3.5 Associated Protective Measures
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Circulars - Marine Environment Protection Committee - MEPC.1/Circular.510 – Guidance Document for Submission of PSSA Proposals to IMO – (10 May 2006) - Annex – Guidance Document for Submission of PSSA Proposals to IMO - 3 Required Elements for a PSSA Application - 3.5 Associated Protective Measures

3.5 Associated Protective Measures

  3.5.1 The application should propose the APMs available through IMO and show how they provide the needed protection from the threats of damage posed by the international shipping activities occurring in and around the area. If the application identifies a new APM, then the proposing Member Government must append a draft of the proposal which is intended to be submitted to the appropriate Sub-Committee or Committee to its application. If the measure is not already available under an IMO instrument, the proposal should set forth its legal basis and/or the steps that the proposing Member Government has taken or will take to have the measure approved and adopted by IMO pursuant to an identified legal basis. If a protective measure already exists to protect the area, then the application should show how the area is being protected by this measure. Additional APMs may be introduced in the future to address identified vulnerabilities and, as with APMs that are proposed at the time of the initial application for PSSA designation, such measures must comply with the Guidelines.

  • .1 Types of Measures – The possible measures may include ships’ routeing or reporting measures; discharge restrictions; operational criteria; and prohibited activities, and should be specifically tailored to meet the need of the area at risk.

  • .2 Legal Basis – Each APM must have an identified legal basis and the application should set forth the information on the consistency of the APM with the legal instrument under which the APM is proposed. (Guidelines, paragraphs 7.5.2.3 and 7.6.) The legal basis for APMs are: (i) any measure that is already available under an existing IMO instrument; or (ii) any measure that does not yet exist but could become available through the amendment of an IMO instrument or adoption of a new IMO instrument. The legal basis for any such measure would only be available after the IMO instrument was amended or adopted, as appropriate; or (iii) any measures proposed for adoption in the territorial seafootnote or pursuant to Article 211(6) of the United Nations Convention on the Law of the Sea where existing measures or a generally applicable measure (as set forth in (ii)) would not adequately address the particularized need of the proposed area. If the country is proceeding under a measure that is not yet available under an IMO instrument, the application should contain the steps that the Government is pursuing to have the measure approved or adopted by IMO pursuant to an identified legal basis.

  • .3 Categories of Ships – The application should clearly specify the category or categories of ships to which the proposed associated protective measures would apply, consistent with the provisions of the United Nations Convention on the Law of the Sea – including those related to vessels entitled to sovereign immunity – and other pertinent instruments.

  • .4 Impact on Navigation – The application should indicate the possible impact of any proposed measures on the safety and efficiency of navigation, taking into account the area of the ocean in which the proposed measures are to be implemented. The application should set forth such information as implications for ship safety and the impact on ship operations.

Parent topic: 3 Required Elements for a PSSA Application
Copyright 2022 Clasifications Register Group Limited, International Maritime Organization, International Labour Organization or Maritime and Coastguard Agency. All rights reserved. Clasifications Register Group Limited, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as 'Clasifications Register'. Clasifications Register assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Clasifications Register entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract.