REVISTA MARITIMA AVILA GROUP - 10 ANIVERSARIO MARITIMA AVILA GROUP-Web (1) | Page 22

22 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