Can an Indian port authority detain a ship under the Ballast Water Management Convention?
Short answer
flowchart LR
A["Article 9 inspection: certificate, Ballast Water Record Book, sampling"] --> B{"Valid certificate, proper record book, sample in order?"}
B -->|Yes| C["Ship proceeds"]
B -->|No| D["More detailed inspection; no discharge until safe (article 9.3)"]
D --> E["Article 10: warn, detain or exclude; flag notified (article 11)"]
E --> F["No undue delay; compensation if unduly detained (article 12)"]
- Yes: articles 9 and 10 of the BWM Convention 2004 (in force 8 September 2017): inspect and, on a violation, warn, detain or exclude.
- Article 9: certificate, Ballast Water Record Book and sampling; a more detailed inspection only without a valid certificate, on clear grounds, a badly kept record book or a bad sample; no discharge until safe (9.3).
- Article 10: on a detected violation the flag or port Party may warn, detain or exclude; a ship posing a threat may not discharge until it is removed.
- Safeguards: article 11 the flag is notified; article 12 no undue delay, compensation for undue detention.
- Standards: D-1 exchange at 95% volumetric or three tank volumes pumped through; D-2 fewer than 10 viable organisms per cubic metre at 50 µm and above, fewer than 10 per millilitre at 10 to 50 µm, and the indicator microbes.
- As Chief Engineer: the BWMS is mine: run to D-2, Record Book accurate, Plan and Certificate valid, so the port never finds grounds.
Full answer
The full answer explains each point step by step, with the regulations and figures behind it and the discussion from other candidates. It is in the MEO Class I section of the Marine One forum, open to members enrolled for the MEO Class I exam.