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Decision 5 (2015) - ATCM XXXVIII - CEP XVIII, Sofia

 
SubjectLiability arising from Environmental Emergencies
Status
Adopted 10/06/2015
Category Institutional & legal matters
Topics - Environment Protocol
- Liability
Attachments
Liability arising from Environmental Emergencies

The Representatives,

Recalling the undertaking in Article 16 of the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”) to elaborate rules and procedures relating to liability for damage arising from activities taking place in the Antarctic Treaty area and covered by the Protocol;

Recalling Measure 1 (2005) and the adoption of Annex VI to the Protocol, as a step in the establishment of a liability regime in accordance with Article 16 of the Protocol;

Noting that Annex VI has yet to become effective;

Recalling Decisions 1 (2005) and 4 (2010) regarding the annual evaluation of progress towards Annex VI becoming effective and the establishment of a time-frame for the resumption of negotiations on liability in accordance with Article 16 of the Protocol;

Welcoming the advice provided by the Committee for Environmental Protection in 2013 on environmental issues related to the practicality of specific instances of repair or remediation of environmental damage in the circumstances of Antarctica;

Decide:

1. to continue to evaluate annually the progress made towards Annex VI becoming effective in accordance with Article IX of the Antarctic Treaty, and what action may be necessary and appropriate to encourage Parties to approve Annex VI in a timely manner;

2. to continue to share with one another information and experience, to support progress towards Annex VI becoming effective;

3. to take a decision in 2020 on the establishment of a time-frame for the resumption of negotiations on liability in accordance with Article 16 of the Protocol, or sooner if Parties so decide in light of progress made in approving Measure 1 (2005); and

4. that Decision 4 (2010) is no longer current.

Relevant Final Report paragraph177
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