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II.7.80 (INTERVENTION PROT. 1973) PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL, 1973, AS AMENDED

The Ratification of Maritime Conventions

Chapter I.7.80

(INTERVENTION PROT. 1973) PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL, 1973, AS AMENDED

Note: The present text incorporates the original text as modified by the following amendment:

  Date of entry
  into force
—1991 (Annex) amendment adopted by res. MEPC.49(31) 24.07.1992
ADOPTED: Done at London, 2 November 1973
REFERENCE: INTERVENTION PROT 1973
ENTERED INTO FORCE: 30 March 1983
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

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 Organisation.

(2) Subject to paragraph 4, 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 shall be 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.

ENTRY INTO FORCE

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(1), 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.

DENUNCIATION

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 of denunciation 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.

AMENDMENTS OF ARTICLE II(a)

Article III

1. A 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 XVIII of the Protocol

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.

DECLARATIONS, RESERVATIONS AND STATEMENTS

Australia

The instrument of ratification of the Commonwealth of Australia was accompanied by the 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 recognized under customary international law.

In becoming a party to the Convention, 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 Convention.”

France

The instrument of accession of the French Republic contained the following reservation (in the French language):

[translation] “According to article 1 of the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, done at London on 2 November 1973, States Parties may take measures on the high seas following upon a maritime casualty only in the case of grave and imminent danger of pollution or threat of pollution which may reasonably be expected to result in major harmful consequences.

On the basis of the definition of type A packages, the French Government considers that radioactive substances that may be stored or carried as substances in type A packages cannot give rise to such a danger.

Accordingly, the French Government does not accept the application of the provisions of the Protocol to such packages.”

United Kingdom

The instrument of ratification of the Untied Kingdom of Great Britain and Northern Ireland contains the following declaration:

“ . . . reserving the right to extend the Protocol at a later date to any territory for whose international relations the Government of the United Kingdom is responsible and to which the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties has been extended in accordance with the provisions of article XIII, paragraph 1, thereof.”

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