U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–118 

" ! SENATE 

111TH CONGRESS

1st Session 

TREATY DOC. 

2009

111–2 

ANNEX VI TO THE PROTOCOL ON ENVIRONMENTAL 

PROTECTION TO THE ANTARCTIC TREATY 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

ANNEX VI ON LIABILITY ARISING FROM ENVIRONMENTAL EMERGENCIES TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION 

TO THE ANTARCTIC TREATY (ANNEX VI), ADOPTED ON JUNE 14, 

2005 

APRIL 2, 2009.—Treaty was read the first time, and together with the 

accompanying papers, referred to the Committee on Foreign Relations 

and ordered to be printed for the use of the Senate 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, April 2, 2009. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith Annex VI on Liability Arising 

From Environmental Emergencies to the Protocol on Environmental Protection to the Antarctic Treaty (Annex VI), adopted on 

June 14, 2005, at the twenty-eighth Antarctic Treaty Consultative 

Meeting held in Stockholm, Sweden. I also transmit for the information of the Senate the report of the Department of State, which 

includes an Overview of Annex VI. 

The Protocol on Environmental Protection to the Antarctic Treaty (the ‘‘Protocol’’) together with its Annexes I–IV, adopted at Madrid on October 4, 1991, and Annex V to the Protocol, adopted at 

Bonn on October 17, 1991, received the advice and consent of the 

Senate to ratification on October 7, 1992, and entered into force for 

the United States on January 14, 1998, and May 24, 2002, respectively. 

In Article 16 of the Protocol, the Parties undertook to elaborate, 

in one or more Annexes, rules and procedures relating to liability 

for damage arising from activities taking place in the Antarctic 

Treaty area and covered by the Protocol. Annex VI sets forth rules 

and procedures relating to liability arising from the failure of operators in the Antarctic to respond to environmental emergencies. 

I believe Annex VI to be fully in the U.S. interest. Its provisions 

advance the U.S. goals of protecting the environment of Antarctica, 

establishing incentives for Antarctic operators to act responsibly, 

and providing for the reimbursement of costs incurred by the 

United States Government when it responds to environmental 

emergencies caused by others. 

As the report of the Department of State explains, Annex VI will 

require implementing legislation, which will be submitted separately to the Congress for its consideration. 

I recommend that the Senate give early and favorable consideration to Annex VI and give its advice and consent to ratification. 

BARACK OBAMA. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, 

Washington, March 13, 2009. 

The PRESIDENT, 

The White House. 

DEAR MR. PRESIDENT: I have the honor to submit to you Annex 

VI on Liability Arising From Environmental Emergencies to the 

Protocol on Environmental Protection to the Antarctic Treaty 

(‘‘Annex VI’’), adopted on June 14, 2005, at the twenty-eighth Antarctic Treaty Consultative Meeting held in Stockholm, Sweden. I 

recommend Annex VI be transmitted to the Senate for its advice 

and consent to ratification. 

Pursuant to Annex VI, which has not yet entered into force for 

any State, the Parties agree to require their operators to take preventative measures and establish contingency plans for preventing 

and responding to environmental emergencies in the Antarctic 

Treaty area and to take prompt and effective response action to 

such emergencies arising from their activities. Annex VI also sets 

forth provisions relating to liability arising from the failure of operators in the Antarctic to respond to environmental emergencies. An 

Overview with a detailed article-by-article analysis of Annex VI is 

enclosed with this report. 

Annex VI is not self-executing. Annex VI will require implementing legislation, which will be submitted shortly to Congress for 

its consideration. All interested departments and agencies join the 

Department of State in recommending that Annex VI be transmitted to the Senate as soon as possible for its advice and consent 

to ratification. 

Respectfully submitted, 

HILLARY RODHAM CLINTON. 

Enclosures. 


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