To: P&I Clubs and Shipowners – Ukrainian Ballast Regulation Update, September 2019
We
have
to
notify
that
Ukrainian
Government
adopted
changes
to
new
ballast
regulations
-
“The
Rules
of
Protection
of
Inland
Sea
Waters
and
Territorial
Waters
from Littering and Polluting” which entered into legal force 28 April 2019.
By
means
of
this
Regulation
the
control
of
segregated
ballast
waters
on
the
seagoing
ships
in
Ukrainian
ports
was
cancelled
and
Government
of
Ukraine
has
adopted
the
Regulation
on
Inspection,
Taking
Samples
of
Water
and
Conducting
its
Analysis,
which
has
been
approved
by
the
Government's
Resolution
#828
on
21.08.2019.
As
per
new
ballast
regulations
samples
of
water
should
be
taken
in
the
place
of
pollution
in
2
(two)
copies.
The
ISO
standard
(incorporated
by
Ukraine)
5667-
6:2009
"Water
Quality.
Samples
Taking.
Section
6.
Guidelines
on
taking
water
samples
from
rivers"
or
ISO
standard
5667-9:2005
"Water
Quality.
Samples
Taking.
Section
9.
Guidelines
on
taking
samples
of
sea
water"
should
applied
by
authorities
while taking samples.
Sampling
on
board
of
the
vessel
should
be
conducted
by
the
ecological
inspection
in
the
presence
of
the
representative
of
the
Maritime
Administration, the Master (or another duly authorized person) and the agent (upon his consent).
Samples
of
water
on
board
should
be
taken
in
3
(three)
copies.
Each
sample’s
copy
should
be
in
volume
over
3
dm3,
i.e.
three
plastic
bottles
per 1 dm3 for each sample and allocated into the clean bottle for further transportation to the laboratory and conducting its analysis.
Taking of ballast samples for examination of its oil content should be performed into glass bottles only with the volume over 0.5 dm3 for each
sample. The tare with samples of water should be closed and sealed.
The
tare
should
be
accompanied
with
special
label
indicating
the
vessel’s
name,
date/time
of
sampling,
place
of
taking
samples,
number
of
samples,
signatures
of
the
representative
of
the
Maritime
Administration,
the
ecological
inspection
and
the
Master.
The
first
sample
of
water
samples
shall
remain
on
board
(to
be
transferred
to
the
Vessel's
Master);
the
second
copy
should
be
delivered
to
the
Maritime
Administration;
third
copy should be delivered to laboratory. All notes and remarks related to the process of taking samples should be fixed in the Act of Taking Samples.
Based
on
current
practice
of
inspections
and
court
legal
practice
of
settlement
the
ballast
cases
we
prepared
our
recommendations
concerning to the Shipowners’ defense in ballast cases.
Please find P&I Correspondents' recommendations in case of ballast inspection at Ukrainian ports:
- To notify in advance P&I Correspondent to instruct P&I surveyor for attendance onboard together with ecological authorities;
-
To
explain
ecologists
that
vessel
is
equipped
by
ballast
system
which
is
in
line
with
MARPOL
73/78
and
attach
the
class
Certificate,
so
vessel's
segregated ballast is not subject of inspection;
- Ballast Exchange Forms should be completed accurately and correctly;
-
All
ship’s
ballast
tanks
should
be
well-maintained,
the
samples
of
the
ballast
water
should
be
taken
from
each
tank
according
to
the
Reports
of Ballast Waters Operations except the tanks whose ballast has been de-ballasted or whose ballast is not intended for deballasting.
-
Taking
of
samples
on
board
of
the
vessel
should
be
executed
in
the
places
designated
for
that
purpose
by
the
vessel's
plans
according
to
the
nature
of
pollution
(solely
in
respect
of
the
substances,
which
caused
the
pollution
of
the
water
area
according
to
the
Act
of
Inspection
of
Water
Quality) with taking into account constructive peculiarities of the vessel;
- Sampling onboard the vessel should be performed by using of clean capacity (basket, drum), which surface is chemically resistant;
-
To
instruct
marine
lawyers
to
be
on
standby;
-
Vessel’s
Crew
on
duty
performs
24
hours
monitoring
of
water
surface
around
the
vessel
and
during
de-ballasting,
to
take
video
with
dates,
photos,
if
possible;
-
Ship's
administration
should
maintain
a
control
of
working
condition
of
ballast
tanks, pipelines, valves, gears, clinkets and relevant ballast equipment onboard;
-
To
avoid
taking
ballast
at
non-designated
tanks
and
avoid
connections
with
other
tanks
which
are
not
designated
for
these
purposes,
so
only segregated ship's ballast is not a subject of mandatory sampling/analysis under local ballast regulations;
-
Vessels
without
segregated
ballast
system
will
be
under
control
of
ecological
inspectors
in
each
port,
therefore
ballast
that
is
in
the
ballast
tanks
should
be
completely
segregated
and
separated
from
all
the
shipborne
systems
(e.g.,
fuel-injection
system,
cargo
oil
handling
system,
sanitary
flushing system, etc.);
-
To
maintain
a
close
contact
between
P&I
Club,
Shipowners,
P&I
Correspondent,
ship's
agent
and
P&I
surveyor
and
do
not
sign
or
complete
any documents, protocol submitted by the Ecological inspection until P&I surveyor or ship's agent are present;
- To arrange Master’s Letter of Protest and lodge it via the ship's agent to Ecologists' Office;
-
After
sailing
the
vessel
if
fine
was
imposed
to
arrange
an
appeal
the
fine
through
appropriate
court
procedure
even
after
imposed
and
settlement the fine.
Hope our comments would be helpful. 25, October 2019, Odessa, Ukraine
