Being a P&I Correspondents in Ukraine we confirm that State Ecological Inspection for Protection of Black Sea (SIPBS, or state ecologists) has resumed the practice of attacking the vessels calling at Ukrainian ports due to ballast inspections. Thus state ecologists deal severely with ballast inspection again and ground for inspection is exclusively if a vessel dumps any visible floating parts or traces of oil or oil-containing or any other polluting substances in the area of dumping, which leads to an actual impairment of the quality of water. In accordance with environmental requirements ships which entering the Black Sea when passed Bosporus straight should change the ballast waters taken in other areas of the ocean. On March 27, 2019 the Ukrainian Cabinet of Ministers adopted the Resolution No.367 “Some Issues of Deregulation of Commercial Activity”, which amends the Government Resolution No.269 dd. 29.02.1996 “The Rules of Protection of Inland Sea Waters and Territorial Waters from Littering and Polluting” entered into legal force 28 April 2019 with regard to ballast waters control in Ukrainian sea ports. This regulation cancelled the control of segregated ballast waters on the seagoing ships in Ukrainian ports. The procedure of detecting the pollution discharge should be into compliance with MARPOL 73/78. The Regulation established that the State Ecological Inspection is forbidden to execute control of the segregated ballast waters on the seagoing ships until the Government adopts the special procedure that should regulate the conducting of ballast water inspections, taking the samples and carrying out their analysis. Ukrainian authorities in process of elaboration of the regulation the segregated ballast control matters. Thus the segregated ballast waters on ships are allowed to be discharged in Ukrainian ports without any restrictions and control from the state ecological inspection or other authorities. We prepare some practical recommendations how to protect Shipowners’ interests before the ecological inspection.

P&I Correspondents’ Recommendations:

• Master should change the ballast after entering Black Sea from and Ballast Exchange Forms should be completed accurately and correctly

• Ship's administration should maintain a control of working condition of ballast tanks, pipe lines, valves, gears, clinkets and relevant ballast equipment onboard. All ship’s ballast tanks should be well-maintained, i.e. they should be painted, there should be no any rust or loose scale inside. To avoid load ballast at non-designated tanks and avoid connections with other tanks which are not designated for these purposes, so only segregated ship's ballast is not a subject of mandatory sampling/analysis under local ballast regulations.

• Vessels without segregated ballast system will be under control of ecological inspectors in each port, therefore ballast that is in the ballast tanks should be completely segregated and independent from all the shipborne systems (e.g., fuel-injection system, cargo oil handling system, sanitary flushing system, etc.).

• To notify in advance P&I Correspondent to instruct P&I surveyor for attendance onboard together with ecological authorities.

• To maintain a close contact between P&I Club, Shipowners, P&I Correspondent and surveyor during procedure of inspection by the ecologocal authorities and do not sign or complete any documents, protocol submitted by the Ecological inspection until P&I surveyor are present.

• To arrange ship’s sailing in exchange of P&I Correspondents’ Letter of Undertaking to Harbour Master Office. Harbour Master accepts LOU from the P&I Correspondents duly registered as Ukrainian company

• To arrange Master’s Letter of Protest and obtain the Power of Attorney from Master in favor of local lawyers. P.O.A. should be issued in order to protect Shipowners interests and after sailing the vessel to arrange an appeal the fine through appropriate court procedure even after imposed and settlement the fine.