IMSML Website Article 16/2025: Resolution MEPC.380(8) - Designation of the North-Western Mediterranean Sea as a Particularly Sensitive Area

Resolution MEPC.380(8) was adopted on 7 July 2023. It was made pursuant to the objective of the following previous Resolutions:

[1] Resolution A.982(24)(as amended by Resolution MEPC.267(8) the Revised PSSA Guidelines) - Revised Guidelines for the Identification and Designation of Particularly Sensitive Sea Areas;

[2] MEPC.1/Circ.510 - Guidance Document for Submission of PSSA Proposals to IMO;

[3] MEPC.1/Circ.674 - Guidance Document for Minimizing the Risk of Ship Strikes with Cetaceans.

ANNEX 1 - DESCRIPTION OF THE AREA

Resolution MEPC.380(8) designates the North-Western Mediterranean Sea as a ‘Particularly Sensitive Sea Area’ (PSSA). The exact coordinates using 10 distinct geo-location datapoints from A to J that are found in Annex 1. This PSSA is located between the coastline of France, Italy, Monaco and Spain., see Annex 20, p 2.

This designation is in addition to the existing Spanish ‘Mediterranean Cetacean Migration Corridor’ and the Pelagos Sanctuary. Vessels should exercise extreme care when navigating the area bounded by the geographical coordinates.

ANNEX 2 - ECOLOGICAL AND SOCIO-ECONOMIC CRITERIA

SECTION 1 - GENERAL

What is the general reason for the designation? The area is one of the world’s 10 biodiversity hotspots, although representing a mere 1 percent of the total surface area of the earth’s oceans, see Paragraph 1.7.

SECTION 2 - ECOLOGICAL CRITERIA

Is the designated area a habitat for endangered species? Yes !!! Among the endangered / vulnerable species identified in Paragraph 2.3 are:

[1] Mediterranean fin whales;

[2] Sperm whales;

[3] Cuvier’s beaked whales;

[4] Bottlenose dolphins;

[5] Risso’s dolphins;

[6] All cetacean species listed in Annex IV of the Habitats, Fauna and Flora European Directive 92//43/EEC;

[7] Species included in the IUCN ‘Red List’.

What is the economic value of these species? Cetaceans play a major roles in the development of tourism in the area, see Paragraph 2.4.

Is the designated area an essential feeding ground? Yes !!! Atlantic krill (ie a zooplankton species) is abundant in the summer and autumn, and is the sole source of food for some species of cetaceans, see Paragraph 2.13.

Is the designated area a part of the cetacean migration corridor? Yes, in particular the Spanish cetacean migration corridor and the north Balearic Archipelago, see Paragraph 2.15.

Is the designated area part of the spawning or breeding grounds? A high percentage of juvenile whales are reported in the study area, although Mediterranean cetaceans do not show specific breeding grounds, see Paragraph 2.19. It is a favourable place for reproduction of sperm whales and long-finned pilot whales, see Paragraph 2.19. Sardines’ and anchovies have persistent nursery habitats in the region, see Paragraph 2.20.

How fragile is the ecosystem in the designated area? It is particularly vulnerable to change because of the high level of endemism, and the near absence of tides. The combination of increased marine traffic and climate change are weakening the natural balance, see Paragraph 2.21. Cetaceans are vulnerable due to their slow growth, high longevity and low reproduction rate, see Paragraph 2.22.

SECTION 3 - SOCIAL, CULTURAL AND ECONOMIC CRITERIA

How important is Seaside tourism in the designated? It is one of the main economic resources as there is the proximity of several beautiful islands (eg Corsica, Sardinia, Tuscan archipelago and Balearic Islands). To a large extent, the area is economically dependent on tourism, see Paragraph 3.1. Activities such as whale watching is mainly carried out between June and September, see Paragraph 3.2. However, fishing is constrained with the decline in fish stocks, see Paragraph 3.3.

SECTION 4 - SCIENTIFIC AND EDUCATIONAL CRITERIA

What is the scientific importance of the designated area? It provides an opportunity to study Mediterranean cetaceans, effective management and conservation rules in places such as the Pelagos Sanctuary and the Spanish cetacean migration corridor, see Paragraph 4.1.

What is the importance of this designated area to education? The emblematic nature of cetaceans makes it possible to communicate more widely with the general public on ecological issues that concern the entire marine environment, see Paragraph 4.3.

ANNEX 3 - VULNERABILITY TO DAMAGE BY INTERNATIONAL SHIPPING ACTIVITIES

How busy is the Mediterranean Sea? It is one of the busiest shipping areas in the world, with an estimated 220,000 merchant ships per year. Commercial shipping is particularly intense in the Western Mediterranean. Ships often exceed 100m in size, sailing at between 14 and over 20 knots (for ferries, cargo ships, tankers, container ships etc) and more than 35 knots for high speed craft (HSC), see Paragraph 1.1. Data from the mid-1990s to mid-2000s, the Mediterranean sea has seen a 58 percent increase in transit capacity, coupled with a 30 percent increase in vessel size (since 1997), see Paragraph 1.2. There is also a trend in increasing number of vessels using the Automatic Identification System (AIS) using the area and the number of voyages made, see Paragraph 1.3.

Other than the maritime traffic for goods, is there any other kind of traffic? The geographical proximity of islands, combined with commercial port infrastructures, promotes maritime ferry traffic, see Paragraph 1.4. Favourable weather conditions and infrastructure have also developed cruise activity, see Paragraph 1.4. There are also more than 700 listed marinas, see Paragraph 1.4.

What flags are represented in vessel registration? More than 2/3 (69 percent in winter and 71 percent in summer) fly a European flag, see Paragraph 1.7.

What are the harmful substances carried on these ships? Chemicals and substances listed in the MARPOL Convention, as the Mediterranean is an important transport route as well as a major oil loading and unloading centre, see Paragraph 1.8. In 2006, about 18 percent of the world’s crude oil shipping, ie about 4224 voyages and 421 million tonnes took place in the Mediterranean, see Paragraph 1.9. 

What are the risks to navigation in the designated area? There are numerous narrow passages and sectors with numerous islands / islets. There are also the presence of rocks and strong currents that can increase the risk of grounding and other accidents, see Paragraph 2.1. Local winds are variable and become stronger in winter, which have gusts exceeding 100 km/h, see Paragraph 2.4.

Are collisions between ships and large cetaceans a serious threat? Collisions  involve a wide variety of vessels with increasing speeds with increasing severity of injury to the animal, although the actual total number of collisions are difficult to quantify and assess, see Paragraph 3.1 and 3.2. An analysis of collisions records between 1971-2001 for the North-West Mediterranean, there were 80 percent of ship strikes, see Paragraph 3.3. The European Marine Strategy Framework Directive (MSFD), an assessment carried out by France in 2018 made the following findings (see Paragraph 3.5):

[1] 80 percent of recorded collisions events involved fin whales;

[2] 10 percent involved sperm whales.

Note, this suggests that the collisions and incidental catches alone maybe responsible for the decline of the Mediterranean fin whale sub-population, see Paragraph 3.5.

What would be the impact of a speed reduction strategy for ships?  This will allow a significant decrease in the likelihood of collision and fatal wildlife-related injuries as associated protective measures mitigate the risks and help prevent the decline in populations of medium and large cetaceans, see Paragraph 3.11. There are several studies that have confirmed an increased risk with increased speed, see Paragraph 3.12. Since the introduction of a 10 knots speed limit in 2013, no collision events were recorded, see Paragraph 3.14. Several models have shown that speeds between 10 and 13 knots drastically decrease the probability of lethal injuries in cases of collisions between ships and cetaceans, see Paragraph 3.16.

What is the impact of physical disturbance of cetaceans by ships?  It may cause individuals to move to less favourable habitats, as well as altering the normal cause of functions such as foraging, reproduction, suckling, resting or migration, see Paragraph 3.17.

What is the impact of underwater noise from commercial shipping? The main contributor to the noise generated by a merchant ship is the movement of the engine propeller. This increases with the shape of the propeller , state of wear of the ship, its size, speed and loading. A 10 percent speed reduction would reduce the total sound energy from shipping by around 40 percent on the global scale, see Paragraph 3.18. Commercial vessels can have short term and long term negative consequences for marine life. Increase in ambient noise levels, especially in the low frequencies, reduce the communication range of cetaceans. This makes it difficult to find mates, establish social relationships, as well as foraging and orientation. Repeated shallow dives to cope with persistent acoustic disturbances are likely to increase the risk of decompression illness in marine mammals, see Paragraph 3.19.

What are the negative impacts of chemical pollution? Accidental oil spills are rare in the area, with the last recorded event involving the MT Haven in the Gulf of Genoa (1991), see Paragraph 3.21. Polycyclic aromatic hydrocarbons (PAHs) can bioaccumulate in the tissues of marine mammals. The deterioration of zoo plankton can generate a negative impact as it is the main food for whales, see Paragraph 3.23.  Anti-fouling paints  can disrupt immune systems through bioaccumulation, and even lead to death, see Paragraph 3.24. The positive news is that hazardous  and noxious substances (HNS) have decreased considerably, and since 2003, have become insignificant, see Paragraph 3.25. A matter of concern is the 10 fold increase in the density of marine litter from off-shore, to coastal to river. The origin is mainly land-based, see Paragraph 3.26. The increase is due to the proximity of large coastal cities, and frequent maritime activities, see Paragraph 3.27. Biofouling is managed through the Ballast Water Management Convention by reducing the impact of invasive species, see Paragraph 3.29.

What are green house emission in the designated area? In 2017, 3.25 percent total EU greenhouse gas emissions were attributable to international shipping. This is projected to increase to 32 percent over 20 years and 250 percent in 50 years. There are binding standards for shipping companies to reduce CO2 emissions by 40 percent by 2030, see Paragraph 3.30. An Emission Control Area for Sulphur Oxides and Particulate Matter (SECA) has been designated by IMO’s MEPC at its 78th Session. Subsequently at its 79th Session 2022, MEPC adopted amendments to designate the Mediterranean Sea (as a whole) as a SECA under MARPOL Annex VI. The amendment entered into force on 1 May 2024, and the new sulphur limit will take effect on 1 May 2025, see Paragraph 3.33.

ANNEX 4 - ASSOCIATED PROTECTIVE MEASURE FOR THE NORTH-WESTERN MEDITERRANEAN SEA PARTICULARLY SENSITIVE AREA 9 (NW MED PSSA)

Are the associated protective measures (APMs) mandatory? No. It is recommendatory in nature as deemed to be applied by any commercial ships and pleasure yachts from 300 gross tonnage and upwards, see MEPC 80/17/Add.1, Annex 20, p 24.

In summary, what are the Associated Protection Measures (APMs)? There are four measures listed in Annex 4 (see MEPC 80/17/Add.1, Annex 20, p 24):

[1] Navigation should be conducted with caution;

[2] Appropriate safe distance should be kept, together with a voluntary speed reduction (VSR) of about 10-13 knots;

[3] Broadcast on VHF (or other available means on the scene), the position of medium or large cetaceans;

[4] Report any collision with cetaceans with the coastal Authorities.

Thank you for reading IMSML Website Article 16/2024

Stay tuned for the next IMSML Website Article 17/2025: Resolution MEPC.381(80) - Establishment of the Date on Which Regulations 15.3, 15.5, and 34.3 to 34.5 of MARPOL Annex I (in respect of the Red Sea and the Gulf of Aden Special Areas) Shall Take Effect

Signing-off for today,

Dr Irwin Ooi Ui Joo, LL.B(Hons.)(Glamorgan); LL.M (Cardiff); Ph.D (Cardiff); CMILT

Professor of Maritime and Transport Law

Head of the Centre for Advocacy and Dispute Resolution

Faculty of Law

Universiti Teknologi MARA Shah Alam

Selangor, Malaysia

Tuesday,  22 April 2025

Note that I am the corresponding author for the IMSML Website Articles. My official email address is: uijoo310@uitm.edu.my