Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 50

It also prescribes that tankers must be fitted with a vapour emission control
system to reduce the emissions of volatile organic compounds (VOCs). Crude
oil-carrying tanker musts have on board and implement a VOC Management
Plan. 69 The Annex prohibits deliberate emissions of ozone-depleting substances. 70
Shipboard incineration of certain substances, including polychlorinated biphenyls
(PCBs) is also prohibited. 71 The revised Annex also includes elaborate provisions
for fuel oil availability and quality. 72 Like other annexes, this Annex-VI also
includes a regulation for the reception for ozone-depleting substances and equip-
ment containing such substances in repair ports and shipbreaking facilities. 73
This Annex was further amended in 2011 to address the issue of greenhouse gas
emissions (GHGs). This issue will be discussed later in Chap. 6 .

3.5 Special Pollution Prevention Areas

Both the United Nations Convention on the Law of the Sea (UNCLOS) and
MARPOL 73/78 Conventions contain provisions establishing special areas for
better protection of the marine environment. According to the UNCLOS, if the
international rules and standards are inadequate to meet the special conditions of a
certain area, coastal State(s) can declare defined areas of their respective EEZs as a
'

and adopt special mandatory measures for the prevention of pollution
from vessels after consultations with the competent international organisation. 74
This competent organisation is IMO.
The MARPOL 73/78 Convention established certain

special area

'

special areas where

' '

special mandatory methods for the prevention of pollution are required. 75 It pro-

vided a superior degree of protection to these special areas. A number of ' special

have been designated under Annexes I, II, IV-VI. 76 Annex I of the MARPOL
73/78 Convention defines

areas '

as “a sea area where for recognized
technical reasons in relation to its oceanographical and ecological condition and

' special area '

69 MARPOL73/78, Annex VI, reg. 15.
70 MARPOL 73/78, Annex VI, reg. 12.
71 MARPOL 73/78, Annex VI, reg. 16.
72

MARPOL 73/78, Annex VI, reg. 18.

73

MARPOL 73/78, Annex VI, reg. 17.

74

UNCLOS Art. 211(6). See generally, Molenaar ( 1998 ), pp. 402-418.

75

A Special Area may be defined as “a sea area where for recognised technical reasons in relation
to its oceanographical and ecological conditions 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, or garbage, as applicable, is required.” Resolution A.927(22) (2001) PSSA and Special
Areas Guidelines, IMO Doc. A 22/Res.927 (15 January 2002) (hereinafter PSSA and Special Area
Guidelines).
76 MARPOL73/78, Annex-I Regulations 1(11) and 15(3), Annex II, Reg. 13 (8), Annex IV
Regulation 5 bis, Annex V, Regulation 1(14), 2(8), 13 (6), 14 (3) and appendix VII.