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144 part 2

SCAR Bulletin No 144, January 2002

Part Two: Measures, Decisions and Resolutions adopted at XXIV ATCM

Annex A: Measures

Measure 1(2001)

 

Antarctic Protected Area System Historic Sites And Monuments
" A Hut", Scott Base, Ross Sea Region, Antarctica

The Representatives,

Recalling Recommendations I – IX, VI-14, VII-9, XII-7, XIII-16, XIV-8;

Acknowledging the significance of "A Hut", Scott Base to:

the Commonwealth Trans Antarctic Expedition 1956/1957

Recommend to their Governments the following Measure for approval in accordance with paragraph 4 of Article IX of the Antarctic Treaty:

The following building be added to the "List of Historic Monuments Identified and described by the Proposing Government or Governments" annexed to Recommendation VII-9 and that thereafter it be accorded the respect and protection required by the Recommendations recalled above:

The A Hut of Scott Base, being the first New Zealand building in Antarctica sited at Pram Point, Ross Island, Ross Sea Region, Antarctica.

MEASURE 2(2001)

Antarctic Protected Area System Historic Sites And Monuments

Ruins of the Base Pedro Aguirre Cerda, Pendulum Cove, Deception Island, Antarctica

The Representatives,

Recalling Recommendations I-IX, VI-14, VII-9, XII-7, XIII-16, XIV-8;

Acknowledging the significance of the ruins of the base Pedro Aguirre Cerda, Deception Island:

Recommend to their Governments the following Measure for approval in accordance with paragraph 4 of Article IX of the Antarctic Treaty:

The following site be added to the "List of Historic Monuments identified and described by the Proposing Government or Governments" annexed to Recommendation VII-9 and thereafter it be accorded the respect and protection required by the Recommendations recalled above:

The ruins of the base Pedro Aguirre Cerda, being a Chilean meteorological and volcanological centre situated at Pendulum Cove, Deception Island, Antarctica, that was destroyed by volcanic eruptions in 1967 and 1969.

MEASURE 3(2001)
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Antarctic Protected Areas System: Extension of Expiry Dates for Certain Sites of Special Scientific Interest

The Representatives,

Recalling Recommendations VIII-4, XIII-8, XII-8, XVI-2, and XVI-3 adopting the Management Plans for Sites of Special Scientific Interest numbers 4, 5, 6, 7, 18, 33, 35, and 36;

Noting that the expiry date for these sites is 31 December 2001, but wishing to continue to protect these sites until such time their respective management plans have been revised in accordance with Annex V to the Environmental Protocol;

Recommend to their Governments the following Measure for approval in accordance with paragraph 4 of Article IX of the Antarctic Treaty:

That the date of expiry of the management plans in the list annexed to this Measure be extended until 31 December 2005, and that this Measure be applied provisionally, to the fullest extent possible consistent with their Governments' domestic laws and regulations, pending such approval.

Annex to Measure 3(2001)

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Annex B: Decisions

Decision 1 (2001)

The Representatives,

Recalling the need to establish a permanent Secretariat of the Antarctic Treaty to assist the Antarctic Treaty Consultative Meeting (ATCM) and the Committee for Environmental Protection (CEP) in performing their functions;

Welcoming the offer made by Argentina in July 1992 proposing Buenos Aires as the headquarters of the Secretariat of the Antarctic Treaty;

Further welcoming the consensus reached on the location in Buenos Aires of the Antarctic Treaty Secretariat;

Decide:

That the Antarctic Treaty Secretariat shall be established in Buenos Aires following the development of necessary modalities and agreements, which the Parties shall urgently pursue.

That the XXV ATCM shall consider a progress report from Argentina concerning facilities and related matters.

Decision 2(2001)

Guidelines on Circulation and Handling of CEP Documents

The Representatives,

Recalling Decision 2(1998) setting out the Rules of Procedure for the Committee for Environmental Protection to which Guidelines for the Circulation and Handling of CEP Documents were appended;

Decide:

To amend the Guidelines on Circulation and Handling of CEP Documents as set out in the Appendix to this Decision.

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Appendix to Decision 2(2001)

Guidelines on Circulation and Handling of CEP Documents

  1. All Working Papers prepared by Parties and Observers referred to in Rule 4-a and 4-b of the CEP Rules of Procedure and Information Papers which a Representative of a Party requests be translated, should be received by the Host Government no later than 45 days before the meeting. The Host Government should circulate these papers in translation no later than 30 days before the meeting. It is suggested that Information Papers for which translation has been requested by a Party be limited to 30 pages. Those Information Papers for which translation has not been requested should be submitted to the Host Government no later than 30 days before the meeting for pre-sessional circulation by the Host Government. Observers referred to in Rule 4-c may submit documents for distribution to the meeting as Information Papers.
  2. Working Papers received before the Meeting but after the 45 day deadline will, where practicable, be circulated pre-sessionally in the language in which they are submitted and, if possible, in translation by the Host Government. If pre-sessional circulation and translation have not been possible, such Papers will be available in translation during the Meeting.
  3. When a revised version of a Paper made after its initial submission is resubmitted to the Host Government for translation, the revised text should indicate clearly the amendments that have been incorporated.
  4. When Working Papers and Information Papers are generated during the course of the CEP meeting, Working Papers will be translated and circulated and Information Papers will be circulated at that meeting.
  5. Parties may request translation of any Information Paper either pre-sessionally or during the CEP-meeting.
  6. The Report referred to in Rule 23 should be presented to the ATCM in the official languages with a comprehensive list of that CEP meeting's officially circulated Working and Information Papers.
  7. The submission and circulation of all documents should be done by electronic means whenever feasible.

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Decision 3 (2001)

The Representatives,

Taking into account Decision 3 (1998), which called on Working Group I to elaborate draft texts for an annex or annexes on liability for environmental damage;

Encouraged by the progress made in the meetings of Working Group I and in informal consultations on a liability annex to the Environment Protocol;

Conscious of the need to continue the negotiations on this issue, which were mandated in Article 16 of the Environment Protocol;

Decide:

  1. To invite the Chairman of Working Group I to elaborate a draft text of an annex on the liability aspects of environmental emergencies, as a step in the establishment of a liability regime in accordance with Article 16 of the Protocol, on the basis of the draft text proposed by the United States (ATCM XXIV/WP 6) and his own draft text (ATCM XXIV/WP17), taking into account the paper produced by SCAR and COMNAP in response to Resolution 5 (1999) (ATCM XXIV/WP14), the informal consultations and the discussions in Working Group I on this topic, and the papers produced during these discussions.
  2. To further invite the Chairman of Working Group I to explore the possibility of holding intersessional consultations in 2002, under the same conditions as normal meetings of the ATCM, in order to develop a consensus on the draft text, and to encourage all Antarctic Treaty Parties to participate in any such intersessional consultations.
  3. To continue and conclude the negotiations on a draft annex on the liability aspects of environmental emergencies as soon as possible and to undertake these negotiations in Working Group 1 of the ATCM.

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Annex C: Resolutions

Resolution 1 (2001)

The Representatives,

Conscious of the ever increasing number of decisions of various kinds taken by Antarctic Treaty Consultative Meetings;

Taking account of Decision 1 (1995) adopted at the XIXth ATCM in Seoul, in which decisions of the Antarctic Treaty Consultative Meetings are classified according to their applicability and effect as respectively Measures, Decisions and Resolutions, and in which the approval procedure of Article IX-4 is reserved for Measures;

Noting that since 1995, 16 new Measures have been adopted by the (S)ATCM and that, in the meantime, no recommendations later than those of the XIth ATCM (Buenos Aires, 1981) have been approved by all Consultative Parties concerned;

Noting that consequently, the gap between measures adopted by the ATCM and measures subsequently approved and now effective has continued to grow;

Desiring to achieve a better understanding of which measures, whether approved or not, have in the meantime been superseded;

Recommend that intersessional consultations be held* to prepare a Decision, to be adopted at the XXVth ATCM, determining which of the Recommendations, adopted by the Ist to the XVIIIth ATCM, have been superseded by subsequent Recommendations, Measures, Decisions or Resolutions or can be considered obsolete for other reasons.

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Resolution 2(2001)

Collection of meteorites in Antarctica

The Representatives,

Concerned at the potential loss to scientific research because of unrestricted collection of meteorites in Antarctica;

Urge Parties to the Environmental Protocol to take such legal or administrative steps as are necessary to preserve Antarctic meteorites so that they are collected and curated according to accepted scientific standards, and are made available for scientific purposes.

Resolution 3(2001)

Historic Sites and Monuments

The Representatives,

Recalling Recommendations I-IX, VI-14, VII-9, XII-7, XIII-16 and XIV-8;

Noting the desirability of reviewing the List and Historic Sites or Monuments to ensure that it remains accurate and up-to-date;

Noting also that on entry into force of Annex V to the Protocol on Environmental Protection to the Antarctic Treaty, Historic Sites and Monuments may be also designated as Antarctic Specially Protected Areas or Antarctic Specially Managed Areas;

Recommend that:

Parties assume responsibility for reviewing Historic Sites and Monuments according to the list appended to this resolution.

In conducting a review of a listed Historic Site or Monument those Consultative Parties should assess whether:

The Consultative Parties identified in the Appendix to the Resolution report on the outcome of their review to the UK CEP contact in order to allow a report to be compiled for CEP V.

Those Consultative Parties with relevant information on the status of any Historic Sites and Monuments should ensure that such information is made available to those Parties responsible for the site.

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Resolution 4 (2001)

Guidelines for handling of pre-1958 historic remains whose existence or present location is not known

The Representatives,

Recalling Recommendation VII-9 which provides for Consultative Parties to adopt all adequate measures to preserve and protect from damage the historic monuments situated in the Antarctic Treaty area, and the provisions of Annex V to the Environmental Protocol,

Recalling also Resolution 8 (1995), which sets out criteria by which types of sites and artefacts that could be designated as historic sites and monuments,

Aware of the prohibition in Article 8 (4) of Annex V on the removal of listed historic monuments,

Recognising the unique value of all the historic remains of early exploration of the Antarctic continent, and

Noting that increased activity in Antarctica has increased the pressure on historic sites and artefacts not protected by current measures,

Recommend that:

The Guidelines, appended to this Resolution, for handling of pre-1958 historic remains whose existence or present location is not known, be used by Parties as guidance on questions relating to protection of such historic remains in Antarctica.

Appendix to Resolution 4 (2001)

Guidelines for handling of pre-1958 historic remains whose existence or present location is not known.

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These guidelines apply to pre-1958 historic artefacts/sites whose existence or location is not known.

  1. These guidelines should be applied, as far as possible, to provide interim protection of pre-1958 historic artefacts/sites until the Parties have had due time to consider their inclusion into the protection system under Annex V to the Protocol on Environmental Protection. This interim protection should not extend beyond three years after the discovery of a new historic artefact/site has been brought to the attention of the Parties.
  2. Historic artefacts/sites for the purpose of these Guidelines, include but are not necessarily limited to:
    • Artefacts with a particular association with a person who played an important role in the history of science or exploration of Antarctica;
    • Artefacts with a particular association with a notable feat of endurance achievement;
    • Artefacts representative of, or which form part of, some wide-ranging activity that has been important in the development of knowledge of Antarctica;
    • Artefacts with particular technical or architectural value in its materials, design or method of
    • Artefacts with the potential, through study, to reveal information or which have the potential to educate people about significant human activities in Antarctica;
    • Artefacts with symbolic or commemorative value for people of many nations.
    • Any person/expedition who discovers pre-1958 historic remains should notify the appropriate authorities in their home country. The consequences of removing such remains should be duly considered. If items nonetheless are removed from Antarctica, they should be delivered to the appropriate authorities in the home country of the discoverer.
  3. If historic artefacts/sites are discovered during construction activities, all construction should be discontinued to the greatest extent practical until the artefacts have been appropriately recorded and evaluated.
  4. The Party whose nationals have discovered pre-1958 historic artefacts/sites should notify the other Treaty Parties about the discovery, indicating what remains have been found, and where and when.
  5. If there is uncertainty as to the age of a newly discovered historic artefact/site it should be treated as a pre-1958 artefact/site until its age has been established.

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Resolution 5 (2001)

The Representatives,

Recalling Article III (1)a and Article VII(5) of the Antarctic Treaty;

Conscious of the obligations within the Protocol on Environmental Protection to the Antarctic Treaty and its Annexes to exchange information;

Conscious also of Recommendation VIII-6 and other commitments that the Parties have made with respect to keeping each other informed by regular or occasional exchanges;

Welcoming the decision taken at this meeting relating to the establishment of the Antarctic Treaty Secretariat in Buenos Aires; and

Desiring to ensure that the exchange of information between the Parties is conducted in the most efficient and timely way;

Recommend that Parties:

  1. exchange information in accordance with Attachment A;
  2. provide this information to a central information exchange web site to be hosted by Argentina or provide that site with relevant links to where this information can be found; and
  3. as a general principle, make that information publicly available.