Protocol on Environmental Protection

 

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.

 

Author: international

Mentioned in these Entries

Protocol on Environmental Protection, The Antarctic Treaty.