Статус Протокола о вмешательстве в открытом море в случаях загрязнения веществами иными, чем нефть (Intervention PROT) (Лондон, 2 ноября 1973 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПРОТОКОЛА О ВМЕШАТЕЛЬСТВЕ В ОТКРЫТОМ МОРЕ В СЛУЧАЯХ ЗАГРЯЗНЕНИЯ ВЕЩЕСТВАМИ ИНЫМИ, ЧЕМ НЕФТЬ (INTERVENTION PROT) (ЛОНДОН, 2 НОЯБРЯ 1973 ГОДА)

(по состоянию на 9 декабря 2025 года)

Вступление в силу: 30.03.1983

I. Подписи

Нидерланды

Новая Зеландия

Польша

Швеция

II. Договаривающиеся государства

Число государств-участников: 61

PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL, 1973, AS AMENDED (INTERVENTION PROT 1973)

Done at London, 2 November 1973

Status as at: 09.12.2025

Entry into force: 30 March 1983

I. Signatories

<1> For the text of a declaration see section III.

II. Contracting States

<1> For the text of a declaration or reservation, see section III.

<2> The United Kingdom declared ratification to be effective also in respect of:

<3> The Netherlands declared ratification to be effective also in respect of:

Netherlands Antilles (with effect 30 March 1983) and Aruba (with effect from 1 January 1986)

The Netherlands Antilles has ceased to exist as an autonomous country within the Kingdom of the Netherlands with effect from 10 October 2010. Since that date, the Kingdom of the Netherlands consists of four autonomous countries: The Netherlands (European part and Caribbean part), Aruba, Curaçao and Sint Maarten. For more details see footnote 4, in section II of SOLAS 1974. The Protocol applies as follows:

<*> For the text of communications received from the Governments of Argentina and the United Kingdom, see footnote <**> of section II of INTERVENTION 1969.

<**> Ceased to apply to Hong Kong with effect from 1 July 1997.

<***> The depositary received a communication, dated 2 March 2010, from the Foreign and Commonwealth Office in London, informing that the name of the British overseas territory formerly called «St. Helena and Dependencies» has been changed to «St. Helena, Ascension and Tristan da Cunha». The status of the territory as a British overseas territory remains unchanged.

<4> Applies to the Hong Kong Special Administrative Region with effect from 1 July 1997, and to the Macao Special Administrative Region with effect from 24 June 2005.

<5> As from 26 December 1991 the membership of the USSR in the Protocol is continued by the Russian Federation.

<6> As from 4 February 2003, the name of the State of the Federal Republic of Yugoslavia was changed to Serbia and Montenegro. The date of succession by Serbia and Montenegro to the Protocol is the date on which the Federal Republic of Yugoslavia assumed responsibility for its international relations.

<7> Following the dissolution of the State Union of Serbia and Montenegro on 3 June 2006, all Treaty actions undertaken by Serbia and Montenegro continue to be in force with respect to Republic of Serbia. Montenegro has informed that it wished to succeed to this treaty with effect from the same date, ie. 3 June 2006.

III. Declarations, Reservations and Statements

Australia

The instrument of accession of the Commonwealth of Australia was accompanied by the following declaration:

«Australia recalls the statement made by the Australian Delegation to the International Conference on Marine Pollution 1973 which was in the following terms:»

«...Australia believes that no coastal State would refrain from taking whatever action was necessary to protect areas under its jurisdiction from serious environmental damage and it believes that this right of a coastal State to intervene on the high seas to protect areas under its jurisdiction is recognized under customary international law».

«In becoming a party to the Protocol, Australia declares that it believes that it may still take action to protect areas and resources under its jurisdiction which is permitted under customary international law and which is consistent with the Protocol.»

France

The instrument of accession of the French Republic contained the following reservation (in the French language):

[Translation]

«According to article 1 of the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances Other than Oil, done at London on 2 November 1973, States Parties may take measures on the high seas following upon a maritime casualty only in the case of grave and imminent danger of pollution or threat of pollution which may reasonably be expected to result in major harmful consequences.»

«On the basis of the definition of type A packages, the French Government considers that radioactive substances that may be stored or carried as substances in type A packages cannot give rise to such a danger.»

«Accordingly, the French Government does not accept the application of the provisions of the Protocol to such packages.»

Federal Republic of Germany

The instrument of ratification of the Federal Republic of Germany was accompanied by the following declaration (in the German language):

[Translation]

«that the said Protocol shall also apply to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany.»

New Zealand

The following declaration was made at the time of signature of the Protocol:

«The Government of New Zealand hereby declares that its signature of the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other than Oil does not extend to the Cook Islands, Niue and the Tokelau Islands.»

The instrument of ratification of New Zealand was accompanied by the following declaration:

«...consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that territory».

United Kingdom

The instrument of ratification of the United Kingdom of Great Britain and Northern Ireland contains the following declaration:

«...reserving the right to extend the Protocol at a later date to any territory for whose international relations the Government of the United Kingdom is responsible and to which the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties has been extended in accordance with the provisions of article XIII, paragraph 1, thereof».

IV. Amendments

(1) 1991 Amendments (MEPC.49(31))

A. Adoption

The Marine Environment Protection Committee at its thirty-first session (July 1991) adopted by resolution MEPC.49(31), in accordance with article III of the Protocol, an amended list of substances to be annexed to the Protocol.

B. Entry into force

On 24 October 1991, by Note Verbale A1/0/3.02 (NV.12) the Secretary-General communicated the amended list to all Parties to the 1973 Protocol in accordance with article III, paragraph 5, for acceptance, and informed 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, i.e. 24 April 1992, unless within that period an objection to these amendments has been communicated to the Organization by not less than one-third of the Parties. No such objection was received and the amended list accordingly entered into force on 24 July 1992, three months after it had been deemed to have been accepted.

(2) 1996 Amendments (MEPC.72(38))

A. Adoption

The Marine Environment Protection Committee at its thirty-eighth session (July 1996) adopted by resolution MEPC.72(38), in accordance with article III of the Protocol, an amended list of substances to be annexed to the Protocol.

B. Entry into force

On 12 March 1997, by Note Verbale A1/0/3.02 (NV.14) the Secretary-General communicated the amended list to all Parties to the 1973 Protocol in accordance with article III, paragraph 5, for acceptance, and informed 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, i.e. 19 September 1997, unless within that period an objection to these amendments has been communicated to the Organization by not less than one-third of the Parties. No such objection was received and the amended list accordingly entered into force on 19 December 1997, three months after it had been deemed to have been accepted.

(3) 2002 Amendments (MEPC.100(48))

A. Adoption

The Marine Environment Protection Committee at its forty-eighth session (October 2002) adopted by resolution MEPC.100(48), in accordance with article III of the Protocol, an amended list of substances to be annexed to the Protocol.

B. Entry into force

The Secretary-General communicated the amended list to all Parties to the 1973 Protocol, in accordance with article III, paragraph 5, for acceptance, and informed 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. No such objection was received and the amended list accordingly entered into force on 22 June 2004, three months after it had been deemed to be accepted.

(4) 2007 Amendments (MEPC.165(56))

A. Adoption

The Marine Environment Protection Committee at its fifth-sixth session (July 2007) adopted by resolution MEPC.165(56), in accordance with article III of the Protocol, an amended list of substances to be annexed to the Protocol.

B. Entry into force

The Secretary-General will communicate the amended list to all Parties to the 1973 Protocol, in accordance with article III, paragraph 5, for acceptance, and will inform them of the date on which 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. No such objection was received and the amended list accordingly entered into force on 23 November 2009, three months after it had been deemed to be accepted.