(1) Pursuant to Article IX of the Antarctic Treaty, Representatives of the Consultative Parties (Argentina, Australia, Belgium, Brazil, Chile, China, Ecuador, Finland, France, Germany, India, Italy, Japan, the Republic of Korea, the Netherlands, New Zealand, Norway, Peru, Poland, the Russian Federation, South Africa, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland, the United States of America, and Uruguay) met in Kyoto from 11 to 22 April 1994, for the purpose of exchanging information, holding consultations, and considering and recommending to their Governments measures in furtherance of the principles and objectives of the Treaty.(2) The Meeting was also attended by Delegations from Contracting Parties to the Antarctic Treaty which are not Consultative Parties (Austria, Denmark, Greece, Czech Republic and Switzerland).
(3) A preparatory meeting with Embassy Representatives was held in Tokyo on December 2nd, 1993 with the purpose of finalizing the provisional agenda. Information on the Meeting was distributed to delegates (XVIII ATCM/INFO 1).
(4) The Chairman of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and the President of the Scientific Committee on Antarctic Research (SCAR) were invited to attend the Meeting as observers in accordance with Rule 2 of the Revised Rules of Procedure of 1992.
(5) Pursuant to paragraph 25 of the Final Report of the XVIIth Antarctic Treaty Consultative Meeting, the Chairman of the Council of Managers of National Antarctic Programmes (COMNAP) was also invited to attend the Meeting to present a report on the activities of COMNAP, on the same basis as Recommendation XIII- (6) Pursuant to Rule 38 of the Revised Rules of Procedure of 1992, several international organisations having a scientific or technical interest in Antarctica were invited to designate experts to attend the XVIIIth ATCM and to assist in discussions of specific agenda items. The following organisations took part in the proceedings: UNEP, ASOC, IHO, IUCN, WMO, IAATO, PATA.
(7) IMO, IOC and WTO were also invited to attend but were unable to take part.
(8) The Meeting was formally opened by Mr. Shozo Azuma Parliamentary Vice Minister for Foreign Affairs of Japan. The opening address is reproduced at Annex A.
(9) Ambassador Yoichi Yamaguchi, of the Japanese Delegation, was elected Chairman of the Meeting. Ambassador Yamaguchi thanked the Delegations for having elected him as Chairman.
(10) The Chairman proposed that Mr. Toshiki Kanamori and Mr. Hiroshi Oka, of the Ministry of Foreign Affairs of Japan, be appointed as Executive Secretary and Deputy Executive Secretary of the Meeting respectively. This proposal was adopted.
(11) In order to save time and to follow the practice of previous Meetings, the Meeting agreed in principle that Delegations would not deliver opening statements, but, instead, provide their texts for circulation and inclusion in the Final Report. The texts of the opening statements are reproduced in Annex A.
(12) Several Heads of Delegation made statements in which they expressed their hope for the early entry into force of the Protocol and explained their points of interest with regard to the XVIIIth ATCM.
(13) The delegation of Chile proposed that, beginning at the XIXth ATCM, part of the first plenary session be dedicated to short declarations of Heads of Delegations who expressed a desire to make statements. It was so decided.
(14) The following Agenda was adopted:
1. Opening of the Meeting
2. Election of Officers
3. Opening Addresses
4. Adoption of Agenda
5. Operation of the Antarctic Treaty System: Reports
a) under Recommendation XIII-2: i) the Chairman of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR); ii) the Head of the Delegation of the United Kingdom in his capacity as Representative of the Depositary Government of the Convention for the Conservation of Antarctic Seals (CCAS); iii) the President of the Scientific Committee on Antarctic Research (SCAR); iv) the Head of the Delegation of the United States of America in his capacity as Representative of the Depositary Government of the Antarctic Treaty; v) the Convenor of the Informal Group of Treaty Parties in the United Nations; vi) the Council of Managers of National Antarctic Programmes(COMNAP); b) in relation to Article III (2) of the Antarctic Treaty; IHO, WMO, ASOC, IUCN, UNEP.
6. Protocol on Environmental Protection to the Antarctic Treaty
a) Implementation
b) Committee for Environmental Protection
c) Liability Annex
d) Relations with other environmental treaties
7. Tourism and non-Governmental Activities in the Antarctic Treaty Area 8. Operation of the Antarctic Treaty System:
a) Organisational Aspects. Secretariat
b) Public Availability of Documents
c) Examination of Recommendations
d) Exchange of Information
9. Inspections under the Antarctic Treaty
a) Inspections during 1992/93 and 1993/94 and those planned for 1994/95
b) Inspection Checklists
10. Environmental Monitoring and Data
a) Environmental Monitoring of the Impacts of Human Activities in the Antarctic;
b) Global Change;
c) Data Management; d) Regulation of the extraction, use and custody of scientific samples obtained in the Antarctic expeditions.
11. Implementation of Environmental Impact Assessment.
a) Implementation of procedures for IEEs and CEEs;
b) Examination of CEEs produced during 1992/93.
12. The Antarctic Protected Area System
a) Revised management plans for SPAs and SSSIs;
b) Historic Sites and Monuments;
c) Review and implementation of the System.
13. International Antarctic Scientific and Logistic Cooperation
14. Antarctic Meteorology and Telecommunications
15. Marine Hydrometeorological Services to Navigation in the Southern Ocean
16. Questions Related to the exercise of Jurisdiction in Antarctica
17. Preparation of the XIXth Consultative Meeting
a) Date and Place of the XIXth Consultative Meeting
b) Invitations of International and non-Governmental Organisations
c) Preparation of the Agenda of the XIXth Consultative Meeting
18. Any Other Business
19. Adoption of the Report
20. Closing of the Meeting
(15) In accordance with the Chairman's suggestion:
a) discussion of items 1 to 6 (a), (general presentation) and 17 to 20 took place in plenary session.
b) the remaining items were remitted to two Working Groups: i) Working Group I, under the Chairmanship of Ambassador Dietrich Granow of Germany discussed items 6, 7, 8 and 16.
ii) Working Group II, under the Chairmanship of Dr. Roberto Puceiro Ripoll of Uruguay, discussed items 9, 10, 11, 12, 13, 14 and 15.
Item 5
Operation of the Antarctic Treaty System: Reports
a) Reports under Recommendation XIII-2
(16) Pursuant to Recommendation XIII-2, the Meeting received reports from the following:
i) the Chairman of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR);
ii) the Head of the Delegation of the United Kingdom in his capacity as Representative of the Depositary Government of the Convention for the Conservation of Antarctic Seals (CCAS);
iii) the President of the Scientific Committee on Antarctic Research (SCAR);
iv) the Head of the Delegation of the United States of America in his capacity as Representative of the Depositary Government of the Antarctic Treaty;
v) the Permanent Representative of Italy to the United Nations in New York in his capacity as he Convenor of the Informal Group of Treaty Parties in the United Nations;
vi) the Chairman of the Council of the Managers of National Antarctic Programs (COMNAP).
(17) The report of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) was presented, on behalf of its Chairman, by its Executive Secretary Mr. Estéban de Salas. The report is appended at Annex B(i).
(18) The Head of the Delegation of the United Kingdom, Dr. Michael Richardson, in his capacity as Representative of the Depositary Government of the Convention for the Conservation of Antarctic Seals (CCAS), presented a report. The report is appended at Annex B(ii).
(19) The report of the Scientific Committee on Antarctic Research (SCAR) was presented, by its President Dr. Richard Laws. The report is appended at Annex B(iii).
(20) The Head of the Delegation of the United States, Mr. R. Tucker Scully, presented a report in his capacity as Representative of the Depositary Government of the Antarctic Treaty. He reported that there are now 42 Parties to the Antarctic Treaty as a result of the Czech Republic and the Slovakia having succeeded to Czechoslovakia. He also reported that Ecuador, France, Peru, Norway, Argentina, Australia, Sweden and the Netherlands had become Parties to the Protocol on Environmental Protection to the Antarctic Treaty since ATCM XVII. Tables covering the status of the Recommendations adopted pursuant to Article IX of the Antarctic Treaty; the Parties to the Antarctic Treaty; and the Parties to the Protocol on Environmental Protection to the Antarctic Treaty are attached at Annex B(iv).
(21) The Head of the Delegation of Italy, Ambassador Giuseppe Jacoangeli, in his capacity as Representative of the Convenor of the Informal Group of Treaty Parties in New York, presented a report on developments on the Question of Antarctica in the United Nations since Italy assumed the role of the Convenor of the Group. The report is appended at Annex B(v).
(22) The report of the Chairman of the Council of Managers of National Antarctic Programs (COMNAP), was presented by its Chairman, Eng. Mario Zucchelli. The report is at Annex B(vi).
(23) The Head of Delegation of Australia, Mr. William Fisher in his capacity as Representative of the Depositary Government for the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), informed the Meeting that Ukraine is forwarding to the Depositary an instrument of succession to the Convention.
(24) The Meeting expressed its appreciation for the reports which provided an important contribution to understanding developments affecting the Antarctic Treaty System. Their presentation also provided an opportunity for delegations of the Treaty Parties to make general observations on the operation of the system.
(25) In this regard, attention was drawn to the important accomplishments of CCAMLR in the field of conservation and ecosystem management. Emphasis was also placed on the important work being undertaken by SCAR and COMNAP, as well as on the need to strengthen coordination of their work with that of the ATCMs, particularly in light of the move to annual meetings.
(26) It was pointed out that the suggestions made by SCALOP (the SCAR/COMNAP Standing Committee on Logistics and Operations) for referral of items to the International Maritime Organization (IMO) needed further consideration by the Treaty Parties.
b) Reports in relation to Article III (2) of the Antarctic Treaty.
(27) The Meeting also received reports from a number of experts representing international organisations having a scientific or technical interest in Antarctica that had been invited to attend and to assist in the discussion of specific agenda items.
(28) The Representative of the International Hydrographic Organization (IHO) Mr. Hishida, submitted a report to the Meeting concerning the recently established permanent Working Group on Hydrographic Cooperation in Antarctica and its first meeting in Valparaiso, Chile, which was held in July 1993. The report is at Annex C(i).
(29) To follow up the report of IHO, the delegation of Chile, as representative of the host country of the IHO Conference on Hydrographic Charting of Antarctica, pointed out that the existing hydrographic charts, which are incomplete and inaccurate in places are sometimes the cause for maritime accidents and therefore stressed the need to support IHO undertaking to draw accurate hydrographic charts. The Delegation of Argentina informed the Meeting that 2nd Meeting of the Working Group will meet in Buenos Aires from 4 to 6th July 1994.
(30) The representative of the World Meteorological Organization (WMO), Dr. Neil A. Streten, presented a report to the Meeting on the activities of WMO in relation to Antarctica. The report is at Annex C(ii).
(31) The Representative of the Antarctic and Southern Ocean Coalition (ASOC), Mr. James Barnes, presented a report to the meeting on the activities of ASOC in relation to Antarctica. The report is at Annex C(iii).
(32) The Representative of IUCN - The World Conservation Union, Ms. Catherine Wallace, presented a report to the Meeting on the activities of IUCN in relation to Antarctica. The report is at Annex C(iv).
(33) The Representative of United Nations Environment Programme, Ms. Philomene Verlaan, presented a report to the Meeting on the activities of UNEP in relation to Antarctica. The report is at Annex C(v).
Item 6
Protocol on Environmental Protection to the Antarctic Treaty
a) Implementation
(34) The Meeting had an intensive exchange of views on the implementation of the Protocol on Environmental Protection to the Antarctic Treaty. The Parties reported on the progress they had achieved with regard to their ratification process including the preparation of national legislation to implement the Protocol and its Annexes. A number of Parties indicated that the legislative process in their countries was already well advanced and gives hope that enactment of their legislation might be expected this year or in 1995.
(35) The discussion on implementation focused mainly on two key issues: The question of how to enhance the Protocol's practical implementation pending its entry into force and the need to clarify interpretation of the Protocol's provisions.
(36) There was general agreement that the practical implementation of the Protocol should be advanced as rapidly as possible and some proposals were made on how to assist this process.
(37) As for the interpretation of the Protocol, some believed there was a need for clarification of the meaning of certain provisions. The Meeting acknowledged that it was desirable to harmonize interpretation where possible. At the same time, however, it recognised that uniform application of the Protocol is not possible given different national legislative approaches.
(38) The Meeting acknowledged that exchange of information on domestic legislation among Consultative Parties is helpful to both the interpretation and implementation issues, thereby facilitating the Protocol's entering into force. In this context, the Meeting expressed gratitude to those Parties who made copies of their domestic legislation available to other Parties.
b) Committee for Environmental Protection in Antarctica
(39) Under this item, three Working Papers (XVIII ATCM/WP 4, XVIII ATCM/WP 7 and XVIII ATCM/WP 10) were presented by Chile, Australia and France respectively. Following informal contacts between participants the Meeting noted that since the XVI ATCM and the Final Act of the XIth Antarctic Treaty Special Consultative Meeting, the ATCPs have recognised the necessity for preparatory arrangements pending the entry into force of the Protocol on Environmental Protection.
(40) At the same time, the ATCPs are conscious that the entry into force of the Protocol will have significant implications for the conduct of Antarctic Treaty Consultative Meetings. The Protocol sets forth comprehensive environmental protection measures, and incorporates provisions to improve the effectiveness and responsiveness of the Antarctic Treaty Consultative mechanism, including the operation of the Consultative Meetings and the coordination of the components of the Antarctic Treaty system. It provides also for the establishment of a Committee on Environmental Protection to which SCAR and CCAMLR are observers. COMNAP would also be able to make an important contribution to the work of the Committee.
(41) The next Antarctic Treaty Consultative Meeting - ATCM XIX in Seoul - should be organised, so far as possible, to reflect the Protocol's objectives of improving the way in which the Antarctic Treaty Consultative mechanism works. This approach would be designed both to ensure productive results at ATCM XIX itself, and to anticipate and prepare for the entry into force of the Protocol, including in particular the establishment of the Committee on Environmental Protection.
(42) To this end, the Meeting took the following decisions with regard to preparatory arrangements for the implementation of Article 12 of the Protocol in connection with the programme of work of ATCM XIX:
A. Those items on the agenda of ATCM XIX which, under Article 12 of the Protocol, would be dealt with by the Committee for Environmental Protection, should be considered by a Transitional Environmental Working Group (TEWG) of the XIXth ATCM reporting to its plenary. B. The TEWG should meet during the first week of ATCM XIX so that its advice and recommendations may be considered by the plenary during the second week.
C. Representatives of the other components of the Antarctic Treaty System, SCAR and CCAMLR, as well as COMNAP, and other expert bodies as may be invited under Agenda item 17, should participate in the detailed work of the TEWG to: 1) provide the results of any specific work requested of them at the present ATCM; 2) identify ways in which they could contribute to the work of future ATCMs; and,
3) provide general advice within their competence.
D. In view of the above, it would be desirable if COMNAP's annual meeting be held immediately before the ATCM.
E. As a consequence of B above, on the first Monday of ATCM XIX the plenary meeting would be limited to the election of the Chairman of the meeting, adoption of the agenda, allocation of agenda items to working groups, timetable, appointment of chairmen of working groups, and such other procedural decisions as may be necessary for the conduct of the business of the ATCM. The ceremonial plenary would be held on the second Monday.
F. Working Groups I and II would not meet during the first week, but informal groups of legal experts would meet during that period to discuss legal issues of liability and the status and privileges and immunities of the Secretariat.
(43) The Meeting also considered the question of the submission and circulation of TEWG documents. It was agreed that the same consideration should be extended to all ATCM documents, and that the issue should be dealt with under item 17.
c) Liability Annex
(44) The Meeting took note of the work of the Group of Legal Experts that was created at the XVII ATCM under the Chairmanship of Germany.
(45) On the basis of a working paper (XVIII ATCM/WP2), submitted by Germany, a comprehensive report was given by the Chairman of the Group of Legal Experts, Professor R. Wolfrum. This was followed by an exchange of views.
(46) The Meeting extended, in accordance with Recommendation IV-24, the mandate of the Group of Legal Experts, and agreed to convene a further meeting of that group in the period before the XIXth ATCM in 1995.
(47) The Meeting welcomed an offer made by the Netherlands to the Group of Legal Experts to host an intersessional meeting of this group in the Hague.
(48) The Meeting also noted that, since the admission of observers to the Group of Legal Experts would require unanimous agreement, the participation of the next meeting of the group would be on the same basis as that of the previous group.
(49) The Meeting asked Germany to continue to chair the Group of Legal Experts under Professor Wolfrum.
(50) With regard to future deliberations on liability, the Meeting agreed that the Chairman should set out the priorities of the Group of Legal Experts, taking into account the need both to concentrate on essential topics and to consider other issues.
d) Relations with other Environmental Treaties
(51) The Meeting considered a Working Paper submitted by Chile (XVIII ATCM/WP 31) on the relationship between the Protocol on Environmental Protection to the Antarctic Treaty and other international agreements of a global scope. The Working Paper identified a number of International Agreements that applied or were relevant to the Antarctic Treaty Area and to the Protocol on Environmental Protection to the Antarctic Treaty.
(52) These include the 1989 Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal (the Basel Convention), the 1992 Convention on Biodiversity, the 1992 United Nations Framework Convention on Climate Change, the 1985 Vienna Convention for the Protection of the Ozone Layer and its 1987 Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol), the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters; and the International Convention for the Prevention of Pollution from Ships and its Protocol of 1978 (MARPOL 73/78). Attention was also drawn to the 1982 United Nations Law of the Sea Convention. (53) The Working Paper also noted the potential relevance for the Antarctic Treaty System of the ongoing development of efforts among the relevant States to protect the environment of the Arctic.
(54) The Delegation of Chile stressed in this context the need for future contacts between the Arctic and Antarctic regions in matters of environmental protection.
(55) The Meeting agreed it was important to ensure proper coordination between global environmental agreements and the operation of the Antarctic Treaty system and, in particular, of the Protocol on Environmental Protection to the Antarctic Treaty. The Meeting agreed that the requirements for coordination were specific to each of the agreements and that the primary responsibility for ensuring such coordination lay with the Parties to the Antarctic Treaty that were Parties to the other agreements.
Item 7
Tourism and Non-Governmental Activity
(56) The Meeting received Working Papers from Australia (XVIII ATCM WP 9), Chile and France (ATCM XVIII WP 11) and the United Kingdom (XVIII ATCM WP 18, 19, 20). There were a number of information papers on this item. Some of those described the increasing volume of tourist and non-governmental activity since ATCM XVII.
(57) The Meeting agreed that there would be benefit in using Antarctic Specially Managed Areas (ASMAs) in some cases to ensure that tourism and non-governmental activities do not interfere with scientific research or have adverse effects on the Antarctic environment. It was suggested that Parties should take this into account when proposing management plans for ASMAs.
(58) There was wide recognition among Parties that, given the increasing volume of tourist and non-governmental activity in Antarctica, and the need to consider how this might be addressed when the Protocol enters into force, it was important that Parties ensure that those organising and conducting tourism and non-governmental activity in Antarctica be effectively advised of the appropriate requirements deriving from the obligations on the Parties under the Antarctic Treaty System, to assist in planning and conducting their activities in Antarctica.
(59) There was a wide convergence of views that it was timely for action to be taken on this matter at this Meeting. There was agreement that the objective at this Meeting was not to create new rules and regulations but to provide guidance to those visiting Antarctica and those organising and conducting tourism and non-governmental activities there.
(60) Three aspects were identified for consideration:
1) guidance for visitors
2) guidance for those organising and conducting tourism and non-governmental activity
3) the role of Parties.
(61) On the role of Parties there were differing views. Some Parties argued for the need for consultation and co-ordination between the Parties in implementing their obligations in relation to tourism and non-governmental activity, notably regarding the environmental impact assessment procedures to be established under the Protocol. Others believed that this was fully covered by the Protocol itself.
(62) Parties agreed on a text for guidance for visitors which sets out, in appropriate language, advice on behavior when in Antarctica. Parties also reached agreement on a text for guidance directed at those organising and conducting tourism and non-governmental activity, which provides information on the relevant requirements of the Antarctic Treaty system, including the Protocol when it enters into force, and also sets out procedures which might be followed when planning and conducting tourism and non-governmental activity and in reporting on such activity.
(63) The Meeting decided that Guidance for Visitors to the Antarctic and Guidance for those Organising and Conducting Tourism and Non-Governmental Activities in the Antarctic be circulated widely, and as soon as possible. The Meeting adopted Recommendation XVIII-1.
Item 8
Operation of the Antarctic Treaty System
a) Organisational aspects. Secretariat
(64) The Meeting noted that during the intersessional period, informal consultations on certain aspects relating to the future establishment of a permanent Secretariat to the Antarctic Treaty were carried out through normal diplomatic channels and with the coordination of Italy, as Chair of the XVII ATCM, on the occasion of the meeting of Legal Experts on liability held at Heidelberg from 18 to 20 November 1993.
(65) Some opening addresses attached to this Final Report refer to this subject.
(66) A number of Working documents were submitted to the XVIIIth Antarctic Treaty Consultative Meeting: XVIII ATCM/WP 8 by Australia, XVIII ATCM/WP 15 by Belgium and XVIII ATCM/WP 16 by Italy.
(67) A contact group of Working Group I, chaired by Professor Rüdiger Wolfrum (Federal Republic of Germany) discussed this item under the following headings: a) Legal Personality; b) Functions; c) Privileges and Immunities; and d) the Legal Instrument to establish those privileges and immunities and status (e.g. Protocol, Headquarters Agreement).
(68) The contact group devoted considerable time to discussing the legal status, privileges and immunities as well as the functions of the future Secretariat. It was possible to clarify further the issues involved and to modify and supplement the texts as a focus for future deliberations. However, several issues remained to be agreed upon. Although there was consensus that a permanent Secretariat had to be empowered to pursue its activities in the territory of all Antarctic Treaty Consultative Parties, some delegations wanted the privileges and immunities of the Secretariat to be restricted to the host State. Apart from that, it was the prevailing view within the group that the activities of the Secretariat should be limited to those necessary to assist the Antarctic Treaty Consultative Meeting and the Committee for Environmental Protection, and that the privileges and immunities should be commensurate with, and limited to, those necessary for the performance of its functions.
(69) The progress achieved in the consideration of those items is reflected in the report made by the Chairman of the contact group, attached as Annex D of this Report.
(70) The Meeting acknowledged that further progress on these aspects, and particularly on the other main issues relating to the establishment of the Secretariat, such as its composition, financing and location, was needed. The Meeting therefore urged that every possible effort should be made by all Consultative Parties during the intersessional period to prepare for resolution of all outstanding issues relating to the establishment of the Secretariat, with a view of reaching a consensus at the earliest possible opportunity.
b) Public Availability of Documents
(71) The Meeting agreed to make all documents of the XVIIIth ATCM publicly available without exception.
c) Examination of Recommendations
(72) The Meeting decided to consider further at the next ATCM the question of the examination of recommendations.
d) Exchange of Information
(73) The Meeting agreed that the exchange of information among Contracting Parties needed further improvement, in particular in relation to matters covered by item 6 b).
(74) It was agreed that this matter would again be considered by the XIXth ATCM.
(75) The United States reported that it has prepared a new (eighth) edition of the Handbook of the Antarctic Treaty system. This would be distributed to Parties through their embassies in Washington.
Item 9
Inspections under the Antarctic Treaty
a) Inspections during 1992/93 and 1993/94 and those planned for
1994/95
(76) The Meeting considered reports of the joint 1992-93 United Kingdom, Italian, and Republic of Korea inspection team (XVIII ATCM/INFO 7), and of the Swedish observers who conducted inspections in 1994 (XVIII ATCM/INFO 45). These reports covered the following stations, abandoned stations and vessels:
. United Kingdom, Italian, and Republic of Korea Inspection Report:
Stations:
The King Sejong (Republic of Korea)
Faraday (United Kingdom)
Rothera (United Kingdom)
General San Martín (Argentina)
Palmer (United States)
Comandante Ferraz (Brazil)
Henryk Arctowski (Poland)
Arturo Prat (Chile)
Esperanza (Argentina)
Juan Carlos Primero (Spain)
Fossil Bluff (United Kingdom)
Gabriel de Castilla (Spain)
Decepción (Argentina)
Abandoned Stations:
East Base, Stonington Island (United States)
Base E, Stonington Island (United Kingdom)
Deception (United Kingdom)
Vessels:
MS "Explorer" (Liberia)
MS "Akademic Sergey Vavilov" (Russia)
MS "Europa" (Germany)
. Swedish Inspection Report:
Stations:
Neumayer (Germany)
Halley (United Kingdom)
Maitri (India)
Novolazarevskaja (Russia)
Georg Forster (Germany)
SANAE III (South Africa)
Sarie Marais (South Africa)
SANAE IV (South Africa)
Aboa (Finland)
(77) The Meeting noted the conclusions of the reports that all active stations and vessels are being operated in accordance with the provisions of the Antarctic Treaty.
(78) The Meeting noted that inspections are now taking account of the requirements of the Protocol on Environmental Protection to the Antarctic Treaty in line with the decision of the Parties to implement the Protocol as far as possible pending its coming into force. It was agreed that, in this interim period, inspection of matters covered by the Protocol provides valuable information on the degree to which the Protocol is being provisionally implemented. The overall view was that substantial progress is being made in implementing the provisions of the Protocol. The move to more detailed and precise inspections was welcomed. At the same time it was recognized that the increasing complexity of inspections required new approaches to ensure the accuracy of information in inspection reports.
(79) The Swedish Delegation stated that its inspection team was somewhat handicapped in assessing some of the stations and their activities by the late circulation, or in other cases, non-arrival of the information required under Article VII(5), of the Antarctic Treaty. Since the requirement in this provision is directly linked to the right to carry out inspections, the Meeting urged Parties to submit this information in due time so as to maintain the original objective that information can be compared with the actual activities being undertaken at the time of the inspection.
(80) The Meeting considered ways of improving Antarctic inspections noting the comments in papers submitted by Chile (XVIII ATCM/WP 12), Argentina (XVIII ATCM/WP 30), the United Kingdom (XVIII ATCM/WP 33) and the United Kingdom, Italy and the Republic of Korea (XVIII ATCM/WP 34). In particular, these papers drew attention to the need for inspections to be distributed across all facilities in the Treaty Area and avoid being concentrated on those in the Peninsula area. Several delegations made suggestions as to how the system of inspections might be made more effective. A number of delegations suggested that Parties should be encouraged to carry out further joint inspections in order to reduce the considerable costs involved.
The Meeting stressed the requirement for exchange of information under Article VII (5), of the Antarctic Treaty and that the provision of this information by 30 November in accordance with Recommendation VIII-6 is essential for the effective conduct of inspections. The Meeting agreed that pre- and post- inspection exchange of information would be useful in improving coordination and sharing costs of inspections.
To this end it was agreed to publish the list of 181 past inspections provided by the United Kingdom (XVIII ATCM/WP 33) in the report of this Meeting, even though it is incomplete (Annex E(i)). Parties should provide corrections and additions so that more complete lists could be published in the reports of future ATCMs.
Some delegations noted that inspections could be improved and reports could be more accurate through observers using the languages of the stations being visited.
(81) The Meeting considered that during inspections there would be advantage in attention being paid to the use of best available technologies.
(82) The opportunity was provided for Parties to advise on any arrangements they had in hand for inspections in 1994/95. None of the Parties were in a position to provide this information at the Meeting.
b) Inspection Checklists
(83) The Meeting welcomed and considered the report by SCAR and COMNAP describing an inspection checklist for permanent stations (XVIII ATCM/WP 22). The Meeting noted the checklists submitted by the United Kingdom for permanent stations, abandoned bases and vessels and developed and used by the United Kingdom, Italy and the Republic of Korea during their joint Treaty Inspection in 1993 (XVIII ATCM/INFO 8) and discussed the Chilean working paper (XVIII ATCM/WP 12).
(84) The Meeting agreed that, as a first step, it would be valuable to have a checklist for permanent stations and associated installations. The Meeting recognised that it would be useful to develop further checklists. SCAR was requested to produce a checklist for protected areas to be submitted at the XIX ATCM. The United Kingdom offered to coordinate the production of checklists for abandoned stations, vessels, aircraft, refuges and waste dumps for discussion at the XIXth ATCM.
(85) The Meeting acknowledged that standard checklists provide guidelines that could enhance the quality and consistency of inspections. It was recognised that such checklists would not limit a Party's individual action in conducting inspections.
(86) The Meeting agreed Checklist A for permanent Antarctic stations and associated installations (Annex E(ii)).
Item 10
Environmental Monitoring and Data
a) Environmental Monitoring of the Impacts of Human
Activities in Antarctica
(87) The Meeting welcomed the SCAR-COMNAP report describing their activities since XVII ATCM and recommending next steps (XVIII ATCM/WP 21).
With respect to Recommendation XVII-1, SCAR-COMNAP responded as follows:
1. (i) Advice on long-term monitoring programmes:
The Group of Specialists on Environmental Affairs and Conservation (GOSEAC) has begun to address this question and is seeking assistance from other scientific groups within and outside SCAR.
(ii) Emission standards:
At the request of GOSEAC, SCALOP is continuing a survey of all current incinerators in the Treaty area. In addition, GOSEAC is investigating current emission standards and best operating practices used in Europe and North America for incinerators.
2. Establishment of research programmes at selected sites:
SCAR provided COMNAP with a set of criteria concerning location, duration and extent of operations, disposal of sewage and air-strip availability on which to select a representative sample.
3. Provide a list of data sets:
Implementation will depend on implementation of recommendations from the SCAR-COMNAP ad hoc group on Antarctic Data Management.
4. Establish national arrangements for obtaining expert advice:
This is more appropriately dealt with by national authorities.
With respect to the next steps to be taken, SCAR-COMNAP proposed to convene technical workshops, as recommended in Recommendation 9 of the First Group of Experts Meeting. The workshops would provide the technical basis for progress in developing the environmental monitoring necessary to verify impact assessments, assess local pollution and provide an index of the health of Antarctic ecosystems. This will assist in verifying that human impacts do not have unforeseen effects on Antarctic birds, seals and plants, as requested in paragraph 77 of the Report of XVII ATCM.
(88) The Meeting supported the SCAR-COMNAP proposal for technical workshop(s) and requested that the workshop(s) have the following terms of reference:
1. Review the priority of impacts which need monitoring, using the recommendation of the First Group of Experts, summarized in paragraph 75 of XVII ATCM as a guide.
2. Develop hypotheses on which to design monitoring programmes.
3. Provide technical advice including:
- minimum monitoring needed to meet the requirements of the Protocol, based on a precautionary approach;
- baseline information;
- ecosystem health indices;
- key variables to be monitored;
- design of monitoring programmes;
- scientific protocols for monitoring;
- measurement methods, including frequency of measurement;
- standardisation and quality assurance of techniques and data;
- applicable technology;
- data management, and
- criteria for judging whether monitoring programme objectives are being met.
This workshop should be attended by individuals with expertise and competence in one or more of the following areas: Antarctic science, Antarctic programme management, data management, environmental monitoring and the Antarctic Treaty Consultative process.
(89) The Delegation of Russia presented an information paper on coastal pollution monitoring (XVIII ATCM/INFO 63).
b) Global Change
(90) The Representative of SCAR described the history of the development of the strategic plan for Antarctic global change research entitled "The role of the Antarctic in global change: an international plan for a regional research programme", recently published by SCAR (XVIII ATCM/INFO 83, Annex B(iii)). The integration of this research with existing international research programmes, especially International Geosphere and Biosphere Programme (IGBP) and World Climate Research Programme (WCRP) and its relationship with recommendations of International Panel on Climate Change (IPCC) was noted as an important feature.
(91) The Meeting welcomed this development, noting its importance in providing for regional cooperation and the major contribution that such research could make to a better understanding of global processes including the circulation of the world oceans, climate change, pollution, and the biological effects on enhanced UV radiation. Whilst encouraging SCAR to continue with this important initiative, the meeting recognised the need for a special fund to resource it and encouraged national operators to contribute to such a fund.
The Meeting requested that SCAR forward its strategic plan for Antarctic global change research to the Secretariat of the United Nations Commission for Sustainable Development, the Secretariat of the Intergovernmental Negotiating Committee of the Framework Convention on Climate Change, and the Secretariat of the Montreal Protocol on Substances that Deplete the Ozone Layer.
(92) The Russian Delegation submitted three Information Papers, on multi-year variability of ozone in the atmosphere, on Glacier Drilling at Vostok Station and on the tendency of the dynamic changes in the Antarctic atmosphere (XVIII ATCM/INFO 70, INFO 62 and INFO 71).
c) Data Management
(93) The Meeting welcomed the SCAR/COMNAP report on data management (XVIII ATCM/INFO 31). The report described the establishment of a SCAR-COMNAP ad-hoc Planning Group on Antarctic Data Management and the steps this group had taken since XVII ATCM.
The Planning Group recommended the adoption of six principles to guide the development of an Antarctic Data Directory system. The Meeting adopted the following principles based on the SCAR-COMNAP recommendation.
1. The Antarctic Data Directory is a data directory providing data set descriptions and information on where to access data, and not a central database containing the actual data.
2. Antarctic scientific data will be described, including historical data, environmental monitoring data, and data for which access restrictions may apply.
3. Conditions of access to the actual data will be the responsibility of data custodians, such as the funding or managing agencies and institutions.
4. There will be no restrictions on access to the directory. Availability of the directory and associated products will be widely promoted.
5. The directory entries will be compatible with the Directory Interchange Format of the International Directory Network, but with Antarctic specific extensions.
6. The production and maintenance of directory entries is recognised as a critical activity for Antarctic science and must not be considered merely an administrative overhead.
(94) The Meeting noted that the Antarctic Master Directory should include listing of geological and biological archives.
The next step in the development of the Directory will be a seminar to be held at XXIII SCAR. This meeting should invite participation by representatives of potential funding organisations.
(95) The Meeting requested SCAR-COMNAP to provide a further report on progress on data management to the XIX ATCM.
d) Regulation of the Extraction, Use and Custody of Scientific
Samples Obtained in Antarctic Expeditions
(96) The Meeting took note of SCAR Recommendation XXII-1 (XVIII ATCM/WP23) and of the Working Paper submitted by the Chilean Delegation (XVIII ATCM/WP13) referring to the fact that geological specimens of scientific value are increasingly being removed from Antarctica for non-scientific purposes. In this regard, the Meeting recalled Article 3 and Article 7 of the Protocol on Environmental Protection to the Antarctic Treaty.
(97) The Meeting stressed that the removal of fossils, minerals, meteorites, volcanic bombs and ventifacts should be done for scientific purposes only. Such scientifically valuable specimens must be properly curated in institutions accessible to the scientific community and, whenever appropriate, should be publicly displayed.
(98) The Delegation of Japan submitted a Working Paper (XVIII ATCM/ WP25) describing the management scheme for scientific specimens used by the National Institute of Polar Research.
Item 11
Implementation of Environmental Impact Assessment Procedures
(a) Implementation of Procedures for IEEs and CEEs
(99) The United Kingdom Delegation submitted a paper (XVIII ATCM/INFO 9) which reviewed all Environmental Impact Assessments (EIAs) prepared to date for proposed activities in Antarctica. The United Kingdom Delegation suggested that, until such time as the proposed Treaty Secretariat was in a position to maintain a record of EIAs, SCAR could publish a directory of EIAs annually in the SCAR Bulletin.
This suggestion received general support and the representative of SCAR confirmed that SCAR would be able to publish an annual directory of any EIAs notified to SCAR, as an interim arrangement only. The Meeting agreed to recommend this course of action.
(100) The Delegation of New Zealand presented a draft IEE for the decommissioning of Vanda Station (XVIII ATCM/INFO 60) and a summary of the New Zealand Antarctic Programme Environmental Audit (XVIII ATCM/INFO 59). The audit was tabled as the first environmental audit of a national programme's activities in the Antarctic. It provides an example of a procedure for reviewing current activities in terms of compliance with the Protocol on Environmental Protection to the Antarctic Treaty and providing operational guidelines for improving environmental management.
(101) Other papers were presented by South Africa and Belgium (XVIII ATCM/INFO 61), Argentina (XVIII ATCM/WP 27), IAATO (XVIII ATCM/INFO 13 and INFO 23). A number of delegations welcomed the efforts made by tour operators within IAATO to comply with the provisions of the Protocol.
(102) The effectiveness of the distribution of CEEs was raised during the discussion of this item.
(103) The Meeting recalled that Article 3 Annex I of the Protocol on Environmental Protection to the Antarctic Treaty requires that CEEs (draft and final) be made publicly available and be circulated to all Parties for comments.
(104) Until the establishment of the CEP and the Treaty Secretariat the Meeting proposed the following interim distribution procedure for the Party preparing the CEE:
- circulate the CEE to Parties through diplomatic channels for comments;
- provide, at the same time as circulating to Parties, one copy each to SCAR and COMNAP who will notify their members of the circulation of the CEE;
- notify circulation to the next ATCM;
The notification should include: title, date, author(s), organisation and country, address, and date by which comments are required.
It is the responsibility of each Party to make the CEE publicly available and undertake circulation in their own country.
b) Examination of CEEs Produced during 1992/93
(105) The Meeting extended its special thanks to the delegations of New Zealand and South Africa regarding the papers they submitted covering CEEs on major projects they are undertaking. The New Zealand document (XVIII ATCM/INFO 21) dealt with the final CEE on Antarctic Stratigraphic Drilling East of Cape Roberts in the South West Ross Sea, and the paper submitted by South Africa (XVIII ATCM/ INFO 54) described the process carried out for the South African Sanae IV CEE. The Meeting commended their efforts to comply with Annex I to the Protocol on Environmental Protection to the Antarctic Treaty, pending its entry into force. In so doing, they set examples from which all will benefit and could follow.
Item 12
The Antarctic Protected Area System
a) Revised Management Plans for SPAs and SSSIs
(106) The Meeting welcomed a report from SCAR on progress with the several requests made to SCAR at XVII ATCM. It was stated that considerable assistance had been provided to individual Parties in the revision of existing management plans and in the preparation of management plans for new protected and managed areas. Revision of the ecosystem classification matrix has begun and new guidelines for the inspection of protected areas are under discussion. It is intended that both these products will be provided to XIX ATCM.
(107) The Meeting suggested that, in preparing a handbook to assist in the preparation of management plans under Annex V, SCAR should consider how the format could be developed to facilitate the use of the plans by all scientific and logistic personnel.
(108) Under this item, information papers were submitted by the delegations of Australia (XVIII ATCM/INFO 14), France (XVIII ATCM/ INFO 17) and the United Kingdom (XVIII ATCM/INFO 34).
An Information Paper (XVIII ATCM/INFO 14 Rev 1) tabled by Australia, provided corrections to the Management Plan for SSSI No. 25. These corrections were accepted by the Meeting as set down in Annex F.
b) Historic Sites and Monuments
(109) The Chilean Delegation submitted a Working Paper concerning the protection of the remains of the whaling station in Whaler's Bay, Deception Island, South Shetland Islands (XVIII ATCM/WP 5). The installation was badly damaged by a volcanic eruption in 1969. The Chilean Delegation suggested that the installation and its associated artifacts should be conserved.
Several delegations stressed the importance of Deception Island because of its scientific, nature conservation, wildlife as well as its historic values, and the need to consider these values in an integrated fashion.
To ensure the effective protection of Deception Island some delegations underlined the value of an integrated management plan in the form of an Antarctic Specially Managed Area (ASMA) within which specific areas of value could be further protected by means of Antarctic Specially Protected Areas (ASPAs) or Historic Sites and Monuments.
(110) The Argentinean Delegation submitted a document on The Maintenance Work on Sites and Historical Monuments (XVIII ATCM/WP 26) and the United Kingdom Delegation submitted a document on the Clean-up and Conservation of Abandoned British Bases in the Antarctic Peninsula Region (XVIII ATCM/INFO 33) on which several delegations commented.
c) Review and Implementation of the Antarctic Protected
Areas System
(111) The United Kingdom Delegation was concerned about the possible use of mandatory prohibitions within the Management Plans for Antarctic Specially Managed Areas (ASMAs) and asked for the Meeting to discuss and clarify the situation in the light of the distinctions made in Articles 4 and 5 of Annex V to the Protocol on Environmental Protection to the Antarctic Treaty. Several delegations agreed with the need for this clarification.
The Representative of SCAR added that it would be helpful for this question to be resolved before the XIX ATCM in order to provide guidance in finalising the management plans for the first Antarctic Specially Managed Area (Admiralty Bay) being drafted by Brazil and Poland.
(112) Clarification of this matter was not obtained at this Meeting. However, such clarification will be necessary before designation of any Antarctic Specially Managed Areas under Article 6 of Annex V to the Protocol.
Item 13
International Antarctic Scientific and Logistic Cooperation
(113) The Representative of SCAR presented the SCAR Code of Conduct regarding experimentation on animals in Antarctica (XVIII ATCM/WP 24 and INFO 83, Appendix 3). This had been agreed within the SCAR framework and represented the minimum standard required to meet ethical and moral standards at an international level.
The Meeting welcomed the SCAR Code of Conduct and considered that their governments should apply the Code consistent with their national laws.
(114) Several delegations described with satisfaction their logistic and scientific cooperation with other Treaty Parties in the Antarctic.
In this regard, papers were submitted by Argentina (XVIII ATCM/ WP 29), France (XVIII ATCM/INFO 16), Chile (XVIII ATCM/INFO 47), Australia (XVIII ATCM/INFO 79), Russia (XVIII ATCM/INFO 82) and New Zealand (XVIII ATCM/INFO 86).
Several delegations also submitted oral reports regarding this subject.
Item 14
Antarctic Meteorology and Telecommunications
(115) Under this item papers were presented by WMO (XVIII ATCM/INFO 24) and by Chile (XVIII ATCM/INFO 46).
(116) The WMO observer reported on the present observation and communication networks in Antarctica emphasizing the setting up, by the World Climate Research Programme, of a programme for observations by an international fleet of Antarctic buoys. A plea was made for further observations of the vertical distribution of ozone and the continuing measurement of the concentration of atmospheric constituents. Descriptions were given by some delegations of their relevant national programmes.
(117) The value of meteorological observations through the WMO Voluntary Observing Scheme (VOS) from tourist ships sailing in Antarctica was pointed out by several delegations and the IAATO and WMO observers agreed to pursue this matter through the appropriate channels.
(118) A specific application of meteorological analysis and forecasting for the Southern Ocean was introduced by the Russian Delegation's proposal for cooperation in the establishment of arrangements for the exchange of information to support Antarctic marine pollution response operations (XVIII ATCM/INFO 88). Some delegations indicated the potential value of such services in Antarctica and others noted the existence of a number of research, operational and modelling capabilities for pollution response in various countries. The Meeting agreed that it was of paramount importance for Parties to introduce adequate practical response strategies and to install appropriate equipment which could fully utilize the results of any operational computer simulation models.
(119) Delegations considered that there might be advantage in developing small scale systems for particular areas. However, a number of delegations considered it premature to establish a broad scale oil spill modelling and prediction system when the capacity to respond on this scale is not available. These delegations considered that, at this stage, it would be more effective to focus resources on minimizing risks such as through the use of light fuels, improved hydrographic charts or response equipment at stations.
(120) The Meeting agreed to ask their COMNAP representatives, in consultation as necessary with WMO and SCAR, to advise XIX ATCM as to their requirements in light of the Russian proposal.
Item 15
Marine Hydrometeorological Services to Navigation in the Southern Ocean
(121) Under this item a paper was presented by WMO (XVIII ATCM/INFO 25) outlining the meteorological services provided by the five nominated stations namely Casey, Marambio, McMurdo, Molodezhnaya and Presidente Frei and support was sought for the SCAR experiment (FROST) to be conducted with the aim of better understanding Antarctic weather processes and ultimately improving meteorological services in the region. The Meeting agreed on the value of the work being carried out through the provision of operational information and indicated that it should continue to be followed up by WMO and COMNAP.
It was suggested that many issues under this agenda item were technical and best dealt with by COMNAP or SCAR with the advice of WMO. It was agreed that at the next ATCM all meteorological matters should be combined into a single item dealing with meteorological observations, communications, research and services. This item would be entitled Antarctic Meteorology, Telecommunications and Related Services.
Item 16
Questions related to the Exercise of Jurisdiction in Antarctica
(122) A working paper (XVIII ATCM/WP 32) on this item was tabled and introduced by Uruguay.
The Meeting recognised the importance of this question, the solution of which was left deliberately open in Article IX (1) of the Antarctic Treaty. But it was also understood that the question raises some delicate and sensitive problems which need more, and careful, deliberations.
(123) The Meeting therefore agreed to leave the item out of the Agenda of the XIXth ATCM and put it again on the Agenda of the XXth ATCM in order to give all Parties sufficient time to elaborate ways and means how to approach the question again in order to find an agreeable solution.
Item 17
Preparation of the XIXth Consultative Meeting
a) Date and Place of the XIXth Consultative Meeting
(124) The Meeting received with special satisfaction the invitation of the Republic of Korea to host the XIXth Consultative Meeting, from 8 to 19 May 1995, in Seoul.
b) Invitation of International and Non- Governmental
Organisations
(125) The Meeting decided that the following International and non- Governmental Organisations having a scientific or technical interest in Antarctica shall be invited to designate an expert: UNEP, ASOC, IHO, IMO, IOC, IUCN, WMO, WTO, IAATO, PATA, to attend the forthcoming meeting in order to assist it in its substantive work.
(126) With reference to the Rule 41 of the revised Rules of Procedure of 1992, it was decided that these experts could attend the Meeting during the discussion of all items on the provisional Agenda of the XIXth Consultative Meeting except for the following:
4. Adoption of Agenda
8. Operation of the Antarctic Treaty System:
a) Organisational aspects. Secretariat
18. Preparation of the XXth Consultative Meeting
c) Preparation of the Agenda of the XIXth Consultative
Meeting
(127) The Meeting approved the Preliminary Agenda of the XIXth Consultative Meeting, appended at Annex G.
(128) The Meeting suggested the following allocation of Agenda Items.
1. Plenary 1, 2, 3, 4, 5, 6 a, 18, 19, 20, 21
2. TEWG 7 b, 10, 11, 12, 13, 17 b
3. WG I 5 c, 6, 7 a, c, 8
4. WG II 9, 14, 15, 16, 17 a
(129) With the aim of assisting a more timely and orderly submission and circulation of documentation to and by the host Government, the Meeting suggested that the Parties and the host Government undertake the best possible efforts to facilitate the circulation of documents by the host Government as quickly as possible. The Meeting also considered questions of time-lines for the pre-sessional circulation of documents and agreed that it deserved further consideration.
Item 18
Any Other Business
Item 19
Adoption of the Report
(130) The Final Report and the Recommendation contained therein were adopted by consensus on 22 April 1994.
Item 20
Closing of the Meeting
(131) The Meeting expressed its warm thanks to the Government of Japan, the Chairman of the Meeting, the Chairmen of the Working Group I and Working Group II, the Executive Secretary and his staff, and was closed on 22 April 1994.