Secretariat of the Antarctic Treaty
  1. Environmental Protection
  2. Environment Protocol

The Protocol on
Environmental Protection
to the Antarctic Treaty

The Protocol on Environmental Protection to the Antarctic Treaty was signed in Madrid on October 4, 1991 and entered into force in 1998. It designates Antarctica as a “natural reserve, devoted to peace and science” (Art. 2). Article 3 of the Environment Protocol sets forth basic principles applicable to human activities in Antarctica and Article 7 prohibits all activities relating to Antarctic mineral resources, except for scientific research. The Protocol establishes in its Schedule the procedure for the constitution and function of a Permanent Court of Arbitration.

It is sometimes publicly reported that the Protocol ‘expires’ in 2048. This is a misinterpretation and is not correct. Neither the Protocol, nor the Antarctic Treaty, have a termination date. For the first fifty years from the Protocol’s entry into force (1998), it can only be modified by the unanimous agreement of all Consultative Parties to the Antarctic Treaty. After this point (from 2048), any of the Antarctic Treaty Consultative Parties can call for a review conference into the Protocol’s operation (Art. 25.2).

The Protocol provides that if a review conference is called, it can be modified or amended by a majority of all Parties, including three-quarters of the Consultative Parties at the time of the Protocol’s adoption. Any modifications or amendments will only enter into force with the agreement of all 26 Consultative Parties that adopted the Protocol in 1991. Additionally, the prohibition on Antarctic mineral resource activities in Article 7 cannot be removed or amended unless a binding legal regime on Antarctic mineral resource activities is in force. The introduction of such a regime would require consensus.

The Protocol has six Annexes. Annexes I to IV were adopted in 1991 together with the Protocol and entered into force in 1998. Annex V on Area Protection and Management was adopted separately by the 16th ATCM in 1991 and entered into force in 2002. Annex VI on Liability Arising from Environmental Emergencies was adopted by the 28th ATCM in Stockholm in 2005 and will enter into force once approved by all Consultative Parties.

The Environment Protocol established the Committee for Environmental Protection (CEP) as an expert advisory body to provide advice and formulate recommendations to the ATCM in connection with the implementation of the Environment Protocol. The CEP meets every year in conjunction with the ATCM.