/Entry into force: 2017-08-09

Chapter 1. General provisions



Law support for regulation



section 1 of this regulation is notified pursuant



– Chapter 1 section 4 of the ballast water law (2009:1165) in the case of Chapter 1.

section 3, "Chapter 2. section 1 of the ballast water law in the case of Chapter 2. 1-3 sections, section 4, second subparagraph, sections 7-12 and paragraph 13 of the second and third subparagraph, – Chapter 2. paragraph 3 of the ballast water law in the case of Chapter 2. 14 and 15 sections,



– Chapter 2. section 4 of the ballast water law in the case of Chapter 2. 16 – 20 sections,



– Chapter 2. paragraph 5 of the ballast water law in the case of Chapter 2. section 6,



– Chapter 2. section 6 of the ballast water law in the case of Chapter 2. section 21, – Chapter 3. section 1 of the ballast water act in relation to Chapter 3. section 1,



– Chapter 3. section 2 of the ballast water act in relation to Chapter 3. section 2,



– Chapter 3. paragraph 3 of the ballast water act in relation to Chapter 3. section 3, "Chapter 3. section 4 of the ballast water act in relation to Chapter 3. paragraph 4,



— Chapter 4. section 1 of the ballast water law in the case of Chapter 4. section 1,



– Chapter 5. 2 and 3 of ballast water law in the case of Chapter 5.

section 3,



– Chapter 5. paragraph 3 of the ballast water law in the case of Chapter 5. paragraph 4, second subparagraph,



– Chapter 5. section 10 of the ballast water law in the case of Chapter 5. section 6,



– Chapter 5. section 14 of the ballast water law in the case of Chapter 5. section 7,



-10 Cape. section 1 of the ballast water law in the case of Chapter 7. section 5, and



– Chapter 8. section 7 of the Constitution in respect of the other provisions.



Content



section 2 of this regulation contains rules that connect to ballast water law (2009:1165).



Terms and expressions used in ballast water Act has the same meaning in this regulation.



Scope of application



paragraph 3 of the Transport Board may provide that ballast water law (2009:1165) shall also apply to



1. ships operating only Sweden's territorial waters or exclusive economic zone, and



2. racing boats, recreational boats and rescue vessels with a length of less than 50 meters and a maximum ballast water capacity of 8 cubic meters.



Transportation Board may also provide that the ballast water law does not apply on Swedish ships in only one other State's territorial waters or exclusive economic zone, or a water area and the high seas. Such regulations may be notified only if the other State has approved it.



Enforcement regulations



section 4 of the Transport Board may announce further provisions on the enforcement of ballast water law (2009:1165) and provisions on the enforcement of this regulation.



Chapter 2. Management of ballast water



Management methods



1 § Of ballast water should be placed and processed on board with a system approved in accordance with paragraph 4, or after the corresponding examination in another State, the 2 and 3 sections.



If the ballast water instead shifted regarding paragraphs 7-12.



For ballast water is managed by another approved method applies to 2-4 paragraphs or section 13.



Content of released ballast water



section 2 of the ballast water discharged should contain less than



1.10 viable organisms with a size of at least 50 microns per cubic meter of ballast water, and



2.10 viable organisms with a size smaller than 50 microns but at least 10 microns per millilitre of ballast water.



paragraph 3 of the ballast water discharged should contain less than



1. a colony-forming unit of toxikogena Vibrio cholerae (01 and 0139) per 100 ml or per gram (wet weight) of zooplankton samples;



2.250 colony-forming units of coli Escherichia coli per 100 millilitres, and



3.100 colony-forming units of intestinal enterococci per 100 ml.



Approval of systems and methods for the treatment of ballast water



section 4 of the Transportation Board hearing on application issues for approval of systems and methods for the treatment of ballast water to achieve the requirements set out in paragraphs 2 and 3. Before the Transportation Board decides on the approval, it shall obtain an opinion from the Swedish Chemicals Agency, unless it is unnecessary.



If the trial involves a system that means that active substances or preparations containing active substances, the Transportation Board to agree to this only if the system has been approved by the International Maritime Organization. An application for such an approval is made by the Transport Agency.



With active substance "means a substance or organism including a virus or a fungus, having general or specific effects on or against harmful aquatic organisms and pathogens.



paragraph 5 of the Transport Board may provide for the approval of systems and methods for the treatment of ballast water.



section 6 of the Transport Board may provide for application fees for the approval of the system for the treatment of ballast water.



Parcel of ballast water



section 7 of the ballast water may be shifted in a sea area where the water depth is at least 200 meters and where the distance from the nearest land is at least 200 nautical miles, the vessel on their route passes through such an area.



section 8 if the ballast water can be shifted in accordance with section 7, may shift rather than made in a sea area where the water depth is at least 200 meters and where the distance from the nearest land is as far as possible, a minimum of 50 nautical miles, the vessel on their route passes through such an area.



section 9 With the closest country in 7 and 8 sections referred to the nearest point on the baseline as determined under section 4 of the Act (1966:374) on Ireland's territorial waters or in accordance with regulations issued under section 5 of the Act.



section 10 if the ballast water can be shifted in accordance with section 7 or 8, may shift rather than be made within such area of parcel of ballast water that has been established specifically for that purpose, if the vessel is on their route passes through this area or it is in close proximity to the ship's route.



§ 11 Change of ballast water should be performed with an efficiency of at least 95% of the volume of ballast water or with a genompumpning of at least three times the volume of ballast water.



section 12 ships built in 2009 with a ballast water capacity of less than 5,000 cubic meters and ships built in 2012 or later with a ballast water capacity of 5 000 cubic metres or more, not the shifting of ballast water.



Ships constructed before 2009 with a ballast water capacity of 1 500 to 5 000 cubic metres of ballast water shall not differ from the first intermediate survey or it renewed inspection carried out after the anniversary of the ship's delivery in 2014, depending on which of these surveys, which were first enforced. In the case of ships constructed before 2009 with a ballast water capacity other than 1 500 to 5 000 cubic metres of ballast water shall not be shifted from


and with the corresponding time in 2016.



With the inspection referred to in the second subparagraph, such surveys are made according to the ship safety Act (2003:364) or regulations in connection with the Act.



Other methods for the management of ballast water



section 13 Transport Board hears questions about approval of other methods for handling ballast water than those referred to in paragraph 4.



Such a different method may be approved despite the fact that the requirements of paragraphs 2 and 3 are not fulfilled, if the method guarantees at least the same level of protection of the environment, human health, property or resources to any of the other management methods set out in Chapter 2. 1 § 1-4 ballast water law (2009:1165).



Transportation Board may approve only those methods that have been approved by the International Maritime Organisation's environmental protection Committee (MEPC). An application for such approval is made by the Transport Agency.



Exception



section 14 of the provisions on management methods in Chapter 2. section 1 of the ballast water law (2009:1165) does not apply to



1. the intake or discharge of ballast water and sediment that is necessary for a vessel in distress safety or for saving life at sea;



2. such intake or discharge of ballast water and sediments resulting from damage to the ship or its equipment if



(a)) all reasonable precautions have been taken before and after the damage occurred or been discovered or if the spill have been made in order to prevent or limit emissions, and



(b)) the shipping company or the responsible executives did not intentionally or negligently caused injury;



3. the intake or discharge of ballast water and sediment that are made to avoid or limit pollution from the ship,



4. such intake and subsequent release of the same ballast water and sediments that are carried out on the high seas,



5. the discharge of ballast water and sediment from a vessel that is made in the same place from where all ballast water and sediments derived, or



6. vessels participating in the program for assessment of technologies for ballast water management, to the extent permitted by regulations that have been issued under section 21.



section 15 of the provisions on management methods in Chapter 2. section 1 of the ballast water law (2009:1165) also does not apply to vessels referred to in section 12 shall manage the ballast water by parcel, but that cannot switch the ballast water because any of the conditions in section 7, 8 or 10 are not met.



Dispensation



section 16 of the Transport Agency may grant an exemption from the provisions on management methods in Chapter 2. section 1 of the ballast water law (2009:1165) of a vessel used in Sweden's territorial waters and economic zone. An exemption may be granted only if the management does not interfere with or harm the environment, human health, property or resources.



section 17 Exemption may be granted for a ship



1. shall make one or more trips between specified ports or places, or



2. traffic only specific ports or places.



18 § a note if granted an exemption shall be made in the ship's ballast water diary.



19 § before the Transportation Board decide on waivers, the authority shall seek the opinions of marine and water authority and the Swedish Meteorological and Hydrological Institute, if it is not unnecessary.



section 20 of the Transport Board may announce further provisions on the conditions for exemption.



Applications for assessment of technologies for ballast water management



section 21 of the Transport Board may provide for ballast water management for vessels participating in approved programs to assess technologies for the treatment of ballast water.



Transportation Board hears questions about approval of the programmes.



Chapter 3. Reception of sediments



section 1 of the Transport Board may provide for an obligation to have a device for reception of sediments under Chapter 3.

section 1 of the ballast water law (2009:1165).



section 2 of the Transportation Board may provide for the location, design and operation of facilities for the reception of sediments.



paragraph 3 of the Transport Board may provide for derogations from the prohibition on fees in Chapter 3. section 3(1) ballast water law (2009:1165), if there are special reasons for it.



Transportation Board may also decide on such exceptions in individual cases.



section 4 of the Transport Board may announce the injunctions as necessary to ensure that a device for reception of sediments, placed, designed and operated in accordance with the ballast water law (2009:1165) and the regulations and decisions have been issued with the support of the law.



Chapter 4. Ballast water management plan



section 1 the Transportation Board hearing on application issues for approval of ballast water management plans for the Swedish ships.



Chapter 5. Supervision, etc.



Responsible authority



section 1 of the Swedish Transport Agency supervises that ballast water law (2009:1165) and regulations in connection with the law is followed.



Transportation Board may provide for supervision.



Regulations concerning ship construction, etc.



section 2 of the Transportation Board may provide for ship construction, equipment, operation and maintenance in order to prevent, contain and eliminate the spread of aquatic organisms and pathogens that can be harmful.



Inspection and certification



paragraph 3 of the Transport Board may provide for the Swedish vessels not covered by the requirements for the inspection and certificate in accordance with Chapter 5. 2 and 3 of ballast water law (2009:1165), besiktas and that certificate shall be issued to ships.



section 4 of the Swedish Transport Agency examines questions about the issue or withdrawal of the certificate referred to in the ballast water law (2009:1165), or in the regulations that have been issued in connection with the Act.



Transportation Board may announce further provisions concerning such certificates.



paragraph 5 of the Transport Board may, at the request of the competent authority of a State which is a party to the 2004 International Convention for the control and management of ballast water and sediment inspect and certify a foreign vessel.



Mission to organizations



section 6 of the Transport Board may by contract entrust such a recognised organisation, as referred to in Chapter 1. paragraph 5 of the ship safety Act (2003:364) to examine the Swedish ships and their equipment and issue certificates.



Transportation Board shall publish the organisations with which it has entered into an agreement with.



Fee



section 7 of the Transport Board may provide for fees for ship inspection.



Warning, prohibition, injunctions and enforcement



section 8 Transport Board decides on measures pursuant to Chapter 6. 2


and 5 §§ ballast water law (2009:1165).



Chapter 6. Ballast water fee



section 1 of the Swedish Transport Agency examines questions about ballast water fee.



Transportation Board may provide for how the fee should be paid.



Chapter 7. Other provisions



Reporting to other States and others.



section 1 the Transportation Board shall perform the duties imposed on the administration or Sweden under articles 5.2, 8.1 second to fourth sentence, 10.4, second sentence, 11, 13(1) and 14(1) and rule E-1.5 of the 2004 International Convention on the control of the management of ships ' ballast water and sediments.



§ 2 If, during such inspection, of a Swedish ship Transport Board or a recognized organization performs in a port in the territory of another State, it appears that the ship or its equipment condition did not conform to the particulars in the certificate or that the ship be otherwise a risk to the environment, human health, property or resources, the Transportation Board shall immediately inform the competent authority of the other State.



3 § investigating leader who has opened a preliminary investigation of a crime set out in Chapter 8. 1, 2, 3, 4 or 5 of the ballast water law (2009:1165), to notify the public prosecutor's Office if it could reasonably be expected that the crime was committed on a foreign vessel.



The public prosecutor examines the question of whether the State in which the vessel is registered shall make investigation for the purpose of prosecution instead should take place in the State (flag State report).



The Prosecutor's Office may provide for flag State reports.



4 of a flag State report to be sent to the Swedish Transport Agency.



Transportation Board shall forward the report to the flag State, the competent authority of the State in which the vessel is registered.



The Swedish Transport Agency to translate documents to be sent to another State for a different language, if necessary.



Obligation to report accidents and other deficiencies that affect the management of ballast water



paragraph 5 of the Transport Board may provide for obligation to report accidents or other circumstances showing on defects that in any material respect affect a vessel's ability to manage ballast water.