3. PROTOCOL RELATING TO INTERVENTION ON THE 

 HIGH SEAS IN CASES OF MARINE POLLUTION BY 

 SUBSTANCES OTHER THAN OIL, NOVEMBER 2, 1973. 

 NOT IN FORCE'' 



Done at London November 2^ 1973; signed on lehalf of the United 



States March 7, 197I^. 



The Parties to the Present Protocol, 



Being parties to the International Convention relating to Interven- 

 tion on the High Seas in Cases of Oil Pollution Casualties, done at 

 Brussels on 29 NoA-ember 1969, f^] 



Taking into account the Eesolution 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 Eesolution, the 

 Inter- Governmental Maritime Consultative Organization has inten- 

 sified its work, in collaboration with all interested international orga- 

 nizations, 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 pollu- 

 tion or threat of pollution by substances other than oil following upon 

 a maritime casualty or acts related to such a casualty, which may rea- 

 sonably 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 estab- 

 lished by an appropriate body designated by the Organization 

 and which shall be aimexed 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 tinie 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. 



"Source: International Legal Materials, v. 13, no. 3, May 1974 : 605-610. 

 Ratified fty." No ratifications as of Dec. 31, 1974. 



1 For text, see ante p. 473. , ^ , ^ ^^, u„ 



2 A Marine Environment Protection Committee was established for this purpose by 

 LM.C.O. Resolution A.296(VIII). See post, p. 613. 



(484) 



