Open consultation

Consultation document - The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) (Amendment) Regulations 2026 and associated guidance

Published 22 October 2025

Section 1: Overview of this consultation

Aim

1.1 This consultation seeks your views on the draft of The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) (Amendment) Regulations 2026^{[footnote 1]} (“the amending Regulations”). This instrument amends The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 (“the 2022 Regulations”) and introduces the need to revise associated guidance. The amending Regulations will bring UK legislation up to date by implementing the amendments to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (“the BWM Convention”) made by International Maritime Organization Resolution MEPC.383(81)^{[footnote 2]} which was adopted on 22 March 2024 and came into force on 1 October 2025.

1.2 The amending Regulations are designed to keep United Kingdom domestic law fully up to date with the United Kingdom’s international maritime obligations. The main objectives of the amending Regulations are to implement an amendment to the Convention relating to the use of electronic record books and to clarify the application provision of the 2022 Regulations.

1.3 The amending Regulations amend the 2022 Regulations by formalising the use of electronic record books for ballast water management operations. The amending Regulations insert a new definition of a ballast water electronic record book and introduce a process for the approval of this type of record book by the administration before its use on ships. The amending Regulations also enable an electronic record book to be a standalone document^{[footnote 3]}. While the 2022 Regulations allowed for a ballast water record book to be in ‘electronic form’ as part of another document or system, the amending Regulations specify that an Electronic Record Book may also be a standalone system. This will align the ballast water regime with other maritime regimes, such as those governing the prevention of pollution by oil under the International Convention for the Prevention of Pollution from Ships (MARPOL).

1.4 The amending Regulations will also amend the application of the 2022 Regulations to provide clarity regarding exceptions from the BWM Convention for ships operating not only in United Kingdom territorial or controlled waters but also ships operating in the territorial or controlled waters of the Crown Dependencies (e.g. the Isle of Man) and British Overseas Territories.

1.5 Further details can be found in Section 2.

Views sought

1.6 Consultees are invited to comment on any aspect of this consultation; however, your views are specifically sought in the following areas:

• Whether the amending Regulations would transpose the requirements of the International Maritime Organization amendments to the BWM Convention accurately and appropriately.

• Whether the proposed guidance to accompany the changes made by the amending Regulations is adequate and in the right format.

• Whether the assumptions and estimates of the costs and benefits in the DMOA represent a fair reflection of potential impact on business due to the changes made by the amending Regulations.

1.7 A full list of consultation questions is contained in Section 5 of this consultation.

Deadline for responses

1.8 Responses are welcomed from 22 October 2025 (0900) until 19 November 2025 (2359). For an overview of the timetable, please refer to Section 4 of this document.

Section 2:  Areas for consideration

Background

2.1 The International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (“the BWM Convention”) was adopted by the International Maritime Organization (“the IMO”) in 2004 and entered into force on 8 September 2017. The BWM Convention aims to control and monitor the discharge of ballast water and sediments from ships in such a way as to prevent the spread of harmful aquatic organisms and pathogens. Ballast water is a known vector for the transfer of invasive species; the BWM Convention therefore requires ships to treat their ballast water to prevent introducing harmful species into new marine environments. Ships must install approved management systems, meet strict ballast water performance standards and maintain a ballast water record book to ensure compliance.

2.2  The United Kingdom acceded to the BWM Convention on 26 May 2022. The BWM Convention was implemented by the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 (“the 2022 Regulations”), which entered into force on 29 July 2022. The 2022 Regulations established standards and procedures for the management and control of ships’ ballast water and sediments, established a survey and certification regime for ships and prescribed technical requirements relating to ballast water management systems installed on ships. The Maritime and Coastguard Agency (“the MCA”) also published Merchant Shipping Notice 1908(M+F) and Marine Guidance Note 675(M+F). The 2022 Regulations gave legal effect to MSN 1908(M+F) which sets out the detailed technical requirements arising from certain obligations in the 2022 Regulations. MGN 675(M+F) provides guidance on certain aspects of the application and effect of the 2022 Regulations.

2.3 The IMO subsequently adopted changes to the BWM Convention, the most recent being contained in Resolution MEPC.383(81). This therefore makes it necessary to amend the 2022 Regulations, as well as the accompanying MSN and MGN, to reflect these changes which are described in more detail below.

Proposed Changes

2.4 The amending Regulations broadly make two proposed changes:

• Amendments regarding the use of electronic record books;
• Clarification of the application of the 2022 Regulations.

2.5  The international amendments contained in IMO Resolution MEPC.383(81) regarding the use of electronic record books make it necessary to revise the 2022 Regulations as follows:

(a) amend regulation 2 (interpretation) to insert a new definition of electronic record book;

(b) amend regulation 10 (ballast water record book) to enable the ballast water record book to be held in electronic form and be subject to verification by the master;

(c) insert new regulation 10A (approval of electronic record book) to set out the process for approval of the electronic record book, and to clarify that the electronic record book may be a standalone system.

The amendments to regulation 10 also give effect to MSN 1908 (M+F) Amendment 2 which, amongst other things, list the operations which must be recorded in the ballast water record book and requires operators to use electronic record books on the basis of the guidelines contained in IMO Resolution MEPC.372(80)^{[footnote 4]} (Guidelines for the use of electronic record books under the BWM Convention). These guidelines align the use of electronic record books under the BWM Convention with the use of electronic record books under other maritime regimes such as those governing the prevention of pollution by oil under the International Convention for the Prevention of Pollution from Ships (MARPOL). New regulation 10A requires operators to ensure that ships are using an approved system and manufacturers will need to apply for approval in the same way as they currently do for electronic record books under MARPOL^{[footnote 5]}. The process for approval must take into account the IMO Guidelines described above. Information about approval can be found in MIN 644 (M+F) (Approval and acceptance of electronic record books and recording requirements under MARPOL) and MGN 632 (M+F) Amendment 2 (The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020).

2.7 The amending Regulations also amend regulation 4 (application) of the 2022 Regulations to clarify the scope of the exceptions from the BWM Convention for ships operating not only in United Kingdom territorial or controlled waters but also ships operating in the territorial or controlled waters of the Crown Dependencies and British Overseas Territories.  This provision relates specifically to articles 3(2)(b) and 3(2)(d) of the BWM Convention and will clarify the application of those provisions to, for example, the Isle of Man and to ships that operate solely between the United Kingdom and the Isle of Man. This amendment confirms the existing interpretation of the BWM Convention and will not alter the current practical arrangements.

2.8  The amending Regulations also make a number of consequential changes to the 2022 Regulation to ensure, for example, that the provision for offences reflects the introduction of the new requirements.

Summary of Options and Recommendations

2.9 Options considered to amend regulation 2 and 10 of the 2022 Regulations regarding electronic record books are outlined below.

2.10 Option 0 - “Do nothing”

Whilst these are minor amendments, failing to implement them in the United Kingdom will mean the United Kingdom’s legislation is out of date and out of sync with the United Kingdom’s international obligations, and will not fulfil our obligations as a Party to the BWM Convention. This may also cause confusion and double standards within the industry where some ships might choose to adopt an electronic record book without the requirement for it to be approved by the maritime administration. This may then lead to difficulties for United Kingdom ships in foreign ports during Port State Control inspections and could lead to delays or detentions.

2.11 Option 1 – Publish MIN/advice to industry (Non-regulatory)

The amendments to A-1 and B-2 of the BWM Convention cannot be achieved via advice to industry and therefore the impact is much the same as “do nothing” above. A non-regulatory option entailing the publication of advice to industry was also considered. However, the required amendments to the form of the record book imposed by the international regulations cannot be achieved via advice to industry and will fail to meet the objectives for intervention. Hence both the do-nothing and non-regulatory options are considered inappropriate. 

2.12 Option 2 – Publish/amend SI (Regulatory)

A regulatory approach, entailing amendments to the 2022 Regulations and MSN 1908 (M+F) is preferred. This option will ensure the United Kingdom fulfils its obligations and will ensure industry are able to access the correct information. It will create a level playing field and avoid detention and delays for United Kingdom ships abroad. To effect the changes made to the BWM Convention regarding the use of electronic record books, amendments will be made to the relevant statutory instrument (the 2022 Regulations) in United Kingdom law. The amendments to the BWM Convention change the legal text of the convention and therefore will require amendments described above to the 2022 Regulations. The regulatory option is also preferred because only regulation will ensure that the UK is compliant with its international obligations under the BWM Convention. 

2.13 Option 2 is the preferred option for the reasons listed. Option 2 will require policy lead, economic and legal resource and parliamentary time to achieve implementation. However, regulatory intervention (Option 2) is the only way that this amendment to the BWM Convention can be fully implemented into United Kingdom law and ensure that all the intended outcomes can be achieved. The ramifications of inaction are summarised above in Option 0; Option 2 would address these.

Supporting Information

2.14 Marine Notices

MGN 675 (M+F) Amendment 2 and MSN 1908 (M+F) Amendment 2 will be published at the same time as the amending Regulations to provide further information and guidance where appropriate. These documents have been updated in line with the amendments outlined above.

2.15.1 MGN 675 (M+F) Amendment 2

The draft amendment to this Marine Guidance Note (MGN) prepared to supplement the draft amending Regulations is included in this consultation package. The purpose of the MGN is to provide official guidance from the United Kingdom administration on how to meet the legal requirements of the 2022 Regulations, which are mandatory. Comments on the latest draft attached to this package are requested through the consultation feedback form.

2.15.2  MSN 1908 (M+F) Amendment 2

The draft amendment to this Merchant Shipping Notice (MSN) is, alongside the draft amending Regulations, part of the legislative framework and is therefore included in this consultation package. The purpose of the MSN is to set out details of the technical requirements arising from certain obligations in the 2022 Regulations. It contains legally enforceable requirements on what ships must do to manage ballast water and sediments, helping prevent the spread of invasive species. Comments on the latest draft attached to this package are requested through the consultation feedback form.

2.16 Penalties and offences

The MCA, as the United Kingdom’s maritime regulatory and enforcement authority, has responsibility for both delivering and enforcing the Government’s maritime policy relating to ships, seafarers and the seas around the United Kingdom. The MCA’s approach to breaches of maritime legislation relies on a range of civil and criminal remedies in which, like many other regulatory regimes in the United Kingdom, civil and criminal sanctions sit alongside each other to enable the MCA to take the most proportionate action in relation to a particular breach. The decision on what is the most proportionate approach is determined by matters such as the importance of the requirement being breached, the gravity of the contravention and the effect of the contravention on third parties.

MCA surveyors have enforcement and sanction powers which can be applied locally to ships calling at United Kingdom ports. The MCA’s powers to use civil sanctions are primarily contained in the Merchant Shipping Act 1995 (“MSA”). These powers, including improvement and prohibition orders, are limited in scope and available only for specific purposes. Other than the power to detain a ship, it is not possible to replicate all the civil sanctions in the MSA in secondary legislation implementing international obligations or other policy objectives as there is no power to do so in the MSA. Because these civil sanctions are contained in primary legislation (the MSA), if they are needed, the sanctions will be enforced directly under the MSA. The general policy approach, in line with the MCA’s published enforcement policy, is to use these civil sanctions whenever possible before using criminal offences.

The requirements introduced by the draft amending Regulations would be subject to enforcement by civil penalties where it is possible to do so, enabled by the current provision in the 2022 Regulations. This includes the ability to detain ships or issue improvement and prohibition notices if the prohibitions or requirements introduced by the draft amending Regulations are breached.

Maritime regulatory requirements govern both safety and pollution prevention. As such, their purpose includes the prevention of loss of life or injury to persons and the protection of the marine environment and adjoining coastlines. These very compelling objectives necessitate the availability of criminal sanctions in the more serious cases and provide a vital deterrent.

Article 8 of the Convention requires legal sanctions to be established to deal with any violation of its obligations. Regulation 2(6) of the draft amending regulations will extend existing relevant offences in regulation 44 of the 2022 Regulations.

Section 3: Responding to this consultation

3.1. There are specific questions highlighted in section 5 of this consultation and information on how to respond to this consultation document.

Consultees

3.2. Anyone may respond to this consultation and consideration will be given to all responses.  We will be particularly interested to hear from ship owners, shipping companies, trade unions, protection and indemnity clubs and other parties with an interest in shipping and the marine environment.

Duration

3.3. This consultation is open for 4 weeks from 22 October 2025. The deadline for responses is 19 November 2025.

Submitting your response

3.4. The preference is for consultation responses to be emailed to environment@mcga.gov.uk.  Any questions should also be sent to this email address. You can also send in your response by post to the address at the end of the consultation questions.

3.5. When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of Information

3.6. Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.7. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.8. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.9. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation. This consultation, and the processing of personal data that it entails, is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.11. The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.12. Details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager can be found on gov.uk at:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

3.13. Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept for [up to five years, until a post-implementation review has been completed – please complete].

3.14.  If you do not wish to remain on this list, please let us know at environment@mcga.gov.uk

Section 4: Outline of plans beyond this consultation

4.1.  Once this consultation closes, we will review all responses. In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.2. We will be analysing the responses in Winter 2025. Our aim is to publish an overview of the responses and the MCA’s comments by Spring 2026 which will be available on www.gov.uk along with the consultation.

4.3. To improve efficiency, responses may be analysed using AI. Analysis will be checked by a human.

4.4. Where appropriate the draft Regulations, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.5. Our aim is for The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) (Amendment) Regulations 2026 to come into force on 15 April 2026. The Regulations will be published on www.legislation.gov.uk.

4.6. Every effort will be made to publish the revised accompanying guidance on gov.uk in advance of the Regulations coming into force.

4.7.  An overview timetable is below for reference:

Overview timetable

1. See attached document to this consultation. ↩

2. See attached document to this consultation. ↩

3. See new regulation 10(1A)(a) of the draft amending Regulations that are attached to this consultation. ↩

4. https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MEPCDocuments/MEPC.372(80).pdf ↩

5. https://www.gov.uk/government/publications/min-644-mf-approval-and-acceptance-of-electronic-record-books-and-recording-requirements-under-marpol/min-644-mf-approval-and-acceptance-of-electronic-record-books-and-recording-requirements-under-marpol ↩