Subsection 3(1)

The States Parties to the present Convention,

CONSCIOUS of the need to protect the interests of their peoples against the grave consequences of a maritime casualty resulting in danger of oil pollution of sea and coastlines,

CONVINCED that under these circumstances measures of an exceptional character to protect such interests might be necessary on the high seas and that these measures do not affect the principle of freedom of the high seas,

HAVE AGREED as follows:

ARTICLE I

1. Parties to the present Convention 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 of the sea by 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. However, no measures shall be taken under the present Convention against any warship or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

ARTICLE II

For the purposes of the present Convention:

1. “maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo;

2. “ship” means:

3. “oil” means crude oil, fuel oil, diesel oil and lubricating oil;

4. “related interests” means the interests of a coastal State directly affected or threatened by the maritime casualty, such as:

5. “Organization” means the Inter-Governmental Maritime Consultative Organization.

ARTICLE III

When a coastal State is exercising the right to take measures in accordance with Article I, the following provisions shall apply:

ARTICLE IV

1. Under the supervision of the Organization, there shall be set up and maintained the list of experts contemplated by Article III of the present Convention, and the Organization shall make necessary and appropriate regulations in connexion therewith, including the determination of the required qualifications.

2. Nominations to the list may be made by Member States of the Organization and by Parties to this Convention. The experts shall be paid on the basis of services rendered by the States utilizing those services.

ARTICLE V

1. Measures taken by the coastal State in accordance with Article I shall be proportionate to the damage actual or threatened to it.

2. Such measures shall not go beyond what is reasonably necessary to achieve the end mentioned in Article I and shall cease as soon as that end has been achieved; they shall not unnecessarily interfere with the rights and interests of the flag State, third States and of any persons, physical or corporate, concerned.

3. In considering whether the measures are proportionate to the damage, account shall be taken of:

ARTICLE VI

Any Party which has taken measures in contravention of the provisions of the present Convention causing damage to others, shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in Article I.

ARTICLE VII

Except as specifically provided, nothing in the present Convention shall prejudice any otherwise applicable right, duty, privilege or immunity or deprive any of the Parties or any interested physical or corporate person of any remedy otherwise applicable.

ARTICLE VIII

1. Any controversy between the Parties as to whether measures taken under Article I were in contravention of the provisions of the present Convention, to whether compensation is obliged to be paid under Article VI, and to the amount of such compensation shall, if settlement by negotiation between the Parties involved or between the Party which took the measures and the physical or corporate claimants has not been possible, and if the Parties do not otherwise agree, be submitted upon request of any of the Parties concerned to conciliation or, if conciliation does not succeed, to arbitration, as set out in the Annex to the present Convention.

2. The Party which took the measures shall not be entitled to refuse a request for conciliation or arbitration under provisions of the preceding paragraph solely on the grounds that any remedies under municipal law in its own courts have not been exhausted.

ARTICLE IX

1. The present Convention shall remain open for signature until 31 December 1970 and shall thereafter remain open for accession.

2. States Members of the United Nations or any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice may become Parties to this Convention by:

ARTICLE X

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 Convention 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 those Parties shall be deemed to apply to the Convention as modified by the amendment.

ARTICLE XI

1. The present Convention shall enter into force on the ninetieth day following the date on which Governments of fifteen States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization.

2. For each State which subsequently ratifies, accepts, approves or accedes to it the present Convention shall come into force on the ninetieth day after deposit by such State of the appropriate instrument.

ARTICLE XII

1. The present Convention may be denounced by any Party at any time after the date on which the Convention comes into force for that State.

2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General of the Organization.

3. A 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.

ARTICLE XIII

1. The United Nations where it is the administering authority for a territory, or any State Party to the present Convention responsible for the international relations of a territory, shall as soon as possible consult with the appropriate authorities of such territories or take such other measures as may be appropriate, in order to extend the present Convention to that territory and may at any time by notification in writing to the Secretary-General of the Organization declare that the present Convention shall extend to such territory.

2. The present Convention shall, from the date of receipt of the notification or from such other date as may be specified in the notification, extend to the territory named therein.

3. The United Nations, or any Party which has made a declaration under paragraph 1 of this Article may at any time after the date on which the Convention has been so extended to any territory declare by notification in writing to the Secretary-General of the Organization that the present Convention shall cease to extend to any such territory named in the notification.

4. The present Convention shall cease to extend to any territory mentioned in such notification one year, or such longer period as may be specified therein, after the date of receipt of the notification by the Secretary-General of the Organization.

ARTICLE XIV

1. A Conference for the purpose of revising or amending the present Convention may be convened by the Organization.

2. The Organization shall convene a Conference of the States Parties to the present Convention for revising or amending the present Convention at the request of not less than one-third of the Parties.

ARTICLE XV

1. The present Convention shall be deposited with the Secretary-General of the Organization.

2. The Secretary-General of the Organization shall:

ARTICLE XVI

As soon as the present Convention comes into force, the text 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 XVII

The present Convention is established in a single copy in the English and French languages, both texts being equally authentic. Official translations in the Russian and Spanish languages shall be prepared and deposited with the signed original.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE at this twenty-ninth day of November 1969.

ANNEX

CHAPTER I

CONCILIATION

ARTICLE 1

Provided the Parties concerned do not decide otherwise, the procedure for conciliation shall be in accordance with the rules set out in this Chapter.

ARTICLE 2

1. A Conciliation Commission shall be established upon the request of one Party addressed to another in application of Article VIII of the Convention.

2. The request for conciliation submitted by a Party shall consist of a statement of the case together with any supporting documents.

3. If a procedure has been initiated between two Parties, any other Party the nationals or property of which have been affected by the same measures, or which is a coastal State having taken similar measures, may join in the conciliation procedure by giving written notice to the Parties which have originally initiated the procedure unless either of the latter Parties object to such joinder.

ARTICLE 3

1. The Conciliation Commission shall be composed of three members: one nominated by the coastal State which took the measures, one nominated by the State the nationals or property of which have been affected by those measures and a third, who shall preside over the Commission and shall be nominated by agreement between the two original members.

2. The Conciliators shall be selected from a list previously drawn up in accordance with the procedure set out in Article 4 below.

3. If within a period of 60 days from the date of receipt of the request for conciliation, the Party to which such request is made has not given notice to the other Party to the controversy of the nomination of the Conciliator for whose selection it is responsible, or if, within a period of 30 days from the date of nomination of the second of the members of the Commission to be designated by the Parties, the first two Conciliators have not been able to designate by common agreement the Chairmen of the Commission, the Secretary-General of the Organization shall upon request of either Party and within a period of 30 days, proceed to the required nomination. The members of the Commission thus nominated shall be selected from the list prescribed in the preceding paragraph.

4. In no case shall the Chairman of the Commission be or have been a national of one of the original Parties to the procedure, whatever the method of his nomination.

ARTICLE 4

1. The list prescribed in Article 3 above shall consist of qualified persons designated by the Parties and shall be kept up to date by the Organization. Each Party may designate for inclusion on the list four persons, who shall not necessarily be its nationals. The nominations shall be for periods of six years each and shall be renewable.

2. In the case of the decease or resignation of a person whose name appears on the list, the Party which nominated such person shall be permitted to nominate a replacement for the remainder of the term of office.

ARTICLE 5

1. Provided the Parties do not agree otherwise, the Conciliation Commission shall establish its own procedures, which shall in all cases permit a fair hearing. As regards examination, the Commission, unless it unanimously decides otherwise, shall conform with the provisions of Chapter III of The Hague Convention for the Peaceful Settlement of International Disputes of 18 October 1907.

2. The Parties shall be represented before the Conciliation Commission by agents whose duty shall be to act as intermediaries between the Parties and the Commission. Each of the Parties may seek also the assistance of advisers and experts nominated by it for this purpose and may request the hearing of all persons whose evidence the Party considers useful.

3. The Commission shall have the right to request explanations from agents, advisers and experts of the Parties as well as from any persons whom, with the consent of their Governments, it may deem useful to call.

ARTICLE 6

Provided the Parties do not agree otherwise, decisions of the Conciliation Commission shall be taken by a majority vote and the Commission shall not pronounce on the substance of the controversy unless all its members are present.

ARTICLE 7

The Parties shall facilitate the work of the Conciliation Commission and in particular, in accordance with their legislation, and using all means at their disposal:

ARTICLE 8

The task of the Conciliation Commission will be to clarify the matters under dispute, to assemble for this purpose all relevant information by means of examination or other means, and to endeavour to reconcile the Parties. After examining the case, the Commission shall communicate to the Parties a recommendation which appears to the Commission to be appropriate to the matter and shall fix a period of not more than 90 days within which the Parties are called upon to state whether or not they accept the recommendation.

ARTICLE 9

The recommendation shall be accompanied by a statement of reasons. If the recommendation does not represent in whole or in part the unanimous opinion of the Commission, any Conciliator shall be entitled to deliver a separate opinion.

ARTICLE 10

A conciliation shall be deemed unsuccessful if, 90 days after the Parties have been notified of the recommendation, either Party shall not have notified the other Party of its acceptance of the recommendation. Conciliation shall likewise be deemed unsuccessful if the Commission shall not have been established within the period prescribed in the third paragraph of Article 3 above, or provided the Parties have not agreed otherwise, if the Commission shall not have issued its recommendation within one year from the date on which the Chairman of the Commission was nominated.

ARTICLE 11

1. Each member of the Commission shall receive remuneration for his work, such remuneration to be fixed by agreement between the Parties which shall each contribute an equal proportion.

2. Contributions for miscellaneous expenditure incurred by the work of the Commission shall be apportioned in the same manner.

ARTICLE 12

The parties to the controversy may at any time during the conciliation procedure decide in agreement to have recourse to a different procedure for settlement of disputes.

CHAPTER II

ARBITRATION

ARTICLE 13

1. Arbitration procedure, unless the Parties decide otherwise, shall be in accordance with the rules set out in this Chapter.

2. Where conciliation is unsuccessful, a request for arbitration may only be made within a period of 180 days following the failure of conciliation.

ARTICLE 14

The Arbitration Tribunal shall consist of three members: one Arbitrator nominated by the coastal State which took the measures, one Arbitrator nominated by the State the nationals or property of which have been affected by those measures, and another Arbitrator who shall be nominated by agreement between the two first-named, and shall act as its Chairman.

ARTICLE 15

1. If, at the end of a period of 60 days from the nomination of the second Arbitrator, the Chairman of the Tribunal shall not have been nominated, the Secretary-General of the Organization upon request of either Party shall within a further period of 60 days proceed to such nomination, selecting from a list of qualified persons previously drawn up in accordance with the provisions of Article 4 above. This list shall be separate from the list of experts prescribed in Article IV of the Convention and from the list of Conciliators prescribed in Article 4 of the present Annex; the name of the same person may, however, appear both on the list of Conciliators and on the list of Arbitrators. A person who has acted as Conciliator in a dispute may not, however, be chosen to act as Arbitrator in the same matter.

2. If, within a period of 60 days from the date of the receipt of the request, one of the Parties shall not have nominated the member of the Tribunal for whose designation it is responsible, the other Party may directly inform the Secretary-General of the Organization who shall nominate the Chairman of the Tribunal within a period of 60 days, selecting him from the list prescribed in paragraph 1 of the present Article.

3. The Chairman of the Tribunal shall, upon nomination, request the Party which has not provided an Arbitrator, to do so in the same manner and under the same conditions. If the Party does not make the required nomination, the Chairman of the Tribunal shall request the Secretary-General of the Organization to make the nomination in the form and conditions prescribed in the preceding paragraph.

4. The Chairman of the Tribunal, if nominated under the provisions of the present Article, shall not be or have been a national of one of the Parties concerned, except with the consent of the other Party or Parties.

5. In the case of the decease or default of an Arbitrator for whose nomination one of the Parties is responsible, the said Party shall nominate a replacement within a period of 60 days from the date of decease or default. Should the said Party not make the nomination, the arbitration shall proceed under the remaining Arbitrators. In the case of decease or default of the Chairman of the Tribunal, a replacement shall be nominated in accordance with the provisions of Article 14 above, or in the absence of agreement between the members of the Tribunal within a period of 60 days of the decease or default, according to the provisions of the present Article.

ARTICLE 16

If a procedure has been initiated between two Parties, any other Party, the nationals or property of which have been affected by the same measures or which is a coastal State having taken similar measures, may join in the arbitration procedure by giving written notice to the Parties which have originally initiated the procedure unless either of the latter Parties object to such joinder.

ARTICLE 17

Any Arbitration Tribunal established under the provisions of the present Annex shall decide its own rules of procedure.

ARTICLE 18

1. Decisions of the Tribunal both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote of its members; the absence or abstention of one of the members of the Tribunal for whose nomination the Parties were responsible shall not constitute an impediment to the Tribunal reaching a decision. In cases of equal voting, the Chairman shall cast the deciding vote.

2. The Parties shall facilitate the work of the Tribunal and in particular, in accordance with their legislation, and using all means at their disposal:

3. Absence or default of one Party shall not constitute an impediment to the procedure.

ARTICLE 19

1. The award of the Tribunal shall be accompanied by a statement of reasons. It shall be final and without appeal. The Parties shall immediately comply with the award.

2. Any controversy which may arise between the Parties as regards interpretation and execution of the award may be submitted by either Party for judgment to the Tribunal which made the award, or, if it is not available, to another Tribunal constituted for this purpose in the same manner as the original Tribunal.

Subsection 3(1)

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 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 be expected to result in major harmful consequences.

2. “Substances other than oil” as referred to in paragraph 1 shall be:

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:

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 PARAGRAPH 2 (a) OF ARTICLE I

1. Oil (when carried in bulk)

Asphalt Solutions

Blending Stocks

Roofers Flux

Straight Run Residue

Oil

Clarified

Mixtures containing Crude Oil

Road Oil

Aromatic Oil (excluding vegetable oil)

Blending Stocks

Mineral Oil

Penetrating Oil

Spindle Oil

Turbine Oil

Distillates

Straight Run

Flashed Feed Stocks

Gas Oil

Cracked

Gasoline Blending Stocks

Alkylates—fuel

Reformates

Polymer—fuel

Gasolines

Casinghead (natural)

Automotive

Aviation

Straight Run

Jet Fuels

JP-1 (Kerosene)

JP-3

JP-4

JP-5 (Kerosene, heavy)

Turbo Fuel

Mineral Spirit

Naphtha

Solvent

Petroleum

Heartcut Distillate Oil

2. Noxious Substances

Acetic anhydride

Acetone

Acetone cyanohydrin

Acrolein

Acrylonitrile

Aldrin

Allyl isothiocyanate

Aluminium phosphide

Ammonia (28% aqueous)

Ammonium phosphate

Amyl mercaptan

Aniline

Aniline hydrochloride

Antimony compounds

Arsenic compounds

Atrazine

Azinphos methyl (Guthion)

Barium azide

Barium cyanide

Barium oxide

Benzene

Benzenehexachloride isomers (Lindane)

Benzidine

Beryllium powder

Bromine

Bromobenzyl cyanide

n-Butyl acrylate

Butyric acid

Cacodylic acid

Cadmium compounds

Carbaryl (Sevin)

Carbon disulphide

Carbontetrachloride

Chlorodane

Chloroacetone

Chloroacetophenone

Chlorodinitrobenzene

Chloroform

Chlorohydrins (crude)

Chloropicrin

Chromic acid (Chromium trioxide)

Cocculus (solid)

Copper compounds

Cresols

Cupriethylene diamine

Cyanide compounds

Cyanogen bromide

Cyanogen chloride

DDT

Dichloroanilines

Dichlorobenzenes

Dieldrin

Dimethoate (Cygon)

Dimethyl amine (40% aqueous)

Dinitroanilines

4, 6-Dinitroorthocresol

Dinitrophenols

Endosulphan (Thiodan)

Endrin

Epichlorohydrin

Ethyl bromoacetate

Ethylene chlorohydrin (2-Chloro-ethanol)

Ethylene dichloride

Ethyl parathion

Fentin acetate (dry)

Fluosilicic acid

Heptachlor

Hexachlorobenzene

Hexaethyl tetraphosphate

Hydrocyanic acid

Hydrofluoric acid (40% aqueous)

Isoprene

Lead compounds

Lindane (Gammexane, BHC)

Malathion

Mercuric compounds

Methyl alcohol

Methylene chloride

Molasses

Naphthalene (molten)

Naphthylthiourea

Nitric acid (90%)

Oleum

Parathion

Paraquat

Phenol

Phosphoric acid

Phosphorus (elemental)

Polyhalogenated biphenyls

Sodium pentachlorophenate (solution)

Styrene monomer

Toluene

Toluene diisocyanate

Toxaphene

Tritolyl phosphate (Tricresyl phosphate)

2, 4, 5-T

3. Liquefied Gases (when carried in bulk)

Acetaldehyde

Anhydrous Ammonia

Butadiene

Butane

Butane/Propane Mixtures

Butylenes

Chlorine

Dimethylamine

Ethyl Chloride

Ethane

Ethylene

Ethylene Oxide

Methane (LNG)

Methyl Acetylene Propadiene mixture

Methyl Bromide

Methyl Chloride

Propane

Propylene

Vinyl Chloride Monomer

Anhydrous Hydrogen Chloride

Anhydrous Hydrogen Fluoride

Dioxide

4. Radioactive Substances

Radioactive substances, including, but not limited to, elements and compounds the isotopes of which are subject to the requirements of Section 835 of the Regulations for the Safe Transport of Radioactive Materials, 1973 Revised Edition, published by the International Atomic Energy Agency, and which may be found to be stored or transported as substances and/or materials in Type A packages, Type B packages, as fissile materials or materials transported under special arrangements, such as

60_Co, 137_Cs, 226_Ra, 239_Pu, 235_U.

Subsection 3 (1)

adopted on 4 July 1991

REVISION OF THE LIST OF SUBSTANCES TO BE ANNEXED TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF MARINE POLLUTION BY SUBSTANCES OTHER THAN OIL

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, 1973, (the 1973 Protocol),

NOTING FURTHER Resolution A.296 (VIII) by which the Assembly designated the Committee as the appropriate body referred to in articles I and III of the above-mentioned Protocol,

RECALLING Resolution MEPC.1 (II) by which the Committee established on 21 November 1974 a list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil, in accordance with Resolution 26 of the International Conference on Marine Pollution, 1973, and Resolution A.296 (VIII),

HAVING CONSIDERED proposals by governments for revising the list,

HAVING taken account of scientific advice provided by the Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP) with regard to evaluation of the hazards of harmful substances in the marine environment and by the International Atomic Energy Agency in respect of radioactive materials,

HAVING taken account of technical advice provided by the Sub-Committee on Bulk Chemicals and by the Sub-Committee on the Carriage of Dangerous Goods,

1. ADOPTS by the required two-thirds majority of the Parties to the 1973 Protocol present and voting in the Committee the amended list which appears in the Annex to this Resolution;

2. REQUESTS the Secretary-General to communicate the amended list to all Parties to the 1973 Protocol in accordance with article III, paragraph 5, for acceptance, and to inform them that the amended list shall be deemed to have been accepted at the end of the period of six months after it has been communicated, unless within that period an objection to these amendments has been communicated to the Organization by not less than one third of the Parties, and that the amended list shall enter into force three months after it has been deemed to have been accepted;

3. REQUESTS FURTHER the Secretary-General to annex copies thereof to the authentic text of the Protocol in accordance with article I, paragraph 2 (a), once the amended list has been accepted in accordance with article III, paragraph 6, to replace the existing list;

4. DECIDES that the list should be kept under review, in consultation and co-operation with competent international organizations, in particular the International Atomic Energy Agency in respect of radioactive materials.

ANNEX

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

Appendix 2

Noxious liquid substances carried in bulk

Acetone cyanohydrin

Acetic anhydride

Acrylonitrile

Alcohol (C12-C15) poly (1-3) ethoxylates

Alcohol (C12-C15) poly (3-11) ethoxylates

Alcohol (C6-C17) (secondary) poly (3-6) ethoxylates

Alcohol (C6-C17) (secondary) poly (7-12) ethoxylates

Allyl alcohol

Allyl chloride

Ammonium sulphide solution (45% or less)

Aniline

Benzene and mixtures having 10% benzene or more

Benzyl chloride

Butene oligomer

n-Butyl acrylate

Butylbenzenes (all isomers)

Butyl benzyl phthalate

n-Butyraldehyde

Calcium hypochlorite solution (more than 15%)

Calcium naphthenate in mineral oil

Camphor oil

Carbolic oil

Carbon disulphide

Carbon tetrachloride

Chlorinated paraffins (C10-C13)

Chlorobenzene

Chloroform

o-Chloronitrobenzene

m-Chlorotoluene

o-Chlorotoluene

p-Chlorotoluene

Chlorotoluenes (mixed isomers)

Coal tar

Coal tar naphtha solvent

Cobalt naphthenate in solvent naphtha

Creosote (coal tar)

Creosote (wood)

Cresols (all isomers)

Cresylic acid, sodium salt solution

Crotonaldehyde

Cyclohexyl acetate

1,3-Cyclopentadiene dimer (molten)

Cyclopentene

Decene

Decyl acrylate

Decyl alcohol (all isomers)

Dibutyl phthalate

Dichlorobenzenes (all isomers)

1,1-Dichloroethane

Dichloroethyl ether

1,6-Dichlorohexene

2,4-Dichlorophenol

2,4-Dichlorophenoxyacetic acid, diethanolamine salt solution

2,4-Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less)

2,4-Dichlorophenoxyacetic acid, triisopropanolamine salt solution

1,1-Dichloropropane

1,2-Dichloropropane

1,3-Dichloropropane

1,3-Dichloropropene

Dichloropropene/Dichloropropane mixtures

Diethyl sulphate

Diglycidyl ether of bisphenol A

Diglycidyl ether of bisphenol F

Di-n-hexyl adipate

Diisobutylene

Diisobutyl phthalate

Diisopropylbenzene (all isomers)

Dimethyl adipate

Dimethylamine solution (45% or less)

Dimethylamine solution (greater than 45% but not greater than 55%)

Dimethylamine solution (greater than 55% but not greater than 65%)

Dinitrotoluene (molten)

Diphenyl

Diphenyl/Diphenyl ether mixtures

Diphenyl ether

Diphenyl ether/Diphenyl phenyl ether mixture

Diphenylmethane diisocyanate

Diphenylol propane-epichlorohydrin resins

Dodecene (all isomers)

Dodecyl alcohol

Dodecyl diphenyl ether disulphonate solution

Dodecyl phenol

Drilling brines, containing Zinc salts

Epichlorohydrin

Ethyl acrylate

Ethylene chlorohydrin

Ethylene dibromide

Ethylene dichloride

2-Ethylhexyl acrylate

2-Ethylhexylamine

Ethylidene norbornene

o-Ethylphenol

2-Ethyl-3-propylacrolein

Ethyltoluene

Fluorosilicic acid

Fumaric adduct of rosin, water dispersion

Glycidyl ester of C10 trialkylacetic acid

Heptyl acetate

Hexyl acetate

2-Hydroxyethyl acrylate

Isobutyl acrylate

Isophorone diisocyanate

Isopropylbenzene

Lactonitrile solution (80% or less)

Lauric acid

Mercaptobenzothiazol, sodium salt solution

Metam sodium solution

Methacrylic resin in 1,2-Dichloroethane solution

Methacrylonitrile

Methyl acrylate

Methylcyclopentadiene dimer

2-Methyl-5-ethyl pyridine

Methyl heptyl ketone

Methylnaphthalene

2-Methylpyridine

4-Methylpyridine

N-Methyl-2-pyrrolidone

Methyl salicylate

alpha-Methylstyrene

Motor fuel anti-knock compounds

Naphthalene (molten)

Naphthenic acids

Nitrobenzene

o-Nitrophenol (molten)

Nonene

Nonylphenol

Nonylphenol poly (4-12) ethoxylates

Octane (all isomers)

Octene (all isomers)

Octyl aldehydes

Octyl nitrates (all isomers)

Olefin mixtures (C5-C15)

Oleum

alpha-Olefins (C6-C18) mixtures

Pentachloroethane

Perchloroethylene

Phenol

Phosphorus, yellow or white

Pinene

n-Propyl chloride

Propylene tetramer

Propylene trimer

Rosin

Rosin soap (disproportionated) solution

Sodium hydrosulphide/Ammonium sulphide solution

Sodium hydrosulphide solution (45% or less)

Sodium sulphide solution

Sodium nitrite solution

Sodium thiocyanate solution (56% or less)

Styrene monomer

Tall oil (crude and distilled)

Tall oil soap (disproportionated) solution

Tetrachloroethane

Toluene

Toluene diisocyanate

Tributyl phosphate

1,2,4-Trichlorobenzene

1,1,1-Trichloroethane

1,1,2-Trichloroethane

Trichloroethylene

1,2,3-Trichloropropane

Tricresyl phosphate (containing less than 1% ortho-isomer)

Tricresyl phosphate (containing 1% or more ortho-isomer)

Triethylbenzene

Trimethyl benzenes (all isomers)

Trimethylhexamethylene diisocyanate (2,2,4-and 2,4,4-isomers)

Trixylyl phosphate

Turpentine

1-Undecene

Undecyl alcohol

Vinylidene chloride

Vinyl neodecanoate

Vinyltoluene

White spirit, low (15-20%) aromatic

Xylenol

Appendix 3

Harmful substances carried in packaged form

Substances

Binapacryl

Cadmium compounds, except Cadmium selenide and Cadmium sulphide

Chlorined paraffins (C10-C13)

Chlorophenates

Copper cyanide

Coumarin derivative pesticides as follows:

Brodifacoum

Coumaphos

Cresyl diphenyl phosphate

Cypermethrin

Diphenylamine chloroarsine

Diphenylchloroarsine

Dodecylphenol

Ethyldichloroarsine

Fenpropathrin

Hexachlorobutadiene

Mercuric arsenate

Mercuric chloride

Mercuric nitrate

Mercuric potassium cyanide

Mercurous nitrate

Mercury acetates

Mercury ammonium chloride

Mercury based pesticides

Mercury benzoate

Mercury bromides

Mercury compounds except Mercuric sulphide and Mercury iodide

Mercury cyanide

Mercury gluconate

Mercury nucleate

Mercury oleate

Mercury oxide

Mercury oxycyanide desensitized

Mercury potassium iodide

Mercury salicylate

Mercury sulphates

Mercury thiocyanate

Nickel cyanide

Nickel carbonyl

Organochlorine pesticides as follows:

Aldrin

Camphechlor

Chlordane

DDT

Dieldrin

Endosulfan

Endrin

Heptachlor

Lindane (gamma-BCH)

Organophosphorus pesticides as follows:

Azinphos-methyl

Azinphos-ethyl

Bromophos-ethyl

Carbophenothion

Chlorpyriphos

Chlorthiophos

Dialifos

Diazinon

Dichlofenthion

Dichlorvos

Dimethoate

EPN Ethion

Fenitrothion

Fenthion

Fonofos

Isoxathion

Mevinphos

Parathion

Parathion-methyl

Pirimiphos ethyl

Phenthoate

Phorate

Phosalone

Phosphamidon

Pyrazophos

Sulprophos

Terbufos

Organotin compounds

Organotin pesticides

Osmium tetroxide

Pentachlorophenol

Phenylmercuric acetate

Phenylmercuric compounds

Phenylmercuric nitrate

Phosphorus, white or yellow

Polychlorinated biphenyls or terphenyls

Polyhalogenated biphenyls or terphenyls

Potassium cuprocyanide

Silver arsenite

Sodium cuprocyanide

Sodium pentachlorophenate

Triaryl phosphates

Tricresyl phosphates, more than 1% ortho-isomer

Zinc cyanide

Appendix 4

Radioactive materials

Radioactive materials which are transported in type B packages, or as fissile materials, or under special arrangement, as covered by the provisions of schedules 10 to 13 of class 7 of the International Maritime Dangerous Goods Code.

Appendix 5

Liquefied gases carried in bulk

Acetaldehyde

Anhydrous Ammonia

Chlorine

Dimethylamine

Ethyl chloride

Ethylene oxide

Hydrogen chloride, anhydrous

Hydrogen fluoride, anhydrous

Methyl bromide

Methyl chloride

dioxide

Vinyl chloride monomer

Note: See subsection 3(1).

REVISION OF THE ANNEX (LIST OF SUBSTANCES) TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL OF 2 NOVEMBER 1973

THE MARINE ENVIRONMENT PROTECTION COMMITTEE,

NOTING Resolution 26 of the International Conference on Marine Pollution, 1973 which requested the appropriate body designated by the Organization to establish, not later than 30 November 1974, the list of substances to be annexed to the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, 1973 (the 1973 Intervention Protocol),

NOTING FURTHER Resolution A.296(VIII) by which the Assembly designated the Committee as the appropriate body referred to in Articles I and III of the above-mentioned Protocol,

RECALLING Resolution MEPC.49(31) by which the Committee adopted on 4 July 1991 an amended list to replace the original list annexed to the Protocol,

RECALLING FURTHER that it had approved, at its thirty-fifth session, the Criteria for the Selection of Substances for Inclusion in the Annex to the 1973 Intervention Protocol,

NOTING ALSO that the 1992 amendments to the IBC Code and Amendment 27 of the IMDG Code had entered into force,

HAVING CONSIDERED the proposed amendments to Appendix 2, noxious liquid substances carried in bulk, and Appendix 3, harmful substances carried in packaged form, prepared by the Secretariat in accordance with the above-mentioned criteria and taking into account the recent amendments to the IBC and IMDG Codes,

1. ADOPTS, by the required two-thirds majority of the Parties to the 1973 Intervention Protocol present and voting in the Committee, the amended list which appears in the Annex to this Resolution;

2. REQUESTS the Secretary-General to communicate the amended list to all Parties to the 1973 Intervention Protocol in accordance with Article III, paragraph 5, for acceptance, and to inform them that the amended list shall be deemed to have been accepted at the end of the period of six months after it has been communicated, unless within that period an objection to these amendments has been communicated to the Organization by not less than one third of the Parties, and that the amended list shall enter into force three months after it has been deemed to have been accepted; and

3. REQUESTS FURTHER the Secretary-General to annex copies thereof to the authentic text of the Protocol in accordance with Article I, paragraph 2(a), once the amended list has been accepted in accordance with Article III, paragraph 6, to replace the existing list.

ANNEX

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 vegetable 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

Acylonitrile

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-Chloronitrobenzene

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

Cresylic 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, triisopropanolamine 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

Dodocene (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

Ethylidene 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, F, (13) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*

Noxious liquid, F, (14) n.o.s. (trade name ..., contains ... ) S.T.3, Cat.B*, mp

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 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 (C18+) 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)

Trimethylhexamethylene 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-C16)

Zinc alkyl dithiophosphate (C3-C14)

APPENDIX 3

HARMFUL SUBSTANCES IN PACKAGED FORM

Aldrin

Azinphos-ethyl

Azinphos-methyl

gamma-BHC

Binapacryl

Brodifacoum

Bromophos-ethyl

Cadmium compound

Camphechlor

Carbophenothion

Chlordane

Chlorinated paraffin (C10-C13)

Chlorophenolates, liquid

Chlorophenolates, solid

Chlorpyriphos

Chlorthiophos

Copper cyanide

Copper metal powder

Coumaphos

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 23deg.C c.c.

Mercury-based pesticide, liquid, toxic

Mercury-based pesticide, liquid, toxic, flammable, flashpoint between 23deg.C and 61deg.C c.c.

Mercury-based pesticide, solid, toxic

Mercury benzoate

Mercury bichloride

Mercury 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 23deg.C c.c.

Organotin pesticide, liquid, toxic

Organotin pesticide, liquid, toxic, flammable, flashpoint between 23deg.C and 61deg.C c.c.

Organotin pesticide, solid, toxic

Osmium tetroxide

Parathion

Parathion-methyl

PCB’s

Pentachlorophenol

Phenarsazine chloride

Phenthoate

Phenylmercuric acetate

Phenylmercuric compound, n.o.s.

Phenylmercuric hydroxide

Phenylmercuric nitrate

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

Polyhalogenated biphenyls, solid

Polyhalogenated 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

Terbufos

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

Dimethylamine

Ethyl chloride

Ethylene oxide

Hydrogen chloride, anhydrous

Hydrogen fluoride, anhydrous

Methyl bromide

Methyl chloride

dioxide

Vinyl chloride monomer

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph 17(2)(a)

Kind of editorial change

Correct a typographical error

Details of editorial change

Paragraph 17(2)(a) refers to “body coporate” rather than “body corporate”.

This compilation was editorially changed to omit “coporate” and substitute “corporate” to correct the typographical error.