Resolution
MEPC.100(48)
REVISION OF THE LIST OF SUBSTANCES ANNEXED TO THE PROTOCOL RELATING TO THE
INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN
OIL, 1973
(Adopted
on 11 October 2002)
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
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 Marine
Environment Protection Committee (the Committee) as the appropriate body
referred to in articles I and III of the 1973 Intervention Protocol,
RECALLING
resolutions MEPC.49(31) and MEPC.72(38) by which the Committee adopted on 4
July 1991 and on 10 July 1996 respectively an amended list to replace the
original list annexed to the 1973 Intervention Protocol,
RECALLING
FURTHER that the Committee, at its forty-seventh session, had agreed with the
restructuring of the Annex as the preferable means of identifying products
subject to the 1973 Intervention Protocol in order to keep the list of
substances current with changes in other relevant instruments,
HAVING
CONSIDERED the proposed amendments to the Annex to the 1973 Intervention
Protocol, which were approved by the forty-seventh session of the Committee and
circulated in accordance with paragraph 2 of article III of the 1973
Intervention Protocol,
1.
ADOPTS, by the required two-thirds majority of the Parties to the 1973
Intervention Protocol present and voting, the amended list of substances
annexed to the Protocol, the text of which is set out at Annex to the present
resolution;
2.
REQUESTS the Secretary-General, in accordance with paragraph 5 of article III
of the 1973 Intervention Protocol, to communicate the amendments to all Parties
to the Protocol, for acceptance, and to inform them that the amendments shall
be deemed to have been accepted at the end of the period of six months after
they have 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 to the Protocol;
3.
INVITES the Parties to note that, in accordance with paragraph 7 of article III
of the 1973 Intervention Protocol, the amendments shall enter into force three
months after they have been deemed to have been accepted in accordance with
paragraph 2 above; and
4.
REQUESTS FURTHER the Secretary-General to annex the amended list to the 1973
Intervention Protocol in accordance with paragraph 2(a) of article I of the
Protocol, once the amendments have entered into force, to replace the existing
list of substances.
Annex.
LIST OF SUBSTANCES REFERRED TO IN PARAGRAPH 2(a) OF ARTICLE I OF THE 1973
INTERVENTION PROTOCOL
Any
of the following products are subject to the 1973 Intervention Protocol if they
are either carried on board a ship as cargo or are residues of such products
previously carried:
1.
Oils, as defined in Annex I to the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78), as amended, when carried in bulk, including those
listed in Appendix I with the exception of crude oil, fuel oil, diesel oil and
lubricating oil which are covered by the 1969 Intervention Convention;
2.
Noxious Liquid Substances, as defined in Annex II to MARPOL 73/78, as amended,
when carried in bulk, and identified:
.1 as Pollution Category A
or B, in:
.1 Chapter 17 of the
International Bulk Chemical Code (IBC Code); or
.2 Lists 1 to 4 of
MEPC.2/Circulars, issued annually in December; or
.2 in the composite list of
GESAMP Hazard Profiles, issued periodically as BLG Circulars, with either:
.1 a "2" in column
B and 'XX' in column E; or
.2 "XXX" in column
E;
.3 Harmful substances, in
packaged form, as defined in Annex