Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, 1973

(London, 2 November 1973)

Entry into force generally: 30 March 1983

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 29 November 1969,[1]

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 Inter-Governmental Maritime Consultative Organization has intensified its work, in collaboration with all interested international organizations, on all aspects of pollution by substances other than oil,

HAVE AGREED as follows:

Article 1

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 15 January 1974 until 31 December 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 Organizations.[2]

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.[3]

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.[4]

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 XII of that Convention.

Article VIII

1. A conference for the purpose of revising or amending the present Protocol may be convened by the Organization.

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 Secretariat 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.

DONE AT LONDON this second day of November one thousand nine hundred and seventy-three.

[Signatures not reproduced here.]

ANNEX

LIST OF SUBSTANCES ESTABLISHED BY THE MARINE ENVIRONMENT PROTECTION 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

Alkylates - fuel

Reformates

Polymer - fuel

Gasolines

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

⁶⁰Co, ¹³⁷Cs, ²²⁶Ra, ²³⁹Pu, ²³⁵U.

[1] ATS 1984 No 4; UKTS 1975 No. 77; Cmnd. 6056.

[2] Instrument of accession deposited for Australia 7 November 1983, with following declaration:

"Australia recalls the statement made by the Australian Delegation to the International Conference on Marine Pollution 1973 which was in the following terms:

" ... Australia believes that no coastal State would refrain from taking whatever action was necessary to protect areas under its jurisdiction from serious environmental damage and it believes that this right of a coastal State to intervene on the high seas to protect areas under its jurisdiction is recognised under customary international law."

In becoming a party to the Protocol, Australia declares that it believes that it may still take action to protect areas and resources under its jurisdiction which is permitted under customary international law and which is consistent with the Protocol."

[3] The Protocol entered into force generally 30 March 1983.

[4] The Protocol entered into force for Australia 5 February 1984.