Guidelines on the procedure to be followed with respect to Consultative Party status
The Representatives,
Recognising the need for an updated procedure of consultation and evaluation in the event that another State, having acceded to the Antarctic Treaty, should notify the depositary Government that it considers it is entitled to appoint representatives to participate in Antarctic Treaty Consultative Meetings (“ATCM”);
Recalling the obligation under Article X of the Antarctic Treaty “to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes” of the Antarctic Treaty;
Recognising that a Contracting Party which has become a Party to the Antarctic Treaty by accession shall be entitled to appoint representatives to participate in ATCM under paragraph 2 of Article IX of the Antarctic Treaty “during such time as that Contracting Party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific expedition”;
Recalling the obligation under paragraph 4 of Article 22 of the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”) not to act upon a notification regarding the entitlement of a Contracting Party to the Antarctic Treaty to appoint representatives to participate in ATCM unless the Contracting Party has first ratified, accepted, approved or acceded to the Protocol;
Emphasising the importance of Contracting Parties to the Antarctic Treaty that are seeking Consultative Party status approving all Annexes to the Protocol that have become effective;
Taking into account that Decision 4 (2005), adopted at ATCM XXVIII, and the Guidelines on Notification with respect to Consultative Status, adopted at ATCM XIV, need to be updated;
Decide that:
1. A Contracting Party which considers itself entitled to appoint representatives in accordance with paragraph 2 of Article IX of the Antarctic Treaty shall notify the depositary Government for the Antarctic Treaty of this view and shall provide information concerning its activities in the Antarctic, no later than 210 days prior to the Antarctic Treaty Consultative Meeting (“ATCM”) at which the request for recognition of Consultative Party status is to be considered, in particular as recommended by the ATCM in the present Decision and its Annex. The depositary Government shall forthwith communicate for evaluation the foregoing notification and information to all other Consultative Parties.
2. Consultative Parties, in exercising the obligation placed on them by Article X of the Antarctic Treaty, shall examine the information about its activities provided by the Contracting Party, may conduct any appropriate enquiries (including the exercising of their right of inspection in accordance with Article VII of the Antarctic Treaty) and may, through the depositary Government, urge the Contracting Party to make a declaration of intent to approve the Recommendations and Measures adopted by the ATCM and subsequently approved by all the Contracting Parties whose representatives were entitled to participate in those meetings. Consultative Parties may, through the depositary Government, invite the Contracting Party to consider approval of the other Recommendations and Measures.
3. The Government which is to host the next ATCM shall, in the context of its preparation of the provisional agenda for the ATCM in accordance with the Rules of Procedure of the ATCM, include an appropriate item in the provisional agenda for consideration of the notification.
4. The ATCM shall decide, on the basis of all information available to it, whether the Contracting Party in question is to be accorded Consultative Party status consistent with paragraph 2 of Article IX of the Antarctic Treaty and paragraph 4 of Article 22 of the Protocol on Environmental Protection to the Antarctic Treaty. A Decision of the ATCM to accord Consultative Party status shall be notified by the host Government to the Contracting Party.
5. The Guidelines on the procedure to be followed with respect to Consultative Party status are annexed to this Decision.
6. The Guidelines on Notification with respect to Consultative Status adopted at ATCM XIV and Decision 4 (2005) are superseded by this Decision and its Annex.
The Representatives,
Recognising the need for an updated procedure of consultation and evaluation in the event that another State, having acceded to the Antarctic Treaty, should notify the depositary Government that it considers it is entitled to appoint representatives to participate in Antarctic Treaty Consultative Meetings (“ATCM”);
Recalling the obligation under Article X of the Antarctic Treaty “to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes” of the Antarctic Treaty;
Recognising that a Contracting Party which has become a Party to the Antarctic Treaty by accession shall be entitled to appoint representatives to participate in ATCM under paragraph 2 of Article IX of the Antarctic Treaty “during such time as that Contracting Party demonstrates its interest in Antarctica by conducting substantial scientific research activity there, such as the establishment of a scientific station or the despatch of a scientific expedition”;
Recalling the obligation under paragraph 4 of Article 22 of the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”) not to act upon a notification regarding the entitlement of a Contracting Party to the Antarctic Treaty to appoint representatives to participate in ATCM unless the Contracting Party has first ratified, accepted, approved or acceded to the Protocol;
Emphasising the importance of Contracting Parties to the Antarctic Treaty that are seeking Consultative Party status approving all Annexes to the Protocol that have become effective;
Taking into account that Decision 4 (2005), adopted at ATCM XXVIII, and the Guidelines on Notification with respect to Consultative Status, adopted at ATCM XIV, need to be updated;
Decide that:
1. A Contracting Party which considers itself entitled to appoint representatives in accordance with paragraph 2 of Article IX of the Antarctic Treaty shall notify the depositary Government for the Antarctic Treaty of this view and shall provide information concerning its activities in the Antarctic, no later than 210 days prior to the Antarctic Treaty Consultative Meeting (“ATCM”) at which the request for recognition of Consultative Party status is to be considered, in particular as recommended by the ATCM in the present Decision and its Annex. The depositary Government shall forthwith communicate for evaluation the foregoing notification and information to all other Consultative Parties.
2. Consultative Parties, in exercising the obligation placed on them by Article X of the Antarctic Treaty, shall examine the information about its activities provided by the Contracting Party, may conduct any appropriate enquiries (including the exercising of their right of inspection in accordance with Article VII of the Antarctic Treaty) and may, through the depositary Government, urge the Contracting Party to make a declaration of intent to approve the Recommendations and Measures adopted by the ATCM and subsequently approved by all the Contracting Parties whose representatives were entitled to participate in those meetings. Consultative Parties may, through the depositary Government, invite the Contracting Party to consider approval of the other Recommendations and Measures.
3. The Government which is to host the next ATCM shall, in the context of its preparation of the provisional agenda for the ATCM in accordance with the Rules of Procedure of the ATCM, include an appropriate item in the provisional agenda for consideration of the notification.
4. The ATCM shall decide, on the basis of all information available to it, whether the Contracting Party in question is to be accorded Consultative Party status consistent with paragraph 2 of Article IX of the Antarctic Treaty and paragraph 4 of Article 22 of the Protocol on Environmental Protection to the Antarctic Treaty. A Decision of the ATCM to accord Consultative Party status shall be notified by the host Government to the Contracting Party.
5. The Guidelines on the procedure to be followed with respect to Consultative Party status are annexed to this Decision.
6. The Guidelines on Notification with respect to Consultative Status adopted at ATCM XIV and Decision 4 (2005) are superseded by this Decision and its Annex.
