8 October 2013 Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty: Liability Arising from Environmental Emergencies 1

CONTENT Purpose History and Context What is the environmental problem? How does the Annex address the problem? Why should South Africa Ratify the Annex? What are the implications ?

PURPOSE To present to Portfolio Committee the Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty: Liability Arising from Environmental Emergencies for ratification by Parliament 3

History and Context South Africa is one of the twelve original signatories to the Antarctic Treaty which was signed in Washington on 1 December The Treaty is a multilateral agreement: (a) requires the Members to ensure that Antarctica is used exclusively for peaceful purposes, (b) guarantees freedom of scientific research, (c) sets aside the question of territorial sovereignty in Antarctica.

South African National Antarctic Programme (SANAP)

History and Context (cont.) The Treaty was not specifically designed to protect the environment. The Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol – with annexes) - signed in 1991 placed special emphasis on the protection of the environment. The Protocol - ratified by the South African government in 1995: - Came into force in January 1998 when all Parties ratified.

What is the environmental problem? Antarctica is a continent of extremes i.e. the coldest, driest, highest, most pristine, etc. Together with the Southern Ocean it has the largest contained ecosystem on the planet. Antarctica also plays an integral role in regulating global environmental processes. Antarctica is reflecting to us the impacts mankind has elsewhere on the globe. The Antarctic environment is slow in recovering from disruptions. The increase in tourism and the number of Bases/Stations, especially their cumulative impact will increase the risk to the environment.

What is the environmental problem? (cont.) Ratification will reduce the risk and exposure for South Africa to environmental emergencies caused by activities launched from this country; SA may be put in the position of having to respond to environmental emergencies caused by activities under the nominal jurisdiction of other countries. Ratification will allow South Africa to legal oblige entities that plan activities in Antarctica to comply with the Environmental Protocol, and have sufficient insurance for environmental clean-ups. An international system of compensation (to be established) will allow reimbursement of expenses for response action. 9

Photo taken on Dec. 9, 2011 shows the wreckage of a Chinese helicopter in Antarctica. A helicopter serving a Chinese scientific expedition in the Antarctic crashed The helicopter's pilot lost control of the craft while flying back to the polar icebreaker Snow Dragon after bringing supplies to China's Sinking of S/M Explorer ship in the Antarctica.

ANTARCTIC TOURIST TRENDS

Tourism by Nationality

How does the Annex address the problem? Creates a framework for Parties to insist that organisations/entities that plan activities in the Antarctic Treaty area to: - develop and implement contingency plans to reduce the risk of environmental emergencies: - to respond to environmental incidents when they occur. Parties can take action against non-response of an entity to a particular environmental emergency, and create a mechanism to recover the costs of response action either from the operator or a fund which will be established. The Annex requires that operators have sufficient insurance for their operations. An international fund – to be established for reimbursement for response actions taken by Parties that did not cause the emergency.

CONSULTATION Department of International Relations and Cooperation for compliance with international law; Department of Justice for compliance with domestic law; Department of Transport and the South African Maritime Safety Authority (SAMSA); Department of Science and Technology; Department of Minerals and Energy. 14

Why should South Africa Ratify the Annex? SA has strong interests in preserving the pristine and sensitive Antarctic environment, its resources and also to limit the impact of manmade environmental emergencies for future generations and for the betterment of mankind; Ratification will reduce the risk and exposure for South Africa to environmental emergencies caused by activities launched from this country; SA may be put in the position of having to respond to environmental emergencies caused by activities under the nominal jurisdiction of other countries. An international system of compensation (to be established) will allow reimbursement of expenses for response action.

What are the implications? The Liability Annex will not enter into force until all of the 28 Consultative Parties to the Antarctic Treaty ratify it. Ratification by the SA will reduce the risk and exposure to the environment. Once approval has been obtained the Antarctic Treaties Act, 1996 (Act No. 60 of 1996) will have to be amended and Regulations promulgated; No specific additional allocations (Personnel and Finance) are required as this will be implemented gradually using existing and projected funding allocations.

Recommendations It is recommended that the Portfolio Committee: Recommend to Parliament the ratification of the Liability Annex (Annex VI) to the Protocol on Environmental Protection to the Antarctic Treaty. 17