The International Convention on the Prevention of Pollution from Ships (MARPOL) provides for the designation of specific areas of the ocean as "special areas" where vessels are subject to stricter controls regarding discharges than under generally applicable international standards. 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, or garbage, as applicable, is required." See Report of the Marine Environment Protection Committee on its Sixty-Third Session, approved Mar. 14, 2012, IMO MEPC 63/23/Add.1, annex 27 [hereinafter 2013 Special Area Guidelines] at 2.1. Although MARPOL has six annexes that address marine pollution from the discharge or emission of harmful substances, special area designation is only available to parties under Annex I (oil), Annex II (noxious liquid substances in bulk), Annex IV (sewage), and Annex V (garbage). See 2013 Special Area Guidelines. The US is not a signatory to Annex IV and so cannot establish a Special Area for sewage pollution from ships. There are currently no Special Areas in the US.Special Areas are provided with a higher level of protection than other sea areas. MEPC.1/Circ/778/Rev.2. To obtain special area designation, a proposing government must show in its proposal that basic MARPOL requirements do not provide adequate protection for the identified area. IMO Assembly Resolution A.927(22), Guidelines for the Designation of Special Areas under MARPOL 73/78 (Special Areas Guidelines). If accepted by the Marine Environmental Protection Committee (MEPC offsite link), the Special Area designation is then effected through an amendment to the respective MARPOL Annex. For example, a state looking to put in place a special area designation for oil would propose an amendment to MARPOL 73/78 Annex I to be considered by the MEPC. If accepted, the special area designation would then become a part of MARPOL, Annex I, as amended.

Examples of Special Areas

Southern South African Waters (Annex I): The MARPOL 73/78 Amendment to Annex I establishing the Southern South African Waters as a special area took effect March 1, 2008. MEPC.167(56) offsite link. Such regulations include restrictions on the oil and oily substance discharges while in the special area. 33 CFR §151.13 offsite link.

Baltic Sea (Annex IV): The regulations under Annex IV controlling sewage discharge from ships began taking effect for new vessels in the Baltic Sea Special Area in June 2019, to be completed in June 2023 according to Resolution MEPC.275(69) offsite link.

Wider Caribbean Region (Annex V): The discharge requirements took effect for the Wider Caribbean Region Special Area, including the Gulf of Mexico and the Caribbean Sea, beginning in May 2011, in order to prevent pollution in the designated area by garbage. Resolution MEPC.191(60) (March 25, 2010) offsite link.

Further Information:

• IMO Assembly Resolution A.927(22), Guidelines for the Designation of Special Areas under MARPOL 73/78 (Special Areas Guidelines).
• MARPOL 73/78, Article 16, Formal Amendment procedures used for Special Areas designation
• IMO Assembly Resolution A.1087(28) offsite link, 2013 Guidelines for the Designation of Special Areas under MARPOL (February 21, 2014)
• IMO Site on Special Areas under MARPOL offsite link
• List of Special Areas, Emission Control Areas and Particularly Sensitive Sea Areas as of April 2017 offsite link

 Last updated July 29, 2020