yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제19066호                                 관              보                  2017. 8. 4.(금요일)
1. Each Party shall report to the Organization and, where appropriate, make available to other
Parties the following information:
     (a) any requirements and procedures relating to Ballast Water Management, including its
         laws, regulations, and guidelines for implementation of this Convention;
     (b) the availability and location of any reception facilities for the environmentally safe disposal
         of Ballast Water and Sediments; and
     (c) any requirements for information from a ship which is unable to comply with the
         provisions of this Convention for reasons specified in regulations A-3 and B-4 of the
         Annex.
2. The Organization shall notify Parties of the receipt of any communications under the present
Article and circulate to all Parties any information communicated to it under subparagraphs 1(b)
and (c) of this Article.
                                                Article 15
                                          Dispute Settlement
Parties shall settle any dispute between them concerning the interpretation or application of this
Convention by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional agencies or arrangements or other peaceful means of their own choice.
                                                Article 16
                     Relationship to International Law and Other Agreements
Nothing in this Convention shall prejudice the rights and obligations of any State under
customary international law as reflected in the United Nations Convention on the Law of the Sea.
                                                Article 17
                   Signature, Ratification, Acceptance, Approval and Accession
1. This Convention shall be open for signature by any State at the Headquarters of the
Organization from 1 June 2004 to 31 May 2005 and shall thereafter remain open for accession by
any State.
2. States may become Parties to the Convention by:
     (a) signature not subject to ratification, acceptance, or approval; or
     (b) signature subject to ratification, acceptance, or approval, followed by ratification,
         acceptance or approval; or
     (c) accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of an
instrument to that effect with the Secretary-General.
4. If a State comprises two or more territorial units in which different systems of law are
applicable in relation to matters dealt with in this Convention, it may at the time of signature,
ratification, acceptance, approval, or accession declare that this Convention shall extend to all its
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territorial units or only to one or more of them and may modify this declaration by submitting
another declaration at any time.
5. Any such declaration shall be notified to the Depositary in writing and shall state expressly
the territorial unit or units to which this Convention applies.
                                              Article 18
                                           Entry into Force
1. This Convention shall enter into force twelve months after the date on which not less than
thirty States, the combined merchant fleets of which constitute not less than thirty-five percent
of the gross tonnage of the world’s merchant shipping, have either signed it without reservation
as to ratification, acceptance or approval, or have deposited the requisite instrument of ratification,
acceptance, approval or accession in accordance with Article 17.
2. For States which have deposited an instrument of ratification, acceptance, approval or
accession in respect of this Convention after the requirements for entry into force thereof have
been met, but prior to the date of entry in force, the ratification, acceptance, approval or
accession shall take effect on the date of entry into force of this Convention or three months
after the date of deposit of instrument, whichever is the later date.
3. Any instrument of ratification, acceptance, approval or accession deposited after the date on
which this Convention enters into force shall take effect three months after the date of deposit.
4. After the date on which an amendment to this Convention is deemed to have been accepted
under Article 19, any instrument of ratification, acceptance, approval or accession deposited shall
apply to this Convention as amended.
                                              Article 19
                                             Amendments
1. This Convention may be amended by either of the procedures specified in the following
paragraphs.
2. Amendments after consideration within the Organization:
     (a) Any Party may propose an amendment to this Convention. A proposed amendment shall
         be submitted to the Secretary-General, who shall then circulate it to the Parties and
         Members of the Organization at least six months prior to its consideration.
     (b) An amendment proposed and circulated as above shall be referred to the Committee for
         consideration. Parties, whether or not Members of the Organization, shall be entitled to
         participate in the proceedings of the Committee for consideration and adoption of the
         amendment.
     (c) Amendments shall be adopted by a two-thirds majority of the Parties present and voting
         in the Committee, on condition that at least one-third of the Parties shall be present at
         the time of voting.
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제19066호                               관             보                  2017. 8. 4.(금요일)
   (d) Amendments adopted in accordance with subparagraph (c) shall be communicated by the
       Secretary-General to the Parties for acceptance.
   (e) An amendment shall be deemed to have been accepted in the following circumstances:
       (i) An amendment to an article of this Convention shall be deemed to have been accepted
            on the date on which two-thirds of the Parties have notified the Secretary-General of
            their acceptance of it.
       (ii) An amendment to the Annex shall be deemed to have been accepted at the end of
            twelve months after the date of adoption or such other date as determined by the
            Committee. However, if by that date more than one third of the Parties notify the
            Secretary-General that they object to the amendment, it shall be deemed not to have
            been accepted.
   (f) An amendment shall enter into force under the following conditions:
       (i) An amendment to an article of this Convention shall enter into force for those Parties
            that have declared that they have accepted it six months after the date on which it is
            deemed to have been accepted in accordance with subparagraph (e)(i).
       (ii) An amendment to the Annex shall enter into force with respect to all Parties six
            months after the date on which it is deemed to have been accepted, except for any
            Party that has:
            (1) notified its objection to the amendment in accordance with subparagraph (e)(ii)
                and that has not withdrawn such objection; or
            (2) notified the Secretary-General, prior to the entry into force of such amendment,
                that the amendment shall enter into force for it only after a subsequent
                notification of its acceptance.
   (g) (i) A Party that has notified an objection under subparagraph (f)(ii)(1) may subsequently
            notify the Secretary-General that it accepts the amendment. Such amendment shall
            enter into force for such Party six months after the date of its notification of
            acceptance, or the date on which the amendment enters into force, whichever is the
            later date.
       (ii) If a Party that has made a notification referred to in subparagraph (f)(ii)(2) notifies
            the Secretary-General of its acceptance with respect to an amendment, such
            amendment shall enter into force for such Party six months after the date of its
            notification of acceptance, or the date on which the amendment enters into force,
            whichever is the later date.
3. Amendment by a Conference:
   (a) Upon the request of a Party concurred in by at least one-third of the Parties, the
       Organization shall convene a Conference of Parties to consider amendments to this
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제19066호                               관             보                  2017. 8. 4.(금요일)
        Convention.
    (b) An amendment adopted by such a Conference by a two-thirds majority of the Parties
        present and voting shall be communicated by the Secretary-General to all Parties for
        acceptance.
    (c) Unless the Conference decides otherwise, the amendment shall be deemed to have been
        accepted and shall enter into force in accordance with the procedures specified in
        paragraphs 2(e) and (f) respectively.
4. Any Party that has declined to accept an amendment to the Annex shall be treated as a
non-Party only for the purpose of application of that amendment.
5. Any notification under this Article shall be made in writing to the Secretary-General.
6. The Secretary-General shall inform the Parties and Members of the Organization of:
    (a) any amendment that enters into force and the date of its entry into force generally and
        for each Party; and
    (b) any notification made under this Article.
                                               Article 20
                                             Denunciation
1. This Convention may be denounced by any Party at any time after the expiry of two years
from the date on which this Convention enters into force for that Party.
2. Denunciation shall be effected by written notification to the Depositary, to take effect one
year after receipt or such longer period as may be specified in that notification.
                                               Article 21
                                              Depositary
1. This Convention shall be deposited with the Secretary-General, who shall transmit certified
copies of this Convention to all States which have signed this Convention or acceded thereto.
2. In addition to the functions specified elsewhere in this Convention, the Secretary-General
shall:
    (a) inform all States that have signed this Convention, or acceded thereto, of:
        (i) each new signature or deposit of an instrument of ratification, acceptance, approval or
              accession, together with the date thereof;
        (ii) the date of entry into force of this Convention; and
        (iii) the deposit of any instrument of denunciation from the Convention, together with the
              date on which it was received and the date on which the denunciation takes effect;
              and
    (b) as soon as this Convention enters into force, transmit the text thereof to the Secretariat
        of the United Nations for registration and publication in accordance with Article 102 of
        the Charter of the United Nations.
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                                             Article 22
                                            Languages
This Convention is established in a single original in the Arabic, Chinese, English, French,
Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON this thirteenth day of February, two thousand and four.
IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments
for that purpose, have signed this Convention.
                                              ANNEX
    REGULATIONS FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST
                                   WATER AND SEDIMENTS
SECTION A - GENERAL PROVISIONS
                                          Regulation A-1
                                            Definitions
For the purposes of this Annex:
1. "Anniversary date" means the day and the month of each year corresponding to the date of
expiry of the Certificate.
2. "Ballast Water Capacity" means the total volumetric capacity of any tanks, spaces or
compartments on a ship used for carrying, loading or discharging Ballast Water, including any
multi-use tank, space or compartment designed to allow carriage of Ballast Water.
3. "Company" means the owner of the ship or any other organization or person such as the
manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship
from the owner of the ship and who on assuming such responsibility has agreed to take over all
the duties and responsibilities imposed by the International Safety Management Code1).
4. "Constructed" in respect of a ship means a stage of construction where:
    .1 the keel is laid; or
    .2 construction identifiable with the specific ship begins; or
    .3 assembly of the ship has commenced comprising at least 50 tonnes or 1 percent of the
        estimated mass of all structural material, whichever is less; or
    .4 the ship undergoes a major conversion.
5. "Major conversion" means a conversion of a ship:
    .1 which changes its ballast water carrying capacity by 15 percent or greater, or
    .2 which changes the ship type, or
    .3 which, in the opinion of the Administration, is projected to prolong its life by ten years or
        more, or

1) Refer to the ISM Code adopted by the Organization by resolution A.741(18), as amended.
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제19066호                               관             보                 2017. 8. 4.(금요일)
   .4 which results in modifications to its ballast water system other than component
        replacement-in-kind. Conversion of a ship to meet the provisions of regulation D-1 shall
        not be deemed to constitute a major conversion for the purpose of this Annex.
6. "From the nearest land" means from the baseline from which the territorial sea of the
   territory in question is established in accordance with international law except that, for the
   purposes of the Convention, "from the nearest land" off the north-eastern coast of Australia
   shall mean from a line drawn from a point on the coast of Australia in
   latitude 11°00´ S, longitude 142°08´ E
   to a point in latitude 10°35´ S, longitude 141°55´ E
   thence to a point latitude 10°00´ S, longitude 142°00´ E
   thence to a point latitude 9°10´ S, longitude 143°52´ E
   thence to a point latitude 9°00´ S, longitude 144°30´ E
   thence to a point latitude 10°41´ S, longitude 145°00´ E
   thence to a point latitude 13°00´ S, longitude 145°00´ E
   thence to a point latitude 15°00´ S, longitude 146°00´ E
   thence to a point latitude 17°30´ S, longitude 147°00´ E
   thence to a point latitude 21°00´ S, longitude 152°55´ E
   thence to a point latitude 24°30´ S, longitude 154°00´ E
   thence to a point on the coast of Australia
            in latitude 24°42´ S, longitude 153°15´ E.
7. "Active Substance" means a substance or organism, including a virus or a fungus, that has a
general or specific action on or against Harmful Aquatic Organisms and Pathogens.
                                           Regulation A-2
                                        General Applicability
Except where expressly provided otherwise, the discharge of Ballast Water shall only be
conducted through Ballast Water Management in accordance with the provisions of this Annex.
                                           Regulation A-3
                                             Exceptions
The requirements of regulation B-3, or any measures adopted by a Party pursuant to Article 2.3
and Section C, shall not apply to:
   1. the uptake or discharge of Ballast Water and Sediments necessary for the purpose of
        ensuring the safety of a ship in emergency situations or saving life at sea; or
   2. the accidental discharge or ingress of Ballast Water and Sediments resulting from damage
        to a ship or its equipment:
        .1 provided that all reasonable precautions have been taken before and after the
            occurrence of the damage or discovery of the damage or discharge for the purpose of
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제19066호                               관              보                 2017. 8. 4.(금요일)
            preventing or minimizing the discharge; and
        .2 unless the owner, Company or officer in charge wilfully or recklessly caused damage; or
    3. the uptake and discharge of Ballast Water and Sediments when being used for the
        purpose of avoiding or minimizing pollution incidents from the ship; or
    4. the uptake and subsequent discharge on the high seas of the same Ballast Water and
        Sediments or
    5. the discharge of Ballast Water and Sediments from a ship at the same location where the
        whole of that Ballast Water and those Sediments originated and provided that no mixing
        with unmanaged Ballast Water and Sediments from other areas has occurred. If mixing
        has occurred, the Ballast Water taken from other areas is subject to Ballast Water
        Management in accordance with this Annex.
                                           Regulation A-4
                                             Exemptions
1. A Party or Parties, in waters under their jurisdiction, may grant exemptions to any
requirements to apply regulations B-3 or C-1, in addition to those exemptions contained
elsewhere in this Convention, but only when they are:
    .1 granted to a ship or ships on a voyage or voyages between specified ports or locations;
        or to a ship which operates exclusively between specified ports or locations;
    .2 effective for a period of no more than five years subject to intermediate review;
    .3 granted to ships that do not mix Ballast Water or Sediments other than between the
        ports or locations specified in paragraph 1.1; and
    .4 granted based on the Guidelines on risk assessment developed by the Organization.
2. Exemptions granted pursuant to paragraph 1 shall not be effective until after communication
to the Organization and circulation of relevant information to the Parties.
3. Any exemptions granted under this regulation shall not impair or damage the environment,
human health, property or resources of adjacent or other States. Any State that the Party
determines may be adversely affected shall be consulted, with a view to resolving any identified
concerns.
4. Any exemptions granted under this regulation shall be recorded in the Ballast Water record
book.
                                           Regulation A-5
                                       Equivalent compliance
Equivalent compliance with this Annex for pleasure craft used solely for recreation or competition
or craft used primarily for search and rescue, less than 50 metres in length overall, and with a
maximum Ballast Water capacity of 8 cubic metres, shall be determined by the Administration
taking into account Guidelines developed by the Organization.
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SECTION B - MANAGEMENT AND CONTROL REQUIREMENTS FOR SHIPS
                                          Regulation B-1
                                 Ballast Water Management Plan
    Each ship shall have on board and implement a Ballast Water Management plan. Such a
plan shall be approved by the Administration taking into account Guidelines developed by the
Organization. The Ballast Water Management plan shall be specific to each ship and shall at
least:
    1. detail safety procedures for the ship and the crew associated with Ballast Water
        Management as required by this Convention;
    2. provide a detailed description of the actions to be taken to implement the Ballast Water
        Management requirements and supplemental Ballast Water Management practices as set
        forth in this Convention;
    3. detail the procedures for the disposal of Sediments:
        .1 at sea; and
        .2 to shore;
    4. include the procedures for coordinating shipboard Ballast Water Management that involves
        discharge to the sea with the authorities of the State into whose waters such discharge
        will take place;
    5. designate the officer on board in charge of ensuring that the plan is properly
        implemented;
    6. contain the reporting requirements for ships provided for under this Convention; and
    7. be written in the working language of the ship. If the language used is not English,
        French or Spanish, a translation into one of these languages shall be included.
                                          Regulation B-2
                                    Ballast Water Record Book
1. Each ship shall have on board a Ballast Water record book that may be an electronic record
system, or that may be integrated into another record book or system and, which shall at least
contain the information specified in Appendix II.
2. Ballast Water record book entries shall be maintained on board the ship for a minimum
period of two years after the last entry has been made and thereafter in the Company’s control
for a minimum period of three years.
3. In the event of the discharge of Ballast Water pursuant to regulations A-3, A-4 or B-3.6 or
in the event of other accidental or exceptional discharge of Ballast Water not otherwise exempted
by this Convention, an entry shall be made in the Ballast Water record book describing the
circumstances of, and the reason for, the discharge.
4. The Ballast Water record book shall be kept readily available for inspection at all reasonable
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