REVISTA MARITIMA AVILA GROUP - 10 ANIVERSARIO MARITIMA AVILA GROUP-Web (1) | Page 22
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ENVIR ONMENT
10 años • 10 years
INTERNATIONAL CONVENTION
FOR THE CONTROL AND MANAGEMENT OF BALLAST WATER AND SEDIMENTS (BWMC)
PANAMA, REAFFIRMING ITS INTERNATIONAL COMMITMENT TO PROTECTING THE ENVIRONMENT AND PREVENTING MARINE POLLUTION, PROMULGATED IN ITS
OFFICIAL GAZETTE, LAW 41 OF SEPTEMBER 12, 2016, WHICH APPROVES THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF BALLAST
AND SEDIMENTS OF SHIPS, 2004, ADOPTED BY THE INTERNATIONAL MARITIME ORGANIZATION, ON 27 FEBRUARY 2004.
B
allast water is used to provide stability to vessels or
vessels when they are empty or do not carry enough
cargo and to ensure safe navigation. Generally, this water
is collected at the vessel’s operating location, ie in the port or
coastal zone, which increases the possibility of catchment of
pathogens along with ballast water. This possibility increases
when the catchments are close to the disposal of sewage or
waste water, without treatment.
It is undoubtedly a global problem, because through these
ballast water, invasive aquatic species are introduced to new
ecosystems which wreaks havoc on marine biodiversity and
causes serious environmental, social and economic damages.
The International Convention for the Control and Management
of Ships’ Ballast Water and Sediments, 2004 (BWM), provides the
necessary measures and standards for the prevention, control
and management of ballast water, with a view to to minimize the
aquatic, non-native, harmful and pathogenic organisms to the
marine ecosystem, from the discharge of these waters from the
international trade ships that transit our coastlines.
This Convention is based on the United Nations Convention
on the Law of the Sea (UNCLOS), which stipulates that “States
shall take all necessary measures to prevent, reduce and
control pollution of the marine environment.”
The Panama Maritime Authority (AMP) is responsible
for complying with obligations to prevent and minimize
or eliminate the transfer of harmful aquatic organisms
and pathogens through the control and management of
ballast water and sediments on board of the vessels of the
Panamanian merchant marine, as well as the commitment
to ensure that adequate facilities for the reception of these
sediments are available in port terminals where repairs or
cleaning of ballast tanks are carried out.
It shall enter into force twelve months after the date
on which the relevant instrument of ratification, acceptance,
approval or accession has been deposited with the Secretary-
General of IMO u
By: Captain Luis Botacio | INTERMARITIME CERTIFICATION SERVICES (ICS Class)
The discharge of untreated ballast water has been a key factor in the transfer of non-local
aquatic species that have subsequently been established and have become pests in various
parts of the world.
National regulations for controlling the spread of non-indigenous aquatic species through
ballast water management have already entered into force in most major ports and regions.
After more than 14 years of complex negotiations between Member States of the
International Maritime Organization (IMO), the International Convention for the Control and
Management of Ballast Water and Sediments (BWMC) was adopted by consensus at a Diplomatic
Conference in IMO Headquarters in London on 13 February 2004. However, it was not until the
accession of Finland on 08 September 2016 that the total number of tonnes of Contracting
States to the treaty reached 35.1441% of the world fleet , with 52 Contracting States, the Ballast
Water Management Convention (BWMC) enters into force on 8 September 2017.
The BWMC Convention applies to all ships using ballast water in international trade, except:
to. Ships not designed or constructed to carry ballast water;
b. Vessels operating only in local waters of a single authority;
c. Warships, naval auxiliaries or ships owned and operated by a State and used only in non-
commercial governmental services as provided for in article 3, paragraph 2 (d), of the Convention;
d. Vessels with sealed or permanent ballast wat