Pollution Prevention, Response and Compensation - Prevention of Pollution of the Marine Environment from Vessels - page 51

to the particular character of its traffic the adoption of special mandatory methods
for the prevention of sea pollution by oil is required”. 77 Annexes IV and V of the
MARPOL 73/78 Convention define in a similar way for the preven-

tion of sea pollution by sewage and garbage. 78 In designating a special area, IMO
has to consider three criteria: oceanographic conditions; ecological conditions; and
vessel traffic characteristics. 79 Annex-I of the MARPOL 73/78 Convention pro-
hibits the discharge of oil from ships above 400 gross tonnage in special areas,
except certain special circumstances. 80 It also prohibits the discharge of oil and oily
mixtures in the Antarctic area. 81 Annex II of the Convention prohibits any dis-
charge of NLS, or mixtures containing NLS, in the Antarctic area. 82 Annex IV
prohibits the discharge of sewage from a passenger ship in a special area 83 ;
Although this can be exempted if the ship has a sewage treatment plant and there
is no possibility of producing visible floating solids or causing discoloration of the
surrounding by the effluent. 84 Annex V of the Convention permits the disposal of
only certain types of garbage in special areas, and under very strict conditions. 85
Finally, Annex VI of the Convention severely restricts the emissions of SOx and
NOx in the Emission Control Areas (Table 3.2 ). 86

special area

' '

3.6 Particularly Sensitive Sea Area

The advantage of the Particularly Sensitive Sea Area (PSSA) system is that it gives
States room to take broader protective measures. PSSA has been defined as “an area
that needs special protection through action by IMO because of its significance for
recognized ecological, socio-economic, or scientific attributes where such attributes
may be vulnerable to damage by international shipping activities”. 87
In a PSSA, IMO may allow the coastal State(s) to use ship routing and reporting
systems as associated protective measures. Moreover, coastal State(s) of a

77 MARPOL 73/78, Annex I, Regulation 1(11).
78 MARPOL 73/78, Annex IV Regulation 5bis and Annex V, Regulation 1(14). See also Resolu-
tion MEPC.200(62), Report of the Marine Environment Protection Committee on its Sixty-Second
Session, Annex 12, IMO Doc. MEPC 62/24(26 July 2011).
79

PSSA and Special Area Guidelines, above note 72.

80

MARPOL73/78, Annex-I Regulation 15(3).

81

MARPOL73/78, Annex-I Regulation 15(4).

82

MARPOL73/78, Annex II Regulation 13(8).

83

MARPOL73/78, Annex VI Regulation 11(3).
84 Ibid.
85 MARPOL73/78, Annex V Regulation 5.
86 MARPOL73/78, Annex VI Regulations 13 (5.1) and 14(4).
87 Resolution A.982(24), Revised Guidelines for the Identification and Designation of Particularly
Sensitive Areas, IMO Doc A 24/Res.982 (6 February 2006).