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   PROTOCOL RELATING TO INTERVENTION ON THE HIGH  SEAS  IN  CASES  OFMARINE POLLUTION BY SUBSTANCES OTHER THAN OIL 1973 *

            Whole document

    [*1. Ratification by the Nether lands was declared to be effective in

respect of the Netherlands Antilles.

    2. Ratification by the United kingdom was declared to be effective in

respect of Bermuda. With effect from May 5. 1981.

    3. The Preamble. Articles and Testimonies of the Protocol were done by

the International Conference on Marine Pollution in London on November 2.

1973 For the text of the Final Act of the Conference. see IMCO Publication

77. 14E. The Annex to the Protocol (see page 22) was adopted by the Marine

Environment Protection Committee of the Organization by Resolution MEPC. I

(II) of November 21. 1974, that Committee having been designated by the

Assembly of the Organization as the body referred to in paragraph 2 (a) of

Article I of the Protocol (Assembly Resolution A 296 (VIII) of November 23

(1973).]

    The Parties to the present Protocol,

    Being Parties to the International Convention relating to Intervention

on the High Seas in Cases of Oil Pollution Casualties, done at Brussels on

November 29, 1969.

    Taking into account the Resolution on International Co-operation

Concerning Pollutants other than Oil adopted by the International Legal

Conference on Marine Pollution Damage, 1969.

    Further taking into account that pursuant to the Resolution, the

Intergovernmental Maritime Consultative Organization has intensified its

work in collaboration with all interested international organisations, on

all aspects of pollution by substances other than oil,

    Have agreed as follows:

            Article I

    1. Parties to the present Protocol may take such measures on the high

seas as may be necessary to prevent mitigate or eliminate grave and

imminent danger to their coastline or related interests from pollution or

threat of pollution by substances other than oil following upon a maritime

casualty or acts related to such a casualty, which may reasonably be

expected to result in major harmful consequences.

    2. "Substances other than oil" as referred to in paragraph 1 shall be:

        (a) those substances enumerated in a list which shall be

established by an appropriate body designated by the Organization and

which shall be annexed to the present Protocol, and

        (b) those other substances which are liable to create hazards to

human health, to harm living resources and marine life. to damage

amenities or to interfere with other legitimate uses of the sea.

    3. Whenever an intervening Party takes action with regard to a

substance referred to in paragraph 2 (b) above that Party shall have the

burden of establishing that the substance,  under the circumstances

present at the time of the intervention. could reasonably pose a grave and

imminent danger analogous to that posed by any of the substances

enumerated in the list referred to in paragraph 2 (a) above.

            Article II

    1. The provisions of paragraph 2 of Article I and of Articles II to

VIII of the Convention Relating to Intervention on the High Seas in Cases

of Oil Pollution Casualties, 1969, and the Annex thereto as they relate to

oil, shall be applicable with regard to the substances referred to in

Article I of the present Protocol.

    2. For the purpose of the present Protocol the list of experts

referred to in Articles III (c) and IV of the Convention shall be extended

to include experts qualified to give advice in relation to substances

other than oil. Nominations to the list may be made by Member States of

the Organization and by Parties to the present Protocol.

         Article III

    1. The list referred to in paragraph 2 (a) of Article I shall be

maintained by the appropriate body designated by the Organization.

    2. Any amendment to the list proposed by a Party to the present

Protocol shall be submitted to the Organization and circulated by it to

all Members of the Organization and all Parties to the present Protocol at

least three months prior to its consideration by the appropriate body.

    3. Parties to the present Protocol whether or not Members of the

Organization shall be entitled to participate in the proceedings of the

appropriate body.

    4. Amendments shall be adopted by a two-thirds majority of only the

Parties to the present Protocol present and voting.

    5. If adopted in accordance with paragraph 4 above, the amendment

shall be communicated by the Organization to all Parties to the present

Protocol for acceptance.

    6. The amendment shall be deemed to have been accepted at the end of a

period of six months after it has been communicated, unless within that

period an objection to the amendment has been communicated to the

Organization by not less than one-third of the Parties to the present

Protocol.

    7. An amendment deemed to have been accepted in accordance with

paragraph 6 above shall enter into force three months after its acceptance

for all Parties to the present Protocol,  with the exception of those

which before that date have made a declaration of non-acceptance of the

said amendment.

            Article IV

    1. The present Protocol shall be open for signature by the States

which have signed the Convention referred to in Article II or acceded

thereto, and by any State invited to be represented at the International

Conference on Marine Pollution 1973. The Protocol shall remain open for

signature from January 15, 1974 until December 31, 1974 at the

Headquarters of the Organization.

    2. Subject to paragraph 4 of this Article, the present Protocol shall

be subject to ratification. acceptance or approval by the States which

have signed it.

    3. Subject to paragraph 4, this Protocol shall be open for accession

by States which did not sign it.

    4. The present Protocol may be ratified, accepted, approved or acceded

to only by States which have ratified, accepted approved or acceded to the

Convention referred to in Article II.

      Article V

    1. Ratification, acceptance, approval or accession shall be effected

by the deposit of a formal instrument to that effect with the

Secretary-General of the Organization.

    2. Any instrument of ratification, acceptance, approval or accession

deposited after the entry into force of an amendment to the present

Protocol with respect to all existing Parties or after the completion of

all measures required for the entry into force of the amendment with

respect to all existing Parties shall be deemed to apply to the Protocol

as modified by the amendment.

            Article VI

    1. the present Protocol shall enter into force on the ninetieth day

following the date on which fifteen States have deposited instruments of

ratification, acceptance, approval or accession with the Secretary-General

of the Organization, provided however that the present Protocol shall not

enter into force before the Convention referred to in Article II has

entered into force.

    2. For each State which subsequently ratifies, accepts, approves or

accedes to it, the present Protocol shall enter into force on the

ninetieth day after the deposit by such State of the appropriate

instrument.

            Article VII

    1. The Present Protocol may be denounced by any Party at any time

after the date on which the Protocol enters into force for that Party.

    2. Denunciation shall be effected by the deposit of an instrument to

that effect with the Secretary-General of the Organization.

    3. Denunciation shall take effect one year, or such longer period as

may be specified in the instrument of denunciation after its deposit with

the Secretary-General of the Organization.

    4. Denunciation of the Convention referred to in Article II by a Party

shall be deemed to be a denunciation of the present Protocol by that

Party, Such denunciation shall take effect on the same day as the

denunciation of the Convention takes effect in accordance with paragraph 3

of Article XIII of that convention.

   Article VIII

    1. A conference for the purpose of revising or amending the present

Protocol may be convened by the Organisation.

    2. The Organization shall convene a conference of Parties to the

present Protocol for the purpose of revising or amending it at the request

of not less than one-third of the Parties.

            Article IX

    1. The present Protocol shall be deposited with the Secretary-General

of the Organization.

    2. The Secretary-General of the Organization shall:

        (a) inform all States which have signed the present Protocol or

acceded thereto of:

            (i) each new signature or deposit of an instrument together

with the date thereof;

            (ii) the date of entry into force of the present Protocol;

            (iii) the deposit of any instrument of denunciation of the

present Protocol together with the date on which the denunciation takes

effect;

            (iv) any amendments to the present Protocol or its Annex and

any objection or declaration of non-acceptance of the said amendment;

        (b) transmit certified true copies of the present Protocol to all

States which have signed the present Protocol or acceded thereto.

            Article X

    As soon as the present Protocol enters into force, a certified true

copy thereof shall be transmitted by the Secretary-General of the

Organization to the Secretarial of the United Nations for registration and

publication in accordance with Article 102 of the Charter of the United

Nations.

            Article XI

    The present Protocol is established in a single original in the

English, French, Russian and Spanish languages, all four texts being

equally authentic.

    In witness whereof the undersigned * being duly authorized for that

purpose have signed the present Protocol.

    [* Signatures omitted.]

    Done at London this second day of November one thousand nine hundred

and seventy-three.

    ANNEX: LIST OF SUBSTANCES ESTABLISHED BY  THE  MARINE  ENVIRONMENTPROTECTION COMMITTEE OF THE ORGANIZATION IN ACCORDANCE  WITH  PARAGRAPH  2(a) OF ARTICLE I

            1. Oil (when carried in bulk)

        Asphalt Solutions

        Blending stocks

        Roofers Flux

        Straight Run Residue

        Oil

        Clarified

        Mixtures containing Crude Oil

        Road Oil

        Aromatic Oil (excluding vegetable oil)

        Blending Stocks

        Mineral Oil

        Penetrating Oil

        Spindle Oil

        Turbine Oil

        Distillates

        Straight Run

        Flashed Feed stocks

        Gas oil

        Cracked

        Gasoline Blending Stocks

        Alkylated-fuel

        Reformates

        Polymer-fuel

        Gasoline

        Casinghead (natural)

        Automotive

        Aviation

        Straight Run

        Jet fuels

        JP-1 (Kerosene)

        JP-3

        JP-4

        JP-5 (Kerosene, heavy)

        Turbo Fuel

        Mineral Spirit

        Naphtha

        Solvent

        Petroleum

        Heartcut Distillate Oil

  2. Noxious Substances

 Acetic anhydride

 Acetone

 Acetone cyanohydrin

 Acrolein

 Acrylonitrile

 Aldrin

 Allyl isothiocyanate

 Aluminium phosphide

 Ammonia (28% aqueous)

 Ammonium phosphate

 Amyl mercaptan

 Aniline

 Aniline hydrochloride

 Antimony compounds

 Arsenic compounds

 Atrazine

 Azinphos methyl (Guthion)

 Barium azide

 Barium cyanide

 Barium oxide

 Benzene

 Benzenehexachloride isomers (Lindane)

 Benzidine

 Beryllium powder

 Bromine

 Bromobenzyl cyanide

 n-Butyl acrylate

 Butyric acid

 Cacodylic acid

 Cadmium compounds

 Carbaryl (Sevin)

 Carbon disulphide

 Carbontetrachloride

 Chlorodane

 Chloroacetone

 Chloroacetophenone

 Chlorodinitrobenzene

 Chloroform

 Chlorohydrins (crude)

 Chloropicrin

 Chromic acid (Chromium trioxide)

 Cocculus (solid)

 Copper compounds

 Cresols

 Cupriethylene diamine

 Cyanide compounds

 Cyanogen bromide

 Cyanogen chloride

 DDT

 Dichloroanilines

 Dichlorobenzenes

 Dieldrin

 Dimethoate (Cygon)

 Dimethyl amine (40% aqueous)

 Dinitroanilines

 4, 6-Dinitroorthocresol

 Dinitrophenols

 Endosulphan (Thiodan)

 Endrin

 Epichlorohydrin

 Ethyl bromoacetate

 Ethylene chlorohydrin (2-Chloro-ethanol)

 Ethylene dichloride

 Ethyl parathion

 Fentin acetate (dry)

 Fluosilicic acid

 Heptachlor

 Hexachlorobenzene

 Hexaethyl tetraphosphate

 Hydrocyanic acid

 Hydrofluoric acid (40% aqueous)

 Isoprene

 Lead compounds

 Lindane (Gammexane, BHC)

 Malathion

 Mercuric compounds

 Methyl alcohol

 Methylene chloride

 Molasses

 Naphthalene (molten)

 Naphthylthiourea

 Nitric acid (90%)

 Oleum

 Parathion

 Paraquat

 Phenol

 Phosphoric acid

 Phosphorus (elemental)

 Polyhalogenated biphenyls

 Sodium pentachlorophenate (solution)

 Styrene monomer

 Toluene

 Toluene diisocyanate

 Toxaphene

 Tritolyl phosphate (Tricresyl phosphate)

 2, 4, 5-T

   3. Liquefied Gases (when carried in bulk)

 Acetaldehyde

 Anhydrous Ammonia

 Butadiene

 Butane

 Butane/Propane Mixtures

 Butylenes

 Chlorine

 Dimethylamine

 Ethyl Chloride

 Ethane

 Ethylene

 Ethylene Oxide

 Methane (LNG)

 Methyl Acetylene Propadiene mixture

 Methyl Bromide

 Methyl Chloride

 Propane

 Propylene

 Vinyl Chloride Monomer

 Anhydrous Hydrogen Chloride

 Anhydrous Hydrogen Fluoride

 Sulphur Dioxide

 4. Radioactive Substances

    Radioactive substances, including, but not limited to, elements and

compounds the isotopes of which are subject to the requirements of Section

835 of the Regulations for the Safe Transport of Radioactive Materials,

1973 Revised Edition. published by the International Atomic Energy Agency,

and which may be found to be stored or transported as substances and/or

materials in Type A packages, Type B packages, as fissile materials or

materials transported under special arrangements, such as

       |-------------------------------------|

       |    60    137     226    239    235  |

       |  Co  ,  Cs  ,  Ra   , Pu   , U    . |

       |-------------------------------------|