A radical change in the world of shipping has been triggered by the recent ratification of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, also known as the “Ballast Water Management Convention” (BWMC), a very important legislation that has been adopted by the Shipping Deputy Ministry of the Republic of Cyprus. The BWMC entered into force on November 8th of 2018, pursuant to Article 18.3 of the Convention.
The Convention concerns all registered owners, bareboat charterers, managers and representatives of ships that operate under the Cyprus Flag and to those that sail and call at Cyprus ports. Moreover, the legislation is imposed to all Recognised Organisations (ROs) that are registered on the national territory or trade with the Republic.
The terms of the Convention explicitly ban all spread of invasive aquatic species via ballast water, as those may result in the pollution of the aquatic ecosystem and in important economic loss. It is now a legal obligation for all ships, that operate in international trade, to manage their ballast water and sediments, retaining a high level of standards.
It is clearly stated that upon entry into force of the Convention, all Statements of Compliance must be replaced by the Recognised Organisations and obtain a Ballast Water Management Certificate, by the next annual/intermediate/renewal survey, which will expire no later than the date written on the Statement of Compliance. There will be no additional operations to be fulfilled, as long as the Statement of Compliance completes all BWMC requirements.
As for the ships that bear a flag of a country that is not part of the Convention, the competent public authorities of the Republic of Cyprus will still apply all requirements listed in the article 3 of the Treaty, in order to avoid any discriminatory treatment.
For further information or specifications please contact one of our Legal Consultants at Arsen Theofanidis LLC or visit the webpage of the Shipping Deputy Ministry’s Marine Environment Protection Division.
By N. Kalifatidou
Advocate – Legal Consultant
for Arsen Theofanidis LLC