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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of this law is to protect the environment and the ecosystems that depend on it and the associated ecosystems.
This law shall apply:
1) Finnish citizens;
(2) a Finnish legal person, vessel or aircraft;
(3) a natural person with a habitual residence in Finland; and
(4) a foreign natural person, a legal person, a ship or an aircraft involved in an activity which is authorised under this law. (26.11.2010/1020)
For the purposes of this law:
(1) On the Antarctic 60th Southern parallel region;
(2) By the Protocol The Environmental Protection Protocol of 4 October 1991 in Madrid on the Antarctic Treaty (SopS 31/84);
(3) Activities Research and other journeys, maintenance and transport operations, scientific activities, the construction, modification, dismantling and use of installations and equipment in the Antarctic Activities in the Antarctic;
(4) Harmful harassment of an organism originating in the Antarctic
(a) the use of an aircraft, vessel, vehicle, explosive device or firearm in such a way as to interfere with the birds or seals;
(b) the deliberate disturbance of the birds or birds flocks or seals that are caused by the foot-moving person or of birds or flocks of birds or seals;
(c) significant damage to the presence of indigenous indigenous plants; and
(d) other activities leading to a significant adverse change in the habitat of the species or population of the Antarctic in the Antarctic; (26.11.2010/1020)
(5) Mineral deposits, All non-renewable and non-renewable resources; (26.11.2010/1020)
(6) Environmental accident According to Article VII (5) of the Antarctic Treaty, a prior notification of the scientific research programme, tourism or other activities carried out in the name of the State or from non-governmental activity, Lead or immediately threatens to lead to significant adverse effects on the Antarctic; (26.11.2010/1020)
(7) Operator Any natural or legal person holding the activity in accordance with paragraph 3; (26.11.2010/1020)
(8) Fight against Reasonable efforts to avoid, minimise or spread the effects of an environmental accident; (26.11.2010/1020)
(9) On the ship Watercraft operating in every marine environment, including canine vessels, hovercraft, submersible vessels, floating vessels and fixed or floating platforms; (26.11.2010/1020)
(10) Special drawing rights Special drawing rights as defined by the International Monetary Fund; (26.11.2010/1020)
(11) The tonnage of the ship The gross tonnage of the ship, calculated on the basis of the tonnage measurement rules set out in Annex I to the 1969 International Convention for the Measurement of Shipments (SopS 31/1982). (26.11.2010/1020)
The following activities shall be prohibited in the Antarctic:
1) blowing up a nuclear explosive and the disposal of radioactive waste;
(2) exploration, examination, recovery or other activities of mineral deposits which are not scientific research;
(3) the discharge of oil, oily mixture, hazardous liquid substance, fermented sewage and solid waste into the sea, as provided for in Chapter 6;
(4) damage, transfer or destruction of historic sites or monuments entered in the register in accordance with Annex V to Protocol V; and
(5) the generation of waste.
The Antarctic shall not be introduced:
1) of a species not originating in the Antarctic, with the exception of food, household plants and laboratory organisms;
2) non-sterilised soil from non-continental territory; and
(3) products provided for in the Regulation.
An application for an activity in the Antarctic which is not prohibited under Article 4 and the introduction of invasive alien species referred to in Article 23 shall be subject to authorisation if Article 6 is not otherwise provided.
Authorisation under this law shall not be required:
(1) activities to which the competent authority of the other Contracting Party of the Protocol has issued a valid authorisation;
(2) the movement of the vessel through a sea area included in the Antarctic, if the destination of the vessel is not located in the Antarctic; and
3) The Convention on the Conservation of Antarctic Marine Living Resources (Treaty Series 64/89).
The licensing authority under this law is the Lapland Centre for Business, Transport and the Environment.
In the case of the compensation referred to in Article 35f, the power of speech shall be exercised by the authorising officer.
The licensing authority shall also monitor compliance with this law and the provisions and regulations adopted thereunder.
In the event of a temporary or minor impact on the environment of the Antarctic, an initial environmental impact assessment shall be carried out by the person responsible for the operation.
If, on the basis of an initial environmental impact assessment or otherwise, it may be assumed that the activity may have a temporary or minor effect on the environment in the Antarctic, the person responsible for the operation shall make an environmental impact Overall assessment.
An environmental impact assessment shall be carried out before the authorisation under this law is granted.
The competent authority shall determine the impact of the action and shall draw up an evaluation report.
The drafting of an evaluation report and its content will be further specified by the Regulation.
The licensing authority shall request the opinions required for the assessment report or its draft. Where appropriate, the licensing authority may request a statement of assessment or its draft opinion from foreign authorities and experts.
The authorising authority shall afford the meeting referred to in Article IX of the Agreement on the Antarctic and the other Parties to the Protocol the possibility to comment on the assessment report on the overall environmental impact assessment or its The draft.
The authorising authority shall afford natural persons and entities and foundations whose main purpose is to promote the protection of the environment by their rules, the opportunity to give their opinion on an assessment report or The draft.
The licensing authority shall keep an assessment report attached to the application for authorisation or its draft for a period of at least 90 days from the date on which it has been received and shall provide an opportunity to comment. (26.11.2010/1020)
The provisions of paragraph 1 shall also apply to evaluation reports or to the drafts submitted by the other Contracting Parties to the Protocol for information.
Applications for authorisation shall be accompanied by:
(1) a report on measures to prevent environmental accidents and to maintain preparedness;
(2) the prevention plan and the contingency plan referred to in Article 35a;
(3) an explanation of the insurance or other financial guarantee referred to in Article 35a;
(4) the assessment report referred to in Article 11, or its draft; and
(5) a report on other aspects of the activities relevant to the authorisation process, as specified by the Government Decree.
The licensing authority shall request the necessary opinions to settle the matter. Where appropriate, the licensing authority may also request an opinion from foreign authorities and experts.
Authorisation for the activities referred to in this Act shall be granted subject to the following:
(1) adverse effects on climate or climatic conditions;
(2) significant adverse effects on air or water quality;
(3) significant changes in the atmosphere, land, water, ice or marine environment;
(4) adverse changes in the distribution, abundance or productivity of species of organisms or their populations;
(5) the risk to endangered species or their populations;
(6) deterioration in the status of sites of biological, scientific, historical, aesthetic or integrity; or
(7) other aspects of the development of the environment and related and related ecosystems in the Antarctic.
Where the operation requires an overall environmental impact assessment, the operation shall not be authorised until the meeting referred to in Article 12 (2) has had the opportunity to deal with the assessment report attached to the application for authorisation or its draft As provided for by the Regulation.
However, authorisation may be granted if the meeting referred to in Article 12 (2) is not held within 15 months of notification of the assessment report to the Committee referred to in Article 11 of the Protocol.
The authorisation decision shall lay down the provisions necessary for the protection of the environment in the Antarctic. The authorisation decision shall specify the authorised operation and the date, place and promoter of the authorisation. The promise shall be accompanied by the necessary provisions:
(1) the assessment and notification of the exceptional situation;
(2) measures to combat the effects of the environmental accident and its exercises;
(3) a preventive plan, a contingency plan and other arrangements in accordance with Article 35a;
(4) statistical reporting and reporting of exceptional situations;
(5) the operator's insurance or other financial guarantees;
(6) the exchange of information and cooperation with a view to combating the harmful effects of environmental accidents;
7) precautionary measures to prevent the accidental introduction of micro-organisms in the Antarctic.
(26.11.2010/1020)The authorisation decision shall indicate how the environmental impact assessment in accordance with Chapter 2 has been taken into account in the authorisation process.
The authorisation decision shall be issued after a statement of reasons, when it is deemed to have been brought to the attention of the party when it has been issued. The decision shall be sent to the applicant and communicated to the issuing authorities.
The authorisation decision and the related documents shall be lodged by the licensing authority at least 60 days before the commencement of the measure in the Antarctic. (26.11.2010/1020)
Legal authorisation decisions and related documents shall be communicated to the other Contracting Parties to the Protocol.
The provisions of paragraph 1 shall also apply to the decisions of the other Contracting Parties to Finland for information and related documents.
The authorisation decision, or its provision, may be amended or revoked after the authorisation has been granted, upon application by the holder of the authorisation or ex officio.
The authorising authority may, on its own motion, amend the authorisation decision if: (26.11.2010/1020)
(1) the circumstances have substantially changed since the authorisation was granted;
(2) the criteria for the granting of authorisation and the setting of the provisions of the permit are found to have been otherwise substantially different from that of the authorisation; or
(3) it is necessary to implement adequately the provisions of Finland's international obligations.
The authorising authority may, on its own motion, withdraw the authorisation if: (26.11.2010/1020)
(1) the applicant has provided incorrect information which has materially influenced the conditions of the authorisation; or
(2) the provisions of the permit have been infringed in such a way as to constitute an essential hazard to human health or to the environment of the Antarctic.
An authorisation shall be granted for the harmful interference of an organism originating in the Antarctic and for the purpose of harming, harming, trapping, processing or disposing of a mammal or bird originating in the Antarctic.
The measure referred to in paragraph 1 may be granted if the question is:
(1) the use of specimens for scientific activities;
(2) the acquisition of specimens of specimens in a museum, a botanical garden or another similar establishment or use; (26.11.2010/1020)
(3) the acquisition of specimens of specimens in a zoo; authorisation of a mammal or bird of origin may be granted only if it is not available from existing labels, or where there is an urgent need for protection; or (26.11.2010/1020)
(4) any other scientific measure, the construction or operation of equipment necessary for the construction or operation of such a measure.
Before granting an authorisation, the licensing authority shall ensure that: (26.11.2010/1020)
(1) For mammals, birds, invertebrates or plants in the Antarctic, no more than is strictly necessary for the purpose provided for in paragraph 2; (26.11.2010/1020)
2) only small amounts of mammals or birds of origin in the Antarctic region are killed and no mammals or birds of origin are killed from local communities, more than normal during one reproductive period. Breeding may be replaced by taking into account the possibility of taking other measures;
(3) the diversity of species and the habitats necessary for their existence and the stability of ecosystems in the Antarctic; and
(4) Killing, harming, trapping, processing or levelling of mammals or birds originating in the Antarctic in the Antarctic shall be carried out in a manner that gives the animal as little pain and suffering as possible.
The species of organisms originating in the Antarctic, as originating in the Antarctic, may be laid down in particular as a conservation species.
Authorisation shall be granted, in particular for the purpose of damage, capture, processing or disposing of an organism belonging to a protected species, if the measure:
1) is necessary for the purpose of scientific purposes;
(2) does not endanger the survival or recovery of that species or local population; and
3) shall be done in a manner that causes the animal as little pain and suffering as possible.
Authorisation, in particular, for the killing of an organism belonging to a protected species may be granted under the conditions laid down in paragraph 2, where the use of non-lethal techniques is not possible. (26.11.2010/1020)
The controlled use of crops and their reproductive parts may be authorised. The authorisation may also be used for controlled experimental use of species.
The authorisation shall include:
(1) identify the types of products and, where possible, the number of individuals imported and, where appropriate, the age, sex and justification justification; and
(2) provide for precautionary measures to be taken in order to prevent or avoid contact with the flora or fauna of flora or fauna.
Paragraph 1 shall not apply to the importation of food into the Antarctic, provided that the food is kept and processed under controlled conditions and the poultry and other bird products are examined in advance to prevent the spread of diseases.
The authorisation period should take the necessary steps to avoid harmful consequences for the original biota.
Before the expiry of the authorisation, the authorisation holder shall be obliged to remove any poultry or other poultry or other bird product referred to in Article 23 (3) that has not been used, out of the Antarctic, or To dispose of it by incineration or by other equally effective means.
Any person shall be obliged to discard without delay by burning or otherwise in an equally effective manner the territory of the Antarctic without the authorisation of the imported organism and its descendants, which may pose a risk to an organism of origin in the Antarctic, Or to transfer the risk of a dangerous organism from the Antarctic unless the transfer or disposal would lead to an increased environmental impact.
A permit to act in the area designated as a special protection area in accordance with Annex V to Protocol V may be granted only if the activity meets the management plan set out in Annex V to the Protocol. Requirements.
The licensing authority shall: (26.11.2010/1020)
(1) attach appropriate elements of the management plan for the area;
(2) specify the extent and location of the area; and
(3) specify the authorised measures, date, place and holder of the authorisation.
Where there is no management plan in the area designated as a special protection area, the authorisation may be granted provided that the operation is carried out for the purpose of the necessary scientific purpose and cannot be achieved by carrying out the operation elsewhere. However, authorisation shall not be granted if the measure endangers the functioning or preservation of the natural ecosystem of the area.
The licensing authority shall keep a register of the special protection and management areas of the Antarctic, as well as historical sites and monuments. (26.11.2010/1020)
In all areas of the Antarctic, care must be taken to minimise the generation of waste and to avoid any risk to health, the environment or scientific activity.
The producer or the holder of the waste shall move away from the Antarctic or dispose of, use or process waste produced or controlled in the Antarctic, and organise the planning and implementation of waste management in accordance with Provides for the provisions of the Regulation and the waste management plans adopted pursuant to Article 28.
The licensing authority shall approve a waste management plan for a fixed base, a fixed site and a permanent field camp. (26.11.2010/1020)
The licensing authority shall review and, if necessary, update the plan annually. The content of the waste management plan is laid down by a Council regulation. (26.11.2010/1020)
Paragraph 1 shall apply mutatis mutandis to vessels with a destination in the Antarctic.
Waste from the Antarctic must be returned to Finland.
The regulation can provide more specific provisions for the transfer of waste to another country.
The authorising authority may lay down general provisions on limit values and technical requirements for the equipment to be used for the incineration of waste in the Antarctic and the other treatment of the waste.
For the purpose of preventing pollution from ships in the Antarctic, the Maritime Environmental Protection Act applies (1672/2009) And the provisions adopted pursuant thereto, unless otherwise provided for in this Chapter.
In the Antarctic, it is prohibited to enter the sea:
(1) dangerous liquid substances; and
(2) chemical or other liquid substances which, because of their quantity or content, are harmful to the marine environment.
The discharge of solid waste and sewage from the ship into the sea in the Antarctic shall be prohibited as provided for by the Regulation.
Before the authorisation is granted, the licensing authority shall ensure that the foreign ship referred to in Article 2 (1) (4) contains sufficient containers for the storage of the following wastes and substances: (26.11.2010/1020)
1) oil slurry, oily ballast water, washings of containers and other oil wastes or oily mixtures;
(2) solid wastes; and
3) hazardous liquid substances.
The wastes and substances referred to in paragraph 1 shall be emptied to reception facilities located outside the Antarctic.
The Regulation may provide for more detailed provisions on the logbooks on the discharge of solid waste and sewage into the sea, or on the labelling of the logbook.
The operator shall take the necessary measures to prevent the occurrence of environmental accidents and their harmful effects. The operations and means of transport must be equipped and used in such a way that the operation is carried out safely and does not lead to any adverse environmental effects. The measures must be coordinated with other countries in the Antarctic. The personnel involved shall be trained in the proper operation and operation of the equipment in exceptional circumstances. The operator shall establish a plan to combat environmental accidents and their effects.
The operator shall also prepare a contingency plan for other exceptional situations. The plan shall indicate the measures necessary to safeguard the health and safety of the persons concerned. The plan should also include a description of the search, rescue and evacuation measures for accidents. The operator may agree with other operators that the operator makes use of the arrangements maintained by other operators under this paragraph.
The operator shall notify, without delay, environmental accidents and other exceptional situations to the authority provided for by the Government Decree.
In view of the nature and extent of the activity, the operator must have sufficient insurance or other acceptable financial security to cover the financial liability referred to in Article 35c (1) until the limits set by Article 35e. In addition, the operator must maintain the quality and extent of the activity, taking into account adequate insurance or other arrangements covering all costs related to the search, rescue, medical treatment and evacuation. The obligation to maintain insurance, insurance or any other arrangement does not apply to operators acting on behalf of the State.
The operator shall take swift and effective action to combat the effects of the environmental accident arising from its activities.
The operator may, on the authority of the licensing authority, also take action to prevent the effects of an environmental accident arising from another activity, in the event of an immediate threat of a significant and harmful effect. The Antarctic environment.
An operator who fails to fulfil an obligation under Article 35b (1) shall be responsible for reimburse the costs of the control measures to the contractor, irrespective of his or her fault.
If the operator has failed to fulfil an obligation under Article 35b (1) and no one of the parties to the Protocol has taken action to combat it, the operator shall, irrespective of his or her negligence, pay: A sum equivalent to the estimated control measures for the State Treasury.
When the environmental accident is caused by two or more operators, they shall be jointly and severally liable for the damage. The operator, which shows that only a part of the environmental disaster is attributable to its operation, shall be responsible only for this contribution.
When a fund referred to in Article 12 of the Annex to the Protocol on environmental liability has been established, the amount referred to in paragraph 2 shall be transferred from the notification to the Fund.
The operator shall not bear the costs referred to in Article 35c if the environmental accident is caused by:
(1) any act or omission necessary to protect human life or security;
(2) in the context of the Antarctic, an exceptional natural disaster which could not reasonably be foreseen, provided that the operator has fulfilled its obligations under Article 35a;
(3) terrorism; or
(4) an unjustified attack on the operator.
The authority authorised by the licensing authority under Article 35b (2) shall not be responsible for the environmental disaster caused by the measures necessary to combat the effects of the other environmental accident.
The operator's financial liability shall be limited to three million special drawing rights. The maximum amount shall be calculated separately for each operator and for the environmental accident.
If the ship has been involved in the event giving rise to an environmental accident, the maximum amount of responsibility shall be determined as follows:
1) a vessel of less than 2 000 tonnes of special drawing rights;
(2) the amount of the exposure in accordance with paragraph 1 of a vessel of more than 2 000 tonnes, plus the following:
(a) for each tonne above 2 000 tonnes, 400 special drawing rights up to 30 000 tonnes;
(b) for each tonne exceeding 30 000 tonnes, 300 special drawing rights up to 70 000 tonnes;
(c) for each tonne exceeding 70 000 tonnes, 200 special drawing rights.
Notwithstanding the provisions of paragraph 2, the operator may limit its liability in accordance with any other international liability restriction agreement provided that such restrictions are at least as high as those provided for in paragraph 2.
The limitation of liability referred to in paragraphs 1 to 3 shall not apply where the operator has acted intentionally or negligently. Operators operating on behalf of a State shall benefit from the derogation from the liability limits laid down in Article 9 (2) of the Annex to the Protocol on environmental liability.
If the contracting party to the Protocol, which has taken action against the operator and the control measures, does not agree to replace the control measures, the Contracting Party of the Protocol may refer the matter to the administrative court of Vaasa as to: Administrative law; Article 69 of the ec Treaty Provides. The case shall be instituted within three years of the initiation of the control measures or of the fact that the contractor has been informed or should have been aware of the operator's identity, whichever is the The dates are later. The application shall be inadmissible if at least 15 years have elapsed since the start of the control measures.
Where the operator and the licensing authority do not meet the subject referred to in Article 35c (2), the licensing authority shall initiate the compensation procedure as provided for in paragraph 1 of this Article. The case shall be instituted within 15 years after the licensing authority has been informed of the environmental accident.
Operators who act on behalf of the State are not subject to the provisions of the substitution management procedure.
This law and the provisions adopted pursuant thereto shall not apply in the event of an emergency, such as the imminent threat of human life or health or the imminent destruction of vessels, aircraft or valuable equipment, or Damaged and where the non-compliance of this law or of any provisions or provisions adopted pursuant to it appears to be the only viable means of combating the threat, or where the resulting injury would be the smallest possible.
In the event of an emergency, action must be taken to minimise the negative impact on the Antarctic environment.
The emergency situation referred to in paragraph 1 shall be notified without delay to the contact authority. The Authority shall be governed by a State Council Regulation. (26.11.2010/1020)
The contact point shall, in accordance with the provisions of the Protocol, provide information to all other Contracting Parties to the Protocol and to the Committee referred to in Article 11 of the Protocol. (26.11.2010/1020)
Environmental accidents and other exceptional situations are laid down in Chapter 6a. (26.11.2010/1020)
By virtue of this law, the licensing authority shall decide to appeal to the decision on the waste management plan referred to in Article 28 and to appeal to the administrative court of Vaasa as provided for in the Administrative Law. An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 10/03/2015 Article 37 shall enter into force on 1 January 2016. The previous wording reads:
By virtue of this law, the licensing authority shall decide to amend the decision on the permit and the decision on the waste management plan referred to in Article 28, by appeal to the administrative court of Vaasa, as provided for by the Administrative Law.
The penalty for blowing up a nuclear explosive device, contrary to the prohibition referred to in Article 4 (1) (1), is punishable under criminal law. (39/1889) Article 34 (6) . The penalty for the deterioration of the environment referred to in Article 4 (1) (1) and Articles 32 or 33 of this Act shall be imposed. Chapter 48 of the Criminal Code § 1 to 4. The penalty for combating the prohibition referred to in Article 4 (1) (2) of this Law for mineral deposits in the Antarctic Article 48a (3a) of the Penal Code .
§ 39 has been repealed by L 26.11.2010/1020 .
Every deliberate or gross negligence
(1) infringes the prohibition referred to in Article 4 (1) (5) or (2);
(2) fails to comply with Articles 5, 24, 26 or 27, Article 34 (2), Article 35, Article 35a (3), or any provision or provision referred to in the provision under those provisions; or (26.11.2010/1020)
(3) implement Article 29 of the Waste Shipment
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the protection of Antarctica Fine.
The protection of Antarctica is subject to Finnish law, despite the fact that Article 6 of Chapter 1 of the Criminal Code (1) provides for.
In the case referred to in Articles 38 and 40 of this Law, the competent court is the Helsinki District Court.
§ 42 has been repealed by L 26.11.2010/1020 .
The Ministry of the Environment shall monitor compliance with this law and the provisions and regulations adopted thereunder.
A fee shall be charged for the processing of an authorisation under this law, the amount of which shall be determined in accordance with the provisions of the State contribution law (99/92) Provides.
This Act shall enter into force at the time laid down by the Regulation.
This Act shall not apply to activities prior to its entry into force.
Before the law enters into force, measures may be taken to implement it.
THEY 101/1996 , YmVM 5/1996, EV 116/1996This Act shall enter into force on 1 January 2010.
Before the law enters into force, measures may be taken to implement the law.
THEY 248/2009 , LiVM 33/2009, EV 249/2009
This Act shall enter into force on 1 January 2011.
THEY 56/2010 , YmVM 8/2010, EV 138/2010
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
