Regulatory Update – All Set For Change?

With the maritime industry facing significant changes in its regulatory landscape in the coming years, it is important that maritime sector stakeholders understand the way in which these substantial modifications will affect them. Here, we briefly consider the notable legal changes set out in the BWM Convention, MARPOL 2020 and the Maritime 2050 Strategy.

Ballast Water Management Convention ("BWM Convention")

The IMO's BWM Convention, which entered into force on 8 September 2017, governs the legal requirements for most vessels to manage their ballast water to avoid the transfer of potentially invasive species between environments. Broadly, this consists of two requirements:

i) for vessels to exchange their ballast water in open seas ("D-1 requirement"); and

ii) for vessels to limit the amount of viable organisms discharged in ballasting operations ("D-2 requirement") (effectively requiring vessels to install ballast water treatment systems).

From the date of entry into force, all ships falling under the BWM Convention must conform to, at least, the D-1 requirement.

On 7 July 2017, at the 71st meeting of the Maritime Environment Protection Committee (IMO's decision-making body) ("MEPC"), the implementation schedule for the D-2 requirement was amended to allow shipowners at least two more years to install the required ballast water treatment systems. The new schedule, linked to a vessel's International Oil Pollution Prevention Certificate ("IOPP"), is as follows:

1. New Ships

   New ships constructed with a keel lay date on, or after the 8 September 2017, to which the Convention applies, will be required to comply with the D-2 requirement upon delivery.

2. Existing Ships

   If a vessel's last IOPP renewal survey was between 8 September 2014 and 7 September 2017, then the treatment system installation is required at the next IOPP renewal survey on, or after, 8 September 2017.

   If, on the other hand, a vessel's last IOPP renewal survey was between 8 September 2012 and 7 September 2014, then the treatment system installation is required at the second IOPP renewal survey on, or after, 8 September 2017.

   Finally, for vessels:

   a) with a keel lay date before 8 September 2017; and

   b) that are oil tankers smaller than 150 gt; or

   c) that are other vessels smaller than 400 gt (i.e. not subject to Marpol Annex I surveys),

   a ballast water treatment system is required to be fitted from the date decided by the Administration (i.e. flag State), but not later than 8...