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Resolution 5 (1999) - ATCM XXIII - CEP II, Lima

SubjectLiability Annex deliberations
Adopted 04/06/1999
Category Environmental protection
Topics - Annex VI (Liability)
- COMNAP (Council of Managers of National Antarctic Programs)
- Insurance
- Liability
- SCAR (Scientific Committee on Antarctic Research)

The Representatives,

Recalling Resolution 6 (1998) regarding Emergency Response Action and Contingency Planning;

Considering that further work on preventative measures and on response action would promote progress on the issue of addressing liability for damage to the Antarctic environment;

Recording the appreciation of the Meeting for the valuable information regarding Antarctic environmental risks contained in XXIII ATCM/WP 16 presented by COMNAP, and for the participation of COMNAP and SCAR at the present Meeting during discussion of the
question of liability for environmental harm;

Request that COMNAP and SCAR:

1. Continue to provide representatives throughout all meetings of the Consultative Parties at which the question of liability is discussed.

2. Drawing on their respective areas of expertise, and in consultation with other appropriate bodies, provide advice in a joint Working Paper to the XXIV ATCM. The Working Paper should discuss the operational and scientific aspects of preventative measures and response action, with a view to aiding the ATCM in its understanding of these practical aspects in order to facilitate work on liability issues. In addition to possible examples of preventative measures and response actions, the Working Paper could address, inter alia:
a) What criteria could be used to determine whether an impact causes harm to the environment;
b) What is the scientific meaning of "dependent and associated ecosystems";
c) What, in the circumstances of Antarctica, are incidents that could cause environmental harm, distinguishing immediate harm from gradual or cumulative harm;
d) Whether, and under what circumstances, would it be possible and/or practicable to take containment, mitigation or clean-up action, and whether, and under what circumstances, would it be possible to restore the environment; and
e) Is there an operational or scientific definition of the term "irreparable" and, if so, what criteria could be used to determine if harm is "irreparable".

Note the desirability of receiving comments from the CEP on the joint COMNAP/SCAR Working Paper.

Further request that the advice, referred to in paragraph 2, as well as reports of COMNAP on emergency risk assessment, be conveyed by the chairman of the Meeting to representatives of the insurance industry, including the International Association of P&I Clubs, in order to seek their views regarding the insurability of operators and vessels for harm to the Antarctic environment, and what further scientific or practical information would be necessary for assessing the risks associated with operations in the Antarctic.
Relevant Final Report paragraph97
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