Starting 21 August 2024, Santos Port Authority requires all ships to produce a statement of compliance with the ballast water regulations issued by an accredited private company, in addition to the current requirements under the BWM Convention, the NorthStandard informs.
According to Correspondent Proinde the “International Convention for the Control and Management of Ships’ Ballast Water and Sediments” (BWM Convention), adopted by the International Maritime Organization (IMO) in 2004, seeks to control and manage ballast water and sediments to prevent the spread of potentially harmful aquatic organisms and pathogens.
New requirements by the Santos Port Authority
On 11 April 2024, the APS issued its new regulation titled “Standard for Control of Management and Conformity of Ballast Water from Ships Operating in the Organised Port of Santos“, coded NAP.SUMAS.OPR.023.2024. This regulation mandates that a private company accredited by the port authority must attest that a ship complies with the ballast water regulations under the BWM Convention.
In addition to statements of compliance issued by classification societies, APS now demands licensed companies to issue their statements of compliance (referred to as AC-BWM) stating whether the vessel’s BWMS has been “approved” or “disapproved”. Under the regulation, apart from the obligation to upload documents on the PSP system, the agents must email the ballast water-related documentation directly to the licensed company, which will have 24 hours to analyse the case and issue the AC-BWM for the agents to upload on the PSP, allowing the ship to obtain permission from the port authority to enter the port and berth.
Enforcement
Regulation NAP.SUMAS.OPR.023.2024 will take effect on 21 August 2024. Any ship that does not produce an approved or failed AC-BWM will not be permitted to dock at port facilities within the jurisdiction of the APS. Shipowners and operators are entitled to challenge APS’ disapproval of AC-BWM through the adversarial system, with full defence rights, either administratively or judicially.
Grace period
During the 12 months following the publication of the new regulation, vessels with failed AC-BWM will be allowed to enter the port and operate normally as long as they meet the requirements set out by other relevant authorities. As the port authority, APS will report non-conformities to the Port Captaincy for appropriate action.
Licensed service providers and price
The new regulation establishes criteria and conditions for companies to be qualified by the APS to provide ballast water compliance-checking services. The prices charged are freely agreed upon between service providers; however, the port authority may intervene to repress actions that may potentially offend the principles of free and fair competition and economic order.
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Source: North Standard
