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Ballast Water inspection problems in Ukraine

Ballast Water inspection problems in Ukraine

 

The Qita P&I club has been informed, of problems regarding ballast water inspections by the local ecological inspectors.

 According to informations, despite the new Ukrainian law which cancelled the segregated ballast quality control on board ships, the local ecological inspectors are still trying to go on board vessels and exact bribes from the Master.  The Immigration Service of Ukraine was given special instructions to exclude the ecological inspectors from the list of official bodies who carry out inward clearance of ships.  Nevertheless, the ecological inspectors are still trying to go on board and take samples of ballast water by taking advantage of the Master’s lack of knowledge of Ukrainian law. 

 In the above circumstances, recommend Masters not to follow the inspectors’ instructions and not to allow them to take any samples of ballast water. Such inspection is allowed to be carried out only by the Port State Control officers.

 

Ukrainian Ecologic regulation:

 

“On April 03 2015, there came into force Order 82 dd. 18.03.2015 (filing No. 343/26788) of the Ministry of Ecology and Natural Resources of Ukraine “on introducing changes into some state ecological control regulations”. By virtue of this Order chemical control of segregated ballast is cancelled.  The said Order is aimed at improvement of the ecological control service activity and also it is intended to bring certain Ukrainian normative and legal acts in conformity with the international law.

 

In 2 recent cases while both vessels were loading grain at two private terminals – Nibulon and Nikaterra of Nikolaev port, local ecological inspectors used fake arguments to claim that both vessels had polluted the sea surface near the terminals.

 In the first case, the inspectors declared that they noticed oil spots near the vessel during de-ballasting operations. In the second, the inspectors took samples and carried out tests of the sea water surrounding the vessel before and after de-ballasting, and then declared there was an excess of pollutants in the sea. The inspectors alleged that the ballast had not been isolated on board and thus was subject to sampling and tests. As a result of the tests, huge fines were imposed on the vessels.

In the first case the vessel left port after the investigation and no claim has been lodged. In the second, the vessel’s owners chose to pay a fine in order to avoid the potential arrest and detention of the vessel. 

 

The Cabinet of Ministers of Ukraine issued an Order No 953 dated 13th October 2015 has provided different amendments to the ecological and radiological legislation. The main amendments are as follows:

 

1.     The ecological control will be carried out only in cases when the visible swimmer particles are coming out from the vessel and visible traces of the oil and other pollutants are on the sea surface which resulted actual water deterioration in the area of waste interception in comparison with the backgrounds in this area.

2.     The radiological control of the vessels canceled.

3.     The Orders comes into force after 30 days from the official publication.

 

Please also note that during recent period, the correspondent was involved into the incident at Nikolaev Nikatera terminal when authorities tried to blame the vessel for the alleged pollution, starting criminal investigation against the Master in order to have access on board for control ballast and other systems, checking log books etc, and trying to prove that the vessel ballast is not isolated. The State prosecutor and police investigator also as some ecologists tried to press the vessel/ the Master.

It is recommendable for the Master to contact the club in order to dispatch surveyors in case that Authorities, police, ecologist or any other persons try to access onboard to prevent delay/arrest the vessel and losses of the Owners/Club.

 
 
    News Group   :   Guidelines Date    :   2015/12/17 ساعت    :   09:52:36
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