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Antarctica - Valued, Protected, Understood

  »  Introducing the Madrid Protocol
  »  The Madrid Protocol - Preamble
  »  Articles 1 to 10
  »  Articles 11 to 27
  »  Schedule to the Protocol - Arbitration
  »  Annex I - Environmental impact assessment
  »  Annex II - Conservation of Antarctic fauna and flora
  »  Annex III - Waste disposal and waste management
  »  Annex IV - Prevention of marine pollution
  »  Annex V - Area protection and management
  »  Annex VI - Liability arising from environmental emergencies

Articles 1 to 10

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 of 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 judgements 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 all 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 programs, 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 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 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 other Components of the Antarctic Treaty System

The Parties shall consult and cooperate 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: Cooperation

1 The Parties shall cooperate in the planning and conduct of activities in the Antarctic Treaty area. To this end, each Party shall endeavour to:

    (a) promote cooperative programs 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 minimise 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 station sand 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 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.

Article 7: Prohibition of Mineral Resource Activities

Any activity relating to mineral resources, other than scientific research, shall be prohibited.

Article 8: Environmental Impact and 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 programs, 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.