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Text of 2.1.4 - Protocol on Environmental Protection to the Antarctic Treaty, 1991

Bureau of Oceans and International Environmental and Scientific Affairs
U.S. Department of State
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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 Antarctica 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 Antarctica 
and the special responsibility of the Antarctic Treaty Consultative 
Parties to ensure that all activities in Antarctica are consistent with 
the purposes and principles of the Antarctic Treaty;
  Recalling the designation of Antarctica 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 Antarctica 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 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:
     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:  Cooperation

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 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 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 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.

Article 16:  Liability

Consistent with the objectives of this Protocol for the comprehensive 
protection of the Antarctic environment and dependent and associated 
ecosystems, the Parties undertake to elaborate rules and procedures 
relating to liability for damage arising from activities taking place 
in the Antarctic Treaty area and covered by this Protocol.  Those rules 
and procedures shall be included in one or more Annexes to be adopted 
in accordance with Article 9 (2).

Article 17:  Annual report by Parties

1.  Each Party shall report annually on the steps taken to implement 
this Protocol.  Such reports shall include notifications made in 
accordance with Article 13 (3), contingency plans established in 
accordance with Article 15 and any other notifications and information 
called for pursuant to this Protocol for which there is no other 
provision concerning the circulation and exchange of information.
2.  Reports made in accordance with paragraph 1 above shall be 
circulated to all Parties and to the Committee, considered at the next 
Antarctic Treaty Consultative Meeting, and made publicly available.

Article 18:  Dispute settlement

If a dispute arises concerning the interpretation or application of 
this Protocol, the parties to the dispute shall, at the request of any 
one of them, consult among themselves as soon as possible with a view 
to having the dispute resolved by negotiation, inquiry, mediation, 
conciliation, arbitration, judicial settlement or other peaceful means 
to which the parties to the dispute agree.

Article 19:  Choice of dispute settlement procedure

1.  Each Party, when signing, ratifying, accepting, approving or 
acceding to this Protocol, or at any time thereafter, may choose, by 
written declaration, one or both of the following means for the 
settlement of disputes concerning the interpretation or application of 
Articles 7, 8 and 15 and, except to the extent that an Annex provides 
otherwise, the provisions of any Annex and, insofar as it relates to 
these Articles and provisions, Article 13:
     a.     the International Court of Justice;
     b.     the Arbitral Tribunal.
2.  A declaration made under paragraph 1 above shall not affect the 
operation of Article 18 and Article 20 (2).
3.  A Party which has not made a declaration under paragraph 1 above or 
in respect of which a declaration is no longer in force shall be deemed 
to have accepted the competence of the Arbitral Tribunal.
4.  If the parties to a dispute have accepted the same means for the 
settlement of a dispute, the dispute may be submitted only to that 
procedure, unless the parties otherwise agree.
5.  If the parties to a dispute have not accepted the same means for 
the settlement of a dispute, or if they have both accepted both means, 
the dispute may be submitted only to the Arbitral Tribunal, unless the 
parties otherwise agree.
6.  A declaration made under paragraph 1 above shall remain in force 
until it expires in accordance with its terms or until three months 
after written notice of revocation has been deposited with the 
Depositary.
7.  A new declaration, a notice of revocation or the expiry of a 
declaration shall not in any way affect proceedings pending before the 
International Court of Justice or the Arbitral Tribunal, unless the 
parties to the dispute otherwise agree.
8.  Declarations and notices referred to in this Article shall be 
deposited with the Depositary who shall transmit copies thereof to all 
Parties.

Article 20:  Dispute settlement procedure

1.  If the parties to a dispute concerning the interpretation or 
application of Articles 7, 8 or 15 or, except to the extent that an 
Annex provides otherwise, the provisions of any Annex or, insofar as it 
relates to these Articles and provisions, Article 13, have not agreed 
on a means for resolving it within 12 months of the request for 
consultation pursuant to Article 18, the dispute shall be referred, at 
the request of any party to the dispute, for settlement in accordance 
with the procedure determined by Article 19 (4) and (5).
2.  The Arbitral Tribunal shall not be competent to decide or rule upon 
any matter within the scope of Article IV of the Antarctic Treaty.  In 
addition, nothing in this Protocol shall be interpreted as conferring 
competence or jurisdiction on the International Court of Justice or any 
other tribunal established for the purpose of settling disputes between 
Parties to decide or otherwise rule upon any matter within the scope of 
Article IV of the Antarctic Treaty.

Article 21:  Signature

This Protocol shall be open for signature at Madrid on the 4th of 
October 1991 and thereafter at Washington until the 3rd of October 1992 
by any State which is a Contracting Party to the Antarctic Treaty.

Article 22:  Ratification, acceptance, approval or accession

1.  This Protocol is subject to ratification, acceptance or approval by 
signatory States.
2.  After the 3rd of October 1992 this Protocol shall be open for 
accession by any State which is a Contracting Party to the Antarctic 
Treaty.
3.  Instruments of ratification, acceptance, approval or accession 
shall be deposited with the Government of the United States of America, 
hereby designated as the Depositary.
4.  After the date on which this Protocol has entered into force, the 
Antarctic Treaty Consultative Parties shall not act upon a notification 
regarding the entitlement of a Contracting Party to the Antarctic 
Treaty to appoint representatives to participate in Antarctic Treaty 
Consultative Meetings in accordance with Article IX (2) of the 
Antarctic Treaty unless that Contracting Party has first ratified, 
accepted, approved or acceded to this Protocol.

Article 23:  Entry into force

1.  This Protocol shall enter into force on the thirtieth day following 
the date of deposit of instruments of ratification, acceptance, 
approval or accession by all States which are Antarctic Treaty 
Consultative Parties at the date on which this Protocol is adopted.
2.  For each Contracting Party to the Antarctic Treaty which, 
subsequent to the date of entry into force of this Protocol, deposits 
an instrument of ratification, acceptance, approval or accession, this 
Protocol shall enter into force on the thirtieth day following such 
deposit.

Article 24:  Reservations

Reservations to this Protocol shall not be permitted.

Article 25:  Modification or amendment

1.  Without prejudice to the provisions of Article 9, this Protocol may 
be modified or amended at any time in accordance with the procedures 
set forth in Article XII (1) (a) and (b) of the Antarctic Treaty.
2.  If, after the expiration of 50 years from the date of entry into 
force of this Protocol, any of the Antarctic Treaty Consultative 
Parties so requests by a communication addressed to the Depositary, a 
conference shall be held as soon as practicable to review the operation 
of this Protocol.
3.  A modification or amendment proposed at any Review Conference 
called pursuant to paragraph 2 above shall be adopted by a majority of 
the Parties, including 3/4 of the States which are Antarctic Treaty 
Consultative Parties at the time of adoption of this Protocol.
4.  A modification or amendment adopted pursuant to paragraph 3 above 
shall enter into force upon ratification, acceptance, approval or 
accession by 3/4 of the Antarctic Treaty Consultative Parties, 
including ratification, acceptance, approval or accession by all States 
which are Antarctic Treaty Consultative Parties at the time of adoption 
of this Protocol.
5.   a.     With respect to Article 7, the prohibition on Antarctic 
mineral resource activities contained therein shall continue unless 
there is in force a binding legal regime on Antarctic mineral resource 
activities that includes an agreed means for determining whether, and, 
if so, under which conditions, any such activities would be acceptable.  
This regime shall fully safeguard the interests of all States referred 
to in Article IV of the Antarctic Treaty and apply the principles 
thereof.  Therefore, if a modification or amendment to Article 7 is 
proposed at a Review Conference referred to in paragraph 2 above, it 
shall include such a binding legal regime.
     b.     If any such modification or amendment has not entered into 
force within 3 years of the date of its adoption, any Party may at any 
time thereafter notify to the Depositary of its withdrawal from this 
Protocol, and such withdrawal shall take effect 2 years after receipt 
of the notification by the Depositary.

Article 26:  Notifications by the Depositary

The Depositary shall notify all Contracting Parties to the Antarctic 
Treaty of the following:
     a.     signatures of this Protocol and the deposit of instruments 
of ratification, acceptance, approval or accession;
     b.      the date of entry into force of this Protocol and any 
additional Annex thereto;
     c.     the date of entry into force of any amendment or 
modification to this Protocol;
     d.     the deposit of declarations and notices pursuant to Article 
19; and
     e.     any notification received pursuant to Article 25 (5) (b).

Article 27:  Authentic texts and registration with the United Nations

1.  This Protocol, done in the English, French, Russian and Spanish 
languages, each version being equally authentic, shall be deposited in 
the archives of the Government of the United States of America, which 
shall transmit duly certified copies thereof to all Contracting Parties 
to the Antarctic Treaty.
2.  This Protocol shall be registered by the Depositary pursuant to 
Article 102 of the Charter of the United Nations.

Schedule to the Protocol:  Arbitration

Article 1

1. The Arbitral Tribunal shall be constituted and shall function in 
accordance with the Protocol, including this Schedule.
2.  The Secretary referred to in this Schedule is the Secretary General 
of the Permanent Court of Arbitration.

Article 2

1.  Each Party shall be entitled to designate up to three Arbitrators, 
at least one of whom shall be designated within three months of the 
entry into force of the Protocol for that Party.  Each Arbitrator shall 
be experienced in Antarctic affairs, have thorough knowledge of 
international law and enjoy the highest reputation for fairness, 
competence and integrity.  The names of the persons so designated shall 
constitute the list of Arbitrators.  Each Party shall at all times 
maintain the name of at least one Arbitrator on the list.
2.  Subject to paragraph 3 below, an Arbitrator designated by a Party 
shall remain on the list for a period of five years and shall be 
eligible for redesignation by that Party for additional five year 
periods.
3.  A Party which designated an Arbitrator may withdraw the name of 
that Arbitrator from the list.  If an Arbitrator dies or if a Party for 
any reason withdraws from the list the name of an Arbitrator designated 
by it, the Party which designated the Arbitrator in question shall 
notify the Secretary promptly.  An Arbitrator whose name is withdrawn 
from the list shall continue to serve on any Arbitral Tribunal to which 
that Arbitrator has been appointed until the completion of proceedings 
before the Arbitral Tribunal.
4.  The Secretary shall ensure that an up-to-date list is maintained of 
the Arbitrators designated pursuant to this Article.

Article 3

1.  The Arbitral Tribunal shall be composed of three Arbitrators who 
shall be appointed as follows:
     a.     The party to the dispute commencing the proceedings shall 
appoint one Arbitrator, who may be its national, from the list referred 
to in Article 2.  This appointment shall be included in the 
notification referred to in Article 4.
     b.     Within 40 days of the receipt of that notification, the 
other party to the dispute shall appoint the second Arbitrator, who may 
be its national, from the list referred to in Article 2.
     c.     Within 60 days of the appointment of the second Arbitrator, 
the parties to the dispute shall appoint by agreement the third 
Arbitrator from the list referred to in Article 2.  The third 
Arbitrator shall not be either a national of a party to the dispute, or 
a person designated for the list referred to in Article 2 by a party to 
the dispute, or of the same nationality as either of the first two 
Arbitrators.  The third Arbitrator shall be the Chairperson of the 
Arbitral Tribunal.
     d.     If the second Arbitrator has not been appointed within the 
prescribed period, or if the parties to the dispute have not reached 
agreement within the prescribed period on the appointment of the third 
Arbitrator, the Arbitrator or Arbitrators shall be appointed, at the 
request of any party to the dispute and within 30 days of the receipt 
of such request, by the President of the International Court of Justice 
from the list referred to in Article 2 and subject to the conditions 
prescribed in subparagraphs (b) and (c) above.  In performing the 
functions accorded him or her in this subparagraph, the President of 
the Court shall consult the parties to the dispute.
     e.     If the President of the International Court of Justice is 
unable to perform the functions accorded him or her in subparagraph (d) 
above or is a national of a party to the dispute, the functions shall 
be performed by the Vice-President of the Court, except that if the 
Vice-President is unable to perform the functions or is a national of a 
party to the dispute the functions shall be performed by the next most 
senior member of the Court who is available and is not a national of a 
party to the dispute.
2.  Any vacancy shall be filled in the manner prescribed for the 
initial appointment.
3.  In any dispute involving more than two Parties, those Parties 
having the same interest shall appoint one Arbitrator by agreement 
within the period specified in paragraph l (b) above.

Article 4

The party to the dispute commencing proceedings shall so notify the 
other party or parties to the dispute and the Secretary in writing.  
Such notification shall include a statement of the claim and the 
grounds on which it is based.  The notification shall be transmitted by 
the Secretary to all Parties.

Article 5

1.  Unless the parties to the dispute agree otherwise, arbitration 
shall take place at The Hague, where the records of the Arbitral 
Tribunal shall be kept.  The Arbitral Tribunal shall adopt its own 
rules of procedure.  Such rules shall ensure that each party to the 
dispute has a full opportunity to be heard and to present its case and 
shall also ensure that the proceedings are conducted expeditiously.
2.  The Arbitral Tribunal may hear and decide counterclaims arising out 
of the dispute.

Article 6

1.  The Arbitral Tribunal, where it considers that prima facie it has 
jurisdiction under the Protocol, may:
     a.     at the request of any party to a dispute, indicate such 
provisional measures as it considers necessary to preserve the 
respective rights of the parties to the dispute;
     b.     prescribe any provisional measures which it considers 
appropriate under the circumstances to prevent serious harm to the 
Antarctic environment or dependent or associated ecosystems.
2.  The parties to the dispute shall comply promptly with any 
provisional measures prescribed under paragraph 1 (b) above pending an 
award under Article 10.
3.  Notwithstanding the time period in Article 20 of the Protocol, a 
party to a dispute may at any time, by notification to the other party 
or parties to the dispute and to the Secretary in accordance with 
Article 4, request that the Arbitral Tribunal be constituted as a 
matter of exceptional urgency to indicate or prescribe emergency 
provisional measures in accordance with this Article.  In such case, 
the Arbitral Tribunal shall be constituted as soon as possible in 
accordance with Article 3, except that the time periods in Article 3 
(1) (b), (c) and (d) shall be reduced to 14 days in each case.  The 
Arbitral Tribunal shall decide upon the request for emergency 
provisional measures within two months of the appointment of its 
Chairperson.
4.  Following a decision by the Arbitral Tribunal upon a request for 
emergency provisional measures in accordance with paragraph 3 above, 
settlement of the dispute shall proceed in accordance with Articles 18, 
19 and 20 of the Protocol.

Article 7

Any Party which believes it has a legal interest, whether general or 
individual, which may be substantially affected by the award of an 
Arbitral Tribunal, may, unless the Arbitral Tribunal decides otherwise, 
intervene in the proceedings.

Article 8

The parties to the dispute shall facilitate the work of the Arbitral 
Tribunal and, in particular, in accordance with their law and using all 
means at their disposal, shall provide it with all relevant documents 
and information, and enable it, when necessary, to call witnesses or 
experts and receive their evidence.

Article 9

If one of the parties to the dispute does not appear before the 
Arbitral Tribunal or fails to defend its case, any other party to the 
dispute may request the Arbitral Tribunal to continue the proceedings 
and make its award.

Article 10

1.  The Arbitral Tribunal shall, on the basis of the provisions of the 
Protocol and other applicable rules and principles of international law 
that are not incompatible with such provisions, decide such disputes as 
are submitted to it.
2.  The Arbitral Tribunal may decide, ex aequo et bono, a dispute 
submitted to it, if the parties to the dispute so agree.

Article 11

1.  Before making its award, the Arbitral Tribunal shall satisfy itself 
that it has competence in respect of the dispute and that the claim or 
counterclaim is well founded in fact and law.
2.  The award shall be accompanied by a statement of reasons for the 
decision and shall be communicated to the Secretary who shall transmit 
it to all Parties.
3.  The award shall be final and binding on the parties to the dispute 
and on any Party which intervened in the proceedings and shall be 
complied with without delay.  The Arbitral Tribunal shall interpret the 
award at the request of a party to the dispute or of any intervening 
Party.
4.  The award shall have no binding force except in respect of that 
particular case.
5.  Unless the Arbitral Tribunal decides otherwise, the expenses of the 
Arbitral Tribunal, including the remuneration of the Arbitrators, shall 
be borne by the parties to the dispute in equal shares.

Article 12

All decisions of the Arbitral Tribunal, including those referred to in 
Articles 5, 6 and 11, shall be made by a majority of the Arbitrators 
who may not abstain from voting.

Article 13

1.  This Schedule may be amended or modified by a measure adopted in 
accordance with Article IX (1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that time period, that it 
wishes an extension of that period or that it is unable to approve the 
measure.
2.  Any amendment or modification of this Schedule which becomes 
effective in accordance with paragraph 1 above shall thereafter become 
effective as to any other Party when notice of approval by it has been 
received by the Depositary.

ANNEX I TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC
TREATY. 

Article 1:  Preliminary stage

1.  The environmental impacts of proposed activities referred to in 
Article 8 of the Protocol shall, before their commencement, be 
considered in accordance with appropriate national procedures.
2.  If an activity is determined as having less than a minor or 
transitory impact, the activity may proceed forthwith.

Article 2:  Initial environmental evaluation

1.  Unless it has been determined that an activity will have less than 
a minor or transitory impact, or unless a Comprehensive Environmental 
Evaluation is being prepared in accordance with Article 3, an Initial 
Environmental Evaluation shall be prepared.  It shall contain 
sufficient detail to assess whether a proposed activity may have more 
than a minor or transitory impact and shall include:
     a.     a description of the proposed activity, including its 
purpose, location, duration and intensity; and
     b.     consideration of alternatives to the proposed activity and 
any impacts that the activity may have, including consideration of 
cumulative impacts in the light of existing and known planned 
activities.
2.  If an Initial Environmental Evaluation indicates that a proposed 
activity is likely to have no more than a minor or transitory impact, 
the activity may proceed, provided that appropriate procedures, which 
may include monitoring, are put in place to assess and verify the 
impact of the activity.

Article 3:  Comprehensive Environmental Evaluation

1.  If an Initial Environmental Evaluation indicates or if it is 
otherwise determined that a proposed activity is likely to have more 
than a minor or transitory impact, a Comprehensive Environmental 
Evaluation shall be prepared.
2.  A Comprehensive Environmental Evaluation shall include:
     a.     a description of the proposed activity including its 
purpose, location, duration and intensity, and possible alternatives to 
the activity, including the alternative of not proceeding, and the 
consequences of those alternatives;
     b.     a description of the initial environmental reference state 
with which predicted changes are to be compared and a prediction of the 
future environmental reference state in the absence of the proposed 
activity;
     c.     a description of the methods and data used to forecast the 
impacts of the proposed activity;
     d.     estimation of the nature, extent, duration, and intensity 
of the likely direct impacts of the proposed activity;
     e.     consideration of possible indirect or second order impacts 
of the proposed activity;
     f.     consideration of cumulative impacts of the proposed 
activity in the light of existing activities and other known planned 
activities;
     g.     identification of measures, including monitoring 
programmes, that could be taken to minimise or mitigate impacts of the 
proposed activity and to detect unforeseen impacts and that could 
provide early warning of any adverse effects of the activity as well as 
to deal promptly and effectively with accidents;
     h.     identification of unavoidable impacts of the proposed 
activity;
     i.     consideration of the effects of the proposed activity on 
the conduct of scientific research and on other existing uses and 
values;
     j.     an identification of gaps in knowledge and uncertainties 
encountered in compiling the information required under this paragraph;
     k.     a non-technical summary of the information provided under 
this paragraph; and
     l.     the name and address of the person or organization which 
prepared the Comprehensive Environmental Evaluation and the address to 
which comments thereon should be directed.
3.  The draft Comprehensive Environmental Evaluation shall be made 
publicly available and shall be circulated to all Parties, which shall 
also make it publicly available, for comment.  A period of 90 days 
shall be allowed for the receipt of comments.
4.  The draft Comprehensive Environmental Evaluation shall be forwarded 
to the Committee at the same time as it is circulated to the Parties, 
and at least 120 days before the next Antarctic Treaty Consultative 
Meeting, for consideration as appropriate.
5.  No final decision shall be taken to proceed with the proposed 
activity in the Antarctic Treaty area unless there has been an 
opportunity for consideration of the draft Comprehensive Environmental 
Evaluation by the Antarctic Treaty Consultative Meeting on the advice 
of the Committee, provided that no decision to proceed with a proposed 
activity shall be delayed through the operation of this paragraph for 
longer than 15 months from the date of circulation of the draft 
Comprehensive Environmental Evaluation.
6.  A final Comprehensive Environmental Evaluation shall address and 
shall include or summarise comments received on the draft Comprehensive 
Environmental Evaluation.  The final Comprehensive Environmental 
Evaluation, notice of any decisions relating thereto, and any 
evaluation of the significance of the predicted impacts in relation to 
the advantages of the proposed activity, shall be circulated to all 
Parties, which shall also make them publicly available, at least 60 
days before the commencement of the proposed activity in the Antarctic 
Treaty area.

Article 4:  Decisions to be based on comprehensive environmental 
evaluations

Any decision on whether a proposed activity, to which Article  3 
applies, should proceed, and, if so, whether in its original or in a 
modified form, shall be based on the Comprehensive Environmental 
Evaluation as well as other relevant considerations.

Article 5:  Monitoring

1.  Procedures shall be put in place, including appropriate monitoring 
of key environmental indicators, to assess and verify the impact of any 
activity that proceeds following the completion of a Comprehensive 
Environmental Evaluation.
2.  The procedures referred to in paragraph 1 above and in Article 2 
(2) shall be designed to provide a regular and verifiable record of the 
impacts of the activity in order, inter alia, to:
     a.     enable assessments to be made of the extent to which such 
impacts are consistent with the Protocol; and
     b.     provide information useful for minimising or mitigating 
impacts, and, where appropriate, information on the need for 
suspension, cancellation or modification of the activity.

Article 6:  Circulation of information

1.  The following information shall be circulated to the Parties, 
forwarded to the Committee and made publicly available:
     a.     a description of the procedures referred to in Article 1;
     b.     an annual list of any Initial Environmental Evaluations 
prepared in accordance with Article 2 and any decisions taken in 
consequence thereof;
     c.     significant information obtained, and any action taken in 
consequence thereof, from procedures put in place in accordance with 
Articles 2 (2) and 5; and
     d.     information referred to in Article 3 (6).
2.  Any Initial Environmental Evaluation prepared in accordance with 
Article 2 shall be made available on request.

Article 7:  Cases of emergency

1.  This Annex shall not apply in cases of emergency relating to the 
safety of human life or of ships, aircraft or equipment and facilities 
of high value, or the protection of the environment, which require an 
activity to be undertaken without completion of the procedures set out 
in this Annex.
2.  Notice of activities undertaken in cases of emergency, which would 
otherwise have required preparation of a Comprehensive Environmental 
Evaluation, shall be circulated immediately to all Parties and to the 
Committee and a full explanation of the activities carried out shall be 
provided within 90 days of those activities.

Article 8:  Amendment or modification

1.  This Annex may be amended or modified by a measure adopted in 
accordance with Article IX (1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that period, that it wishes an 
extension of that period or that it is unable to approve the measure.
2.  Any amendment or modification of this Annex which becomes effective 
in accordance with paragraph 1 above shall thereafter become effective 
as to any other Party when notice of approval by it has been received 
by the Depositary.

ANNEX II TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC 
TREATY.

CONSERVATION OF ANTARCTIC FAUNA AND FLORA

Article 1:  Definitions

For the purposes of this Annex:
        a.     'native mammal' means any member of any species 
belonging to the Class Mammalia, indigenous to the Antarctic Treaty 
area or occurring there seasonally through natural migrations;
        b.     'native bird' means any member, at any stage of its life 
cycle (including eggs), of any species of the Class Aves indigenous to 
the Antarctic Treaty area or occurring there seasonally through natural 
migrations;
        c.     'native plant' means any terrestrial or freshwater 
vegetation, including bryophytes, lichens, fungi and algae, at any 
stage of its life cycle (including seeds, and other propagules), 
indigenous to the Antarctic Treaty area;
        d.     'native invertebrate' means any terrestrial or 
freshwater invertebrate, at any stage of its life cycle, indigenous to 
the Antarctic Treaty area;
        e.     'appropriate authority' means any person or agency 
authorized by a Party to issue permits under this Annex;
        f.     'permit' means a formal permission in writing issued by 
an appropriate authority;
        g.     'take' or 'taking' means to kill, injure, capture, 
handle or molest, a native mammal or bird, or to remove or damage such 
quantities of native plants that their local distribution or abundance 
would be significantly affected;
        h.     'harmful interference' means:
          i.     flying or landing helicopters or other aircraft in a 
manner that disturbs concentrations of birds and seals;
          ii.     using vehicles or vessels, including hovercraft and 
small boats, in a manner that disturbs concentrations of birds and 
seals;
          iii.     using explosives or firearms in a manner that 
disturbs concentrations of birds and seals;
          iv.     wilfully disturbing breeding or moulting birds or 
concentrations of birds and seals by persons on foot;
          v.     significantly damaging concentrations of native 
terrestrial plants by landing aircraft, driving vehicles, or walking on 
them, or by other means; and
          vi.     any activity that results in the significant adverse 
modification of habitats of any species or population of native mammal, 
bird, plant or invertebrate.
        i.     'International Convention for the Regulation of Whaling' 
means the Convention done at Washington on 2 December 1946.

Article 2:  Cases of emergency

1.  This Annex shall not apply in cases of emergency relating to the 
safety of human life or of ships, aircraft, or equipment and facilities 
of high value, or the protection of the environment.
2.  Notice of activities undertaken in cases of emergency shall be 
circulated immediately to all Parties and to the Committee.

Article 3:  Protection of native fauna and flora

1.  Taking or harmful interference shall be prohibited, except in 
accordance with a permit.
2.  Such permits shall specify the authorized activity, including when, 
where and by whom it is to be conducted and shall be issued only in the 
following circumstances:
        a.     to provide specimens for scientific study or scientific 
information;
        b.     to provide specimens for museums, herbaria, zoological 
and botanical gardens, or other educational or cultural institutions or 
uses; and
        c.     to provide for unavoidable consequences of scientific 
activities not otherwise authorized under sub-paragraphs (a) or (b) 
above, or of the construction and operation of scientific support 
facilities.
3.  The issue of such permits shall be limited so as to ensure that:
        a.     no more native mammals, birds, or plants are taken than 
are strictly necessary to meet the purposes set forth in paragraph 2 
above;
        b.     only small numbers of native mammals or birds are killed 
and in no case more native mammals or birds are killed from local 
populations than can, in combination with other permitted takings, 
normally be replaced by natural reproduction in the following season; 
and
        c.     the diversity of species, as well as the habitats 
essential to their existence, and the balance of the ecological systems 
existing within the Antarctic Treaty are maintained.
4.  Any species of native mammals, birds and plants listed in Appendix 
A to this Annex shall be designated 'Specially Protected Species', and 
shall be accorded special protection by the Parties.
5.  A permit shall not be issued to take a Specially Protected Species 
unless the taking:
        a.     is for a compelling scientific purpose;
        b.     will not jeopardize the survival or recovery of that 
species or local population; and
        c.     uses non-lethal techniques where appropriate.
6.  All taking of native mammals and birds shall be done in the manner 
that involves the least degree of pain and suffering practicable.

Article 4:  Introduction of non-native species, parasites and diseases

1.  No species of animal or plant not native to the Antarctic Treaty 
area shall be introduced onto land or ice shelves, or into water in the 
Antarctic Treaty area except in accordance with a permit.
2.  Dogs shall not be introduced onto land or ice shelves and dogs 
currently in those areas shall be removed by April 1, 1994.
3.  Permits under paragraph 1 above shall be issued to allow the 
importation only of the animals and plants listed in Appendix B to this 
Annex and shall specify the species, numbers and, if appropriate, age 
and sex and precautions to be taken to prevent escape or contact with 
native fauna and flora.
4.  Any plant or animal for which a permit has been issued in 
accordance with paragraphs 1 and 3 above, shall, prior to expiration of 
the permit, be removed from the Antarctic Treaty area or be disposed of 
by incineration or equally effective means that eliminates risk to 
native fauna or flora.  The permit shall specify this obligation.  Any 
other plant or animal introduced into the Antarctic Treaty area not 
native to that area, including any progeny, shall be removed or 
disposed of, by incineration or by equally effective means, so as to be 
rendered sterile, unless it is determined that they pose no risk to 
native flora or fauna.
5.  Nothing in this Article shall apply to the importation of food into 
the Antarctic Treaty area provided that no live animals are imported 
for this purpose and all plants and animal parts and products are kept 
under carefully controlled conditions and disposed of in accordance 
with Annex III to the Protocol and Appendix C to this Annex.
6.  Each Party shall require that precautions, including those listed 
in Appendix C to this Annex, be taken to prevent the introduction of 
micro-organisms (e.g., viruses, bacteria, parasites, yeasts, fungi) not 
present in the native fauna and flora.

Article 5:  Information

Each Party shall prepare and make available information setting forth, 
in particular, prohibited activities and providing lists of Specially 
Protected Species and relevant Protected Areas to all those persons 
present in or intending to enter the Antarctic Treaty area with a view 
to ensuring that such persons understand and observe the provisions of 
this Annex.

Article 6:  Exchange of information

1.  The Parties shall make arrangements for:
        a.     collecting and exchanging records (including records of 
permits) and statistics concerning the numbers or quantities of each 
species of native mammal, bird or plant taken annually in the Antarctic 
Treaty area;
        b.     obtaining and exchanging information as to the status of 
native mammals, birds, plants, and invertebrates in the Antarctic 
Treaty area, and the extent to which any species or population needs 
protection;
        c.     establishing a common form in which this information 
shall be submitted by Parties in accordance with paragraph 2 below.
2.  Each Party shall inform the other Parties as well as the Committee 
before the end of November of each year of any step taken pursuant to 
paragraph 1 above and of the number and nature of permits issued under 
this Annex in the preceding period of 1st July to 30th June.

Article 7:  Relationship with other agreements outside the Antarctic 
Treaty System

Nothing in this Annex shall derogate from the rights and obligations of 
Parties under the International Convention for the Regulation of 
Whaling.

Article 8:  Review

The Parties shall keep under continuing review measures for the 
conservation of Antarctic fauna and flora, taking into account any 
recommendations from the Committee.

Article 9:  Amendment or modification

1.  This Annex may be amended or modified by a measure adopted in 
accordance with Article IX (1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that time period, that it 
wishes an extension of that period or that it is unable to approve the 
measure.
2.  Any amendment or modification of this Annex which becomes effective 
in accordance with paragraph 1 above shall thereafter become effective 
as to any other Party when notice of approval by it has been received 
by the Depositary.

Appendices to the Annex

Appendix A:  Specially Protected Species

All species of the genus Arctocephalus, Fur Seals.  Ommatophoca rossii, 
Ross Seal.

Appendix B: Importation of animals and plants

The following animals and plants may be imported into the Antarctic 
Treaty area in accordance with permits issued under Article 4 of this 
Annex:
        a.     domestic plants; and
        b.     laboratory animals and plants including viruses, 
bacteria, yeasts and fungi.

Appendix C: Precautions to prevent introductions of micro-organisms

1. Poultry.  No live poultry or other living birds shall be brought 
into the Antarctic Treaty area.  Before dressed poultry is packaged for 
shipment to the Antarctic Treaty area, it shall be inspected for 
evidence of disease, such as Newcastle's Disease, tuberculosis, and 
yeast infection.  Any poultry or parts not consumed shall be removed 
from the Antarctic Treaty area or disposed of by incineration or 
equivalent means that eliminates risks to native flora and fauna.
2.  The importation of non-sterile soil shall be avoided to the maximum 
extent practicable.

ANNEX III TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC 
TREATY.

WASTE DISPOSAL AND WASTE MANAGEMENT

Article 1:  General obligations

1.  This Annex shall apply to activities undertaken in the Antarctic 
Treaty area pursuant to scientific research programmes, tourism and all 
other governmental and 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.
2.  The amount of wastes produced or disposed of in the Antarctic 
Treaty area shall be reduced as far as practicable so as to minimise 
impact on the Antarctic environment and to minimise interference with 
the natural values of Antarctica, with scientific research and with 
other uses of Antarctica which are consistent with the Antarctic 
Treaty.
3.  Waste storage, disposal and removal from the Antarctic Treaty area, 
as well as recycling and source reduction, shall be essential 
considerations in the planning and conduct of activities in the 
Antarctic Treaty area.
4.  Wastes removed from the Antarctic Treaty area shall, to the maximum 
extent practicable, be returned to the country from which the 
activities generating the waste were organized or to any other country 
in which arrangements have been made for the disposal of such wastes in 
accordance with relevant international agreements.
5.  Past and present waste disposal sites on land and abandoned work 
sites of Antarctic activities shall be cleaned up by the generator of 
such wastes and the user of such sites.  This obligation shall not be 
interpreted as requiring:
     a.     the removal of any structure designated as a historic site 
or monument; or
     b.     the removal of any structure or waste material in 
circumstances where the removal by any practical option would result in 
greater adverse environmental impact than leaving the structure or 
waste material in its existing location.

Article 2:  Waste disposal by removal from the Antarctic Treaty Area

1.  The following wastes, if generated after entry into force of this 
Annex, shall be removed from the Antarctic Treaty area by the generator 
of such wastes:
     a.     radio-active materials;
     b.     electrical batteries;
     c.     fuel, both liquid and solid;
     d.     wastes containing harmful levels of heavy metals or acutely 
toxic or harmful persistent compounds;
     e.     poly-vinyl chloride (PVC), polyurethane foam, polystyrene 
foam, rubber and lubricating oils, treated timbers and other products 
which contain additives that could produce harmful emissions if 
incinerated;
     f.     all other plastic wastes, except low density polyethylene 
containers (such as bags for storing wastes), provided that such 
containers shall be incinerated in accordance with Article 3 (1);
     g.     fuel drums; and
     h.     other solid, non-combustible wastes;
provided that the obligation to remove drums and solid non-combustible 
wastes contained in subparagraphs (g) and (h) above shall not apply in 
circumstances where the removal of such wastes by any practical option 
would result in greater adverse environmental impact than leaving them 
in their existing locations.
2.  Liquid wastes which are not covered by paragraph 1 above and sewage 
and domestic liquid wastes, shall, to the maximum extent practicable, 
be removed from the Antarctic Treaty area by the generator of such 
wastes.
3.  The following wastes shall be removed from the Antarctic Treaty 
area by the generator of such wastes, unless incinerated, autoclaved or 
otherwise treated to be made sterile:
     a.     residues of carcasses of imported animals;
     b.     laboratory culture of micro-organisms and plant pathogens; 
and
     c.     introduced avian products.

Article 3:  Waste disposal by incineration

1.  Subject to paragraph 2 below, combustible wastes, other than those 
referred to in Article 2 (1), which are not removed from the Antarctic 
Treaty area shall be burnt in incinerators which to the maximum extent 
practicable reduce harmful emissions.  Any emission standards and 
equipment guidelines which may be recommended by, inter alia, the 
Committee and the Scientific Committee on Antarctic Research shall be 
taken into account.  The solid residue of such incineration shall be 
removed from the Antarctic Treaty area.
2.  All open burning of wastes shall be phased out as soon as 
practicable, but no later than the end of the 1998/1999 season.  
Pending the completion of such phase-out, when it is necessary to 
dispose of wastes by open burning, allowance shall be made for the wind 
direction and speed and the type of wastes to be burnt to limit 
particulate deposition and to avoid such deposition over areas of 
special biological, scientific, historic, aesthetic or wilderness 
significance including, in particular, areas accorded protection under 
the Antarctic Treaty.

Article 4:  Other waste disposal on land

1.  Wastes not removed or disposed of in accordance with Articles 2 and 
3 shall not be disposed of onto ice-free areas or into fresh water 
systems.
2.  Sewage, domestic liquid wastes and other liquid wastes not removed 
from the Antarctic Treaty area in accordance with Article 2, shall, to 
the maximum extent practicable, not be disposed of onto sea ice, ice 
shelves or the grounded ice-sheet, provided that such wastes which are 
generated by stations located inland on ice shelves or on the grounded 
ice-sheet may be disposed of in deep ice pits where such disposal is 
the only practicable option.  Such pits shall not be located on known 
ice-flow lines which terminate at ice-free areas or in areas of high 
ablation.
3.  Wastes generated at field camps shall, to the maximum extent 
practicable, be removed by the generator of such wastes to supporting 
stations or ships for disposal in accordance with this Annex.

Article 5:  Disposal of waste in the sea

1.  Sewage and domestic liquid wastes may be discharged directly into 
the sea, taking into account the assimilative capacity of the receiving 
marine environment and provided that:
     a.     such discharge is located, wherever practicable, where 
conditions exist for initial dilution and rapid dispersal; and
     b.     large quantities of such wastes (generated in a station 
where the average weekly occupancy over the austral summer is 
approximately 30 individuals or more) shall be treated at least by 
maceration.
2.  The by-product of sewage treatment by the Rotary Biological 
Contacter process or similar processes may be disposed of into the sea 
provided that such disposal does not adversely affect the local 
environment, and provided also that any such disposal at sea shall be 
in accordance with Annex IV to the Protocol.

Article 6:  Storage of waste

All wastes to be removed from the Antarctic Treaty area, or otherwise 
disposed of, shall be stored in such a way as to prevent their 
dispersal into the environment.

Article 7:  Prohibited products

No polychlorinated biphenyls (PCBs), non-sterile soil, polystyrene 
beads, chips or similar forms of packaging, or pesticides (other than 
those required for scientific, medical or hygiene purposes) shall be 
introduced onto land or ice shelves or into water in the Antarctic 
Treaty area.

Article 8:  Waste management planning

1.  Each Party which itself conducts activities in the Antarctic Treaty 
area shall, in respect of those activities, establish a waste disposal 
classification system as a basis for recording wastes and to facilitate 
studies aimed at evaluating the environmental impacts of scientific 
activity and associated logistic support.  To that end, wastes produced 
shall be classified as:
     a.     sewage and domestic liquid wastes (Group 1);
     b.     other liquid wastes and chemicals, including fuels and 
lubricants (Group 2);
     c.     solids to be combusted (Group 3);
     d.     other solid wastes (Group 4); and
     e.     radioactive material (Group 5).
2.  In order to reduce further the impact of waste on the Antarctic 
environment, each such Party shall prepare and annually review and 
update its waste management plans (including waste reduction, storage 
and disposal), specifying for each fixed site, for field camps 
generally, and for each ship (other than small boats that are part of 
the operations of fixed sites or of ships and taking into account 
existing management plans for ships):
     a.     programmes for cleaning up existing waste disposal sites 
and abandoned work sites;
     b.     current and planned waste management arrangements, 
including final disposal;
     c.     current and planned arrangements for analysing the 
environmental effects of waste and waste management; and
     d.     other efforts to minimise any environmental effects of 
wastes and waste management.
3.  Each such Party shall, as far as is practicable, also prepare an 
inventory of locations of past activities (such as traverses, field 
depots, field bases, crashed aircraft) before the information is lost, 
so that such locations can be taken into account in planning future 
scientific programmes (such as snow chemistry, pollutants in lichens or 
ice core drilling).

Article 9:  Circulation and review of waste management plans

1.  The waste management plans prepared in accordance with Article 8, 
reports on their implementation, and the inventories referred to in 
Article 8 (3), shall be included in the annual exchanges of information 
in accordance with Articles III and VII of the Antarctic Treaty and 
related Recommendations under Article IX of the Antarctic Treaty.
2.  Each Party shall send copies of its waste management plans, and 
reports on their implementation and review, to the Committee.
3.  The Committee may review waste management plans and reports thereon 
and may offer comments, including suggestions for minimising impacts 
and modifications and improvement to the plans, for the consideration 
of the Parties.
4.  The Parties may exchange information and provide advice on, inter 
alia, available low waste technologies, reconversion of existing 
installations, special requirements for effluents, and appropriate 
disposal and discharge methods.

Article 10:  Management plans

Each Party shall:
     a.     designate a waste management official to develop and 
monitor waste management plans; in the field, this responsibility shall 
be delegated to an appropriate person at each site;
     b.     ensure that members of its expeditions receive training 
designed to limit the impact of its operations on the Antarctic 
environment and to inform them of requirements of this Annex; and 
     c.     discourage the use of poly-vinyl chloride (PVC) products 
and ensure that its expeditions to the Antarctic Treaty are advised of 
any PVC products they may introduce into that area in order that these 
products may be removed subsequently in accordance with this Annex.

Article 11:  Review

This Annex shall be subject to regular review in order to ensure that 
it is updated to reflect improvement in waste disposal technology and 
procedures and to ensure thereby maximum protection of the Antarctic 
environment.

Article 12:  Cases of emergency

1.  This Annex shall not apply in cases of emergency relating to the 
safety of human life or of ships, aircraft or equipment and facilities 
of high value or the protection of the environment.
2.  Notice of activities undertaken in cases of emergency shall be 
circulated immediately to all Parties and to the Committee.

Article 13:  Amendment or modification

1.  This Annex may be amended or modified by a measure adopted in 
accordance with Article IX (1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that time period, that it 
wishes an extension of that period or that it is unable to approve the 
amendment.
2.  Any amendment or modification of this Annex which becomes effective 
in accordance with paragraph 1 above shall thereafter become effective 
as to any other Party when notice of approval by it has been received 
by the Depositary.

ANNEX IV TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC 
TREATY.

PREVENTION OF MARINE POLLUTION

Article 1:  Definitions

For the purpose of this Annex:
     a.     'discharge' means any release howsoever caused from a ship 
and includes any escape, disposal, spilling, leaking, pumping, emitting 
or emptying;
     b.     'garbage' means all kinds of victual, domestic and 
operational waste excluding fresh fish and parts thereof, generated 
during the normal operation of the ship, except those substances which 
are covered by Articles 3 and 4;
     c.     'MARPOL 72/78 means the International Convention for the 
Prevention of Pollution from Ships, 1973, as amended by the Protocol of 
1978 relating thereto and by any other amendment in force thereafter;
     d.     'noxious liquid substance' means any noxious liquid 
substance as defined in Annex II of MARPOL 73/78;
     e.     'oil' means petroleum in any form including crude oil, fuel 
oil, sludge, oil refuse and refined oil products (other than 
petrochemicals which are subject to the provisions of Article 4);
     f.     'oily mixture' means a mixture with any oil content; and
     g.     ship' means a vessel of any type whatsoever operating in 
the marine environment and includes hydrofoil boats, air-cushion 
vehicles, submersibles, floating craft and fixed or floating platforms.

Article 2:  Application

This Annex applies, with respect to each Party, to ships entitled to 
fly its flag and to any other ship engaged in or supporting its 
Antarctic operations, while operating in the Antarctic Treaty area.

Article 3:  Discharge of oil

1.  Any discharge into the sea of oil or oily mixture shall be 
prohibited, except in cases permitted under Annex I of MARPOL 73/78.  
While operating in the Antarctic Treaty area, ships shall retain on 
board all sludge, dirty ballast, tank washing waters and other oily 
residues and mixtures which may not be discharged into the sea.  Ships 
shall discharge these residues only outside the Antarctic Treaty area, 
at reception facilities or as otherwise permitted under Annex I of 
MARPOL 73/78.
2.  This Article shall not apply to:
     a.     the discharge into the sea of oil or oily mixture resulting 
from damage to a ship or its equipment:
       i.     provided that all reasonable precautions have been taken 
after the occurrence of the damage or discovery of the discharge for 
the purpose of preventing or minimising the discharge; and
       ii.     except if the owner or the Master acted either with 
intent to cause damage, or recklessly and with the knowledge that 
damage would probably result; or
     b.     the discharge into the sea of substances containing oil 
which are being used for the purpose of combating specific pollution 
incidents in order to minimise the damage from pollution.

Article 4:  Discharge of noxious liquid substances

The discharge into the sea of any noxious liquid substance, and any 
other chemical or other substances, in quantities or concentrations 
that are harmful to the marine environment, shall be prohibited.

Article 5:  Disposal of garbage

1.  The disposal into the sea of all plastics, including but not 
limited to synthetic ropes, synthetic fishing nets, and plastic garbage 
bags, shall be prohibited.
2.  The disposal into the sea of all other garbage, including paper 
products, rags, glass, metal, bottles, crockery, incineration ash, 
dunnage, lining and packing materials, shall be prohibited.
3.  The disposal into the sea of food wastes may be permitted when they 
have been passed through a comminuter or grinder, provided that such 
disposal shall, except in cases permitted under Annex V of MARPOL 
73/78, be made as far as practicable from land and ice shelves but in 
any case not less than 12 nautical miles from the nearest land or ice 
shelf.  Such comminuted or ground food wastes shall be capable of 
passing through a screen with openings no greater than 25 millimeters.
4.  When a substance or material covered by this article is mixed with 
other such substance or material for discharge or disposal, having 
different disposal or discharge requirements, the most stringent 
disposal or discharge requirements shall apply.
5.  The provisions of paragraphs 1 and 2 above shall not apply to:
     a.     the escape of garbage resulting from damage to a ship or 
its equipment provided all reasonable precautions have been taken, 
before and after the occurrence of the damage, for the purpose of 
preventing or minimising the escape; or
     b.     the accidental loss of synthetic fishing nets, provided all 
reasonable precautions have been taken to prevent such loss.
6.  The Parties shall, where appropriate, require the use of garbage 
record books.

Article 6:  Discharge of sewage

1.  Except where it would unduly impair Antarctic operations:
     a.     each Party shall eliminate all discharge into the sea of 
untreated sewage ("sewage" being defined in Annex IV of MARPOL 73/78) 
within 12 nautical miles of land or ice shelves;
     b.     beyond such distance, sewage stored in a holding tank shall 
not be discharged instantaneously but at a moderate rate and, where 
practicable, while the ship is en route at a speed of no less than 4 
knots.
This paragraph does not apply to ships certified to carry not more than 
10 persons.
2.  The Parties shall, where appropriate, require the use of sewage 
record books.

Article 7:  Cases of emergency

1.  Articles 3, 4, 5 and 6 of this Annex shall not apply in cases of 
emergency relating to the safety of a ship and those on board or saving 
life at sea.
2.  Notice of activities undertaken in cases of emergency shall be 
circulated immediately to all Parties and to the Committee.

Article 8:  Effect on dependent and associated ecosystems

In implementing the provisions of this Annex, due consideration shall 
be given to the need to avoid detrimental effects on dependent and 
associated ecosystems, outside the Antarctic Treaty area.

Article 9:  Ship retention capacity and reception facilities

1.  Each Party shall undertake to ensure that all ships entitled to fly 
its flag and any other ship engaged in or supporting its Antarctic 
operations, before entering the Antarctic Treaty area, are fitted with 
a tank or tanks of sufficient capacity on board for the retention of 
all sludge, dirty ballast, tank washing water and other oil residues 
and mixtures, and have sufficient capacity on board for the retention 
of garbage, while operating in the Antarctic Treaty area and have 
concluded arrangements to discharge such oily residues and garbage at a 
reception facility after leaving that area.  Ships shall also have 
sufficient capacity on board for the retention of noxious liquid 
substances.
2.  Each Party at whose ports ships depart en route to or arrive from 
the Antarctic Treaty area undertakes to ensure that as soon as 
practicable adequate facilities are provided for the reception of all 
sludge, dirty ballast, tank washing water, other oily residues and 
mixtures, and garbage from ships, without causing undue delay, and 
according to the needs of the ships using them.
3.  Parties operating ships which depart to or arrive from the 
Antarctic Treaty area at ports of other Parties shall consult with 
those Parties with a view to ensuring that the establishment of port 
reception facilities does not place an inequitable burden on Parties 
adjacent to the Antarctic Treaty area.

Article 10:  Design, construction, manning and equipment of ships

In the design, construction, manning and equipment of ships engaged in 
or supporting Antarctic operations, each Party shall take into account 
the objectives of this Annex.

Article 11:  Sovereign immunity

1.  This Annex shall not apply to any warship, naval auxiliary or other 
ship owned or operated by a State and used, for the time being, only on 
government non-commercial service.  However, each Party shall ensure by 
the adoption of appropriate measures not impairing the operations or 
operational capabilities of such ships owned or operated by it, that 
such ships act in a manner consistent, so far as is reasonable and 
practicable, with this Annex.
2.  In applying paragraph 1 above, each Party shall take into account 
the importance of protecting the Antarctic environment.
3.  Each Party shall inform the other Parties of how it implements this 
provision.
4.  The dispute settlement procedure set out in Articles 18 to 20 of 
the Protocol shall not apply to this Article.

Article 12:  Preventive measures and emergency preparedness and 
response

1.  In order to respond more effectively to marine pollution 
emergencies or the threat thereof in the Antarctic Treaty area, the 
Parties, in accordance with Article 15 of the Protocol, shall develop 
contingency plans for marine pollution response in the Antarctic Treaty 
area, including contingency plans for ships (other than small boats 
that are part of the operations of fixed sites or of ships) operating 
in the Antarctic Treaty area, particularly ships carrying oil as cargo, 
and for oil spills, originating from coastal installations, which enter 
into the marine environment.  To this end they shall:
     a.     co-operate in the formulation and implementation of such 
plans; and
     b.     draw on the advice of the Committee, the International 
Maritime Organization and other international organizations.
2.  The Parties shall also establish procedures for cooperative 
response to pollution emergencies and shall take appropriate response 
actions in accordance with such procedures.

Article 13:  Review

The Parties shall keep under continuous review the provisions of this 
Annex and other measures to prevent, reduce and respond to pollution of 
the Antarctic marine environment, including any amendments and new 
regulations adopted under MARPOL 73/78, with a view to achieving the 
objectives of this Annex.

Article 14:  Relationship with MARPOL 73/78

With respect to those Parties which are also Parties to MARPOL 73/78, 
nothing in this Annex shall derogate from the specific rights and 
obligations thereunder.

Article 15:  Amendment or modification

1.  This Annex may be amended or modified by a measure adopted in 
accordance with Article IX (1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that time period, that it 
wishes an extension of that period or that it is unable to approve the 
measure.
2.  Any amendment or modification of this Annex which becomes effective 
in accordance with paragraph 1 above shall thereafter become effective 
as to any other Party when notice of approval by it has been received 
by the Depositary.

ANNEX V TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC 
TREATY.

AREA PROTECTION AND MANAGEMENT

Article 1:  Definitions

For the purposes of this Annex:
     a.     'appropriate authority' means any person or agency 
authorized by a Party to issue permits under this Annex;
     b.     'permit' means a formal permission in writing issued by an 
appropriate authority;
     c.     'Management Plan' means a plan to manage the activities and 
protect the special value or values in an Antarctic Specially Protected 
Area or an Antarctic Specially Managed Area.

Article 2:  Objectives

For the purposes set out in this Annex, any area, including any marine 
area, may be designated as an Antarctic Specially Protected Area or an 
Antarctic Specially Managed Area.  Activities in those Areas shall be 
prohibited, restricted or managed in accordance with Management Plans 
adopted under the provisions of this Annex.

Article 3:  Antarctic Specially Protected Areas

1. Any area, including any marine area, may be designated as an 
Antarctic Specially Protected Area to protect outstanding 
environmental, scientific, historic, aesthetic or wilderness values, 
any combination of those values, or ongoing or planned scientific 
research.
2.  Parties shall seek to identify, within a systematic environmental-
geographical framework, and to include in the series of Antarctic 
Specially Protected Areas:
     a.     areas kept inviolate from human interference so that future 
comparisons may be possible with localities that have been affected by 
human activities;
     b.     representative examples of major terrestrial, including 
glacial and aquatic, ecosystems and marine ecosystems;
     c.     areas with important or unusual assemblages of species, 
including major colonies of breeding native birds or mammals;
     d.     the type locality or only known habitat of any species;
     e.     areas of particular interest to on-going or planned 
scientific research;
     f.     examples of outstanding geological, glaciological or 
geomorphological features;
     g.     areas of outstanding aesthetic and wilderness value;
     h.     sites or monuments or recognized historic value; and
     i.     such other areas as may be appropriate to protect the 
values set out in paragraph 1 above.
3.  Specially Protected Areas and Sites of Special Scientific Interest 
designated as such by past Antarctic Treaty Consultative Meetings are 
hereby designated as Antarctic Specially Protected Areas and shall be 
renamed and renumbered accordingly.
4.  Entry into an Antarctic Specially Protected Area shall be 
prohibited except in accordance with a permit issued under Article 7.

Article 4:  Antarctic Specially Managed Areas

1.  Any area, including any marine area, where activities are being 
conducted or may in the future be conducted, may be designated as an 
Antarctic Specially Managed Area to assist in the planning and co-
ordination of activities, avoid possible conflicts, improve co-
operation between Parties or minimize environmental impacts.
2.  Antarctic Specially Managed Areas may include:
     a.     areas where activities pose risks of mutual interference or 
cumulative environmental impacts; and 
     b.     sites or monuments of recognized historic value.
3. Entry into an Antarctic Specially Managed Area shall not require a 
permit.
4. Notwithstanding paragraph 3 above, an Antarctic Specially Managed 
Area may contain one or more Antarctic Specially Protected Areas, entry 
into which shall be prohibited except in accordance with a permit 
issued under Article 7.

Article 5:  Management plans

1. Any Party, the Committee, the Scientific Committee for Antarctic 
Research or the Commission for the Conservation of Antarctic Marine 
Living Resources may propose an area for designation as an Antarctic 
Specially Protected Area or an Antarctic Specially Managed Area by 
submitting a proposed Management Plan to the Antarctic Treaty 
Consultative Meeting.
2. The area proposed for designation shall be of sufficient size to 
protect the values for which the special protection or management is 
required.
3. Proposed Management Plans shall include, as appropriate:
     a.     a description of the value or values for which special 
protection or management is required;
     b.     a statement of the aims and objectives of the Management 
Plan for the protection or management of those values;
     c.     management activities which are to be undertaken to protect 
the values for which special protection or management is required;
     d.     a period of designation, if any;
     e.     a description of the area, including:
       i.     the geographical co-ordinates, boundary markers and 
natural features that delineate the area;
       ii.     access to the area by land, sea or air including marine 
approaches and anchorages, pedestrian and vehicular routes within the 
area, and aircraft routes and landing areas;
       iii.     the location of structures, including scientific 
stations, research or refuge facilities, both within the area and near 
to it; and
       iv.     the location in or near the area of other Antarctic 
Specially Protected Areas or Antarctic Specially Managed Areas 
designated under this Annex, or other protected areas designated in 
accordance with measures adopted under other components of the 
Antarctic Treaty System;
     f.     the identification of zones within the area, in which 
activities are to be prohibited, restricted or managed for the purpose 
of achieving the aims and objectives referred to in subparagraph b. 
above;
     g.     maps and photographs that show clearly the boundary of the 
area in relation to surrounding features and key features within the 
area;
     h.     supporting documentation;
     i.     in respect of an area proposed for designation as an 
Antarctic Specially Protected Area, a clear description of the 
conditions under which permits may be granted by the appropriate 
authority regarding:
       i.     access to and movement within or over the area;
       ii.     activities which are or may be conducted within the 
area, including restrictions on time and place;
       iii.     the installation, modification, or removal of 
structures;
       iv.     the location of field camps;
       v.     restrictions on materials and organisms which may be 
brought into the area;
       vi.     the taking of or harmful interference with native flora 
and fauna;
       vii.     the collection or removal of anything not brought into 
the area by the permit holder;
       viii.     the disposal of waste;
       ix.     measures that may be necessary to ensure that the aims 
and objectives of the Management Plan can continue to be met; and
       x.     requirements for reports to be made to the appropriate 
authority regarding visits to the area;
     j.     in respect of an area proposed for designation as an 
Antarctic Specially Managed Area, a code of conduct regarding:
       i.     access to and movement within or over the area;
       ii.     activities which are or may be conducted within the 
area, including restrictions on time and place;
       iii.     the installation, modification, or removal of 
structures;
       iv.     the location of field camps;
       v.     the taking of or harmful interference with native flora 
and fauna;
       vi.     the collection or removal of anything not brought into 
the area by the visitor;
       vii.     the disposal of waste; and
       viii.     any requirements for reports to be made to the 
appropriate authority regarding visits to the area; and
     k.     provisions relating to the circumstances in which Parties 
should seek to exchange information in advance of activities which they 
propose to conduct.

Article 6:  Designation procedures

1.  Proposed Management Plans shall be forwarded to the Committee, the 
Scientific Committee on Antarctic Research and, as appropriate, to the 
Commission for the Conservation of Antarctic Marine Living Resources.  
In formulating its advice to the Antarctic Treaty Consultative Meeting, 
the Committee shall take into account any comments provided by the 
Scientific Committee on Antarctic Research and, as appropriate, by the 
Commission for the Conservation of Antarctic Marine Living Resources.  
Thereafter, Management Plans may be approved by the Antarctic Treaty 
Consultative Parties by a measure adopted at an Antarctic Treaty 
Consultative Meeting in accordance with Article IX(1) of the Antarctic 
Treaty.  Unless the measure specifies otherwise, the Plan shall be 
deemed to have been approved 90 days after the close of the Antarctic 
Treaty Consultative Meeting at which it was adopted, unless one or more 
of the Consultative Parties notifies the Depositary, within that time 
period, that it wishes an extension of that period or is unable to 
approve the measure.
2.  Having regard to the provisions of Articles 4 and 5 of the 
Protocol, no marine area shall be designated as an Antarctic Specially 
Protected Area or an Antarctic Specially Managed Area without the prior 
approval of the Commission for the Conservation of Antarctic Marine 
Living Resources.
3.  Designation of an Antarctic Specially Protected Area or an 
Antarctic Specially Managed Area shall be for an indefinite period 
unless the Management Plan provides otherwise.  A review of a 
Management Plan shall be initiated at least every five years.  The Plan 
shall be updated as necessary.
4.  Management Plans may be amended or revoked in accordance with 
paragraph 1 above.
5.  Upon approval Management Plans shall be circulated promptly by the 
Depositary to all Parties.  The Depositary shall maintain a record of 
all currently approved Management Plans.

Article 7:  Permits

1.  Each Party shall appoint an appropriate authority to issue permits 
to enter and engage in activities within an Antarctic Specially 
Protected Area in accordance with the requirements of the Management 
Plan relating to that Area.  The permit shall be accompanied by the 
relevant sections of the Management Plan and shall specify the extent 
and location of the Area, the authorized activities and when, where and 
by whom the activities are authorized and any other conditions imposed 
by the Management Plan.
2.  In the case of a Specially Protected Area designated as such by 
past Antarctic Treaty Consultative Meeting which does not have a 
Management Plan, the appropriate authority may issue a permit for a 
compelling scientific purpose which cannot be served elsewhere and 
which will not jeopardize the natural ecological system in that Area.
3.  Each Party shall require a permit-holder to carry a copy of the 
permit while in the Antarctic Specially Protected Area concerned.

Article 8:  Historic Sites and Monuments

1.  Sites or monuments of recognized historic value which have been 
designated as Antarctic Specially Protected Areas or Antarctic 
Specially Managed Areas, or which are located within such Areas, shall 
be listed as Historic Sites and Monuments.
2.  Any Party may propose a site or monument of recognized historic 
value which has not been designated as an Antarctic Specially Protected 
Area or an Antarctic Specially Managed Area, or which is not located 
within such an Area, for listing as a Historic Site or Monument.  The 
proposal for listing may be approved by the Antarctic Treaty 
Consultative Parties by a measure adopted at an Antarctic Treaty 
Consultative Meeting in accordance with Article IX(1) of the Antarctic 
Treaty.  Unless the measure specifies otherwise, the proposal shall be 
deemed to have been approved 90 days after the close of the Antarctic 
Treaty Consultative Meeting at which it was adopted, unless one or more 
of the Consultative Parties notifies the Depositary, within that time 
period, that it wishes an extension of that period or is unable to 
approve the measure.
3.  Existing Historic Sites and Monuments which have been listed as 
such by previous Antarctic Treaty Consultative Meetings shall be 
included in the list of Historic Sites and Monuments under this 
Article.
4.  Listed Historic Sites and Monuments shall not be damaged, removed 
or destroyed.
5.  The list of Historic Sites and Monuments may be amended in 
accordance with paragraph 2 above.  The Depositary shall maintain a 
list of current Historic Sites and Monuments.

Article 9:  Information and publicity

1.  With a view to ensuring that all persons visiting or proposing to 
visit Antarctica understand and observe the provisions of this Annex, 
each Party shall make available information setting forth, in 
particular:
     a.     the location of Antarctic Specially Protected Areas and 
Antarctic Specially Managed Areas;
     b.     listing and maps of those Areas;
     c.     the Management Plans, including listings of prohibitions 
relevant to each Area;
     d.     the location of Historic Sites and Monuments and any 
relevant prohibition or restriction.
2.  Each Party shall ensure that the location and, if possible, the 
limits of Antarctic Specially Protected Areas, Antarctic Specially 
Managed Areas and Historic Sites and Monuments are shown on its 
topographic maps, hydrographic charts and in other relevant 
publications.
3.  Parties shall co-operate to ensure that, where appropriate, the 
boundaries of Antarctic Specially Protected Areas, Antarctic Specially 
Managed Areas and Historic Sites and Monuments are suitably marked on 
the site.

Article 10:  Exchange of information

1. The Parties shall make arrangements for:
     a.     collecting and exchanging records, including records of 
permits and reports of visits, including inspection visits, to 
Antarctic Specially Protected Areas and reports of inspection visits to 
Antarctic Specially Managed Areas;
     b.     obtaining and exchanging information on any significant 
change or damage to any Antarctic Specially Managed Area, Antarctic 
Specially Protected Area or Historic Site or Monument; and
     c.     establishing common forms in which records and information 
shall be submitted by Parties in accordance with paragraph 2 below.
2. Each Party shall inform the other Parties and the Committee before 
the end of November of each year of the number and nature of permits 
issued under this Annex in the preceding period of 1st July to 30th 
June.
3. Each Party conducting, funding or authorizing research or other 
activities in Antarctic Specially Protected Areas or Antarctic 
Specially Managed Areas shall maintain a record of such activities and 
in the annual exchange of information in accordance with the Antarctic 
Treaty shall provide summary descriptions of the activities conducted 
by persons subject to its jurisdiction in such areas in the preceding 
year.
4. Each Party shall inform the other Parties and the Committee before 
the end of November each year of measures it has taken to implement 
this Annex, including any site inspections and any steps it has taken  
to address instances of activities in contravention of the provisions 
of the approved Management Plan for an Antarctic Specially Protected 
Area or Antarctic Specially Managed Area.

Article 11:  Cases of emergency

1.  The restrictions laid down and authorized by this Annex shall not 
apply in cases of emergency involving safety of human life or of ships, 
aircraft, or equipment and facilities of high value or the protection 
of the environment.
2.  Notice of activities undertaken in cases of emergency shall be 
circulated immediately to all Parties and to the Committee.

Article 12:  Amendment or modification

1.  This Annex may be amended or modified by a measure adopted in 
accordance with Article IX(1) of the Antarctic Treaty.  Unless the 
measure specifies otherwise, the amendment or modification shall be 
deemed to have been approved, and shall become effective, one year 
after the close of the Antarctic Treaty Consultative Meeting at which 
it was adopted, unless one or more of the Antarctic Treaty Consultative 
Parties notifies the Depositary, within that time period, that it 
wishes an extension of that period or that it is unable to approve the 
measure.
2.  Any amendment or modification of this Annex which becomes effective 
in accordance with paragraph 1 above shall thereafter become effective 
as to any other Party when notice of approval by it has been received 
by the Depositary.

[end of document]

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