Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil

Protocol Relating to Intervention on the High Seas  
in Cases of Pollution by Substances other than Oil 

(London, 2 November 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, l969, 

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 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  
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 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 

List of Substances Established by the Marine Environment  
Protection Committee of the Organization in Accordance  
with Parahraph 2 (a) of Article I 

omissis.