446 
"case-by-case" basis.*/ If it can be demonstrated that dredged material 
containing Annex I substances may be safely disposed through the use of- 
“special care" measures, then under the classification criteria it should 
be treated as under Annex II, and not Annex I, and should be allowed to be 
dumped under a special permit. This flexibility in applying the criteria 
appears evident in Contracting Parties' recognition that: the criteria 
should not be applied "rigidly" and that “... a degree of judgment is in- 
volved in applying these criteria, e.g., toxicity, bioaccumulation and per- 
sistence, for assigning materials to the Annexes,..." LDC IV/12/3, Annex 2, 
and LDC V/WP. 5/Add. 1, para. 4.6. 
Such case-by-case application of the classification criteria also finds 
support in the recent consideration and approval by Contracting Parties of 
"A Procedure and Methods of Approach for Preparing and Maintaining a List 
of Hazardous Substances.“ This list is intended to serve as a basis for 
inclusion of substances into Annexes I or II. LDC V/WP. 5 Add. 1, para. 
4.7, Annex 3, and LDC V/4, Annex 3. In the report of the last meeting of 
the Scientific Group some delegations noted that “... in the process of 
reviewing new scientific information in regard to substances already in An- 
nexes I or II, in theory it might also be possible that certain specific 
compounds could be withdrawn from the Annexes in the light of new scienti- 
fic information or increased experience. The group noted that changes in 
the status of substances presently in Annexes I or II could be handled 
procedurally by Consultative Meetings in the same manner as followed in the 
development of the list of hazardous substances." LDC V/4, para. 2.3.5. 
*/ This is the approach taken in the Interim Guidelines for determining 
"harmlessness" and "trace contaminants" under paragraphs 8 and 9. 
