UKRAINE: BALLAST WATER AND POLLUTION
The Association’s local correspondents in Ukraine, Dias Marine Consulting PC, have advised that, in accordance with Ukrainian law, where pollution is noted or suspected, the Ukrainian Ecological Authorities will arrange for an inspection of the ship and determination of the cause of pollution as well as any damages and/or fines. Current Ukrainian legislation additionally gives Ecological Inspection officials the right to go on board any ships in Ukrainian ports to perform sampling and carry out instrumental and laboratory measurements of the composition and properties of stationary sources of pollution onboard, such as from sewage and ballast water tanks, as well as from marine waters near the ship.
Masters are therefore advised to allow ecological inspectors to access their ships to obtain representative samples of ballast water that may be or is being discharged overboard. The samples shall be obtained from the approved sampling point(s) in accordance with the existing ballast water management system on board. All sampling should be closely monitored by ship staff, and representative samples may be retained on board.
Local correspondents DIAS should be notified as soon as practical, and recommend that ballast water exchange is conducted after entering the Black Sea, with appropriate records maintained.
Any fines imposed are reportedly dependant on a number of factors depending upon the circumstances and it is difficult to predict the level of fine in advance. We are advised that the method for calculation of damages, used in assessing any fine, was repealed in 2017 and has not been replaced. Therefore any fines imposed do not have a legal basis and can be challenged in the local courts.
Members are advised to contact local correspondents or the Association in case of any further queries.