The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

1Citation, commencement and extent

2Interpretation

3Certifying Authorities

PART 2Discharge of ballast water and sediments

5Requirement to conduct ballast water management

6Exceptions to the requirement to conduct ballast water management

7Exemptions from the requirement to conduct ballast water management

PART 3Ballast water management

9Ballast water management plan

10Ballast water record book

11Location of ballast water exchange

12Ballast water exchange standard

13Ballast water and sediment treatment standard

PART 4Sediment reception facilities

14Requirement to provide sediment reception facilities

PART 5Equipment

15Designation of nominated bodies

16Approval of ballast water management systems

17Application for grant of type approval

18Grant of type approval: obligations of nominated bodies

19Duration, suspension and withdrawal of BWMS Type Approval Certificates

20Ballast water management systems which use active substances

21Prototype ballast water management systems

PART 6Survey and certification of ships

22Interpretation of Part 6

23Prohibition on United Kingdom ships proceeding to sea without an IBWM Certificate

24Prohibition on non-United Kingdom ships proceeding to sea without an IBWM Certificate or appropriate documentation

25Surveys of United Kingdom ships

26Issue of IBWM Certificates by a Certifying Authority in respect of United Kingdom ships

27Endorsement of IBWM Certificates by a Certifying Authority in respect of United Kingdom ships

28Duration and validity of an IBWM Certificate

29Extension of periods of validity of IBWM Certificates by a Certifying Authority

30Extension of periods of validity of IBWM Certificates by a surveyor

31Responsibilities of the owner and the master

32Additional surveys of United Kingdom ships

33Issue or endorsement of IBWM Certificates by another Contracting State

34Issue or endorsement of IBWM Certificates in respect of non-United Kingdom ships

35Procedure to be adopted when a ship is deficient

37Miscellaneous provisions relating to IBWM Certificates

PART 7Enforcement

38Inspection of ships

39Prohibition on discharge following sampling

40General provisions on detention

41Power for a harbour master to detain a ship

42Duty of a harbour master to report deficient ships

43Right of appeal and compensation

46Restriction on jurisdiction over offences outside United Kingdom limits

47Suspension of proceedings at flag State request

48Service of documents on foreign companies

49Enforcement and application of fines

PART 8Amendment

50Amendment to the Merchant Shipping (Fees) Regulations 2018

2022 No. 737

Marine Pollution

The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

Made3rd July 2022

Laid before Parliament7th July 2022

Coming into force29th July 2022

The Secretary of State, in exercise of the powers conferred by articles 3 and 4(a), (b)(ii), (c), (e) and (f) of the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Order 20221, article 2(1), (2)(a) to (c), (2)(e) to (g) and (3) of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19962 and sections 128(5) and (6) and 302(1) of the Merchant Shipping Act 19953, and with the consent of the Treasury4, makes the following Regulations: