[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.

    
    
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