CONVENTION
ON THE REGULATION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES
Done
at Wellington 2 June 1988, Not in force*
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 hose 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 Party 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:
CHAPTER
I - GENERAL PROVISIONS
Article
1
Definitions
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, sea floor 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 an 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 in the case of a Party, that Party; in the
case of an agency or instrumentality of a Party, that Party; 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.
Article
2.
Objectives
and General Principles
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: assessing
the possible impact on the environment of Antarctic mineral resource
activities; determining whether Antarctic mineral resource activities
are acceptable; governing the conduct of such Antarctic mineral resource
activities as may be found acceptable; and 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
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.
Article
3.
Prohibition
of Antarctic Mineral Resource Activities Outside this Convention
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 Article 4.
Principles
Concerning Judgments on Antarctic Mineral Resource Activities
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: significant adverse effects on
air and water quality; significant changes in atmospheric, terrestrial
or marine environments; significant changes in the distribution, abundance
or productivity of populations of species of fauna or flora; further
jeopardy to endangered or threatened species or populations of such
species; or 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: technology and procedures are available to provide for
safe operations and compliance with paragraphs 2 and 3 above; 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
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.
Article
5.
Area
of Application
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 60 deg.
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.
Article
6.
Co-operation
And International Participation
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.
Article
7.
Compliance
With This Convention
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 o 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 obligation sunder 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.
Article
8.
Response
Action And Liability
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:
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;
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;
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
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 resulting damage to the Antarctic
environment or dependent or associated ecosystems.
3.
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.
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:
an event constituting in the circumstances of Antarctica a natural disaster
of an exceptional character which could not reasonably have been foreseen;
or
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.
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.
Such
rules and procedures shall be designed to enhance the protection of
the Antarctic environment and dependent and associated ecosystems.
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 for a 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 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.
Article
9.
Protection
of Legal Positions Under The Antarctic Treaty
Nothing
in this Convention and no acts or activities taking place while this
Convention is in force shall:
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;
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;
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
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.
Article
10.
Consistency
With The Other Components of The Antarctic Treaty System
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.
Article
11.
Inspection
Under The Antarctic Treaty
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.
Article
12.
Inspection
Under This Convention
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:
observers designated by any member of the Commission who shall be nationals
of that member; and
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 informtion.
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.
Article
13.
Protected
Areas
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.
Article
14.
Non-discrimination
In
the implementation of this Convention there shall be no discrimination
against any Party or its Operators.
Article
15.
Respect
For Other Uses of Antarctica
1.
Decisions about Antarctic mineral resource activities shall take into
account the need to respect other established uses of Antarctica, including:
the operation of stations and their associated installations, support
facilities and equipment in Antarctica;
scientific investigation in Antarctica and cooperation therein;
the conservation, including rational use, of Antarctic marine living
resources;
tourism;
the preservation of historic monuments; and
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.
Article
16.
Availability
And Confidentiality of Data And Information
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.
Article
17.
Notifications
And Provisional Exercise of Functions of The Executive
Secretary
1.
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.
CHAPTER
II. - INSTITUTIONS
Article
18.
Commission
1.
There is hereby established the Antarctic Mineral Resources Commission.
2.
Membership of the Commission shall be as follows:
each Party which was an Antarctic Treaty Consultative Party on the date
when this Convention was opened for signature; and
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
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
Depository 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.
Article
19.
Commission
Meetings
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.
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:
receipt of a notification pursuant to Article 39;
a request by at least six members of the Commission or
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.
Article
20.
Commission
Procedure
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.
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.
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.
Article
21.
Functions
of The Commission
1.
The functions of the Commission shall be:
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;
to 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;
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;
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;
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;
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;
to give advance public notice of matters upon which it is requesting
the advice of the Advisory Committee;
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.
Article
22.
Decision
Making in the Commission
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.
Article
23.
Advisory
Committee
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.
Article
24.
Advisory
Committee Meetings
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.
Article
25.
Advisory
Committee Procedure
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.
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.
Article
26.
Functions
of the Advisory Committee
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 intersted
developing country Parties and other Parties, of the information referred
to in paragraph 3 above, of training programs related to scientific,
technical and environmental matters bearing on Antarctic mineral resource
activities, and of opportunities for cooperation among Parties in these
programs.
Article
27.
Reporting
by the Advisory Committee
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.
Article
28.
Special
Meeting of Parties
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.
Article
29.
Regulatory
Committees
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 10 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.
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 he 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.
Article
30.
Regulatory
Committee Procedure
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.
Article
31
Functions
of Regulatory Committees
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.
Article
32.
Decision
Making in Regulatory Committees
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 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.
Article
33.
Secretariat
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 re appointed.
3.
The Commission may, with due regard to the need for efficiency and economy,
authorise such staff establishment for the Secretariat as maybe 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.
Article
34.
Cooperation
with International Organisations
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.
Article
35.
Financial
Provisions
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 Depository 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).
Article
36.
Official
And Working Languages
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.
CHAPTER
III. - PROSPECTING
Article
37.
Prospecting
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.
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 program 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 programs, to be adopted
to avoid harmful environmental consequences or undue interference with
other established uses of Antarctica, and outline the measures to be
put nto 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.
Article
38.
Consideration
of Prospecting by the Commission
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.
CHAPTER
IV. - EXPLORATION
Article
39.
Requests
for Identification of An Area for Possible Exploration and Development
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).
Article
40.
Action
by The Advisory Committee And Special Meeting of Parties
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.
Article
41.
Action
by The Commission
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.
Article
42.
Revision
in the Scope of An Identified Area
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 ar 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.
Article
43.
Preparatory
Work by Regulatory Committees
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 recestablish procedures for the handling
of applications; and
d)
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,