Note: The text of this convention was agreed, but CRAMRA has not been
adopted. The Protocol on Environmental Protection to the Antarctic Treaty
has been adopted instead.
Convention on the Regulation of Antarctic Mineral Resource
Activities
The States Parties to this Convention, hereinafter referred to as the
Parties,
Recalling the provisions of the Antarctic Treaty;
Convinced that the Antarctic Treaty system has proved effective
in promoting international harmony in furtherance of the purposes and
principles of the Charter of the United Nations, in ensuring the
absence of any measures of a military nature and the protection of the
Antarctic environment and in promoting freedom of scientific research
in Antarctica;
Reaffirming that it is in the interest of all mankind that the
Antarctic Treaty area shall continue forever to be used exclusively
for peaceful purposes and shall not become the scene or object of
international discord;
Noting the possibility that exploitable mineral resources may
exist in Antarctica;
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;
Bearing in mind also that a regime for Antarctic mineral
resources must be consistent with Article IV of the Antarctic Treaty
and in accordance therewith be without prejudice and acceptable to
those States which assert rights of or claims to territorial
sovereignty in Antarctica, and those States which neither recognise
nor assert such rights or claims, including those States which assert
a basis of claim to territorial sovereignty in Antarctica;
Noting the unique ecological, scientific and wilderness value
of Antarctica and the importance of Antarctica to the global
environment;
Recognising that Antarctic mineral resource activities could
adversely affect the Antarctic environment or dependent or associated
ecosystems;
Believing that the protection of the Antarctic environment and
dependent and associated ecosystems must be a basic consideration in
decisions taken on possible Antarctic mineral resource activities;
Concerned to ensure that Antarctic mineral resource activities,
should they occur, are compatible with scientific investigation in
Antarctica and other legitimate uses of Antarctica;
Believing that a regime governing Antarctic mineral resource
activities will further strengthen the Antarctic Treaty system;
Convinced that participation in Antarctic mineral resource
activities should be open to all States which have an interest in such
activities and subscribe to a regime governing them and that the
special situation of developing country Parties to the regime should
be taken into account.
Believing that the effective regulation of Antarctic mineral
resource activities is in the interest of the international community
as a whole;
HAVE AGREED as follows:
For the purposes of this Convention:
1 `Antarctic Treaty' means the Antarctic Treaty done at Washington on
1 December 1959.
2 `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.
3 `Antarctic Treaty area' means the area to which the provisions of
the Antarctic Treaty apply in accordance with Article VI of that
Treaty.
4 `Convention for the Conservation of Antarctic Seals' means the
Convention done at London on 1 June 1972.
5 `Convention on the Conservation of Antarctic Marine Living
Resources' means the Convention done at Canberra on 20 May 1980.
6 `Mineral resources' means all non-living natural non-renewable
resources, including fossil fuels, metallic and non-metallic
minerals.
7 `Antarctic mineral resource activities' means prospecting,
exploration or development, but does not include scientific research
activities within the meaning of Article III of the Antarctic
Treaty.
8 `Prospecting' means activities, including logistic support, aimed at
identifying areas of mineral resource potential for possible
exploration and development, including geological, geochemical and
geophysical investigations and field observations, the use of remote
sensing techniques and collection of surface, seafloor and sub-ice
samples. Such activities do not include dredging and excavations,
except for the purpose of obtaining small-scale samples, or
drilling, except shallow drilling into rock and sediment to depths
not exceeding 25 metres, or such other depth as the Commission may
determine for particular circumstances.
9 `Exploration' means activities, including logistic support, aimed at
identifying and evaluating specific mineral resource occurrences or
deposits, including exploratory drilling, dredging and other surface
or subsurface excavations required to determine the nature and size
of mineral resource deposits and the feasibility of their
development, but excluding pilot projects or commercial production.
10 `Development' means activities, including logistic support, which
take place following exploration and are aimed at or associated
with exploitation of specific mineral resource deposits, including
pilot projects, processing, storage and transport activities.
11 `Operator' means:
a. a Party; or
b. an agency or instrumentality of a Party; or
c. a juridical person established under the law of a Party; or
d. a joint venture consisting exclusively of any combination of any
of the foregoing,
which is undertaking Antarctic mineral resource activities and for
which there is a Sponsoring State.
12 `Sponsoring State' means the Party with which an Operator has a
substantial and genuine link, through being:
a. in the case of a Party, that Party;
b. in the case of an agency or instrumentality of a Party, that
Party;
c. in the case of a juridical person other than an agency or
instrumentality of a Party, the Party:
i. under whose law that juridical person is established and to
whose law it is subject, without prejudice to any other law
which might be applicable, and
ii. in whose territory the management of that juridical person
is located, and
iii. to whose effective control that juridical person is
subject;
d. in the case of a joint venture not constituting a juridical
person:
i. where the managing member of the joint venture is a Party or
an agency or instrumentality of a Party, that Party; or
ii. in any other case, where in relation to a Party the
managing member of the joint venture satisfies the
requirements of subparagraph (c) above, that Party.
13 `Managing member of the joint venture' means that member which the
participating members in the joint venture have by agreement
designated as having responsibility for central management of the
joint venture, including the functions of organising and
supervising the activities to be undertaken, and controlling the
financial resources involved.
14 `Effective control' means the ability of the Sponsoring State to
ensure the availability of substantial resources of the Operator
for purposes connected with the implementation of this Convention,
through the location of such resources in the territory of the
Sponsoring State or otherwise.
15 `Damage to the Antarctic environment or dependent or associated
ecosystems' means any impact on the living or non-living components
of that environment or those ecosystems, including harm to
atmospheric, marine or terrestrial life, beyond that which is
negligible or which has been assessed and judged to be acceptable
pursuant to this Convention.
16 `Commission' means the Antarctic Mineral Resources Commission
established pursuant to Article 18.
17 `Regulatory Committee' means an Antarctic Mineral Resources
Regulatory Committee established pursuant to Article 29.
18 `Advisory Committee' means the Scientific, Technical and
Environmental Advisory Committee established pursuant to Article
23.
19 `Special Meeting of Parties' means the Meeting referred to in
Article 28.
20 `Arbitral Tribunal' means an Arbitral Tribunal constituted as
provided for in the Annex, which forms an integral part of this
Convention.
1 This Convention is an integral part of the Antarctic Treaty system,
comprising the Antarctic Treaty, the measures in effect under that
Treaty, and its associated separate legal instruments, the prime
purpose of which is 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. The Parties
provide through this Convention, the principles it establishes, the
rules it prescribes, the institutions it creates and the decisions
adopted pursuant to it, a means for:
a. assessing the possible impact on the environment of Antarctic
mineral resource activities;
b. determining whether Antarctic mineral resource activities are
acceptable;
c. governing the conduct of such Antarctic mineral resource
activities as may be found acceptable; and
d. ensuring that any Antarctic mineral resource activities are
undertaken in strict conformity with this Convention..
2 In implementing this Convention, the Parties shall ensure that
Antarctic mineral resource activities, should they occur, take
place in a manner consistent with all the components of the
Antarctic Treaty system and the obligations flowing therefrom.
3 In relation to Antarctic mineral resource activities, should they
occur, the Parties acknowledge the special responsibility of the
Antarctic Treaty Consultative Parties for the protection of the
environment and the need to:
a. protect the Antarctic environment and dependent and associated
ecosystems;
b. respect Antarctica's significance for, and influence on, the
global environment;
c. respect other legitimate uses of Antarctica;
d. respect Antarctica's scientific value and aesthetic and
wilderness qualities;
e. ensure the safety of operations in Antarctica;
f. promote opportunities for fair and effective participation of
all Parties; and
g. take into account the interests of the international community
as a whole.
No Antarctic mineral resource activities shall be conducted except in
accordance with this Convention and measures in effect pursuant to it
and, in the case of exploration or development, with a Management
Scheme approved pursuant to Article 48 or 54.
1 Decisions about Antarctic mineral resource activities shall be based
upon information adequate to enable informed judgments to be made
about their possible impacts and no such activities shall take
place unless this information is available for decisions relevant
to those activities.
2 No Antarctic mineral resource activity shall take place until it is
judged, based upon assessment of its possible impacts on the
Antarctic environment and on dependent and on associated
ecosystems, that the activity in question would not cause:
a. significant adverse effects on air and water quality;
b. significant changes in atmospheric, terrestrial or marine
environments;
c. significant changes in the distribution, abundance or
productivity of populations of species of fauna or flora;
d. further jeopardy to endangered or threatened species or
populations of such species; or
e. degradation of, or substantial risk to, areas of special
biological, scientific, historic, aesthetic or wilderness
significance.
3 No Antarctic mineral resource activity shall take place until it is
judged, based upon assessment of its possible impacts, that the
activity in question would not cause significant adverse effects on
global or regional climate or weather patterns.
4 No Antarctic mineral resource activity shall take place until it is
judged that:
a. technology and procedures are available to provide for safe
operations and compliance with paragraphs 2 and 3 above;
b. there exists the capacity to monitor key environmental
parameters and ecosystem components so as to identify any
adverse effects of such activity and to provide for the
modification of operating procedures as may be necessary in the
light of the results of monitoring or increased knowledge of the
Antarctic environment or dependent or associated ecosystems; and
c. there exists the capacity to respond effectively to accidents,
particularly those with potential environmental effects.
5 The judgments referred to in paragraphs 2, 3 and 4 above shall take
into account the cumulative impacts of possible Antarctic mineral
resource activities both by themselves and in combination with
other such activities and other uses of Antarctica.
1 This Convention shall, subject to paragraphs 2, 3 and 4 below, apply
to the Antarctic Treaty area.
2 Without prejudice to the responsibilities of the Antarctic Treaty
Consultative Parties under the Antarctic Treaty and measures
pursuant to it, the Parties agree that this Convention shall
regulate Antarctic mineral resource activities which take place on
the continent of Antarctica and all Antarctic islands, including
all ice shelves, south of 60deg. south latitude and in the seabed
and subsoil of adjacent offshore areas up to the deep seabed.
3 For the purposes of this Convention `deep seabed' means the seabed
and subsoil beyond the geographic extent of the continental shelf
as the term continental shelf is defined in accordance with
international law.
4 Nothing in this Article shall be construed as limiting the
application of other Articles of this Convention in so far as they
relate to possible impacts outside the area referred to in
paragraphs 1 and 2 above, including impacts on dependent or on
associated ecosystems.
In the implementation of this Convention cooperation within its
framework shall be promoted and encouragement given to international
participation in Antarctic mineral resource activities by interested
Parties which are Antarctic Treaty Consultative Parties and by other
interested Parties, in particular, developing countries in either
category. Such participation may be realised through the Parties
themselves and their Operators.
1 Each Party shall take appropriate measures within its competence to
ensure compliance with this Convention and any measures in effect
pursuant to it.
2 If a Party is prevented by the exercise of jurisdiction by another
Party from ensuring compliance in accordance with paragraph 1
above, it shall not, to the extent that it is so prevented, bear
responsibility for that failure to ensure compliance.
3 If any jurisdictional dispute related to compliance with this
Convention or any measure in effect pursuant to it arises between
two or more Parties, the Parties concerned shall immediately
consult together with a view to reaching a mutually acceptable
solution.
4 Each Party shall notify the Executive Secretary, for circulation to
all other Parties, of the measures taken pursuant to paragraph 1
above.
5 Each Party shall exert appropriate efforts, consistent with the
Charter of the United Nations, to the end that no one engages in
any Antarctic mineral resource activities contrary to the
objectives and principles of this Convention.
6 Each Party may, whenever it deems it necessary, draw the attention
of the Commission to any activity which in its opinion affects the
implementation of the objectives and principles of this Convention.
7 The Commission shall draw the attention of all Parties to any
activity which, in the opinion of the Commission, affects the
implementation of the objectives and principles of this Convention or
the compliance by any Party with its obligations under this Convention
and any measures in effect pursuant to it.
8 The Commission shall draw the attention of any State which is not a
Party to this Convention to any activity undertaken by that State, its
agencies or instrumentalities, natural or juridical persons, ships,
aircraft or other means of transportation which, in the opinion of the
Commission, affects the implementation of the objectives and
principles of this Convention. The Commission shall inform all
Parties accordingly.
9 Nothing in this Article shall affect the operation of Article 127.
of this Convention or Article VIII of the Antarctic Treaty.
1 An Operator undertaking any Antarctic mineral resource activity
shall take necessary and timely response action, including prevention,
containment, clean up and removal measures, if the activity results in
or threatens to result in damage to the Antarctic environment or
dependent or associated ecosystems. The Operator, through its
Sponsoring State, shall notify the Executive Secretary, for
circulation to the relevant institutions of this Convention and to all
Parties, of action taken pursuant to this paragraph.
2 An Operator shall be strictly liable for:
a. damage to the Antarctic environment or dependent or associated
ecosystems arising from its Antarctic mineral resource activities,
including payment in the event that there has been no restoration to
the status quo ante;
b. loss of or impairment to an established use, as referred to in
Article 15, or loss of or impairment to an established use of
dependent or associated ecosystems, arising directly out of damage
described in subparagraph (a) above;
c. loss of or damage to property of a third party or loss of life
or personal injury of a third party arising directly out of damage
described in subparagraph (a) above; and
d. reimbursement of reasonable costs by whomsoever incurred
relating to necessary response action, including prevention,
containment, clean up and removal measures, and action taken to
restore the status quo ante where Antarctic mineral resource
activities undertaken by that Operator result in or threaten to result
in damage to the Antarctic environment or dependent or associated
ecosystems.
3
a. Damage of the kind referred to in paragraph 2 above which
would not have occurred or continued if the Sponsoring State had
carried out its obligations under this Convention with respect to its
Operator shall, in accordance with international law, entail liability
of that Sponsoring State. Such liability shall be limited to that
portion of liability not satisfied by the Operator or otherwise.
b. Nothing in subparagraph (a) above shall affect the application
of the rules of international law applicable in the event that damage
not referred to in that subparagraph would not have occurred or
continued if the Sponsoring State had carried out its obligations
under this Convention with respect to its Operator.
4 An Operator shall not be liable pursuant to paragraph 2 above if it
proves that the damage has been caused directly by, and to the extent
that it has been caused directly by:
a. an event constituting in the circumstances of Antarctica a
natural disaster of an exceptional character which could not
reasonably have been foreseen; or
b. armed conflict, should it occur notwithstanding the Antarctic
Treaty, or an act of terrorism directed against the activities of the
Operator, against which no reasonable precautionary measures could
have been effective.
5 Liability of an Operator for any loss of life, personal injury or
loss of or damage to property other than that governed by this Article
shall be regulated by applicable law and procedures.
6 If an Operator proves that damage has been caused totally or in part
by an intentional or grossly negligent act or omission of the party
seeking redress, that Operator may be relieved totally or in part from
its obligation to pay compensation in respect of the damage suffered
by such party.
7
a. Further rules and procedures in respect of the provisions on
liability set out in this Article shall be elaborated through a
separate Protocol which shall be adopted by consensus by the members
of the Commission and shall enter into force according to the
procedure provided for in Article 62 for the entry into force of this
Convention.
b. Such rules and procedures shall be designed to enhance the
protection of the Antarctic environment and dependent and associated
ecosystems.
c. Such rules and procedures:
i. may contain provisions for appropriate limits on liability,
where such limits can be justified;
ii. without prejudice to Article 57, shall prescribe means and
mechanisms such as a claims tribunal or other fora by which claims
against Operators pursuant to this Article may be assessed and
adjudicated;
iii. shall ensure that a means is provided to assist with immediate
response action, and to satisfy liability under paragraph 2 above in
the event, inter alia, that an Operator liable is financially
incapable of meeting its obligation in full, that it exceeds any
relevant limits of liability, that there is a defence to liability or
that the loss or damage is of undetermined origin. Unless it is
determined during the elaboration of the Protocol that there are other
effective means of meeting these objectives, the Protocol shall
establish a Fund or Funds and make provision in respect of such Fund
or Funds, inter alia, for the following:
-- financing by Operators or on industry wide bases;
-- ensuring the permanent liquidity and mandatory supplementation
thereof in the event of insufficiency;
-- reimbursement of costs of response action, by whomsoever incurred.
8 Nothing in paragraphs 4, 6 and 7 above or in the Protocol adopted
pursuant to paragraph 7 shall affect in any way the provisions of
paragraph 1 above.
9 No application for an exploration or development permit shall be
made until the Protocol provided for in paragraph 7 above is in force
for the Party lodging such application.
10 Each Party, pending the entry into force for it of the Protocol
provided for in paragraph 7 above, shall ensure, consistently with
Article 7 and in accordance with its legal system, that recourse is
available in its national courts for adjudicating liability claims
pursuant to paragraphs 2, 4 and 6 above against Operators which are
engaged in prospecting. Such recourse shall include the adjudication
of claims against any Operator it has sponsored. Each Party shall
also ensure, in accordance with its legal system, that the Commission
has the right to appear as a party in its national courts to pursue
relevant liability claims under paragraph 2(a) above.
11 Nothing in this Article or in the Protocol provided for in
paragraph 7 above shall be construed as as to:
a. preclude the application of existing rules on liability, and
the development in accordance with international law of further such
rules, which may have application to either States or Operators; or
b. affect the right of an Operator incurring liability pursuant
to this Article to seek redress from another party which caused or
contributed to the damage in question.
12 When compensation has been paid other than under this Convention
liability under this Convention shall be offset by the amount of such
payment.
Nothing in this Convention and no acts or activities taking place
while this Convention is in force shall:
a. constitute a basis for asserting, supporting or denying a
claim to territorial sovereignty in the Antarctic Treaty area or
create any rights of sovereignty in the Antarctic Treaty area;
b. be interpreted as a renunciation or diminution by any Party
of, or as prejudicing, any right or claim or basis of claim to
territorial sovereignty in Antarctica or to exercise coastal state
jurisdiction under international law;
c. be interpreted as prejudicing the position of any Party as
regards its recognition or non-recognition of any such right, claim or
basis of claim; or
d. affect the provision of Article IV(2) of the Antarctic Treaty
that no new claim, or enlargement of an existing claim, to territorial
sovereignty in Antarctica shall be asserted while the Antarctic Treaty
is in force.
1 Each Party shall ensure that Antarctic mineral resource activities
take place in a manner consistent with the components of the Antarctic
Treaty system, including the Antarctic Treaty, the Convention for the
Conservation of Antarctic Seals and the Convention on the Conservation
of Antarctic Marine Living Resources and the measures in effect
pursuant to those instruments.
2 The Commission shall consult and cooperate with the Antarctic Treaty
Consultative Parties, the Contracting Parties to the Convention for
the Conservation of Antarctic Seals, and the Commission for the
Conservation of Antarctic Marine Living Resources with a view to
ensuring the achievement of the objectives and principles of this
Convention and avoiding any interference with the achievement of the
objectives and principles of the Antarctic Treaty, the Convention for
the Conservation of Antarctic Seals or the Convention on the
Conservation of Antarctic Marine Living Resources, or inconsistency
between the measures in effect pursuant to those instruments and
measures in effect pursuant to this Convention.
All stations, installations and equipment, in the Antarctic Treaty
area, relating to Antarctic mineral resource activities, as well as
ships and aircraft supporting such activities at points of discharging
or embarking cargoes or personnel at such stations and installations,
shall be open at all times to inspection by observers designated under
Article VII of the Antarctic Treaty for the purposes of that Treaty.
1 In order to promote the objectives and principles and to ensure the
observance of this Convention and measures in effect pursuant to it,
all stations, installations and equipment relating to Antarctic
mineral resource activities in the area in which these activities are
regulated by this Convention, as well as ships and aircraft supporting
such activities at points of discharging or embarking cargoes or
personnel anywhere in that area shall be open at all times to
inspection by:
a. observers designated by any member of the Commission who shall
be nationals of that member; and
b. observers designated by the Commission or relevant Regulatory
Committees.
2 Aerial inspection may be carried out at any time over the area in
which Antarctic mineral resource activities are regulated by this
Convention.
3 The Commission shall maintain an up-to-date list of observers
designated pursuant to paragraph 1(a) and (b) above.
4 Reports from the observers shall be transmitted to the Commission
and to any Regulatory Committee having competence in the area where
the inspection has been carried out.
5 Observers shall avoid interference with the safe and normal
operations of stations, installations and equipment visited and shall
respect measures adopted by the Commission to protect confidentiality
of data and information.
6 Inspections undertaken pursuant to paragraph 1(a) and (b) above
shall be compatible and reinforce each other and shall not impose an
undue burden on the operation of stations, installations and equipment
visited.
7 In order to facilitate the exercise of their functions under this
Convention, and without prejudice to the respective positions of the
Parties relating to jurisdiction over all other persons in the area in
which Antarctic mineral resource activities are regulated by this
Convention, observers designated under this Article shall be subject
only to the jurisdiction of the Party of which they are nationals in
respect of all acts or omissions occurring while they are in that area
for the purpose of exercising their functions.
8 No exploration or development shall take place in an area identified
pursuant to Article 41 until effective provision has been made for
inspection in that area.
1 Antarctic mineral resource activities shall be prohibited in any
area designated as a Specially Protected Area or a Site of Special
Scientific Interest under Article IX(1) of the Antarctic Treaty. Such
activities shall also be prohibited in any other area designated as a
protected area in accordance with Article IX(1) of the Antarctic
Treaty, except to the extent that the relevant measure provides
otherwise. Pending any designation becoming effective in accordance
with Article IX(4) of the Antarctic Treaty, no Antarctic mineral
resource activities shall take place in any such area which would
prejudice the purpose for which it was designated.
2 The Commission shall also prohibit or restrict Antarctic mineral
resource activities in any area which, for historic, ecological,
environmental, scientific or other reasons, it has designated as a
protected area.
3 In exercising its powers under paragraph 2 above or under Article 41
the Commission shall consider whether to restrict or prohibit
Antarctic mineral resource activities in any area, in addition to
those referred to in paragraph 1 above, protected or set aside
pursuant to provisions of other components of the Antarctic Treaty
system, to ensure the purposes for which they are designated.
4 In relation to any area in which Antarctic mineral resource
activities are prohibited or restricted in accordance with paragraph
1, 2 or 3 above, the Commission shall consider whether, for the
purposes of Article 4(2)(e), it would be prudent, additionally, to
prohibit or restrict Antarctic mineral resource activities in adjacent
areas for the purpose of creating a buffer zone.
5 The Commission shall give effect to Article 10(2) in acting pursuant
to paragraphs 2, 3 and 4 above.
6 The Commission shall, where appropriate, bring any decisions it
takes pursuant to this Article to the attention of the Antarctic
Treaty Consultative Parties, the Contracting Parties to the Convention
for the Conservation of Antarctic Seals, the Commission for the
Conservation of Antarctic Marine Living Resources and the Scientific
Committee on Antarctic Research.
In the implementation of this Convention there shall be no
discrimination against any Party or its Operators.
1 Decisions about Antarctic mineral resource activities shall take
into account the need to respect other established uses of Antarctica,
including:
a. the operation of stations and their associated installations,
support facilities and equipment in Antarctica;
b. scientific investigation in Antarctica and cooperation
therein;
c. the conservation, including rational use, of Antarctic marine
living resources;
d. tourism;
e. the preservation of historic monuments; and
f. navigation and aviation,
that are consistent with the Antarctic Treaty system.
2 Antarctic mineral resource activities shall be conducted so as to
respect any uses of Antarctica as referred to in paragraph 1 above.
Data and information obtained from Antarctic mineral resource
activities shall, to the greatest extent practicable and feasible, be
made freely available, provided that:
a. as regards data and information of commercial value deriving
from prospecting, they may be retained by the Operator in accordance
with Article 37;
b. as regards data and information deriving from exploration or
development, the Commission shall adopt measures relating, as
appropriate, to their release and to ensure the confidentiality of
data and information of commercial value.
1 Where in this Convention there is a reference to the provision of
information, a notification or a report to any institution provided
for in this Convention and that institution has not been established,
the information, notification or report shall be provided to the
Executive Secretary who shall circulate it as required.
2 Where in this Convention a function is assigned to the Executive
Secretary and no Executive Secretary has been appointed under Article
33, that function shall be performed by the Depositary.
1 There is hereby established the Antarctic Mineral Resources
Commission.
2 Membership of the Commission shall be as follows:
a. each Party which was an Antarctic Treaty Consultative Party on
the date when this Convention was opened for signature; and
b. each other Party during such time as it is actively engaged in
substantial scientific, technical or environmental research in the
area to which this Convention applies directly relevant to decisions
about Antarctic mineral resource activities, particularly the
assessments and judgments called for in Article 4; and
c. each other Party sponsoring Antarctic mineral resource
exploration or development during such time as the relevant Management
Scheme is in force.
3 A Party seeking to participate in the work of the Commission
pursuant to subparagraph (b) or (c) above shall notify the Depositary
of the basis upon which it seeks to become a member of the Commission.
In the case of a Party which is not an Antarctic Treaty Consultative
Party, such notification shall include a declaration of intent to
abide by recommendations pursuant to Article IX(1) of the Antarctic
Treaty. The Depositary shall communicate to each member of the
Commission such notification and accompanying information.
4 The Commission shall consider the notification at its next meeting.
In the event that a Party referred to in paragraph 2(b) above
submitting a notification pursuant to paragraph 3 above is an
Antarctic Treaty Consultative Party, it shall be deemed to have
satisfied the requirements for Commission membership unless more than
one-third of the members of the Commission object at the meeting at
which such notification is considered. Any other Party submitting a
notification shall be deemed to have satisfied the requirements for
Commission membership if no member of the Commission objects at the
meeting at which such notification is considered.
5 Each member of the Commission shall be represented by one
representative who may be accompanied by alternate representatives and
advisers.
6 Observer status in the Commission shall be open to any Party and to
any Contracting Party to the Antarctic Treaty which is not a Party to
this Convention.
1
a. The first meeting of the Commission, held for the purpose of
taking organisational, financial and other decisions necessary for the
effective functioning of this Convention and its institutions, shall
be convened within six months of the entry into force of this
Convention.
b. After the Commission has held the meeting or meetings
necessary to take the decisions referred to in subparagraph (a) above,
the Commission shall not hold further meetings except in accordance
with paragraph 2 or 3 below.
2 Meetings of the Commission shall be held within two months of:
a. receipt of a notification pursuant to Article 39;
b. a request by at least six members of the Commission; or
c. a request by a member of a Regulatory Committee in accordance
with Article 49(1).
3 The Commission may establish a regular schedule of meetings if it
determines that it is necessary for the effective functioning of this
Convention.
4 Unless the Commission decides otherwise, its meetings shall be
convened by the Executive Secretary.
1 The Commission shall elect from among its members a Chairman and two
Vice-Chairmen, each of whom shall be a representative of a different
Party.
2
a. Until such time as the Commission has established a regular
schedule of meetings in accordance with Article 19(3), the Chairman
and Vice-Chairmen shall be elected to serve for a period of two years,
provided that if no meeting is held during that period they shall
continue to serve until the conclusion of the first meeting held
thereafter.
b. When a regular schedule of meetings has been established, the
Chairman and Vice-Chairmen shall be elected to serve for a period of
two years.
3 The Commission shall adopt its rules of procedure. Such rules may
include provisions concerning the number of terms of office which the
Chairman and Vice-Chairmen may serve and for the rotation of such
offices.
4 The Commission may establish such subsidiary bodies as are necessary
for the performance of its functions.
5 The Commission may decide to establish a permanent headquarters
which shall be in New Zealand.
6 The Commission shall have legal personality and shall enjoy in the
territory of each Party such legal capacity as may be necessary to
perform its functions and achieve the objectives of this Convention.
7 The privileges and immunities to be enjoyed by the Commission, the
Secretariat and representatives attending meetings in the territory of
a Party shall be determined by agreement between the Commission and
the Party concerned.
1 The functions of the Commission shall be:
a. to facilitate and promote the collection and exchange of
scientific, technical and other information and research projects
necessary to predict, detect and assess the possible environmental
impact of Antarctic mineral resource activities, including the
monitoring of key environmental parameters and ecosystem components;
b. o designate areas in which Antarctic mineral resource
activities shall be prohibited or restricted in accordance with
Article 13, and to perform the related functions assigned to it in
that Article;
c. to adopt measures for the protection of the Antarctic
environment and dependent and associated ecosystems and for the
promotion of safe and effective exploration and development techniques
and, as it may deem appropriate, to make available a handbook of such
measures;
d. to determine, in accordance with Article 41, whether or not to
identify an area for possible exploration and development, and to
perform the related functions assigned to it in Article 42;
e. to adopt measures relating to prospecting applicable to all
relevant Operators:
i. to determine for particular circumstances maximum drilling
depths in accordance with Article 1(8);
ii. to restrict or prohibit prospecting consistently with Articles
13, 37 and 38;
f. to ensure the effective application of Articles 12(4), 37(7)
and (8), 38(2) and 39(2), which require the submission to the
Commission of information, notifications and reports;
g. to give advance public notice of matters upon which it is
requesting the advice of the Advisory Committee;
h. to adopt measures relating to the availability and
confidentiality of data and information, including measures pursuant
to Article 16;
i. to elaborate the principle of non-discrimination set forth in
Article 14;
j. to adopt measures with respect to maximum block sizes;
k. to perform the functions assigned to it in Article 29;
l. to review action by Regulatory Committees in accordance with
Article 49;
m. to adopt measures in accordance with Articles 6 and 41(1)(d)
related to the promotion of cooperation and to participation in
Antarctic mineral resource activities;
n. to adopt general measures pursuant to Article 51(6);
o. to take decisions on budgetary matters and adopt financial
regulations in accordance with Article 35;
p. to adopt measures regarding fees payable in connection with
notifications submitted pursuant to Articles 37 and 39 and
applications lodged pursuant to Articles 44 and 53, the purpose of
which fees shall be to cover the administrative costs of handling such
notifications and applications;
q. to adopt measures regarding levies payable by Operators
engaged in exploration and development, the principal purpose of which
levies shall be to cover the costs of the institutions of this
Convention;
r. to determine in accordance with Article 35(7) the disposition
of revenues, if any, accruing to the Commission which are surplus to
the requirements for financing the budget pursuant to Article 35;
s. to perform the functions assigned to it in Article 7(7) and
(8);
t. to perform the functions relating to inspection assigned to it
in Article 12;
u. to consider monitoring reports received pursuant to Article
52;
v. to perform the functions relating to dispute settlement
assigned to it in Article 59;
w. to perform the functions relating to consultation and
cooperation assigned to it in Articles 10(2) and 34;
x. to keep under review the conduct of Antarctic mineral resource
activities with a view to safeguarding the protection of the Antarctic
environment in the interest of all mankind; and
y. to perform such other functions as are provided for elsewhere
in this Convention.
2 In performing its functions the Commission shall seek and take full
account of the views of the Advisory Committee provided in accordance
with Article 26.
3 Each measure adopted by the Commission shall specify the date on
which it comes into effect.
4 The Commission shall, subject to Article 16 and measures in effect
pursuant to it and paragraph 1(h) above, ensure that a publicly
available record of its meetings and decisions and of information,
notifications and reports submitted to it is maintained.
1 The Commission shall take decisions on matters of substance by a
three-quarters majority of the members present and voting. When a
question arises as to whether a matter is one of substance or not,
that matter shall be treated as one of substance unless otherwise
decided by a three-quarters majority of the members present and
voting.
2 Notwithstanding paragraph 1 above, consensus shall be required for
the following:
a. the adoption of the budget and decisions on budgetary and
related matters pursuant to Article 21(1)(p), (q) and (r) and Article
35(1), (2), (3), (4) and (5);
b. decisions taken pursuant to Article 21(1)(i);
c. decisions taken pursuant to Article 41(2).
3 Decisions on matters of procedure shall be taken by a simple
majority of the members present and voting.
4 Nothing in this Article shall be interpreted as preventing the
Commission, in taking decisions on matters of substance, from
endeavouring to reach a consensus.
5 For the purposes of this Article, consensus means the absence of a
formal objection. If, with respect to any decision covered by
paragraph 2(c) above, the Chairman of the Commission determines that
there would be such an objection he shall consult the members of the
Commission. If, as a result of these consultations, the Chairman
determines that an objection would remain, he shall convene those
members most directly interested for the purpose of seeking to
reconcile the differences and producing a generally acceptable
proposal.
1 There is hereby established the Scientific, Technical and
Environmental Advisory Committee.
2 Membership of the Advisory Committee shall be open to all Parties.
3 Each member of the Advisory Committee shall be represented by one
representative with suitable scientific, technical or environmental
competence who may be accompanied by alternate representatives and by
experts and advisers.
4 Observer status in the Advisory Committee shall be open to any
Contracting Party to the Antarctic Treaty or to the Convention on the
Conservation of Antarctic Marine Living Resources which is not a Party
to this Convention.
1 Unless the Commission decides otherwise, the Advisory Committee
shall be convened for its first meeting within six months of the first
meeting of the Commission. It shall meet thereafter as necessary to
fulfil its functions on the basis of a schedule established by the
Commission.
2 Meetings of the Advisory Committee, in addition to those scheduled
pursuant to paragraph 1 above, shall be convened at the request of at
least six members of the Commission or pursuant to Article 40(1).
3 Unless the Commission decides otherwise, the meetings of the
Advisory Committee shall be convened by the Executive Secretary.
1 The Advisory Committee shall elect from among its members a Chairman
and two Vice-Chairmen, each of whom shall be a representative of a
different Party.
2
a. Until such time as the Commission has established a schedule
of meetings in accordance with Article 24(1), the Chairman and
Vice-Chairmen shall be elected to serve for a period of two years,
provided that if no meeting is held during that period they shall
continue to serve until the conclusion of the first meeting held
thereafter.
b. When a schedule of meetings has been established, the Chairman
and Vice-Chairmen shall be elected to serve for a period of two years.
3 The Advisory Committee shall give advance public notice of its
meetings and of matters to be considered at each meeting so as to
permit the receipt and consideration of views on such matters from
international organisations having an interest in them. For this
purpose the Advisory Committee may, subject to review by the
Commission, establish procedures for the transmission of relevant
information to these organisations.
4 The Advisory Committee shall, by a two-thirds majority of the
members present and voting, adopt its rules of procedure. Such rules
may include provisions concerning the number of terms of office which
the Chairman and Vice-Chairmen may serve and for the rotation of such
offices. The rules of procedure and any amendments thereto shall be
subject to approval by the Commission.
5 The Advisory Committee may establish such subcommittees, subject to
budgetary approval, as may be necessary for the performance of its
functions.
1 The Advisory Committee shall advise the Commission and Regulatory
Committees, as required by this Convention, or as requested by them,
on the scientific, technical and environmental aspects of Antarctic
mineral resource activities. It shall provide a forum for consultation
and cooperation concerning the collection, exchange and evaluation of
information related to the scientific, technical and environmental
aspects of Antarctic mineral resource activities.
2 It shall provide advice to:
a. the Commission relating to its functions under Articles
21(1)(a) to (f), (u) and (x) and 35(7)(a) (in matters relating to
scientific research) as well as on the implementation if Article 4;
and
b. Regulatory Committees with respect to:
i. the implementation of Article 4;
ii. scientific, technical and environmental aspects of Articles
43(3) and (5), 45, 47, 51, 52 and 54;
iii. data to be collected and reported in accordance with Articles
47 and 52; and
iv the scientific, technical and environmental implications of
reports and reported data provided in accordance with Articles 47 and
52.
3 It shall provide advice to the Commission and to Regulatory
Committees on:
a. criteria in respect of the judgments required under Article
4(2) and (3) for the purposes of Article 4(1);
b. types of data and information required to carry out its
functions, and how they should be collected, reported and archived;
c. scientific research which would contribute to the base of data
and information required in subparagraph (b) above;
d. effective procedures and systems for data and information
analysis, evaluation, presentation and dissemination to facilitate the
judgments referred to in Article 4; and
e. possibilities for scientific, technical and environmental
cooperation amongst interested Parties which are developing countries
and other Parties.
4 The Advisory Committee, in providing advice on decisions to be taken
in accordance with Articles 41, 43, 45 and 54 shall, in each case,
undertake a comprehensive environmental and technical assessment of
the proposed actions. Such assessments shall be based on all
information, and any amplifications thereof, available to the Advisory
Committee, including the information provided pursuant to Articles
39(2)(e), 44(2)(b)(iii) and 53(2)(b). The assessments of the Advisory
Committee shall, in each case, address the nature and scope of the
decisions to be taken and shall include consideration, as appropriate,
of, inter alia:
a. the adequacy of existing information to enable informed
judgments to be made;
b. the nature, extent, duration and intensity of likely direct
environmental impacts resulting from the proposed activity;
c. possible indirect impacts;
d. means and alternatives by which such direct or indirect
impacts might be reduced, including environmental consequences of the
alternative of not proceeding;
e. cumulative impacts of the proposed activity in the light of
existing or planned activities;
f. capacity to respond effectively to accidents with potential
environmental effects;
g. the environmental significance of unavoidable impacts; and
h. the probabilities of accidents and their environmental
consequences.
5 In preparing its advice the Advisory Committee may seek information
and advice from other scientists and experts or scientific
organisations as may be required on an ad hoc basis.
6 The Advisory Committee shall, with a view to promoting international
participation in Antarctic mineral resource activities as provided for
in Article 6, provide advice concerning the availability to interested
developing country Parties and other Parties, of the information
referred to in paragraph 3 above, of training programmes related to
scientific, technical and environmental matters bearing on Antarctic
mineral resource activities, and of opportunities for cooperation
among Parties in these programmes.
The Advisory Committee shall present a report on each of its meetings
to the Commission and to any relevant Regulatory Committee. The
report shall cover all matters considered at the meeting and shall
reflect the conclusions reached and all the views expressed by members
of the Advisory Committee. The report shall be circulated by the
Executive Secretary to all Parties, and to observers attending the
meeting, and shall thereupon be made publicly available.
1 A Special Meeting of Parties shall, as required, be convened in
accordance with Article 40(2) and shall have the functions, in
relation to the identification of an area for possible exploration and
development, specified in Article 40(3).
2 Membership of a Special Meeting of Parties shall be open to all
Parties, each of which shall be represented by one representative who
may be accompanied by alternate representatives and advisers.
3 Observer status at a Special Meeting of Parties shall be open to any
Contracting Party to the Antarctic Treaty which is not a Party to this
Convention.
4 Each Special Meeting of Parties shall elect from among its members a
Chairman and Vice-Chairmen, each of whom shall serve for the duration
of that meeting. The Chairman and Vice-Chairman shall not be
representatives of the same Party.
5 The Special Meeting of Parties shall, by a two-thirds majority of
the members present and voting, adopt its rules of procedure. Until
such time as this has been done the Special Meeting of Parties shall
apply provisional rules of procedure drawn up by the Commission.
6 Unless the Commission decides otherwise, a Special Meeting of
Parties shall be convened by the Executive Secretary and shall be held
at the same venue as the meeting of the Commission convened to
consider the identification of an area for possible exploration and
development.
The Advisory Committee shall present a report on each of its meetings
to the Commission and to any relevant Regulatory Committee. The
report shall cover all matters considered at the meeting and shall
reflect the conclusions reached and all the views expressed by members
of the Advisory Committee. The report shall be circulated by the
Executive Secretary to all Parties, and to observers attending the
meeting, and shall thereupon be made publicly available.
1 A Special Meeting of Parties shall, as required, be convened in
accordance with Article 40(2) and shall have the functions, in
relation to the identification of an area for possible exploration and
development, specified in Article 40(3).
2 Membership of a Special Meeting of Parties shall be open to all
Parties, each of which shall be represented by one representative who
may be accompanied by alternate representatives and advisers.
3 Observer status at a Special Meeting of Parties shall be open to any
Contracting Party to the Antarctic Treaty which is not a Party to this
Convention.
4 Each Special Meeting of Parties shall elect from among its members a
Chairman and Vice-Chairmen, each of whom shall serve for the duration
of that meeting. The Chairman and Vice-Chairman shall not be
representatives of the same Party.
5 The Special Meeting of Parties shall, by a two-thirds majority of
the members present and voting, adopt its rules of procedure. Until
such time as this has been done the Special Meeting of Parties shall
apply provisional rules of procedure drawn up by the Commission.
6 Unless the Commission decides otherwise, a Special Meeting of
Parties shall be convened by the Executive Secretary and shall be held
at the same venue as the meeting of the Commission convened to
consider the identification of an area for possible exploration and
development.
1 An Antarctic Mineral Resources Regulatory Committee shall be
established for each area identified by the Commission pursuant to
Article 41.
2 Subject to paragraph 6 below, each Regulatory Committee shall
consist of 1O members. Membership shall be determined by the
Commission in accordance with this Article and, taking into account
Article 9, shall include:
a. the member, if any, or if there are more than one, those
members of the Commission identified by reference to Article 9(b)
which assert rights or claims in the identified area;
b. the two members of the Commission also identified by reference
to Article 9(b) which assert a basis of claim in Antarctica;
c. other members of the Commission determined in accordance with
this Article so that the Regulatory Committee shall, subject to
paragraph 6 below, consist, in total, of 10 members:
i. four members identified by reference to Article 9(b) which
assert rights or claims, including the member or members, if any,
referred to in subparagraph (a) above and
ii. six members which do not assert rights or claims as described
in Article 9(b), including the two members referred to in subparagraph
(b) above.
3 Upon the identification of an area in accordance with Article 41(2),
the Chairman of the Commission shall, as soon as possible and in any
event within 90 days, make a recommendation to the Commission
concerning the membership of the Regulatory Committee. To this end
the Chairman shall consult, as appropriate, with the Chairman of the
Advisory Committee and all members of the Commission. Such
recommendation shall comply with the requirements of paragraphs 2 and
4 of this Article and shall ensure:
a. the inclusion of members of the Commission which, whether
through prospecting, scientific research or otherwise, have
contributed substantial scientific, technical or environmental
information relevant to the identification of the area by the
Commission pursuant to Article 41;
b. adequate and equitable representation of developing country
members of the Commission, having regard to the overall balance
between developed and developing country members of the Commission,
including at least three developing country members of the Commission;
c. that account is taken of the value of a rotation of membership
of Regulatory Committees as a further means of ensuring equitable
representation of members of the Commission.
4
a. When there are one or more members of the Regulatory Committee
referred to in paragraph 2(a) above, the Chairman of the Commission
shall make the recommendation in respect of paragraph 2(c)(i) above
upon the nomination, if any, of such member or members which shall
take into account paragraph 3 above, in particular subparagraph (b) of
that paragraph.
b. In making the recommendation in respect of paragraph 2(c)(ii)
above, the Chairman of the Commission shall give full weight to the
views (which shall take into account paragraph 3 above) which may be
presented on behalf of those members of the Commission which do not
assert rights of or claims to territorial sovereignty in Antarctica
and, with reference to the requirements of paragraph 3(b) above, to
the views which may be presented on behalf of the developing countries
among them.
5 The recommendation of the Chairman of the Commission shall be deemed
to have been approved by the Commission if it does not decide
otherwise at the same meeting as the recommendation is submitted. In
taking any decision in accordance with this Article the Commission
shall ensure that the requirements of paragraphs 2 and 3 above are
complied with and that the nomination, if any, referred to in
paragraph 4(a) above is given effect.
6
a. If a member of the Commission which has sponsored prospecting
in the identified area and submitted the notification pursuant to
Article 39 upon which the Commission based its identification of the
area pursuant to Article 41, is not a member of the Regulatory
Committee by virtue of paragraphs 2 and 3 above, that member of the
Commission shall be a member of the Regulatory Committee until such
time as an application for an exploration permit is lodged pursuant to
Article 44.
b. If a Party lodging an application for an exploration permit
pursuant to Article 44 is not a member of the Regulatory Committee by
virtue of paragraphs 2 and 3 above, that Party shall be a member of
the Regulatory Committee for its consideration of that application.
Should such application result in approval of a Management Scheme
pursuant to Article 48, the Party in question shall remain a member of
the Regulatory Committee during such time as that Management Scheme is
in force with the right to take part in decisions on matters affecting
that Management Scheme.
7 Nothing in this Article shall be interpreted as affecting Article IV
of the Antarctic Treaty.
1 The first meeting of each Regulatory Committee shall be convened by
the Executive Secretary in accordance with Article 43(1). Each
Regulatory Committee shall meet thereafter when and where necessary to
fulfil its functions.
2 Each member of a Regulatory Committee shall be represented by one
representative who may be accompanied by alternate representatives and
advisers.
3 Each Regulatory Committee shall elect from among its members a
Chairman and Vice-Chairman. The Chairman and Vice-Chairman shall not
be representatives of the same Party.
4 Any Party may attend meetings of a Regulatory Committee as an
observer.
5 Each Regulatory Committee shall adopt its rules of procedure. Such
rules may include provisions concerning the period and number of terms
of office which the Chairman and Vice-Chairman may serve and for the
rotation of such offices.
1 The functions of each Regulatory Committee shall be:
a. to undertake the preparatory work provided for in Article 43;
b. to consider applications for exploration and development
permits in accordance with Articles 45, 46 and 54;
c. to approve Management Schemes and issue exploration and
development permits in accordance with Articles 47, 48 and 54;
d. to monitor exploration and development activities in
accordance with Article 52;
e. to perform the functions assigned to it in Article 51;
f. to perform the functions relating to inspection assigned to it
in Article 12;
g. to perform the functions relating to dispute settlement
assigned to it in Article 47(r); and
h. to perform such other functions as are provided for elsewhere
in this Convention.
2 In performing its functions each Regulatory Committee shall seek and
take full account of the views of the Advisory Committee provided in
accordance with Article 26.
3 Each Regulatory Committee shall, subject to Article 16 and measures
in effect pursuant to it and Article 21(1)(h), ensure that a publicly
available record of its decisions, and of Management Schemes in force,
is maintained.
1 Decisions by a Regulatory Committee pursuant to Articles 48 and
54(5) shall be taken by a two-thirds majority of the members present
and voting, which majority shall include a simple majority of those
members present and voting referred to in Article 29(2)(c)(i) and also
a simple majority of those members present and voting referred to in
Article 29(2)(c)(ii).
2 Decisions by a Regulatory Committee pursuant to Article 43(3) and
(5) shall be taken by a two-thirds majority of the members present and
voting, which majority shall include at least half of those members
present and voting referred to in Article 29(2)(c)(i) and also at
least half of those members present and voting referred to in Article
29(2)(c)(ii).
3 Decisions on all other matters of substance shall be taken by a
two-thirds majority of the members present and voting. When a
question arises as to whether a matter is one of substance or not,
that matter shall be treated as one of substance unless otherwise
decided by a two-thirds majority of the members present and voting.
4 Decisions on matters of procedure shall be taken by a simple
majority of the members present and voting.
5 Nothing in this Article shall be interpreted as preventing a
Regulatory Committee, in taking decisions on matters of substance,
from endeavouring to reach a consensus.
1 The Commission may establish a Secretariat to serve the Commission,
Regulatory Committees, the Advisory Committee, the Special Meeting of
Parties and any subsidiary bodies established.
2 The Commission may appoint an Executive Secretary, who shall be the
head of the Secretariat, according to such procedures and on such
terms and conditions as the Commission may determine. The Executive
Secretary shall serve for a four year term and may be reappointed.
3 The Commission may, with due regard to the need for efficiency and
economy, authorise such staff establishment for the Secretariat as may
be necessary. The Executive Secretary shall appoint, direct and
supervise the staff according to such rules and procedures and on such
terms and conditions as the Commission may determine.
4 The Secretariat shall perform the functions specified in this
Convention and, subject to the approved budget, the tasks entrusted to
it by the Commission, Regulatory Committees, the Advisory Committee
and the Special Meeting of Parties.
1 The Commission and, as appropriate, the Advisory Committee shall
cooperate with the Antarctic Treaty Consultative Parties, the
Contracting Parties to the Convention for the Conservation of
Antarctic Seals, the Commission for the Conservation of Antarctic
Marine Living Resources, and the Scientific Committee on Antarctic
Research.
2 The Commission shall cooperate with the United Nations, its relevant
Specialised Agencies, and, as appropriate, any international
organisation which may have competence in respect of mineral resources
in areas adjacent to those covered by this Convention.
3 The Commission shall also, as appropriate, cooperate with the
International Union for the Conservation of Nature and Natural
Resources, and with other relevant international organisations,
including non-governmental organisations, having a scientific,
technical or environmental interest in Antarctica.
4 The Commission may, as appropriate, accord observer status in the
Commission and in the Advisory Committee to such relevant
international organisations, including non-governmental organisations,
as might assist in the work of the institution in question. Observer
status at a Special Meeting of Parties shall be open to such
organisations as have been accorded observer status in the Commission
or the Advisory Committee.
5 The Commission may enter into agreements with the organisations
referred to in this Article.
1 The Commission shall adopt a budget, on an annual or other
appropriate basis, for:
a. its activities and the activities of Regulatory Committees,
the Advisory Committee, the Special Meeting of Parties, any subsidiary
bodies established and the Secretariat; and
b. the progressive reimbursement of any contributions paid under
paragraphs 5 and 6 below whenever revenues under paragraph 4 below
exceed expenditure.
2 The first draft budget shall be submitted by the Depositary at least
90 days before the first meeting of the Commission. At that meeting
the Commission shall adopt its first budget and decide upon
arrangements for the preparation of subsequent budgets.
3 The Commission shall adopt financial regulations.
4 Subject to paragraph 5 below, the budget shall be financed, inter
alia, by:
a. fees prescribed pursuant to Articles 21(1)(p) and 43(2)(b);
b. levies on Operators, subject to any measures adopted by the
Commission in accordance with Article 21(1)(q), pursuant to Article
47(k)(i); and
c. such other financial payments by Operators pursuant to Article
47(k)(ii) as may be required to be paid to the institutions of this
Convention.
5 If the budget is not fully financed by revenues in accordance with
paragraph 4 above, and subject to reimbursement in accordance with
paragraph 1(b) above, the budget shall, to the extent of any shortfall
and subject to paragraph 6 below, be financed by contributions from
the members of the Commission. To this end, the Commission shall
adopt as soon as possible a method of equitable sharing of
contributions to the budget. The budget shall, in the meantime, to
the extent of any shortfall, be financed by equal contributions from
each member of the Commission.
6 In adopting the method of contributions referred to in paragraph 5
above the Commission shall consider the extent to which members of and
observers at institutions of this Convention may be called upon to
contribute to the costs of those institutions.
7 The Commission, in determining the disposition of revenues accruing
to it, which are surplus to the requirements for financing the budget
pursuant to this Article, shall:
a. promote scientific research in Antarctica, particularly that
related to the Antarctic environment and Antarctic resources, and a
wide spread of participation in such research by all Parties, in
particular developing country Parties;
b. ensure that the interests of the members of Regulatory
Committees having the most direct interest in the matter in relation
to the areas in question are respected in any disposition of that
surplus.
8 The finances of the Commission, Regulatory Committees, the Advisory
Committee, the Special Meeting of Parties, any subsidiary bodies
established and the Secretariat shall accord with the financial
regulations adopted by the Commission and shall be subject to an
annual audit by external auditors selected by the Commission.
9 Each member of the Commission, Regulatory Committees, the Advisory
Committee, the Special Meeting of Parties and any subsidiary bodies
established, as well as any observer at a meeting of any of the
institutions of this Convention, shall meet its own expenses arising
from attendance at meetings.
10 A member of the Commission that fails to pay its contribution for
two consecutive years shall not, during the period of its continuing
subsequent default, have the right to participate in the taking of
decisions in any of the institutions of this Convention. If it
continues to be in default for a further two consecutive years, the
Commission shall decide what further action should be taken, which may
include loss by that member of the right to participate in meetings of
the institutions of this Convention. Such member shall resume the
full enjoyment of its rights upon payment of the outstanding
contributions.
11 Nothing in this Article shall be construed as prejudicing the
position of any member of a Regulatory Committee on the outcome of
consideration by the Regulatory Committee of terms and conditions in a
Management Scheme pursuant to Article 47(k)(ii).
The official and working languages of the Commission, Regulatory
Committees, the Advisory Committee, the Special Meeting of Parties and
any meeting convened under Article 64 shall be English, French,
Russian and Spanish.
1 Prospecting shall not confer upon any Operator any right to
Antarctic mineral resources.
2 Prospecting shall at all times be conducted in compliance with this
Convention and with measures in effect pursuant to this Convention,
but shall not require authorisation by the institutions of this
Convention.
3
a. The Sponsoring State shall ensure that its Operators
undertaking prospecting maintain the necessary financial and technical
means to comply with Article 8(1), and, to the extent that any such
Operator fails to take response action as required in Article 8(1),
shall ensure that this is undertaken.
b. The Sponsoring State shall also ensure that its Operators
undertaking prospecting maintain financial capacity, commensurate with
the nature and level of the activity undertaken and the risks
involved, to comply with Article 8(2).
4 In cases where more than one Operator is engaged in prospecting in
the same general area, the Sponsoring State or States shall ensure
that those Operators conduct their activities with due regard to each
others' rights.
5 Where an Operator wishes to conduct prospecting in an area
identified under Article 41 in which another Operator has been
authorised to undertake exploration or development, the Sponsoring
State shall ensure that such prospecting is carried out subject to the
rights of any authorised Operator and any requirements to protect its
rights specified by the relevant Regulatory Committee.
6 Each Operator shall ensure upon cessation of prospecting the removal
of all installations and equipment and site rehabilitation. On the
request of the Sponsoring State, the Commission may waive the
obligation to remove installations and equipment.
7 The Sponsoring State shall notify the Commission at least nine
months in advance of the commencement of planned prospecting. The
notification shall be accompanied by such fees as may be established
by the Commission in accordance with Article 21(1)(p) and shall:
a. identify, by reference to coordinates of latitude and
longitude or identifiable geographic features, the general area in
which the prospecting is to take place;
b. broadly identify the mineral resource or resources which are
to be the subject of the prospecting;
c. describe the prospecting, including the methods to be used,
and the general programme of work to be undertaken and its expected
duration;
d. provide an assessment of the possible environmental and other
impacts of the prospecting, taking into account possible cumulative
impacts as referred to in Article 4(5).
e. describe the measures, including monitoring programmes, to be
adopted to avoid harmful environmental consequences or undue
interference with other established uses of Antarctica, and outline
the measures to be put into effect in the event of any accident and
contingency plans for evacuation in an emergency;
f. provide details on the Operator and certify that it:
i. has a substantial and genuine link with the Sponsoring State
as defined in Article 1(12); and
ii. is financially and technically qualified to carry out the
proposed prospecting in accordance with this Convention; and
g. provide such further information as may be required by
measures adopted by the Commission.
8 The Sponsoring State shall subsequently provide to the Commission:
a. notification of any changes to the information referred to in
paragraph 7 above;
b. notification of the cessation of prospecting, including
removal of any installations and equipment as well as site
rehabilitation; and
c. a general annual report on the prospecting undertaken by the
Operator.
9 Notifications and reports submitted pursuant to this Article shall
be circulated by the Executive Secretary without delay to all Parties
and observers attending Commission meetings.
10 Paragraphs 7, 8 and 9 above shall not be interpreted as requiring
the disclosure of data and information of commercial value.
11 The Sponsoring State shall ensure that basic data and information
of commercial value generated by prospecting are maintained in
archives and may at any time release part of or all such data and
information, on conditions which it shall establish, for scientific or
environmental purposes.
12 The Sponsoring State shall ensure that basic data and information,
other than interpretative data, generated by prospecting are made
readily available when such data and information are not, or are no
longer, of commercial value and, in any event, no later than 10 years
after the year the data and information were collected, unless it
certifies to the Commission that the data and information continue to
have commercial value. It shall review at regular intervals whether
such data and information may be released and shall report the results
of such reviews to the Commission.
13 The Commission may adopt measures consistent with this Article
relating to the release of data and information of commercial value
including requirements for certifications, the frequency of reviews
and maximum time limits for extensions of the protection of such data
and information.
1 If a member of the Commission considers that a notification
submitted in accordance with Article 37(7) or (8), or ongoing
prospecting, causes concern as to consistency with this Convention or
measures in effect pursuant thereto, that member may request the
Sponsoring State to provide a clarification. If that member considers
that an adequate response is not forthcoming from the Sponsoring State
within a reasonable time, the member may request that the Commission
be convened in accordance with Article 19(2)(b) to consider the
question and take appropriate action.
2 If measures applicable to all relevant Operators are adopted by the
Commission following a request made in accordance with paragraph 1
above, Sponsoring States that have submitted notifications in
accordance with Article 37(7) or (8), and Sponsoring States whose
Operators are conducting prospecting, shall ensure that the plans and
activities of their Operators are modified to the extent necessary to
conform with those measures within such time limit as the Commission
may prescribe, and shall notify the Commission accordingly.
1 Any Party may submit to the Executive Secretary a notification
requesting that the Commission identify an area for possible
exploration and development of a particular mineral resource or
resources.
2 Any such notification shall be accompanied by such fees as may be
established by the Commission in accordance with Article 21(1)(p) and
shall contain:
a. a precise delineation, including coordinates, of the area
proposed for identification;
b. specification of the resource or resources for which the area
would be identified and any relevant data and information, excluding
data and information of commercial value, concerning that resource or
those resources, including a geological description of the proposed
area;
c. a detailed description of the physical and environmental
characteristics of the proposed area;
d. a description of the likely scale of exploration and
development for the resource or resources involved in the proposed
area and of the methods which could be employed in such exploration
and development;
e. a detailed assessment of the environmental and other impacts
of possible exploration and development for the resource or resources
involved, taking into account Articles 15 and 26(4); and
f. such other information as may be required pursuant to measures
adopted by the Commission.
3 A notification under paragraph 1 above shall be referred promptly by
the Executive Secretary to all Parties and shall be circulated to
observers attending the meeting of the Commission to be convened
pursuant to Article 19(2)(a).
1 The Advisory Committee shall meet as soon as possible after the
meeting of the Commission convened pursuant to Article 19(2)(a) has
commenced. The Advisory Committee shall provide advice to the
Commission on the notification submitted pursuant to Article 39(1).
The Commission may prescribe a time limit for the provision of such
advice.
2 A Special Meeting of Parties shall meet as soon as possible after
circulation of the report of the Advisory Committee and in any event
not later than two months after that report has been circulated.
3 The Special Meeting of Parties shall consider whether identification
of an area by the Commission in accordance with the request contained
in the notification would be consistent with this Convention, and
shall report thereon to the Commission as soon as possible and in any
event not later than 21 days from the commencement of the meeting.
4 The report of the Special Meeting of Parties to the Commission shall
reflect the conclusions reached and all the views expressed by Parties
participating in the meeting.
1 The Commission shall, as soon as possible after receipt of the
report of the Special Meeting of Parties, consider whether or not it
will identify an area as requested. Taking full account of the views
and giving special weight to the conclusions of the Special Meeting of
Parties, and taking full account of the views and the conclusions of
the Advisory Committee, the Commission shall determine whether such
identification would be consistent with this Convention. For this
purpose:
a. the Commission shall ensure that an area to be identified
shall be such that, taking into account all factors relevant to such
identification, including the physical, geological, environmental and
other characteristics of such area, it forms a coherent unit for the
purposes of resource management. The Commission shall thus consider
whether an area to be identified should include all or part of that
which was requested in the notification and, subject to the necessary
assessments having been made, adjacent areas not covered by that
notification;
b. the Commission shall consider whether there are, within an
area requested or to be identified, any areas in which exploration and
development are or should be prohibited or restricted in accordance
with Article 13;
c. the Commission shall specify the mineral resource or resources
for which the area would be identified;
d. the Commission shall give effect to Article 6, by elaborating
opportunities for joint ventures or different forms of participation,
up to a defined level, including procedures for offering such
participation, in possible exploration and development, within the
area, by interested Parties which are Antarctic Treaty Consultative
Parties and by other interested Parties, in particular, developing
countries in either category;
e. the Commission shall prescribe any additional associated
conditions necessary to ensure that an area to be identified is
consistent with other provisions of this Convention and may prescribe
general guidelines relating to the operational requirements for
exploration and development in an area to be identified including
measures establishing maximum block sizes and advice concerning
related support activities; and
f. the Commission shall give effect to the requirement in Article
59 to establish additional procedures for the settlement of disputes.
2 After it has completed its consideration in accordance with
paragraph 1 above, the Commission shall identify an area for possible
exploration and development if there is a consensus of Commission
members that such identification is consistent with this Convention.
1 If, after an area has been identified in accordance with Article 41,
a Party requests identification of an area, all or part of which is
contained within the boundaries of the area already identified but in
respect of a mineral resource or resources different from any resource
in respect of which the area has already been identified, the request
shall be dealt with in accordance with Articles 39, 40 and 41. Should
the Commission identify an area in respect of such different mineral
resource or resources, it shall have regard, in addition to the
requirements of Article 41(1)(a), to the desirability of specifying
the boundaries of the area in such a way that it can be assigned to
the Regulatory Committee with competence for the area already
identified.
2 In the light of increased knowledge bearing on the effective
management of the area, and after seeking the views of the Advisory
Committee and the relevant Regulatory Committee, the Commission may
amend the boundaries of any area it has identified. In making any such
amendment the Commission shall ensure that authorised exploration and
development in the area are not adversely affected. Unless there are
compelling reasons for doing so, the Commission shall not amend the
boundaries of an area it has identified in such a way as to involve a
change in the composition of the relevant Regulatory Committee.
1 As soon as possible after the identification of an area pursuant to
Article 41, the relevant Regulatory Committee established in
accordance with Article 29 shall be convened.
2 The Regulatory Committee shall:
a. subject to any measures adopted by the Commission pursuant to
Article 21(1)(j) relating to maximum block sizes, divide its area of
competence into blocks in respect of which applications for
exploration and development may be submitted and make provision for a
limit in appropriate circumstances on the number of blocks to be
accorded to any Party;
b. subject to any measures adopted by the Commission pursuant to
Article 21(1)(p), establish fees to be paid with any application for
an exploration or development permit lodged pursuant to Article 44 or
53;
c. establish periods within which applications for exploration
and development may be lodged, all applications received within each
such period being considered as simultaneous;
d. establish procedures for the handling of applications; and
e. determine a method of resolving competing applications which
are not resolved in accordance with Article 45(4)(a), which method
shall, provided that all other requirements of this Convention are
satisfied and consistently with measures adopted pursuant to Article
41(1)(d), include priority for the application with the broadest
participation among interested Parties which are Antarctic Treaty
Consultative Parties, in particular, developing countries in
either category.
3 The Regulatory Committee shall adopt guidelines which are consistent
with, and which taken together with, the provisions of this Convention
and measures of general applicability adopted by the Commission, as
well as associated conditions and general guidelines adopted by the
Commission when identifying the area, shall, by addressing the
relevant items in Article 47, identify the general requirements for
exploration and development in its area of competence.
4 Upon adoption of guidelines under paragraph 3 above the Executive
Secretary shall, without delay, inform all members of the Commission
of the decisions taken by the Regulatory Committee pursuant to
paragraphs 2 and 3 above and shall make them publicly available
together with relevant measures, associated conditions and general
guidelines adopted by the Commission.
5 The Regulatory Committee may from time to time revise guidelines
adopted under paragraph 3 above, taking into account any views of the
Commission.
6 In performing its functions under paragraphs 3 and 5 above, the
Regulatory Committee shall seek and take full account of the views of
the Advisory Committee provided in accordance with Article 26.
1 Following completion of the work undertaken pursuant to Article 43,
any Party, on behalf of an Operator for which it is the Sponsoring
State, may lodge with the Regulatory Committee an application for an
exploration permit within the periods established by the Regulatory
Committee pursuant to Article 43(2)(c).
2 An application shall be accompanied by the fees established by the
Regulatory Committee in accordance with Article 43(2)(b) and shall
contain:
a. a detailed description of the Operator, including its
managerial structure, financial composition and resources and
technical expertise, and, in the case of an Operator being a joint
venture, the inclusion of a detailed description of the degree to
which Parties are involved in the Operator through, inter alia,
juridical persons with which Parties have substantial and genuine
links, so that each component of the joint venture can be easily
attributed to a Party or Parties for the purposes of identifying the
level of Antarctic mineral resource activities thereof, which
description of substantial and genuine links shall include a
description of equity sharing;
b. a detailed description of the proposed exploration activities
and a description in as much detail as possible of proposed
development activities, including:
i. an identification of the mineral resource or resources and the
block to which the application applies;
ii. a detailed explanation of how the proposed activities conform
with the general requirements referred to in Article 43(3);
iii. a detailed assessment of the environmental and other impacts
of the proposed activities, taking into account Articles 15 and 26(4);
and
iv. a description of the capacity to respond effectively to
accidents, especially those with potential environmental effects;
c. a certification by the Sponsoring State of the capacity of the
Operator to comply with the general requirements referred to in
Article 43(3).
d. a certification by the Sponsoring State of the technical
competence and financial capacity of the Operator and that the
Operator has a substantial and genuine link with it as defined in
Article 1(12);
e. a description of the manner in which the application complies
with any measures adopted by the Commission pursuant to Article
41(1)(d); and
f. such further information as may be required by the Regulatory
Committee or in measures adopted by the Commission.
1 The Regulatory Committee shall meet as soon as possible after an
application has been lodged pursuant to Article 44, for the purpose of
elaborating a Management Scheme, In performing this function it shall:
a. determine whether the application contains sufficient or
adequate information pursuant to Article 44(2). To this end, it may at
any time seek further information from the Sponsoring State consistent
with Article 44(2);
b. consider the exploration and development activities proposed
in the application, and such elaborations, revisions or adaptations as
necessary:
i. to ensure their consistency with this Convention as well as
measures in effect pursuant thereto and the general requirements
referred to in Article 43(3); and
ii. to prescribe the specific terms and conditions of a Management
Scheme in accordance with Article 47.
2 At any time during the process of consideration described above, the
Regulatory Committee may decline the application if it considers that
the activities proposed therein cannot be elaborated, revised or
adapted to ensure consistency with this Convention as well as measures
in effect pursuant thereto and the general requirements referred to in
Article 43(3).
3 In performing its functions under this Article, the Regulatory
Committee shall seek and take full account of the views of the
Advisory Committee. To that end the Regulatory Committee shall refer
to the Advisory Committee all parts of the application which are
necessary for it to provide advice pursuant to Article 26, together
with any other relevant information.
4 If two or more applications meeting the requirements of Article
44(2) are lodged in respect of the same block:
a. the competing applicants shall be invited by the Regulatory
Committee to resolve the competition amongst themselves, by means of
their own choice within a prescribed period;
b. if the competition is not resolved pursuant to subparagraph
(a) above it shall be resolved by the Regulatory Committee in
accordance with the method determined by it pursuant to Article
43(2)(e).
In performing its functions under Article 45, including the
preparation of a Management Scheme, and under Article 54, the
Regulatory Committee shall have recourse to the Sponsoring State and
the member or members, if any, referred to in Article 29(2)(a) and, as
may be required, one or two additional members of the Regulatory
Committee.
The Management Scheme shall prescribe the specific terms and
conditions for exploration and development of the mineral resource or
resources concerned within the relevant block. Such terms and
conditions shall be consistent with the general requirements referred
to in Article 43(3), and shall cover, inter alia:
a. duration of exploration and development permits;
b. measures and procedures for the protection of the Antarctic
environment and dependent and associated ecosystems, including
methods, activities and undertakings by the Operator to minimise
environmental risks and damage;
c. provision for necessary and timely response action, including
prevention, containment and clean up and removal measures, for
restoration to the status quo ante, and for contingency plans,
resources and equipment to enable such action to be taken;
d. procedures for the implementation of different stages of
exploration and development;
e. performance requirements;
f. technical and safety specifications, including standards and
procedures to ensure safe operations;
g. monitoring and inspection;
h. liability;
i. procedures for the development of mineral deposits which
extend outside the area covered by a permit;
j. resource conservation requirements;
k. financial obligations of the Operator including:
i. levies in accordance with measures adopted pursuant to Article
21(1)(q);
ii. payments in the nature of and similar to taxes, royalties or
payments in kind;
l. financial guarantees and insurance;
m. assignment and relinquishment;
n. suspension and modification of the Management Scheme, or
cancellation of the Management Scheme, exploration or development
permit, and the imposition of monetary penalties, in accordance with
Article 51;
o. procedures for agreed modifications;
p. enforcement of the Management Scheme;
q. applicable law to the extent necessary;
r. effective additional procedures for the settlement of
disputes;
s. provisions to avoid and to resolve conflict with other
legitimate uses of Antarctica;
t. data and information collection, reporting and notification
requirements;
u. confidentiality; and
v. removal of installations and equipment, as well as site
rehabilitation.
A Management Scheme prepared in accordance with Articles 45, 46 and 47
shall be subject to approval pursuant to Article 32. Such approval
shall constitute authorisation for the issue without delay of an
exploration permit by the Regulatory Committee. The exploration
permit shall accord exclusive rights to the Operator to explore and,
subject to Articles 53 and 54, to develop the mineral resource or
resources which are the subject of the Management Scheme exclusively
in accordance with the terms and conditions of the Management Scheme.
1 Any member of the Commission, or any member of a Regulatory
Committee, may within one month of a decision by that Regulatory
Committee to approve a Management Scheme or issue a development
permit, request that the Commission be convened in accordance with
Article 19(2)(b) or (c), as the case may be, to review the decision of
the Regulatory Committee for consistency with the decision taken by
the Commission to identify the area pursuant to Article 41 and any
measures in effect relevant to that decision.
2 The Commission shall complete its consideration within three months
of a request made pursuant to paragraph 1 above. In performing its
functions the Commission shall not assume the functions of the
Regulatory Committee, nor shall it substitute its discretion for that
of the Regulatory Committee.
3 Should the Commission determine that a decision to approve a
Management Scheme or issue a development permit is inconsistent with
the decision taken by the Commission to identify the area pursuant to
Article 41 and any measures in effect relevant to that decision, it
may request that Regulatory Committee to reconsider its decision.
1 No Management Scheme shall be suspended or modified and no
Management Scheme, exploration or development permit shall be
cancelled without the consent of the Sponsoring State except pursuant
to Article 51, or Article 54 or the Management Scheme itself.
2 Each Operator authorised to conduct activities pursuant to a
Management Scheme shall exercise its rights with due regard to the
rights of other Operators undertaking exploration or development in
the same identified area.
1 If a Regulatory Committee determines that exploration or development
authorised pursuant to a Management Scheme has resulted or is about to
result in impacts on the Antarctic environment or dependent or
associated ecosystems beyond those judged acceptable pursuant to this
Convention, it shall suspend the relevant activities and as soon as
possible modify the Management Scheme so as to avoid such impacts. If
such impacts cannot be avoided by the modification of the Management
Scheme, the Regulatory Committee shall suspend it, or cancel it and
the exploration or development permit.
2 In performing its functions under paragraph 1 above a Regulatory
Committee shall, unless emergency action is required, seek and taken
into account the views of the Advisory Committee.
3 If a Regulatory Committee determines that an Operator has failed to
comply with this Convention or with measures in effect pursuant to it
or a Management Scheme applicable to that Operator, the Regulatory
Committee may do all or any of the following:
a. modify the Management Scheme;
b. suspend the Management Scheme;
c. cancel the Management Scheme and the exploration or
development permit; and
d. impose a monetary penalty.
4 Sanctions determined pursuant to paragraph 3(a) to (d) above shall
be proportionate to the seriousness of the failure to comply.
5 A Regulatory Committee shall cancel a Management Scheme and the
exploration or development permit if an Operator ceases to have a
substantial and genuine link with the Sponsoring State as defined in
Article 1(12).
6 The Commission shall adopt general measures, which may include
mitigation, relating to action by Regulatory Committees pursuant to
paragraphs 1 and 3 above and, as appropriate, to the consequences of
such action. No application pursuant to Article 44 may be lodged
until such measures have come into effect.
1 Each Regulatory Committee shall monitor the compliance of Operators
with Management Schemes within its area of competence.
2 Each Regulatory Committee, taking into account the advice of the
Advisory Committee, shall monitor and assess the effects on the
Antarctic environment and on dependent and on associated ecosystems of
Antarctic mineral resource activities within its area of competence,
particularly by reference to key environmental parameters and
ecosystem components.
3 Each Regulatory Committee shall, as appropriate, inform the
Commission and the Advisory Committee in a timely fashion of
monitoring under this Article.
1 At any time during the period in which an approved Management Scheme
and exploration permit are in force for an Operator, the Sponsoring
State may, on behalf of that Operator, lodge with the Regulatory
Committee an application for a development permit.
2 An application shall be accompanied by the fees established by the
Regulatory Committee in accordance with Article 43(2)(b) and shall
contain:
a. an updated description of the planned development identifying
any modifications proposed to the approved Management Scheme and any
additional measures to be taken, consequent upon such modifications,
to ensure consistency with this Convention, including any measures in
effect pursuant thereto and the general requirements referred to in
Article 43(3);
b. a detailed assessment of the environmental and other impacts
of the planned development, taking into account Articles 15 and 26(4);
c. a recertification by the Sponsoring State of the technical
competence and financial capacity of the Operator and that the
Operator has a substantial and genuine link with it as defined in
Article 1(12);
d. a recertification by the Sponsoring State of the capacity of
the Operator to comply with the general requirements referred to in
Article 43(3);
e. updated information in relation to all other matters specified
in Article 44(2); and
f. such further information as may be required by the Regulatory
Committee or in measures adopted by the Commission.
1 The Regulatory Committee shall meet as soon as possible after an
application has been lodged pursuant to Article 53.
2 The Regulatory Committee shall determine whether the application
contains sufficient or adequate information pursuant to Article 53(2).
In performing this function it may at any time seek further
information from the Sponsoring State consistent with Article 53(2).
3 The Regulatory Committee shall consider whether:
a. the application reveals modifications to the planned
development previously envisaged;
b. the planned development would cause previously unforeseen
impacts on the Antarctic environment or dependent or associated
ecosystems, either as a result of any modifications referred to in
subparagraph (a) above or in the light of increased knowledge.
4 The Regulatory Committee shall consider any modifications to the
Management Scheme necessary in the light of paragraph 3 above to
ensure that the development activities proposed would be undertaken
consistently with this Convention as well as measures in effect
pursuant thereto and the general requirements referred to in Article
43(3). However, the financial obligations specified in the approved
Management Scheme may not be revised without the consent of the
Sponsoring State, unless provided for in the Management Scheme itself.
5 If the Regulatory Committee in accordance with Article 32 approves
modifications under paragraph 4 above, or if it does not consider that
such modifications are necessary, the Regulatory Committee shall issue
without delay a development permit.
6 In performing its functions under this Article, the Regulatory
Committee shall seek and take full account of the views of the
Advisory Committee. To that end the Regulatory Committee shall refer
to the Advisory Committee all parts of the application which are
necessary for it to provide advice pursuant to Article 26, together
with any other relevant information.
Articles 56, 57 and 58 apply to disputes between two or more Parties.
1 Each Party, when signing, ratifying, accepting, approving or
acceding to this Convention, 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
this Convention:
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 57(1), (3), (4) and (5).
3 A Party that 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 3 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.
1 If a dispute arises concerning the interpretation or application of
this Convention, 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, enquiry,
mediation, conciliation, arbitration, judicial settlement or other
peaceful means of their choice.
2 If the parties to a dispute concerning the interpretation or
application of this Convention have not agreed on a means for
resolving it within 12 months of the request for consultation pursuant
to paragraph 1 above, the dispute shall be referred, at the request of
any party to the dispute, for settlement in accordance with the
procedure determined by the operation of Article 56(4) and (5).
3 If a dispute concerning the interpretation or application of this
Convention relates to a measure in effect pursuant to this Convention
or a Management Scheme and the parties to such a dispute:
a. have not agreed on a means for resolving the dispute within 6
months of the request for consultation pursuant to paragraph 1 above,
the dispute shall be referred, at the request of any party to the
dispute, for discussion in the institution which adopted the
instrument in question;
b. have not agreed on a means for resolving the dispute within 12
months of the request for consultation pursuant to paragraph 1 above,
the dispute shall be referred for settlement, at the request of any
party to the dispute, to the Arbitral Tribunal.
4 The Arbitral Tribunal shall not be competent to decide or otherwise
rule upon any matter within the scope of Article 9. In addition,
nothing in this Convention 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 9.
5 The Arbitral Tribunal shall not be competent with regard to the
exercise by an institution of its discretionary powers in accordance
with this Convention; in no case shall the Arbitral Tribunal
substitute its discretion for that of an institution. In addition,
nothing in this Convention 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 with regard to the exercise by an institution of its
discretionary powers or to substitute its discretion for that of an
institution.
1 Any Party, when signing, ratifying, accepting, approving or acceding
to this Convention, or at any time thereafter, may, by written
declaration, exclude the operation of Article 57(2) or (3) without its
consent with respect to a category or categories of disputes specified
in the declaration. Such declaration may not cover disputes concerning
the interpretation or application of:
a. any provision of this Convention or of any measure in effect
pursuant to it relating to the protection of the Antarctic environment
or dependent or associated ecosystems;
b. Article 7(1);
c. Article 8;
d. Article 12;
e. Article 14;
f. Article 15; or
g. Article 37.
2 Nothing in paragraph 1 above or in any declaration made under it
shall affect the operation of Article 57(1), (4) and (5).
3 A declaration made under paragraph 1 above shall remain in force
until it expires in accordance with its terms or until 3 months after
written notice of revocation has been deposited with the Depositary.
4 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.
5 Declarations and notices referred to in this Article shall be
deposited with the Depositary who shall transmit copies thereof to all
Parties.
6 A Party which, by declaration made under paragraph 1 above, has
excluded a specific category or categories of disputes from the
operation of Article 57(2) or (3) without its consent shall not be
entitled to submit any dispute falling within that category or those
categories for settlement pursuant to Article 57(2) or (3), as the
case may be, without the consent of the other party or parties to the
dispute.
1 The Commission, in conjunction with its responsibilities pursuant to
Article 41(1), shall establish additional procedures for third-party
settlement, by the Arbitral Tribunal or through other similar
procedures, of disputes which may arise if it is alleged that a
violation of this Convention has occurred by virtue of:
a. a decision to decline a Management Scheme;
b. a decision to decline the issue of a development permit; or
c. a decision to suspend, modify or cancel a Management Scheme or
to impose monetary penalties.
2 Such procedures shall:
a. permit, as appropriate, Parties and Operators under their
sponsorship, but not both in respect of any particular dispute, to
initiate proceedings against a Regulatory Committee;
b. require disputes to which they relate to be referred in the
first instance to the relevant Regulatory Committee for consideration;
c. incorporate the rules in Article 57(4) and (5).
This Convention shall be open for signature at Wellington from 25
November 1988 to 25 November 1989 by States which participated in the
final session of the Fourth Special Antarctic Treaty Consultative
Meeting.
1 This Convention is subject to ratification, acceptance or approval
by Signatory States.
2 After 25 November 1989 this Convention 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 New Zealand, hereby designated as
the Depositary.
1 This Convention shall enter into force on the thirtieth day
following the date of deposit of instruments of ratification,
acceptance, approval or accession by 16 Antarctic Treaty Consultative
Parties which participated as such in the final session of the Fourth
Special Antarctic Treaty Consultative Meeting, provided that number
includes all the States necessary in order to establish all of the
institutions of the Convention in respect of every area of Antarctica,
including 5 developing countries and 11 developed countries.
2 For each State which, subsequent to the date of entry into force of
this Convention, deposits an instrument of ratification, acceptance,
approval or accession, the Convention shall enter into force on the
thirtieth day following such deposit.
1 Reservations to this Convention shall not be permitted. This does
not preclude a State, when signing, ratifying, accepting, approving or
acceding to this Convention, from making declarations or statements,
however phrased or named, with a view, inter alia, to the
harmonisation of its laws and regulations with this Convention,
provided that such declarations or statements do not purport to
exclude or to modify the legal effect of this Convention in its
application to that State.
2 The provisions of this Article are without prejudice to the right to
make written declarations in accordance with Article 58.
1 This Convention shall not be subject to amendment until after the
expiry of 10 years from the date of its entry into force. Thereafter,
any Party may, by written communication addressed to the Depositary,
propose a specific amendment to this Convention and request the
convening of a meeting to consider such proposed amendment.
2 The Depositary shall circulate such communication to all Parties.
If within 12 months of the date of circulation of the communication at
least one-third of the Parties reply favourably to the request, the
Depositary shall convene the meeting.
3 The adoption of an amendment considered at such a meeting shall
require the affirmative votes of two-thirds of the Parties present and
voting, including the concurrent votes of the members of the
Commission attending the meeting.
4 The adoption of any amendment relating to the Special Meeting of
Parties or to the Advisory Committee shall require the affirmative
votes of three-quarters of the Parties present and voting, including
the concurrent votes of the members of the Commission attending the
meeting.
5 An amendment shall enter into force for those Parties having
deposited instruments of ratification, acceptance or approval thereof
30 days after the Depositary has received such instruments of
ratification, acceptance or approval from all the members of the
Commission.
6 Such amendment shall thereafter enter into force for any other Party
30 days after the Depositary has received its instrument of
ratification, acceptance or approval thereof.
7 An amendment that has entered into force pursuant to this Article
shall be without prejudice to the provisions of any Management Scheme
approved before the date on which the amendment entered into force.
1 Any Party may withdraw from this Convention by giving to the
Depositary notice in writing of its intention to withdraw. Withdrawal
shall take effect two years after the date of receipt of such notice
by the Depositary.
2 Any Party which ceases to be a Contracting Party to the Antarctic
Treaty shall be deemed to have withdrawn from this Convention on the
date that it ceases to be a Contracting Party to the Antarctic Treaty.
3 Where an amendment has entered into force pursuant to Article 64(5),
any Party from which no instrument of ratification, acceptance or
approval of the amendment has been received by the Depositary within a
period of two years from the date of the entry into force of the
amendment shall be deemed to have withdrawn from this Convention on
the date of the expiration of a further two year period.
4 Subject to paragraphs 5 and 6 below, the rights and obligations of
any Operator pursuant to this Convention shall cease at the time its
Sponsoring State withdraws or is deemed to have withdrawn from this
Convention.
5 Such Sponsoring State shall ensure that the obligations of its
Operators have been discharged no later than the date on which its
withdrawal takes effect.
6 Withdrawal from this Convention by any Party shall not affect its
financial or other obligations under this Convention pending on the
date withdrawal takes effect. Any dispute settlement procedure in
which that Party is involved and which has been commenced prior to
that date shall continue to its conclusion unless agreed otherwise by
the parties to the dispute.
The Depositary shall notify all Contracting Parties to the Antarctic
Treaty of the following:
a. signatures of this Convention and the deposit of instruments
of ratification, acceptance, approval or accession;
b. the deposit of instruments of ratification, acceptance or
approval of any amendment adopted pursuant to Article 64;
c. the date of entry into force of this Convention and of any
amendment thereto;
d. the deposit of declarations and notices pursuant to Articles
56 and 58;
e. notifications pursuant to Article 18; and
f. the withdrawal of a Party pursuant to Article 65.
1 This Convention of which the Chinese, English, French, Russian and
Spanish texts are equally authentic shall be deposited with the
Government of New Zealand which shall transmit duly certified copies
thereof to all Signatory and Acceding States.
2 The Depositary shall also transmit duly certified copies to all
Signatory and Acceding States of the text of this Convention in any
additional language of a Signatory or Acceding State which submits
such text to the Depositary.
3 This Convention shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations.
Done at Wellington this second day of June 1988.
In witness whereof, the undersigned, duly authorised, have signed this
Convention.
The Arbitral Tribunal shall be constituted and shall function in
accordance with this Convention, including this Annex.
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 this Convention for that Party. Each Arbitrator
shall be experienced in Antarctic affairs, with knowledge of
international law and enjoying 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 An Arbitrator may by notice given to the Party which designated that
person withdraw his name from the list. If an Arbitrator dies or
gives notice of withdrawal of his name from the list 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 Executive 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 that Arbitral Tribunal.
4 The Executive Secretary shall ensure that an up-to-date list is
maintained of the Arbitrators designated pursuant to this Article.
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 of this Annex. This appointment shall be
included in the notification referred to in Article 4 of this Annex.
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 of this Annex.
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 of this Annex. The
third Arbitrator shall not be either a national of, or a person
designated by, a party to the dispute, or of the same nationality as
either of the first two Arbitrators. The third Arbitrator shall be the
Chairman 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 of this Annex and
subject to the conditions prescribed in subparagraphs (b) and (c)
above. In performing the functions accorded him in this subparagraph,
the President of the Court shall consult the parties to the dispute
and the Chairman of the Commission.
e. If the President of the International Court of Justice is
unable to perform the functions accorded him 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 disputes involving more than two Parties, those Parties having
the same interest shall appoint one Arbitrator by agreement within the
period specified in paragraph 1(b) above.
The party to the dispute commencing proceedings shall so notify the
other party or parties to the dispute and the Executive 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 Executive Secretary to all Parties.
1 Unless the parties to the dispute agree otherwise, arbitration shall
take place at the headquarters of the Commission, 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.
1 The Arbitral Tribunal, where it considers that prima facie it has
jurisdiction under this Convention, 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 a dispute shall comply promptly with any provisional
measures prescribed under paragraph 1(b) above pending an award under
Article 9 of this Annex.
3 Notwithstanding Article 57(1), (2) and (3) of this Convention, a
party to any dispute that may arise falling within the categories
specified in Article 58(1)(a) to (g) of this Convention may at any
time, by notification to the other party or parties to the dispute and
to the Executive Secretary in accordance with Article 4 of this Annex,
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 of this Annex, 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
Chairman.
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 56
and 57 of this Convention.
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.
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.
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.
1 The Arbitral Tribunal shall decide, on the basis of this Convention
and other rules of law not incompatible with it, 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.
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 Executive 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.
All decisions of the Arbitral Tribunal, including those referred to in
Articles 5, 6 and 11 of this Annex, shall be made by a majority of the
Arbitrators who may not abstain from voting.