The Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol, is a complementary legal instrument to the Antarctic Treaty signed in Madrid on 4 October 1991. It entered into force on 14 January 1998.
The Madrid Protocol designates Antarctica as a "natural reserve, devoted to peace and science" (Art. 2). It complements and reinforces the Antarctic Treaty in order to increase the protection of the Antarctic environment and dependent and associated ecosystems.
Signatories
As of 2024, the original 26 nations to sign the Madrid Protocol have been joined by a further 16 nations. Of the 42 total signatories, 29 are Consultative Parties to the Antarctic Treaty, and the other 13 are Non-Consultative Parties (see Appendix 1).
Main provisions
The Protocol consists of a preamble, a main body with 27 articles, an appendix on Arbitration (13 additional articles) and six annexes, the last of which has not yet entered into force.
The Protocol's preamble describes the desire of the Antarctic Treaty Parties to develop a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems, in the interest of mankind as a whole.
The main body of the Protocol includes the following key provisions:
- Article 2: "The Parties commit themselves to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems and hereby designate Antarctica as a natural reserve, devoted to peace and science."
- Article 3 contains the environmental principles on which the Protocol is based. These principles state the need to protect the natural and scientific values of Antarctica, with particular emphasis on the obligation to carry out careful planning of Antarctic activities, in order to avoid or mitigate the harmful impacts on the environment that they could cause.
- Article 7 prohibits any activity relating to mineral resources, other than scientific research.
- Article 8 establishes that, before proceeding with an activity in Antarctica, prior assessment of the likely impacts of the proposed activity on the Antarctic environment or on dependent or associated ecosystems must be carried out.
- Articles 11 and 12 establish the Committee for Environmental Protection and its functions, which comprise providing advice and formulating recommendations to the Parties in connection with the implementation of the Protocol.
- Article 14 stresses the need to carry out inspections (in accordance with Article VII of the Antarctic Treaty) in order to promote the protection of the Antarctic environment and dependent and associated ecosystems, and to ensure compliance with the Protocol.
- Article 15 establishes that each Party agrees to provide for prompt and effective response action in cases of environmental emergencies in the Antarctic Treaty area that might arise in the performance of scientific research programmes, tourism and all other governmental and non-governmental activities.
Annexes to the Protocol
The Protocol has six annexes with practical provisions for the protection of the Antarctic ecosystem. Article 9 of the Protocol allows for the amendment or modification of Annexes and provides for the possibility that new annexes be added to the existing ones, in order to guarantee a permanent updating mechanism.
The annexes are:
- Environmental Impact Assessment
- Conservation of Antarctic Fauna and Flora
- Waste Disposal and Waste Management
- Prevention of Marine Pollution
- Area Protection and Management
- Liability Arising from Environmental Emergencies
The Protocol and its first four annexes entered into force on 14 January 1998, after being adopted by all the Consultative Parties to the Antarctic Treaty. Annex V was drafted after the first four annexes and entered into force on 24 May 2002. The sixth annex was agreed at the XXVIII Antarctic Treaty Consultative Meeting (Stockholm, 2005) and has not yet entered into force as it still awaits adoption by all Consultative Parties. As of 2024, 20 of the 29 Consultative Parties have adopted it. In 2009 an amendment to Annex II was adopted.
Annex I: Environmental Impact Assessment
This Annex establishes that all activities carried out in the Antarctic Treaty area must be preceded by an environmental impact assessment (EIA), to foresee the likely impacts that such activities might cause on the Antarctic environment. The EIA is a process that aims to provide information to decision-makers about the environmental consequences of a proposed activity. Such assessment allows the development and implementation of mitigation and restoration measures.
Annex II: Conservation of Antarctic Flora and Fauna
In order to protect Antarctic fauna and flora and taking into account that human activity may represent a threat to their survival, Annex II establishes that the taking and harmful interference of Antarctic species, as well as the introduction of non-native species to the continent, are prohibited, except with a permit issued by an Antarctic Treaty Party.
According to Annex II, the taking of Antarctic species means to kill, injure, capture, handle or molest a native mammal or bird, or to remove or damage such quantities of native plants or invertebrates that their local distribution or abundance would be significantly affected. Annex II also establishes that harmful interference to an Antarctic species can occur due to multiple reasons, among which are:
- The flight or landing of helicopters or other aircraft, the use of vehicles or boats (including hovercraft and small boats), or explosives and firearms, that disturb the concentration of native birds or seals
- Wilful disturbance of breeding or moulting native birds or concentrations of native birds or seals by persons on foot
- Significant damage to concentrations of native terrestrial plants by landing aircraft, driving vehicles, by stepping on such plants, or by any other means
- Any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant or invertebrate
Annex II also prohibits the introduction onto land or ice shelves, or into water, in the Antarctic Treaty Area of any non-native species of living organisms, except in accordance with a permit. The prohibition of introducing non-native species is related to their potential to negatively affect native species. A non-native species may act as a competitor (for habitat or food) with the native species; as a vector of diseases to which native species are not accustomed; as a habitat-modifying agent, or as a predator of the native species. The only types of species allowed to enter Antarctica, after a permit has been issued, are cultivated plants and their reproductive propagules for controlled use and species of living organisms for controlled experimental use.
Finally, Annex II allows for the designation as Specially Protected Antarctic Species those species of native mammals, birds, plants and invertebrates, whose survival or stability could be in a particularly compromised situation.
Annex III: Waste Disposal and Treatment
Pursuant to this Annex, Antarctic waste management includes the planning, classification, management, storage, transportation and final disposal of all waste generated south of 60°S.
Annex III prohibits the open burning or disposal of waste onto ice-free areas or into freshwater systems.
It also establishes that the amount of waste produced or disposed of in the Antarctic Treaty area shall be reduced as far as practicable so as to minimise impact on the Antarctic environment.
The Protocol contemplates three methods for the final disposal of waste in Antarctica:
- Removal: Annex III establishes that Antarctic wastes be removed from the Antarctic Treaty Area to the maximum extent practicable. Before being removed, all waste shall be stored in such a way as to prevent its dispersal into the environment.
- Controlled incineration: This option can only be carried out in those facilities which, to the maximum extent practicable, reduce harmful emissions (controlled combustion incinerators). Only biodegradable waste can be incinerated. The solid residue of such incineration shall be removed from the Antarctic Treaty area.
- Disposal to the sea: Disposal of sewage and domestic liquid waste to the sea is allowed, exclusively in areas where conditions exist for its initial dilution and rapid dispersion (i.e., in currents that go offshore). When the station exceeds 30 people, the Annex requires that such waste be previously treated, at least by maceration.
This Annex also proposes a classification system for waste generated in Antarctica, which serves as a basis for keeping a record of waste and to facilitate studies aimed at evaluating the impacts on the environment of scientific activities and associated logistical support. To this end, this Annex establishes that the waste generated must be classified into five groups:
- Group 1: sewage and domestic liquid waste
- Group 2: other liquid wastes and chemicals, including fuels and lubricants
- Group 3: solids to be combusted
- Group 4: other solid wastes
- Group 5: radioactive material
To further reduce the impact of waste on the Antarctic environment, Annex III to the Protocol establishes that each National Programme must prepare, review and periodically update waste treatment plans for bases, camps and vessels, specifying programmes for cleaning up existing waste disposal sites and abandoned work sites.
Annex IV: Prevention of Marine Pollution
This Annex establishes prohibitions and restrictions on the dumping of waste from ships, while operating in the Antarctic Treaty area. This Annex is part of the provisions of the convention to prevent Marine Pollution from ships, known internationally as MARPOL 73/78 (originally signed in 1973, with amendments in 1978), within the framework of which, in 1990, it was agreed to grant Antarctic waters the status of Special Zone, where greater restrictions must be observed than in other international waters.
Thus, any discharge into the sea of oil or oily mixture, any noxious liquid substance, and any other chemical or other substances (in quantities or concentrations that are harmful to the marine environment), and all plastics (including but not limited to synthetic ropes, synthetic fishing nets, and plastic garbage bags) shall be prohibited.
The Annex also regulates discharges into the sea of untreated sewage, as defined in Annex IV of MARPOL 73/78, and establishes that all ships, before entering the Antarctic Treaty area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures.
Finally, Annex IV states that, to respond more effectively to marine pollution emergencies, the Parties shall develop contingency plans for marine pollution response in the Antarctic Treaty area.
Annex V: Area Protection and Management
Annex V to the Protocol establishes a new scheme of protected areas in Antarctica, made up of three categories: Antarctic Specially Protected Areas (ASPAs), Antarctic Specially Managed Areas (ASMAs), and Historic Sites and Monuments (HSMs).
An Antarctic Specially Protected Area (ASPA) is a terrestrial or marine area that has outstanding environmental, scientific, aesthetic, historic or wilderness values, or ongoing or planned scientific research, that the Antarctic Treaty Consultative Meeting (ATCM), after any Party's proposal, designates as such to protect those values. Former Sites of Special Scientific Interest and former Specially Protected Areas, designated as such by previous Consultative Meetings, were then reclassified as ASPAs.
Annex V prohibits entering an ASPA, except in accordance with a permit issued by any Party to the Antarctic Treaty. It also establishes that each ASPA shall have a Management Plan, a document that identifies the values to be protected and the measures to be taken to guarantee their proper management.