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Amendment of Ukrainian legislation relating to ballast waters inspection

18 сентября : en 3617 сентября : en 1419 сентября : en 8 всего: 8817.09.19

Dear Interlegal clients,
 
Please be informed that in third quarter of 2019 year significant changes of Ukrainian legislation, governing inspections of ballast waters, their sampling and analysis have taken place.
 
In particular, on:
- 17th of July, 2019, Procedure for cooperation between the State Enterprise “Ukrainian Sea Ports Authority” and the State Ecological Inspection on facilitating compliance with the law on natural environmental safety, in case of detecting the cases of contaminant discharge from vessels (floating craft) within the sea port water area was approved by the Resolution of the Cabinet of Ministers of Ukraine No.670;
- 21st of August, 2019, Procedure on Inspection, Water Samples Taking and Performing of Their Analysis was approved by the Resolution of the Cabinet of Ministers of Ukraine No.828.
 
Procedure for cooperation between the State Enterprise “Ukrainian Sea Ports Authority” and the State Ecological Inspection on facilitating compliance with the law on natural environmental safety, in case of detecting the cases of contaminant discharge from vessels (floating craft) within the sea port water area is in effect since 31st of July, 2019.
 
Procedure on Inspection, Water Samples Taking and Performing of Their Analysis is in effect since 05th of September, 2019.
 
Please find below brief summary of both Procedures and comparative analysis of their provisions with prior Ukrainian legislation.
 
As to provisions of the Procedure for cooperation between the State Enterprise “Ukrainian Sea Ports Authority” and the State Ecological Inspection on facilitating compliance with the law on natural environmental safety, in case of detecting the cases of contaminant discharge from vessels (floating craft) within the sea port water area.
 
Sea Port Authority, in case of detecting visible traces of oil, oil-containing or other contaminants in the sea port water area, shall immediately:
- fix visible traces of oil, oil-containing or other contaminants in the sea port water area by means of photo or video;
- notify the State Ecological Inspectorate on detected facts;
- take samples of water quality background values in the sea port water area, followed by an immediate analysis.
 
State Ecological Inspectorate shall:
- investigate the sea port water area at the point of pollution;
- take water samples at the point of pollution in the sea port water area;
- perform analysis of water samples taken at the point of pollution in the sea port water area.
 
Both sampling of water quality background values in the sea port water area and that at the point of pollution in the sea port water area shall be performed in accordance with the Procedure of inspection, water sampling and its analysis, as prescribed by Clause 51 of the Rules for preventing internal waterways and the territorial sea of Ukraine from pollution, approved by the Resolution of the Cabinet of Ministers of Ukraine No.269 dd. the 29th of February 1996.
 
The fact of water quality deterioration in the sea port water area shall be detected by means of comparing water samples taken at the point of pollution in the sea port water area and water quality background values in the sea port water area, taken by the Sea Port Authority, where the Water Quality Inspection Certificate shall be drafted.
 
Sea Port Authority shall notify immediately as Vessel Master and Maritime Agent so State Ecological Inspectorate on the fact of water quality deterioration in the sea port water area and on feasible grounds to believe that the Vessel is a pollution source.
 
Sea Port Authority shall serve a written notification to Vessel Master, the fact of receiving shall be certified by the Vessel Master’s signature on the above notification copy.
 
Maritime Agent shall be notified by means of a telephone message and by an e-mail.
 
Vessel inspection (survey) regarding water pollution in the sea port water area shall be performed by the Port State Control Inspector, in accordance with the Rules for vessel control aimed to secure navigation safety, approved by the Order of the Ministry of Transport No. 545 dd. 17.07.2003, along with State Inspector of Natural Environmental Safety engaged solely for the purpose of water sampling on board of the vessel and performing their analysis under laboratory conditions.
 
Both water sampling on board of the vessel and their analysis shall be performed by the State Ecological Inspectorate only as to polluting substances causing water area pollution in accordance with the Water Quality Inspection Certificate.
 
Vessel inspection (survey) regarding water pollution in the sea port water area and water sampling on board of the vessel shall be held solely with Vessel Master or his authorized representative and Maritime Agent engaged (as agreed).
 
Under the vessel inspection (survey) results, the Port State Control Inspector shall draft the relevant certificate. Copies of the documents regarding vessel inspection (survey) shall be issued either to Vessel Master or to his authorized representative.
 
State Ecological Inspectorate shall take measures aimed at calculating damages caused by pollution and bringing the guilty persons to responsibility in the manner prescribed by the law.
 
Sea Port Authority, Maritime Terminal Owner and other business entities are entitled to file claims against Vessel Owner guilty of the sea port water area pollution, upon reimbursement of expenses in respect of works upon diminishing and eliminating pollution effects, taking samples of water quality background values in the sea port water area, followed by an immediate analysis, at their own expense, as well as using such business entities’ floating craft.
 
WHAT HAS CHANGED?
Was Now Remarks
Samples of water quality background values taken and analyzed by Ecological Inspectorate Samples of water quality background values taken and analyzed by Sea Port Authority Changed
Water samples at the point of pollution taken and analyzed by Ecological Inspectorate Water samples at the point of pollution taken and analyzed by Ecological Inspectorate Not Changed
Rules for preventing internal waterways and the territorial sea of Ukraine from pollution absent Rules for preventing internal waterways and the territorial sea of Ukraine from pollution absent Not Changed
Vessel inspection (survey) regarding water pollution in the sea port water performed by Ecological Inspectorate Vessel inspection (survey) regarding water pollution in the sea port water performed by Port State Control Inspector Changed
Water samples onboard a vessel taken and analyzed by Ecological Inspectorate Water samples onboard a vessel taken and analyzed by Ecological Inspectorate Not Changed
Certificate on Vessel Inspection (Survey) results not issued at all Certificate on Vessel Inspection (Survey) results issued by Port State Control Inspector Changed
Damages calculated and bringing guilty persons to responsibility by Ecological Inspectorate Damages calculated and bringing guilty persons to responsibility by Ecological Inspectorate Not Changed

As to provisions of the Procedure on Inspection, Water Samples Taking and Performing of Their Analysis

Sea Port Authority, in case of detecting visible traces of oil, oil-containing or other polluting substances in the sea port water area, shall:
- immediately take water samples in designated points of sea port water area in order to find out background indicators of polluting substances;
- prepare Act on Taking Samples of Water Quality Background Indicators (in two copies, one for the Sea Port Authority and the other for the State Ecological Inspectorate).
 
State Ecological Inspectorate shall:
- take water samples at the point of pollution in sea port water area;
- prepare Act on Water Area Investigation and Water Sampling;
- take water samples from the vessel ballast/grey/bilge water system;
- prepare Act of Water Sampling from the vessel ballast/grey/bilge system.
 
Sea Port Authority shall take water samples in one copy.
 
State Ecological Inspectorate shall take water samples:
- at the point of pollution, – in two copies;
- from the vessel ballast water system, – in three copies.
 
One copy of water samples taken from the point of pollution shall be provided by State Inspector for analyses and the other – to the Sea Port Authority for keeping (during not more than 24 hours) as a control copy, which shall be analyzed only in the cases of:
- presence of sufficient discrepancies between the results of analyses of water samples taken by the Sea Port Authorities and the State Ecological Inspectorate;
- presence of objections toward the results of water sampling on the part of Sea Port Authorities or the ship-owner or a representative of the latter.
 
One copy of water samples taken from the vessel ballast/grey/bilge water system along with the Act of water sampling from the vessel ballast/grey/bilge system shall be provided to the vessel master.
Another copy of water samples taken from the vessel ballast/grey/bilge water system shall be provided to Sea Port Authority for keeping (during not more than 24 hours) as a control copy, which shall be analyzed only in case of discrepancies.
The third copy of water samples taken from the vessel ballast/grey/bilge water system shall be provided by State Inspector for analyses.
 
State Ecological Inspectorate shall take water samples from the vessel ballast or grey or bilge water system depending on comparison results of water samples taken from the point of pollution with water samples taken to find out background indicators of polluting substances (in other words depending on conclusions as to which polluting substances lead to water quality deterioration).
 
Analyses of the water samples taken shall be done by laboratories authorized to perform such measurements.
 
WHAT HAS CHANGED?
 
Was Now Remarks
Inspection, sampling and water samples analyzing may be treated as measures of the state control Inspection, sampling and water samples analyzing is not measures of the state control Changed
Samples of water quality background values taken and analyzed by Eco Inspection Samples of water quality background values taken and analyzed by Sea Port Authority Changed
Water samples at the point of pollution taken and analyzed by Eco Inspection Water samples at the point of pollution taken and analyzed by Eco Inspection Not Changed
One copy of water samples taken from the point of pollution shall NOT be provided to Sea Port Authority One copy of samples water taken from the point of pollution shall be provided to Sea Port Authority Changed
Water samples on-board a vessel taken and analyzed by Eco Inspector Water samples on-board a vessel taken and analyzed by Eco Inspector Not Changed
One copy of samples water taken from the vessel ballast/grey/bilge water system shall NOT be provided to vessel master, and the other – to Sea Port Authority One copy of samples water taken from a vessel ballast/grey/bilge water system shall be provided to vessel master, and the other – to Sea Port Authority Changed
Water samples shall be taken from the vessel ballast/grey/bilge water system without regard to comparison results of water samples taken from the point of pollution with water samples taken to find out background indicators of polluting substances Water samples shall be taken from the vessel ballast/grey/bilge water system depending on comparison results of water samples taken from the point of pollution with water samples taken to find out background indicators of polluting substances Changed
Period of validity of control copies of water samples taken both from the point of pollution and from the vessel ballast/grey/bilge water system, was not limited by time Period of validity of control copies of water samples taken both from the point of pollution and from the vessel ballast/grey/bilge water system, is limited by time (24 hours) Changed

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Author: Mikhail Selivanov

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