/Enter into force I:den day Government/
Chapter 1. General provisions
Content and objectives, etc.
section 1 of this Act contains provisions on the management and control
of ships ' ballast water and sediments in such water. The purpose of the
with the law is to prevent, restrict and eliminate the proliferation
of aquatic organisms and pathogens that could harm
environment and human health, property and resources.
section 2 of the Ship shall, as far as possible, avoid taking into
ballast water containing aquatic organisms and
pathogens that can be harmful.
Scope of application
section 3 of the Act on Swedish ships, as well as on foreign
ships operating within Sweden's territorial waters or
economic zone.
The law should not, however, apply to
1. vessels which are not designed to bring
ballast water,
2. vessels sealed tanks with permanent
ballast water is not discharged,
3. ships operating only Sweden's territorial waters or
economic zone,
4. ships owned or operated by a State when being used
exclusively for governmental, non-commercial purposes,
5. racing boats, recreational boats and rescue vessels with a
length over 50 meters and a maximum ballast water capacity of
8 cubic meters.
section 4 of the Government or the authority, as the Government determines
may provide that the law should also apply to
vessels referred to in the second subparagraph of paragraph 3 of 3 or 5, and at
Swedish vessels referred to in the second subparagraph of paragraph 3 of 4.
The Government or the authority that the Government may
provide that the Act does not apply to
Swedish ships in only one other State
territorial waters or exclusive economic zone, or such
waters and the high seas. Such provisions may
be notified only if the other State has approved it.
Compliance with international agreements and international law
paragraph 5 of the Rules given in connection with this Act,
not be contrary to the provisions of international
agreements that are binding for Sweden.
For the purposes of the Act or regulation, such
limitations taken into consideration arising from the generally recognized
the principles of international law.
Definitions
section 6 of this Act means
1. the ballast water: water that is brought into a vessel to
regulate vessel's trim, body roll, draught, stability
or hull tension,
2. the ballast water capacity: the total volume in cubic meters
a ship's tanks, compartments and sections that are used for
to transport, take in or let out ballast water, including
thoughts, spaces and sections which can be used in several ways
but that is designed to make it possible to transport
ballast water,
3. "gross tonnage" means gross tonnage calculated in accordance with
the provisions of the 1969 International Convention on the
tonnage measurement,
4. "ship" means a vessel of any kind used in the marine
environment, including submersibles, floating craft,
floating platforms, floating storage units and liquid
devices for the production, storage and offloading,
5. shipowners: shipowners or another legal or natural
person who has assumed the responsibility for the operation of the ship
and thus has assumed the obligations and responsibilities that
provided for in European Parliament and Council Regulation (EC) no
336/2006 of 15 February 2006 on the implementation of
International safety management code within the community and
repealing Council Regulation (EC) No 3051/95,
6. sediment: material made out of ballast water in a
vessels,
7. harmful aquatic organisms and pathogens:
aquatic organisms which, if discharged into the sea, in
estuaries or in fresh water, may cause damage to the environment, human
health, property or resources, disrupt the biological
diversity or interfere with fair use of these areas.
Chapter 2. Management of ballast water
Management methods
1 § before the ballast water is discharged, the
1. processed on board with a qualifying system,
2. is shifted,
3. provided in a reception facility, or
4. managed with another approved method.
The Government may provide for the requirements of the first
paragraph. Parcel in accordance with the first paragraph 2 may take place only until
to the dates imposed by these regulations.
Law (2012:477).
section 2 of the Government the authority to approve the
systems and practices referred to in article 1, first paragraph, 1 and 4.
Exceptions and exemptions, etc.
section 3 of the Government may provide for exceptions from the
the provisions on the management of ballast water.
section 4 of the Government or the authority, as the Government determines
may provide for conditions for ships to
get an exemption from the provisions on the management of ballast water.
The Government may determine that the authority must examine questions about
such a dispensation.
Fee
section 5 of the Government or the authority, as the Government determines
may provide for a fee that is payable when
the applicant submits the application for approval of the system referred to in
Article 1, first subparagraph 1.
Applications for assessment of technologies for ballast water management
section 6 of the Government or the authority, as the Government determines
may provide for ballast water management for ships
participating in approved programs to assess technology for
treatment of ballast water.
The Government will decide the authority shall hear questions about
approval of the programmes.
Chapter 3. Reception of sediments
Port reception facilities
section 1 of the Government or the authority, as the Government determines
may provide that the undertakings carrying out repair
or cleaning the ballast water tanks shall have such
devices for reception of sediments laid down in this
law or the provisions adopted pursuant to the Act.
Location, design and operation
section 2 of The charge of a reception facility for sediment
shall ensure that the appliance is placed, are designed and operated to
the sediment can be disposed of in a safe way without the
ships using the appliance be delayed unnecessarily. Government
or the authority that the Government may announce
regulations on the placement, design and operation of such
device.
Prohibition of fee
section 3 a fee for the reception of sediments may not be withdrawn.
The Government or the authority that the Government may
provide, or in individual cases to decide on
way of derogation from the first subparagraph, if there are special reasons.
Exemption decision may be subject to special conditions.
Injunction
section 4 of the authority that the Government must notify the
injunctions needed to a reception facility,
set up, placed, designed and operated in accordance with the law
and the regulations and decisions have been issued with the support of
the law.
Consultation
§ 5 a decision notice under section 4 should be preceded by
consultation with the municipality, or the authority empowered by
Environment Act or regulations issued pursuant
the law has the operational supervisory responsibility over the
activities that injunction.
VITE
paragraph 6 of The notice under paragraph 4 may be subject to a penalty.
Chapter 4. Ballast water and ballast water management plan diary
Ballast water management plan
1 § For each ship, there shall be a
ballast water management plan that must be approved by a
competent authority. The ship's ballast water and sediments,
handled in accordance with the plan.
The Government will decide the authority shall hear questions about
approval of ballast water management plans for the Swedish
ships.
Ballast water diary
2 § For each ship, there shall be a ballast water diary in
which all actions relating to the ship's ballast water
immediately shall be recorded.
Storage etc.
paragraph 3 of the Plan and the diary should be kept on board the vessel.
The diary of an unmanned vessel towed may, however,
be stored aboard the tug spirit ship.
4 § the master shall ensure that the diary be kept available
for control during an inspection according to Chapter 5. 7 §.
Chapter 5. Supervision, etc.
Ship construction
section 1 of the Government or the authority, as the Government determines
may provide for ship construction, equipment,
operation and maintenance to prevent, reduce and eliminate
dispersal of aquatic organisms and pathogens that can
be harmful.
Inspection
section 2 of the Swedish vessels with a gross tonnage of at least 400,
but floating platforms, floating storage units and
floating units for production, storage and offloading,
Besiktas before they are put into service and thereafter undergo
periodic checks.
The Government or the authority that the Government may
provide for that while Swedish vessels not
the scope of the first paragraph, besiktas.
During the inspections, it should be determined if the vessels meet
regulations on ballast water management plans announced by
the Government and the provisions adopted by virtue of Chapter 5. 1 §
If the ship's construction, equipment, operation and maintenance.
Certificate
section 3 Of the Swedish vessels referred to in paragraph 2 of the first subparagraph, and
that meets the prescribed requirements, the international
certificates on the management of ballast water shall be issued.
The Government or the authority that the Government may
provide for that certificate shall be issued for the
Swedish vessels referred to in paragraph 2(2) and that
meet the prescribed requirements.
A certificate on the management of ballast water issued
for a foreign vessel by a competent foreign authority
or on its behalf by a recognised organisation has the same
validity as a certificate issued by a Swedish
authority.
The Government or the authority that the Government may
notify additional regulations on the certificate.
4 of a certificate issued by a competent Swedish
authority shall be withdrawn if the
1. the ship no longer corresponds to the statutory requirements, and
shortcomings despite injunction is not remedied,
2. the ship has not undergone the prescribed inspections;
or
3. the vessel registered in another State.
Ban
§ 5 supervisory authority may decide that a vessel may not be
be used for shipping, or, in the case of a foreign
ships, to navigation within Sweden's territorial waters or
economic zone, if it does not have a valid certificate
referred to in paragraph 3.
Inspection
section 6 of the Vessels should be inspected when the authority exercising
supervision under section 8, believes that it is necessary.
Foreign ships may be inspected under this Act only if
they are in a port or an offshore terminal in
Sweden.
section 7 during an inspection, it shall be checked that the ship and
its equipment is in such a condition and to
the operating conditions are those needed to prevent
or limit the spread of aquatic organisms, and
pathogens that can be harmful. During an inspection, the
even checked if there has been a breach of this
law or regulations in connection with the
the law.
In the case of foreign vessels to inspection is limited to
1. review of such a certificate referred to in paragraph 3,
2. control of ballast water diary, and
3. sampling of ship's ballast water.
Limitations in the second paragraph does not apply if the ship
does not have a valid certificate or if there are justified
reason to believe that
1. condition of the ship or its equipment does not
substantially conform to the particulars in the certificate or
2. the master or crew are not familiar with the
main procedures on board for the management of ballast water
or have not implemented these procedures.
Limitations in the second paragraph also does not apply if a
competent authority of a foreign State requests that an investigation
should be taken in respect of a foreign vessel, if this State
showing that it could reasonably be expected that the vessel used or
have been used in contravention of this Act or the regulations that have
a court in connection with the Act.
Regulator etc.
section 8 Government decide which authority should exercise
supervision over compliance with this Act.
section 9 of The Ordinance that enforces a monitoring or advising
at such an Ordinance has the right to have access to
ship to where do the checks, take any samples and
take note of the documents relating to the ship as needed.
Protection Ordinance should be implemented so that the ship does not
unduly detained or delayed.
Mission to organizations
section 10 of the Government or the authority, as the Government determines
may by contract entrust such a recognised organisation
referred to in Chapter 1. paragraph 5 of the ship safety Act (2003:364)
examine the Swedish ships and their equipment as well as issue
certificate. Has such an organization investigating the ship or
equipment, the investigation has the same validity as a
survey completed by the authority designated by
under section 8.
Responsibility to undergo supervision
section 11 of the ship's owner is responsible for ensuring that the vessel undergoes
such supervision referred to in paragraph 2.
The shipowner shall provide the supervisory authority in the supervision
aid it needs and the information it asks for
supervision.
Confidentiality and privacy
paragraph 12 of The working with supervision or licensing
under this Act, or in accordance with the rules given in
connection to the law must not improperly disclose or exploit
what he or she is in their service have been told about individuals '
business or operating conditions.
In the public activities apply instead the provisions
in publicity and secrecy (2009:400).
Notification of breach
paragraph 13 of the supervisor shall promptly report violations of the Act or the regulations that have been issued in connection with the law to the Police or the public prosecutor's Office, if there is suspicion of a crime. Law (2015:442).
Fee
section 14 of the Government or the authority, as the Government determines
may provide for fees for ship inspection.
Chapter 6. Specific measures against the spread of aquatic
organisms and pathogens that may be harmful
The prohibition of discharges of ballast water for some traffic on internal
water
section 1 of the Government may provide for the prohibition of discharges
ballast water for some traffic in certain areas of
Swedish interior waters, where it is necessary for the prevention,
limit or eliminate spread of aquatic
organisms and pathogens that can be harmful.
The Government or the authority that the Government may
provide for exceptions and derogations from
regulations.
Warning, prohibition and injunction
section 2 of the authority that the Government may announce
warning, prohibition or injunction is needed to
ensure that a ship does not emit ballast water
poses a risk to the environment, human health, property or
resources, if there is reasonable cause to believe that
1. condition of the ship or its equipment does not
substantially conform to the particulars in the certificate;
2. the master or crew are not familiar with the
main procedures on board for the management of ballast water
or have not implemented these procedures,
3. a violation of law or regulations
issued in connection with the Act, or
4. the vessel poses a risk to the environment, human health,
property or resources.
Prohibitions and orders referred to in the first subparagraph may be
1. Prohibition of the departure of the vessel, or onward travel,
2. prohibition to release ballast water,
3. prohibition on the use of certain equipment,
4. in order to enter or depart from a specific port,
or
5. procedure in the case of ship's performance or operation.
paragraph 3 of the decision under section 2 If the ban should include an indication of the
measures to be taken to correct those conditions
that led to the ban, and the period within which those measures shall
taken. Such prohibition shall apply until the conditions
has been corrected. Decision pursuant to article 2 of the order shall
include details of the period within which those measures shall
taken.
paragraph 4 of the decision referred to in paragraph 2 may be directed against the master of the vessel
or owner. Prohibition and injunction may be subject to a penalty.
§ 5 If a master or owner by decision pursuant to article 2 of the
before that, within certain period of time to take action, action
enforced by the authority as the Government decides on
the expense of the ship's owner, if
1. the periodic time is over to the right,
2. There is a need for immediate action, and there is reason to
fear that the master or the shipowner will not follow
the decision, or
3. the master or the shipowner cannot be informed of
decision without the decision jeopardized.
Warning for ballast water intake
section 6 of the authority that the Government decides to issue
warnings to ships on the areas where the vessels should not take into
ballast water.
Chapter 7. Ballast water fee
§ 1 a special fee (ballast water fee) will be charged, if
ballast water has been placed without being handled
According to
1. Chapter 2. section 1,
2. the regulations on the management of ballast water that the Government
announced or
3. regulations on the ban announced pursuant to Chapter 6. 1 §
the first paragraph.
The Government determines which authorities
decide on ballast water fee.
Ballast water fee to the State.
section 2 of the ballast water fee shall be charged by the owner who was
the ship's owner at the time of the infringement.
Shareholders of a party shipping company is responsible jointly and severally liable for a
ballast water fee charged by partrederiet according to
the first paragraph.
Ballast water fee
paragraph 3 of the ballast water fee shall be paid in an amount
corresponds to the number of price base amounts specified in the following
table.
The ship's gross tonnage and number of price base amounts
Not more than 3 000 1
3 001 — 15 000 3
15 001-50 000 5
greater than 50 000 10
With the price base amount shall mean the price base amounts under the Act
(1962:381) on general insurance in force at the time of
the infringement.
section 4 If a ballast water fee pursuant to section 3 with respect to
the facts appear to be unfair, it may be reduced
or remitted.
Master's permission
§ 5, a ship's Commander is authorized to on behalf of the shipowner
1. receive notification of a decision to withdraw
ballast water fee and to appeal the decision, and
2. receive notification and give an opinion under section 17 of the
administrative law (1986:223).
When a notification referred to in the first subparagraph 1 shall be submitted to
the master shall also be notified to the owner, if it can be done.
Prohibitions and injunctions
section 6, it can reasonably be assumed that ballast water fee must be
out, the supervisory authority may prohibit the ship to depart or
drive on, submit it to enter a specific port, or
notify other prohibition or injunction in the case of
the vessel is necessary to secure evidence. When the
applies to foreign ships, such prohibition or injunctive relief
be notified only when the ship is in a port or a
offshore terminal in Sweden.
There are no longer entitled to take a decision pursuant to the first
subparagraph, the decision immediately lifted.
section 7 if the ballast water fee charged by someone who is the owner of
the ship, the supervisory authority may, at the same time in terms of
the ship or cargo owner has on board notify such
prohibition or injunction referred to in section 6, first paragraph, and
needed to ensure the State's claim to the fee.
In the case of foreign vessels, such prohibitions and
the submissions will be announced only when the ship is in a
a port or an offshore terminal in Sweden. The decision applies
far its enforcement takes place.
Decisions referred to in the first subparagraph may be announced even before the
the charging case is decided, if there is probable cause to believe
that fee will be charged.
If there is security for the fulfilment of the obligation fee
or there are no longer grounds for a decision
According to the first or second subparagraph, the decision immediately
be lifted.
section 8 a decision of prohibition or injunction under 6 or 7
§ apply never for longer than fourteen days after a
such a decision in response to the spill first announced for
the ship or its cargo.
§ 9 a decision on prohibition or injunction under 6 or 7
§ shall immediately be communicated to the master and the shipowner.
The provisions of Chapter 6. sections 3 and 5 shall apply mutatis mutandis
apply to such a decision.
Enforcement
section 10 of the regulatory authority's decision and a court judgment that
ballast water fees to be charged may be executed immediately, if
not otherwise appointed or security is provided for
fulfilment of the obligation of the fee. If enforcement apply in
Moreover, as provided in the enforcement code of general objectives.
Foreclosure property may not be sold without the debtor's
consent, until the decision has become final.
Statute of limitations
section 11 of The ballast water fee shall not be decided, if the shipowner
or master has not been given an opportunity to be heard
within two years from the time the conditions to decide on
fee exists.
12 § approved ballast water fee lapses if the decision
If the fee has not been effected within five years from the
the decision became final.
Refund of ballast water fee
section 13 A ballast water fee is repaid, if
the liability has been repealed by a decision
become final.
Interest on a ballast water fee to be refunded pursuant to the first
subparagraph provided pursuant to paragraph 5 of the interest Act (1975:635) for time
from the date the fee was paid to the date the fee
will be refunded.
Chapter 8. Penalty provisions
section 1 to the fine or imprisonment of up to two years is convicted the
intentionally or negligently discharging ballast water
has not been handled in accordance with Chapter 2. section 1 or under other
regulations on the management of ballast water that the Government
announced. The same applies to anyone who willfully or out of
negligence inside out ballast water in violation of the regulations
If the bans announced pursuant to Chapter 6. Article 1, first paragraph.
2 § to fine or imprisonment of up to two years is convicted
the master, if he or she willfully or
negligence has failed in the oversight needed to
discharges of ballast water should be managed according to Chapter 2. 1 § or
According to the regulations on the management of ballast water
the Government announced. The same shall apply if the master
intentionally or negligently breach of supervision
necessary to the discharge of ballast water shall not be in breach
with regulations prohibiting announced pursuant to Chapter 6. 1 §
the first paragraph. If the master has delegated responsibility for
supervision over the management of ballast water to another
officer or if a particular officer has such liability arising
by the nature of the service, which now has been said in the
correspondingly the command.
section 3 to a fine or imprisonment not exceeding one year are judged on that
intentionally or negligently violates a prohibition or
an order that has been issued pursuant to Chapter 6. 2 §.
4 § To fines or imprisonment of up to six months is sentenced
1. a commander who willfully or negligently in front
a ship that does not have an approved
ballast water management plan,
2. a person who willfully or negligently fails to comply with a
approved ballast water management plan, if not the deed
rise to liability under section 1 or 2,
3. a commander who willfully or negligently in front
a ship in violation of a ban has been issued on the basis
of Chapter 5. section 5,
4. a person who willfully violates the provision in Chapter 4. 4 §
If the obligation to keep ballast water diary available,
and
5. a responsible representative of the ship owner if he
intentionally or negligently fails to ensure that
the ship is undergoing such inspection as set out in Chapter 5. section 2 of the
the first or second paragraph, or fails to ensure that
the ship has an approved ballast water management plan.
5 § to fine convicted
1. a person who willfully or negligently violates a
Regulation of ballast water diary,
2. a person who willfully violates this prohibition to take out a
special fee for the reception of sediments under Chapter 3. section 3,
3. a person who willfully leaves the false information to get a
certificates issued in accordance with Chapter 5. paragraph 3 of the first or second
subparagraph or for the validity of such
certificate extended, and
4. a person who willfully or negligently violates a
Regulation on the obligation to report accidents or
shortcomings that have been issued with the support of 10. § 1.
section 6, A responsible representative of the ship's owner is convicted as if
He or she had committed the offence, if he or she
failed to do what it could reasonably required of him
or her to prevent the incident, if
1. the ballast water is discharged without being handled according to
Chapter 2. paragraph 1 or pursuant to other regulations on the management of
ballast water, which the Government announced, or in contravention of the
regulations on the ban announced pursuant to Chapter 6. 1 §
the first subparagraph,
2. an injunction or prohibition announced pursuant to Chapter 6. section 2 of the
is violated, the
3. a ban announced by virtue of Chapter 5. § 5 are broken.
7 § the contravenes a prohibition or injunction is
announced pursuant to Chapter 6. section 2, which joined with the penalty, the
not be responsible under this chapter.
§ 8 liability under this Act must not be sentenced for acts
which are subject to stricter penalties in the criminal code, or
the environmental code.
Chapter 9. Appeal, etc.
paragraph 1 of the decision on ballast water fee and if the prohibition or
notice under Chapter 7. section 6 or 7 may be appealed to the
Lake ought to chair that is located closest to the decision-making
the Agency's headquarters.
section 2 in respect of legal proceedings relating to the decision on the
ballast water fee applies, mutatis mutandis, the provisions
in the code of judicial procedure concerning the prosecution of offences in which cannot follow
more severe punishment than a fine.
The first subparagraph shall apply also in the case of legal proceedings
relating to the prohibition or injunctive relief under Chapter 7. 6 or 7 §.
In the case of proceedings before the District Court, however,
the provisions of chapter 52. 2, 3 and 5 – 12 of the code of judicial procedure in
applicable parts. The provisions relating to the Court of appeal case
Instead, the District Court.
The provisions of the code of judicial procedure on seizure in criminal cases
apply in appropriate parts of the objectives referred to in the first subparagraph.
Public prosecutor represents the State in the case before the Court relating to
decisions that have been appealed under section.
paragraph 3 of the decision in accordance with this Act shall be effective immediately, if not
others may be appointed.
paragraph 4 of Decision in matters other than as referred to in paragraph 1 may be referred
in general administrative court.
Leave to appeal is required for an appeal to the administrative court.
§ 5 the Government may provide for that decision in accordance with
This law shall be subject to in the authority which made the
the decision.
Decisions which, according to the provisions adopted pursuant to the first
subparagraph shall be subject to, cannot be appealed.
section 6 of the Case on liability for offences under this law, or if
compensation for measures carried out in accordance with Chapter 6. paragraph 5 of the
are handled by the District Court is the competent court in accordance with the
the code of judicial procedure or under Chapter 21. 1, 2 and 8 of the maritime law
(1994:1009).
10 Cape. Other provisions
section 1 of the Government or the authority, as the Government determines
may provide on the obligation to report
accidents or other circumstances indicating
deficiencies in any material respect affect a vessel's
ability to manage ballast water.
