ment under which the offending vessel is registered. 
As of June 1992, 111 cases involving Annex V 
violations had been forwarded by the State Depart- 
ment to flag states. The response to these referrals, 
however, has been poor. As of June, no response had 
been received in 76 cases, and of the 35 replies only 
two flag states reported imposing a penalty. 
In view of this response, the Coast Guard, in 
consultation with the State Department, has changed 
its policy on handling cited violations. Under the new 
policy the United States will take direct enforcement 
action, consistent with international law, against 
foreign ships in U.S. ports that are suspected of 
having violated Annex V restrictions anywhere within 
the U.S. 200-mile Exclusive Economic Zone. 
During the Marine Environment Protection Com- 
mittee’s 33rd session on 26-30 October 1992, the 
Coast Guard advised the Committee of the actions it 
had taken and the problems it had encountered. The 
Coast Guard requested that other nations also submit 
information to the Committee on their experiences 
with implementing and enforcing Annex V. 
As a related problem, a number of member states 
have failed to submit mandatory reports on violations 
of Convention provisions, making it difficult to 
evaluate the effectiveness of its provisions. As a 
partial response, therefore, the Committee established 
a working group to revise its mandatory reporting 
forms for Convention violations. Further work on 
this matter is expected during the Committee’s next 
meeting in July 1993. 
Special Areas 
When Annex V entered into force on 31 December 
1989, its text listed five Special Areas in which 
particularly stringent discharge restrictions for ship- 
generated garbage were to apply (see Table 13). The 
five areas are the Mediterranean, Baltic, Black, and 
Red Seas, and the Persian Gulf/Gulf of Oman. Since 
then, Annex V has been amended to add three other 
areas to its list: the North Sea, the Antarctic area 
south of 60 degrees south latitude, and the Wider 
Caribbean Region, including the Gulf of Mexico. 
155 
Chapter VII — Impacts of Marine Debris 
The amendments to the Annex adding the Antarctic 
and Caribbean Special Areas became effective on 16 
March and 2 October 1992, respectively. Contracting 
parties normally have one year from the date an 
amendment process is completed to revise their 
domestic regulations to reflect the change. At the end 
of 1992, the U.S. Coast Guard was in the process of 
developing proposed regulations to add both areas to 
the related U.S. rules. 
Before Special Areas under Annex V can enter into 
force, contracting parties bordering a listed Special 
Area must affirm to the International Maritime Orga- 
nization that adequate facilities to receive ship-generat- 
ed garbage are available along the coastlines bordering 
the Special Areas. To date, this provision has been 
satisfied for only two of the eight listed Special Areas. 
These are the North Sea and the Antarctic area. For 
the other six areas, it is uncertain when the more 
restrictive discharge standards may take effect. 
The nations bordering the North Sea Special Area 
advised the organization that port reception facilities 
for garbage were in place when the amendment to add 
that area was first proposed in 1990. With regard to 
the Antarctic area, special conditions apply because of 
the unique environment and the special waste disposal 
restrictions on the Antarctic continent (see Chapter 
V). In view of these circumstances, the proposal to 
add the Antarctic Special Area explicitly noted that the 
port reception facility requirements mandated for other 
special areas should not apply to stations and bases on 
the Antarctic continent. 
To address this point, the amendment adding the 
Antarctic Special Area included measures requiring 
that flag states ensure that vessels flying their flag in 
the Antarctic Special Area have storage space to retain 
ship-generated garbage that cannot be discharged 
while in the area. Vessels also must have made 
arrangements for proper disposal of accumulated 
wastes upon leaving the area. Given the lack of port 
reception facility requirements for the Antarctic 
Special Area, the more restrictive standards for this 
area became effective immediately after completion of 
the listing process on 17 March 1992. 
