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Lloyd's Maritime and Commercial Law Quarterly

INTERNATIONAL MARITIME LAW

Simon Baughen*

INTERNATIONAL CONVENTIONS

281. International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM), 2004 (IMO)

At the 28th session of the IMO Assembly (25 November to 4 December 2013), the IMO plenary approved without comment the resolution for the Ballast Water Management Convention 2004 under which ships constructed before the entry into force of the Convention will not be required to comply with regulation D-2 (Ballast Water Performance Standard) until their first renewal survey following the date of entry into force of the Convention. Previously, the Convention would have required such ships to comply after a fixed date. The Convention will come into effect 12 months after ratification by 30 countries representing 35 per cent of global tonnage. Currently there are 38 Contracting States covering 30.38 per cent of global tonnage.

282. International Convention for the Prevention of Pollution from Ships (MARPOL) (IMO)

The revised MARPOL Annex III applies to all ships carrying harmful substances in packaged form and came into force internationally on 1 January 2014. Regulation 3 on “Marking and labelling”, Regulation 4 on “Documentation” and Regulation 8 on “Port State control on operational requirements” relating to stopover loading and unloading operations have been amended.
Ship operators shall make available a document listing the harmful substances in packaged form taken on board, indicating their location on board or showing a detailed stowage plan to the port authority before departure if any loading or unloading operations, even partial, are carried out at any stopover.

283. International Convention for the Safety of Life at Sea 1974 (SOLAS) (IMO)

Regulation 5-2 in Chapter VI, prohibiting the blending of bulk liquid cargoes and production processes during sea voyages, entered into force on 1 January 2014. The new regulation was adopted in May 2012 pursuant to Resolution MSC.325(90). “Blending” means the process whereby the ship’s cargo pumps and pipelines are used internally to


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