PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
PREAMBLE
The States Parties to this Protocol to the Antarctic Treaty, hereinafter
referred to as the Parties,
Convinced of the need to enhance the protection of the Antarctic
environment and dependent and associated ecosystems;
Convinced of the need to strengthen the Antarctic Treaty system so as to
ensure that Antarctic shall continue forever to be used exclusively for
peaceful purposes and shall not become the scene or object of
international discord;
Bearing in mind the special legal and political status of Antarctic and
the special responsibility of the Antarctic Treaty Consultative Parties
to ensure that all activities in Antarctic are consistent with the
purposes and principles of the Antarctic Treaty;
Recalling the designation of Antarctic as a Special Conservation Area and
other measures adopted under the Antarctic Treaty system to protect the
Antarctic environment and dependent and associated ecosystems;
Acknowledging further the unique opportunities Antarctic offers for
scientific monitoring of and research on processes of global as well as
regional importance;
Reaffirming the conservation principles of the Convention on the
Conservation of Antarctic Marine Living Resources;
Convinced that the development of a comprehensive regime for the
protection of the Antarctic environment and dependent and associated
ecosystems is in the interest of mankind as a whole;
Desiring to supplement the Antarctic Treaty to this end;
Have agreed as follows:
ARTICLE 1
DEFINITIONS
For the purposes of this Protocol:
(a) "The Antarctic Treaty" means the Antarctic Treaty done at
Washington on 1 December 1959;
(b) "Antarctic Treaty area" means the area to which the provisions of
the Antarctic Treaty apply in accordance with Article VI of that
Treaty;
(c) "Antarctic Treaty Consultative Meetings" means the meetings
referred to in Article IX of the Antarctic Treaty;
(d) "Antarctic Treaty Consultative Parties" means the Contracting
Parties to the Antarctic Treaty entitled to appoint representatives
to participate in the meetings referred to in Article IX of that
Treaty;
(e) "Antarctic Treaty system" means the Antarctic Treaty, the measures
in effect under that Treaty, its associated separate international
instruments in force and the measures in effect under those
instruments;
(f) "Arbitral Tribunal" means the Arbitral Tribunal established in
accordance with the Schedule to this Protocol, which forms an
integral part thereof;
(g) "Committee" means the Committee for Environmental Protection
established in accordance with Article 11.
ARTICLE 2
OBJECTIVE AND DESIGNATION
The Parties commit themselves to the comprehensive protection of the
Antarctic environment and dependent and associated ecosystems and hereby
designate Antarctica as a natural reserve, devoted to peace and science.
ARTICLE 3
ENVIRONMENTAL PRINCIPLES
1. The protection of the Antarctic environment and dependent and
associated ecosystems and the intrinsic value of Antarctica, including
its wilderness and aesthetic values and its value as an area for the
conduct of scientific research, in particular research essential to
understanding the global environment, shall be fundamental considerations
in the planning and conduct of all activities in the Antarctic Treaty
area.
2. To this end:
(a) activities in the Antarctic Treaty area shall be planned and
conducted so as to limit adverse impacts on the Antarctic
environment and dependent and associated ecosystems;
(b) activities in the Antarctic Treaty area shall be planned and
conducted so as to avoid:
(i) adverse effects on climate or weather patterns;
(ii) significant adverse effects on air or water quality;
(iii) significant changes in the atmospheric, terrestrial
(including aquatic), glacial or marine environments;
(iv) detrimental changes in the distribution, abundance or
productivity of species or populations of species of fauna
and flora;
(v) further jeopardy to endangered or threatened species or
populations of such species; or
(vi) degradation of, or substantial risk to, areas of biological,
scientific, historic, aesthetic or wilderness significance;
(c) activities in the Antarctic Treaty area shall be planned and
conducted on the basis of information sufficient to allow prior
assessments of, and informed judgments about, their possible
impacts on the Antarctic environment and dependent and associated
ecosystems and on the value of Antarctic for the conduct of
scientific research; such judgments shall take full account of:
(i) the scope of the activity, including its area, duration and
intensity;
(ii) the cumulative impacts of the activity, both by itself and in
combination with other activities in the Antarctic Treaty
area;
(iii) whether the activity will detrimentally affect any other
activity in the Antarctic Treaty area;
(iv) whether technology and procedures are available to provide
for environmentally safe operations;
(v) whether there exists the capacity to monitor key
environmental parameters and ecosystem components so as to
identify and provide early warning of any adverse effects of
the activity and to provide for such modification of
operating procedures as may be necessary in the light of the
results of monitoring or increased knowledge of the Antarctic
environment and dependent and associated ecosystems; and
(vi) whether there exists the capacity to respond promptly and
effectively to accidents, particularly those with potential
environmental effects;
(d) regular and effective monitoring shall take place to allow
assessment of the impacts of ongoing activities, including the
verification of predicted impacts;
(e) regular and effective monitoring shall take place to facilitate
early detection of the possible unforeseen effects of activities
carried on both within and outside the Antarctic Treaty area on the
Antarctic environment and dependent and associated ecosystems.
3. Activities shall be planned and conducted in the Antarctic Treaty
area so as to accord priority to scientific research and to preserve the
value of Antarctica as an area for the conduct of such research,
including research essential to understanding the global environment.
4. Activities undertaken in the Antarctic Treaty area pursuant to
scientific research programmes, tourism and all other governmental and
non-governmental activities in the Antarctic Treaty area for which
advance notice is required in accordance with Article VII (5) of the
Antarctic Treaty, including associated logistic support activities,
shall:
(a) take place in a manner consistent with the principles in this
Article; and
(b) be modified, suspended or cancelled if they result in or threaten
to result in impacts upon the Antarctic environment or dependent or
associated ecosystems inconsistent with those principles.
ARTICLE 4
RELATIONSHIP WITH THE OTHER COMPONENTS
OF THE ANTARCTIC TREATY SYSTEM
1. This Protocol shall supplement the Antarctic Treaty and shall neither
modify nor amend that Treaty.
2. Nothing in this Protocol shall derogate from the rights and
obligations of the Parties to this Protocol under the other international
instruments in force within the Antarctic Treaty system.
ARTICLE 5
CONSISTENCY WITH THE OTHER COMPONENTS
OF THE ANTARCTIC TREATY SYSTEM
The Parties shall consult and co-operate with the Contracting Parties to
the other international instruments in force within the Antarctic Treaty
system and their respective institutions with a view to ensuring the
achievement of the objectives and principles of this Protocol and
avoiding any interference with the achievement of the objectives and
principles of those instruments or any inconsistency between the
implementation of those instruments and of this Protocol.
ARTICLE 6
CO-OPERATION
1. The Parties shall co-operate in the planning and conduct of activities
in the Antarctic Treaty area. To this end, each Party shall endeavour
to:
(a) promote co-operative programmes of scientific, technical and
educational value, concerning the protection of the Antarctic
environment and dependent and associated ecosystems;
(b) provide appropriate assistance to other Parties in the preparation
of environmental impact assessments;
(c) provide to other Parties upon request information relevant to any
potential environmental risk and assistance to minimize the effects
of accidents which may damage the Antarctic environment or
dependent and associated ecosystems;
(d) consult with other Parties with regard to the choice of sites for
prospective stations and other facilities so as to avoid the
cumulative impacts caused by their excessive concentration in any
location;
(e) where appropriate, undertake joint expeditions and share the use of
stations and other facilities; and
(f) carry out such steps as may be agreed upon at Antarctic Treaty
Consultative Meetings.
2. Each Party undertakes, to the extent possible, to share information
that maybe helpful to other Parties in planning and conducting their
activities in the Antarctic Treaty area, with a view to the protection of
the Antarctic environment and dependent and associated ecosystems.
3. The Parties shall co-operate with those Parties which may exercise
jurisdiction in areas adjacent to the Antarctic Treaty area with a view
to ensuring that activities in the Antarctic Treaty area do not have
adverse environmental impacts on those areas.
ARTICLE 7
PROHIBITION OF MINERAL RESOURCE ACTIVITIES
Any activity relating to mineral resources, other than scientific
research, shall be prohibited.
ARTICLE 8
ENVIRONMENTAL IMPACT ASSESSMENT
1. Proposed activities referred to in paragraph 2 below shall be subject
to the procedures set out in Annex I for prior assessment of the impacts
of those activities on the Antarctic environment or on dependent or
associated ecosystems according to whether those activities are
identified as having:
(a) less than a minor or transitory impact;
(b) a minor or transitory impact; or
(c) more than a minor or transitory impact.
2. Each Party shall ensure that the assessment procedures set out in
Annex I are applied in the planning processes leading to decisions about
any activities undertaken in the Antarctic Treaty area pursuant to
scientific research programmes, tourism and all other governmental and
non-governmental activities in the Antarctic Treaty area for which
advance notice is required under Article VII (5) of the Antarctic Treaty,
including associated logistic support activities.
3. The assessment procedures set out in Annex I shall apply to any
change in an activity whether the change arises from an increase or
decrease in the intensity of an existing activity, from the addition of
an activity, the decommissioning of a facility, or otherwise.
4. Where activities are planned jointly by more than one Party, the
Parties involved shall nominate one of their number to coordinate the
implementation of the environmental impact assessment procedures set out
in Annex I.
ARTICLE 9
ANNEXES
1. The Annexes to this Protocol shall form an integral part thereof.
2. Annexes, additional to Annexes I-IV, may be adopted and become
effective in accordance with Article IX of the Antarctic Treaty.
3. Amendments and modifications to Annexes may be adopted and become
effective in accordance with Article IX of the Antarctic Treaty, provided
that any Annex may itself make provision for amendments and modifications
to become effective on an accelerated basis.
4. Annexes and any amendments and modifications thereto which have
become effective in accordance with paragraphs 2 and 3 above shall,
unless an Annex itself provides otherwise in respect of the entry into
effect of any amendment or modification thereto, become effective for a
Contracting Party to the Antarctic Treaty which is not an Antarctic
Treaty Consultative Party, or which was not an Antarctic Treaty
Consultative Party at the time of the adoption, when notice of approval
of that Contracting Party has been received by the Depositary.
5. Annexes shall, except to the extent that an Annex provides otherwise,
be subject to the procedures for dispute settlement set out in Articles
18 to 20.
ARTICLE 10
ANTARCTIC TREATY CONSULTATIVE MEETINGS
1. Antarctic Treaty Consultative Meetings shall, drawing upon the best
scientific and technical advice available:
(a) define, in accordance with the provisions of this Protocol, the
general policy for the comprehensive protection of the Antarctic
environment and dependent and associated ecosystems; and
(b) adopt measures under Article IX of the Antarctic Treaty for the
implementation of this Protocol.
2. Antarctic Treaty Consultative Meetings shall review the work of the
Committee and shall draw fully upon its advice and recommendations in
carrying out the tasks referred to in paragraph 1 above, as well as upon
the advice of the Scientific Committee on Antarctic Research.
ARTICLE 11
COMMITTEE FOR ENVIRONMENTAL PROTECTION
1. There is hereby established the Committee for Environmental
Protection.
2. Each Party shall be entitled to be a member of the Committee and to
appoint a representative who may be accompanied by experts and advisers.
3. Observer status in the Committee shall be open to any Contracting
Party to the Antarctic Treaty which is not a Party to this Protocol.
4. The Committee shall invite the President of the Scientific Committee
on Antarctic Research and the Chairman of the Scientific Committee for
the Conservation of Antarctic Marine Living Resources to participate as
observers at its sessions. The Committee may also, with the approval of
the Antarctic Treaty Consultative Meeting, invite such other relevant
scientific, environmental and technical organisations which can
contribute to its work to participate as observers at its sessions.
5. The Committee shall present a report on each of its sessions to the
Antarctic Treaty Consultative Meeting. The report shall cover all
matters considered at the session and shall reflect the views expressed.
The report shall be circulated to the Parties and to observers attending
the session, and shall thereupon be made publicly available.
6. The Committee shall adopt its rules of procedure which shall be
subject to approval by the Antarctic Treaty Consultative Meeting.
ARTICLE 12
FUNCTIONS OF THE COMMITTEE
1. The functions of the Committee shall be to provide advice and
formulate recommendations to the Parties in connection with the
implementation of this Protocol, including the operation of its Annexes,
for consideration at Antarctic Treaty Consultative Meetings, and to
perform such other functions as may be referred to it by the Antarctic
Treaty Consultative Meetings. In particular, it shall provide advice on:
(a) the effectiveness of measures taken pursuant to this Protocol;
(b) the need to update, strengthen or otherwise improve such
measures;
(c) the need for additional measures, including the need for
additional Annexes, where appropriate;
(d) the application and implementation of the environmental impact
assessment procedures set out in Article 8 and Annex I;
(e) means of minimising or mitigating environmental impacts of
activities in the Antarctic Treaty area;
(f) procedures for situations requiring urgent action, including
response action in environmental emergencies;
(g) the operation and further elaboration of the Antarctic
Protected Area system;
(h) inspection procedures, including formats for inspection reports
and checklists for the conduct of inspections;
(i) the collection, archiving, exchange and evaluation of
information related to environmental protection;
(j) the state of the Antarctic environment; and
(k) the need for scientific research, including environmental
monitoring, related to the implementation of this Protocol.
2. In carrying out its functions, the Committee shall, as appropriate,
consult with the Scientific Committee on Antarctic Research, the
Scientific Committee for the Conservation of Antarctic Marine Living
Resources and other relevant scientific, environmental and technical
organizations.
ARTICLE 13
COMPLIANCE WITH THIS PROTOCOL
1. Each Party shall take appropriate measures within its competence,
including the adoption of laws and regulations, administrative actions
and enforcement measures, to ensure compliance with this Protocol.
2. Each Party shall exert appropriate efforts, consistent with the
Charter of the United Nations, to the end that no one engages in any
activity contrary to this Protocol.
3. Each Party shall notify all other Parties of the measures it takes
pursuant to paragraphs 1 and 2 above.
4. Each Party shall draw the attention of all other Parties to any
activity which in its opinion affects the implementation of the
objectives and principles of this Protocol.
5. The Antarctic Treaty Consultative Meetings shall draw the attention
of any State which is not a Party to this Protocol to any activity
undertaken by that State, its agencies, instrumentalities, natural or
juridical persons, ships, aircraft or other means of transport which
affects the implementation of the objectives and principles of this
Protocol.
ARTICLE 14
INSPECTION
1. In order to promote the protection of the Antarctic environment and
dependent and associated ecosystems, and to ensure compliance with this
Protocol, the Antarctic Treaty Consultative Parties shall arrange,
individually or collectively, for inspections by observers to be made in
accordance with Article VII of the Antarctic Treaty.
2. Observers are:
(a) observers designated by any Antarctic Treaty Consultative Party
who shall be nationals of that Party; and
(b) any observers designated at Antarctic Treaty Consultative
Meetings to carry out inspections under procedures to be
established by an Antarctic Treaty Consultative Meeting.
3. Parties shall co-operate fully with observers undertaking
inspections, and shall ensure that during inspections, observers are
given access to all parts of stations, installations, equipment, ships
and aircraft open to inspection under Article VII (3) of the Antarctic
Treaty, as well as to all records maintained thereon which are called for
pursuant to this Protocol.
4. Reports of inspections shall be sent to the Parties whose stations,
installations, equipment, ships or aircraft are covered by the reports.
After those Parties have been given the opportunity to comment, the
reports and any comments thereon shall be circulated to all the Parties
and to the Committee, considered at the next Antarctic Treaty
Consultative Meeting, and thereafter made publicly available.
ARTICLE 15
EMERGENCY RESPONSE ACTION
1. In order to respond to environmental emergencies in the Antarctic
Treaty area, each Party agrees to:
(a) provide for prompt and effective response action to such
emergencies which might arise in the performance of scientific
research programmes, tourism and all other governmental and
nongovernmental activities in the Antarctic Treaty area for which
advance notice is required under Article VII (5) of the Antarctic
Treaty, including associated logistic support activities; and
(b) establish contingency plans for response to incidents with
potential adverse effects on the Antarctic environment or dependent
and associated ecosystems.
2. To this end, the Parties shall:
(a) co-operate in the formulation and implementation of such
contingency plans; and
(b) establish procedures for immediate notification of, and
co-operative response to, environmental emergencies.
3. In the implementation of this Article, the Parties shall draw upon
the advice of the appropriate international organisations.
ARTICLE 16
LIABILITY
Consistent with the objectives of this Protocol for the comprehensive
protection of the Antarctic environment and dependent and associated
ecosystems, the Parties undertake to elaborate rules and procedures
relating to liability for damage arising from activities taking place in
the Antarctic Treaty area and covered by this Protocol. Those rules and
procedures shall be included in one or more Annexes to be adopted in
accordance with Article 9 (2).
ARTICLE 17
ANNUAL REPORT BY PARTIES
1. Each Party shall report annually on the steps taken to implement this
Protocol. Such reports shall include notifications made in accordance
with Article 13 (3), contingency plans established in accordance with
Article 15 and any other notifications and information called for
pursuant to this Protocol for which there is no other provision
concerning the circulation and exchange of information.
2. Reports made in accordance with paragraph 1 above shall be circulated
to all Parties and to the Committee, considered at the next Antarctic
Treaty Consultative Meeting, and made publicly available.
ARTICLE 18
DISPUTE SETTLEMENT
If a dispute arises concerning the interpretation or application of this
Protocol, the parties to the dispute shall, at the request of any one of
them, consult among themselves as soon as possible with a view to having
the dispute resolved by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means to which the
parties to the dispute agree.
ARTICLE 19
CHOICE OF DISPUTE SETTLEMENT PROCEDURE
1. Each Party, when signing, ratifying, accepting, approving or acceding
to this Protocol, or at any time thereafter, may choose, by written
declaration, one or both of the following means for the settlement of
disputes concerning the interpretation or application of Articles 7, 8
and 15 and, except to the extent that an Annex provides otherwise, the
provisions of any Annex and, insofar as it relates to these Articles and
provisions, Article 13:
(a) the International Court of Justice;
(b) the Arbitral Tribunal.
2. A declaration made under paragraph 1 above shall not affect the
operation of Article 18 and Article 20 (2).
3. A Party which has not made a declaration under paragraph 1 above or
in respect of which a declaration is no longer in force shall be deemed
to have accepted the competence of the Arbitral Tribunal.
4. If the parties to a dispute have accepted the same means for the
settlement of a dispute, the dispute may be submitted only to that
procedure, unless the parties otherwise agree.
5. If the parties to a dispute have not accepted the same means for the
settlement of a dispute, or if they have both accepted both means, the
dispute may be submitted only to the Arbitral Tribunal, unless the
parties otherwise agree.
6. A declaration made under paragraph 1 above shall remain in force
until it expires in accordance with its terms or until three months after
written notice of revocation has been deposited with the Depositary.
7. A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending before the
International Court of Justice or the Arbitral Tribunal, unless the
parties to the dispute otherwise agree.
8. Declarations and notices referred to in this Article shall be
deposited with the Depositary who shall transmit copies thereof to all
Parties.
ARTICLE 20
DISPUTE SETTLEMENT PROCEDURE
1. If the parties to a dispute concerning the interpretation or
application of Articles 7, 8 or 15 or, except to the extent that an Annex
provides otherwise, the provisions of any Annex or, insofar as it relates
to these Articles and provisions, Article 13, have not agreed on a means
for resolving it within 12 months of the request for consultation
pursuant to Article 18, the dispute shall be referred, at the request of
any party to the dispute, for settlement in accordance with the procedure
determined by Article 19 (4) and (5).
2. The Arbitral Tribunal shall not be competent to decide or rule upon
any matter within the scope of Article IV of the Antarctic Treaty. In
addition, nothing in this Protocol shall be interpreted as conferring
competence or jurisdiction on the International Court of Justice or any
other tribunal established for the purpose of settling disputes between
Parties to decide or otherwise rule upon any matter within the scope of
Article IV of the Antarctic Treaty.
ARTICLE 21
SIGNATURE
This Protocol shall be open for signature at Madrid on the 4th of October
1991 and thereafter at Washington until the 3rd of October 1992 by any
State which is a Contracting Party to the Antarctic Treaty.
ARTICLE 22
RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
1. This Protocol is subject to ratification, acceptance or approval by
signatory States.
2. After the 3rd of October 1992 this Protocol shall be open for
accession by any State which is a Contracting Party to the Antarctic
Treaty.
3. Instruments of ratification, acceptance, approval or accession shall
be deposited with the Government of the United States of America, hereby
designated as the Depositary.
4. After the date on which this Protocol has entered into force, the
Antarctic Treaty Consultative Parties shall not act upon a notification
regarding the entitlement of a Contracting Party to the Antarctic Treaty
to appoint representatives to participate in Antarctic Treaty
Consultative Meetings in accordance with Article IX (2) of the Antarctic
Treaty unless that Contracting Party has first ratified, accepted,
approved or acceded to this Protocol.
ARTICLE 23
ENTRY INTO FORCE
1. This Protocol shall enter into force on the thirtieth day following
the date of deposit of instruments of ratification, acceptance, approval
or accession by all States which are Antarctic Treaty Consultative
Parties at the date on which this Protocol is adopted.
2. For each Contracting Party to the Antarctic Treaty which, subsequent
to the date of entry into force of this Protocol, deposits an instrument
of ratification, acceptance, approval or accession, this Protocol shall
enter into force on the thirtieth day following such deposit.
ARTICLE 24
RESERVATIONS
Reservations to this Protocol shall not be permitted.
ARTICLE 25
MODIFICATION OR AMENDMENT
1. Without prejudice to the provisions of Article 9, this Protocol may
be modified or amended at any time in accordance with the procedures set
forth in Article XII (1) (a) and (b) of the Antarctic Treaty.
2. If, after the expiration of 50 years from the date of entry into
force of this Protocol, any of the Antarctic Treaty Consultative Parties
so requests by a communication addressed to the Depositary, a conference
shall be held as soon as practicable to review the operation of this
Protocol.
3. A modification or amendment proposed at any Review Conference called
pursuant to paragraph 2 above shall be adopted by a majority of the
Parties, including 3/4 of the States which are Antarctic Treaty
Consultative Parties at the time of adoption of this Protocol.
4. A modification or amendment adopted pursuant to paragraph 3 above
shall enter into force upon ratification, acceptance, approval or
accession by 3/4 of the Antarctic Treaty Consultative Parties, including
ratification, acceptance, approval or accession by all States which are
Antarctic Treaty Consultative Parties at the time of adoption of this
Protocol.
5. (a) With respect to Article 7, the prohibition on Antarctic mineral
resource activities contained therein shall continue unless there is in
force a binding legal regime on Antarctic mineral resource activities
that includes an agreed means for determining whether, and, if so, under
which conditions, any such activities would be acceptable. This regime
shall fully safeguard the interests of all States referred to in Article
IV of the Antarctic Treaty and apply the principles thereof. Therefore,
if a modification or amendment to Article 7 is proposed at a Review
Conference referred to in paragraph 2 above, it shall include such a
binding legal regime.
(b) If any such modification or amendment has not entered into force
within 3 years of the date of its adoption, any Party may at any time
thereafter notify to the Depositary of its withdrawal from this Protocol,
and such withdrawal shall take effect 2 years after receipt of the
notification by the Depositary.
ARTICLE 26
NOTIFICATIONS BY THE DEPOSITARY
The Depositary shall notify all Contracting Parties to the Antarctic
Treaty of the following:
(a) signatures of this Protocol and the deposit of instruments of
ratification, acceptance, approval or accession;
(b) the date of entry into force of this Protocol and any
additional Annex thereto;
(c) the date of entry into force of any amendment or modification
to this Protocol;
(d) the deposit of declarations and notices pursuant to Article 19;
and
(e) any notification received pursuant to Article 25 (5) (b).
ARTICLE 27
AUTHENTIC TEXTS AND REGISTRATION WITH THE UNITED NATIONS
1. This Protocol, done in the English, French, Russian and Spanish
languages, each version being equally authentic, shall be deposited in
the archives of the Government of the United States of America, which
shall transmit duly certified copies thereof to all Contracting Parties
to the Antarctic Treaty.
2. This Protocol shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations.
SCHEDULE TO THE PROTOCOL
ARBITRATION
Article 1
1. The Arbitral Tribunal shall be constituted and shall function in
accordance with the Protocol, including this Schedule.
2. The Secretary referred to in this Schedule is the Secretary General
of the Permanent Court of Arbitration.
Article 2
1. Each Party shall be entitled to designate up to three Arbitrators, at
least one of whom shall be designated within three months of the entry
into force of the Protocol for that Party. Each Arbitrator shall be
experienced in Antarctic affairs, have thorough knowledge of
international law and enjoy the highest reputation for fairness,
competence and integrity. The names of the persons so designated shall
constitute the list of Arbitrators. Each Party shall at all times
maintain the name of at least one Arbitrator on the list.
2. Subject to paragraph 3 below, an Arbitrator designated by a Party
shall remain on the list for a period of five years and shall be eligible
for redesignation by that Party for additional five year periods.
3. A Party which designated an Arbitrator may withdraw the name of that
Arbitrator from the list. If an Arbitrator dies or if a Party for any
reason withdraws from the list the name of an Arbitrator designated by
it, the Party which designated the Arbitrator in question shall notify
the Secretary promptly.An Arbitrator whose name is withdrawn from the
list shall continue to serve on any Arbitral Tribunal to which that
Arbitrator has been appointed until the completion of proceedings before
the Arbitral Tribunal.
4. The Secretary shall ensure that an up-to-date list is maintained of
the Arbitrators designated pursuant to this Article.
Article 3
1. The Arbitral Tribunal shall be composed of three Arbitrators who
shall be appointed as follows:
(a) The party to the dispute commencing the proceedings shall appoint
one Arbitrator, who may be its national, from the list referred to
in Article 2. This appointment shall be included in the
notification referred to in Article 4.
(b) Within 40 days of the receipt of that notification, the other party
to the dispute shall appoint the second Arbitrator, who may be its
national, from the list referred to in Article 2.
(c) Within 60 days of the appointment of the second Arbitrator, the
parties to the dispute shall appoint by agreement the third
Arbitrator from the list referred to in Article 2.
The third Arbitrator shall not be either a national of a party to
the dispute, or a person designated for the list referred to in
Article 2 by a party to the dispute, or of the same nationality as
either of the first two Arbitrators. The third Arbitrator shall be
the Chairperson of the Arbitral Tribunal.
(d) If the second Arbitrator has not been appointed within the
prescribed period, or if the parties to the dispute have not
reached agreement within the prescribed period on the appointment
of the third Arbitrator, the Arbitrator or Arbitrators shall be
appointed, at the request of any party to the dispute and within 30
days of the receipt of such request, by the President of the
International Court of Justice from the list referred to in Article
2 and subject to the conditions prescribed in subparagraphs (b) and
(c) above. In performing the functions accorded him or her in this
subparagraph, the President of the Court shall consult the parties
to the dispute.
(e) If the President of the International Court of Justice is unable to
perform the functions accorded him or her in subparagraph (d) above
or is a national of a party to the dispute, the functions shall be
performed by the Vice-President of the Court, except that if the
Vice-President is unable to perform the functions or is a national
of a party to the dispute the functions shall be performed by the
next most senior member of the Court who is available and is not a
national of a party to the dispute.
2. Any vacancy shall be filled in the manner prescribed for the initial
appointment.
3. In any dispute involving more than two Parties, those Parties having
the same interest shall appoint one Arbitrator by agreement within the
period specified in paragraph 1 (b) above.
Article 4
The party to the dispute commencing proceedings shall so notify the other
party or parties to the dispute and the Secretary in writing. Such
notification shall include a statement of the claim and the grounds on
which it is based. The notification shall be transmitted by the
Secretary to all Parties.
Article 5
1. Unless the parties to the dispute agree otherwise, arbitration shall
take place at The Hague, where the records of the Arbitral Tribunal shall
be kept. The Arbitral Tribunal shall adopt its own rules of procedure.
Such rules shall ensure that each party to the dispute has a full
opportunity to be heard and to present its case and shall also ensure
that the proceedings are conducted expeditiously.
2. The Arbitral Tribunal may hear and decide counterclaims arising out
of the dispute.
Article 6
1. The Arbitral Tribunal, where it considers that prima facie it has
jurisdiction under the Protocol, may:
(a) at the request of any party to a dispute, indicate such provisional
measures as it considers necessary to preserve the respective
rights of the parties to the dispute;
(b) prescribe any provisional measures which it considers appropriate
under the circumstances to prevent serious harm to the Antarctic
environment or dependent or associated ecosystems.
2. The parties to the dispute shall comply promptly with any provisional
measures prescribed under paragraph 1 (b) above pending an award under
Article 10.
3. Notwithstanding the time period in Article 20 of the Protocol, a
party to a dispute may at any time, by notification to the other party or
parties to the dispute and to the Secretary in accordance with Article 4,
request that the Arbitral Tribunal be constituted as a matter of
exceptional urgency to indicate or prescribe emergency provisional
measures in accordance with this Article. In such case, the Arbitral
Tribunal shall be constituted as soon as possible in accordance with
Article 3, except that the time periods in Article 3 (1) (b),
(c) and (d) shall be reduced to 14 days in each case. The Arbitral
Tribunal shall decide upon the request for emergency provisional measures
within two months of the appointment of its Chairperson.
4. Following a decision by the Arbitral Tribunal upon a request for
emergency provisional measures in accordance with paragraph 3 above,
settlement of the dispute shall proceed in accordance with Articles 18,
19 and 20 of the Protocol.
Article 7
Any Party which believes it has a legal interest, whether general or
individual,which may be substantially affected by the award of an
Arbitral Tribunal, may,unless the Arbitral Tribunal decides otherwise,
intervene in the proceedings.
Article 8
The parties to the dispute shall facilitate the work of the Arbitral
Tribunal and, in particular, in accordance with their law and using all
means at their disposal, shall provide it with all relevant documents and
information, and enable it, when necessary, to call witnesses or experts
and receive their evidence.
Article 9
If one of the parties to the dispute does not appear before the Arbitral
Tribunal or fails to defend its case, any other party to the dispute may
request the Arbitral Tribunal to continue the proceedings and make its
award.
Article 10
1. The Arbitral Tribunal shall, on the basis of the provisions of the
Protocol and other applicable rules and principles of international law
that are not incompatible with such provisions, decide such disputes as
are submitted to it.
2. The Arbitral Tribunal may decide, ex aequo et bono, a dispute
submitted to it, if the parties to the dispute so agree.
Article 11
1. Before making its award, the Arbitral Tribunal shall satisfy itself
that it has competence in respect of the dispute and that the claim or
counterclaim is well founded in fact and law.
2. The award shall be accompanied by a statement of reasons for the
decision and shall be communicated to the Secretary who shall transmit it
to all Parties.
3. The award shall be final and binding on the parties to the dispute
and on any Party which intervened in the proceedings and shall be
complied with without delay. The Arbitral Tribunal shall interpret the
award at the request of a party to the dispute or of any intervening
Party.
4. The award shall have no binding force except in respect of that
particular case.
5. Unless the Arbitral Tribunal decides otherwise, the expenses of the
Arbitral Tribunal, including the remuneration of the Arbitrators, shall
be borne by the parties to the dispute in equal shares.
Article 12
All decisions of the Arbitral Tribunal, including those referred to in
Articles 5, 6 and 11, shall be made by a majority of the Arbitrators who
may not abstain from voting.
Article 13
This Schedule may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise,the amendment or modification shall be deemed
to have been approved, and shall become effective, one year after the
close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Antarctic Treaty Consultative Parties
notifies the Depositary, within that time period, that it wishes an
extension of that period or that it is unable to approve the measure.
2. Any amendment or modification of this Schedule which becomes
effective in accordance with paragraph 1 above shall thereafter become
effective as to any other Party when notice of approval by it has been
received by the Depositary.
ANNEX I TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO
THE ANTARCTIC TREATY
ENVIRONMENTAL IMPACT ASSESSMENT
ARTICLE 1
PRELIMINARY STAGE
1. The environmental impacts of proposed activities referred to in
Article 8 of the Protocol shall, before their commencement, be considered
in accordance with appropriate national procedures.
2. If an activity is determined as having less than a minor or
transitory impact, the activity may proceed forthwith.
ARTICLE 2
INITIAL ENVIRONMENTAL EVALUATION
1. Unless it has been determined that an activity will have less than a
minor or transitory impact, or unless a Comprehensive Environmental
Evaluation is being prepared in accordance with Article 3, an Initial
Environmental Evaluation shall be prepared. It shall contain sufficient
detail to assess whether a proposed activity may have more than a minor
or transitory impact and shall include:
(a) a description of the proposed activity, including its purpose,
location, duration, and intensity; and
(b) consideration of alternatives to the proposed activity and any
impacts that the activity may have, including consideration of
cumulative impacts in the light of existing and known planned
activities.
2. If an Initial Environmental Evaluation indicates that a proposed
activity is likely to have no more than a minor or transitory impact, the
activity may proceed, provided that appropriate procedures, which may
include monitoring, are put in place to assess and verify the impact of
the activity.
ARTICLE 3
COMPREHENSIVE ENVIRONMENTAL EVALUATION
1. If an Initial Environmental Evaluation indicates or if it is
otherwise determined that a proposed activity is likely to have more than
a minor or transitory impact, a Comprehensive Environmental Evaluation
shall be prepared.
2. A Comprehensive Environmental Evaluation shall include:
(a) a description of the proposed activity including its purpose,
location, duration and intensity, and possible alternatives to the
activity, including the alternative of not proceeding, and the
consequences of those alternatives;
(b) a description of the initial environmental reference state with
which predicted changes are to be compared and a prediction of the
future environmental reference state in the absence of the proposed
activity;
(c) a description of the methods and data used to forecast the impacts
of the proposed activity;
(d) estimation of the nature, extent, duration, and intensity of the
likely direct impacts of the proposed activity;
(e) consideration of possible indirect or second order impacts of the
proposed activity;
(f) consideration of cumulative impacts of the proposed activity in the
light of existing activities and other known planned activities;
(g) identification of measures, including monitoring programmes, that
could be taken to minimise or mitigate impacts of the proposed
activity and to detect unforeseen impacts and that could provide
early warning of any adverse effects of the activity as well as to
deal promptly and effectively with accidents;
(h) identification of unavoidable impacts of the proposed activity;
(i) consideration of the effects of the proposed activity on the
conduct of scientific research and on other existing uses and
values;
(j) an identification of gaps in knowledge and uncertainties
encountered in compiling the information required under this
paragraph;
(k) a non-technical summary of the information provided under this
paragraph; and
(l) the name and address of the person or organization which prepared
the Comprehensive Environmental Evaluation and the address to which
comments thereon should be directed.
3. The draft Comprehensive Environmental Evaluation shall be made
publicly available and shall be circulated to all Parties, which shall
also make it publicly available, for comment. A period of 90 days shall
be allowed for the receipt of comments.
4. The draft Comprehensive Environmental Evaluation shall be forwarded
to the Committee at the same time as it is circulated to the Parties, and
at least 120 days before the next Antarctic Treaty Consultative Meeting,
for consideration as appropriate.
5. No final decision shall be taken to proceed with the proposed
activity in the Antarctic Treaty area unless there has been an
opportunity for consideration of the draft Comprehensive Environmental
Evaluation by the Antarctic Treaty Consultative Meeting on the advice of
the Committee, provided that no decision to proceed with a proposed
activity shall be delayed through the operation of this paragraph for
longer than 15 months from the date of circulation of the draft
Comprehensive Environmental Evaluation.
6. A final Comprehensive Environmental Evaluation shall address and
shall include or summarise comments received on the draft Comprehensive
Environmental Evaluation. The final Comprehensive Environmental
Evaluation, notice of any decisions relating thereto, and any evaluation
of the significance of the predicted impacts in relation to the
advantages of the proposed activity, shall be circulated to all Parties,
which shall also make them publicly available, at least 60 days before
the commencement of the proposed activity in the Antarctic Treaty area.
ARTICLE 4
DECISIONS TO BE BASED ON COMPREHENSIVE
ENVIRONMENTAL EVALUATIONS
Any decision on whether a proposed activity, to which Article 3 applies,
should proceed, and, if so, whether in its original or in a modified
form, shall be based on the Comprehensive Environmental Evaluation as
well as other relevant considerations.
ARTICLE 5
MONITORING
1. Procedures shall be put in place, including appropriate monitoring of
key environmental indicators, to assess and verify the impact of any
activity that proceeds following the completion of a Comprehensive
Environmental Evaluation.
2. The procedures referred to in paragraph 1 above and in Article 2 (2)
shall be designed to provide a regular and verifiable record of the
impacts of the activity in order, inter alia, to:
(a) enable assessments to be made of the extent to which such impacts
are consistent with the Protocol; and
(b) provide information useful for minimising or mitigating impacts,
and, where appropriate, information on the need for suspension,
cancellation or modification of the activity.
ARTICLE 6
CIRCULATION OF INFORMATION
1. The following information shall be circulated to the Parties,
forwarded to the Committee and made publicly available:
(a) a description of the procedures referred to in Article 1;
(b) an annual list of any Initial Environmental Evaluations prepared in
accordance with Article 2 and any decisions taken in consequence
thereof;
(c) significant information obtained, and any action taken in
consequence thereof, from procedures put in place in accordance
with Articles 2 (2) and 5; and
(d) information referred to in Article 3 (6).
2. Any Initial Environmental Evaluation prepared in accordance with
Article 2 shall be made available on request.
ARTICLE 7
CASES OF EMERGENCY
1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft or equipment and facilities of
high value, or the protection of the environment, which require an
activity to be undertaken without completion of the procedures set out in
this Annex.
2. Notice of activities undertaken in cases of emergency, which would
otherwise have required preparation of a Comprehensive Environmental
Evaluation, shall be circulated immediately to all Parties and to the
Committee and a full explanation of the activities carried out shall be
provided within 90 days of those activities.
ARTICLE 8
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year after
the close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Antarctic Treaty Consultative Parties
notifies the Depositary, within that period, that it wishes an extension
of that period or that it is unable to approve the measure.
2. Any amendment or modification of this Annex which becomes effective
in accordance with paragraph 1 above shall thereafter become effective as
to any other Party when notice of approval by it has been received by the
Depositary.
ANNEX II TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO
THE ANTARCTIC TREATY
CONSERVATION OF ANTARCTIC FAUNA AND FLORA
Article 1
DEFINITIONS
For the purposes of this Annex:
(a) "native mammal" means any member of any species belonging to the
Class Mammalia, indigenous to the Antarctic Treaty area or
occurring there seasonally through natural migrations;
(b) "native bird" means any member, at any stage of its life cycle
(including eggs), of any species of the Class Aves indigenous to
the Antarctic Treaty area or occurring there seasonally through
natural migrations;
(c) "native plant" means any terrestrial or freshwater vegetation,
including bryophytes, lichens, fungi and algae, at any stage of its
life cycle (including seeds, and other propagules), indigenous to
the Antarctic Treaty area;
(d) "native invertebrate" means any terrestrial or freshwater
invertebrate, at any stage of its life cycle, indigenous to the
Antarctic Treaty area;
(e) "appropriate authority" means any person or agency authorized by a
Party to issue permits under this Annex;
(f) "permit" means a formal permission in writing issued by an
appropriate authority;
(g) "take" or "taking" means to kill, injure, capture, handle or
molest, a native mammal or bird, or to remove or damage such
quantities of native plants that their local distribution or
abundance would be significantly affected;
(h) "harmful interference" means:
(i) flying or landing helicopters or other aircraft in a manner
that disturbs concentrations of birds and seals;
(ii) using vehicles or vessels, including hovercraft and small
boats, in a manner that disturbs concentrations of birds and
seals;
(iii) using explosives or firearms in a manner that disturbs
concentrations of birds and seals;
(iv) wilfully disturbing breeding or moulting birds or
concentrations of birds and seals by persons on foot;
(v) significantly damaging concentrations of native terrestrial
plants by landing aircraft, driving vehicles, or walking on
them, or by other means; and
(vi) any activity that results in the significant adverse
modification of habitats of any species or population of
native mammal, bird, plant or invertebrate.
(i) "International Convention for the Regulation of Whaling" means the
Convention done at Washington on 2 December 1946.
ARTICLE 2
CASES OF EMERGENCY
1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft, or equipment and facilities
of high value, or the protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.
Article 3
PROTECTION OF NATIVE FAUNA AND FLORA
1. Taking or harmful interference shall be prohibited, except in
accordance with a permit.
2. Such permits shall specify the authorized activity, including when,
where and by whom it is to be conducted and shall be issued only in the
following circumstances:
(a) to provide specimens for scientific study or scientific
information;
(b) to provide specimens for museums, herbaria, zoological and
botanical gardens, or other educational or cultural institutions or
uses; and
(c) to provide for unavoidable consequences of scientific activities
not otherwise authorized under sub-paragraphs (a) or (b) above, or
of the construction and operation of scientific support facilities.
3. The issue of such permits shall be limited so as to ensure that:
(a) no more native mammals, birds, or plants are taken than are
strictly necessary to meet the purposes set forth in paragraph 2
above;
(b) only small numbers of native mammals or birds are killed and in no
case more native mammals or birds are killed from local populations
than can, in combination with other permitted takings, normally be
replaced by natural reproduction in the following season; and
(c) the diversity of species, as well as the habitats essential to
their existence, and the balance of the ecological systems existing
within the Antarctic Treaty area are maintained.
4. Any species of native mammals, birds and plants listed in Appendix A
to this Annex shall be designated "Specially Protected Species", and
shall be accorded special protection by the Parties.
5. A permit shall not be issued to take a Specially Protected Species
unless the taking:
(a) is for a compelling scientific purpose;
(b) will not jeopardize the survival or recovery of that species or
local population; and
(c) uses non-lethal techniques where appropriate.
6. All taking of native mammals and birds shall be done in the manner
that involves the least degree of pain and suffering practicable.
Article 4
INTRODUCTION OF NON-NATIVE SPECIES, PARASITES AND DISEASES
1. No species of animal or plant not native to the Antarctic Treaty area
shall be introduced onto land or ice shelves, or into water in the
Antarctic Treaty area except in accordance with a permit.
2. Dogs shall not be introduced onto land or ice shelves and dogs
currently in those areas shall be removed by April 1, 1994.
3. Permits under paragraph 1 above shall be issued to allow the
importation only of the animals and plants listed in Appendix B to this
Annex and shall specify the species, numbers and, if appropriate, age and
sex and precautions to be taken to prevent escape or contact with native
fauna and flora.
4. Any plant or animal for which a permit has been issued in accordance
with paragraphs 1 and 3 above, shall, prior to expiration of the permit,
be removed from the Antarctic Treaty area or be disposed of by
incineration or equally effective means that eliminates risk to native
fauna or flora. The permit shall specify this obligation. Any other
plant or animal introduced into the Antarctic Treaty area not native to
that area, including any progeny, shall be removed or disposed of, by
incineration or by equally effective means, so as to be rendered sterile,
unless it is determined that they pose no risk to native flora or fauna.
5. Nothing in this Article shall apply to the importation of food into
the Antarctic Treaty area provided that no live animals are imported for
this purpose and all plants and animal parts and products are kept under
carefully controlled conditions and disposed of in accordance with Annex
III to the Protocol and Appendix C to this Annex.
6. Each Party shall require that precautions, including those listed in
Appendix C to this Annex, be taken to prevent the introduction of
micro-organisms (e.g., viruses, bacteria, parasites, yeasts, fungi) not
present in the native fauna and flora.
Article 5
INFORMATION
Each Party shall prepare and make available information setting forth, in
particular, prohibited activities and providing lists of Specially
Protected Species and relevant Protected Areas to all those persons
present in or intending to enter the Antarctic Treaty area with a view to
ensuring that such persons understand and observe the provisions of this
Annex.
ARTICLE 6
EXCHANGE OF INFORMATION
1. The Parties shall make arrangements for:
(a) collecting and exchanging records (including records of permits)
and statistics concerning the numbers or quantities of each species
of native mammal, bird or plant taken annually in the Antarctic
Treaty area;
(b) obtaining and exchanging information as to the status of native
mammals, birds, plants, and invertebrates in the Antarctic Treaty
area, and the extent to which any species or population needs
protection;
(c) establishing a common form in which this information shall be
submitted by Parties in accordance with paragraph 2 below.
2. Each Party shall inform the other Parties as well as the Committee
before the end of November of each year of any step taken pursuant to
paragraph 1 above and of the number and nature of permits issued under
this Annex in the preceding period of 1st July to 30th June.
ARTICLE 7
RELATIONSHIP WITH OTHER AGREEMENTS
OUTSIDE THE ANTARCTIC TREATY SYSTEM
Nothing in this Annex shall derogate from the rights and obligations of
Parties under the International Convention for the Regulation of Whaling.
ARTICLE 8
REVIEW
The Parties shall keep under continuing review measures for the
conservation of Antarctic fauna and flora, taking into account any
recommendations from the Committee.
ARTICLE 9
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year after
the close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Antarctic Treaty Consultative Parties
notifies the Depositary, within that time period, that it wishes an
extension of that period or that it is unable to approve the measure.
2. Any amendment or modification of this Annex which becomes effective
in accordance with paragraph 1 above shall thereafter become effective as
to any other Party when notice of approval by it has been received by the
Depositary.
APPENDICES TO THE ANNEX
APPENDIX A:
SPECIALLY PROTECTED SPECIES
All species of the genus Arctocephalus, Fur Seals.
Ommatophoca rossii, Ross Seal.
APPENDIX B:
IMPORTATION OF ANIMALS AND PLANTS
The following animals and plants may be imported into the Antarctic
Treaty area in accordance with permits issued under Article 4 of this
Annex:
(a) domestic plants; and
(b) laboratory animals and plants including viruses, bacteria, yeasts
and fungi.
APPENDIX C:
PRECAUTIONS TO PREVENT INTRODUCTION OF MICRO-ORGANISMS
1. Poultry. No live poultry or other living birds shall be brought into
the Antarctic Treaty area. Before dressed poultry is packaged for
shipment to the Antarctic Treaty area, it shall be inspected for evidence
of disease, such as Newcastle's Disease, tuberculosis, and yeast
infection. Any poultry or parts not consumed shall be removed from the
Antarctic Treaty area or disposed of by incineration or equivalent means
that eliminates risks to native flora and fauna.
2. The importation of non-sterile soil shall be avoided to the maximum
extent practicable.
ANNEX III TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO
THE ANTARCTIC TREATY
WASTE DISPOSAL AND WASTE MANAGEMENT
ARTICLE 1
GENERAL OBLIGATIONS
1. This Annex shall apply to activities undertaken in the Antarctic
Treaty area pursuant to scientific research programmes, tourism and all
other governmental and nongovernmental activities in the Antarctic Treaty
area for which advance notice is required under Article VII (5) of the
Antarctic Treaty, including associated logistic support activities.
2. The amount of wastes produced or disposed of in the Antarctic Treaty
area shall be reduced as far as practicable so as to minimise impact on
the Antarctic environment and to minimise interference with the natural
values of Antarctica, with scientific research and with other uses of
Antarctica which are consistent with the Antarctic Treaty.
3. Waste storage, disposal and removal from the Antarctic Treaty area,
as well as recycling and source reduction, shall be essential
considerations in the planning and conduct of activities in the Antarctic
Treaty area.
4. Wastes removed from the Antarctic Treaty area shall, to the maximum
extent practicable, be returned to the country from which the activities
generating the waste were organized or to any other country in which
arrangements have been made for the disposal of such wastes in accordance
with relevant international agreements.
5. Past and present waste disposal sites on land and abandoned work
sites of Antarctic activities shall be cleaned up by the generator of
such wastes and the user of such sites. This obligation shall not be
interpreted as requiring:
(a) the removal of any structure designated as a historic site or
monument; or
(b) the removal of any structure or waste material in circumstances
where the removal by any practical option would result in greater
adverse environmental impact than leaving the structure or waste
material in its existing location.
ARTICLE 2
WASTE DISPOSAL BY REMOVAL FROM THE ANTARCTIC TREATY AREA
1. The following wastes, if generated after entry into force of this
Annex, shall be removed from the Antarctic Treaty area by the generator
of such wastes:
(a) radio-active materials;
(b) electrical batteries;
(c) fuel, both liquid and solid;
(d) wastes containing harmful levels of heavy metals or acutely toxic
or harmful persistent compounds;
(e) poly-vinyl chloride (PVC), polyurethane foam, polystyrene foam,
rubber and lubricating oils, treated timbers and other products
which contain additives that could produce harmful emissions if
incinerated;
(f) all other plastic wastes, except low density polyethylene
containers (such as bags for storing wastes), provided that such
containers shall be incinerated in accordance with Article 3 (1);
(g) fuel drums; and
(h) other solid, non-combustible wastes;
provided that the obligation to remove drums and solid non-combustible
wastes contained in subparagraphs (g) and (h) above shall not apply in
circumstances where the removal of such wastes by any practical option
would result in greater adverse environmental impact than leaving them in
their existing locations.
2. Liquid wastes which are not covered by paragraph 1 above and sewage
and domestic liquid wastes, shall, to the maximum extent practicable, be
removed from the Antarctic Treaty area by the generator of such wastes.
3. The following wastes shall be removed from the Antarctic Treaty area
by the generator of such wastes, unless incinerated, autoclaved or
otherwise treated to be made sterile:
(a) residues of carcasses of imported animals;
(b) laboratory culture of micro-organisms and plant pathogens; and
(c) introduced avian products.
ARTICLE 3
WASTE DISPOSAL BY INCINERATION
1. Subject to paragraph 2 below, combustible wastes, other than those
referred to in Article 2 (1), which are not removed from the Antarctic
Treaty area shall be burnt in incinerators which to the maximum extent
practicable reduce harmful emissions. Any emission standards and
equipment guidelines which may be recommended by, inter alia, the
Committee and the Scientific Committee on Antarctic Research shall be
taken into account. The solid residue of such incineration shall be
removed from the Antarctic Treaty area.
2. All open burning of wastes shall be phased out as soon as
practicable, but no later than the end of the 1998/1999 season. Pending
the completion of such phase-out, when it is necessary to dispose of
wastes by open burning, allowance shall be made for the wind direction
and speed and the type of wastes to be burnt to limit particulate
deposition and to avoid such deposition over areas of special biological,
scientific, historic, aesthetic or wilderness significance including, in
particular, areas accorded protection under the Antarctic Treaty.
ARTICLE 4
OTHER WASTE DISPOSAL ON LAND
1. Wastes not removed or disposed of in accordance with Articles 2 and 3
shall not be disposed of onto ice-free areas or into fresh water systems.
2. Sewage, domestic liquid wastes and other liquid wastes not removed
from the Antarctic Treaty area in accordance with Article 2, shall, to
the maximum extent practicable, not be disposed of onto sea ice, ice
shelves or the grounded ice-sheet, provided that such wastes which are
generated by stations located inland on ice shelves or on the grounded
ice-sheet may be disposed of in deep ice pits where such disposal is the
only practicable option. Such pits shall not be located on known
ice-flow lines which terminate at ice-free areas or in areas of high
ablation.
3. Wastes generated at field camps shall, to the maximum extent
practicable, be removed by the generator of such wastes to supporting
stations or ships for disposal in accordance with this Annex.
ARTICLE 5
DISPOSAL OF WASTE IN THE SEA
1. Sewage and domestic liquid wastes may be discharged directly into the
sea, taking into account the assimilative capacity of the receiving
marine environment and provided that:
(a) such discharge is located, wherever practicable, where conditions
exist for initial dilution and rapid dispersal; and
(b) large quantities of such wastes (generated in a station where the
average weekly occupancy over the austral summer is approximately
30 individuals or more) shall be treated at least by maceration.
2. The by-product of sewage treatment by the Rotary Biological
Contracter process or similar processes may be disposed of into the sea
provided that such disposal does not adversely affect the local
environment, and provided also that any such disposal at sea shall be in
accordance with Annex IV to the Protocol.
ARTICLE 6
STORAGE OF WASTE
All wastes to be removed from the Antarctic Treaty area, or otherwise
disposed of, shall be stored in such a way as to prevent their dispersal
into the environment.
ARTICLE 7
PROHIBITED PRODUCTS
No polychlorinated biphenyls (PCBs), non-sterile soil, polystyrene beads,
chips or similar forms of packaging, or pesticides (other than those
required for scientific, medical or hygiene purposes) shall be introduced
onto land or ice shelves or into water in the Antarctic Treaty area.
ARTICLE 8
WASTE MANAGEMENT PLANNING
1. Each Party which itself conducts activities in the Antarctic Treaty
area shall, in respect of those activities, establish a waste disposal
classification system as a basis for recording wastes and to facilitate
studies aimed at evaluating the environmental impacts of scientific
activity and associated logistic support. To that end, wastes produced
shall be classified as:
(a) sewage and domestic liquid wastes (Group 1);
(b) other liquid wastes and chemicals, including fuels and lubricants
(Group 2);
(c) solids to be combusted (Group 3);
(d) other solid wastes (Group 4); and
(e) radioactive material (Group 5).
2. In order to reduce further the impact of waste on the Antarctic
environment, each such Party shall prepare and annually review and update
its waste management plans (including waste reduction, storage and
disposal), specifying for each fixed site, for field camps generally, and
for each ship (other than small boats that are part of the operations of
fixed sites or of ships and taking into account existing management plans
for ships):
(a) programmes for cleaning up existing waste disposal sites and
abandoned work sites;
(b) current and planned waste management arrangements, including final
disposal;
(c) current and planned arrangements for analysing the environmental
effects of waste and waste management; and
(d) other efforts to minimise any environmental effects of wastes and
waste management.
3. Each such Party shall, as far as is practicable, also prepare an
inventory of locations of past activities (such as traverses, fuel
depots, field bases, crashed aircraft) before the information is lost, so
that such locations can be taken into account in planning future
scientific programmes (such as snow chemistry, pollutants in lichens or
ice core drilling).
ARTICLE 9
CIRCULATION AND REVIEW OF WASTE MANAGEMENT PLANS
1. The waste management plans prepared in accordance with Article 8,
reports on their implementation, and the inventories referred to in
Article 8 (3), shall be included in the annual exchanges of information
in accordance with Articles III and VII of the Antarctic Treaty and
related Recommendations under Article IX of the Antarctic Treaty.
2. Each Party shall send copies of its waste management plans, and
reports on their implementation and review, to the Committee.
3. The Committee may review waste management plans and reports thereon
and may offer comments, including suggestions for minimising impacts and
modifications and improvement to the plans, for the consideration of the
Parties.
4. The Parties may exchange information and provide advice on, inter
alia, available low waste technologies, reconversion of existing
installations, special requirements for effluents, and appropriate
disposal and discharge methods.
ARTICLE 10
MANAGEMENT PRACTICES
Each Party shall:
(a) designate a waste management official to develop and monitor waste
management plans; in the field, this responsibility shall be
delegated to an appropriate person at each site;
(b) ensure that members of its expeditions receive training designed to
limit the impact of its operations on the Antarctic environment and
to inform them of requirements of this Annex; and
(c) discourage the use of poly-vinyl chloride (PVC) products and ensure
that its expeditions to the Antarctic Treaty area are advised of
any PVC products they may introduce into that area in order that
these products may be removed subsequently in accordance with this
Annex.
ARTICLE 11
REVIEW
This Annex shall be subject to regular review in order to ensure that it
is updated to reflect improvement in waste disposal technology and
procedures and to ensure thereby maximum protection of the Antarctic
environment.
ARTICLE 12
CASES OF EMERGENCY
1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft or equipment and facilities of
high value or the protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.
ARTICLE 13
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year after
the close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Antarctic Treaty Consultative Parties
notifies the Depositary, within that time period, that it wishes an
extension of that period or that it is unable to approve the amendment.
2. Any amendment or modification of this Annex which becomes effective
in accordance with paragraph 1 above shall thereafter become effective as
to any other Party when notice of approval by it has been received by the
Depositary.
ANNEX IV TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION
TO THE ANTARCTIC TREATY
PREVENTION OF MARINE POLLUTION
ARTICLE 1
DEFINITIONS
For the purposes of this Annex:
(a) "discharge" means any release howsoever caused from a ship and
includes any escape, disposal, spilling, leaking, pumping, emitting
or emptying;
(b) "garbage" means all kinds of victual, domestic and operational
waste excluding fresh fish and parts thereof, generated during the
normal operation of the ship, except those substances which are
covered by Articles 3 and 4;
(c) "MARPOL 73/78" means the International Convention for the
Prevention of Pollution from Ships, 1973, as amended by the
Protocol of 1978 relating thereto and by any other amendment in
force thereafter;
(d) "noxious liquid substance" means any noxious liquid substance as
defined in Annex II of MARPOL 73/78;
(e) "oil" means petroleum in any form including crude oil, fuel oil,
sludge, oil refuse and refined oil products (other than
petrochemicals which are subject to the provisions of Article 4);
(f) "oily mixture" means a mixture with any oil content; and
(g) "ship" means a vessel of any type whatsoever operating in the
marine environment and includes hydrofoil boats, air-cushion
vehicles, submersibles, floating craft and fixed or floating
platforms.
ARTICLE 2
APPLICATION
This Annex applies, with respect to each Party, to ships entitled to fly
its flag and to any other ship engaged in or supporting its Antarctic
operations, while operating in the Antarctic Treaty area.
ARTICLE 3
DISCHARGE OF OIL
1. Any discharge into the sea of oil or oily mixture shall be
prohibited, except in cases permitted under Annex I of MARPOL 73/78.
While operating in the Antarctic Treaty area, ships shall retain on board
all sludge, dirty ballast, tank washing waters and other oily residues
and mixtures which may not be discharged into the sea. Ships shall
discharge these residues only outside the Antarctic Treaty area, at
reception facilities or as otherwise permitted under Annex I of MARPOL
73/78.
2. This Article shall not apply to:
(a) the discharge into the sea of oil or oily mixture resulting from
damage to a ship or its equipment:
(i) provided that all reasonable precautions have been taken after
the occurrence of the damage or discovery of the discharge for the
purpose of preventing or minimising the discharge; and
(ii) except if the owner or the Master acted either with intent to
cause damage, or recklessly and with the knowledge that damage
would probably result; or
(b) the discharge into the sea of substances containing oil which are
being used for the purpose of combating specific pollution
incidents in order to minimise the damage from pollution.
ARTICLE 4
DISCHARGE OF NOXIOUS LIQUID SUBSTANCES
The discharge into the sea of any noxious liquid substance, and any other
chemical or other substances, in quantities or concentrations that are
harmful to the marine environment, shall be prohibited.
ARTICLE 5
DISPOSAL OF GARBAGE
1. The disposal into the sea of all plastics, including but not limited
to synthetic ropes, synthetic fishing nets, and plastic garbage bags,
shall be prohibited.
2. The disposal into the sea of all other garbage, including paper
products, rags, glass, metal, bottles, crockery, incineration ash,
dunnage, lining and packing materials, shall be prohibited.
3. The disposal into the sea of food wastes may be permitted when they
have been passed through a comminuter or grinder, provided that such
disposal shall, except in cases permitted under Annex V of MARPOL 73/78,
be made as far as practicable from land and ice shelves but in any case
not less than 12 nautical miles from the nearest land or ice shelf. Such
comminuted or ground food wastes shall be capable of passing through a
screen with openings no greater than 25 millimeters.
4. When a substance or material covered by this article is mixed with
other such substance or material for discharge or disposal, having
different disposal or discharge requirements, the most stringent disposal
or discharge requirements shall apply.
5. The provisions of paragraphs 1 and 2 above shall not apply to:
(a) the escape of garbage resulting from damage to a ship or its
equipment provided all reasonable precautions have been taken,
before and after the occurrence of the damage, for the purpose of
preventing or minimising the escape; or
(b) the accidental loss of synthetic fishing nets, provided all
reasonable precautions have been taken to prevent such loss.
6. The Parties shall, where appropriate, require the use of garbage
record books.
ARTICLE 6
DISCHARGE OF SEWAGE
1. Except where it would unduly impair Antarctic operations:
(a) each Party shall eliminate all discharge into the sea of untreated
sewage("sewage" being defined in Annex IV of MARPOL 73/78) within
12 nautical miles of land or ice shelves;
(b) beyond such distance, sewage stored in a holding tank shall not be
discharged instantaneously but at a moderate rate and, where
practicable, while the ship is en route at a speed of no less than
4 knots. This paragraph does not apply to ships certified to
carry not more than 10 persons.
2. The Parties shall, where appropriate, require the use of sewage
record books.
ARTICLE 7
CASES OF EMERGENCY
1. Articles 3, 4, 5 and 6 of this Annex shall not apply in cases of
emergency relating to the safety of a ship and those on board or saving
life at sea.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.
ARTICLE 8
EFFECT ON DEPENDENT AND ASSOCIATED ECOSYSTEMS
In implementing the provisions of this Annex, due consideration shall be
given to the need to avoid detrimental effects on dependent and
associated ecosystems,outside the Antarctic Treaty area.
ARTICLE 9
SHIP RETENTION CAPACITY AND RECEPTION FACILITIES
1. Each Party shall undertake to ensure that all ships entitled to fly
its flag and any other ship engaged in or supporting its Antarctic
operations, before entering the Antarctic Treaty area, are fitted with a
tank or tanks of sufficient capacity on board for the retention of all
sludge, dirty ballast, tank washing water and other oily residues and
mixtures, and have sufficient capacity on board for the retention of
garbage, while operating in the Antarctic Treaty area and have concluded
arrangements to discharge such oily residues and garbage at a reception
facility after leaving that area. Ships shall also have sufficient
capacity on board for the retention of noxious liquid substances.
2. Each Party at whose ports ships depart en route to or arrive from the
Antarctic Treaty area undertakes to ensure that as soon as practicable
adequate facilities are provided for the reception of all sludge, dirty
ballast, tank washing water, other oily residues and mixtures, and
garbage from ships, without causing undue delay, and according to the
needs of the ships using them.
3. Parties operating ships which depart to or arrive from the Antarctic
Treaty area at ports of other Parties shall consult with those Parties
with a view to ensuring that the establishment of port reception
facilities does not place an inequitable burden on Parties adjacent to
the Antarctic Treaty area.
ARTICLE 10
DESIGN, CONSTRUCTION, MANNING AND EQUIPMENT OF SHIPS
In the design, construction, manning and equipment of ships engaged in or
supporting Antarctic operations, each Party shall take into account the
objectives of this Annex.
ARTICLE 11
SOVEREIGN IMMUNITY
1. This Annex shall not apply to any warship, naval auxiliary or other
ship owned or operated by a State and used, for the time being, only on
government non-commercial service. However, each Party shall ensure by
the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships owned or operated by it, that such
ships act in a manner consistent, so far as is reasonable and
practicable, with this Annex.
2. In applying paragraph 1 above, each Party shall take into account the
importance of protecting the Antarctic environment.
3. Each Party shall inform the other Parties of how it implements this
provision.
4. The dispute settlement procedure set out in Articles 18 to 20 of the
Protocol shall not apply to this Article.
ARTICLE 12
PREVENTIVE MEASURES AND EMERGENCY PREPAREDNESS AND RESPONSE
1. In order to respond more effectively to marine pollution emergencies
or the threat thereof in the Antarctic Treaty area, the Parties, in
accordance with Article 15 of the Protocol, shall develop contingency
plans for marine pollution response in the Antarctic Treaty area,
including contingency plans for ships (other than small boats that are
part of the operations of fixed sites or of ships) operating in the
Antarctic Treaty area, particularly ships carrying oil as cargo, and for
oil spills, originating from coastal installations, which enter into the
marine environment. To this end they shall:
(a) co-operate in the formulation and implementation of such plans; and
(b) draw on the advice of the Committee, the International Maritime
Organization and other international organizations.
2. The Parties shall also establish procedures for co-operative response
to pollution emergencies and shall take appropriate response actions in
accordance with such procedures.
ARTICLE 13
REVIEW
The Parties shall keep under continuous review the provisions of this
Annex and other measures to prevent, reduce and respond to pollution of
the Antarctic marine environment, including any amendments and new
regulations adopted under MARPOL 73/78, with a view to achieving the
objectives of this Annex.
ARTICLE 14
RELATIONSHIP WITH MARPOL 73/78
With respect to those Parties which are also Parties to MARPOL 73/78,
nothing in this Annex shall derogate from the specific rights and
obligations thereunder.
ARTICLE 15
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year after
the close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Antarctic Treaty Consultative Parties
notifies the Depositary, within that time period, that it wishes an
extension of that period or that it is unable to approve the measure.
2. Any amendment or modification of this Annex which becomes effective
in accordance with paragraph 1 above shall thereafter become effective as
to any other Party when notice of approval by it has been received by the
Depositary.