Ballast Water Law (2009:1165)

Original Language Title: Barlastvattenlag (2009:1165)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1165

/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.