Protocol Relating To Intervention On The High Seas In Cases Of Marine Pollution By Substances Other Than Oil, 1973, As Amended (Intervention Prot. 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 29 November 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 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 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 bc 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 substances, 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 the 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 of 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 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 co 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 notification, 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 Parry 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.

 

Annex

to the 1973 Intervention Protocol

List of Substances

Appendix 1

Oil carried in bulk as listed

in Appendix I to Annex I of MARPOL 73/78 other than those covered

by the 1969 Intervention Convention

Asphalt solutions

Blending stocks

Roofers flux

Straight run residue

Oils

Clarified Road oil Transformer oil

Aromatic oil (excluding vegitable oil)

Mineral oil

Motor oil

Penetrating oil

Spindle oil

Turbine oil

Distillates

Straight run

Flashed feed stocks

Gas oil

Cracked

Naphtha

Solvent Petroleum

Heartcut distillate oil

Gasoline blending stocks

Alkylates-fuel

Reformates

Polymer-fuel

Gasolines

Casinghead (natural)

Automotive Aviation

Straight run

Fuel oil No.1 (Kerosene)

Fuel oil No.1-D

Fuel oil No.2

Fuel oil No.2-D

Jet fuels

JP-1 (Kerosene)

JP-3

JP-5 (Kerosene, heavy)

Turbo fuel

Kerosene

Mineral spirit

Appendix 2

Noxious liquid substances carried in bulk

Acetone cyanohydrin

Acrylonitrile

Alachlor technical (90% or more)

Alcohol (C6-C17)(secondary) poly(3-6)ethoxylates

Alcohol (C12-C15) poly(1-6) ethoxylates

Alcohol (C6-C17) (secondary) poly(7-12)

ethoxylates

Alcohol (C12-C15) poly(7-19) ethoxylates

Alkaryl polyethers (C9-C20)

Alkyl (C3-C4) benzenes

Alkyl (C5-C8) benzenes

Alkyl (C7-C9) nitrates

Alkyl acrylate-vinyl pyridine copolymer in toluene

Alkylbenzene, alkylindane, alkylindene mixture

(each C12-C17)

Allyl alcohol

Allyl chloride

Ammonium sulphide solution (45% or less)

Aniline

Benzene and mixtures having 10% benzene

or more

Benzyl chloride

Benzyl alcohol

Butene oligomer

Butyl butyrate (all isomers)

Butyl benzyl phthalate

Butyl acrylate (all isomers)

Butylamine (all isomers)

Butyraldehyde (all isomers)

Calcium alkyl (C9) phenol sulphide/ Polyolefin

phosphorosulphide mixture

Calcium hypochlorite solution (more than 15%)

Calcium long-chain alkyl phenate sulphide

(C8-C40)

Camphor oil

Carbolic oil

Carbon disulphide

Carbon tetrachloride

Chlorinated paraffins (C10-C13)

Chloroacetic acid (80% or less)

Chlorobenzene

o-Chloronitrobenzen

Chloroform

Chlorohydrins (crude)

2- or 3-Chloropropionic acid

m-Chlorotoluene

o-Chlorotoluene

p-Chlorotoluene

Chlorotoluenes (mixed isomers)

Coal tar

Coal tar naphtha solvent

Coal tar pitch (molten)

Cobalt naphthenate in solvent naphtha

Creosote (coal tar)

Creosote (wood)

Cresols (all isomers)

Cresylic acid, dephenolized

Cresylie acid, sodium salt solution

Crotonaldehyde

1,5,9-Cyclododecatriene

Cyclohexyl acetate

Cyclohexylamine

1,3-Cyclopentadiene dimer (molten)

Cyclopentene

Decanoic acid

Decene

Decyl acetate

Decyl alcohol (all isomers)

Decyl acrylate

Decyloxytetrahydro-thiophene dioxide

Di-n-hexyl adipate

Di-n-propylamine

Dibutyl phthalate

Dibutyl hydrogen phosphonate

Dibutylamine

Dichlorobenzene (all isomers)

Dichloroethyl ether

1,6-Dichlorohexane

2,4-Dichlorophenol

2,4-Dichlorophenoxyacetic acid, diethanolamine

	salt solution
2,4-Dichlorophenoxyacetic acid, dimethylamine
	salt solution (70% or less)
2,4-Dichlorophenoxyacetic acid, triisopropanola-
	mine salt solution

1,2-Dichloropropane

1,3-Dichloropropene

Dichloropropene/Dichloro- propane mixtures

Diethyl sulphate

Diethylamine

Diethylaminoethanol

Diethylbenzene

Diglycidyl ether of bisphenol F

Diglycidyl ether of bisphenol A

Diisobutyl phthalate

Diisobutylamine

Diisobutylene

Diisopropylamine

Diisopropylbenzene (all isomers)

Dimethyl octanoic acid

Dimethyl adipate

Dimethyl hydrogen phosphite

Dimethylamine solution (greater than 55% but not

	greater than 65%) Dimethylamine
	solution (greater than 45% but not greater
	than 55%) Dimethylamine solution (45%
	or less)

N,N-Dimethylcyclohexylamine

Dinitrotoluene (molten)

1,4-Dioxane

Diphenyl

Diphenyl ether

Diphenyl ether/Diphenyl phenyl ether mixture

Diphenyl/Diphenyl ether mixtures

Diphenylamine, reaction product with 2,2,4-

Trimethylpentene

Diphenylamines, alkylated

Diphenylmethane diisocyanate

Diphenylol propane

Diphenylol propane - epichlorohydrin resins

Dodecene (all isomers)

Dodecyl alcohol

Dodecyl diphenyl ether disulphonate solution

Dodecyl phenol

Dodecylamine/Tetradecylamine mixture

Dodecyldimethylamine/Tetradecyldimethylamine

mixture

Drilling brines (containing Zinc salts)

Epichlorohydrin

Ethyl acrylate

Ethylamine solutions (72% or less)

Ethylamine

Ethylbenzene

N-Ethylbutylamine

Ethylene dichloride

Ethylene dibromide

Ethylene chlorohydrin

Ethylene oxide/Propylene oxide mixture with an

	Ethylene oxide content of not more than
	30% in weight

Ethylene glycol methyl ether acetate

Ethylenediamine

2-Ethylhexyl acrylate

2-Ethylhexylamine

Etliylidene norbornene

o-Ethylphenol

2-Ethyl-3-propylacrolein

Ethyltoluene

Fluorosilicic acid (20-30%) in water solution

Formaldehyde solutions (45% or less)

Fumaric adduct of rosin, water dispersion

Furfural

Glycidyl ester of C10 trialkylacetic acid

Heptyl acetate

Hexamethylenediamine solution

Hexyl acetate

2-Hydroxyethyl acrylate

2-Hydroxy-4-(methylthio) butanoic acid

Isophorone diisocyanate

Isophoronediamine

Lactonitrile solution (80% or less)

Lauric acid

Liquid chemical wastes

Long chain polyetheramine in alkyl (C2-C4)

benzenes

Long chain polyetheramine in aromatic solvent

Long chain alkaryl polyether (C11-C20)

Magnesium long chain alkyl salicylate (C11+)

Mercaptobenzothiazol, sodium salt solution

Metam sodium solution

Methacrylic resin in Ethylene dichloride

Methyl acrylate

Methyl butyl ketone

2-Methyl-6-ethyl aniline

Methyl heptyl ketone

Methyl methacrylate

Methylcyclopentadiene dimer

Methyl naphthalene (molten)

3-Methylpyridine

Methyl salicylate

alpha-Methylstyrene

Motor fuel anti-knock compounds (containing lead

alkyls)

Naphthalene (molten)

Naphthenic acids

Neodecanoic acid

Nitrating acid (mixture of sulphuric and nitric acids)

Nitrobenzene

o-Nitrophenol (molten)

o- or p-Nitrotoluenes

Nonene (all isomers)

Nonyl phenol

Nonyl phenol poly(4-12) ethoxylates

Noxious liquid, N.F, (1) n.o.s. (trade name ...,

	contains ...) S.T.1, Cat.A*
Noxious liquid, F, (2) n.o.s. (trade name ...,
	contains ...) S.T.1, Cat.A*
Noxious liquid, N.F, (3) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.A*
Noxious liquid, F, (4) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.A*
Noxious liquid, N.F, (5) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.B*
Noxious liquid, N.F, (6) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.B*, mp
Noxious liquid, F, (7) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.B*
Noxious liquid, F, (8) n.o.s. (trade name ...,
	contains ...) S.T.2, Cat.B*, mp
Noxious liquid, N.F, (9) n.o.s. (trade name ...,
	contains ...) S.T.3, Cat.A*
Noxious liquid, F, (10) n.o.s. (trade name ...,
	contains ...) S.T.3, Cat.A*
Noxious liquid, N.F, (11) n.o.s. (trade name ...,
	contains ...) S.T.3, Cat.B*
Noxious liquid, N.F, (12) n.o.s. (trade name ...,
	contains ...) S.T.3, Cat.B*, mp
Noxious liquid, E, (13) n.o.s. (trade name ...,
	contains ...) S.T.3, Cat.B*
Noxious liquid, F, (14) n.o.s. (trade name ...,

Octene (all isomers)

Octyl aldehydes

Olefin mixtures (C5-C15)

alpha-Olefins (C6-C18) mixtures

Oleum

Oleylamine

Palm kernel acid oil

Pentachloroethane

Perchloroethylene

Phosphorus, yellow or white

Phthalic anhydride (molten)

alpha-Pinene

beta-Pinene

Poly(2+)cyclic aromatics

Polyethylene polyamines

Polyolefin amide alkeneamine (C28+)

Polyolefin amide alkeneamine borate (C28-C250)

Polyolefin amide alkeneamine polyol

Polyolefinamine in aromatic solvent

Polyolefinamine in alkyl (C2-C4) benzenes

Polyolefin ester (C28-C250)

beta-Propiolactone

Propionitrile

n-Propylamine

Propylbenzene (all isomers)

Propylene trimer

Propylene oxide

Propylene tetramer

Rosin soap (disproportionated) solution

Rosin

Sodium sulphide solution (15% or less)

Sodium dichromate solution (70% or less)

Sodium hydrogen sulphide (6% or less)/Sodium

	contains ...) S.T.3, Cat.B*, mp
	carbonate (3% or less) solution

Sodium hydrosulphide solution (45% or less)

Sodium hydrosulphide/Ammonium sulphide

solution

Sodium petroleum sulfonate

Sodium nitrite solution

Sodium thiocyanate solution (56% or less)

Styrene monomer

Sulpho hydrocarbon long chain (C 18+)

alkylamine mixture

Sulphuric acid

Sulphuric acid, spent

Tall oil (crude and distilled)

Tall oil fatty acid (resin acids less than 20%)

Tall oil soap (disproportionated) solution

Tall oil fatty acid, barium salt

Tetrachloroethane

Tetramethylbenzene (all isomers)

Toluene

Toluene diisocyanate

Toluenediamine

o-Toluidine

Tributyl phosphate

1,2,4-Trichlorobenzene

Trichloroethylene

Tricresyl phosphate (containing 1% or more

	ortho-isomer)
Tricresyl phosphate (containing less than 1%
	ortho-isomer)

Triethylamine

Triethylbenzene

Triethylenetetramine

Triethylphosphite

Triisopropylated phenyl phosphates

Trimethylamine solution (30% or less)

Trimethylbenzene (all isomers)

Trimethylhexarnethylene diisocyanate (2,2,4- and

2,4,4-isomers)

Trixylyl phosphate

Turpentine

Undecanoic acid

1-Undecene

Undecyl alcohol

Vinyl neodecanoate

Vinylidene chloride

Vinyltoluene

White spirit, low (15 -20%) aromatic

Xylenes

Xylenol

Zinc alkaryl dithiophosphate (C7-C 16)

Zinc alkyl dithiophosphate (C3-C14)

 

Appendix 3

Harmful substances in packaged form

Aldrin

Azinphos-ethyl

Azinphos-methyl

gamma-BHC

Binapacryl

Brodifacourn

Bromophos-ethyl

Cadmium compound

Camphechlor

Carbophenothion

Chlordane

Chlorinated paraffin(C10-C13)

Chlorophenolates, liquid

Chlorophenolates, solid

Chlorpyriphos

Chlorthiophos

Copper cyanide

Copper metal powder

Cournaphos

Cresyl. diphenylphosphate

Cupric cyanide

Cupric sulphate

1,5,9-cyclododecatriene

Cyhexatin

Cymenes (ortho-; meta-; para-)

Cymol

Cypermethrin

DDT

Dialifos

Diazinon

Dichlofenthion

Dichlorvos

Dieldrin

Dimethoate

Diphenylaminechloroarsine

Diphenylchloroarsine, liquid

Diphenylchloroarsine, solid

Dodecylphenol

Endosulfan

Endrin

EPN

Esfenvalerate

Ethion

Fenbutatin oxide

Fenitrothion

Fenpropathrin

Fenthion

Fentin acetate

Fentin hydroxide

Fonofos

Heptachlor

Hexachlorobutadiene

Hexachloro-1,3-butadiene

1,3-hexachlorobutadiene

Isopropyltoluene

Isopropyltoluol

Isoxathion

Lindane

Mercuric acetate

Mercuric ammonium chloride

Mercuric arsenate

Mercuric benzoate

Mercuric bisulphate

Mercuric bromide

Mercuric chloride

Mercuric cyanide

Mercuric gluconate

Mercuric nitrate

Mercuric oleate

Mercuric oxide

Mercuric oxycyanide, desensitized

Mercuric potassium cyanide

Mercuric sulphate

Mercuric thiocyanate

Mercurol

Mercurous acetate

Mercurous bisulphate

Mercurous bromide

Mercurous chloride

Mercurous nitrate

Mercurous salicylate

Mercurous sulphate

Mercury acetate

Mercury ammonium chloride

Mercury-based pesticide, liquid, flammable,

	toxic, flashpoint less than 23°C c.c.
Mercury-based pesticide, liquid, toxic
Mercury-based pesticide, liquid, toxic, flammable,
	flashpoint between 23°C and 61°C c.c.

Mercury-based pesticide, solid, toxic

Mercury benzoate

Mercury bichloride

Mercurv bisulphate

Mercury bromides

Mercury compound, liquid, n.o.s.

Mercury compound, solid, n.o.s.

Mercury(ii) (mercuric) compounds or Mercury(i)

(mercurous) compounds mercury cyanide

Mercury gluconate

Mercury nucleate

Mercury oleate

Mercury oxide

Mercury oxycyanide, desensitized

Mercury potassium cyanide

Mercury potassium iodide

Mercury salicylate

Mercury sulphate

Mercury thiocyanate

Methylpropylbenzenes

Mevinphos

Nickel carbonyl

Nickel cyanide

Nickel tetracarbonyl

Organotin compound, liquid, n.o.s.

Organotin compound, solid, n.o.s.

Organotin compounds

(pesticides)

Organotin pesticide, liquid, flammable, toxic,

flashpoint less than 23°C c.c.

Organotin pesticide, liquid, toxic

Organotin pesticide, liquid, toxic, flammable,

flashpoint between 23°C and 61°C c.c.

Organotin pesticide, solid, toxic

Osmium tetroxide

Parathion

Parathion-methyl

PCB's

Pentachlorophenol

Pentachlorophenol

Phenarsazine chloride

Phenthoate

Phenylmercuric acetate

Phenylmercuric compound, n.o.s.

Phenylmercuric hydrox-ide

Phenylmercuric ruitrate

Phorate

Phosalone

Phosphamidon

Phosphorus, white, dry

Phosphorus, white, molten

Phosphorus, white, under water

Phosphorus, yellow, dry

Phosphorus, yellow, molten

Phosphorus, yellow, under water

Polychlorinated biphenyls

Polyhalogenated biphenyls, liquid

Polylialogenated biphenyls, solid

Polylialogenated ter-phenyls, liquid

Polyhalogenated ter-phenyls, solid

Potassium cuprocyanide

Potassium cyanocuprate

Potassium cyanomercurate

Potassium mercuric iodide

Pyrazophos

Quizalofop

Quizalofop-p-ethyl

Sodium copper cyanide, solid

Sodium,copper cyanide, solution

Sodium cuprocyanide, solid

Sodium cuprocyanide, solution

Sodium pentachlorophenate

Sulprophos

White phosphorus, dry

White phosphorus, wet

Yellow phosphorus, dry

Yellow phosphorus, wet

Terbufbs

Tetrachlorvinphos

Appendix 4

Radioactive materials

Radioactive materials which are transported in type B package, or as fissile materials, or under special arrangements, as covered by the provisions of schedule 10 to 13 of class 7 of the International Maritime Dangerous Goods Code.

 

Appendix 5

Liquefied gases carried in bulk

Acetaldehyde

Anhydrous ammonia

Chlorine

Dimethylarnine

Ethyl chloride

Ethylene oxide

Hydrogen chloride, anhydrous

Hydrogen fluoride, anhydrous

Methyl bromide

Methyl Chloride

Sulphur dioxide

Vinyl chloride monomer