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: 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 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 Marine Environment Protection Committee - IMO IMO General Assembly 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: 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 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: 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: 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 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: 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. 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: Discharge of cargo residues that cannot be recovered using commonly available methods for unloading is allowed, where all the following conditions are satisfied: Cargo residues, cleaning agents or additives, contained in hold washing water do not include any substances classified as harmful to the marine environment. 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. No adequate reception facilities are available at those ports. The ship is en route, and The distance is greater than 12nm from the nearest land.

Protection against pollution from Garbage - Annex V Revised Annex V, in effect after 1 January 2013, provides for the following: Exceptions: Discharge necessary for the purpose of securing the safety of a ship and those on board or saving life at sea. 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. Accidental loss of fishing gear provided that all reasonable precautions have been taken to prevent such loss. 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 Emission Control Areas - ECAs: Baltic Sea North Sea 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 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 Resolution MEPC 62 (July 2011): 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)

Particularly Sensitive Sea Area (PSSA): 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 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) Canary Islands, Spain (2005) The Galapagos Archipelago, Ecuador (2005) The Baltic Sea Area, Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden (2005) The Papahānaumokuākea Marine National Monument, ΗΠΑ (2007)

Application for designation of a PSSA Criteria Classes of criteria: Ecological Social, cultural & economic Scientific & educational Application for designation of a PSSA 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?