Views expressed in this presentation are those of the author and should not be construed as necessarily reflecting the views of IMO or its Secretariat. MODULE 4 Implementing the Ballast Water Management Convention
Views expressed in this presentation are those of the author and should not be construed as necessarily…
Jan 20, 2018
Identify key steps towards the legal implementation of the BWM Convention within the national context; Review specific concerns regarding the implementation of the BWM Convention in the context of the national situation.
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Views expressed in this presentation are those of the author and should not be construed as necessarily reflecting the views of IMO or its Secretariat.
MODULE 4
Implementing the Ballast Water Management
Convention
1. Introduction to Ballast Water Management
3. Other International Conventions and Principles relevant to Ballast Water Management
2. The Ballast Water Management Convention and Guidelines
4. Implementing the Ballast Water Management Convention
5. Guide to Drafting a Ballast Water Management Act
MODULE 4
Module 4: Objectives
Identify key steps towards the legal implementation of the BWM Convention within the national context;
Review specific concerns regarding the implementation of the BWM Convention in the context of the national situation.
Inventory of existing legislation
Determine whether existing statutory provisions exist
Examine deficiencies
Constitutional concerns
Analysis of information
Steps in incorporating the BWM Convention into national legislation
Review nature of proposed legislation
Determine if main Act necessary or if subsidiary legislation sufficient
Where regulations possible
Key Steps to the Legal Implementation of the BWM
Convention
Source: commons.wikimedia.org
Model Legislation
What are the
potential benefits of adopting a
model legislation?
Model Legislation has been prepared for implementing BWM Convention into national law.
Practical Implementation of BWM Convention
Ballast Water Management Strategy
the flag State
the coastal State
the port State
Implications
the flag State
the coastal State
the port State
Key Areas
Policy framework and guidelines
Ballast Water Management Strategy
Compliance and Enforcement
Internal and external institutional framework
Administrative aspects
Deficiencies and barriers
Can you identify any deficiencies / barriers that may result in conflict?
Compliance and EnforcementReasons for failure
Insufficient monitoring
Inadequate reception facilities
Lack of scientific and technical expertise
Sub-standard port State control
Lack of coordination with adjacent and neighbouring countries
Country 1 2 3Australia Quarantine Inspection Services
Canada Transport
Cayman Islands Maritime Adm (MACI)
China Communications
India Surface Transport
Iran Port
Jamaica Maritime Auth (MAJ)
Malta Port
New Zealand Quarantine Biosecurity Maritime Safety
Oman Communications
Singapore Port
U.K. Maritime & Coastguard (MCA)
Responsibilities for Administering the Legislation
National Task Force / Inter-Ministerial
Committeesthe flag State
the coastal State
the port State
Capacity building
Judicial enforcement
Actions/proposals for Effective Implementation
Comments on actions/proposals?
Summary
• From the key steps presented, select 2 or 3 to describe the situation in your country
• What practical steps are necessary in your country for the legal implementation of the BWM Convention?
• In your country what are likely to be the main barriers for effective for the legal implementation of the BWM Convention?
ExerciseIn group, among countries
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