**Executive Summary**
This document is DGS Circular No. 16 of 2022, serving as Addendum 1 to DGS Circular No. 32 of 2020, and concerns the implementation of the Ballast Water Convention. It outlines the conditions under which the Directorate can permit Recognized Organizations to issue Statements of Compliance (SOC) and grant dispensations to ships operating on the Indian coast regarding Ballast Water Management Systems (BWMS). The circular is effective from August 3, 2022.
**Key Points / Main Content**
* **Statement of Compliance (SOC)**
* Recognized Organizations (ROs) can issue SOC to ships operating on the Indian coast intending to fit BWMS, prior to India acceding to the BWM Convention.
* The vessel must meet all other requirements of the BWM Convention, including discharging ballast water and meeting Regulation D1 of the Convention.
* After satisfactory survey, the ROs may issue SOC to ships required to be fitted with BWMS, meeting Regulation D2, as per renewal survey intervals.
* A declaration must be submitted stating that the vessel will remain on the Indian coast.
* The SOC validity is five (5) years or less, aligning with the timing of India's ratification of the Convention and any associated BWTS requirements.
* The SOC issued to any Indian ship engaged in international voyages must include the condition: "The Vessel shall along the Indian Coast only."
* **Dispensation for Foreign Flagged Ships**
* Foreign flagged ships operating along the Indian coast or ports or anchorages with the license granted by the Directorate may be granted dispensation from Ballast Water Management System meeting Regulation D2 of the BWM Convention for the period of license.
* Dispensation is provided when:
* The Recognized Organization has confirmed that all ballast water and sediments are removed prior to taking in or discharging Ballast Water along the Indian coast.
* Such a dispensation is granted by the Flag state of the concerned foreign flagged ship and informed to IMO on GISIS as per BWM Convention requirements.
**Impact Analysis**
**Key Stakeholders**: Indian Ships, Foreign Flagged Ships, Recognized Organizations (ROs), Directorate General of Shipping (DGS).
**Impact: Indian Ships**
* Permitted to obtain SOC from ROs before India accedes to the BWM Convention.
**Action Required**:
* Comply with all BWM Convention requirements.
* Submit a declaration to RO that the vessel will remain on the Indian coast.
**Impact: Foreign Flagged Ships**
* Possibility of obtaining dispensation from BWMS requirements, subject to meeting stipulated conditions.
**Action Required**:
* Ensure RO confirms all ballast water and sediments are removed prior to taking in or discharging Ballast Water along the Indian coast.
* Dispensation is granted by the Flag state of the concerned foreign flagged ship and informed to IMO on GISIS as per BWM Convention requirements.
**Impact: Recognized Organizations (ROs)**
* Authorized to issue SOCs to Indian ships and assess foreign flagged ships in accordance with the circular.
**Action Required**:
* Conduct surveys and issue SOCs to qualifying ships.
* Ensure ships meet all relevant BWM Convention requirements.
* Ensure the ships submit a declaration that the vessel will remain on the Indian coast
**Impact: Directorate General of Shipping (DGS)**
* Responsible for overseeing the implementation of the circular.
**Action Required**:
* Ensure Recognized Organizations (ROs) comply with the circular's provisions.
* Grant license for the foreign flagged ships operating along the Indian coast or ports or anchorages.
* Oversee the dispensation granted from Ballast Water Management System.
Key Entities Referenced
Ballast Water Convention: The International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (BWM Convention). This circular concerns the implementation of this convention for Indian ships and foreign ships in Indian waters.
DGS Circular No. 32 of 2020: The circular that this document amends. DGS Circular 32 of 2020 consolidated the requirements of the BWM Convention on Indian ships undertaking international voyages.
Directorate General of Shipping: The Indian regulatory body issuing the circular, responsible for overseeing shipping activities and enforcing relevant regulations.
Recognized Organizations: Organizations authorized by the Directorate to issue Statement of Compliance (SOC) to ships operating on Indian coast and intending to fit Ballast Water Management System.
Indian Coast: Geographic location where the directive applies; the circular addresses conditions for ships operating along the Indian Coast.
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MINISTRY OF PORTS, SHIPPING AND WATERWAYS
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DIRf,CTORATE GENERAL OF SHIIPPING, MI]MBAI
File No.'l 3-2001 l/4/2020-ENGG-DGS (c.N. 3781) Date: 03.08.2022
DGS Circular No. 16 of 2022
Subiect: Addendum 1 to DGS Circular No. 32 of 2020: Ballast Water Convention - req.
1. Whereas lndia is yet to accede to the lnternational Convention for the Control and
Management of Ships' Ballast Water and Sediments, 2004 [BWM Convention].
2. Whereas, the Directorate General of Shipping, Gol, had issued DGS Circular 32 of
2020 (Engineering) dated 03.10.2020 consolidating the requirements of the BWM Convention
on lndian ships undertaking international voyages, which may be subject to inspections by
port States that are party to BWM Convention. ;
3.
Whereas, the said circular provides that any lndian ship requiring dispensation from fitment
of Ballast Water Management System meeting Regulation D-2 till the time lndia ratifles the
BWM Convention and Rules are implemented, to apply to the Competent Authority in the
Directorate with an undertaking that during the period of dispensation the ship will always
remain on lndian coast.
4.
Whereas, the Directorate has been receiving various requests ior such dispensation.
5. Whereas, to prevent delays in dealing with such requests, the Competent Authority has
hereby decided to permit Recognized Organizations authorized by the Directorate to issue
Statement of Compliance (SOC) to ships operating on lndian coast and intending to fit Ballast
Water Management System, only after lndia accedes to the Convention, subject tothe
condition that the vessel shall meet all other requirements of BWM Convention, including
discharging ballast water and meeting Regulation D1 of the BWM Conventjon.
6.
Whereas, after satisfactory survey, the Recognized Organizations may issue SOC to those
ships, which are required to be fitted with Ballast Water Management System,
meeting Regulatron D2 as per the intervals of the renewal surveys carried out for the issuance
of the lnternational Oil Pollution Prevention Certificate, provided that a
declaration is submitted that the vessel shall remain on the Indian coast.
7.
The SOC shall be valid for a period of five (5) years or earlier, which will apply when lndia
ratifies the Convention, Rules are framed, and requirements related to BWTS, if any are
imposed.
8,
Whereas, the Recognized Organization issuing such an SOC to any lndian Ship engaged in
international voyage shall ensure following condition is included in the SOC:
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"The Vessel shall along the lndian Coast only."
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licence granted by the Directorate may be granted dispensation from Ballast Water
Management System meeting Regulation D2 of the BWI\4 Convention for the period
of licence, provided that the following conditions are satisfied, namely:
The Recognized Organization has conflrmed that all ballast water and sediments are
removed prior to taking in or discharging Ballast Water along the lndian coast and
Such a dispensation is granted by the Flag state of the concerned foreign flagged ship and
informed to IMO on GISIS as per BWM Convention requirements.
This is issued with the approval of the Director General of Shipping & Additional Secretary to
the Govt. of lndia.
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(Vikrant Rai)
E&SS-cum-DDG (Tech.)
To,
All stake-holders through DGS Website