
See the ENTRI query system for information about the status of this treaty.
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
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

For related treaties please consult the following list:
See the ENTRI query system for information about the status of this treaty.
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 o
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

For related treaties please consult the following list:
See the ENTRI query system for information about the status of this treaty.
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
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

For related treaties please consult the following list:
See the ENTRI query system for information about the status of this treaty.
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
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

For related treaties please consult the following list:
See the ENTRI query system for information about the status of this treaty.
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 P
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
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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 a
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).

For related treaties please consult the following list:
See the ENTRI query system for information about the status of this treaty.
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 thereaf
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)
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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
implement