Due to the common efforts of the Working Group on Ports Development of EBA Logistics Committee and other business associations, the order of the Ministry of Ecology and Natural Resources of Ukraine “On amendments to some legislative acts in the field of state environmental control” № 82 from 18 March, 2015 was adopted. Ministry of Justice of Ukraine registered this order on 30 March, 2015 under the № 343/26788.
Background: According to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78 Convention), to which Ukraine also joined and which provides the classification of ballast waters, isolated ballast is not to be put under control, and its discharge in any areas is not prohibited. Existing control of segregated ballast waters in Ukraine is not consistent with international and national laws. EBA experts in letters and during a series of meetings have called for the attention of authorized representatives of public authorities on the need to solve such problems, which adversely affect business processes in the state.
To deal with this situation and in pursuance to the Decision of the State Service of Ukraine for Regulatory Policy and Entrepreneurship Development №29 from 30 April, 2014, the Order of the Ministry of Ecology and Natural Resources of Ukraine №216 from 10 July, 2014 was adopted, which, despite its goal, did not solve the issue and control of segregated ballast waters continued.
The EBA has for a long time expressed our support position on any significant changes in the sphere of environmental control of segregated ballast waters, because such controls have provided possibilities for corrupt actions by environmental inspectors, and reduced the number of vessels arriving and the amount of freight transportations at sea ports.
The Order №82 defined the term “isolated ballast” under the MARPOL 73/78 Convention, which has still has not been determined in Ukrainian legislation, and it clearly defined that State ecological inspectors may conduct the sampling of water “except for segregated ballast waters”.
We would like to thank the State Regulatory Service of Ukraine, Ministry of Economic Development and Trade of Ukraine and the Ministry of Ecology and Natural Resources of Ukraine for their fruitful cooperation on this issue, as well as members of EBA (Logistics Committee), who took an active part in this process.