BALLAST WATER MANAGEMENT ACT
Act No. 8788, Dec. 21, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9613, Apr. 1, 2009
Act No. 11690, Mar. 23, 2013
Act No. 12540, Mar. 24, 2014
Act No. 14605, Mar. 21, 2017
Act No. 14733, Mar. 21, 2017
Act No. 16152, Dec. 31, 2018
Act No. 16160, Dec. 31, 2018
Act No. 17031, Feb. 18, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the control of the infusion of harmful aquatic organisms into the Republic of Korea and the conservation of the marine ecosystem through the management of ships' ballast water and sediments therefrom to ensure the effective treatment, exchange, uptake, and discharge of such ballast water.
The terms defined in this Act shall be as follows: <Amended on Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018; Feb. 18, 2020>
| 2. | The term "ships' ballast water" means water taken on board a ship to control the trim of the ship (including matter dissolved in, or aquatic organisms and pathogens inhabiting, the water); |
| 3. | The term "sediment" means matter taken into a ship in the course of taking up ballast water into the ship and settled out of the ballast water or matter left over within the ship after ballast water is discharged; |
| 4. | The term "treatment" means to remove, or render harmless, otherwise harmful aquatic organisms by a mechanical, physical, chemical, or biological method; |
| 5. | The term "exchange" means to exchange the ballast water loaded on board a ship with water outside of the ship; |
| 6. | The term "uptake" means to take up ballast water from outside of a ship into the ship; |
| 7. | The term "discharge" means to release ballast water or sediment from the inside of a ship to the outside of the ship: Provided, That excluded herefrom are those related to survey and research for scientific purposes; |
| 8. | The term "harmful aquatic organism" means an aquatic organism or a pathogen which, if introduced into waters, such as any river, lake, marsh, or sea, may have hazardous impact on the natural environment, human beings, property, or the diversity of aquatic organisms, or may interfere with the use and development of such waters; |
| 9. | The term "ship's ballast water management" means to control the introduction of harmful aquatic organisms through a ship's ballast water in the course of the treatment, exchange, uptake, or discharge of the ship's ballast water or sediments therein; |
| 10. | The term "treatment substance" means a substance or organism (including a virus or a fungus) applied for the treatment of harmful aquatic organisms; |
| 11. | The term "jurisdictional waters" means the following waters: |
| 12. | The term “built ship” means any ship, the keel of which is laid or which is in an equivalent stage of construction (referring to the stage in which at least fifty tones or one percent of the estimated mass of all structural material of a ship has assembled) and any ship that undergoes a major conversion prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to the ships of the Republic of Korea that fall under Article 2 of the Ship Act (hereinafter referred to as "ships of the Republic of Korea") and that operate for international navigation (including floating marine structures among ships under subparagraph 1 of Article 2 of the Ship Safety Act). |
| (2) | This Act shall apply to any ship, other than ships of the Republic of Korea, that operates for international navigation (hereinafter referred to as "foreign ship") and that navigates through, or is moored on, jurisdictional waters: Provided, That Articles 9 (1), 11 through 16, 27, 29, 30, and 32 shall not apply to any foreign ship. |
| (3) | Notwithstanding paragraphs (1) and (2), the application of this Act to any of the following ships may be, entirely or partially, waived or relaxed, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Dec. 31, 2018; Feb. 18, 2020> |
| 1. | A ship not constructed to carry ballast water; |
| 2. | A warship, a naval auxiliary, a ship for police purposes, or a ship owned or operated by the State or a local government, used for non-commercial purposes only; |
| 3. | A small ship satisfying all of the following: |
| (a) | A ship with a length of less than 50 meters, the dimensions of which are prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| (b) | A ship for the purpose of search, racing, etc., prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 4. | A ship falling under an agreement, if any, between the Government of the Republic of Korea and a foreign government, which falls within the scope of application of this Act; |
| 5. | A ship used in any emergency situation specified by Ordinance of the Ministry of Oceans and Fisheries, such as rescue of victims of shipwrecks; |
| 6. | A ship equipped with facilities for the management of ballast water provided for in Article 8-2 in order to develop, test, or evaluate new technology for the management of ballast water; |
| 7. | A ship loaded with permanent ballast water in sealed ballast water tanks (referring to tanks of a ship that contain ballast water; hereinafter the same shall apply); |
| 8. | A ship which discharges ballast water it took on in open seas and sediments in open seas; |
| 9. | A ship which discharges the whole of ballast water and sediments exclusively in the same sea area as the location from which the whole of the ballast water taken: Provided, That no mixing of unmanaged ballast water or sediments taken from another location shall take place; |
| 10. | A foreign ship which merely navigates the jurisdictional waters of the Republic of Korea; |
| 11. | Ships prescribed by Ordinance of the Ministry of Oceans and Fisheries according to the determination of the International Maritime Organization. |
| Article 4 (Relations with International Conventions) |
If the standards provided for in the International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (hereinafter referred to as the “International Convention”) that internationally takes effect with regard to the management of ships' ballast water and the introduction of harmful aquatic organisms differ from those provided for in this Act, the standards provided for in the International Convention shall take precedence in application: Provided, That if the provisions of this Act include more stringent standards than those provided for in the International Convention, the provisions of this Act shall take precedence in application. <Amended on Dec. 31, 2018>
| Article 4-2 (Obligations of the State) |
| (1) | The Minister of Oceans and Fisheries shall endeavor to prevent damage to marine ecosystems that is caused by transport of ballast water across countries. |
| (2) | The Minister of Oceans and Fisheries shall endeavor to promote efficient international cooperation with foreign countries, international organizations, etc. by establishing an organization for technical cooperation, education and training, information exchange, and joint survey and research in ballast water management. |
| (3) | The Minister of Oceans and Fisheries may submit to the International Maritime Organization information on Korean statutes and regulations, systems, and any reception facilities of ballast water for implementing the International Convention or make such information available to other Parties of the International Convention for their activities to protect marine ecosystems. |
| (4) | The Minister of Oceans and Fisheries may establish and operate any facility for storing ballast water discharged onshore from a ship in an emergency, such as malfunction or damage of any equipment installed in a ship or a ship accident, in order to treat ballast water under Article 8. |
[This Article Newly Inserted on Dec. 31, 2018]
CHAPTER II PROHIBITION AGAINST DISCHARGE OF SHIPS' BALLAST WATER AND DESIGNATION OF SPECIAL ZONES
Any ship entering into jurisdictional waters other than jurisdictional waters shall file an entry report with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
| Article 6 (Prohibition against Discharge of Ships' Ballast Water) |
No owner of a ship (referring to the charterer of a ship, if the ship has been chartered; hereinafter the same shall apply) shall discharge any ship's ballast water or sediments therefrom within the jurisdictional waters: Provided, That the foregoing shall not apply in any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Dec. 31, 2018>
| 1. | Where a ship equipped with facilities for exchange of the ship’s ballast water under Article 8 (1) exchanges or takes up the ship's ballast water at any waters specified by Ordinance of the Ministry of Oceans and Fisheries and discharges such water in accordance with the methods prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That the exchange methods referred to in the main sentence can be used by the time limit specified by Ordinance of the Ministry of Oceans and Fisheries; |
| 2. | Where harmful aquatic organisms contained in the ship's ballast water or sediments therefrom have been treated in conformity with the standards prescribed by Ordinance of the Ministry of Oceans and Fisheries; |
| 3. | Where a ship's ballast water or sediments therefrom are discharged to the disposal facility of any disposal services provider of ships' ballast water under Article 21 or which is designated by a foreign government that is a party to the International Convention; |
| 4. | Where a ship’s ballast water, which is not exchanged since the captain of the ship determines that exchanging of the ship’s ballast water may be a threat to the safety of the ship due to any unavoidable cause, such as rough weather or equipment failure, is discharged by the method publicly notified by the Minister of Oceans and Fisheries; |
| 5. | Where a ship’s ballast water is discharged by the method approved by the relevant international organization or the method prescribed by Ordinance of the Ministry of Oceans and Fisheries, other than cases falling under subparagraphs 1 and 2. |
| Article 7 (Designation of Special Zones) |
| (1) | In order to prevent the disturbance or destruction of the aquatic ecosystem by the infusion of harmful aquatic organisms, the Minister of Oceans and Fisheries may designate and publicly notify part of jurisdictional waters as a zone subject to the extraordinary control of ships' ballast water (hereinafter referred to as "special zone"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such cases, an order to refrain from the exchange, uptake, and discharge of ballast water and to take other necessary measures (hereinafter referred to as "special measure") shall be issued to the ships operating in or moored at the special zone. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Oceans and Fisheries intends to designate and publicly notify a special zone pursuant to paragraph (1), he/she shall consult in advance with the government of each country whose marine ecosystem may be adversely affected by such special measure, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When The Minister of Oceans and Fisheries designates and publicly notifies a special zone, he/she shall notify the following ships and appropriate authorities of the details thereof, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Ships navigating through the special zone on a regular basis; |
| 2. | The government of each country whose marine ecosystem may be adversely affected by the special measure; |
| 3. | Appropriate international organizations. |
| Article 8 (Installation of System for Ship's Ballast Water Management) |
| (1) | The owner of each ship shall install a system for the treatment of the ship's ballast water (hereinafter referred to as "ballast water treatment system") or for the exchange of the ship's ballast water (hereinafter referred to as "ballast water exchange system") in the ship, as prescribed by Ordinance of the Ministry of Land, Oceans and Fisheries: Provided, That this shall not apply to cases falling under subparagraph 3 or 5 of Article 6. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (2) | The technical standards for the control devices necessary for ballast water treatment systems or ballast water exchange systems installed in ships in accordance with paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 8-2 (Installation, etc. of Ballast Water Treatment Systems for Test) |
| (1) | Any person who intends to install a ballast water treatment system for development and test or evaluation of new technology in a ship, in which the ballast water treatment system under Article 8 (1) shall be installed, shall obtain approval or undergo confirmation inspection and examination of the following from the Minister of Oceans and Fisheries: |
| 1. | Approval of testing plan for development and test or evaluation of new technology; |
| 2. | Confirmation inspection following the installation of a ballast water treatment system for test in a ship pursuant to the approved testing plan; |
| 3. | Examination of implementation of the approved testing plan. |
| (2) | Where the Minister of Oceans and Fisheries confirms that a ballast water treatment system for test is properly installed under the approved testing plan, he/she shall issue the certificate of compliance for a ballast water treatment system. |
| (3) | If necessary to implement a testing plan as a result of examination under paragraph (1) 3, the Minister of Oceans and Fisheries may order the suspension of validity of the certificate of compliance for a ballast water treatment system, or correction or supplementation. |
| (4) | Procedures for approval, confirmation inspection, and examination under paragraph (1), procedures for issuance of the certificate of compliance under paragraph (2), and matters necessary for orders such as suspension of validity under paragraph (3) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 9 (Preparation of Ballast Water Management Plans) |
| (1) | The owner of each ship shall prepare a plan describing the process and method of the treatment, exchange, uptake, and discharge of the ship's ballast water (hereinafter referred to as "ballast water management plan") in connection with the management of the ship's ballast water and shall submit it to the Minister of Oceans and Fisheries for examination and approval thereon. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The owner of each ship shall treat, exchange, take up, and discharge the ship's ballast water or remove or discharge sediments therefrom in compliance with the ship's ballast water management plan. |
| (3) | The owner of each ship shall conduct training programs for persons who are in charge of ship's ballast water management to ensure that such persons are well aware of the ship's ballast water management plan and perform their duties in compliance with the plan, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The owner of each ship shall keep the ship's ballast water management plan on board the ship, and shall present it immediately upon receiving a request from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters necessary for the mandatory descriptions in each ship's ballast water management plan, the method of preparing the plan, and other relevant matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 10 (Keeping Ship's Ballast Water Management Record Books) |
| (1) | The owner of each ship shall keep a record book on board the ship for entering the records of the ship's ballast water treated, exchanged, taken up, and discharged (hereinafter referred to as "ballast water management record") and shall enter the matters specified by Ordinance of the Ministry of Oceans and Fisheries, such as the quantities of the ship's ballast water treated, exchanged, taken up, and discharged. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The period for the preservation of each ship's ballast water management record book shall be five years from the date on which the last entry was made in the ballast water management record, and the method of preservation shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The owner of each ship shall present the ship's ballast water management record immediately upon receiving a request from the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Matters necessary for the form and the method of recording each ship's ballast water management record shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER III SHIP SURVEY FOR BALLAST WATER MANAGEMENT
| Article 11 (Approval for Drawings) |
| (1) | Any person who intends to construct a ship or any ship owner who intends to install a ballast water treatment system or a ballast water exchange system (hereinafter referred to as "ballast water management system") for the first time in the ship shall obtain approval of the drawings of the relevant ship from the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. The foregoing shall also apply to intended changes of any approved matter: Provided, That it shall not apply to the drawings prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (2) | Upon receiving a request for approval of drawings pursuant to paragraph (1), the Minister of Oceans and Fisheries shall grant approval to such drawings if the drawings meet the standards for the ships' ballast water management under this Act and shall affix a mark of approval on the relevant drawings. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Any person who has obtained approval under paragraph (1) shall construct or alter the ship in conformity with the approved drawings. |
| (4) | The owner of each ship shall keep the drawings approved pursuant to paragraph (1) in the ship. |
| Article 11-2 (Ships Subject to Surveys) |
The owner of a ship with at least 400 gross tonnage that operates for international navigation shall undergo the ship surveys required under Articles 12 through 14: Provided, That the foregoing shall not apply to any floating marine structures. [This Article Newly Inserted on Dec. 31, 2018]
| Article 12 (Periodic Surveys) |
| (1) | When the owner of each ship installs a ballast water management system in the ship to use it for navigation or when the term of validity under Article 15 expires, he/she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "periodic survey"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (2) | If a ship passes a periodic survey, the Minister of Oceans and Fisheries shall issue a survey certificate of the ship's ballast water management system (hereinafter referred to as "survey certificate"), as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2014> |
| (3) | The owner of each ship who has received a survey certificate shall keep it in the ship. |
| Article 13 (Interim Surveys) |
| (1) | The owner of each ship shall undergo a survey conducted by the Minister of Oceans and Fisheries, on the state of maintenance and management of the ship's ballast water management system in between each periodic survey (hereinafter referred to as "interim survey"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The types of interim surveys shall be divided into Class 1 and Class 2, and the time and procedure for, and the subject matter of, the survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | If a ship passes an interim survey conducted under paragraph (2), the Minister of Oceans and Fisheries shall indicate the results of such survey on the survey certificate under Article 12 (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | A person unable to undergo an interim survey due to unavoidable reasons, such as conducting navigation and operation for a long time in waters other than jurisdictional waters, may postpone the interim survey by applying Article 9 (4) of the Ship Safety Act mutatis mutandis. <Newly Inserted on Feb. 18, 2020> |
| Article 14 (Temporary Surveys) |
| (1) | Where the owner of each ship intends to replace, alter, or repair the ship's ballast water management system, he/she shall undergo a survey conducted by the Minister of Oceans and Fisheries (hereinafter referred to as "temporary survey"): Provided, That the same shall not apply to any minor matters prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (2) | Deleted. <Dec. 31, 2018> |
| (3) | The procedure for, and the subject matter of, a temporary survey shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 15 (Period of Validity of Survey Certificate) |
| (1) | The term of validity of each survey certificate shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries within the maximum of five years. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Oceans and Fisheries may extend the term of validity of each survey certificate under paragraph (1) by up to five months, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | If a ship fails to pass an interim or temporary survey, the validity of the relevant survey certificate is suspended until it passes the relevant survey. |
| (4) | The standards for, and the method of, counting the term of validity under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 16 (Prohibition against Navigation of Ships without Keeping Survey Certificate) |
| (1) | No one shall navigate any ship without a survey certificate or with a survey certificate the validity of which is suspended: Provided, That the foregoing shall not apply where a ship is navigated for the purpose of undergoing a ship survey under the Ship Safety Act. |
| (2) | No one shall navigate a ship in any manner inconsistent with the terms and conditions set forth in the relevant survey certificate: Provided, That the foregoing shall not apply where a ship is navigated for the purpose of undergoing a ship survey under the Ship Safety Act. |
CHAPTER Ⅳ TYPE APPROVAL AND EXAMINATION FOR SHIPS' BALLAST WATER MANAGEMENT
| Article 17 (Type Approval and Examination) |
| (1) | Any person who intends to manufacture or import a ship's ballast water treatment system shall obtain approval from the Minister of Oceans and Fisheries for its type (hereinafter referred to as "type approval"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Any person who intends to obtain type approval shall, in advance, pass the type approval test under the following classification. In such cases, the standards necessary for the type approval test shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| 1. | Conformance test: A test to verify whether design, structure, operation, and functions conform with this Act and are appropriate for the sailing of a ship; |
| 2. | Environmental test: A test to verify whether electric and electronic components are suitably maintained and operated under the environment of a ship; |
| 3. | Ground test: A test conducted in facilities for ground tests publicly notified by the Minister of Oceans and Fisheries to verify whether it complies with the treatment criteria prescribed in subparagraph 2 of Article 6; |
| 4. | On board test: A test conducted on board in the actual dimensions of a ballast water treatment system completed to verify whether it complies with the treatment criteria prescribed in subparagraph 2 of Article 6. |
| (3) | Notwithstanding paragraph (2), where any person intends to obtain new type approval following change of the normal treatment capacities of a ballast water treatment system which has previously obtained type approval (excluding where ballast water treatment systems are connected in series, using treatment substances), the test for the relevant ballast water treatment system (hereinafter referred to as “same type treatment system”) may be substituted with the type approval test prescribed by Ordinance of the Ministry of Oceans and Fisheries. In such case, the criteria necessary for the type approval test shall be prescribed and publicly notified by the Minister of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014> |
| (4) | Notwithstanding paragraph (1), a person who has passed the type approval test of a foreign government recognized and publicly notified by the Minister of Oceans and Fisheries or a test institution accredited by the relevant foreign government to have the test standards at least equivalent to those determined by Ordinance of the Ministry of Oceans and Fisheries may be fully or partially exempted from the type approval tests under paragraphs (2) and (3) and the latter part of paragraph (6). <Newly Inserted on Mar. 21, 2017; Dec. 31, 2018; Feb. 18, 2020> |
| (5) | The Minister of Oceans and Fisheries shall issue a type approval certificate prescribed by Ordinance of the Ministry of Oceans and Fisheries to each person who has passed the type approval test under paragraphs (2) and (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018> |
| (6) | Any person who receives type approval and intends to change any matter for which type approval was granted shall obtain approval from the Minister of Oceans and Fisheries for such change. In such cases, if the intended change affects the performance thereof and falls under changes publicly notified by the Minister of Oceans and Fisheries, the person shall undergo all or part of the type approval test under paragraph (2) separately for the changed part. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017> |
| (7) | Any person who has obtained type approval or approval for change under paragraphs (1) through (6) shall undergo an examination by the Minister of Oceans and Fisheries as for the relevant ballast water treatment system in accordance with the examination standards prescribed and publicly notified by the Minister of Oceans and Fisheries. In such cases, any ship's ballast water treatment system that has passed the examination by the Minister of Oceans and Fisheries shall be deemed to have passed the survey conducted first out of the periodic, interim, or temporary survey that shall be conducted pursuant to Articles 12 through 14. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017> |
| (8) | The Minister of Oceans and Fisheries shall issue an examination certificate to any person who has passed the examination under paragraph (7) and shall affix a mark indicating that the ship's ballast water treatment system has passed the examination. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017> |
| (9) | Matters necessary for type approval, type approval tests, the issuance of type approval certificates, approval for change, examination, the issuance of examination certificates, the indication of passing the examination, and other relevant matters under paragraphs (1) through (8) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017> |
| Article 17-2 (Term of Validity and Renewal of Type Approval Certificates) |
| (1) | The term of validity of a type approval certificate under Article 17 (5) shall be five years. <Newly Inserted on Mar. 21, 2017> |
| (2) | Any person who intends to continue to maintain a type approval following termination of the term of its validity under paragraph (1) shall apply for renewal of the type approval to the Minister of Oceans and Fisheries 30 days before the term of validity of the type approval expires. |
| (3) | Procedures for renewal of type approval certificates under paragraph (2) and other matters necessary for renewal of type approval certificates shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 17-3 (Quality Control, etc. of Type Approval Tests) |
| (1) | The Minister of Oceans and Fisheries shall conduct quality control on the following regarding ground tests and on-board tests under Article 17 (2): |
| 1. | Testing plans for type approval; |
| 2. | Test procedures and methods and human resources of a testing institution for test approval; |
| (2) | The Minister of Oceans and Fisheries may perform certification for quality control under paragraph (1) (hereinafter referred to as “certification of quality control system”). |
| (3) | Criteria, methods and procedures of certification of quality control system, and other necessary matters thereof shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 17-4 (Succession to Status of Persons Granted Type Approval) |
| (1) | Any of the following persons shall succeed to the status of a person granted type approval under Article 17 (1) and (3): |
| 1. | A transferee, if a business owner transfers his or her business; |
| 2. | An heir, if a business owner dies; |
| 3. | A surviving corporation or newly established corporation following a merger, if a business owner, which is a corporation, merges with another corporation. |
| (2) | A person who has succeeded to the status of a business owner under paragraph (1) shall report to the Minister of Oceans and Fisheries, as prescribed by Ordinance of Ministry of Oceans and Fisheries, within one month from the date of succession. |
| (3) | Article 22 shall apply mutatis mutandis to any person who has succeeded to the status of a person granted type approval under paragraph (1). |
[This Article Newly Inserted on Dec. 31, 2018]
| Article 18 (Revocation of Type Approval) |
If any person to whom type approval under Article 17 (1) was granted falls under any of the following cases, the Minister of Oceans and Fisheries may cancel such type approval or suspend its validity for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1, 2, or 4, the type approval shall be cancelled: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018> | 1. | Where a person has obtained type approval or approval for change or underwent an examination by fraud or other improper means; |
| 2. | Where a ship's ballast water treatment system manufactured or imported fails to conform to the testing standards necessary for type approval under Article 17 (2); |
| 3. | Where a person has failed to manufacture or import the ship's ballast water treatment systems for at least two consecutive years without good cause; |
| 4. | Where a person returns the relevant test approval certificate; |
| 5. | Deleted. <Dec. 31, 2018> |
| Article 19 (Designation of Testing Institutions for Type Approval) |
| (1) | The Minister of Oceans and Fisheries shall designate a person who meets the designation standards for testing equipment in possession, the certification and maintenance of the quality management system, and other relevant matters prescribed by Ordinance of the Ministry of Oceans and Fisheries as a testing institution that shall conduct type approval tests under Article 17 (2) (hereinafter referred to as "testing institution for type approval"). <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (2) | Any person who intends to be designated as a testing institution for type approval or any person who intends to modify what is stated in the certificate of designation after obtaining designation shall file an application with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018> |
| (3) | If any testing institution for type approval falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation thereof or order such institution to suspend business for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1, the designation of a testing institution shall be cancelled: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| 1. | Where a testing institution has been designated by fraud or other improper means; |
| 2. | Deleted; <Mar. 24, 2014> |
| 3. | Where a testing institution ceases to meet the designation standards under paragraph (1); |
| 4. | Where it is deemed that a testing institution has lost public confidence in its type approval test due to mistakes and omissions; |
| 5. | Where a testing institution refuses an application for testing without good cause; |
| 6. | Where a testing institution engages in any misconduct in connection with a test or receives any unfair fee. |
| (4) | When the Minister of Oceans and Fisheries makes the designation pursuant to paragraph (1) or cancels the designation or suspends business pursuant to paragraph (3), he/she shall give public notice of the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Matters necessary for the procedure for the designation of testing institutions for type approval, the supervision over, and the guidance for, testing institutions for type approval by the Minister of Oceans and Fisheries shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 19-2 (Recognition of Ballast Water Treatment Systems of Ships Imported from Foreign Countries) |
The Minister of Oceans and Fisheries may recognize that a ballast water treatment system, to which a party to the International Convention grants type approval and which is installed on a ship imported from a foreign country, obtains type approval, test for type approval, or examination thereof under Article 17 (1), (2), or (7). <Amended on Mar. 21, 2017; Dec. 31, 2018> [This Article Newly Inserted on Mar. 24, 2014]
| Article 20 (Approval for Treatment Substances) |
| (1) | Any person who intends to obtain type approval with development of a ballast water treatment system by applying any kind of treatment substances (including a compound containing any treatment substance; the same shall apply hereinafter) for ships' ballast water management shall obtain approval of an international organization for the treatment substance and the ballast water treatment system. In such cases, kinds and period of which he/she shall obtain approval of the international organization shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Mar. 24, 2014> |
| (2) | Deleted. <Mar. 24, 2014> |
| (3) | No ship owner shall use any treatment substance which is not approved by an international organization or the approval for which is cancelled: Provided, That any ship that has used the treatment substance approved in accordance with paragraph (1) until the approval is cancelled may use the treatment substance, the approval for which is cancelled, for a limited period until before the next periodic or interim survey. |
| (4) | Any person who intends to obtain type approval with development of a ballast water treatment system without use of any kind of treatment substance shall prove that he/she does not use such treatment substance. <Newly Inserted on Mar. 24, 2014> |
| (5) | Procedures of applying approval of an international organization and procedures of proving a ballast water treatment system which does not use a ballast water treatment system, and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014> |
| Article 20-2 (Designation, etc. of Independent Testing Institutions) |
| (1) | If necessary, the Minister of Oceans and Fisheries may require a professional testing institution designated by the Minister of Oceans and Fisheries (hereinafter referred to as “independent testing institution”) to execute the following affairs in proxy: |
| 1. | Quality control for ground test and on-board test under Article 17-3; |
| 2. | Review on application documents for approval of an international organization for a treatment substance under Article 20 (1); |
| 3. | Review of proof documents under Article 20 (4); |
| 4. | Other affairs prescribed by the Minister of Oceans and Fisheries concerning the type approval test and approval of a treatment substance. |
| (2) | If any independent testing institution falls under any of the following cases, the Minister of Oceans and Fisheries may cancel the designation or order it to suspend its business for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, the designation of an independent testing institution shall be cancelled: |
| 1. | Where an independent testing institution has been designated by deceit or in any other fraudulent way; |
| 2. | Where an independent testing institution requests cancellation of its designation; |
| 3. | Where an independent testing institution ceases to meet the designation standards for the independent testing institution; |
| 4. | Where it is deemed that an independent testing institution has lost its public confidence by operational intention or serious negligence; |
| 5. | Where an independent testing institution refuses its affairs or delays the type approval test without any justifiable grounds; |
| 6. | Where an independent testing institution refuses submission of report or materials under Article 33 (1); |
| 7. | Where an independent testing institution refuses, interferes with, or evades the access or investigation under Article 33 (2); |
| 8. | Where an independent testing institution fails to perform the disposition such as correction under Article 33 (5). |
| (3) | Designation criteria of independent testing institutions, the details of the agreement thereof, and other necessary matters shall be prescribed by Presidential Decree; and designation procedures, the guidance for, and the supervision over, independent testing institutions shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | If any executive officer or employee of an independent testing institution conducts any of the following acts in relation to the relevant operation of the independent testing institution, the Minister of Oceans and Fisheries may request the head of the independent testing institution to dismiss the relevant executive officer or employee or to suspend his/her duties for a prescribed period not exceeding one year: |
| 1. | Where he/she commits any fraudulent act related to operation; |
| 2. | Where he/she receives any unfair fee; |
| 3. | Where he/she discloses or steals confidentiality that he/she has learned while performing his/her duties, in violation of Article 36-3; |
| 4. | When he/she breaches any order issued under this Act. |
| (5) | When the head of an independent testing institution is requested to dismiss its employees or suspend the duties thereof under paragraph (4), he/she shall take measures against the relevant employee without delay and report the results thereof to the Minister of Oceans and Fisheries. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 20-3 (Establishment and Operation of Computer Network) |
| (1) | The Minister of Oceans and Fisheries may establish and operate a computer network which enables anybody to peruse all or part of the contents of type approval and the results of type approval tests regarding a ballast water treatment system of which type approval or approval for change is obtained under Article 17 (1) and (6). <Amended on Mar. 21, 2017> |
| (2) | The Minister of Oceans and Fisheries may entrust the establishment and operation of a computer network under paragraph (1) to an independent testing institution. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 20-4 (Operation of Advisory Group) |
| (1) | The Minister of Oceans and Fisheries may operate an advisory group comprised of civilian experts in such specialized fields, as type approval and examination under Article 17, quality control of type approval testing under Article 17-3, and approval of treatment substances under Article 20. |
| (2) | The composition and operation of advisory groups under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Dec. 31, 2018]
CHAPTER Ⅴ SHIPS' BALLAST WATER DISPOSAL BUSINESS
| Article 21 (Ships' Ballast Water Disposal Business) |
| (1) | Any person who intends to engage in a business of cleaning ballast water tanks in each ship or a business of collecting and treating ballast water from ballast tanks of each ship or sediments therefrom (hereinafter referred to as "ballast water disposal business") with equipment and facilities necessary for the collection and disposal of ships' ballast water and sediments therefrom shall file for registration with the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2018> |
| (2) | The equipment and facilities with which any person who intends to register a ballast water disposal business shall provide itself shall be prescribed by Presidential Decree. |
| (3) | Where a person who has completed registration under paragraph (1) (hereinafter referred to as "ballast water disposal services provider") intends to change any important registered matter specified by Ordinance of the Ministry of Oceans and Fisheries, such as the equipment and facilities for storage and disposal of ships' ballast water, he/she shall register such changed matter, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 22 (Grounds for Disqualification) |
None of the following persons shall be registered as a ballast water disposal business: <Amended on Mar. 21, 2017; Dec. 31, 2018>
| 1. | A person who is under adult guardianship or limited guardianship; |
| 2. | A person in whose case one year has not passed since a sentence of imprisonment with labor or any heavier punishment declared by a court for violating this Act was completely executed (or is deemed completely executed) or discharged; |
| 3. | A person in whose case one year has not passed since the registration of a ballast water disposal business was cancelled under Article 26 (excluding where such registration was cancelled for falling under subparagraph 1 of this Article); |
| 4. | A legal entity, any executive officer of which falls under any provision of subparagraphs 1 through 3. |
| Article 23 (Duties of Business Operators of Ballast Water Disposal Service) |
| (1) | A ballast water disposal services provider shall dispose of ships' ballast water and sediments therefrom, prepare a report on the results of disposal of ships' ballast water, and submit the report to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall keep the record book of disposal at the relevant facilities. |
| (2) | Where a ballast water disposal services provider collects ballast water or sediments from a ship, he/she shall prepare a certificate for collected ballast water, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and issue the certificate to the person commissioned to collect ballast water or sediments from the ship. <Amended on Mar. 24, 2014> |
| (3) | Matters necessary for the preparation method and the preservation period of the reports on results of disposal, the record books of disposal, and the certificates of collection of ballast water under paragraphs (1) and (2) and other relevant matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (4) | A ballast water disposal services provider and any person in charge of affairs related to collecting or treating ships’ ballast water or sediments therefrom shall undergo education, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Newly Inserted on Mar. 24, 2014> |
| Article 24 (Order to Dispose of Ballast Water) |
Where a ballast water disposal services provider entrusted with the disposal of ballast water or sediments from a ship fails to dispose of them in compliance with this Act, the Minister of Oceans and Fisheries shall order such provider to dispose of them in an appropriate way. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020>
| Article 25 (Succession to Ships' Ballast Water Disposal Business) |
| (1) | Where any ballast water disposal services provider transfers his/her business to a third party or dies, or in cases where a corporation engaging in such business is merged with another corporation, the transferee of, or the heir to, the business or the corporation surviving after, or newly established upon, the merger shall succeed to rights and obligations of the business. |
| (3) | Any person who succeeds to rights and obligations of any ballast water disposal services provider in accordance with paragraphs (1) and (2) shall report thereon to the Minister of Oceans and Fisheries within one month, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Article 22 shall apply mutatis mutandis to the succession under paragraphs (1) and (2). |
| Article 26 (Cancellation, etc. of Registration) |
| (1) | If any ballast water disposal services provider falls under any of the following cases, the Minister of Oceans and Fisheries may cancel such registration or order such provider to suspend its business for a prescribed period not exceeding six months: Provided, That such registration must be cancelled in cases falling under any of subparagraphs 1 through 4: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Where the ballast water disposal services provider falls under any subparagraph of Article 22: Provided, That the same shall not apply if any executive officer of a corporation falls under any provision of subparagraphs 1 through 3 of the aforesaid Article but is replaced within six months; |
| 2. | Where the ballast water disposal services provider has filed for the registration or has registered changed matters by deceit or in any other fraudulent way; |
| 3. | Where the ballast water disposal services provider has been subject to dispositions of business suspension on at least two occasions for one year; |
| 4. | Where the ballast water disposal services provider continues business during a period of business suspension; |
| 5. | Where the ballast water disposal services provider fails to perform any registered matters without any justifiable grounds; |
| 6. | Where the ballast water disposal services provider breaches his/her duty under Article 23; |
| 7. | Where the ballast water disposal services provider fails to comply with, or rejects, an order issued pursuant to Article 24; |
| 8. | Where the ballast water disposal services provider fails to commence business within one year after the registration or has no business performance for at least one year. |
| (2) | Further detailed guidelines for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries, taking into account the types and degree of such offenses and other relevant factors. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER Ⅵ MEASURES AGAINST NON-CONFORMING SHIPS
| Article 27 (Measures against Non-Conforming Ships) |
| (1) | If he/she deems that the ballast water management system installed in a ship fails to conform to the technical standards under Article 8 (2), the Minister of Oceans and Fisheries may order the owner of the relevant ship to exchange, renovate, alter, or repair the ballast water management system or to take any other necessary measure. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | If he/she deems that harmful aquatic organisms are likely to be introduced into the Republic of Korea because the owner of a ship has failed to comply with an order issued pursuant to paragraph (1) without any justifiable grounds and is still using the ship in navigation, the Minister of Oceans and Fisheries may suspend navigation of the ship, until the likelihood of the infusion of harmful aquatic organisms into the Republic of Korea is eliminated. <Amended on Feb. 29, 2008; Mar. 23, 2013; Feb. 18, 2020> |
| Article 28 (Port State's Control over Ballast Water Management) |
| (1) | The Minister of Oceans and Fisheries may inspect and examine any foreign ship within the jurisdictional waters of the Republic of Korea to find whether the ballast water management system of the ship complies with the standards under the International Convention and may take necessary measures (hereinafter referred to as "port State's control"). <Amended on Dec. 31, 2018> |
| (2) | The proceedings for the inspection and checks for the port State's control shall be limited to those under the following subparagraphs: Provided, That the foregoing shall not apply where there is any obvious ground specified by Ordinance of the Ministry of Oceans and Fisheries to believe that a ship fails to comply with the standards prescribed in the International Convention, etc.: |
| 1. | Verification on the validity of the relevant survey certificate; |
| 2. | Inspection on the record book of the ship's ballast water management; |
| 3. | Necessary measures under paragraph (1), such as having ship survey officers under Article 34 collect samples of the ship's ballast water to determine whether the ship complies with the standards under the International Convention, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (3) | The Minister of Oceans and Fisheries may conduct a closer inspection on a ship, if any obvious ground exists under the proviso of paragraph (2) as a result of the inspection and examination under paragraph (1) or if it fails to present a valid survey certificate, etc., and may also bar the ship from discharging its ballast water until it becomes capable of discharging its ballast water in conformity with the standards of the International Convention. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | If he/she discovers that a ship has violated any provision of the International Convention, the Minister of Oceans and Fisheries may place an embargo thereon, place limitations on its movements, demand it to take corrective measures, deport it, or take any other similar measure. |
| (5) | When he/she discovers any violation of the International Convention as a result of the port State's control exercised pursuant to paragraphs (1) through (4), the Minister of Oceans and Fisheries shall notify the relevant ship of the fact; and when he/she bars a ship from discharging pursuant to paragraph (3) or takes any measure under paragraph (4), he/she shall notify the government of the country that issued a survey certificate to the relevant ship, of such fact. <Amended on Mar. 24, 2014> |
| (6) | Where the owner or master of a ship of a foreign nationality for international navigation considers that an order of prohibition against the discharge of the ship's ballast water, an embargo on the ship, limitations on the ship's movements, a demand for corrective measures, or deportation under paragraph (3) or (4) (hereinafter referred to as "order for rectification") is illegal or unfair, he/she may file an objection with the Minister of Oceans and Fisheries, stating the grounds for the objection therein, within 90 days from the date he/she received the order for rectification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
| (7) | Upon receiving an objection pursuant to paragraph (6), the Minister of Oceans and Fisheries shall have public officials under his/her control conduct an investigation into whether the order for rectification is illegal or unfair and shall notify the relevant petitioner of the results thereof within 60 days: Provided, That the deadline for notification may be extended by up to 30 days in extenuating circumstances. |
| (8) | No person who raises any objection against an order for rectification may file an administrative litigation without going through proceedings for the objection under paragraphs (6) and (7): Provided, That the foregoing shall not apply to cases falling under Article 18 (2) and (3) of the Administrative Litigation Act. |
| Article 29 (Port State's Control by Foreign Countries) |
| (1) | The owner of each ship shall comply with the provisions of the relevant international convention to avoid the detection of any defect in the ship by the port authorities of any foreign country exercising the port State's control. |
| (2) | The Minister of Oceans and Fisheries may announce the name and gross tonnage of ships of the Republic of Korea on which orders for embargo have been issued by the port authorities of foreign countries exercising the port State's control, the details of the embargo, and other relevant facts, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 30 (Vicarious Execution of Surveys) |
| (1) | The Minister of Oceans and Fisheries may authorize the Korea Maritime Transportation Safety Authority established under the Korea Maritime Transportation Safety Authority Act (hereinafter referred to as the “Authority”) or any classification society under Article 60 (2) of the Ship Safety Act to conduct the following affairs vicariously. In such case, the Minister of Oceans and Fisheries shall conclude an agreement, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014; Mar. 21, 2017; Dec. 31, 2018> |
| 1. | Confirmation inspection and examination under Article 8-2 (1) 2 and 3 and issuance under paragraph (2) of the same Article; |
| 1-2. | Examination and approval of ships’ ballast water management plans under Article 9 (1); |
| 1-3. | Approval of drawings under Article 11 (1) and the mark of approval under paragraph (2) of the same Article; |
| 2. | Surveys, the issuance of survey certificates, and the indication of the results of surveys under Articles 12 through 14; |
| 3. | Extension of the term of validity of survey certificates under Article 15 (2); |
| 4. | Examinations, the issuance of examination certificates, and the mark of pass for examinations under Article 17 (7) and (8). |
| (2) | The term of the agreement under paragraph (1) shall be not more than five years but may be extended, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | When the Minister of Oceans and Fisheries authorizes the Authority or a classification society under paragraph (1) (hereinafter referred to as "agency") to conduct his/her affairs vicariously, he/she shall publicly notify the details thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 31 (Recognition of Surveys Conducted by Foreign Governments) |
| (1) | Where the Minister of Oceans and Fisheries recognizes that the statutes in force governing ships' ballast water management in the country to which a foreign ship belongs is equivalent to, or more stringent than, the provisions of this Act, a survey of the foreign ship, or type approval or examination of the equipment of the foreign ship, conducted by the relevant foreign government or an agency designated by the foreign government (hereafter referred to as "foreign government, etc." in this Article) shall be deemed a survey, type approval, or examination under this Act. |
| (2) | A certificate issued, or a mark of pass affixed, by a foreign government after conducting a survey or any similar process in accordance with paragraph (1) shall be deemed to have an effect identical with the effect of one issued or affixed pursuant to this Act: Provided, That the foregoing shall not apply to any certificate issued, or a mark of pass affixed, by a foreign government that fails to recognize the effect of a certificate or a mark of pass under this Act. <Amended on Mar. 24, 2014> |
| (1) | Any person who has received a survey, type approval, approval for amendment, or examination under Articles 12 through 14 and Article 17 (1), (6) and (7) may, if he/she raises any objection against the results thereof, file an application for re-survey, type re-approval, re-approval for amendment, or re-examination (hereinafter referred to as "re-inspection, etc.") with the Minister of Oceans and Fisheries, stating the reasons therefor, within 90 days from the date on which he/she received the notice of the results. <Amended on Mar. 24, 2014; Mar. 21, 2017> |
| Article 33 (Order to Submit Reports and Data) |
| (1) | Where deemed necessary for preventing the infusion of harmful aquatic organisms by ships' ballast water or sediments therefrom, the Minister of Oceans and Fisheries may order the owner of any ship, any person who obtains type approval under Article 17 (1), any testing institution for type approval under Article 19 (1), any person who obtains approval for a treatment substance under Article 20 (1), any independent testing institution under Article 20-2 (1), any ballast water disposal services provider under Article 21 (3), any agency under Article 30 (3) or any designated educational institution under Article 36-2 (1) (hereafter in this Article referred to as "ship owner, etc.") to submit a report or data as necessary. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (2) | Where the ballast water management for any ship is found inappropriate as a result of reviewing the details of a report or data submitted in accordance with paragraph (1) or in any case specified by Ordinance of the Ministry of Oceans and Fisheries for any other reason, the Minister of Oceans and Fisheries may have public officials under his/her control enter the relevant ship or place of business and investigate relevant record books, documents, equipment, and facilities. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Where the Minister of Oceans and Fisheries intends to conduct an investigation under paragraph (2), he/she shall notify the relevant ship owner, etc. of the investigation plan, including the investigators and the date and time of, the grounds for, and the details of, the investigation at least seven days before the investigation: Provided, That the foregoing shall not apply where it is necessary to take actions urgently due to the sailing schedule of the ship or where evidence is likely to be destroyed if prior notice is given. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Any public official who conducts an investigation pursuant to paragraph (2) shall carry an identification card certifying his/her authority with him/her and present it to interested parties. |
| (5) | Where the Minister of Oceans and Fisheries finds a violation of this Act or an order issued pursuant to this Act as a result of an investigation into a ship or place of business pursuant to paragraph (2), he/she may issue an order to suspend navigation or make a disposition related to repairs or correction, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | An order issued or a disposition made pursuant to paragraph (5) shall be cancelled immediately when the ground therefor is eliminated. <Amended on Feb. 18, 2020> |
| Article 34 (Ship Survey Officers) |
The Minister of Oceans and Fisheries may have ship survey officers under Article 76 of the Ship Safety Act perform the following affairs: <Amended on Mar. 24, 2014; Mar. 21, 2017> | 1. | Affairs pertaining to approval of each ship's ballast water management plan under Article 9 (1); |
| 2. | Affairs pertaining to approval of drawings under Article 11 (1); |
| 3. | Affairs pertaining to periodic, interim, and temporary surveys under Articles 12 through 14; |
| 4. | Affairs pertaining to examination under Article 17 (7); |
| 5. | Affairs pertaining to port State's control under Article 28; |
| 6. | Affairs pertaining to re-surveys, etc. under Article 32; |
| 7. | Affairs pertaining to access to and investigation into a ship or place of business under Article 33 (2). |
| Article 35 (Ship Surveyors) |
| (1) | Any agency that conducts surveys, etc. vicariously pursuant to Article 30 (1) may employ ship surveyors to have them perform the agency's affairs. In such case, such ship surveyors shall satisfy the qualification requirements for ship surveyors under Article 77 of the Ship Safety Act. <Amended on Dec. 31, 2018> |
| (2) | Where any ship surveyor has violated this Act or an order issued pursuant to this Act in the course of his/her performance of duties, the Minister of Oceans and Fisheries may request the relevant agency to dismiss the ship surveyor from office or to suspend his/her performance of duties for a prescribed period not exceeding one year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| (3) | Upon receiving a request for dismissal or suspension of performance of duties pursuant to paragraph (2), any agency shall take measures accordingly against the relevant ship surveyor without delay and shall report the results thereof to the Minister of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014> |
| Article 36 (Surveys and Research) |
| (1) | The Minister of Oceans and Fisheries may conduct surveys and research on the following matters in order to control the infusion of harmful aquatic organisms by ships' ballast water or sediments therefrom: <Amended on Feb. 29, 2008; Mar. 23. 2013> |
| 1. | Matters concerning the current status of aquatic organisms in the ports, harbors, and neighboring waters of the Republic of Korea; |
| 2. | Matters concerning the designation of special zones for ships' ballast water; |
| 3. | Matters concerning the prevention of the infusion of harmful aquatic organisms by ships' ballast water; |
| 4. | Matters concerning the development of technology for the ballast water management; |
| 5. | Matters concerning the international convention relevant to the application of this Act. |
| (2) | The Minister of Oceans and Fisheries may authorize any specialized research institute specified by Presidential Decree to conduct surveys and research under paragraph (1). <Amended on Feb. 29, 2008; Mar. 23. 2013> |
| (3) | The head of any specialized research institute under paragraph (2) shall report the results of surveys and research to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries. <Amended on Feb. 29, 2008; Mar. 23. 2013> |
| (4) | The Minister of Oceans and Fisheries may provide the specialized research institute under paragraph (2) with the information specified by Ordinance of the Ministry of Oceans and Fisheries, such as the actual state of the ballast water management of ships entering, and departing from, each port or harbor. <Amended on Feb. 29, 2008; Mar. 23. 2013> |
| Article 36-2 (Designation, etc. of Educational Institutions) |
| (1) | The Minister of Oceans and Fisheries may designate professional educational institutions for education under Articles 9 (3) and 23 (4) (hereinafter referred to as “designated educational institution”). |
| (2) | If a designated educational institution falls under any of the following cases, the Minister of Oceans and Fisheries may cancel its designation or suspend its operation for a prescribed period not exceeding six months: Provided, That in cases falling under subparagraph 1, the designation shall be cancelled: |
| 1. | Where a designated educational institution has obtained designation by deceit or in any other fraudulent way; |
| 2. | Where a designated educational institution ceases to meet the designation standards under paragraph (3); |
| 3. | Where a designated educational institution refuses the submission of report or materials under Article 33 (1); |
| 4. | Where a designated educational institution refuses, interferes with, or evades the access or investigation under Article 33 (2); |
| 5. | Where a designated educational institution fails to comply with a disposition under Article 33 (5), such as correction. |
| (3) | Matters concerning designation requirements such as criteria of facilities and number of professors shall be prescribed by Presidential Decree, and procedures of designation under paragraph (1), the detailed standards of administrative disposition, guidance and supervision under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Oceans and Fisheries. |
[This Article Newly Inserted on Mar. 24, 2014]
| Article 36-3 (Prohibition of Disclosure of Confidential Information) |
A testing institution for type approval, an independent testing institution, a civilian expert who participates in an advisory group under Article 20-4, or an executive officer or employee of a classification society which conducts affairs vicariously under Article 30, or any person who has been in such position shall not disclose or steal confidential information which he/she becomes aware of while performing his/her duties. <Amended on Dec. 31, 2018> [This Article Newly Inserted on Mar. 24, 2014]
The Minister of Oceans and Fisheries shall hold a hearing in any of the following cases, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 24, 2014>
| 1. | Where he/she intends to make a disposition of cancellation of type approval under Article 18; |
| 2. | Where he/she intends to cancel the designation of a testing institution for type approval under Article 19 (3); |
| 2-2. | Where he/she intends to cancel the designation of an independent testing institution under Article 20-2 (2); |
| 3. | Where he/she intends to cancel the registration of a ballast water disposal business under Article 26; |
| 4. | Where he/she intends to cancel the designation of an agency under Article 30 (4); |
| 5. | Where he/she intends to request the dismissal of a ship surveyor under Article 35 (2). |
| 6. | Where he/she intends to cancel the designation of a designated educational institution under Article 36-2 (2). |
| (1) | Any of the following persons shall pay fees to the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Oceans and Fisheries: Provided, That if an agency carries out the affairs under this Act vicariously, such fees shall be paid to the relevant agency at the rate determined by the agency: <Amended on Mar. 24, 2014; Mar. 21, 2017> |
| 1. | A person who files an application for confirmation inspection and examination under Article 8-2 (1) 2 and 3 and issuance under paragraph (2) of the same Article; |
| 1-2. | A person who files an application for testing and approval for a ballast water management plan for a ship under Article 9 (1); |
| 2. | A person who files an application for approval for drawings under Article 11 (1); |
| 3. | A person who files an application for the issuance or re-issuance of a survey certificate under Article 12 (2); |
| 4. | A person who files an application for a survey under any provision of Articles 12 through 14; |
| 5. | A person who files an application for type approval or approval for amendment under Article 17 (1) and (6); |
| 6. | A person who files an application for examination under Article 17 (7); |
| 7. | A person who files an application for the issuance or re-issuance of a certificate of pass for examination under Article 17 (8). |
| (2) | Where an agency intends to collect fees pursuant to the proviso to paragraph (1), it shall determine the guidelines therefor and obtain approval of the Minister of Oceans and Fisheries. The foregoing shall also apply to any amendment to the matters so approved. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The fees that an agency collects pursuant to the proviso to paragraph (1) shall be the agency's revenue. |
| (4) | The Minister of Oceans and Fisheries may collect fees necessary for checking compliance with an order for rectification, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, from any ship in which a defect had been discovered as a result of exercising the port State's control under Article 28 and consequently to which the order for rectification was issued. |
| Article 39 (Cooperation in Surveys, etc. of Ships) |
| (1) | Any person who desires to receive a survey or an examination of a ship under this Act (hereafter in this Article referred to as "survey, etc.") or his/her agent shall attend at the scene of the survey, etc. and cooperate in the survey, etc. as necessary. <Amended on Mar. 24, 2014> |
| (2) | If any person who shall participate in survey, etc. under paragraph (1) fails to participate therein or render necessary cooperation, the Minister of Oceans and Fisheries may suspend the relevant survey, etc. <Newly Inserted on Mar. 24, 2014> |
| Article 39-2 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs on succession to status by a person who has obtained type approval prescribed in Article 17-4 (2); |
| 2. | Affairs on grounds for disqualification under any subparagraph of Article 22. |
| (2) | When the Minister of Oceans and Fisheries handles data including information under paragraph (1), the Minister shall protect the relevant data in compliance with the Personal Information Protection Act. |
[This Article Newly Inserted on Feb. 18, 2020]
| Article 40 (Delegation and Entrustment) |
| (1) | The Minister of Oceans and Fisheries may delegate part of his/her authority under this Act to the Administrator of each Regional Office of Oceans and Fisheries (including the head of each office of oceans and fisheries under the control of the Administrator of each Regional Office of Oceans and Fisheries), as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Apr. 1, 2009; Mar. 23, 2013; Mar. 24, 2014; Dec. 31, 2018> |
| (2) | The Minister of Oceans and Fisheries may entrust part of his/her duties under this Act to a professional institution or organization related to oceans, as prescribed by Presidential Decree. <Newly Inserted on Mar. 24, 2014> |
[Title Amended on Mar. 24, 2014]
| Article 41 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
CHAPTER VIII PENALTY PROVISIONS
| Article 42 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 24, 2014; Mar. 21, 2017>
| 1. | A person who discharges ballast water or sediments from a ship in violation of Article 6; |
| 2. | A person who fails to comply with an order issued pursuant to Article 7 (1); |
| 3. | A person who navigates a ship without any ballast water management system installed in accordance with Article 8 (1); |
| 4. | A person who fails to prepare a ballast water management plan for a ship, or who fails to obtain approval therefor, in violation of Article 9 (1); |
| 5. | A person who fails to receive a survey in violation of any provision of Articles 12 through 14; |
| 6. | A person who navigates a ship in violation of Article 16 (1) or (2); |
| 7. | A person who fails to receive type approval or examination in violation of Article 17 (1) or (7), who receives such type approval or examination by deceit or in any other fraudulent way, or who passes a test for type approval by deceit or in any other fraudulent way in violation of the former part of paragraph (2) of, or the latter part of paragraph (6), of the said Article; |
| 8. | A person who uses any treatment substance without approval of an international organization in violation of Article 20 (3) or who uses any treatment substance the approval for which is cancelled; |
| 9. | A person who engages in a ballast water disposal business without registration under Article 21 (1) or with such registration made by deceit or in any other fraudulent way; |
| 10. | A person whose registration is cancelled pursuant to Article 26 (1) continues business or who is ordered to suspend his/her business continues business during the period of business suspension; |
| 11. | A person who navigates a ship in violation of the disposition of suspension of navigation under Article 27 (2); |
| 12. | A person who fails to submit a report or data or who submits a false report or false data in violation of Article 33 (1); |
| 13. | A person who refuses, interferes with, or evades the access or investigation by a public official under Article 33 (2) without any justifiable grounds; |
| 14. | A person who fails to comply with an order or disposition under Article 33 (5); |
| 15. | A person who discloses or steals confidential information in violation of Article 36-3. |
| Article 43 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Mar. 24, 2014; Mar. 21, 2017>
| 1. | A person who exchanges, takes up, or discharges a ship's ballast water, or who removes or discharges sediments therefrom, in any manner inconsistent with the manner stated in the ballast water management plan for the ship in violation of Article 9 (2); |
| 2. | A person who fails to obtain approval for an amendment in violation of the former part of Article 17 (6) or who receives such approval for an amendment by deceit or in any other fraudulent way; |
| 3. | A person who fails to follow the method prescribed for the disposal of ballast water or sediments from a ship under Article 23 (1); |
| 4. | A person who fails to comply with an order of disposal under Article 24; |
| 5. | A person who fails to comply with an order to exchange or otherwise treat the ballast water management system of a ship under Article 27 (1). |
| Article 44 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, an employee, or a servant of a corporation or an individual commits an offense under Article 42 or 43 in connection with the business affairs of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual shall also be punishable by the fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where a corporation or an individual has not neglected reasonable care and supervision in connection with the relevant affairs in order to prevent such offense. [This Article Wholly Amended on Apr. 1, 2009]
| Article 45 (Special Cases in Application of Penalty Provisions to Foreigners) |
| (1) | Any foreigner to whom Article 42 is applicable shall be punished by the fine prescribed in the applicable provisions, except for a foreigner who intentionally commits an offense within jurisdictional waters. |
| (2) | Article 2 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the Exclusive Economic Zone shall apply to the scope of foreigners under paragraph (1), while Articles 23 through 25 of the aforesaid Act shall apply mutatis mutandis to the judicial procedures for foreigners. |
| Article 46 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Mar. 24, 2014; Dec. 31, 2018> |
| 1. | Deleted; <Dec. 31, 2018> |
| 2. | A person who breaches his/her duty to conduct educational programs under Article 9 (3); |
| 3. | A person who breaches his/her duty to keep or present the ship's ballast water management plan under Article 9 (4); |
| 4. | A person who breaches his/her duty to keep, record, retain, or present a record book of the ship's ballast water management under Article 10 (1) through (3); |
| 5. | A person who fails to keep approved drawings in a ship, in violation of Article 11 (4); |
| 6. | A person who fails to keep a survey certificate in a ship, in violation of Article 12 (3); |
| 6-2. | A person who fails to report required under Article 17-4 (2); |
| 7. | A person who fails to file for the registration of any change under Article 21 (3); |
| 8. | A person who fails to prepare and submit a report on results of disposal, or who fails to keep a record book of disposal, in violation of Article 23 (1); |
| 9. | A person who fails to issue a certificate of collection of ballast water, or who prepares a false certificate, in violation of Article 23 (2); |
| 9-2. | A person who breaches his/her duty for education under Article 23 (4); |
| 10. | A person who fails to file a report, or who files a false report, on succession to rights and obligations of any ballast water disposal services provider, in violation of Article 25 (3); |
| 11. | A person on whom an embargo is placed in a foreign port due to his/her noncompliance with the International Convention under Article 29 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Oceans and Fisheries, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Deleted. <Apr. 1, 2009> |
| (4) | Deleted. <Apr. 1, 2009> |
| (5) | Deleted. <Apr. 1, 2009> |
ADDENDA <Act No. 8788, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date on which the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect for the Republic of Korea. <Amended by Act No. 12540, Mar. 24, 2014>
Article 2 (Applicability of Duty to Install Systems and Periodic Surveys)
The duty to install a system under Article 8 and periodic surveys under Article 12 shall be applicable to the first ship constructed after this Act enters into force: Provided, That as to the ships constructed before this Act enters into force, such duty and periodic surveys shall be applicable to the ships placed in dock for a survey in accordance with the Ship Safety Act after this Act enters into force. Article 3 (Transitional Measure concerning Approval for Drawings)
The ships constructed before this Act enters into force shall be deemed to have obtained approval for drawings in accordance with Article 11 (1). Article 4 (Transitional Measure concerning Tests for Type Approval)
The systems that received type approval, a test for type approval, or an examination from the Minister of Land, Transport and Maritime Affairs in accordance with the International Convention for the Control and Management of Ships' Ballast Water and Sediments or any provisions equivalent thereto shall be deemed to have received type approval, a test for type approval, or an examination under Article 17. Article 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9613, Apr. 1, 2009>
This Act shall enter into force on the date on which the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect for the Republic of Korea.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | Among the Acts amended under Article 6 of the Addenda, amendments to an Act, which was promulgated before this Act enters into force but date on which it enters into force date has yet to arrive, shall enter into force on the enforcement date of the relevant Act, and the amended provisions of Article 47 (1) of the Pharmaceutical Affairs Act under paragraph 477 of the same Article and Article 18 (1) of the Medical Devices Act under paragraph 481 shall enter into force from the date prescribed by Presidential Decree concerning the relevant Act in the range of one year after this Act enters into force. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12540, Mar. 24, 2014>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 6, 8 (1), 11 (1), 14 (1), and 39 (2) shall enter into force on the date the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect for the Republic of Korea. |
Article 2 (General Transitional Measures)
Any disposition issued, and other acts performed under the International Convention for the Control and Management of Ships’ Ballast Water and Sediments by an administrative agency, or various applications, and other acts against an administrative agency as at the time this Act enters into force shall be deemed performed by or against an administrative agency, which is applicable under this Act.
Article 3 (Transitional Measures concerning Education)
Any person who is in charge of ships’ ballast water management and any person who is in charge of duties related to collection and treatment of a ship’s ballast water and sediments shall undergo education under Article 23 (4) within three years after this Act enters into force.
ADDENDA <Act No. 14605, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 14733, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on six months after the date of its promulgation: Provided, That the amendments to Article 32 (1), subparagraph 4 of Article 34, and subparagraphs 5 through 7 of Article 1 shall enter into force on the date the International Convention for the Control and Management of Ships' Ballast Water and Sediments takes effect for the Republic of Korea. Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Person, etc.)
A person for whom incompetency or quasi-incompetency has been declared as at the time this Act enters into force and for whom the declaration of incompetency or quasi-incompetency remains effective shall be governed by the previous provisions notwithstanding the amended provisions of Article 22 (1).
ADDENDA <Act No. 16152, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That subparagraph 12 of Article 2, Article 3 (3), subparagraphs 1 and 5 of Article 6, Article 17 (4), the main sentence of Article 17 (5), Articles 17-4, 20-4, 21 (1), 36-3, and 46 (1) 6-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Type Approval Testing)
Notwithstanding the amended provisions of Article 17 (5) and subparagraph 5 of Article 18, the former provisions shall apply where some of the type approval tests are deferred for the same type treatment system as at the time this Act enters into force.
ADDENDA <Act No. 16160, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 17031, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Interim Inspection)
The amended provisions of Article 13 (4) shall apply from the first application for postponement of the interim inspection period after this Act enters into force.