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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
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