To: P&I Clubs and Shipowners – Ukrainian Ballast Regulation Update, September 2019

We have to notify that Ukrainian Government adopted changes to new ballast regulations - “The Rules of Protection of Inland Sea Waters and Territorial Waters from Littering and Polluting” which entered into legal force 28 April 2019.

By means of this Regulation the control of segregated ballast waters on the seagoing ships in Ukrainian ports was cancelled and Government of Ukraine has adopted the Regulation on Inspection, Taking Samples of Water and Conducting its Analysis, which has been approved by the Government's Resolution #828 on 21.08.2019.

As per new ballast regulations samples of water should be taken in the place of pollution in 2 (two) copies. The ISO standard (incorporated by Ukraine) 5667-6:2009 "Water Quality. Samples Taking. Section 6. Guidelines on taking water samples from rivers" or ISO standard 5667-9:2005 "Water Quality. Samples Taking. Section 9. Guidelines on taking samples of sea water" should applied by authorities while taking samples.

Sampling on board of the vessel should be conducted by the ecological inspection in the presence of the representative of the Maritime Administration, the Master (or another duly authorized person) and the agent (upon his consent).

Samples of water on board should be taken in 3 (three) copies. Each sample’s copy should be in volume over 3 dm3, i.e. three plastic bottles per 1 dm3 for each sample and allocated into the clean bottle for further transportation to the laboratory and conducting its analysis.

Taking of ballast samples for examination of its oil content should be performed into glass bottles only with the volume over 0.5 dm3 for each sample. The tare with samples of water should be closed and sealed.

The tare should be accompanied with special label indicating the vessel’s name, date/time of sampling, place of taking samples, number of samples, signatures of the representative of the Maritime Administration, the ecological inspection and the Master. The first sample of water samples shall remain on board (to be transferred to the Vessel's Master); the second copy should be delivered to the Maritime Administration; third copy should be delivered to laboratory. All notes and remarks related to the process of taking samples should be fixed in the Act of Taking Samples.

Based on current practice of inspections and court legal practice of settlement the ballast cases we prepared our recommendations concerning to the Shipowners’ defense in ballast cases.

Please find P&I Correspondents' recommendations in case of ballast inspection at Ukrainian ports:

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

- To explain ecologists that vessel is equipped by ballast system which is in line with MARPOL 73/78 and attach the class Certificate, so vessel's segregated ballast is not subject of inspection;

- Ballast Exchange Forms should be completed accurately and correctly;

- All ship’s ballast tanks should be well-maintained, the samples of the ballast water should be taken from each tank according to the Reports of Ballast Waters Operations except the tanks whose ballast has been de-ballasted or whose ballast is not intended for deballasting.

- Taking of samples on board of the vessel should be executed in the places designated for that purpose by the vessel's plans according to the nature of pollution (solely in respect of the substances, which caused the pollution of the water area according to the Act of Inspection of Water Quality) with taking into account constructive peculiarities of the vessel;

- Sampling onboard the vessel should be performed by using of clean capacity (basket, drum), which surface is chemically resistant;

- To instruct marine lawyers to be on standby; - Vessel’s Crew on duty performs 24 hours monitoring of water surface around the vessel and during de-ballasting, to take video with dates, photos, if possible; - Ship's administration should maintain a control of working condition of ballast tanks, pipelines, valves, gears, clinkets and relevant ballast equipment onboard;

- To avoid taking 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 separated from all the shipborne systems (e.g., fuel-injection system, cargo oil handling system, sanitary flushing system, etc.);

- To maintain a close contact between P&I Club, Shipowners, P&I Correspondent, ship's agent and P&I surveyor and do not sign or complete any documents, protocol submitted by the Ecological inspection until P&I surveyor or ship's agent are present;

- To arrange Master’s Letter of Protest and lodge it via the ship's agent to Ecologists' Office;

- After sailing the vessel if fine was imposed to arrange an appeal the fine through appropriate court procedure even after imposed and settlement the fine.

Hope our comments would be helpful. 25, October 2019, Odessa, Ukraine