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Law on the implementation of the Environmental Protocol of 4. October 1991 to the Antarctic Treaty

Original Language Title: Gesetz zur Ausführung des Umweltschutzprotokolls vom 4. Oktober 1991 zum Antarktis-Vertrag

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Law on the implementation of the Environmental Protocol of 4. October 1991 to the Antarctic Treaty (Environmental Protection Protocol Implementing Act)

Unofficial table of contents

AntarktUmwSchProtAG

Date of completion: 22.09.1994

Full quote:

" Environmental Protection Protocol Implementing Act of 22 September 1994 (BGBl. 2593), as last amended by Article 2 (41). Article 4 (26) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status: Last amended by Art. 2 (41) and Art. 4 (26) G v. 7.8.2013 I 3154
§ 5 (7) and 6 (5) of this G are in accordance with. Section 42 (1), first sentence, entered into force on 1 October 1994 *. Otherwise, the G is gem. § 42 para. 1 sentence 2 iVm Bek. v. 10.2.1998 II 299 mWv 14.1.1998 entered into force *.

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1994 + + +) Unofficial table of contents

§ 1 Objective of the Act

The aims of this law are the comprehensive protection of the Antarctic environment and dependent and connected ecosystems, as well as the preservation of the Antarctic as a nature reserve devoted to peace and science. Unofficial table of contents

§ 2 Definitions, commandments and prohibitions

(1) For the purposes of this Act:
1.
Antarctica: area south of 60 degrees of southern latitude;
2.
Activities: expeditions, trips, supply trips and flights, inspections and other activities in or in the Antarctic, as well as the construction, conversion, dismantling or operation of scientific stations and other facilities and facilities, which are located in the The Federal Republic of Germany shall be organised or run from its territory. The concept of activity shall include any change in an activity;
3.
Environmental impact assessment: the preliminary assessment of the environmental impact of Article 2 of Annex I of the Environmental Protocol to the Antarctic Treaty;
4.
Environmental impact assessment: the comprehensive assessment of the environmental impact referred to in Article 3 of Annex I of the Environmental Protocol to the Antarctic Treaty;
5.
Waste: movable property, whether or not liquid and gaseous, which the owner wishes to dispose of, or the orderly disposal of which is required for the protection of the general public, in particular the protection of the environment, or radioactive waste, and Constructed or degraded radioactive plant components, which are to be eliminated in order in accordance with Section 9a (1) No. 2 of the Atomic Energy Act.
(2) The bids and prohibitions referred to in § § 17, 18, 20 to 24, 26, 29, 32 and 34 and in legal regulations pursuant to § 5 (7) shall apply to participants in an activity referred to in paragraph 1 (2) and to natural persons residing or having a habitual residence in the territory of the Federal Republic of Germany Unofficial table of contents

§ 3 General approval requirement

(1) Any activity pursuant to § 2 para. 1 no. 2, which shall be carried out by
1.
German nationals,
2.
other natural persons residing or having a habitual residence in the territory of the Federal Republic of Germany,
3.
legal persons or persons ' associations of persons with a registered office in the territory of the Federal Republic of Germany,
4.
foreign legal persons or non-legal persons ' associations
, a permit shall be required. The Federal Environment Agency (Umweltbundesamt) shall apply for the approval in writing or electronically. Foreign legal persons must designate a person within the meaning of paragraphs 1 to 3, which shall be deemed to be the applicant within the meaning of this Act. In the case of a group of persons who wish to carry out an activity together, the applicant can be granted an authorisation to act as an authorized representative in accordance with § § 14 to 21 of the Administrative Procedure Act. For similar activities carried out on a regular basis in the Antarctic, a permit may be granted for a given period, but not more than one year. (2) No approval under paragraph 1 shall be required:
1.
activities authorised by another Party to the Environmental Protocol to the Antarctic Treaty;
2.
ship movements only for the purpose of passage through the Antarctic, without the objectives being driven in the Antarctic;
3.
Activities directly related to the exploration or use of Antarctic seals under the Law of the Convention of 1 June 1972 on the Conservation of Antarctic Robben (BGBl. 90);
4.
activities directly related to the exploration or exploitation of living marine resources in accordance with the Law of the Convention of 20 May 1980 on the Conservation of Antarctic Marine Living Resources (BGBl). 1982 II p. 420).
(3) The Federal Environment Agency shall be informed of the activities referred to in paragraph 2. (4) The authorisation may only be granted if the activity in the Antarctic is not
1.
adverse effects on climatic or weather conditions,
2.
significant adverse effects on air or water quality,
3.
significant changes in the atmospheric, land, water, glacial or marine environment,
4.
harmful changes in the distribution, frequency or productivity of animal or plant species or their populations,
5.
additional hazards to endangered or threatened species or their populations,
6.
injury or serious risk to the areas of biological, scientific, historical, aesthetic or original nature,
7.
other significant adverse effects on the environment and dependent and related ecosystems
(5) If the activity envisaged acts in accordance with Section 17 (1), § 18 (2) and (4) or § 29 (2) and (3), the authorisation may be granted only if the acts referred to in Article 17 (2), (3) and (4), Article 18 (5) or § 30 (1) and (2) of the present application are prohibited. are met. In this case, the authorisation granted in accordance with § 3 shall also be deemed to be an authorisation in accordance with § § 17, 18 and 29. (6) For waste shipped to the Federal Republic of Germany pursuant to Article 21 (4), the applicant shall have proof of the intended Disposal in accordance with § § 8 and 12 of the Waste and Residual Excess monitoring Ordinance of 3 April 1990 (BGBl. 648) or in accordance with § 9a of the Atomic Energy Act of 23 December 1959, as amended by the Notice of 25 July 1985 (BGBl. I p. 1565). (7) The authorisation may be granted subject to conditions and conditions. It is on a temporary basis. It may be revoked in whole or in part, or subject to conditions, after being granted in consideration of the protection of the beneficiaries of the beneficiary, in so far as it is known that the facts are likely to affect the effect of the activity in accordance with § 3. (8) The Federal Environment Agency (Umweltbundesamt) decides on the granting of the authorisation. It shall seek the opinions of the authorities whose responsibilities shall be affected by the activity prior to the decision. Before the decision is taken, the Alfred Wegener Institute for Polar and Marine Research will be given the opportunity to express its views. Unofficial table of contents

§ 4 General procedure

(1) The applicant must describe the planned activity in detail in order to justify his application for authorisation and at the same time indicate whether it is likely to have an impact on the protection goods referred to in § 3 (4) and which protection products are likely to be is likely to be affected. The indication that the activity will not have any effect on these protective goods shall be justified. (2) Documents containing business or industrial secrets or personal data shall be marked and separated from the applicant . Their content shall, in so far as it may be done without the disclosure of the secrets and protected data, be presented in such detail by the applicant that it is possible to assess whether and to what extent an impairment of the provisions of § 3 Paragraph 4 is to be expected. If the Federal Environment Agency considers the marking of the documents to be unauthorised for business or business secrets, it shall have to hear the applicant before the decision on the interpretation of these documents. (3) The Federal Environment Agency shall assess the application of the documents. existing documents or documents submitted in accordance with paragraph 1, whether the activity
1.
less than minor or temporary effects,
2.
minor or temporary effects,
3.
more than minor or temporary effects
to the protection referred to in Article 3 (4). The Federal Environment Agency shall inform the applicant of its assessment and inform it of the further course of the proceedings. (4) In the case of paragraph 3 (1), the Federal Environment Agency shall grant the authorisation without the implementation of an environmental safety and security policy. Environmental impact assessment within six weeks. (5) In the case referred to in paragraph 3 (2) or (3), the Federal Environment Agency shall inform the applicant of the necessity of an environmental assessment test in accordance with § 7 or an environmental assessment. Environmental impact assessment in accordance with § 8. The Federal Environment Agency is to discuss with the applicant the object, scope and methods of the environmental impact assessment as well as other issues which are important for the implementation of the environmental impact assessment. To this end, other authorities, experts and third parties may be involved. The Federal Environment Agency is to inform the applicant of the likely examination framework of an environmental impact assessment, as well as on the nature and extent of the documents which are likely to be provided. If the Federal Environment Agency has information that is appropriate for the submission of the documents, it should make this information available to the applicant. Unofficial table of contents

§ 5 Prevention of marine pollution

(1) If a ship is used in the course of an activity within the meaning of Article 2 (1) (2), the Federal Environment Agency shall take into account an opinion of the Federal Environment Agency in respect of the risks to the marine environment arising from the shipping of the marine environment. Federal Office for Maritime and Hydrographic Exceptions to this opinion shall be justified. (2) In the course of an activity within the meaning of section 2 (1) (2), a ship is used under a foreign flag, the opinion of the Federal Maritime and Hydrographic Agency shall also include the (3) Paragraphs 1 and 2 apply accordingly in the case of § 14 (2) and § 16. (4) The paragraphs 1 to 3 do not affect:
1.
the Maritime Task Act,
2.
the Seemannsgesetz,
3.
the law on the transport of dangerous goods,
(5) The applicant shall ensure that, within the framework of an activity within the meaning of Article 2 (1) (2), records of all waste and waste water produced during the operation of the ship , including all discharges and discharges into the marine environment, to the extent that such records are not already carried out in the context of the application of the International Convention for the Prevention of Pollution from Ships, 1973, and of the Protocol of 1978 to this Convention. The records shall be submitted to the Federal Maritime and Hydrographic Office upon request. (6) The applicant shall immediately inform the Federal Maritime and Hydrographic Agency of any emergency transfers and discharges in connection with emergencies. of the safety of the ship and of the persons on board, or of the rescue of human life at sea. The Federal Maritime and Hydrographic Office (Bundesamt für Seeschiffahrt und Hydrographie) is forwarding this information to the Federal Environment Agency. The Federal Environment Agency shall inform the Contracting Parties to the Protocol on Environmental Protection and the Committee on the Environment, pursuant to Article 11 of the Protocol on the Protection of the Environment, to the Antarctic Treaty concerning the transfers and discharges carried out in accordance with the provisions of the first sentence. (7) Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Foreign Office and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, for the implementation of Annex IV of the Environmental Protocol to the Antarctic Treaty by legal regulation
1.
adopt rules on the discharge of harmful liquid substances or other chemical or other substances in accordance with Article 4 of Annex IV of the Environmental Protocol to the Antarctic Treaty,
2.
To adopt rules on the introduction of waste under Article 5 of Annex IV to the Protocol on the Protection of the Antarctic,
3.
Provisions concerning discharge of waste water pursuant to Article 6 of Annex IV of the Environmental Protocol to the Antarctic Treaty shall be adopted.
(8) contrary to the provisions of the 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 to this Convention, including those laid down in the Regulation referred to in Article 2 (1) of the Convention on the Prevention of Pollution from Ships Law of 23 December 1981 on the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol to the Convention (BGBl I). 2), may be punished in the case of a member of the group of persons referred to in Article 2 (2) even if it is committed on or by a ship which is not entitled to carry the flag of the Federal Republic. (9) The Federal Office of Maritime Transport and Hydrography is responsible for monitoring the regulations of Annex IV of the Environmental Protocol to the Antarctic Treaty. The Federal Environment Agency is to be informed of the measures initiated. (10) stricter rules under the Act of 23 December 1981 on the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocol of 1978 to this Convention (BGBl. 2) and the Law on the Convention of 15 February 1972 and 29 December 1972 on the prevention of marine pollution caused by the dumping of waste by ships and aircraft (BGBl. 165) on the protection of the marine environment shall apply. Unofficial table of contents

§ 6 Research activities

(1) Activities of scientific research in Antarctica and its implementation or preparation activities, which only provide for less than minor or temporary effects pursuant to Article 4 (3) (1), are: by way of derogation from § 3 (1), the Federal Environment Agency (Umweltbundesamt) in writing or electronically no later than 3 months before the The advertisement shall indicate that the activity will have only a minor or temporary effect on the protection goods of Section 3 (4). § 4 (1) applies accordingly. (2) § 4 (4) shall apply mutagenic to the examination that the activity indicated can only be used as a minor or temporary effect on the protective goods referred to in § 3 paragraph 4. If the Federal Environment Agency does not express its opinion within six weeks of receipt of the notification, this shall be deemed to be an authorisation. (3) Activities of scientific research in Antarctica and its implementation or preparation activities, which shall: Minor or temporary effects according to § 4 para. 3 no. 2 or more than minor or temporary effects according to § 4 para. 3 no. 3, are subject to the permit obligation pursuant to § 3 para. 1 of this law. If the Federal Environment Agency finds that an activity indicated in accordance with paragraph 1 meets the requirements of § 4 (3) (2) or (3), the advertisement shall be deemed to be an application for the approval pursuant to § 3 (1). (4) If an activity of the scientific The Federal Environment Agency shall take into account the assessment of the activity by a Commission of independent research, or of an activity which serves to carry out or prepare for it, which fulfils the conditions set out in § 4 (3) (2) or (3). Scientific expert, the Federal Foreign Office, the Federal Ministry for the Environment, Conservation and Nuclear Safety and the Federal Ministry of Education and Research are jointly appointed. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to do so by agreement with the Federal Foreign Office and the Federal Ministry of Education and Research (BMBF). Legal Regulation The composition, appeal and procedures of the Commission. Unofficial table of contents

Section 7 Approval procedure with environmental impact assessment

(1) Activities which are likely to have at least minor or temporary effects shall be subject to an environmental impact assessment, unless the Federal Environment Agency, on the basis of its assessment pursuant to Article 4 (3) sentence 1, has a Environmental impact assessment is considered necessary. To this end, the applicant shall submit a dossier containing the following information:
1.
a description of the intended activity, including its purpose, location and probable area of impact, duration and intensity, and
2.
a description of alternatives to the intended activity and of all the likely effects of the intended activity, including cumulative effects, with regard to ongoing and known planned activities.
(2) The examination requires that the activity be given only minor or temporary effects on the protection goods referred to in Article 3 (4) of this Regulation, and that the authorisation must be granted. It shall be subject to conditions or conditions, where necessary, to ensure that the requirements of this Act are met. (3) The outcome of the Environmental Impact Assessment shall be the justification of the (4) The Federal Environment Agency has, on request, the approval, the documents referred to in paragraph 1 including the presentation in accordance with § 4 (2) sentence 2 with the exception of the documents pursuant to § 4 paragraph 2 sentence 1 and in the case of § 6 para. 4 also the Commission opinion to be made available. Unofficial table of contents

§ 8 Approval procedure with environmental impact assessment

(1) Activities which can be expected to have more than minor or temporary effects require an environmental impact assessment (EIA). (2) The environmental impact assessment is an independent part of the procedure for the granting of the permit. It serves to determine, describe and evaluate the effects of the activity on the protected goods referred to in § 3 (4) of this Act. It shall be carried out with the participation of the public in accordance with the provisions of this Act. (3) For this purpose, the applicant shall submit a study of the activity and its environmental impact in German and English, which shall: shall contain, in particular, the following:
1.
a description of the intended activity, including its purpose, location and probable area of impact, its duration and intensity, and a description of possible alternatives to the activity, including the alternative, to refrain from carrying out the activity and the consequences of these alternatives;
2.
a description of the actual state of the environment in the field of impact of the activity, with which predicted changes are to be compared, and a forecast of the future state of the environment in the event of failure to carry out the intended activity;
3.
a description of the methods and data used to determine the likely impact of the intended activity;
4.
a description of the nature, extent, duration and intensity of the likely direct effects of the intended activity;
5.
a description of the possible indirect effects of the intended activity;
6.
a description of the cumulative impact of the intended activity with regard to ongoing and known planned activities;
7.
the indication of measures, including monitoring programmes, which could be taken to minimise or mitigate the effects of the proposed activity and to identify unforeseen effects, and serve to provide early indications of adverse effects of the activity and to react quickly and effectively to accidents;
8.
an indication of the unavoidable effects of the intended activity;
9.
a description of the effects of the intended activity on the conduct of scientific research and on other existing uses and values;
10.
information on the knowledge gaps and uncertainties that have arisen in the collection of the information required under this paragraph;
11.
a general summary of the information compiled pursuant to this paragraph;
12.
The name and address of the person or organisation which has submitted the investigation and the address to which comments are to be sent.
Unofficial table of contents

§ 9 Public interpretation, objections

(1) The application for the granting of the authorization and the investigation pursuant to section 8 (3) are to be interpreted for ninety days at the seat of the Federal Environment Agency, with the exception of the documents in accordance with § 4 (2) sentence 1. During the period of interpretation, the Federal Environment Agency may issue objections to the investigation in writing, in electronic form or in writing. Written or electronic objections are also to be submitted in English. If a translation into the English language is not introduced without delay, the Federal Environment Agency may, at the expense of the user himself, procure such a person and, for that purpose, obtain an advance in the amount of the costs likely to be incurred. require. At the end of the application period, all objections are excluded. (2) The Federal Environment Agency (Umweltbundesamt) has published the interpretation publicly at least three weeks in advance in the Federal Gazette. The notice shall indicate:
1.
where and when the application for authorisation and the documents pursuant to Section 8 (3) are interpreted for the purposes of inspection;
2.
that objections are to be raised by the Federal Environment Agency during the time limit for interpretation and that late objections are not taken into account in the discussion and decision-making process.
(3) After the expiry of the period of interpretation, the objections raised in good time to the permit application shall be discussed with the applicant and the users. Unofficial table of contents

Section 10 Information of the parties to the Environmental Protocol to the Antarctic Treaty and the Committee on the Environment

(1) The investigation pursuant to Section 8 (3) shall be communicated to each Party of the Environmental Protocol to the Antarctic Treaty. It should be pointed out in the case of the transmission that any comments may be made within a period of ninety days. (2) The investigation in accordance with Article 8 (3) shall be submitted to the Committee on the Environment within the meaning of Article 11 of the Environmental Protocol. Antarctic Treaty. Unofficial table of contents

§ 11 Consultation by a Consultative Meeting of the Parties to the Antarctic Treaty

(1) The application for the authorisation of an activity which requires an environmental impact assessment in accordance with § 8 may not be decided until a Consultative Meeting of the Parties to the Antarctic Treaty has had sufficient opportunity to: To examine documents in accordance with § 8 (3). There is sufficient opportunity to examine the matter only if the Committee on the Environment has been examined in accordance with Article 8 (3) at least one hundred and twenty days before the beginning of the Consultative Meeting. Before taking the decision, the Federal Environment Agency shall await the opinion of the Consultative Meeting and take it into account in its decision. (2) The first sentence of paragraph 1 shall not apply if, within 15 months of receipt of the documents, the documents to the Committee shall be taken into account. Environmental protection no consultative meeting or advice on the documents cannot be concluded during this period. Unofficial table of contents

§ 12 Approval after environmental impact assessment

(1) The Federal Environment Agency shall draw up the opinion of the Consultative Meeting of the Antarctic States Parties on the basis of the investigation pursuant to Section 8 (3), the opinions of other parties to the Environmental Protection Protocol to the Antarctic Treaty, the opinions of other bodies and of the objections a summary of the effects of the activity on the protected goods referred to in Article 3 (4) of this Act, including the interactions. The results of their own investigations should be included. The opinions obtained from other bodies and the objections are to be presented separately. (2) If the activity is more than a minor or temporary effect on the protection goods referred to in Article 3 (4), the Authorisation shall be granted only if conditions or conditions can ensure that the requirements of this Act are met. (3) In the explanatory memo of the authorisation, an assessment of the likely impairments in the To compare the benefits of the planned activity. If the Federal Environment Agency deviates from the outcome of the investigation or opinions of other bodies or of the Consultative Meeting of the Antarctic States Parties, the reasons for this shall be presented. The determination of the traffic and operational safety of the ships pursuant to Article 5 (2) shall remain unaffected. Unofficial table of contents

Section 13 Information of third parties

(1) approvals pursuant to section 12 (2) shall be based on the reasons for and all documents
1.
provide for general insight at the seat of the Federal Environment Agency,
2.
To submit to the Antarctic Treaty and to the Committee on the Environment, pursuant to Article 11 of the Protocol on the Protection of the Environment, to the Antarctic Treaty, by diplomatic means. The date of transmission shall be notified to the applicant.
(2) An activity for which an authorisation has been granted in accordance with Article 12 (2) shall not be commenced until after sixty days after the transmission of the documents referred to in paragraph 1 to the parties to the Antarctic Treaty. Unofficial table of contents

Section 14 Monitoring and verification

(1) The Federal Environment Agency is responsible for the monitoring of compliance with this law and the permits issued. (2) The Federal Environment Agency shall periodically check which environmental effects are caused by activities which have been carried out by the Federal Environment Agency (Umweltbundesamt). § 4, 6, 7 or 12 of this Act have been approved. It assesses the extent to which these effects are in accordance with the Environmental Protocol to the Antarctic Treaty. (3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Foreign Office and the Federal Foreign Office, to: Federal Ministry of Education and Research to regulate the organisation of monitoring, cooperation with the other authorities in this context and the setting up of environmental officers for activities in the Antarctic by means of a legal regulation. Unofficial table of contents

Section 15 Regular sub-directions

(1) The Committee on the Environment, pursuant to Article 11 of the Protocol on the Environment, to the Antarctic Treaty and to the Contracting Parties to this Protocol, shall be annually
1.
a description of the procedures in accordance with § § 3 to 14,
2.
a list of authorisations pursuant to § 7,
3.
significant information due to the review in accordance with § 14
(2) The Federal Environment Agency shall keep the information referred to in paragraph 1 available for general inspection. Unofficial table of contents

Section 16 Environmental impact assessments of other contracting parties

(1) Documents relating to environmental impact assessments submitted by other contracting parties to the Environmental Protocol to the Antarctic Treaty shall be forwarded by the Federal Environment Agency to the bodies referred to in Article 3 (8). This is the opportunity to give an opinion within thirty days. (2) The documents shall be published in public at the seat of the Federal Environment Agency. The period of interpretation shall be three weeks. Section 9 (1) sentence 2 to 5 and paragraph 2 shall apply mutas. (3) The parties concerned shall be forwarded to the Contracting Parties concerned at the time of their decision. Unofficial table of contents

Section 17 Conservation of the Antarctic Animal and Plant World

(1) It is forbidden in the Antarctic
1.
To kill, injurn, catch or touch mammals or birds, or to remove or damage native plants in such quantities that the distribution or density of these plants is significantly impaired;
2.
Harmful effects on the animal or plant world in the Antarctic; as a harmful effect:
a)
the flying or landing of helicopters or other aircraft in such a way that bird or seal accumulations are disturbed;
b)
the use of land and watercraft, including hovercraft vessels and small boats, in such a way as to worship bird or seal accumulations;
c)
the use of explosives or firearms in such a way as to cause concern for bird or seal accumulations;
d)
the deliberate infestation of fraterous birds, birds in the mouse or bird or seal accumulations by humans on foot;
e)
the significant damage caused to the accumulation of land by the landing of aircraft, the driving of vehicles, the loss of land or other means;
f)
another act which leads to a significant adverse change in the habitat of species or populations of mammals, birds, plants or invertebrates.
(2) In an individual case, the Federal Environment Agency may, in agreement with the Federal Agency for Nature Conservation (Bundesamt für Naturschutz), grant exemptions from the prohibitions provided for in paragraph 1 of this Article. Approval may only be granted
1.
for the procurement of specimens for scientific research or for scientific information, or
2.
for the procurement of specimens for museums, herbaria, zoological or botanical gardens, or for other educational or cultural institutions or corresponding uses, or
3.
as a preventable measure with regard to the unavoidable consequences of the establishment and operation of scientific support facilities and of scientific activities other than those referred to in points 1 and 2.
(3) The granting of authorisations shall be limited to the extent that:
1.
no more mammals or birds may be killed, injured, captured or touched, or plants of nature may be taken from nature than is strictly necessary for the purposes referred to in paragraph 1,
2.
Only a small number of mammals or birds may be killed and-also in cooperation with other approved deprivations-only as many mammals and birds of a local population may be killed, as is normally the case with natural increase in the following season,
3.
the diversity of species, the essential habitats for these species, as well as the balance of the ecosystems present in the Antarctic.
(4) All species of the genus Arctocephalus (fur seals) and ommatophoca rossii (Ross-Robben) are under special protection. An authorisation to kill, injel, catch or touch these species may only be granted for a compelling scientific purpose if the survival or recovery of the species or the local population does not endanger and, where appropriate, (5) To designate the issuing authority and the approver as well as the place and date of the approved activity. (6) Each killing, injiking, catching or touching of the Mammals or birds must be carried out in such a way that the pain and suffering of the animals is as wide as possible. (7) The Act to the Convention of 1 June 1972 on the Conservation of Antarctic Robben (BGBl. 90) and the Law of the Convention of 2 December 1946 on the Regulation of the Walfanges (BGBl. 558) remain unaffected. (8) The Law of the Convention of 20 May 1980 on the Conservation of Antarctic Marine Living Resources (BGBl. 1982 II p. 420) remains unaffected insofar as the by-catch of birds is affected. Unofficial table of contents

Section 18 Bringing Animals and Plants to Antarctica

(1) It is forbidden to spend dogs in the Antarctic. (2) Anyone who spends or spends on the land or on the shelf or in the water in the Antarctic or in the Antarctic is subject to authorization. (3) Paragraph 2 shall be found shall not apply to the introduction of food to the Antarctic, provided that no live animals are brought to this end and that all plant and animal parts and products are constantly monitored. Non-eaten poultry should be removed from the Antarctic or be disposed of germ-free by incineration. In addition, § § 21 to 27 of this law apply. (4) It is forbidden to spend living poultry or other living birds in the Antarctic. Slaughtered poultry to be sent to the Antarctic must be investigated for traces of diseases such as Newcastle disease, tuberculosis or mycosis. If traces of diseases are detected in the case of slaughtered poultry, the transfer to Antarctica is prohibited. (5) The Federal Environment Agency may only grant authorisations in accordance with paragraph 2 to the extent that it is Earth for experimental purposes, or for crops or laboratory animals and plants, including viruses, bacteria, yeasts and fungi. Before the authorisation expires, it is necessary to remove animals and plants from the Antarctic or to dispose of them germ-free by burning. This obligation shall be recorded in the letter of approval. (6) Anyone who spends non-indigenous animals or plants or plants in the Antarctic without authorisation or who has moved to Antarctica before the entry into force of this law shall immediately have to Remove or dispose of germ-free by burning. The Federal Environment Agency may only authorise exceptions if the specimens do not present any danger to the domestic flora and fauna. Unofficial table of contents

Section 19 Export monitoring

(1) The Federal Ministry of Finance and the customs offices designated by it shall assist in the monitoring of the export of soil, animals or plants to the Antarctic. The abovementioned authorities may hold the export of soil, animals or plants, including their means of transport and packaging, on export. (2) The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry for the Environment, Protection of nature and reactor safety and the Federal Ministry of Education and Research to regulate the details of the monitoring of the prohibitions in accordance with § § 17 and 18. It may, in particular, be subject to obligations relating to the notification, notification, information and performance of ancillary services, as well as to the payment of inspection in commercial documents and other documents, and for the purpose of carrying out surveys and the taking of charges. Free samples and samples shall be provided. Unofficial table of contents

Section 20 Displacement of substances and products

Polystyrene beads, polystyrene chips or similar packaging materials and polychlorbiphenyls (PCBs) and pest control agents shall not be placed on the land or the shelf or introduced into the water. Unofficial table of contents

Section 21 Principles of the prevention and disposal of waste

(1) The origin and disposal of waste in the Antarctic should be avoided as far as possible. (2) Waste produced outside Antarctica must not be disposed of in the Antarctic. (3) The disposal of waste on ice-free land and in fresh water systems is prohibited. In fresh water systems, storage is also prohibited. (4) Waste removed from Antarctica shall be spent in the Federal Republic of Germany or in another country in which arrangements for their disposal shall be in accordance with relevant international conventions. As far as they are brought to the Federal Republic of Germany, Section 13 of the Waste Act remains unaffected. § 14 (3) of the Radiation Protection Regulation does not apply. Unofficial table of contents

Section 22 Removal of waste from the Antarctic

(1) The following waste generated in Antarctica shall be removed from the Antarctic:
1.
radioactive substances within the meaning of the Atomic Energy Act,
2.
electrical batteries,
3.
solid and liquid fuels,
4.
wastes with a harmful content of heavy metals or with highly toxic or otherwise harmful resistant compounds;
5.
Polyvinyl chloride (PVC), polyurethane, polystyrene foam, rubber, lubricating oils, treated timber and other products containing additives which may cause harmful emissions in the event of combustion.
6.
all other plastic waste, except in the case of soft polyethylene containers which are incinerated in accordance with Article 23 (1),
7.
Fuel ässer,
8.
other solid non-combustible waste,
9.
residues of cadavers of animals introduced,
10.
Laboratory cultures of micro-organisms and pathogens of plant diseases,
11.
in the case of bird products.
The obligation referred to in paragraph 1 shall not apply to waste referred to in paragraph 1 (9) to (11) if it is incinerated, treated in autoclaves or otherwise germ-free. It shall also not apply to waste within the meaning of paragraph 1 (7) and (8) if the removal of such waste would result in greater environmental damage than if it remained on the spot. (3) It is prohibited to comply with the provisions of paragraph 1. waste in the Antarctic. Unofficial table of contents

Section 23 Waste incineration

(1) combustible waste which is not removed from the Antarctic shall be treated in waste incineration plants in such a way that harmful emissions are avoided as far as possible. The solid residues resulting from the combustion are waste within the meaning of § 22 (1) No. 8. (2) The incineration of waste outdoors is prohibited. (3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to Taking into account the relevant recommendations of the Committee on Environmental Protection under Article 11 of the Environmental Protocol to the Antarctic Treaty and the Scientific Committee on Antarctic Research Emission limit values and technical requirements by means of a legal regulation Installations within the meaning of paragraph 1. Unofficial table of contents

§ 24 Disposal of liquid waste

(1) Liquid household waste produced in Antarctica or other liquid waste not listed in section 22 (1) shall be removed from the Antarctic as far as possible. (2) Insofar as the waste is disposed of in the Antarctic within the meaning of paragraph 1. , the disposal is prohibited on ice-free land, sea ice, ice shelf and mainland seis. In the case of substances produced by stations built on ice-cream or mainland seis, the first sentence shall not apply if the substances are disposed of in deep ice pits and this is the only possible way of disposal. These pits must not be based on known ice-flow lines which end in ice-free areas or in areas with a high melting point. (3) The disposal of waste within the meaning of paragraph 1 into the sea requires authorisation. Unofficial table of contents

§ 25 Field Camp

Waste produced in field warehouses shall, as far as possible, be disposed of to the support stations or ships for disposal. Unofficial table of contents

§ 26 Abfold Storage

All waste to be removed from the Antarctic or otherwise to be disposed of shall be stored in such a way that it cannot enter the environment. Unofficial table of contents

§ 27 workplaces and waste disposal sites

(1) Earlier and existing waste deposits on land and places of work shall be cleaned, subject to paragraph 2, by the producers of the waste and the users of the facilities and sites. This does not apply in so far as the removal of buildings or waste would lead to greater environmental damage than if the buildings or waste remain in place. (2) Works designated as historical sites or monuments, may not be removed or altered. Unofficial table of contents

Section 28 Planning

(1) The Federal Environment Agency, in consultation with the Alfred Wegener Institute, shall draw up a system of waste classification in order to be able to document waste generated in the activities of the persons referred to in Article 3 (1) in the Antarctic and in order to: To facilitate studies on the environmental impact of scientific activities, including support activities. This system shall at least divide the waste into the following groups:
1.
Waste water and liquid household waste (Group 1),
2.
other liquid wastes and chemicals, including fuels and lubricants (Group 2),
3.
solid waste to be incinerated (Group 3),
4.
other solid wastes (Group 4),
5.
radioactive substances (group 5).
(2) The Federal Environment Agency shall, in consultation with the Alfred Wegener Institute for the Antarctic Territory, draw up plans for the reduction and disposal of waste and shall continue to write them annually. These plans shall contain, for each fixed station, for each ship and in general form for field warehouses:
1.
Programmes for the cleaning of existing waste disposal sites and open-air workplaces,
2.
information on current and planned arrangements for waste management;
3.
ongoing and planned arrangements for the analysis of the environmental impact of waste and waste management,
4.
other current and planned measures with a view to minimising the environmental impact of waste and waste disposal.
In the case of small boats used in the operation of a fixed station or a ship, no separate information is required pursuant to the second sentence of the second sentence of paragraph 1 to 4. (3) In the drawing up of the plans, existing plans on waste reduction and disposal shall be made available. for ships and stations. (4) The Federal Environment Agency shall draw up, as far as possible, a list of places of previous activities, indicating, inter alia, crossing paths, fuel depots, field bases, aircraft debris and the like. (5) The plans referred to in paragraph 2 and the reports on their implementation shall be included in the an annual exchange of information in accordance with Articles III and VII (5) of the Antarctic Treaty. In addition, they shall, together with the list referred to in paragraph 4, forward to the Committee on the Environment, pursuant to Article 11 of the Environmental Protocol. When the plans are updated, the Federal Environment Agency shall take into account the advice and proposals of the Committee on Environmental Protection. (6) For each station and workplace, an appropriate person must be appointed to the waste commissioner. The waste officer shall supervise the implementation of the plans for the reduction and disposal of waste and submit proposals for their continuation; it shall transmit annually to the Federal Environment Agency the information which it shall provide for the performance of the tasks referred to in required by paragraphs 1 and 2. Unofficial table of contents

Section 29 Protection and administration of territories, historical sites and monuments

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministries for Education and Research and for Economics and Technology, by means of a legal regulation in accordance with the recommendations of the The Consultative Meeting of the Antarctic Treaty
1.
specially protected areas within the meaning of Article 3 of Annex V of the Environmental Protocol to the Antarctic Treaty,
2.
particularly managed areas within the meaning of Article 4 of Annex V of the Environmental Protocol to the Antarctic Treaty,
3.
Historical sites and monuments within the meaning of Article 8 of Annex V of the Environmental Protocol to the Antarctic Treaty
(2) Any person who enters, travels or overlies the territories referred to in the legal regulations referred to in paragraph 1 (1) shall require the authorisation. (3) The damage, removal or destruction of the historical legal systems referred to in paragraph 1 (3) shall be Sites and memorials are forbidden. Unofficial table of contents

§ 30 Authorisations

(1) The Federal Environment Agency may grant exemptions from the prohibition in accordance with Article 29 (2) if the activity intended by the applicant is in accordance with the requirements of the management plan which, in accordance with Article 5 of Annex V of the Environmental Protocol to the Antarctic Treaty was drawn up by the Consultative Meeting of the Antarctic States Parties for the Territory. The authorisation shall be accompanied by the relevant sections of the management plan. It contains information on the size and location of the area, identifies the approved activities, the approval authority, the date and place of approval, and other requirements laid down in the management plan. (2) If no management plan is present, authorisation may only be granted where the intended activity is intended to serve compelling scientific purposes which cannot be fulfilled elsewhere and the intended activity does not pose a threat to the natural ecosystem in the area concerned. (3) The authorisation shall be granted by the marketing authorisation holder during the stay in the (4) The Federal Environment Agency shall inform the Contracting Parties and the Committee on Environmental Protection by the end of November of each year on the number and type of authorisations granted in the period from 1 July to 30 June. Unofficial table of contents

§ 31 Management Plans

The Federal Environment Agency is responsible for the preparation of administrative plans in accordance with the provisions of Article 5 of Annex V of the Environmental Protocol to the Antarctic Treaty in consultation with the Alfred Wegener Institute for Polar and Marine Research. Unofficial table of contents

Section 32 Mining ban

(1) The prospecting, exploration, development or extraction of natural resources in the Antarctic shall be prohibited. (2) Paragraph 1 shall not apply to scientific research activities. Unofficial table of contents

§ 33 Training

(1) The applicant and the person referred to in Article 6 (1) shall ensure that all participants in the activity are adequately trained in the protection of the environment in the Antarctic and the requirements of the Antarctic. (2) The applicant and the person referred to in Article 6 (1) shall work to ensure that no products of polyvinyl chloride are carried on as possible. To the extent that such products are nevertheless carried along, the participants must be referred particularly to these products and to the obligation to remove them later from the Antarctic. (3) The Federal Environment Agency shall present all persons who are in the Antarctic or intending to enter it, information materials shall be made available to ensure that they understand and follow the provisions of § § 17, 18 and 29. This information is intended to include, in particular, prohibited activities and include lists of particularly protected species, particularly protected and managed areas, as well as historical sites and monuments. Unofficial table of contents

§ 34 Inspections

(1) The Federal Foreign Office is in agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Economics and Technology. Federal Ministry of Education and Research responsible for carrying out inspections pursuant to Article 14 of the Environmental Protocol to the Antarctic Treaty and the preparation of inspection reports. (2) The Federal Foreign Office dispatches the inspection reports referred to in paragraph 1 Inspection reports and provide opinions pursuant to Article 14 (4) of the Environmental Protocol to the Antarctic Treaty to the inspection reports of other Contracting Parties to the Antarctic Treaty. (3) Anyone carrying out an activity in the Antarctic shall be obliged to carry out the inspection of the inspectors from the Member States of the Antarctic Treaty and access to them access to all parts of stations, facilities, equipment, ships and aircraft open to inspection under Article VII (3) of the Antarctic Treaty and to all parts of the Antarctic Treaty all the records kept on the basis of the Environmental Protocol to the Antarctic Treaty being required. Unofficial table of contents

Section 35 Charges and charges

(1) Charges and levies are levied for individually attributable public services under this Act and according to the legal regulations based on this law. (2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety will be authorized, in agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of Transport, Building and Urban Development, and the Federal Ministry of Education and Research, by means of a legal regulation, the chargeable To identify actual facts and to provide fixed rates or framework rates. In the case of individually attributable public services according to this law, which relate to projects of scientific research, the collection of fees and expenditure shall be waited. Unofficial table of contents

Section 36 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
carry out an activity in the Antarctic without authorisation pursuant to Section 3 (1);
2.
a legal regulation in accordance with § 5 (7), insofar as it refers to this fine for a certain amount of the facts;
3.
Contrary to Section 17 (1) no. 1, an animal is killed, injured, intercepted or touched, or plants are removed or damaged;
4.
Contrary to Article 17 (1) (2), harmful effects on animal and plant life;
5.
, contrary to Article 18 (1) or (4), first sentence, a dog, live poultry or other living bird spends into Antarctica;
6.
, without authorisation pursuant to § 18 para. 2 of the Earth or an animal or a plant, spends or spends on the land or the shelf of the shelf or in the water;
7.
, contrary to Article 18 (4), sentence 3, the slaughtered poultry spends into Antarctica;
8.
Contrary to § 18 (5) sentence 2 of the Earth, an animal or a plant is not removed or disposed of germ-free by incineration;
9.
Against § 20 of polystyrene beads, polystyrene chips or similarly procured packaging material, polychlorobiphenyls (PCBs) or pesticides to the land or to the shelf or to bring in the water;
10.
Dispose of waste in accordance with § 21 (2);
11.
Deposit or deposit waste contrary to section 21 (3);
12.
Contrary to section 22 (3), waste is disposed of;
13.
Incineration of waste in the open air, contrary to § 23 para. 2
14.
Dispose of waste on ice-free land, sea ice, ice shelf or mainland land, contrary to Section 24 (2);
15.
shall dispose of waste into the sea without authorisation pursuant to section 24 (3);
16.
Contrary to § 26 waste, it is stored in such a way that it enters the environment;
17.
enter, enter or overfly the territories referred to in Article 29 (2) (1) without authorization pursuant to § 29 (2) of the Regulation;
18.
Contrary to Section 29 (3), in connection with a decree law pursuant to § 29 (1) no. 3, a historical site or monument is damaged, removed or destroyed;
19.
, contrary to § 32 (1), prospecting or exploration of natural resources, or whether or not to win or win, or
20.
Contrary to § 34 para. 3 observers, no access is granted.
(2) In the cases referred to in paragraph 1 (1) to (6), (8) to (16), (18) and (19), the administrative offence may be subject to a fine of up to one hundred thousand Deutsche Mark and, in the cases referred to in paragraph 1 (7), (17) and (20), with a fine of up to twenty thousand German marks. (3) In the cases referred to in paragraph 1 (2), the administrative offence may also be punished if it is committed on or from a ship which is not entitled to carry the national flag. (4) Administrative authority in the sense of Article 36 (1) (1) of the Code of Administrative Offences is in the cases referred to in paragraph 1 (1), (3) to (20) Federal Environment Agency and, in the cases referred to in paragraph 1, point 2, the Federal Maritime and Hydrographic Office. Unofficial table of contents

Section 37 Criminal law

(1) With a custodial sentence of up to three years or a fine, he shall be punished who has a commercial or habitual residence in an act referred to in § 36 (1) no. 1 to 4 or 9 to 19. (2) imprisonment of up to five years or a fine will be punishable by imprisonment shall punish those who commit an act referred to in Article 36 (1) Nos. 1 to 16 or 19 and thereby endanger the health of another animal, plant or other alien property of significant value in the Antarctic, (3) The trial is punishable. (4) Those who, in the cases of paragraph 2, are in danger or injury (5) The provisions of paragraphs 1 to 4 shall not apply if the act is threatened with the same or more serious punishment in accordance with Section 324, 326, 330 or 330a of the Criminal Code. Unofficial table of contents

§ 38 confiscation

If an offence has been committed pursuant to § 36 or a criminal offence pursuant to section 37, objects which have been or have been used for the purpose of their commission or preparation may be recovered. § 23 of the Law on Administrative Offences and Section 74a of the Criminal Code are to be applied. Unofficial table of contents

Section 39 Arbitration

The Federal Foreign Office is responsible for the arbitration procedure, as set out in the Annex to the Environmental Protocol to the Antarctic Treaty. Unofficial table of contents

§ 40 Reporting obligation

The Federal Environment Agency is responsible for the preparation of the annual report under Article 17 of the Environmental Protocol to the Antarctic Treaty. Unofficial table of contents

Section 41 Emergencies

(1) The provisions of this Act shall not apply in cases of emergency in which the protection of human life or the safety of ships, aircraft or high-quality equipment or facilities, or the protection of the environment, shall be without any need.
a)
require an activity within the meaning of Article 3 (1) before the procedure laid down in that law has been completed; or
b)
require a prohibited activity in accordance with § § 17 to 31.
(2) Information to the other Member States of the Antarctic Treaty and of the Committee on Environmental Protection on the activities referred to in Article 7 (2) of Annex I of the Environmental Protocol to the Antarctic Treaty shall be made by the Federal Environment Agency. (3) in the Antarctic, an activity as referred to in paragraph 1 shall be made without delay by the Federal Environment Agency with the information necessary for the information referred to in paragraph 2. Unofficial table of contents

Section 42 Entry into force

(1) § 5 (7) and 6 (5) of this Act shall enter into force on the day after the announcement. In addition, this law will enter into force on the date on which the environmental protection protocol of the 4. (2) The date of the entry into force shall be published in the Federal Law Gazan.