acti%'ities in Antarctica and that, as a result, have full decision-making rights under 

 the Treaty-.'' The United States signed the Protocol at Madrid on that date. 



All 26 Consultative Parties have signed the Protocol. The Consultative Parties 

 adopted an additional annex, on area protection and management, to the Protocol 

 at Bonn on October 17, 1991. 



Turning to a description of its provisions, the Protocol on Environmental Protec- 

 tion to the Antarctic Treaty builds upon the Antarctic Treaty to extend and improve 

 the Treat>-'s effectiveness as a means for protecting the Antarctic environment. It 

 reaffirms the status of Antarctica as an area resen-ed exclusively for peaceful pur- 

 poses, including in particular scientific research, and sets forth a comprehensive, le- 

 gally binding system of environmental protection applicable to all human activities 

 in Antarctica. 



The Protocol is intended to replace existing recommendations under the Treaty 

 addressing the protection of the Antarctic envaronment. including the Agreed Meas- 

 ures for the Conservation of Antarctic Fauna and Flora. It does not affect other 

 agreements on the Antarctic to which the United States is a party, such as the Con- 

 vention on the Conserv'ation of Antarctic Marine Living Resources and the Conven- 

 tion on the Conservation of Antarctic Seals. 



The Protocol prohibits all activities relating to mdneral resources in Antarctica, ex- 

 cept for scientific research, and provides that this ban may not be reviewed until 

 at least 50 years following entrj' into force of the Protocol . 



General proWsions in the Protocol obUgate Parties to follow environmental impact 

 assessment procedures for proposed activities, both governmental and private, in 

 Antarctica. In addition. Parties must provide for prompt and effective response to 

 environmental emergencies, including development of joint contingency plans. 



Detailed mandatory rules for environmental protection are incorporated in a sys- 

 tem of annexes, which form an integral part of the Protocol. Four specific annexes 

 were adopted for ratification with the Protocol itself: 



• Annex I on environmental impact assessment sets forth a scheme for prior assess- 



ment of the environmental impact of proposed governmental and private activi- 

 ties in Antarctica. 



• Annex II on conservation of Antarctic fauna and flora strengthens and updates the 



native fauna and flora protection system developed under the Agreed Measures 

 for the Conservation of Antarctic Fauna and Flora adopted under the Antarctic 

 Treaty in 1964. 



• Annex III on wsiste disposal and waste management sets forth detailed require- 



ments governing the generation, management and disposal of wastes in the 

 Antarctic Treatv' area. 



• Annex IV on the prevention of marine pollution sets forth strict controls on the 



discharge of pollution from ships in Antarctica. 



As I mentioned earher, an annex on area protection and management, designed 

 as a fifth annex to the Protocol, was adopted on October 17, 1991 at the Sixteenth 

 Antarctic Treaty Consultative Meeting in Bonn. Annex V is designed to simpUfv', im- 

 prove and extend the system of protected areas that has evolved within the Ant- 

 arctic Treatj' sj'stem. This annex also received Senate advice and consent to ratifica- 

 tion along with the Protocol and the other four annexes. 



The Protocol incorporates provisions to ensure effective compUance with its re- 

 quirements, including compulsorv* and binding procedures for settlement of disputes. 

 It also establishes a Committee for Environmental Protection to provide advice and 

 recommendations to the Antarctic Treaty Consultative Meetings on the implementa- 

 tion of the Protocol. 



The Protocol will enter into force 30 days following the date on which all 26 Ant- 

 arctic Treaty Consultative Parties have deposited their instruments of ratification, 

 acceptance, approval or accession. To date, 20 Consultative Parties have deposited 

 such instruments. 



As noted earher. the United States signed the Protocol upon its adoption, in Octo- 

 ber, 1991. The Senate gave its advice and consent to ratification of the Protocol in 

 October, 1992. Enactment of implementing legislation to provide full legislative au- 

 thority to implement its provisions is all that remains for the United States to de- 

 posit its instrument of ratification. 



Enactment of H.R. 3060 would not only permit the United States to become a 

 Partv' to the Protocol. In our view, it would also provide impetus for the remaining 

 ratifications necessarv' to bring the Protocol into force. 



H.R. 3060 represents a concise and clear approach to implementing the Protocol. 

 It builds upon existing laws to provide the authority necessary to give full effect to 

 all of the Protocol's Provisions. 



