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Introduction to Introduction to the Sensitive Sea the Sensitive Sea Areas – Areas – Legislative Legislative Framework Framework HELMEPA Training Seminar: HELMEPA Training Seminar: Ships in Sensitive Sea Ships in Sensitive Sea Areas - 2010” Areas - 2010”

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Introduction to the Introduction to the Sensitive Sea Areas – Sensitive Sea Areas – Legislative FrameworkLegislative Framework

HELMEPA Training Seminar: HELMEPA Training Seminar: ““Ships in Sensitive Sea Areas - 2010” Ships in Sensitive Sea Areas - 2010”

Legal BasisLegal Basis ArticleArticle 211(6) 211(6) of the International United Nations of the International United Nations

Convention on the Law of the Sea (UNCLOS)Convention on the Law of the Sea (UNCLOS), 1982, 1982: :

Every coastal state has the right to apply to the IMO for Every coastal state has the right to apply to the IMO for the designation of a particular marine area as a Special the designation of a particular marine area as a Special Area, provided thatArea, provided that::

the area lies within the state’s exclusive economic zonethe area lies within the state’s exclusive economic zone,, it is clearly defined,it is clearly defined, andand its oceanographical and ecological conditions,its oceanographical and ecological conditions, as well as as well as

its utilization or the protection of its resources and the its utilization or the protection of its resources and the particular character of its traffic require the adoption of particular character of its traffic require the adoption of special mandatory measures for the prevention of special mandatory measures for the prevention of pollution from ships.pollution from ships.

Legal BasisLegal Basis

ΙΜΟΙΜΟ International Convention for the Prevention of Pollution from International Convention for the Prevention of Pollution from

shipsships ( (MARPOL 73/78)MARPOL 73/78) ResolutionResolution A.927(22) of the General A.927(22) of the General ΙΜΟ ΙΜΟ Assembly (Assembly (29 29

NovemberNovember 2001)2001):: “ “Guidelines for the Designation of Special Areas underGuidelines for the Designation of Special Areas under

MARPOL 73/78 and Guidelines for the Identification and MARPOL 73/78 and Guidelines for the Identification and Designation of Particularly Sensitive Sea AreasDesignation of Particularly Sensitive Sea Areas””

ResolutionResolution Α.982(24) Α.982(24) ((66 February February 20020066)):: ““Revised Guidelines for the Identification and Revised Guidelines for the Identification and

Designation of Particularly Sensitive Sea Areas”Designation of Particularly Sensitive Sea Areas”

-Special Areas--Special Areas-

DefinitionDefinition Special AreaSpecial Area:: ““a sea area where for recognized a sea area where for recognized

technical reasons in relation to its technical reasons in relation to its oceanographical and ecological oceanographical and ecological condition and to the particular condition and to the particular character of its traffic the adoption of character of its traffic the adoption of special mandatory methods for the special mandatory methods for the prevention of sea pollution by oil, prevention of sea pollution by oil, noxious liquid substances in bulknoxious liquid substances in bulk or or garbage is required.garbage is required.””

Approval procedureApproval procedure

Coastal State’s Proposal

Marine Environment Protection Committee

- IMO

IMO General Assembly

MARPOL amendment plan

Accompanying Document

Area Designation

Type of proposed Special Area

Area Description

Adequacy of waste reception facilities

Analysis of criteria fulfillment

Approval/Rejection of the proposal

CriteriaCriteria

3 categories of criteria3 categories of criteria:: oceanographical oceanographical

conditionsconditions,, ecological conditionsecological conditions, , andand characteristics of shipping characteristics of shipping

traffictraffic

Oceanographical conditionsOceanographical conditions The area is characterized by such The area is characterized by such

oceanographical conditions that may oceanographical conditions that may cause accumulation of harmful substances cause accumulation of harmful substances in the waters or sediments of the area, in the waters or sediments of the area, such assuch as:: particular patterns of water or wind circulationparticular patterns of water or wind circulation,, extreme ice conditions, etc.

Ecological conditionsEcological conditions Ecological features indicate that special

protection against pollution from harmful substances is required, for the conservation of:

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 trafficShipping 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 coverageSpatial coverage

A Special Area may A Special Area may include jurisdictional include jurisdictional waters of many countries waters of many countries or even a whole enclosed or even a whole enclosed or semi-enclosed seaor semi-enclosed sea

Types of Special AreasTypes of Special Areas

Special Areas for protection against:Special Areas for protection against:

OilOil (Annex I) (Annex I) Noxious Liquid Substances in Bulk (AnnexNoxious Liquid Substances in Bulk (Annex Ι ΙI)I) GarbageGarbage (Annex(Annex V) V) Air PollutionAir Pollution (Annex(Annex VI) VI)

Protection against oil pollutionProtection against oil pollution - - AnnexAnnex Ι Ι 1.1. Mediterranean SeaMediterranean Sea 2.2. Baltic SeaBaltic Sea 3.3. Black SeaBlack Sea 4.4. Red SeaRed Sea 5.5. The Gulf’s AreaThe Gulf’s Area 6.6. AntarcticAntarctic AreaArea7.7. Northwestern European WatersNorthwestern European Waters 8.8. Oman Area and Arabic SeaOman Area and Arabic Sea 9.9. South African SeaSouth African Sea

Protection against oilProtection against oil pollution pollution - - AnnexAnnex Ι Ι Any discharge of oil from machinery spaces is Any discharge of oil from machinery spaces is

prohibited within special areas, unless:prohibited within special areas, unless:

The ship is en routeThe ship is en route, , The oil content in the effluent without dilution does not The oil content in the effluent without dilution does not

exceed 15 ppm,exceed 15 ppm, The ship has in operation an oil filtering equipment fitted The ship has in operation an oil filtering equipment fitted

with an alarm arrangement ensuring that any discharge of with an alarm arrangement ensuring that any discharge of oily mixtures is automatically stopped when the oil content oily mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million, andof the effluent exceeds 15 parts per million, and

In case of tankers, the oily mixture does not originate from In case of tankers, the oily mixture does not originate from cargo pump room bilges and is not mixed with oil cargo cargo pump room bilges and is not mixed with oil cargo residues.residues.

In the Antarctic Area, any discharge into the sea of oil In the Antarctic Area, any discharge into the sea of oil or oily mixtures from any ship is prohibited.or oily mixtures from any ship is prohibited.

Any discharge into the sea of oil or oily mixture from Any discharge into the sea of oil or oily mixture from the cargo area or pump room of an oil tanker is the cargo area or pump room of an oil tanker is prohibited while in a special areaprohibited while in a special area

Protection against oilProtection against oil pollution pollution - - AnnexAnnex Ι Ι

New MEPC Resolution New MEPC Resolution ((MarchMarch 2010) 2010):: Addition of Chapter 9 in Annex I – “Special requirements for the Addition of Chapter 9 in Annex I – “Special requirements for the

usage or transfer of oil in the area of Antarctic”usage or transfer of oil in the area of Antarctic”

Within the Antarctic Area, it is prohibited to transfer as cargo or Within the Antarctic Area, it is prohibited to transfer as cargo or fuelfuel::

Crude oil of density (atCrude oil of density (at 15°C 15°C)) higher than higher than 900 900 kgkg//mm33,, Oil of density (atOil of density (at 15°C 15°C)) higher thanhigher than 900 900 kgkg//mm33 oror kinematic viscositykinematic viscosity

greater thangreater than 180 180 mmmm22//ss, και, και bitumensbitumens, , tarry oils and their emulsionstarry oils and their emulsions..

The Chapter entered into force in The Chapter entered into force in 11stst August 2011 August 2011. .

Protection against oilProtection against oil pollution pollution - - AnnexAnnex Ι Ι

Protection against Noxious Liquid Substances in Bulk Protection against Noxious Liquid Substances in Bulk - - AnnexAnnex ΙΙ ΙΙ

AntarcticAntarctic Any discharge of noxious liquid Any discharge of noxious liquid

substances or their mixtures is substances or their mixtures is prohibitedprohibited

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV 1.1. Mediterranean SeaMediterranean Sea 2.2. Baltic SeaBaltic Sea 3.3. Black SeaBlack Sea 4.4. Red SeaRed Sea 5.5. The Gulf’s AreaThe Gulf’s Area6.6. North SeaNorth Sea 7.7. AntarcticAntarctic AreaArea((south in latitudesouth in latitude 60 60°° SS))8.8. Wider Caribbean area including Gulf of Mexico Wider Caribbean area including Gulf of Mexico

and Caribbean Seaand Caribbean Sea

It is prohibited to discharge:It is prohibited to discharge:

All plastics including synthetic ropes, fishing All plastics including synthetic ropes, fishing nets, plastic garbage bags and ash from nets, plastic garbage bags and ash from materials that may include toxic substances materials that may include toxic substances or heavy metals residuesor heavy metals residues

All other kinds of garbage, including papers, All other kinds of garbage, including papers, glasses, bottles, rags and packaging glasses, bottles, rags and packaging materialsmaterials..

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

Food waste must be Food waste must be discharged as far as discharged as far as practicable from the nearest practicable from the nearest land, in any caser at a land, in any caser at a distance greater than 12 nm.distance greater than 12 nm.

In the Wider Caribbean In the Wider Caribbean Region the discharge of Region the discharge of comminuted or ground food comminuted or ground food waste is prohibited at a waste is prohibited at a distance less than 4 nm from distance less than 4 nm from the nearest land.the nearest land.

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

New MEPC Resolution New MEPC Resolution ((MarchMarch 2010) 2010)::

The Wider Caribbean Region is recognized as a The Wider Caribbean Region is recognized as a Special Area afterSpecial Area after May 2011May 2011

→ → Total ban of garbage discharge except for food Total ban of garbage discharge except for food wasteswastes

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

Revised Annex V, in effect after 1 January 2013, Revised Annex V, in effect after 1 January 2013, provides for the following:provides for the following:

Only discharge of comminuted food waste capable of passing Only discharge of comminuted food waste capable of passing through a screen with openings no greater than 25 mm is through a screen with openings no greater than 25 mm is allowed, when the ships is en route and at a distance greater allowed, when the ships is en route and at a distance greater than 12nm from the nearest land. than 12nm from the nearest land.

Cleaning agents or additives contained in cargo hold, deck Cleaning agents or additives contained in cargo hold, deck and external surfaces wash water may be discharged into the and external surfaces wash water may be discharged into the sea, but these substances must not be harmful to the marine sea, but these substances must not be harmful to the marine environment.environment.

Discharge ofDischarge of introduced avian products is not permitted in the introduced avian products is not permitted in the Antarctic Area unless they are sterilizedAntarctic Area unless they are sterilized..

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

Revised Annex V, in effect after 1 January 2013, provides Revised Annex V, in effect after 1 January 2013, provides for the following:for the following:

Discharge of cargo residues that cannot be recovered using Discharge of cargo residues that cannot be recovered using commonly available methods for unloading is allowed, where all commonly available methods for unloading is allowed, where all the following conditions are satisfied:the following conditions are satisfied:

1.1. Cargo residues, cleaning agents or additives, contained in hold Cargo residues, cleaning agents or additives, contained in hold washing water do not include any substances classified as washing water do not include any substances classified as harmful to the marine environment.harmful to the marine environment.

2.2. Both the port of departure and the next port of destination are Both the port of departure and the next port of destination are within the special area and the ship will not transit outside the within the special area and the ship will not transit outside the special area between those ports.special area between those ports.

3.3. No adequate reception facilities are available at those ports.No adequate reception facilities are available at those ports.4.4. The ship is en routeThe ship is en route, , andand5.5. The distance is greater than 12nm from the nearest landThe distance is greater than 12nm from the nearest land. .

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

Revised Annex V, in effect after 1 January 2013, Revised Annex V, in effect after 1 January 2013, provides for the following:provides for the following:

ExceptionsExceptions:: 1.1. Discharge necessary for the purpose of securing the safety of Discharge necessary for the purpose of securing the safety of

a ship and those on board or saving life at sea.a ship and those on board or saving life at sea.2.2. Accidental loss of garbage due to damage to the ship or its Accidental loss of garbage due to damage to the ship or its

equipment, provided that all reasonable precautions have equipment, provided that all reasonable precautions have been taken before and after the occurrence of the damage, to been taken before and after the occurrence of the damage, to prevent or minimize the accidental loss.prevent or minimize the accidental loss.

3.3. Accidental loss of fishing gear provided that all reasonable Accidental loss of fishing gear provided that all reasonable precautions have been taken to prevent such loss.precautions have been taken to prevent such loss.

4.4. The en route requirement shall not apply to the discharge of 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 where it is clear the retention on board of these food wastes presents an imminent health risk to the people on food wastes presents an imminent health risk to the people on board.board.

Protection against pollution from Garbage Protection against pollution from Garbage - - AnnexAnnex VV

Air emissions Air emissions - - AnnexAnnex VVΙΙ Emission Control Areas Emission Control Areas - - ECAs:ECAs:

1.1. Baltic SeaBaltic Sea 2.2. North SeaNorth Sea 3.3. North America North America

Air Emissions -Air Emissions - AnnexAnnex VVΙΙ Within an ECA, at least one of the following conditions must be Within an ECA, at least one of the following conditions must be

satisfied in relation to sulphur:satisfied in relation to sulphur:

Sulphur content of fuel oil does not exceed 1.0% afterSulphur content of fuel oil does not exceed 1.0% after 01.07.201001.07.2010 and and 00..10 % 10 % after after 01.01.201501.01.2015

An exhaust gas cleaning system or other equivalent An exhaust gas cleaning system or other equivalent technological method, approved by the Administration, is used technological method, approved by the Administration, is used in order to reduce total sulphur oxide emissions down to in order to reduce total sulphur oxide emissions down to 6 6 g/kWg/kW or less.or less.

Air EmissionsAir Emissions - - AnnexAnnex VVΙΙ Resolution MEPCResolution MEPC 60 60 ((MarchMarch 2010) 2010):: New Emissions Control AreaNew Emissions Control Area ( (effective aftereffective after 1 August1 August 2012 2012)):: North American ECANorth American ECA

CanadaCanada

U.S.A U.S.A

Hawaii (U.S.)Hawaii (U.S.)

Air EmissionsAir Emissions - - AnnexAnnex VVΙΙ

ResolutionResolution MEPC MEPC 62 (62 (JulyJuly 2011) 2011): : NewNew ECA in the Caribbean Sea ECA in the Caribbean Sea ((effective after 1 August effective after 1 August 2014):: United States Caribbean Sea ECAUnited States Caribbean Sea ECA ((coasts of Puerto Ricocoasts of Puerto Rico και και U.S. Virgin IslandsU.S. Virgin Islands))

Particularly Sensitive Sea AreasParticularly Sensitive Sea Areas(PSSAs)(PSSAs)

DefinitionDefinition

Particularly Sensitive Sea Area (PSSA)::

““an area that needs special protection through an area that needs special protection through action by IMO because of its significance for action by IMO because of its significance for recognized ecological or socio-economic or scientific recognized ecological or socio-economic or scientific reasons and which may be vulnerable to damage by reasons and which may be vulnerable to damage by international maritime activities.international maritime activities.”

PSSAsPSSAs 1.1. Great Barrier Reef, Great Barrier Reef, AustraliaAustralia (1990) (1990)2.2. The The Sabana-CamagüeySabana-Camagüey Archipelago Archipelago, , CubaCuba (1997) (1997)3.3. Malpelo IslandMalpelo Island, , ColombiaColombia (2002) (2002)4.4. The sea around the The sea around the Florida Keys, Florida Keys, United States United States (2002)(2002)5.5. The The Wadden Sea, Wadden Sea, DenmarkDenmark, , Germany and NetherlandsGermany and Netherlands (2002) (2002)6.6. Paracas National ReserveParacas National Reserve, , PeruPeru (2003) (2003)7.7. Western European WatersWestern European Waters (2004) (2004)8.8. Extension of the existingExtension of the existing Great Barrier Reef PSSA Great Barrier Reef PSSA to include theto include the Torres Torres

Strait Strait ((proposed by Australia and Papuproposed by Australia and Papuα α and New Guineaand New Guinea) (2005)) (2005)9.9. Canary IslandsCanary Islands, , SpainSpain (2005) (2005)10.10. The Galapagos ArchipelagoThe Galapagos Archipelago, , EcuadorEcuador (2005) (2005)11.11. The Baltic Sea Area, Denmark, Estonia, FinlandThe Baltic Sea Area, Denmark, Estonia, Finland, , GermanyGermany, , LatviaLatvia,,

LithuaniaLithuania, , Poland and SwedenPoland and Sweden (2005) (2005)12.12. TheThe Papahānaumokuākea Papahānaumokuākea Marine National Monument Marine National Monument, ΗΠΑ (2007), ΗΠΑ (2007)

CriteriaCriteria Classes of criteriaClasses of criteria::

EcologicalEcological SocialSocial, , culturalcultural && economiceconomic ScientificScientific && educationaleducational

Application for designation of a PSSAApplication for designation of a PSSA The application is submitted to the MEPC by the interested state or The application is submitted to the MEPC by the interested state or

states and must contain an analytical description of the geography, states and must contain an analytical description of the geography, importance and sensitivity of the proposed area and associated importance and sensitivity of the proposed area and associated protection measures, according to the guidelines provided in protection measures, according to the guidelines provided in Resolution A.927(22)Resolution A.927(22)

Associated protective measures for PSSAs are limited to actions Associated protective measures for PSSAs are limited to actions that are to be, or have been, approved and adopted by IMO, for that are to be, or have been, approved and adopted by IMO, for example, a routing system such as an area to be avoided. example, a routing system such as an area to be avoided.

Evaluation of the applicationEvaluation 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 PSSAPossible 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?