44
(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 Antarctica for the
conduct of scientific research; such judgments shall take 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:
65
(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.
A
RTICLE
4
R
ELATIONSHIP WITH THE OTHER
C
OMPONENTS OF THE
A
NTARCTIC
T
REATY 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.
A
RTICLE
5
C
ONSISTENCY WITH THE OTHER
C
OMPONENTS OF THE
A
NTARCTIC
T
REATY 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.
A
RTICLE
6
C
O
-
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.
55
2.
Each Party undertakes, to the extent possible, to share information that may be
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.
A
RTICLE
7
P
ROHIBITION OF
M
INERAL
R
ESOURCE
A
CTIVITIES
Any activity relating to mineral resources, other than scientific research, shall be
prohibited.
A
RTICLE
8
E
NVIRONMENTAL
I
MPACT
A
SSESSMENT
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.
64
A
RTICLE
9
A
NNEXES
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 Depository.
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.
A
RTICLE
10
A
NTARCTIC
T
REATY
C
ONSULTATIVE
M
EETINGS
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.
A
RTICLE
11
C
OMMITTEE FOR
E
NVIRONMENTAL
P
ROTECTION
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
50
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.
A
RTICLE
12
F
UNCTIONS OF THE
C
OMMITTEE
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.
54
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.
A
RTICLE
13
C
OMPLIANCE WITH THIS
P
ROTOCOL
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.
A
RTICLE
14
I
NSPECTION
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
57
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.
A
RTICLE
15
E
MERGENCY
R
ESPONSE
A
CTION
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 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; 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.
A
RTICLE
16
L
IABILITY
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).
A
RTICLE
17
A
NNUAL
R
EPORT BY
P
ARTIES
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
57
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.
A
RTICLE
18
D
ISPUTE
S
ETTLEMENT
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.
A
RTICLE
19
C
HOICE OF
D
ISPUTE
S
ETTLEMENT
P
ROCEDURE
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.
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