Communication from the Ministry of Foreign Affairs No. 207 / 2024 Coll.
Communication from the Ministry of Foreign Affairs on the adoption of an amendment to Annex II to the Protocol on environmental protection to the Antarctic Treaty
Valid
International Treaty
Effective from 21.05.2024
Text versions:
01.07.2024
207
COMMUNICATION
Ministry of Foreign Affairs
on the adoption of an amendment to Annex II to the Protocol on environmental protection to the Treaty on Antarctic
The Ministry of Foreign Affairs announces that on 17 April 2009 an amendment to Annex II of the Protocol on environmental protection to the Antarctic Treaty was adopted in Baltimore.
The Parliament of the Czech Republic agreed to amend Annex II to the Protocol and the President of the Republic ratified it.
The amendment to Annex II to the Protocol entered into force on 8 December 2016 on the basis of Article 9 (1) of Annex II to the Protocol. It entered into force for the Czech Republic pursuant to Article 9 (2) on 21 May 2024.
The English version of the amendment to Annex II to the Protocol and its translation into the Czech language shall be published simultaneously.
Agreement
Measure 16 (2009)
Amendment to Annex II to the Protocol on environmental protection to the Treaty on Antarctic:
Protecting Antarctic fauna and flora
Representatives,
Recalling the Protocol on environmental protection to the Antarctic Treaty, including Annex II thereto on the protection of Antarctic fauna and flora;
note that the functions of the Environment Committee under Article 12 of the Protocol include the provision of advice and the formulation of recommendations in connection with the implementation of the Annexes to the Protocol;
Acknowledges that the Consultative Meeting on the Antarctic Treaty in 2001 approved the proposal of the Committee on Environmental Protection to carry out a review of Annex II to the Protocol;
Recalling also the procedure for amending Annex II pursuant to Article 9 (3) of the Protocol and Article 9 of Annex II;
Recalling that the words "All species of the genus Arctocephalus, sea lions' have been removed from Appendix A to Annex II by measure 4 (2006), which took effect on 23 June 2007;
recommend to their governments that:
1. Annex II to the Protocol on environmental protection to the Treaty on Antarctic: Protection of Antarctic fauna and flora has been replaced by an amended version of Annex II annexed to this measure;
2. the replacement of the existing version of Annex II by the amended version has become effective in accordance with Article 9 of Annex II.
Measure 16 (2009) Annex
ANNEX II ENVIRONMENT PROTECTION PROTOCOL FOR ANTARCTIDE
PROTECTION OF FAUNA AND ANTARCTIDES
DEFINITIONS
For the purposes of this Annex:
(a) "original mammal" shall mean any member of any species belonging to the Mammalia class, originating in the Antarctic Treaty Area or emerging through natural migration;
(b) "original bird" means any member at any stage of his life cycle (including eggs) of any type of class of Aves originating in the Antarctic Treaty Area or occurring there by natural migration;
(c) "original plant" means any member of any species of terrestrial or freshwater vegetation, including moss, lichens, mushrooms and algae, at any stage of its life cycle (including seeds and other forms of reproduction), originating in the Antarctic Treaty area;
(d) "original invertebrates" means any member of any species of terrestrial or freshwater invertebrates at any stage of its life cycle originating in the Antarctic Treaty Area;
(e) "competent authority" means any person or agency authorised by a Party to issue authorisations under this Annex;
(f) "authorisation" means a formal written authorisation issued by a competent authority;
(g) "take" or "take" means killing, injuring, catching, touching, or harassing an original mammal or bird, or transporting or harming quantities of native plants or invertebrates that would significantly affect their local distribution or abundance;
(h) "harmful interference" means:
(i) flying or landing helicopters or other means of air transport in a way that distorts the concentration of original birds or seals;
(ii) the use of vehicles or vessels, including hovercraft and small boats, in a way that distorts the concentration of the original birds or seals;
(iii) the use of explosives or firearms in such a way as to interfere with the concentration of original birds or seals;
(iv) deliberate interference by breeding or overlapping original birds or concentration by foot of original birds or seals;
(v) significant damage to the site of the original terrestrial plants by landing aircraft, vehicle journeys or trampling or other means; and
(vi) any activity which results in a significant adverse change in habitats of any species or population of indigenous mammals, birds, plants or invertebrates.
(i) "International Convention for the Control of Whaling" means the Convention negotiated in Washington on 2 December 1946;
(j) "Agreement for the protection of albatross and sausages" shall mean the Agreement negotiated in Canberra on 19 June 2001.
_
1. This Annex shall not apply in cases of emergency concerning the safety of human life or of ships, aircraft or equipment and high value equipment or environmental protection.
2. Communication of activities carried out in emergency cases resulting in any procurement or harmful interference shall be circulated without delay to all parties and to the Committee.
PROTECTION OF ORIGIN FAUNA AND FLORTS
1. Withdrawal or harmful interference shall be prohibited unless it complies with the authorisation.
2. Such authorisations shall provide for a holiday activity, including when, where and by whom they are to be carried out, and shall be issued only in the following circumstances:
(a) measures of samples for scientific study or scientific information;
(b) measures of samples for museums, herbarians and botanical gardens or other educational institutions or uses;
(c) measures for samples for zoos, but only where such samples cannot be obtained from collection elsewhere, or where there is a serious requirement for conservation; and
(d) taking measures concerning the inevitable consequences of scientific activities which are not otherwise permitted under (a), (b) or (c) above, or the construction and operation of scientific support facilities.
3. The issue of such authorisations shall be restricted to ensure that:
(a) no more original mammals, birds, plants or invertebrates shall be removed than is strictly necessary to satisfy the purposes set out in paragraph 2 above;
(b) only small numbers of indigenous mammals or birds are killed and in no case more local populations are killed than can normally replace natural reproduction in the following season in conjunction with other authorised withdrawals; and
(c) the diversity of species and habitats essential to their existence and balance of the ecological systems existing in the Antarctic Treaty area shall be maintained.
4. Each species of native mammals, birds, plants and invertebrates listed in the Appendix To this Annex, it will be designated as a "specially protected species' and will be given special protection by the Parties.
5. The designation of a species as a specially protected species shall be made in accordance with agreed procedures and criteria adopted at a consultation meeting with the Antarctic Treaty.
6. The Committee shall review and make recommendations on the criteria for the designation of native mammals, birds, plants or invertebrates as a specially protected species.
7. Any Party, the Committee, the Scientific Committee for Antarctic Research or the Commission for the Protection of Antarctic Living Marine Resources may propose a species to be designated as a specially protected species by submitting a proposal stating the reasons for the consultation of the Antarctic Treaty.
8. No authorisation shall be issued for the collection of the species specially protected if:
(a) is not for a serious scientific purpose; or
(b) endanger the survival or restoration of this species or of the local population;
9. The use of lethal techniques on specially protected species is permitted only if there is no suitable alternative technique.
10. Proposals for the designation of species as a specially protected species shall be submitted to the Committee, to the Scientific Committee for Antarctic Research and, in the case of indigenous mammals and birds, to the Commission for the protection of Antarctic living marine resources and, where appropriate, to the Meeting of the Parties to the Agreement on the Protection of Albatross and Cupcakes and other organisations. When formulating its recommendation for a consultative meeting on the Antarctic Treaty on whether a species should be classified as a specially protected species, the Committee shall take into account any comments made by the Scientific Committee on Antarctic Research and, in the case of indigenous mammals and birds, the Commission for the Protection of Antarctic Living Resources and, where appropriate, by the Meeting of the Parties to the Agreement on the Protection of Albatross and Weirs and other organisations.
11. All collection of original mammals and birds will be carried out in a way that brings the least feasible level of pain and suffering.
EQUIPMENT AND INSTALLATION OF NON-ORIGINATING SPECIES AND NON-EMPLOYMENT
1. No species of live organisms not originating in the Antarctic Treaty Area shall be planted on land or on ice shelf or in waters in the Antarctic Treaty Area other than in accordance with the authorisation.
2. Dogs shall not be brought to the mainland, glacial bodies or glaciers at sea.
3. The authorisation referred to in paragraph 1 shall be:
(a) issued only for the import of cultivated plants and their propagation promoting controlled uses and species of live organisms for controlled experimental uses; and
(b) determine the number of species and, where appropriate, the age and sex of the individuals of the species to be planted, together with the justification for the introduction and indication of the preventive measures to be taken to prevent the escape or contact with fauna or flora.
4. Any species for which authorisation is granted in accordance with paragraphs 1 and 3 above shall be removed from the Antarctic Treaty area before the authorisation expires, or removed by incineration or by the same effective means to eliminate the danger to the original fauna or flora. The authorisation shall specify this commitment.
5. Any species, including any progeny not originating in the Antarctic Treaty area, which is introduced into that area without authorisation, which has been granted in accordance with paragraphs 1 and 3 above, shall be removed or removed whenever possible, unless its removal or disposal would cause an even greater adverse environmental impact. Such removal or disposal may include incineration or equally effective means to make it sterile, unless it is proved to pose no risk to the original flora or fauna. In addition, all reasonable steps must be taken to check the consequences of this introduction to prevent damage to the original fauna or flora.
6. Nothing in this Article shall apply to the importation of foodstuffs into the Antarctic Treaty Area, provided that no live animals are imported for that purpose and all plants and animal parts and products are kept under carefully controlled conditions and are removed in accordance with Annex III to the Protocol.
7. Each Party shall require that measures be taken to prevent the accidental introduction of micro-organisms (e.g. viruses, bacteria, yeast, fungi) which are not naturally present in the Antarctic Treaty area.
8. No live poultry or other live birds will be introduced into the Antarctic Treaty area. All efforts must be made to ensure that poultry or bird products imported into Antarctica are not contaminated by diseases (e.g. Newcastle disease, tuberculosis and yeast infections) which could be harmful to the indigenous flora and fauna. Any poultry or bird products not consumed will be removed from the Antarctic Treaty area or removed by incineration or by equivalent means to eliminate the risk of introduction of micro-organisms (e.g. viruses, bacteria, yeasts, fungi) into the original flora and fauna.
9. The deliberate introduction of non-sterile land into the Antarctic Treaty area is prohibited. The parties should ensure as far as possible that non-sterile land is not inadvertently introduced into the Antarctic Treaty area.
INFORMATION
Each Party shall publish information on prohibited activities and on specially protected species for all persons present or intending to enter the Antarctic Treaty area in order to ensure that such persons understand and comply with the provisions of this Annex.
EXCHANGE OF INFORMATION
The Parties shall take measures to:
(a) the collection and exchange of records (including permit records) and statistics relating to the numbers or quantities of each species of native mammals, birds, plants or invertebrates collected annually in the Antarctic Treaty Area; and
(b) the acquisition and exchange of information concerning the status of indigenous mammals, birds, plants and invertebrates in the Antarctic Treaty area, as well as the extent to which such species or populations need protection.
2. As soon as possible after the end of each season of the South Summer, but in all cases before 1 October each year, the Parties shall inform the other Parties and the Committee of each step taken pursuant to paragraph 1 above and of the number and nature of authorisations granted under this Annex during the previous period from 1 April to 31 March.
RELATIONS TO OTHER AGREEMENTS OUT OF THE ANTARCTIDE TREATY
Nothing in this Annex shall abolish the rights and obligations of the Parties under the International Convention for the Control of Whaling.
Revision
The Parties shall keep under constant review the measures to protect the fauna and flora of Antarctica, taking into account all Committee recommendations.
AMENDMENT OR ADJUSTMENT
1. This Annex may be amended or amended by a measure adopted in accordance with Article IX, paragraph 1 of the Antarctic Treaty. Unless otherwise provided for in the measure, the amendment or modification shall be deemed to have been approved and shall become effective one year after the conclusion of the consultation meeting on the Antarctic Treaty to which they have been adopted, unless one or more of the Parties to the Antarctic Treaty notify the depositary within that period that it wishes to extend that period or that it cannot approve the measure.
2. Any amendment or modification to this Annex that becomes effective in accordance with paragraph 1 above shall then become effective in respect of any other Party as soon as the depositary has received a notification of approval by that Party.
ANNEX
Appendix A:
OTHER PROTECTED SPECIES
Ommatophoca rossii, Ross' seal.
1) The Protocol on Environmental Protection to the Antarctic Treaty, negotiated in Madrid on 1 October 1991, was published under No 42 / 2005 Coll. in the Treaty on Antarctic, negotiated in Washington on 1 December 1959, and was published under No 76 / 1962 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 207 / 2024 Coll., on the adoption of an amendment to Annex II to the Protocol on environmental protection to the Treaty on Antarctic |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.2024 |
|---|---|
| Effective from | 21.05.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0