The Protocol on Environmental Protection to the Antarctic Treaty, also called the Madrid Protocol, is an additional agreement to the Antarctic Treaty. It was signed in Madrid on October 4, 1991, and became effective on January 14, 1998.

The Madrid Protocol sets aside Antarctica as a "natural reserve, devoted to peace and science" (Article 2). It supports and strengthens the Antarctic Treaty by improving the protection of the Antarctic environment and the ecosystems that rely on or are connected to Antarctica.

Signatories

As of 2024, the original 26 countries that signed the Madrid Protocol have been joined by 16 additional countries. In total, 42 countries have signed the agreement. Of these, 29 are Consultative Parties to the Antarctic Treaty, and 13 are Non-Consultative Parties (see Appendix 1).

Main provisions

The Protocol includes a preamble, a main section with 27 articles, an appendix about Arbitration (which adds 13 more articles), and six annexes. The last annex has not yet started being used.

The preamble of the Protocol explains that the countries involved in the Antarctic Treaty want to create a complete system to protect the Antarctic environment and the ecosystems that depend on it, for the benefit of all people.

The main section of the Protocol includes these important rules:

• Article 2: The countries agree to fully protect the Antarctic environment and its ecosystems. They also declare Antarctica as a natural reserve that is dedicated to peace and scientific research.
• Article 3 explains the environmental rules that guide the Protocol. These rules emphasize protecting Antarctica’s natural and scientific value, especially by carefully planning activities to avoid or reduce harm to the environment.
• Article 7 forbids any activities related to mining, except for scientific research.
• Article 8 requires that before starting any activity in Antarctica, an assessment must be done to understand how it might affect the environment or ecosystems.
• Articles 11 and 12 create the Committee for Environmental Protection. This group provides advice and makes recommendations to the countries about how to follow the Protocol.
• Article 14 highlights the importance of inspections (as described in Article VII of the Antarctic Treaty) to help protect the environment and ensure the Protocol is followed.
• Article 15 requires that each country agrees to take quick and effective action to deal with environmental emergencies in the Antarctic area that could happen during scientific research, tourism, or other activities.

Annexes to the Protocol

The Protocol includes six annexes with rules to protect the Antarctic environment. Article 9 allows changes to the annexes or the addition of new ones, ensuring the rules can be updated as needed.

• 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 became official on January 14, 1998, after all Consultative Parties to the Antarctic Treaty agreed to them. Annex V was created later and became official on May 24, 2002. Annex VI was agreed to at the XXVI Antarctic Treaty Consultative Meeting in Stockholm in 2005 but has not yet become official because not all Consultative Parties have approved it. As of 2024, 20 of the 29 Consultative Parties have approved it. In 2009, changes to Annex II were approved.

Annex I requires that all activities in the Antarctic Treaty area must be studied first to predict how they might affect the environment. This study, called an environmental impact assessment, helps decision-makers understand the environmental effects of planned activities. It also helps create plans to reduce or fix any harm caused.

Annex II aims to protect Antarctic animals and plants. It bans harming or disturbing native species or introducing non-native species to Antarctica, except with a permit from an Antarctic Treaty Party. Taking an Antarctic species includes killing, capturing, or removing plants or animals in ways that could harm their populations. Harmful interference can occur through activities like flying aircraft near wildlife, using vehicles or boats near animals, or damaging plants by stepping on them. Annex II also prohibits introducing non-native species, which could harm native species by competing for food, spreading disease, or changing habitats. Only certain species, like plants for research or controlled experiments, are allowed with a permit. Annex II also allows some species to be designated as Specially Protected Antarctic Species if their survival is at risk.

Annex III outlines rules for managing waste in Antarctica. It requires planning, classifying, storing, transporting, and properly disposing of all waste generated south of 60°S. It bans burning waste in open areas or dumping it in freshwater systems. Waste should be reduced as much as possible to protect the environment. Three methods are allowed for waste disposal: removing waste from Antarctica, controlled burning of biodegradable waste, and disposing of treated sewage and liquid waste in the sea under specific conditions. Waste is grouped into five categories for tracking and study: sewage, chemicals, waste to be burned, other solid waste, and radioactive material. Each country must create and update waste management plans for bases, camps, and ships.

Annex IV prevents pollution from ships in the Antarctic Treaty area. It follows international rules called MARPOL 73/78, which made Antarctic waters a Special Zone with stricter rules. It bans dumping oil, chemicals, plastics, or untreated sewage into the sea. Ships must carry tanks to store waste before entering the Antarctic area.

Annex V creates protected areas in Antarctica, including Antarctic Specially Protected Areas (ASPAs), Antarctic Specially Managed Areas (ASMAs), and Historic Sites.

Background of the Protocol

The protection of the Antarctic environment was not a main goal when the Antarctic Treaty was created. The main purpose of the treaty was to ensure peace and allow scientific research to happen freely. However, some rules in the treaty, especially those that ban nuclear activities, are important for protecting the environment. After the treaty started in 1961, many rules were added to help protect Antarctica’s environment. These rules were based on Article IX of the treaty, which focuses on preserving and conserving living resources in Antarctica. Other rules were added through separate agreements that address issues like protecting plants and animals, creating protected areas, and managing waste and fuel.

The Madrid Protocol was created by the countries that signed the Antarctic Treaty between 1989 and 1991. This happened after these countries failed to agree on a rule about mining in Antarctica, called the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA). The Madrid Protocol included many environmental rules that had been discussed in meetings of the Antarctic Treaty Consultative Meetings (ATCMs) since the treaty was signed. These included rules from the 1964 Agreed Measures on the Conservation of Antarctic Fauna and Flora. It also used ideas from the CRAMRA talks, such as rules for handling emergencies, and work done by groups like the Scientific Committee on Antarctic Research (SCAR) and the International Maritime Organization (IMO) on managing waste and preventing ocean pollution.

The Madrid Protocol was the final step in creating strong environmental rules for Antarctica. It combined many years of work into one complete agreement. The Protocol added new rules to protect the environment, such as limiting human activities and creating a system to address new issues through extra sections. With the Madrid Protocol, protecting the Antarctic environment became the third main goal of the Antarctic Treaty, along with keeping Antarctica peaceful and encouraging international scientific cooperation.

The issue of minerals in the Protocol

Article 7 of the Madrid Protocol clearly stops any activity that involves using Antarctic mineral resources, except for scientific research. This rule against exploring or using these resources is in place forever, but Article 25 of the Protocol allows any Consultative Party to ask for a review of this rule after 50 years from when the Protocol began (in 2048). This rule also applies to Article 7. Specifically, Article 25 says that before changing Article 7, certain conditions must be met. For this reason, some people say the Protocol creates a 50-year pause on exploring or using Antarctic minerals. However, a pause would mean the rules in Article 7 stop automatically, which is not exactly what Article 25 describes.

Campaign

The treaty followed a long effort by Greenpeace to stop the plan to create a convention that would allow mining and building a base in Antarctica from 1987 to 1991. Greenpeace says the agreement was a success.