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Environmental protection

Ballast Water

  • To which ships does the Ballast Water Management Convention apply?

The Ballast Water Management Convention applies to all ships under a flag of a contracting party regardless of their size. Germany has ratified the convention and is therefore a contracting party. Even ships that do not fly the flag of a contracting party have to comply with the Ballast Water Management Convention when they travel in the territorial waters of a contracting party. For the purpose of the Ballast Water Management Convention ship is a vessel of any type whatsoever operating in the aquatic environment. This includes floating platforms without its own propulsion, floating craft and FSUs. The convention applies to inland waterway vessels when they travel maritime waters along the seawards border of the territorial sea. The Ballast Water Management Convention (BWM Convention) does not apply to:

  1. ships on domestic voyages (however, these are covered by the “See-Umweltverhaltensverordnung (SeeUmwVerhV)” (ordinance on maritime environmental performance)),
  2. warships, naval auxiliaries or other state ships, und
  3. ships not designed or constructed to carry ballast water.

The BWM Convention does also not apply to ballast water permanently carried on board ships in a sealed ballast water tank system and not discharged into the sea.

  • Under which conditions is a discharge of ballast water possible?

The discharge of ballast water shall only be conducted through Ballast Water Management in accordance with the provisions in the annex to the Ballast Water Management Convention – which means by compliance with Regulations D-2. If you have problems with the BWMS of a ship, please contact the nearest port and: ballastwasser@bsh.de.

  • What exactly do the Regulations D-2 of the annex to the Ballast Water Management Convention include?

The D-2 standard can only be complied with an appropriate ballast water management system or by discharging ballast water into a port reception facility. The exact requirements can be found in our sheet with information on the D-2 standard (in German only).

  • Which special regulations apply to ballast water exchange in the North and Baltic Sea?

No ballast water exchange area is currently defined in the North Sea. There is also no exchange area in the Baltic Sea. Carrying out an exchange in the German North Sea or Baltic Sea would be against the rules under the Marine Environmental Conduct Ordinance and would be sanctioned accordingly.

  • Which exceptions from Ballast Water Management exist?

Intended exceptions from Ballast Water Management are:

  1. ensuring the safety of a ship in emergency situations or saving life at sea;
  2. accidental discharge resulting from a damage provided that all reasonable precautions have been taken to prevent or reduce the discharge and that the damage was not caused willfully or recklessly;
  3. the uptake and discharge of ballast water and sediments when being used for the purpose of avoiding or minimizing pollution incidents from the ship;
  4. the uptake and subsequent discharge on the high seas of the same ballast water and sediments;
  5. the discharge of ballast water and sediments from a ship at the same location where the whole of that ballast water and those sediments originated and provided that no mixing with unmanaged ballast water and sediments from other areas has occurred. The definition of “same location” for ports lies within the countries competence.
  • Is it necessary to treat the ballast water on board to comply with Regulation D-2?

No, even though the installation of a ballast water management system on-board is the most common method. The Ballast Water Management Convention arranged other methods as well, e.g. the discharge in port reception facilities, if available (not compulsory). Also, the discharge into an external ballast water management system (e.g. on another ship or on land) is possible if these comply with the requirements of the approval specifications from the BWMS Code and, if applicable, procedure G9. The handling of the ballast water needs to be specified accordingly in the Ballast Water Record Book.

  • Is it possible to get exemptions from the treatment requirement in accordance with D-2 in several ports?

Yes, if all ports have been inspected in accordance with the “HELCOM/OSPAR Joint Harmonized Procedure” in conjunction with IMO Guideline G7 and the risk assessment permits an exemption. An exemption is only granted in cases of low risk for the environment, health, material assets and/or resources based on a port inspection. If the discharge of ballast water is planned for ports, the relevant authorities of the countries have to be contacted.

  • Does the data of the port inspections for granting an exemption get published? Is it available to other applicants?

Yes, the "HELCOM/OSPAR Joint Harmonized Procedure" stipulates this. The data shall be entered into the HELCOM databank, which is part of the "HELCOM/OSPAR Joint Harmonized Procedure".

  • Which ships must have a Ballast Water Management Plan and a Ballast Water Record Book on board? 

All ships falling under the Ballast Water Management Convention and flying a flag of a contracting party – regardless of their size - have to carry an approved Ballast Water Management Plan and a Ballast Water Record Book on board on domestic and international voyages. In German law, this is regulated by section 20 of the “See-Umweltverhaltensverordnung (SeeUmwVerhV)” (ordinance on maritime environmental performance). The Ballast Water Record Book may be available electronically or be part of another record book and is to be held available on board for at least two years (an additional three years in the control of the company). Each operation concerning ballast water shall be fully recorded without delay and signed by the officer in charge. Each completed page shall be signed by the master. Necessary entries include exemptions (see Guideline G4). The Ballast Water Record Book shall be kept readily available for inspection at all reasonable times. In the case of an unmanned ship under tow, it may be kept on the towing ship. The entries in the Ballast Water Record Book shall be in a working language of the ship. If that language is not English, French or Spanish the entries shall contain a translation into one of those languages.

  • Do ships with less than 400 GT receive an international Ballast Water Management Certificate (IBWM Certificate)?

As standard, ships on domestic voyages do not receive an IBMW Certificate and are exempt from the survey provision outlined in Section E of the Ballast Water Management Convention. However, shipping companies of these ships can apply for a certificate if they so wish. Provisions by the responsible classification society may require a survey for the ballast water certificate, e.g. because of the class notation.

  • Who can you contact regarding discharge of untreated ballast water?

Regarding the discharge of untreated ballast water, depending on the area in the territorial waters where the discharge occurs, individual federal and stately authorities are responsible. The point of contact at the federal government regarding prosecution of administrative offences on maritime waterways and federal waterways is the Federal Maritime and Hydrographic Agency (BSH), Section “Environmental Protection in Maritime Traffic” (S 15), e-mail: Ballastwasser@BSH.de. The states are responsible for the monitoring and prosecution of administrative offenses in the ports. See a list of contact details for the relevant authorities.

  • Who can I contact if I have more questions regarding ballast water?
  1. Approval of Ballast Water Management Systems: Federal Maritime and Hydrographic Agency (BSH), Section “Environmental Protection in Maritime Traffic” (S 15), e-mail: Ballastwasser@bsh.de
  2. Approval of Ballast Water Management Plans and issuance of certificates (IBWM Certificate): BG Verkehr / Ship Safety Division (Dienststelle Schiffssicherheit), e-mail: maschine@bg-verkehr.de, phone: +49 40 361 37-217.
  3. Monitoring ships under foreign flag in German ports as part of port state control: BG Verkehr / Ship Safety Division (Dienststelle Schiffssicherheit), e-mail: psc-germany@bg-verkehr.de
  • Where can I find more information regarding ballast water?
  1. You can find all relevant guidelines and other documents on ballast water with our Document Search
  2. In the IMO Document MEPC71/17/Add. 2 Annex 11 (“BWM – How to do it”)

Ship Recycling

  • When will the International Ship Recycling Convention (Hong Kong Convention) enter into force?

The convention will enter into force when at least 15 states with over 40% of the of the gross tonnage of the world’s merchant shipping have entered into a binding commitment. This is not yet the case. Find here the current status of this and other conventions of the International Maritime Organization IMO.