EMSA s Revised Ballast Water Action Programme. - a report to the European Commission

Transcription

1 EMSA s Revised Ballast Water Actin Prgramme - a reprt t the Eurpean Cmmissin 1

2 Cntents Executive Summary 3 1. Intrductin 4 2. Risk Assessment 4 3. System Apprval/Bicides Directive 5 4. Ballast Water Sampling 6 5. Other Technical Issues 8 6. General Issues 9 7. Cnclusins 10 Annex 1: Original prpsals fr a Eurpean Actin Plan n 11 Ballast Water in the EMSA nte f the 3/4/2009 Page 2

3 Executive Summary Fllwing extensive discussin with the Eurpean Cmmissin and the EU Member States, EMSA has develped a wrk prgramme t begin adding value t the wrk f these States during their preparatins fr ratifying the BWM Cnventin, and their wrk in develping interim ballast water management strategies in the Reginal Sea Cnventins. This wrk prgramme cnsists f 9 Actins as highlighted belw. EMSA will 1. Prepare a review f the Ballast Water Risk Assessment Methdlgies and the different ballast water management measures available t the Member States and the Reginal Sea Cnventins; 2. Review the need fr further guidance n: data cllectin n ship s ballast water exchange and n invasive species in prts; the granting f exemptins; and, the identificatin and implementatin f additinal measures, fllwing the cmpletin f Actin 1; 3. Prduce a jint briefing nte (EMSA/DG Envirnment/DG TREN) n the relatinship between apprval fr ballast water technlgies that use active substances under the Bicides Directive, the prpsed Bicides Regulatin and the Ballast Water Management Cnventin s Guidelines; 4. Hst a wrkshp t identify hw a jint EU ballast water sampling strategy can be develped; 5. Investigate hw funding can be btained t Develp a technical c-peratin and shrt term secndment prgramme t enhance chesin and parity n ballast water sampling and analysis within the Member States ; 6. Investigate hw ballast water management infrmatin and best practice can be shared electrnically between all Member States; 7. Actively participate in the Nrth Sea Ballast Water Opprtunity prject; 8. Maintain liaisn with DG Envirnment and the EEA ver the intrductin f nnindigenus species thrugh ballast water discharge, t ensure that the there is cntinuity between this Actin Plan and the Eurpean Cmmunities wrk in this area. EMSA will als react t requests fr input int these prgrammes when necessary; and, 9. Maintain a watching brief n develpments at the IMO and within the Member States, and cntribute t the imprtant wrk f the Reginal Sea Cnventins. EMSA, thrugh the Eurpean Cmmissin, will als react t requests fr input int these prgrammes when necessary. These actins are explained in mre detail in this reprt, and targets fr utput and timescales are als prvided. The cst implicatins fr each actin are als analysed. 3

4 1. Intrductin On the 10 th and 11 th Nvember 2008, EMSA ran a wrkshp entitled: Implementing the Ballast Water Management Cnventin (BWM) the EU dimensin. At this wrkshp the Member States suggested an extensive list f activities that culd be undertaken at the Eurpean level t help them ratify the IMO Ballast Water Cnventin, and cntribute t the interim ballast water management strategies being develped by the fur Reginal Sea Cnventins surrunding Eurpe. The feasibility f these prpsals were assessed and analysed by EMSA in rder t prpse a list f actins that culd be undertaken. The results f this analysis were then submitted as a 10 pint Actin Plan t DG TREN and DG ENV in a nte dated 3 rd April 2009 (Ref: B.3/HRI /2009/543) (hence referred t as the EMSA Nte ). This Actin Plan is cntained in Annex 1 fr infrmatin. EMSA received a respnse t this nte frm the Directrs f DG ENV/B, DG ENV/D and DG TREN/G n the 27 th July 2009 (ENV/TREN D(2009) ) (hence referred t as the EC Nte ). This dcument revises the Prpsed Actin Plan in respnse t the EC nte, and therefre cntains a new ballast water actin prgramme which will fcus EMSA s wrk ver the next few years. 2. Risk Assessment/Ballast Water Management Optins A) Review f Risk Assessment and Ballast Water Management Methds EMSA agrees that ne dcument cntaining a review f risk assessment methdlgies (Ptential Actin (PA) 1 in the EMSA nte) and a review f different management measures available t the Member States (PA 3 in the EMSA nte), is bth necessary and prudent. Such a review will nt nly prvide valuable infrmatin t the Member States, but will als link int their wrk in the Reginal Sea Cnventins. Actin 1: EMSA will prepare a review f the Ballast Water Risk Assessment Methdlgies and the different management measures available t the Member States. Output: ne review dcument prviding technical analysis f: the risk assessment prcedures being emplyed t infrm castal states f the risks psed by ballast water discharges; hw this infrmatin is used t justify vluntary management measures, exemptins and additinal measures (as described in the BWM Cnventin); and, the ballast water management ptins (be they vluntary measures thrugh the Reginal Sea Cnventins, r mandatry measures thrugh the BWM Cnventin) available t castal states, their pr s and cn s and hw they can be used tgether in the reginal cntext. Timescale: final reprt by June 2010, t be submitted t the Eurpean Cmmissin, the Member States and the Reginal Sea Cnventins. B) Further Guidance As suggested in PA 2 in the EMSA nte, the develpment f guidance n: 4

5 data cllectin n ship s ballast water exchange and n invasive species in prts thrughut the regin (building n existing wrk, knwledge and survey regimes); the granting f exemptins; and, the identificatin and implementatin f additinal measures; may r may nt be needed nce the risk assessment/management measures review has been cmpleted. This wuld depend n many issues, including: the final extent f the review included in Actin 1; the extent that these issues had been addressed by the Member State and the Reginal Sea Cnventins; the extent f develpments under the Cmmissin's Cmmunicatin and Bidiversity Actin Plan and the Cnclusins f the Envirnment Cuncil f 25 June 2009; the extent f the c-rdinatin between the wrk f the fur Reginal Sea Cnventins; and, the extent f EMSA s wrk in this c-rdinatin. Therefre, EMSA will review this actin pint nce Actin 1 has been cmpleted. Actin 2: EMSA t review the need fr further guidance n: data cllectin n ship s ballast water exchange and n invasive species in prts; the granting f exemptins; and, the identificatin and implementatin f additinal measures, fllwing the cmpletin f Actin 1. Output: EMSA t undertake a shrt review f the need t prepare further guidance n these issues. Timescale: findings f the shrt review f fllw n actins fllwing the cmpletin f Actin X, t be submitted t the Eurpean Cmmissin in July C) Lng Distance Shipping The EU Member States with a Mediterranean castline, thrugh REMPEC, have begun t frmulate vluntary guidance fr lng distance shipping similar t that already existing fr the OSPAR Cmmissin and the Helsinki Cmmissin. Therefre, the need t identify preventive management measures fr lng distance shipping entering, leaving and navigating thrugh the waters f Member States (PA 4 in the EMSA nte) n lnger exists. Additinally, c-rdinatin between the different ballast water management systems being develped by the Reginal Sea Cnventins that was freseen in this Actin Pint will be achieved thrugh the wrk cntained in Actin 1. Further Actin: Nne 3. System Apprval/ Bicides Directive Further t the publicatin f the Prpsal fr a Regulatin cncerning the placing n the market and use f bicidal prducts by DG Envirnment n the 12/06/2009, and after discussins with Member States at the recent IMO MEPC 59 meeting, EMSA in cnjunctin with DG Envirnment have re-evaluated PA 5 in the EMSA nte. As a result it has been agreed that a Jint EMSA/DG Envirnment/DG TREN nte shuld be prduced highlighting the links between, 5

6 and the prcess fr, apprving ballast water management technlgies that use active substances under the Bicides Directive/Regulatin and the BWM Cnventin: at the present time; in the future - based n the prpsals in the new Bicide Regulatin cmes int frce; and, in the future - if the Cnventin cmes int frce after the new prpsed Regulatin. Actin 3: EMSA t liaise with DG Envirnment/DG TREN in rder t prduce a jint briefing nte n the relatinship between apprval fr ballast water technlgies that use active substances under the Bicides Directive/prpsed Regulatin and the BWM Cnventin s Guidelines. Output: ne Briefing Nte fr the Member States and the ballast water treatment technlgy manufacturers. Timescale: Wrk already started, draft nte by Nvember 2009, final nte by January Ballast Water Sampling A) The develpment f an EU ballast water sampling strategy Sampling fr enfrcement is prbably the majr issue that still has t be addressed by many Member States befre they can ratify the BWM Cnventin. Therefre, EMSA agrees with the Eurpean Cmmissin s view that the develpment f a jint EU sampling (strategy) wuld be a valuable cntributin t easing the ratificatin prcess fr thse Member States still t ratify the Cnventin. After discussin with ballast water sampling experts, the prpsal in PA6 f the EMSA nte has been revised s that the need t fund an external feasibility study has been reevaluated. EMSA will utilise its existing in-huse prcedure t begin the prcess, by develping a strategy thrugh ur technical wrkshp prgramme. This wrkshp will have the fllwing bjectives: t review the existing prtcls and ptins fr ballast water sampling; t identify the range f prblems that Member States have with respect t sampling; t specifically identify the prblems that are encuntered when develping sampling prtcls that prvide statistically sund results indicative f the whle ballast water discharge; t identify the prblems that exist in Member States regarding the translatin f the sampling prtcl results int evidence that will secure a prsecutin under the BWM Cnventin, specifically with respect t sampling errr; and, t identify future wrk t vercme these prblems. Invitees t this wrkshp will include experts in ballast water sampling, ballast water analysis, prt state cntrl, statistics and legal issues frm bth the industry and the Member States. This wrkshp culd then be fllwed up with discussin papers, Member State questinnaires and further analysis t enhance and prgress the cnclusins f the meeting. Additinally this wrkshp may identify that further research at the Eurpean level is needed. Therefre, there may be sme future funding requirements at this stage but EMSA will lk int hw this can be met, if necessary, after the wrkshp. It shuld be nted that this wrkshp will nt verlap the wrk being undertaken in the Nrth Sea Ballast Water Opprtunity being funded by Interreg. 6

7 In additin EMSA has prpsed t rganise training fr the Member States n Best Practice in implementing the BWM Cnventin thrugh EMSA s Cnsultative Netwrk n Technical Assistance. In due curse, the results f the wrkshp and the develpment f a jint EU ballast water sampling strategy culd therefre significantly cntribute t this training prpsal and the training f Member States n enfrcement practices fr the BWM Cnventin. Actin 4: EMSA will hst a wrkshp t identify hw a jint EU ballast water sampling strategy can be develped. Output: 1. Backgrund dcument n sampling; 2. EMSA Wrkshp n Ballast Water Sampling; 3. Reprt n the Wrkshp s cnclusins; 4. Further wrk t enhance and prgress the Wrkshp s cnclusins; 5. Reprt t the Cmmissin n hw a jint EU ballast water sampling strategy can be develped based n the Cnclusins f this meeting; 6. Training by EMSA fr Member States n Ballast Water Issues, t include Ballast Water enfrcement; and, 7. Further wrk as agreed. Timescale: 1. Backgrund dcument n Sampling end f December 2009; 2. EMSA Wrkshp n Ballast Water Sampling February 2010; 3. Reprt n the Wrkshp s cnclusins - March 2010; 4. Further wrk t enhance and prgress the Wrkshp s cnclusins February t August 2010; 5. Reprt t the Cmmissin n hw a jint EU ballast water sampling strategy can be develped Octber 2010; 6. Training by EMSA fr Member States n Ballast Water Issues, t include Ballast Water enfrcement 2010/2011; and, 7. Further wrk as agreed - beynd 2010, if agreed and if funding is btained. Extra Resurces Needed: nne, csts, until pint 6 n the Timescale, can be cvered frm existing budgets. B) Technical C-peratin As pinted ut by the Eurpean Cmmissin, the prpsals in PA7 f the EMSA nte, t Develp a technical c-peratin and shrt term secndment prgramme t enhance chesin and parity n ballast water sampling and analysis within the Member States, will need significant amunt f funding. Hwever, this wuld nly be needed nce the EU ballast water sampling strategy has been finalised. Therefre EMSA will begin t identify the need fr, and the feasibility f develping such a scheme and identifying the ptential csts and surces f funding fr it. A prpsal will then be develped and submitted t the Eurpean Cmmissin, identify hw this actin pint can be achieved. This Actin als cvers PA8 in the EMSA nte. Actin 5: EMSA t investigate hw funding can be btained t Develp a technical c-peratin and shrt term secndment prgramme t enhance chesin and parity n ballast water sampling and analysis within the Member States Output: Study int the need fr, and the feasibility f a technical c-peratin and shrt term secndment prgramme and research int funding pprtunities fr training fr EU Member States. Timescale: 1. Questinnaire t Member States t gather data fr a feasibility study - August 2010; 2. Feasibility Study - Nvember 2010 t January 2011; and, 7

8 3. Research int funding pprtunities nging. Extra Resurces Needed: nne, preliminary csts fr the internal Feasibility Study can be cvered frm existing budgets. Hwever, additinal funding will be needed if this scheme cmes t fruitin. 5. Other Technical Issues A) EMSA-based electrnic infrmatin prtal. An EMSA-based cmputer infrmatin prtal is an imprtant methd f sharing best practice and reginal measures between the Member States as reflected in the develpment f PA9 in the EMSA nte. This is already being develped in the Nrth Sea Regin thrugh the Nrth Sea Ballast Water Opprtunity, which will in time have a significant amunt f technical infrmatin n ballast water issues n the internet. Hwever, this scheme nly cvers 6 f the 27 Member States and in EMSA wuld need t facilitate infrmatin flw between all Member States, EMSA and the Eurpean Cmmissin. EMSA envisage that such a system wuld: prvide a dedicated page fr each Member State and the Eurpean Cmmissin t uplad and share dcuments n strategy, legislatin and guidance being develped by their Maritime Administratin, with passwrd access and update alerts fr ther users; prvide a user frum fr the Member States and the Eurpean Cmmissin t pse any questin r prblems they have n ballast water management r the develpment f legislatin t ther users f the system, r ask fr best practice slutins t issues they may be encuntering (Please nte this frum wuld nt be used t prvide central advice n implementatin, but t share best practice and facilitate implementatin flw); and be an integral part f the EMSA Website. EMSA have already discussed this issue with their webmaster and are preparing an internal prject request t pursue this Actin. Whatever the result, the EMSA prtal has t be linked t, and be cmplimentary t, the Nrth Sea Ballast Water Opprtunity Website. Actin 6: EMSA t investigate hw infrmatin and best practice can be shared electrnically between all Member States. Output: 1. Prject request t EMSA s Cmmunicatin and Infrmatin & Cmmunicatins Technlgies Sectrs; 2. Prtal develpment; and 3. Prtal launch. Timescale: Prject Request t EMSA s Cmmunicatin and Infrmatin & Cmmunicatins Technlgies Sectrs by December 2009, perative prtal scheme in place by Summer/Autumn 2010 (depending n internal respnse). Extra Resurces Needed: nne at present, additinal csts may be necessary depending n the final scheme. Cst will becme apparent after prject request t EMSA s Cmmunicatin and Infrmatin & Cmmunicatins Technlgies Sectrs. B) Nrth Sea Ballast Water Opprtunity EMSA has already begun t liaise and interact with this prject and will cntinue t d s. Althugh nt a full partner in the prject, EMSA has been invited t participate in the Prject s Steering Cmmittee, and is fully supprtive f the prject s aims and bjectives. 8

9 Actin 7: EMSA t actively participate in the Nrth Sea Ballast Water Opprtunity prject. Output: EMSA t mnitr develpments in this prject, help share the infrmatin prvided with this prject with ther Member States and attend the annual meetings f this prject. EMSA will als reprt regularly t the Eurpean Cmmissin (thrugh Missin Reprts and specific briefings - as necessary) n the prjects develpment. Timescale: Onging 6. General Issues A). Twards a Strategy n Invasive Species EMSA is fully aware f the Cmmunicatin frm the Cmmissin Twards a Strategy n Invasive Species (COM (2008) 789 f the 18/12/2008). The relevant sectins f DG Envirnment were extensively cnsulted with prir t the EMSA wrkshp in Nvember 2008, and their wrk was reprted t the Member States at this event. EMSA realises that the intrductin f nn-indigenus species thrugh ballast water discharge is nly ne element within this strategy, but als recgnise that there are many parallels and synergies when cnsidering the management f ballast water and ther intrductin vectrs in the marine envirnment, such as bifuling and aquaculture. Fr example: the risk assessment prcedures being develped t identify high risk ballast water mvements, use the same bilgical principles and baselines that apply t the assessment f high risk actins in ther industries and fr ther vectrs. Therefre, EMSA regards the wrk in this actin prgramme as imprtant nt nly fr Member States t help them ratify the Cnventin and cntribute t wrk f the Reginal Sea Cnventins, but als t help the Eurpean Cmmissin achieve the aims and bjectives f the Cmmissin's Cmmunicatin and Bidiversity Actin Plan; and, Cnclusins f the Envirnment Cuncil f 25 June As such EMSA will cntinue liaising with DG Envirnment n this matter t ensure that the Agency s wrk n ballast water is fully integrated and cmplimentary with their wrk in this area. EMSA has als frged links with, and cntributed t, the Eurpean Envirnment Agency s (EEA) feasibility study n the develpment f an Early warning system n Invasive Alien Species. Actin 8: EMSA will maintain a liaisn with DG Envirnment and the EEA ver the intrductin f nn-indigenus species thrugh ballast water discharge, t ensure that the there is cntinuity between the different wrk prgrammes. EMSA will als react t requests fr input int these prgrammes when necessary. Output: respnding t requests fr input as required. Timescale: nging, thrughut the duratin f EMSA s Ballast Water Actin Prgramme. B) EMSA invlvement at IMO and in the Reginal Sea Cnventins. EMSA recgnises that any tasks undertaken within this Ballast Water Actin Prgramme shuld remain cmplementary t thse f the Member States wh have ratified, r are preparing t ratify, the IMO Ballast Water Cnventin. All f the prpsals in ur nte f the 3 rd April 2009 riginated frm suggestins made by the Member States at EMSA s wrkshp in Nvember EMSA als acknwledges the imprtance f reginal cperatin between Member States 9

10 t ensure cnsistency f apprach and effectiveness f management interventins. As such we will cntinue t maintain a watching brief n develpments at the IMO and within the Member States, and cntribute t the imprtant wrk f the Reginal Sea Cnventins in rder t imprve c-rdinatin between stakehlders and help the Member States t prepare fr ratificatin. Actin 9: EMSA will maintain a watching brief n develpments at the IMO and within the Member States, and cntribute t the imprtant wrk f the Reginal Sea Cnventins. EMSA, thrugh the Eurpean Cmmissin, will als react t requests fr input int these prgrammes when necessary. Output: prviding technical expertise n Ballast Water issues as apprpriate and respnding t requests fr technical assistance frm Member States and the Reginal Sea Cnventins as required. An Annual Reprt will be prepared in January each year, n the latest situatin in Eurpe, fr distributin t all stakehlders. Timescale: nging, thrughut the duratin f EMSA s Ballast Water Actin Prgramme. C. Infrmatin Sharing Thrughut the develpment f this actin plan EMSA will regularly prvide updates t the Member States and the Eurpean Cmmissin thrugh Ballast Water Management Briefings and regular s. 7. Cnclusins These 9 Actins have been identified as key areas in which EMSA and the Eurpean Cmmissin can add significant value t the Member States during their preparatins fr ratifying the BWM Cnventin, and their wrk in develping interim strategies in the Reginal Sea Cnventins. Presently the wrk arising frm these actins can be incrprated within existing budgets, hwever this may change in the future when specific actins r research is identified thrugh liaisn with Member States and the Cmmissin, r discussin is held with ther technical experts in EMSA. When this arises EMSA will attempt t find surces f additinal funding t meet these actins. EMSA will als limit their wrk n this issue t that related directly t ship peratins, althugh it shuld be recgnised that sme issues may be relevant, r cmplimentary t, ther areas f the Eurpean Cmmissin s wrk. If this is the case EMSA will ensure that the relevant sectins f the Eurpean Cmmissin are fully infrmed and cnsulted. 10

11 Annex 1: Original prpsals fr a Eurpean Actin Plan n Ballast Water in the EMSA nte f the 3/4/2009 Shrt Term Prpsals within ne year f the Actin Plan being agreed Ptential Actin (PA) 1: Undertake a review f the risk assessments being utilised in ballast water management and analyse the apprpriateness f each t the specific gegraphy, gemrphlgy and shipping patterns in Eurpe; PA 3: Undertake a review f the different management measures available t the RSO Interim Strategies and the Member States, identifying cmmn themes and prblems and ways t vercme thse prblems, whilst addressing the pprtunities/cnstraints fr actin when n management measures are available; PA 4: Identificatin f preventive management measures at the Eurpean Unin level, in cnjunctin with PA1, in rder t reduce the ptential risk f intrductins frm lng distance shipping entering, leaving and navigating thrugh the waters f Member States and frm shipping navigating between the RSO Interim Strategies being develped by Member States; PA 5: Develpment f a Crrespndence Grup t: Clarify the relatinship between the Bicide Directive and the IMO s G9 Guidelines, identifying and vercming any practical implementatin prblems and cncerns; PA 8: Identify pprtunities fr btaining funding fr research attached t these prpsals, bth within and external t the Eurpean Cmmissin; PA 9: Identify pprtunities fr prmting infrmatin exchange thrugh a Eurpean hsted web based ballast water prtal. PA 10: Maintain a watching brief n the Nrth Sea Ballast Water Opprtunity Prject t ensure that synergies are develped between the NSBWO and the prpsals in this dcument and that the tw prjects d nt verlap. Medium Term Prpsals within ne and a half years f the Actin Plan being agreed PA 2: Based n the findings f PA 1, if necessary, develp guidance n: data cllectin n ship s ballast water exchange and n invasive species in prts thrughut the regin (building n existing wrk, knwledge and survey regimes); the granting f exemptins; and, the identificatin and implementatin f additinal measures; PA 6: Undertake a feasibility study n whether and hw Eurpean Unin wide guidance n sampling fr enfrcement can be develped. Medium t Lng Term Prpsals within tw years f the Actin Plan being agreed PA 5: Develpment f a Crrespndence Grup t: Identify ways t assess the issue f the ptential effect f many ships discharging treated ballast water frm apprved treatment systems in an enclsed area, with respect t the effects f elevated residual chemicals. PA 7: Develp a technical c-peratin and shrt term secndment prgramme t enhance chesin and parity n ballast water sampling and analysis within the Member States. 11