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

Requirement to conduct ballast water management

5.—(1) Subject to regulations 6 (exceptions to the requirement to conduct ballast water management), 7 (exemptions from the requirement to conduct ballast water management) and 21 (prototype ballast water management systems), any ballast water or sediments taken on board a ship must not be discharged from that ship unless they are subject to ballast water management which meets the requirements of paragraph (2).

(2) The requirements referred to in paragraph (1) are—

(a) treatment or exchange; or

(b) treatment—

(i) where the ship was constructed on or after 8th September 2017;

(ii) where the ship had—

(aa) an IOPP renewal survey in the period beginning on 8th September 2014 and ending on 7th September 2017; and

(bb) an IOPP renewal survey in the period beginning on 8th September 2017 and ending on 7th September 2019;

(iii) where the ship had an IOPP renewal survey in the period beginning on 8th September 2019 and ending immediately before the coming into force of these Regulations;

(iv) following the ship’s first IOPP renewal survey after the coming into force of these Regulations; or

(v) where—

(aa) the ship is not subject to an IOPP renewal survey; and

(bb) the discharge is after 8th September 2024.

(3) In this regulation—

(a) “changes the ship type” refers to a ship conversion that—

(i) substantially alters the dimensions or carrying capacity of the ship; or

(ii) changes the type of cargo carried as a result of a major alteration of the ship;

(b) “constructed” means the keel is laid or—

(i) a stage of construction is reached where—

(aa) construction identifiable with the ship begins; and

(bb) assembly of the ship has commenced comprising at least 50 tonnes, or one per cent of the estimated mass of all structural material, whichever is less; or

(ii) a stage of construction is reached where the ship undergoes a major conversion.

(c) “IOPP renewal survey” means a survey of that description as set out in section 2 of Merchant Shipping Notice MSN 1908 (M+F); and

(d) subject to paragraph (4), “major conversion” means the conversion of a ship which—

(i) changes its ballast water capacity by 15 percent or greater;

(ii) changes the ship type;

(iii) in the opinion of the Secretary of State, is projected to prolong its life by ten years or more; or

(iv) results in modifications to its ballast water system other than the replacement-in-kind of components.

(4) The conversion of a ship to achieve the standard specified in regulation 12 (ballast water exchange standard) is not a major conversion for the purposes of paragraph (3)(b)(ii).