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Decree No. 6478 Of June 9, 2008

Original Language Title: Decreto nº 6.478, de 9 de Junho de 2008

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DECREE NO 6,478, DE June 9, 2008.

Promulga the International Convention on Intervention in High-Mar in Cases of Pollution Pollution by Oil, made in Brussels, on November 29, 1969, and the Protocol on Intervention in Upper-Mar in Cases of Pollution by Substances Other than Oil, made in London, on November 2, 1973.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, through the Legislative Decree no 305, of 26 million October 2007, the text of the International Convention on Intervention in Upper-Sea Accidents With Oil Pollution by Oil, made in Brussels on November 29, 1969, and of the Protocol on Intervention in Upper-Mar in Pollution Cases by Substances Others other than Oil, made in London, on November 2, 1973 ;

Considering that the Brazilian Government has deposited the instrument of ratification of the said diplomas on January 18, 2008 ;

DECRETA:

Art. 1st International Convention on Intervention in High-Mar in Accidents Cases with Oil Pollution and the Protocol on Intervention in Upper-Mar in Pollution Cases by Substances Other than Oil, attached by copy to this Decree, shall be executed and fulfilled as entirely as in them.

Art. 2nd They are subject to approval by the National Congress any acts that may result in revision of the said diplomas or entailing charges or commitments to the national heritage, in accordance with the art. 49, inciso I, of the Constitution.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, June 9, 2008 ; 187º of the Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Samuel Pinheiro Guimarães Neto

This text does not replace the published in the DOU of 6/10/2008

INTERNATIONAL CONVENTION ON THE INTERVENTION IN HIGH-MAR EM

CASES OF ACCIDENTS WITH OIL POLLUTION, DE 1969

States Parties to this Convention,

Conscious of the need to protect the interests of their populations against severe consequences of a maritime accident that results in danger of sea and seaside pollution by oil,

Convinced that under such circumstances, measures of exceptional character could be needed in high seas in order to protect their interests, and that these measures do not affect the principle of freedom of the high seas,

Agree with the following:

Article I

1.As Parties to this Convention may take, on the high seas, the measures necessary to prevent, mitigating or eliminating the serious and imminent danger of pollution or threat of pollution of sea waters by oil, to its coasts or related interests, resulting from a maritime accident or actions related to such an accident, susceptible, second all indicate, of having serious harmful consequences.

2.Todavia, no measure shall be taken, by virtue of this Convention, against warships or ships belonging to a State or by it operated and intended, at the time considered, only to a non-commercial governmental service.

Article II

For the purposes of this Convention:

1.A expression?sea accident? is understood to be collision, encalhe or other navigation accident, or other occurrence on board or off the ship, which results in damage of material or imminent threat of material damage to a ship or its cargo ;

2.Por?ship? if you understand:

a) every maritime vessel of any kind, and

b) all floating engineer, except for facilities or other devices used for exploitation from the bottom of the seas, the oceans and their subsoils or the harnessing of their resources ;

3.Por?oil? is understood: crude oil, fuel oil, diesel oil, and lubricating oil.

4.Por?related interests? whether you understand the interests of a coastal state, directly affected or threatened by a maritime accident, in what you notably tange:

a) to coastal, port or estuarine activities, including those of fishing, which if constitutes a means of essential existence for the people involved ;

b) to the tourist attractions of the considered region, and

c) to the health of coastal populations and to the well being of the region considered, including conservation of marine biological resources, fauna and flora.

5.Por?Organization if you understand the International Maritime Advisory Organization.

Article III

The right of a coastal State to take action in accordance with Article I shall be exercised under the following conditions:

a) before taking any measures, the coastal state should consult with others States affected by the maritime accident, particularly with the flag State (s) ;

b) the coastal State shall notify, without delay, the measures to which it is proposed to the physical persons or legal of which you are aware of or have been appointed to you in the course of the consultations as having interests that could possibly be compromised or affected by such measures. The coastal State shall take into account the views submitted to it by such persons ;

c) before taking the measures, the coastal State may consult independent experts, which will be chosen on a list maintained by the Organiz

d) in cases of urgency, which call for immediate measures, the coastal state may take the measures that they are necessary, in the face of the urgency of the situation, without any advance notifications or consultations being made or without further consultations already initiated ;

e) the coastal state should, before taking any medias, and throughout the execution of the same, employ the best of their efforts, in order to avoid any risk to human lives, and to give people in danger all aid that they may have need and, in appropriate cases, not to create obstacles, and yes to facilitate, repatriation of crews of the vessels ; and

f) the measures that have been taken in applying Article I must, without delay, be notified to States and to physical or legal persons interested as well as to the Secretary-General of the Organization.

Article IV

1.Sob the supervision of the Organization, will be established and kept updated the list of experts cited in Article III of this Convention. The Organization will determine the appropriate rules in this matter, as well as the required qualifications.

2.Os member states of the Organization, and those that are part of this Convention, may suggest names having in view of the establishment of the list. Experts must be paid by States who use their services, on bases compatible with the services provided.

Article V

1.As intervention measures taken by the coastal State in accordance with the provisions of Article I, they must be proportional to the damage that has effectively suffered or is threatened.

2.Essas measures should not go beyond those that can reasonably be considered as necessary for whether meet the objective mentioned in Article I, and must cease as soon as it has been achieved, not without necessarily interfering with the rights and interests of the flag state, third states or any other physical persons or legal interested.

3.A appreciation of the proportionality of the measures taken, in relation to the damage, is done taking place in account:

a) the extension and likelihood of imminent damage should the measures not be taken ;

b) the likely efficacy of these measures ; and

c) the breadth of damage that may be caused by such measures.

Article VI

Any Party of this Convention, which has taken action transchanting the provisions of the present Convention, causing injury to others, shall be required to pay compensation for the extent of the damages caused by the measures exceeding those reasonably necessary to obtain the end mentioned in Article I.

Article VII

Unless express provision to the contrary, nothing in this Convention should harm any right, duty, privilege or immunity otherwise applicable, or will deprive any of the Parties or physical or legal person concerned of the resources it might otherwise displace.

Article VIII

1.Toda controversy between the Parties, as to whether the measures taken when applying Article I contrasts the provisions of this Convention, if a repair is due by virtue of Article VI, as well as on the amount of the compensation, if it cannot be resolved by negotiations between the Parties concerned, or between the Party which has taken the measures and the physical or legal persons requesting reparation, and if an agreement between the Parties is not possible, shall be submitted, at the request of one of the Parties concerned, to conciliation or in the event of failure of conciliation to arbitration, in the conditions provided for in the Annex to this Conven

2.A Party which has taken the measures does not have the right to refuse the request for conciliation or arbitration, in accordance with the preceding paragraph, basing solely on the reason that they are not exauding the resources of their national legislation in their own courts.

Article IX

1.A this Convention remains open for signature until December 31, 1970 and then open to accession.

2.Os Member States of the United Nations, of any of its Specialized Agencies, of the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice, may become a Party to this Convention by:

a) signature without reservation as to ratification, acceptance or approval ;

b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval ; and

c) accession.

Article X

1.A ratification, acceptance, approval or accession if they are effected by the deposit of an instrument, in good and due form, along with the Secretary-General of the Organization.

2.Todo instrument of ratification, acceptance, approval or accession, deposited after the entry into force of an amendment to this Convention, with respect to all States already Parties to the Convention, or after compliance with all the measures required for the entry into force of the amendments with respect to the said States, it is considered as if applied to the Convention modified by the amendment.

Article XI

1.A to this Convention shall enter into force ninety days after the date on which it has been signed without reservations, as for ratification, acceptance or approval by the Governments of fifteen States or have them deposited the instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organizati

2.Para each State which ratifies, accepts, approves or adheres thereafter to this Convention, it will enter into force ninety days after the deposit by that State of the respective instrument.

Article XII

1.A this Convention may be denounced at any time by either Party, to be reckoned with date on which, for that State, the Convention will enter into force.

2.A denunciation shall be effected upon deposit of the respective instrument together with the Secretary-General of the Organization

3.A denunciation shall take effect one year after the date on which the instrument is deposited with the Secretary-General of the Organization, or when a longer term is expired, specified in that instrument.

Article XIII

1.A United Nations, when it assumes the responsibility of administration of a territory, or any State Party to this Convention responsible for the international relations of a territory, shall consult, as soon as possible, the competent authorities of that territory, or shall take any other appropriate measure to to extend to you the application of this Convention and may, at any time, by written notification addressed to the Secretary-General of the Organization, to give notice that such extension has taken place.

2.A implementation of this Convention shall be extended to the territory designated in the notificati of the date of your receipt or other date specified in the notification.

3.A United Nations Organization, or any other Party that has made a statement, in virtue of paragraph 1º of this Article, may, at any time, after the date on which the application of the Convention has been extended to a territory, give it to know, by means of written notification addressed to the Secretary-General of the Organization, whereas this Convention shall cease to apply to the territory designated in the notification.

4.Cessa the application of this Convention, to the territory designated in the notification, one year of the receipt of that notification by the Secretary-General of the Organization, or after expiry of another longer period, which has been specified in the

Article XIV

1.A Organization may convene a Conference, aiming to review or amend the present Convention

2.A Organization shall convene a Conference of States Parties to this Convention, having as aim to review or amend this Convention by solicitation of at least one third of the Parties.

Article XV

1.A this Convention shall be deposited with the Secretary-General of the Organization.

2.Secretário-Geral of the Organization should:

(a) to inform all States that have signed or acceding to the Convention on:

i) each new subscription or instrument deposit and the date on which it has been checked ;

ii) the instrument deposit of denunciation and the date on which it has been effective ;

(iii) the extension of this Convention to any territory, by virtue of paragraph 1º of the Article XIII, and the termination of that extension by virtue of paragraph 4º of the same Article, indicating in each case when the extension of this Convention began or will have ended ; and

(b) transmit certified copies of this Convention to all the signatory States or to those which it has adhered.

Article XVI

As soon as this Convention shall enter into force, the Secretary-General of the Organization shall transmit the text to the United Nations Secretariat for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

Article XVII

This Convention is established in a single exemplar in the English and French languages, both of which are the equally authentic texts.

Official Translations in Russian and Spanish languages will be prepared and deposited together with the original signed.

In faith than the undersigned, duly authorized for this purpose by their Governments, sign the present Convention

Done in Brussels, on November 29, 1969.

The N E X O

CHAPTER I

From Conciliation

Article 1º

Unless the interested parties decide otherwise, the conciliation process should be organized in accordance with the provisions of this Chapter.

Article 2º

1.A Conciliation Commission shall be established on request of one of the Parties, addressed to the other, by applying Article VIII of the Convention.

2.O application for conciliation submitted by a Party shall contain, in addition to case, all justification pieces supporting the exhibition of the same.

3.Se a process has been initiated between two Parties, any other Party whose citizens or goods have been affected by the measures considered, or that, in their coastal State quality, have taken similar measures, may join the conciliation procedure by making due written communication to the Parties in it engaged, unless a of them to that if you oppose.

Article 3º

1.A Conciliation Commission will consist of 3 members: one appointed by the coastal state that has taken the intervention measures, another appointed by the State, whose citizens or goods have been affected by such measures, and the third party designated by common accord by the first two, and which takes over the Presidency of the Commission.

2.Os members of the Commission, thus designated, shall be chosen in a relationship made beforehand, in accordance with the procedure exposed in Article 4º below.

3.Se within a period of 60 days from the date of receipt of the application for conciliation, the Party to which he has been addressed does not notify the other Party in demand of the designation of the Conciliator whose choice shall be incumbent upon him, or if within a period of 30 days, from the appointment of the second of the members of the Commission designated by the Parties, the two Conciliators have not been able to designate, by common agreement, the President of the Commission, the Secretary-General of the Organization shall, upon application by either Party, and within 30 days, the necessary appointments.

The members of the Commission, thus designated, shall be chosen in the relationship prescribed in the paragraph precedent.

Article 4º

1.A relation prescribed in Article 3º above should be constituted of qualified persons, designated by Parties, and maintained updated by the Organization.

Each Party may indicate four persons to appear in the relationship, which they do not need to be, necessarily, of his nationality. Assignments are to be made for periods, renewable, 6 years.

2.Em case of death or dismissal of one of the figurants of the relation, shall be permitted to the Party which indicated it, assign a substitute for the remaining part of the period.

Article 5º

1.Salvo agreement to the contrary of the Parties, the Conciliation Commission should establish its own regulation, which should, in all cases, allow, with impartiality, frank pronouncement of the Parties.

In the matter of research, the Commission, unless unanimously decides otherwise, should act in accordance with the provisions of Chapter III of the Hague Convention of October 18, 1907 on Peaceful Decision of International Conflicts.

2.As Parties shall be represented together with the Conciliation Commission by Agents who have the mission of serve as intermediaries between them and the Commission.

Each Party, in addition, may be able to watch for Councillors and Experts appointed by her to that end, and require that you be heard as a witness for any person, whose testimony seems useful to you.

3.A Commission should have the right to demand explanation from Agents, Councillors or Experts, well as from any person who, with the consent of their Governments, judges useful the turnout.

Article 6º

Unless otherwise agreed upon by the Parties, the decisions of the Conciliation Commission shall be made by a majority of votes and the Commission should not rule on the merits of the matter unless all its members are present.

Article 7º

The Parties shall facilitate the work of the Conciliation Commission and, to that end, according to their legislations, and using all available means should:

a) to provide the Commission with all necessary documents and information ;

b) to enable the Commission to enter its territories, to listen to witnesses or experts and examine the sites.

Article 8º

The Conciliation Commission will be tasking with elucidating the issues in dispute, collecting for that purpose all useful information, through investigations or other means, and strive to reconcile the Parties.

After examination of the case, it will give notice to the Parties of the recommendation that it seems appropriate, and a time limit of no more than 90 days for whether or not to accept the cited recommendation.

Article 9º

The recommendation should contain an exposure of reasons.

If the recommendation does not reflect in whole or in part the unanimous opinion of the Commission, the conciliator will the right to make know, in separate, your opinion.

Article 10

The conciliation will be taken as not having achieved success if, 90 days after the recommendation is notified to the Parties, none of them have notified the other of their acceptance of the recommendation. Similarly, conciliation will be taken as not having achieved success, if the Commission cannot have been constituted in the period provided for in Article 3º paragraph 3º above or if, unless otherwise agreed by the Parties, the Commission has not submitted its recommendation within one year from the date of designation of the President of the Commission.

Article 11

1.Cada one of the members of the Commission should receive remuneration for their work, the amount of which will be fixed by common agreement between the Parties, contributing in equal proportion.

2.Os general spending, arising from the functioning of the Commission, will be broken down in the same way.

Article 12

The Parties to divergence may, at any time in the conciliation procedure, decide, by common agreement, resorting to another decision-making process of their disagreements.

CHAPTER II

From Arbitration

Article 13

1.A less than the Parties decide otherwise, the arbitration process should be conducted from in accordance with the provisions of this Chapter.

2.Em case of failure of conciliation, the request for arbitration is to be submitted within the period of 180 days, from that failure.

Article 14

The Tribunal of Arbitration will consist of 3 members: an Arbitrator appointed by the coastal state that has taken the intervention measures, another appointed by the State, whose citizens or goods have been affected by these measures, and another Arbitrator who will take over the Tribunal's Presidency, and which will be designated by common accord by the first two.

Article 15

1.Se to the termination of the 60-day period, to be counted from the designation of the second Arbitrator, the President of the Tribunal has not been designated, the Secretary-General of the Organization, at the request of either Party, shall, within a further 60-day period, his designation by choosing him in a qualified person's relationship drawn up in advance under the conditions laid down in Article 4º above.

This relationship is to be separated from that of Experts, as provided for in Article IV of the Convention, and of that of Conciliators, provided for in Article 4º above, may, however, be the same person figuring in the Conciliators and in the Arbitros.

A person who has acted as a conciliator cannot, however, be chosen for Arbitrator of a even case.

2.Se within a period of 60 days, after the date of receipt of the application, one of the Parties have not made the designation which it is incumbent on, of a member of the Tribunal, the other Party may inform it directly to the Secretary-General of the Organization, which shall appoint the President of the Court within a period of 60 days, choosing you in the relation provided for in paragraph 1º of this Article.

3.O President of the Tribunal, after his designation, shall ask the Party not to have designated a Arbitrator, who will do so in the same way, and under the same conditions.

In case she does not make the designation that has been so requested, the President of the Tribunal will ask for to the Secretary-General of the Organization which shall make the designation, in the forms and conditions laid down in the preceding paragraph

4.O President of the Tribunal, if you have your designation based on the provisions of this Article, no shall be nor have been of a nationality of one of the parties, unless the consent of the other Party or the other Parties.

5.Em case of death or dismissal of an Arbitrator, whose designation has been awarded a Part, it will be up to her to designate the replacement within the 60-day period, from death or remotention.

In case the Party does not make the assignment, the arbitration process will proceed with the remaining Arbiters.

In the event of death or removal of the President of the Court, his replacement will be designated in the conditions provided for in Article 4º above or, if there is no agreement between the members of the Tribunal in the period of 60 days, after the death or removal, shall be designated under the conditions laid down in this Article.

Article 16

If a process has been initiated between two Parties, any other Party, whose citizens or goods has been affected by the measures considered, or that, in its coastal State quality, has taken similar measures, it may be able to incorporate into the arbitration process by making the due communication, in writing, to the Parties engaged in that process, the less than either of them to do so.

Article 17

Any Tribunal of Arbitration, which has been constituted under the terms of this Annex, shall establish their own rules of proceeding.

Article 18

1. The Tribunal's decisions, whether on its procedure and meeting places, or on the controversies submitted to them, will be taken by a majority of the votes of its members, failing to serve as an impediment to which it will take its decision, the absence or abstention from one of its members, whose designation was assignment of the Parties. In the event of a draw of the vote, the President's vote will be preponderant.

2. The Parties shall facilitate the work of the Tribunal and, to that end, in accordance with their laws, and using all available means shall:

a) to provide the Tribunal with all necessary documents and information ; and

b) to enable the Tribunal to enter its territories, to listen to witnesses or experts and examine the sites.

3.O removal or absence of a Party does not constitute impediment to the process.

Article 19

1.A sentence of the Tribunal is expected to contain an exhibition of reasons.

It will be final and without resources. The Parties shall comply with it immediately.

2.Qualquer controversy that may arise between the Parties with respect to the interpretation and execution of sentence may be submitted, by either Party, to the judgment of the Tribunal which has washed the sentence or, if it is not available, to another Tribunal constituted for that purpose, in the same manner as the original Tribunal.

PROTOCOL ON THE INTERVENTION IN THE HIGH SEAS IN CASES

DE POLLUTION BY SUBSTANCES OTHER THAN OIL, 1973

The Parties to this Protocol,

Being Parties to the International Convention on Intervention in High-Mar in Accidents Cases with Pollution by Oil, held in Brussels, on November 29, 1969,

Taking into account the Resolution on International Cooperation with Relation to Pollutants Others that non Oil, adopted by the International Legal Conference on Damage Caused by Marine Pollution, 1969,

Taking into consideration yet that in accordance with the Resolution, the International Maritime Organization stepped up its work in collaboration with all international organizations concerned, on all aspects of pollution by non-oil substances,

woke up the following:

Article I

1.As Parties to this Protocol will be able to take on high seas the measures that may be necessary for prevent, mitigating or eliminating a serious and imminent danger to their coasts or their interests with them, arising from pollution or threat of pollution, caused by substances other than oil, in the event of a maritime accident or acts related to that accident that, in a reasonable manner, can be expected to result in harmful consequences of vulture.

2.?The other substances that do not oil?, as mentioned in paragraph 1º, they will be:

a) those substances contained in a list that will be drawn up by an appropriate organization, designated by the Organization, and annexed to this Protocol ; and

b) those other substances that are capable of posing dangers to human health, of doing harm to living resources and marine life, to causing damage to facilities or places of leisure, or to interfere with other legitimate uses of the sea.

3.Sempre that an intervener Party take action with respect to a substance to which the paragraph 2 (b) above, that Party will shoulder the burden of determining, in a reasonable manner, that the substance, in the circumstances existing at the time of the intervention, could pose a serious and imminent danger similar to the one represented by the any of the related substances in the list referred to in paragraph 2 (a) above.

Article II

1.O provisions of paragraph 2º of Article I and Articles II to VIII of the Convention Relative to Intervention in Alto-Mar in Cases of Accidents with Oil Pollution, 1969, and in its Annex, which refers to oil, shall be applicable with respect to the substances referred to in Article I of this Protocol.

2.Para the effects of this Protocol, the list of experts referred to in Articles III (c) and IV of the Convention should be extended to include qualified specialists to give advice with respect to other substances other than oil. The indications for the list may be made by the Member States of the Organization and by the Parties to this Protocol.

Article III

1.A list referred to in paragraph 2 (a) of Article I shall be kept updated by the appropriate organization, designated by the Organis

2.Qualquer amendment proposal to the list by a Party of this Protocol should be submitted to the Organization and distributed to all Members of the Organization and to all Parties to this Protocol, at least three months prior to their examination by the appropriate organ.

3.As Parties to this Protocol, whether they are Members or not of the Organization, shall have the right to participate in the work of the appropriate organ.

4.As amendments shall be adopted by a two-thirds majority consisting of only the Parties to the present Protocol, gifts and voters.

5.Se is adopted in accordance with paragraph 4º above, the amendment shall be informed by the Organization a all Parties to this Protocol for acceptance.

6.A amendment will be considered to have been accepted to the end of a period of six months after haver has been communicated, unless within that period has been communicated to the Organization an objection to that amendment by a number not less than a third of the Parties to this Protocol.

7.Uma amendment deemed to have been accepted in accordance with paragraph 6º above will enter into force three months after their acceptance by all Parties to this Protocol, with the exception of those which before that date made a declaration of non-acceptance of the mentioned amendment.

Article IV

1.O this Protocol shall be open for signature by States which have signed the Convention to which refers to Article II, or have adhered to it, and by any State which has been invited to be represented at the International Conference on Marine Pollution, 1973. The Protocol will remain open for subscriptions from January 15, 1974 through December 31, 1974, at the Organization Seas.

2.Sujeito to the provisions of paragraph 4º of this Article, this Protocol shall be subject to ratification, acceptance or approval by the States that have signed it.

3.Sujeito to the provisions of paragraph 4º, this Protocol shall be open for accession by States which shall not have signed it.

4.O this Protocol may be ratified, accepted, approved or acceding to the Convention mentioned in the Article II.

Article V

1.A ratification, acceptance, approval or accession shall be effected upon the deposit of an instrument formal for that effect with the Secretary-General of the Organization.

2.Qualquer instrument of ratification, acceptance, approval or accession deposited after entry into an amendment to this Protocol, with respect to all existing Parties, or after compliance with all the measures required for the entry into force of the amendment with respect to all existing Parties, shall be deemed to be applied to the Protocol amended by the amendment.

Article VI

1.O this Protocol shall enter into force on the ninth day after the date on which fifteen States have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General of the Organization, provided that this Protocol does not enter into force before the Convention mentioned in Article II has entered into force.

2.Para each State which ratifies, accepts, approves or adheres to it thereafter, this Protocol will enter into force on the ninth day after the deposit of the instrument suitable by that State.

Article VII

1.O this Protocol may be denounced by any Party, at any time after the date on that comes into effect for that Party.

2.A denunciation should be effected upon the deposit of an instrument for that purpose, along with the Secretary General of the Organization.

3.A denunciation shall take effect one year after its deposit with the Secretary-General of the Organization, or after a longer period, as set out in the instrument of denunciation.

4.A denunciation of the Convention mentioned in Article II, made by a Party, shall be deemed to be a denunciation of this Protocol, made by that Party. Such denunciation shall take effect on the same day as to have effect the denunciation of the Convention in accordance with paragraph 3º of Article XII of that Convention.

Article VIII

1.Poderá to be convened by the Organization a conference for the purpose of revising or amending the present Protocol.

2.A Organization shall convene a Conference of Parties to this Protocol for the purpose of reveal it or amend it, upon request of a number not less than a third of the Parties.

Article IX

1. This Protocol shall be deposited with the Secretary-General of the Organization.

2. The Secretary-General should:

(a) inform all States that have signed this Protocol, or have acceding to it, the following:

i) each new subscription or deposit of an instrument, together with the date of that instrument ;

(ii) the date of entry into force of this Protocol ;

iii) the deposit of any instrument of denunciation of this Protocol, together with the date on which the denunciation will take effect ; and

iv) any amendments to this Protocol or its Attachments, and any objection or declaration of non-acceptance of the mentioned amendment ; and

(b) transmit certified copies of this Protocol to all States which have signed it or adhered to it.

Article X

As soon as this Protocol enters into force, it should be forwarded by the Secretary-General of the Organization a certified copy to the United Nations Secretariat for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

Article XI

This Protocol is promulgated in a single original, in English, French, Russian and Spanish languages, being the four equally authentic texts.

In testimony to this, the undersigned, having been duly authorized for this purpose, have signed this Protocol.

Elaborated in London, on this second day of November of a thousand nine hundred and seventy-three.

ANNEX

LIST OF SUBSTANCES TO BE REFERRED TO THE PARPATION 2 (a)

DO ARTICLE I OF THE INTERVENTION PROTOCOL OF 1973

Any of the following products will be subject to the 1973 Intervention Protocol if you are being carried on board a ship as cargo, or whether it constitutes waste from such previously transported products:

1Óleos as defined in Annex I to the International Convention for the Prevention of Pollution Caused by Ships, 1973, as modified by the 1978 Protocol on those Convention (MARPOL 73/78), as amended, when transported in bulk, including those listed in Appendix I, with the exception of crude oil, fuel oil, diesel oil and of the lubricating oil, which are covered by the Convention on the Intervention of 1969 ;

2Substâncias Harmful Liquids, as defined in Annex II of MARPOL 73/78, as emendated, when carried in bulk, and identified:

.1como belonging to the Category of Pollution A or B:

.1no Chapter 17 of the International Code of Chemical Products to Granel (IBC Code) ; or

.2nas Lists 1 a to 4 of the MEPC.2 Circulars, issued annually in December ; or

.2na multi-list of GESAMP Person Profiles, issued periodically in the form of Circulars BLG, with:

.1um?2? in column B and one?XX? in column E ; or

.2um?XXX? in column E ;

3Substâncias harmful, in the form of packaging, as defined in Annex III of MARPOL 73/78, as emendated, and that have been identified as Serious Marine Pollutants (PP) in the International Maritime Code of Dangerous Goods (IMDG Code), or that meet the criteria for such, as defined in the IMDG Code ;

4.Material radioactive, transported in type B or type C packaging, or as physical material, or under special arrangements, as covered by the provisions of Class 7 of the IMDG Code ; and

5. Flue-effects, identified in Chapter 19 of the International Code for Construction and Equipment of Vessels that Carry Gases LiquEffective Gases to Granel, 1983 (IGC Code), as amended, when transported in bulk, and the products for which have been established by the Administration and the administrations of the ports involved appropriate preliminary conditions for transportation in accordance with paragraph 1.1.6 of the IGC Code.