03/ 08/ 2015

Control of segregated ballast waters at sea ports in Ukraine is finally abolished

Control of segregated ballast waters has been a corruption scheme faced by every vessel arriving to the sea ports of Ukraine.

Such “control” in numbers:
25-30 million USD per year received by environmental inspectors at Ukrainian ports during the chemical analysis of segregated ballast waters;
10-25 thousand USD per day – losses of ship owners due to the staying of vessels at Ukrainian ports;
2-3 thousand USD – so is the total amount to “pay off” from ecology inspectors for most of arriving vessels.

Control of segregated ballast waters:

  • Contradicted the MARPOL 73/78 Convention ratified by Ukraine;
  • Increased time for control procedures;
  • Overall, had a very negative impact on the total amount of transit cargo passing through Ukraine;
  • Resulted in significant losses for ship owners and contained significant corruption risks.

The EBA Logistics Committee did not stand aside while this problem actually destroyed the attractiveness of Ukrainian seaports. However, each new “legal victory” and amendments to legal acts did not lead to the actual disappearance of segregated ballast waters control.

Recently, due to the active participation of the business community, the Cabinet of Ministers of Ukraine (CMU) adopted a Resolution amending the Rules protection of inland sea and territorial sea waters of Ukraine from pollution and contamination. These changes ultimately canceled the chemical analysis of segregated ballast waters, and all transactions with segregated ballast must be carried out in accordance with the MARPOL 73/78 Convention. We hope that this step of the CMU will put an end to the segregated ballast waters control and related corruption schemes.

The Association would like to express gratitude for the decisive actions of the Prime Minister of Ukraine, the Ministry of Infrastructure of Ukraine, the State Regulatory Service of Ukraine, as well as all member-companies of the Association who took an active part in this process.

We are ready to continue working on solving problems in this sphere, and hope for support from the authorities and for an open dialogue with business representatives.

Legal information:

Resolution №492, adopted by the CMU on July 7, 2015, amending the Rules of internal sea and territorial sea waters of Ukraine from pollution and contamination, approved by CMU Resolution №269 of February 29, 1996, entered into force on July 24, 2015.

These changes, among others, introduced a the definition for “isolated ballast”, suggest all operations with segregated ballast waters to be undertaken under the MARPOL 73/78 Convention and establish that chemical analysis of ballast waters should be made only in case of water contamination during its reset (visible floating particles or visible traces of oil or oily or other contaminants in the area of discharge).

If you have any questions please contact Yuliya Malich, EBA Logistics Committee Coordinator, or call (044) 496-06-01.

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