IMO interpretations to the BWM Convention and the BWMS Code

The International Maritime Organization has released BWM.2/Circ.66/Rev.5, Unified interpretations to the BWM Convention and the BWMS Code.

This circular revokes BWM.2/Circ.66/Rev.4. It has been released on 14 July 2023.

The Marine Environment Protection Committee, at its eightieth session (3 to 7 July 2023), approved unified interpretations to regulations B-3.5 and B-3.10 of the BWM Convention and the Form of the International Ballast Water Management Certificate, concerning the "date of construction" for a ship which has undergone a major conversion in order to implement the BWM Convention.

The updated consolidated text of all existing unified interpretations to the BWM Convention and the BWMS Code, including those set out in BWM.2/Circ.66/Rev.4, is set out in annexes 1 and 2, respectively.

Member Governments and international organizations are invited to apply the annexed unified interpretations to the BWM Convention and the BWMS Code and bring them to the attention of all parties concerned.

Annex: Unified interpretations to the BWM Convention and the BWMS Code

Date to meet the standard in regulation D-2 in accordance with resolution MEPC.297(72) Regulation B-3 Ballast water management for ships

Regulations B-3.5 and B-3.10 read as follows: "5 A ship constructed on or after 8 September 2017 shall conduct ballast water management that at least meets the standard described in regulation D-2. 10 Notwithstanding regulation E-1.1.2, the renewal survey referred to in paragraphs 1.1, 1.2, 2 and 4 is:

the first renewal survey, as determined by the Committee*, on or after 8 September 2017 if:
- this survey is completed on or after 8 September 2019; or
- a renewal survey is completed on or after 8 September 2014 but prior to 8 September 2017; and
the second renewal survey, as determined by the Committee,* on or after 8 September 2017 if the first renewal survey on or after 8 September 2017 is completed prior to 8 September 2019, provided that the conditions of paragraph 10.1.2 are not met."

Interpretation

1.1 A ship constructed before 8 September 2017 which has undergone a major conversion on or after 8 September 2017 should be deemed as a ship constructed on or after 8 September 2017 and comply with regulation B-3.5. If the major conversion has occurred before the renewal survey specified in regulation B-3.10, the said ship should meet the D-2 standard from the date of completion of the major conversion. If the major conversion has occurred after the renewal survey specified in regulation B-3.10, the said ship should meet the D-2 standard from the date of completion of the renewal survey specified in regulation B-3.10.

Date to be used for determining the implementation of mandatory commissioning testing of individual ballast water management systems in accordance with resolution MEPC.325(75) Regulation E-1 Surveys

Regulations E-1.1.1 and E-1.1.5 read as follows: "1 An initial survey before the ship is put in service or before the Certificate required under regulation E-2 or E-3 is issued for the first time. This survey shall verify that the ballast water management plan required by regulation B-1 and any associated structure, equipment, systems, fittings, arrangements and material or processes comply fully with the requirements of this Convention. This survey shall confirm that a commissioning test has been conducted to validate the installation of any ballast water management system by demonstrating that its mechanical, physical, chemical and biological processes are working properly, taking into account the guidelines developed by the Organization.*

5 An additional survey, either general or partial, according to the circumstances, shall be made after a change, replacement, or significant repair of the structure, equipment, systems, fittings, arrangements and material necessary to achieve full compliance with this Convention. The survey shall be such as to ensure that any such change, replacement or significant repair has been effectively made, so that the ship complies with the requirements of this Convention. When an additional survey is undertaken for the installation of any ballast water management system, this survey shall confirm that a commissioning test has been conducted to validate the installation of the system by demonstrating that its mechanical, physical, chemical and biological processes are working properly, taking into account the guidelines developed by the Organization.*

*Refer to the 2020 Guidance for the commissioning testing of ballast water management systems (BWM.2/Circ.70/Rev.1), as amended.

2.1 Irrespective of new ships under construction subject to regulation E-1.1.1 or existing ships retrofitting ballast water management system(s) (BWMS) on board subject to regulation E-1.1.5, the commissioning testing of individual BWMS taking into account the guidelines developed by the Organization* should be conducted if the initial or additional survey is completed on or after 1 June 2022. If the initial or additional survey is completed before 1 June 2022, the commissioning testing of individual BWMS remains subject to the specific requirements of the Administration(s).

2.2 In case an installed BWMS on board a ship undergoes an upgrade or change to a major component as defined under paragraph 3.9 of the BWMS Code, the BWMS should be regarded as a newly installed BWMS. A commissioning test should be conducted in accordance with regulation E-1.1.5 of the BWM Convention, and an International Ballast Water Management Certificate (IBWMC) for that ship should be re-issued accordingly.

**Refer to the 2020 Guidance for the commissioning testing of ballast water management systems (BWM.2/Circ.70/Rev.1), as amended.

"Date of construction" for a ship which has undergone a major conversion

Appendix I: Form of International Ballast Water Management Certificate

The following information regarding "Date of construction" and "Date of major conversion" is to be provided on the certificate: "Date of construction ............................................................."

Interpretation:
3.1 Regarding the International Ballast Water Management Certificate for a ship that has undergone a major conversion, the "Date of construction" item should be completed with the date of commencement of the major conversion.

4 "Date installed" in relation to "Method of ballast water management used" Appendix I
Form of the International Ballast Water Management Certificate
The following information regarding "Details of ballast water management method(s) used" is to be provided on the certificate:
"Method of ballast water management used ............................................................ Date installed (if applicable) (dd/mm/yyyy) ................................................... Name of manufacturer (if applicable) .........................................................."

Interpretation

4.1 When fulfilling the International Ballast Water Management Certificate, the date of the latest commissioning, as per section 8 of the BWMS Code (resolution MEPC.300(72)), should be utilized.

4.2 However, it should be noted that the term "installed" in reference to the deadline for installing a ballast water management system, as outlined in operative paragraph 5 of resolution MEPC.300(72), is understood as follows: "installed" refers to the contractual delivery date of the ballast water management system to the ship, and in the absence of such a date, "installed" signifies the actual delivery date of the system to the ship.

4.3 Consequently, two possible dates, the contractual delivery date or the actual delivery date, and the date following the latest commissioning and operation, could be applicable in the context of installing a ballast water management system.

5 Principal ballast water management method(s) employed on the ship

Appendix I: Form of the International Ballast Water Management Certificate

Appendix I of the BWM Convention presents the following information:

"Method of ballast water management used ......................................................... Date installed (if applicable) (dd/mm/yyyy) .................................................. Name of manufacturer (if applicable) ..........................................................

The principal ballast water management method(s) employed on this ship is/are:
in accordance with regulation D-1
in accordance with regulation D-2(describe) ....................................................................................................
the ship is subject to regulation D-4
 other approach in accordance with regulation........................................"

Interpretation

5.1 When a ship, occasionally engaged in international voyages and exempted by its Administration from discharging ballast water back to the original location as per BWM.2/Circ.52/Rev.1, opts to implement the D-1 standard instead of D-2, the principal ballast water management method employed is: " other approach in accordance with regulation D-1 taking into account BWM.2/Circ.52/Rev.1."

5.2 In the case of a ship granted exemption under regulation A-4 of the BWM Convention, the principal ballast water management method utilized is: " other approach in accordance with regulation A-4."

5.3 For a ship equipped with a certified BWMS under the D-2 standard, even if other ballast water management methods are included in the Ballast Water Management Plan as contingency measures, the primary method employed on this ship is: " in accordance with regulation D-2 (describe) .................................................................................................. "

5.4 If a ship has adopted an "other approach" in line with regulations B-3.6 or B-3.7 of the BWM Convention, the Ballast Water Management Plan must outline the approved alternative approach for the ship.

5.5 If an Administration mandates International Ballast Water Management Certificates for its ships subject to equivalent compliance under regulation A-5, those certificates must list regulation A-5 under the "other approach" section as the principal ballast water management method employed.

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