A unique aspect of ballast water management requirements--the same location concept

Under certain circumstances vessels do not need to meet ballast water management requirements as stated in the International Convention for the Management and Control of Ballast Water and Sediments (BWM Convention). Besides exceptions to ensure e.g., (a) the safety of a ship, (b) discharge of ballast water for the purpose of avoiding or minimizing pollution incidents, (c) uptake and discharge on high seas of the same ballast water, the same location concept comes into play as ballast water discharges from a ship at the same location where it was taken up is also excepted from BWM requirements. The term same location was not defined in this instrument, hence it is exposed to different interpretations (e.g., a terminal, a port, a larger area where two or more ports may be located). As the BWM Convention is an instrument with biological meaning, the authors recommend a biologically meaningful definition of the same location in this contribution.