A vessel that has passed its D-2 compliance implementation date and has an inoperable or faulty Ballast Water Treatment System may use one of the alternative methods outlined in IMO Circular BWM.2/Circ.62. Vessel is not allowed to discharge ballast water without the permission of the Port Authority and the flag state administration.

In general, the port state, the flag State and the ship should work together to agree on the most appropriate solution to allow for the discharge of ballast water found to be non-compliant. In case the ship is unable to manage ballast water discharge in accordance with the approved BWMP to meet D-2 standard, where D-2 compliance is required, the following contingency measures are to be decided on a case by case basis communication between the ship and the port State should occur and consider the following as possible measures:

• Discharge ballast water to another ship or to a reception facility
• Manage the ballast water or a portion in accordance with a method acceptable to the Port State
• Ballast water exchange carried out as described in the approved ballast water management plan for D-1, as per BWMP
• Operational actions such as modifying sailing or ballast water discharge schedules, internal transfer of ballast water or the retention of ballast water on board the ship.

The discharge of ballast water is subject to any conditions of the Port State. A statement that any malfunction and use of alternative management method shall be recorded in the Ballast Water Record Book.

The ship is required to do its best to correct malfunction of the BWMS as soon as possible and submit its repair plan to the Port State Control authorities and the flag State/Class.

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Reference: Ballast Water Management Plan

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