Resolution A.1087(28)

 

Adopted on 4 December 2013

(Agenda item 12)

 

2013 GUIDELINES FOR THE DESIGNATION OF SPECIAL AREAS UNDER MARPOL

 

THE ASSEMBLY,

 

RECALLING Article 15(j) of the Convention on the International Maritime Organization concerning the functions of the Assembly in relation to regulations and guidelines concerning maritime safety, the prevention and control of marine pollution from ships and other matters concerning the effectof shipping on the marine environment,

 

RECALLING ALSO resolution A.720(17) by which it adopted Guidelines for the Designation of Special Areas, as set out in chapter 2 of the annex to that resolution,

 

RECALLING FURTHER resolution A.927(22), by which it adopted RevisedGuidelines for the Designation of Special Areas under MARPOL, as set out in annex 1 to that resolution, which superseded chapter 2 of the annex to resolution A.720(17), 

 

NOTING resolution A.982(24) by which it revoked annex 2 of resolution A.927(22),

 

NOTING ALSO that the Marine Environment Protection Committee adopted, by resolution MEPC.200(62), amendments to MARPOL Annex IV on Prevention of Pollution by Sewage from Ships, to include the possibility of establishing "Special Areas" for the prevention of such pollution from passenger ships,

 

NOTING FURTHER that, as a result of the amendments to MARPOL Annex IV, consequential amendments are necessary to the RevisedGuidelines for the Designation of Special Areas under MARPOL as adopted by resolution A.927(22),

 

HAVING CONSIDERED the recommendations made by the Marine Environment Protection Committee at its sixty-third session:

 

1        ADOPTS the 2013 Guidelines for the Designation of Special Areas under MARPOL, as set out in the annex, which supersede annex 1 to resolution A.927(22);

 

2        INVITES Governments to apply the 2013 Guidelines when proposing the designation of a Special Area under MARPOL;

 

3         REVOKES resolution A.927(22).

 

 

Annex

 

2013 GUIDELINES FOR THE DESIGNATION OF SPECIAL AREAS

UNDER MARPOL

 

 

1         INTRODUCTION

 

The purpose of these Guidelines is to provide guidance to Contracting Parties to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL), in the formulation and submission of applications for the designation of Special Areas under Annexes I, II, IV and V to the Convention.  These Guidelines also ensure that all interests – those of the coastal State, flag State, and the environmental and shipping communities – are thoroughly considered on the basis of relevant scientific, technical, economic and environmental information and provide for the assessment of such applications by IMO.  Contracting Parties should also review and comply with the applicable provisions of Annexes I, II, IV and V to the Convention, in addition to these Guidelines. 

 

2         ENVIRONMENTAL PROTECTION FOR SPECIAL AREAS UNDER MARPOL

 

General

 

2.1         MARPOL, in Annexes I, II, IV and V, defines certain sea areas as Special Areas in relation to the type of pollution covered by each Annex.  A Special Area is defined as "a sea area where for recognized 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, sewage, or garbage, as applicable, is required."  Under the Convention, these Special Areas are provided with a higher level of protection than other areas of the sea.

 

2.2         A Special Area may encompass the maritime zones of several States, or even an entire enclosed or semi-enclosed sea area.  Special Area designation should be made on the basis of the criteria and characteristics listed in paragraphs 2.3 to 2.6 to avoid the proliferation of such areas.

 

Criteria for the designation of a Special Area

 

2.3         The criteria that must be satisfied for an area to be given Special Area status are grouped into the following categories:

 

.1         oceanographic conditions;

 

.2         ecological conditions; and 

 

.3         vessel traffic characteristics.

 

Generally, information on each category should be provided in a proposal for designation. Additional information that does not fall within these categories may also be considered.

 

Oceanographic conditions

 

2.4         The area possesses oceanographic conditions which may cause the concentration or retention of harmful substances in the waters or sediments of the area, including:

 

.1         particular circulation patterns (e.g. convergence zones and gyres) or temperature and salinity stratification;

 

.2         long residence time caused by low flushing rates;