalization" at MEPC 68. Therefore, Liberia considers that it is crucial to provide practical solutions for shipowners of existing ships when selecting BWMS to meet the standard described in regulation D-2. 4 At MEPC 69, although there was support on the issues described above, the Committee agreed not to consider the proposal any further at that session, however, noted that the delegation of Liberia intended to submit further information in a more detailed proposal to a future session of MEPC and invited other interested delegations to do the same. 5 At MEPC 69, the Committee also approved draft amendments to regulation B-3 of the BWM Convention, as set out in annex 4 to document MEPC 69/21/Add.1, and a draft MEPC resolution on Determination of the date referred to in regulation B-3, as amended, of the BWM Convention, as set out in annex 5 to document MEPC 69/21/Add.1, and instructed the Secretariat to keep the draft amendments in abeyance for circulation immediately upon entry into force of the Convention, with a view to adoption, together with the aforementioned MEPC resolution. 6 During discussions at MEPC 69, Liberia recognized that there were comments and concerns on the conclusion in document MEPC 69/4/13 with regard to:.1 information on shortage of the dockyard capacity in 2020; and.2 efficacy of extended ballast water exchange. 7 This document provides additional information on the retro-fitting market following consideration of the recommended revised application schedule adopted by resolution A.1088(28), together with the actual efficacy of extended ballast water exchange, proposed in document MEPC 69/4/13. The document also proposes a possible revision to the draft MEPC resolution on Determination of the date referred to in regulation B-3, as amended, of the BWM Convention. Further information on shortage of the dockyard capacity in 2020 8 The current draft MEPC resolution on Determination of the date referred to in regulation B-3, as amended, of the BWM Convention as set out in annex 5 of document MEPC 69/21/Add.1, recommends that existing ships, constructed before the date of entry into force of the BWM Convention, should install BWMS by the date of the first renewal survey of the ship associated with the IOPP Certificate following the date of entry into force of the BWM Convention. 9 However, Liberia still believes that due to concerns on the robustness of the available BWMS type approved under the Guidelines (G8) and non-availability of BWMS approved for use in United States waters, shipowners decided not to follow the expected schedule, in which all ships should have conducted their renewal survey at five-year intervals. 10 Document MEPC 69/4/13 estimated that renewal surveys of the IOPP Certificate after the entry into force of the BWM Convention will reach a peak in 2020 with 9,500 ships, compared to the demands of less than 6,000 ships in 2017 and 2018 (refer to figure 1 in the annex to MEPC 69/INF.22). 11 Document MEPC 69/4/13 further estimated the capacity of the world's existing docks available for retrofitting is estimated to accommodate 4,800 ships annually, based on the total number of ships dry-docked both for intermediate survey and renewal survey in 2015
Page 3 (refer to paragraph 12 of the annex to document MEPC 69/INF.22). Therefore, even with some additional utilization, a maximum of 6,000 ships could be retrofitted with BWMS in 2020, falling well short of the peak demand estimated at 9,500 ships. 12 There were several counter arguments at MEPC 69 that the estimation of renewal surveys in 2020 was exaggerated, while on the other hand, the dockyard capacity in 2020 was underestimated. Therefore, Liberia requested from all IACS members the number of their classed ships that dry-docked in 2015 and ships due for renewal surveys from 2016 to 2020. Information was received from all, except one IACS member. The results are shown in table 1. Table 1: Ships dry-docked in 2015 and renewal survey due date distribution from 2016-2020 Numbers of ships dry-docked in 2015 Ships scheduled to perform renewal surveys *1 For Renewal survey For Intermediate survey 2016 2017 2018 2019 2020 7,647 5,077 6,336 6,901 6,704 7,324 8,245 *1 Methodology for screening ships that are required to install BWMS is different from that used in MEPC 69/INF.22, however, Liberia confirmed that all ships counted are sea-going ships. 13 This was confirmed by several IACS members that reported that there were reduced IOPP Certificate renewal surveys scheduled in 2016. Therefore, such rise in last-minute requests for early renewal surveys of the IOPP Certificate ahead of its original schedule is not anticipated anymore. 14 It is estimated that more than 8,200 ships and closer to 9,500 ships, taking into account the number of ships due for renewal surveys from 2016 to 2020 from the IACS member that did not provide information, are expected to perform renewal surveys in 2020. 15 Liberia estimates available dockyard capacity for a maximum of 6,300 ships which is based on an updated number of 7,647 ships that dry-docked during the renewal surveys in 2015. The estimated number of 6,300 ships includes an extrapolated number of ships that were classed with the IACS member that did not provide the number of their classed ships dry-docked in 2015 (refer to paragraphs 10 to 13 and figure 3 in the annex to MEPC 69/INF.22 for the methodology). In this estimation, as there was no further information available, Liberia has not changed the assumption that a longer docking duration with a factor of 1.5 times the average duration would be required for retrofitting instead of the normal duration for a renewal survey, and assumed that 80% of dockyards have adequate expertise to carry out this work. 16 Therefore, with updated information provided by all the IACS members, it is concluded that the global dockyard capacity available for 6,300 ships at maximum is likely to fall short of the peak demand of over 8,200 ships and closer to 9,500 ships in 2020. Actual measurements on the efficacy of extended ballast water exchange (ebwe) 17 There were several concerns raised during MECP 69 that the actual efficacy of extended ballast water exchange (ebwe) is doubtful. Therefore, Liberia requested owners of ships registered with Liberia to volunteer to participate in an actual study on the efficacy of two simultaneous ballast water exchanges (ebwe). 18 Owing to time constraints on the submission deadline for IMO documents to MEPC 70, it was not possible to use a large bulk carrier or oil tanker on trans-atlantic or trans-pacific voyages. Instead two very large container ships of about 10,000 TEU capacities, on voyages from the Far East to South America via Singapore were used to carry out the study. Each ship ballasted two tanks at Singapore harbour on the north-bound passage and a position located
Page 4 in the South China Sea at approximately 17 44.5'N, 115 44.9'E in water depth of over 3,500 m and at least 240 nm from nearest land was selected to carry out ebwe on the south-bound passage. 19 The methodology for shipboard testing provided in the Guidelines (G8) and (G2) was used. Therefore, only the viable organisms were counted in the samples taken from the uptake ballast water and the discharged ballast water. Three replicate samples were collected each time. 20 Ship 1 arrived at Singapore on 2 July 2016 and during the transit samples of the uptake ballast water were taken by independent experts on BW sampling. On 21 July 2016, at the selected position, the ship carried out ebwe as planned and returned to Singapore on 24 July 2016, where the discharged ballast water was sampled and analysed by an ISO accredited laboratory. The results of the study are shown below in table 2. Table 2: Biological density after ebwe (Ship 1) Unit At uptake IMO req. At discharge IMO req. Pass/fail 50 µm organisms individuals / m 3 14,962 >100 26 *1 <10 Fail <50 and 10 µm cells / ml 159 >100 1 <10 Pass organisms <10 µm organisms cells / ml 66 NA 6 NA NA E. coli cfu/ 100 ml - - <1 <250 Pass Enterococci cfu/ 100 ml - - <1 <100 Pass Vibrio cholerae cfu/ 100 ml - - <1 <1 Pass *1 Major organisms identified are Copepoda nauplius, Macorsetela sp., and Micorsetela sp. 21 Ship 2 arrived at Singapore on 16 July 2016 and during the transit samples of the uptake ballast water were taken by same independent experts on ballast water sampling. However, due to typhoon NIDA moving across the South China Sea, Ship 2 was unable to carry out the ebwe at the selected position and instead carried out the ebwe at a position located at 19 10'N, 113 30'E in water depth of about 500 m and about 140 NM from the nearest land, while waiting for typhoon NIDA to pass. On 8 August 2016 Ship 2 returned to Singapore, where the discharged ballast water was sampled and analysed by the same ISO accredited laboratory. The results of the study are shown below in table 3. Table 3: Biological density after ebwe (Ship 2) Unit At uptake IMO req. At discharge IMO req. Pass/fail 50 µm organisms individuals/ m3 34,360 >100 693*1 <10 Fail < 50 and 10 µm cells / ml 11 >100 1 <10 Pass organisms <10 µm organisms cells / ml 29 NA 2 NA NA E. coli cfu/ 100 ml - - <15 <250 Pass Enterococci cfu/ 100 ml - - <1 <100 Pass Vibrio cholerae cfu/ 100 ml - - Pending <1 *1 Major organisms identified are Copepoda nauplius and unidentified Trochophore. 22 While Liberia considers the results of the study on Ship 2 was due to the near proximity to land and sea state due to passing typhoon NIDA during the exchange operation, there are other reasons for the results of the study on Ship 1 not meeting the standard for organisms 50 um in regulation D-2 of the BWM Convention. It is possible that pre-existing organisms in the ballast piping and sedimentation inside the ballast tank, and re-intake of
Page 5 ballast water when it was discharged for exchange, may have contributed to the failure of organisms 50 um to meet the standard in regulation D-2. There may be situations in which concentrations in discharged ballast water will not attain the D-2 standard using BWMS, due to similar reasons described above in this paragraph. 23 Therefore, if the additional requirements in paragraph 37 of document MEPC 69/4/13 are carefully conducted taking the above factors including the sea area into account in the approved ballast water management plan, there is the potential to attain the standard described in regulation D-2 in discharged ballast water. Revised Guidelines (G8) BWMS 24 Although the roadmap for implementation of the BWM Convention provides for non-penalization of early movers that installed BWMS approved in accordance with the Guidelines (G8), port States could still require ships to discharge ballast water that is compliant with the standard described in regulation D-2. Shipowners should therefore, not be made to install BWMS that are not robust enough and not proven to meet the standard in regulation D-2 during world-wide operations. 25 With regard to the draft revised Guidelines (G8), Liberia recognises that there are many major changes, such as testing in fresh, brackish and marine water; using standard test organisms (STO); validated method to detect viability and testing at temperatures ranging from 0 C to 40 C. Even if the draft revised Guidelines (G8) could be finalized during MEPC 70, additional time will be needed to develop BWMS type approved in accordance with the revised Guidelines (G8). Moreover, for the retrofitting market, greater experience in dealing with BWMS type approved in accordance with the revised Guidelines (G8) together with contamination from inside of ballast pipes will be needed. Revision to the draft MEPC resolution 26 As concluded in paragraphs 14 to 16 above, the global dockyard capacity is likely to fall short of the peak demand in 2020 if the draft MEPC resolution recommends that existing ships should install BWMS by the date of the first renewal survey of the IOPP Certificate following the date of entry into force of the BWM Convention. 27 As stated in paragraph 25 above, additional time will be needed before BWMS type approved in accordance with the revised Guidelines (G8) are developed, tested and commercially available for shipowners to install on their ships with confidence that these BWMS will meet the standard described in regulation D-2 in world-wide operations and without fear of action by port States. 28 Therefore, to ensure smooth implementation of the BWM Convention, it is crucial to provide practical solutions for shipowners of existing ships when selecting BWMS to meet the standard in regulation D-2. 29 Liberia considers that the date determined by the Committee in the draft MEPC resolution for compliance with regulation D-2 should take into account the commercial availability of BWMS for new and existing ships. Until that date, ships should be allowed to conduct ballast water management in accordance with paragraph 23. 30 From these perspectives, Liberia proposes a possible revision to the draft MEPC resolution, which is attached as annex to this document.
Page 6 Action requested of the Committee 31 The Committee is invited to note the information provided in paragraphs 26 and 27 and to consider the information provided in paragraphs 29 and 30 of this document and take action as appropriate. ***
Annex, page 1 ANNEX DRAFT MEPC RESOLUTION ON DETERMINATION OF THE DATE REFERRED TO IN REGULATION B-3, AS AMENDED, OF THE BWM CONVENTION THE MARINE ENVIRONMENT PROTECTION COMMITTEE, RECALLING Article 38(a) of the Convention on the International Maritime Organization concerning the functions of the Marine Environment Protection Committee conferred upon it by international conventions for the prevention and control of marine pollution from ships, NOTING that regulation B-3.9 of the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (the BWM Convention), as amended, states that the Committee shall determine the date of the renewal survey for which paragraphs 1.1, 1.2, 2 and 4 of regulation B-3 of the BWM Convention shall apply, DETERMINES that the date in paragraph 9 of regulation B-3 of the BWM Convention is the date of the second renewal survey for the ship associated with the International Oil Pollution Prevention Certificate pursuant to the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL), Annex I, after the date of entry into force of the BWM Convention, AGREES to undertake a review, following adoption of the revised Guidelines (G8), not later than 2017 and completed no later than 2020, which includes a determination of whether appropriate technologies meeting the requirements in the revised Guidelines (G8) are commercially available and adjust the time period set forth in the previous paragraph. ENCOURAGES ships from the date of the first renewal survey described above and until determination by the Committee on the commercial availability of appropriate technologies, to take account of additional requirements in the approved ballast water management plan:.1 an efficiency of at least 99% volumetric exchange of ballast water;.2 additional management for ballast water sediment and cleaning ballast piping;.3 a voyage plan, to which the requirement in regulation B-4.3 of the BWM Convention does not apply; and.4 confirms compliance with regulation D-2 prior to discharge by the use of the methodology for indicative sampling and analysis specified in Guidelines (G2).