Introduction to the
Sensitive Sea Areas –
Legislative Framework
HELMEPA Training Seminar:
“Ships in Sensitive Sea Areas - 2010”
Legal Basis

Article 211(6) of the International United Nations
Convention on the Law of the Sea (UNCLOS), 1982:
Every coastal state has the right to apply to the IMO for
the designation of a particular marine area as a Special
Area, provided that:
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the area lies within the state’s exclusive economic zone,
it is clearly defined, and
its oceanographical and ecological conditions, as well as its
utilization or the protection of its resources and the particular
character of its traffic require the adoption of special mandatory
measures for the prevention of pollution from ships.
Legal Basis

ΙΜΟ
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International Convention for the Prevention of Pollution from
ships (MARPOL 73/78)
Resolution A.927(22) of the General ΙΜΟ Assembly (29
November 2001):
“Guidelines for the Designation of Special Areas under MARPOL
73/78 and Guidelines for the Identification and Designation of
Particularly Sensitive Sea Areas”

Resolution Α.982(24) (6 February 2006):
“Revised Guidelines for the Identification and Designation of
Particularly Sensitive Sea Areas”
-Special Areas-
Definition

Special Area:
“a sea area where for recognized
technical reasons in relation to its
oceanographical and ecological condition
and to the particular character of its traffic
the adoption of special mandatory
methods for the prevention of sea pollution
by oil, noxious liquid substances in bulk or
garbage is required.”
Approval procedure
MARPOL amendment plan
Coastal State’s
Proposal
Accompanying Document
Marine Environment
Protection Committee
- IMO
Area Designation
Type of proposed Special Area
Area Description
IMO General
Assembly
Adequacy of waste reception facilities
Analysis of criteria fulfillment
Approval/Rejection of
the proposal
Criteria

3 categories of criteria:
oceanographical conditions,
 ecological conditions, and
 characteristics of shipping
traffic

Oceanographical conditions

The area is characterized by such
oceanographical conditions that may
cause accumulation of harmful substances
in the waters or sediments of the area,
such as:
particular patterns of water or wind circulation,
 extreme ice conditions, etc.

Ecological conditions

Ecological features indicate that special
protection against pollution from harmful
substances is required, for the conservation of:
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endangered marine species,
highly productive habitats,
reproduction grounds of important marine species,
migratory routes of birds and marine mammals,
rare or sensitive ecosystems,
crucial habitats for sustaining particular marine
species or wider marine ecosystems.
Shipping traffic

Operational discharges under MARPOL 73/78 might
prove particularly harmful due to the heavy maritime
traffic in the area, combined with oceanographical
and ecological conditions.
Spatial coverage

A Special Area may
include jurisdictional
waters of many countries
or even a whole enclosed
or semi-enclosed sea
Types of Special Areas

Special Areas for protection against:
Oil (Annex I)
 Noxious Liquid Substances in Bulk (Annex ΙI)
 Garbage (Annex V)
 Air Pollution (Annex VI)

Protection against oil pollution - Annex Ι
1.
2.
3.
4.
5.
6.
7.
8.
9.
Mediterranean Sea
Baltic Sea
Black Sea
Red Sea
The Gulf’s Area
Antarctic Area
Northwestern European Waters
Oman Area and Arabic Sea
South African Sea
Protection against oil pollution - Annex Ι

Any discharge of oil from machinery spaces is
prohibited within special areas, unless:
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The ship is en route,
The oil content in the effluent without dilution does not
exceed 15 ppm,
The ship has in operation an oil filtering equipment fitted
with an alarm arrangement ensuring that any discharge of
oily mixtures is automatically stopped when the oil content
of the effluent exceeds 15 parts per million, and
In case of tankers, the oily mixture does not originate from
cargo pump room bilges and is not mixed with oil cargo
residues.
Protection against oil pollution - Annex Ι

In the Antarctic Area, any discharge into the sea of oil
or oily mixtures from any ship is prohibited.

Any discharge into the sea of oil or oily mixture from
the cargo area or pump room of an oil tanker is
prohibited while in a special area
Protection against oil pollution - Annex Ι
New MEPC Resolution (March 2010):

Addition of Chapter 9 in Annex I – “Special requirements for the
usage or transfer of oil in the area of Antarctic”
Within the Antarctic Area, it is prohibited to transfer as cargo or
fuel:
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Crude oil of density (at 15°C) higher than 900 kg/m3,
Oil of density (at 15°C) higher than 900 kg/m3 or kinematic viscosity
greater than 180 mm2/s, και
bitumens, tarry oils and their emulsions.
The Chapter entered into force in 1st August 2011.
Protection against Noxious Liquid Substances in Bulk Annex ΙΙ

Antarctic
Any discharge of noxious liquid
substances or their mixtures is
prohibited
Protection against pollution from Garbage - Annex V
1.
2.
3.
4.
5.
6.
7.
8.
Mediterranean Sea
Baltic Sea
Black Sea
Red Sea
The Gulf’s Area
North Sea
Antarctic Area(south in latitude 60° S)
Wider Caribbean area including Gulf of Mexico
and Caribbean Sea
Protection against pollution from Garbage - Annex V

It is prohibited to discharge:
 All plastics including synthetic ropes, fishing
nets, plastic garbage bags and ash from
materials that may include toxic substances
or heavy metals residues
 All other kinds of garbage, including papers,
glasses, bottles, rags and packaging
materials.
Protection against pollution from Garbage - Annex V

Food waste must be
discharged as far as
practicable from the nearest
land, in any caser at a
distance greater than 12 nm.

In the Wider Caribbean
Region the discharge of
comminuted or ground food
waste is prohibited at a
distance less than 4 nm from
the nearest land.
Protection against pollution from Garbage - Annex V

New MEPC Resolution (March 2010):
The Wider Caribbean Region is recognized as a
Special Area after May 2011
→ Total ban of garbage discharge except for food
wastes
Protection against pollution from Garbage - Annex V

Revised Annex V, in effect after 1 January 2013,
provides for the following:
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Only discharge of comminuted food waste capable of passing
through a screen with openings no greater than 25 mm is
allowed, when the ships is en route and at a distance greater
than 12nm from the nearest land.

Cleaning agents or additives contained in cargo hold, deck
and external surfaces wash water may be discharged into the
sea, but these substances must not be harmful to the marine
environment.
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Discharge of introduced avian products is not permitted in the
Antarctic Area unless they are sterilized.
Protection against pollution from Garbage - Annex V

Revised Annex V, in effect after 1 January 2013, provides
for the following:
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Discharge of cargo residues that cannot be recovered using
commonly available methods for unloading is allowed, where all
the following conditions are satisfied:
1. Cargo residues, cleaning agents or additives, contained in hold
washing water do not include any substances classified as
harmful to the marine environment.
2. Both the port of departure and the next port of destination are
within the special area and the ship will not transit outside the
special area between those ports.
3. No adequate reception facilities are available at those ports.
4. The ship is en route, and
5. The distance is greater than 12nm from the nearest land.
Protection against pollution from Garbage - Annex V
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Revised Annex V, in effect after 1 January 2013,
provides for the following:
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Exceptions:
1. Discharge necessary for the purpose of securing the safety of
a ship and those on board or saving life at sea.
2. Accidental loss of garbage due to damage to the ship or its
equipment, provided that all reasonable precautions have
been taken before and after the occurrence of the damage, to
prevent or minimize the accidental loss.
3. Accidental loss of fishing gear provided that all reasonable
precautions have been taken to prevent such loss.
4. The en route requirement shall not apply to the discharge of
food wastes where it is clear the retention on board of these
food wastes presents an imminent health risk to the people on
board.
Air emissions - Annex VΙ
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Emission Control Areas - ECAs:
1. Baltic Sea
2. North Sea
3. North America
Air Emissions - Annex VΙ

Within an ECA, at least one of the following conditions must be
satisfied in relation to sulphur:

Sulphur content of fuel oil does not exceed 1.0% after
01.07.2010 and 0.10 % after 01.01.2015

An exhaust gas cleaning system or other equivalent
technological method, approved by the Administration, is used
in order to reduce total sulphur oxide emissions down to 6
g/kW or less.
Air Emissions - Annex VΙ
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Resolution MEPC 60 (March 2010):
New Emissions Control Area (effective after 1 August 2012):
North American ECA
Canada
U.S.A
Hawaii (U.S.)
Air Emissions - Annex VΙ
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Resolution MEPC 62 (July 2011):
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New ECA in the Caribbean Sea (effective after 1 August 2014):
United States Caribbean Sea ECA
(coasts of Puerto Rico και U.S. Virgin Islands)
Particularly Sensitive Sea Areas
(PSSAs)
Definition

Particularly Sensitive Sea Area (PSSA):
“an area that needs special protection through action by
IMO because of its significance for recognized ecological or
socio-economic or scientific reasons and which may be
vulnerable to damage by international maritime activities.”
PSSAs
1.
2.
3.
4.
5.
6.
7.
8.
Great Barrier Reef, Australia (1990)
The Sabana-Camagüey Archipelago, Cuba (1997)
Malpelo Island, Colombia (2002)
The sea around the Florida Keys, United States (2002)
The Wadden Sea, Denmark, Germany and Netherlands (2002)
Paracas National Reserve, Peru (2003)
Western European Waters (2004)
Extension of the existing Great Barrier Reef PSSA to include the Torres
Strait (proposed by Australia and Papuα and New Guinea) (2005)
9. Canary Islands, Spain (2005)
10. The Galapagos Archipelago, Ecuador (2005)
11. The Baltic Sea Area, Denmark, Estonia, Finland, Germany, Latvia,
Lithuania, Poland and Sweden (2005)
12. The Papahānaumokuākea Marine National Monument, ΗΠΑ (2007)
Criteria
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Classes of criteria:
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Ecological
Social, cultural & economic
Scientific & educational
Application for designation of a PSSA
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The application is submitted to the MEPC by the interested state or
states and must contain an analytical description of the geography,
importance and sensitivity of the proposed area and associated
protection measures, according to the guidelines provided in
Resolution A.927(22)

Associated protective measures for PSSAs are limited to actions
that are to be, or have been, approved and adopted by IMO, for
example, a routing system such as an area to be avoided.
Evaluation of the application

During the evaluation of the application for the designation of a
PSSA, ΙΜΟ considers whether:
 the proposed or already applied measures are appropriate for
the protection of the area from the impacts of shipping,
 the implementation of such measures in the proposed area may
have a negative effect, and
 the size of the proposed area and the associated measures are
appropriate, in relation to the recognized particular features and
the sensitivity of the area.
Possible measures associated with a PSSA
 Parallel designation of the PSSA as a Special Area under Annexes I, II
or V MARPOL or as SECA under Annex VI, or implementation of even
stricter, special requirements in terms of discharges.
 Adoption according to SOLAS of mandatory routing systems and ship
reporting systems within the PSSA.
 Other measures aiming to the protection of the PSSA, under the
condition that there is a recognized legal basis.

All measures must be specially designed according to the needs of that
specific area, for protection against threats associated with international
shipping activities.
Thank you for your attention!
Any Questions?