Annex VI to the Protocol on Environmental Protection to the Antarctic TreatySenate Consideration of Treaty Document 111-2
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[Senate Treaty Document 111-2] [From the U.S. Government Publishing Office] 111th Congress 1st Session SENATE Treaty Doc. 111-2 _______________________________________________________________________ ANNEX VI TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY __________ MESSAGE from THEPRESIDENTOFTHEUNITEDSTATES 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 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. 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.