Annex VI of the Environment Protocol, which deals with liabilities arising from environmental emergencies, has not yet come into force, but shipowners trading to the Antarctic should be aware of their potential liabilities under this instrument. The UK P&I Club has issued Legal Briefing to provide details of the application of Annex VI, a shipowners obligations and liabilities, and exemptions.
TheTreaty’s Protocol on Environmental Protection came into force in 1998. Its objective, as set out in Article 2 of the Protocol, is the “comprehensive protection of the Antarctic environment and dependent and associated ecosystems”, and to that end, the Parties “designate Antarctica as a natural reserve, devoted to peace and science”. Article 3(3) of the Protocol emphasises the priority that must be given to scientific research in the Antarctic and to its preservation for these purposes.
The Protocol imposes strict regulations on all activities carried out in the Antarctic.As well as prohibiting mineral exploitation of the continent (Article 7 of the Protocol),almost all other activities taking place there, such as scientific research programmes and tourism,are subjected to environmental impact assessments (Article 8 of the Protocol).
One of the most significant aspects of the Protocol is its treatment of environmental emergencies. Under Article 15 of the Protocol, the Parties are committed to providing “prompt and effective” response actions to emergencies arising from activities carried out in the Antarctic area, which include shipping activities. In order to respond to such emergency incidents, the Parties also commit to establishing contingency plans. The Parties agree to “elaborate” rules and procedures relating to liability for damage arising from the activities taking place in the Antarctic Treaty area (Article 16 of the Protocol)
Find out more about the Antarctic Treaty and operators’ obligations & liabilities by reading UK P&I Club’s relevant Legal Briefing
Source:UK P&I Club
