Law On The Execution Of Environment Protocol 4 October 1991 On The Antarctic Treaty

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

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

Non-official table of contents

AntarktUmwSchProtAG

Date of completion: 22.09.1994

Full quote:

" Environmental Protection Protocol Execution 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) "

:Last modified by Art. 2 (41) and (i). 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 details, see the menu under Notes

Footnote

(+ + + Text proof: 1.10.1994 + + +) Non-official table of contents

§ 1 objective of the law

The objectives of this law are the comprehensive protection of the Antarctic environment and the dependent and associated ecosystems, as well as the preservation of Antarctica as a nature reserve devoted to peace and science. Non-official table of contents

§ 2 Definitions, bids and prohibitions

(1) For the purposes of this law:
1.
Antarctica: Area south of 60 degrees of southern latitude;
2.
Activity :Expeditions, travels, supply trips and flights, inspections and other activities in or in Antarctica as well as the construction, remodeling, dismantling or operation scientific stations and other installations and facilities which are organised in the Federal Republic of Germany or which originate from their territory. The concept of activity includes any change in activity;
3.
Environmental impact assessment: the preliminary assessment of the environmental impact referred to in Article 2 of the 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, also liquid and gaseous, which the owner wants to dispose of, or its orderly Disposal for the protection of the benefit of the general public, in particular the protection of the environment, or radioactive residues as well as developed or degraded radioactive plant parts, which are ordered according to § 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 section 5 (7) shall apply to participants in an activity referred to in paragraph 1 (2) and to natural persons residing in the country of residence. or habitual residence in the territory of the Federal Republic of Germany. Non-official table of contents

§ 3 General approval requirement

(1) Any activity in accordance with § 2 para. 1 no. 2, which is provided by
1.
German nationals,
2.
other natural persons with residence or habitual residence in the territory of the Federal Republic of Germany,
3.
Legal persons or non-fictiable persons associations based in the territory of the Federal Republic of Germany,
4.
foreign legal persons or non-fictiable persons associations
is issued, requires approval. The Federal Environment Agency (Umweltbundesamt) has the right to apply for approval in writing or electronically. Foreign legal persons must designate a person within the meaning of points 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 specified period of time, but not more than one year.(2) No approval pursuant to paragraph 1 shall be required:
1.
Activities which are carried out by another Contracting Party of the Environmental Protocol to the Antarctic Treaty were approved;
2.
Ship movements which are carried out only for the purpose of transit through Antarctica, without any objectives in the Antarctica;
3.
Activities directly related to the exploration or use of Antarctic seals in accordance with the law of the Convention of 1. June 1972 for the conservation of Antarctic seals (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 June 1990. 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 does not adversely affect
1.
Effects on climate 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 for endangered or threatened species or their populations,
6.
damage or Significant risk to the areas of biological, scientific, historical, aesthetic or original areas,
7.
Other (c) significant adverse effects on the environment and dependent and connected ecosystems
(5) If the intended activity acts in accordance with Section 17 (1), § 18 (2) and (4) or § 29 (2) and (3), the authorisation may only be granted if the said acts in accordance with Section 17 (2), (3) and (4), § 18 (5) or (30) (1) and (2) Conditions 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 provide proof of the disposal provided for in accordance with § § 8 and 12 of the Waste and Residual Excess Monitoring Ordinance of the 3. April 1990 (BGBl. 648) or in accordance with § 9a of the Atomic Energy Act of 23. 1 December 1959, as amended by the 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. Paragraph 4.(8) The Federal Environment Agency (Umweltbundesamt) decides on the granting of the authorisation. It shall seek the opinions of the authorities whose duties are 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. Non-official table of contents

§ 4 General procedure

(1) The applicant has to carry out the planned activity in order to justify his or her application for an authorisation. and indicate at the same time whether they are likely to have an impact on the protection goods referred to in Section 3 (4) and which are likely to be affected. Reasons for the fact that the activity will not have any effect on these protective goods shall be justified.(2) Documents containing business or trade secrets or personal data shall be marked by the applicant and shall be submitted separately. 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 as a business or trade secret, it shall be consulted by the applicant before deciding on the interpretation of these documents.(3) The Federal Environment Agency shall assess whether the activity is
1.
less than minor or transient effects,
2.
minor or temporary Effects,
3.
more than minor or temporary effects
can be obtained from the protection goods referred to in Section 3 (4). The Federal Environment Agency shall inform the applicant of its assessment and shall inform it of the further course of the proceedings.(4) In the case referred to in paragraph 3 (1), the Federal Environment Agency shall grant authorisation without the implementation of an environmental assessment and 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 impact assessment in accordance with § 7 or an 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 (Umweltbundesamt) 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. Non-official table of contents

§ 5 Prevention of marine pollution

(1) In the context of an activity within the meaning of § 2 para. 1 no. 2, a ship shall be: , the Federal Environment Agency (Umweltbundesamt) shall take into account an opinion of the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschiffahrt und Hydrographie) when it is approved in respect of the risks to the marine environment arising from the sea transport. Any derogations from this opinion shall be justified.(2) Where a ship is used in an activity within the meaning of Article 2 (1) (2) of the Treaty, the opinion of the Federal Maritime and Hydrographic Agency shall also include the determination as to whether, in respect of transport, Operational safety of the ship the requirements of § 3 (4) are available.(3) Paragraphs 1 and 2 shall apply accordingly in the case of § 14 (2) and § 16.(4) Paragraphs 1 to 3 do not touch:
1.
the Maritime Task Law,
2.
the SeemannsLaw,
3.
the Law on the Carriage of Dangerous Goods,
as well as the of these laws.(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, shall be: , provided 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 and the Protocol of 1978 to this Convention. The records shall be submitted to the Federal Maritime and Hydrographic Office on request.(6) The applicant shall immediately inform the Federal Maritime and Hydrographic Agency of any shipments and discharges in the event of an emergency in connection with the safety of the ship and the persons on board, or the rescue of Teaching 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 of the Antarctic Treaty, of the transfers and discharges carried out in accordance with the provisions of the first sentence.(7) The 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, to implement Annex IV of the Environmental Protection Protocol to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Antarctic contract by means of legal regulation
1.
Regulations on the discharge of harmful liquid substances or other chemical or other substances referred to in Article 4 of Annex IV of the Environmental Protocol to the Antarctic Treaty,
2.
Regulations on the Introduction of waste in accordance with Article 5 of Annex IV of the Environmental Protocol to the Antarctic Treaty,
3.
Regulations on the discharge of waste water after Article 6 of Annex IV of the Environmental Protocol to the Antarctic Treaty.
(8) Contrary to the provisions of the International Convention for the Prevention of Pollution from Ships and of the Protocol, 1973 from 1978 to this Convention, even in the case of the Law of the Law of 23 of the European Union pursuant to Article 2 (1) of the Law. The Convention on the Prevention of Pollution from Ships, 1973, and the 1978 Protocol to this 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) Monitoring of the regulations of Annex IV of the Environmental Protocol to the Antarctic Treaty is the responsibility of the Federal Maritime and Hydrographic Office. The Federal Environment Agency shall be informed of any measures initiated.(10) Strghter regulations under the law of 23. The International Convention for the Prevention of Pollution from Ships of 1973 and the Protocol of 1978 to the Convention (BGBl I). 1982 II p. 2) and the Law on the Conventions 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. Non-official table of contents

§ 6 research activities

(1) activities of scientific research in the Antarctic and its implementation, or By way of derogation from § 3 (1), the Federal Environment Agency shall, by way of derogation from § 3 (1), not later than 3 months before the start of the preparatory activities, which only provide less than slight or temporary effects pursuant to § 4 (3) (1) of the Federal Environment electronically. The advertisement shall indicate that the activity will have only a minor or temporary effect on the protection goods of Section 3 (4). Section 4 (1) shall apply accordingly.(2) Article 4 (4) shall apply mutagens 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, the minor or temporary effects referred to in Article 4 (3) (2) or more than minor or temporary effects The effects of § 4 (3) no. 3 are subject to the permit requirement pursuant to Section 3 (1) of this Act. If the Federal Environment Agency finds that an activity indicated in accordance with paragraph 1 meets the requirements of section 4 (3) (2) or (3), the advertisement shall be deemed to be an application for the approval pursuant to section 3 (1).(4) In the event of an examination of an activity of scientific research or of an activity serving for its implementation or preparation, which fulfils the requirements of § 4 (3) no. 2 or 3, the Federal Environment Agency shall take into account the assessment of the Activities carried out by a commission of independent scientific experts appointed jointly by the Federal Foreign Office, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Education and Research. Any deviations from this assessment shall be justified.(5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Foreign Office and the Federal Ministry of Education and Research, to establish the composition, appeal and procedures of the Federal Ministry of Education and Research by means of a legal regulation. Commission to regulate. unofficial table of contents

§ 7 Approval Procedure with Environmental Impact Assessment

(1) Activities that are likely to be at least minor or are subject to a temporary impact assessment, provided that the Federal Environment Agency does not consider it necessary to carry out an environmental impact assessment on the basis of its assessment pursuant to Article 4 (3) sentence 1. 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, its duration and intensity, and
2.
a description of Alternatives to the intended activity and to all the likely effects of the intended activity, including cumulative effects with regard to ongoing and known planned activities.
(2) The examination shall indicate that: The activity shall be granted only minor or temporary effects on the protected goods referred to in Article 3 (4) and shall be authorised. It shall be subject to conditions or conditions, where necessary, to ensure that the requirements of this Act are met.(3) The result of the Environmental Impact Assessment shall be included in the justification for the approval.(4) On request, the Federal Environment Agency shall have the authorisation, the documents referred to in paragraph 1, including the presentation in accordance with Article 4 (2) sentence 2, with the exception of the documents pursuant to § 4 (2) sentence 1 and, in the case of § 6 (4), also the opinion of the Commission to make accessible. Non-official table of contents

§ 8 Approval Procedure with Environmental Impact Assessment

(1) Activities that are more than minor or temporary An environmental impact assessment is expected to be expected.(2) The environmental impact assessment shall be 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 involvement 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 include, in particular, the following information: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
a description of the intended activity, including its purpose, location, and expected impact area, duration and intensity, as well as a description of possible alternatives to the activity, including the alternative of ominating the activity, and the consequences of these alternatives;
2.
a description of the actual state of the environment in the impact area of the activity, to compare predicted changes, and a forecast of the future state of this environment in the event of failure to carry out the intended activity;
3.
a description of the methods and data related to the prospective To determine the effects of the intended activity;
4.
a description of the nature, extent, duration and intensity of the prospective immediate 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 specification of actions, including monitoring programs, that could be taken to minimize impact by the intended activity, or to mitigate and to detect unforeseen effects, and to provide early indications of adverse effects of the activity and to react quickly and effectively to accidents;
8.
specifying the unavoidable impact 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 knowledge gaps and Uncertainties that have occurred while collecting the information required under this paragraph;
11.
a general summary of the information provided by this (i
12.
the name and address of the person or organisation which has submitted the investigation and the address to which the person or organisation is responsible for the investigation.
Non-official table of contents

§ 9 Public interpretation, objections

(1) The application for the grant of the Approval 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) shall publish the interpretation publicly at least three weeks in advance in the Federal Gazette. The notice must point out
1.
where and when the application for approval is granted and the documents are designed for inspection in accordance with Section 8 (3);
2.
that objections are to be raised by the Federal Environment Agency during the period of interpretation and that late payment Objections to the discussion and decision are not taken into account.
(3) After the expiry of the period of interpretation, the objections raised in good time to the application for the permit shall be discussed with the applicant and the users. Non-official table of contents

§ 10 Information to the Environmental Protocol to the Antarctic Treaty and the Committee on Environmental Protection

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

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

(1) On the application Approval of an activity, which requires an environmental impact assessment in accordance with § 8, may only be decided if a consultative meeting of the parties to the Antarctic Treaty had sufficient opportunity to submit the documents according to § 8 (3) of the Treaty. check. A sufficient opportunity for examination shall be provided only if the examination referred to in Article 8 (3) of the Committee on the Environment was 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 shall take it into account in its decision.The first sentence of paragraph 1 shall not apply if no consultative meeting takes place within 15 months of receipt of the dossier to the Committee on the Environment, or if the consultation on the documents cannot be concluded within that period. Non-official table of contents

§ 12 Approval after environmental impact assessment

(1) The Federal Environment Agency shall develop on the basis of the investigation pursuant to Section 8 (3), the opinions of other parties to the Environmental Protocol to the Antarctic Treaty, the opinion of the Consultative Meeting of the Antarctic States Parties, the opinions of other bodies and the objections, a a summary of the effects of the activity on the protected goods referred to in § 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 more than a minor or temporary effect on the activity referred to in Article 3 (4) is to be obtained from the activity, the authorisation may be granted only if it is possible to ensure, by conditions or conditions, that the The requirements of this law are met.(3) In the justification of the authorisation, an assessment of the likely impairments compared to the benefits of the planned activity shall be included. 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) remains unaffected. Non-official table of contents

§ 13 Information of third parties

(1) Approvals pursuant to Section 12 (2) are subject to the justification and all decision-making Keep documents
1.
available at the headquarters of the Federal Environment Agency for general insight,
2.
Parties to the Environmental Protocol to the Antarctic Treaty and the Committee on Environmental Protection under Article 11 of the Environmental Protocol to the Antarctic Treaty diplomatic path. 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 apply until sixty days after the date of transmission of the documents referred to in paragraph 1. the contracting parties to the Antarctic Treaty are to be started. Non-official table of contents

§ 14 Monitoring and verification

(1) The Federal Environment Agency is responsible for monitoring 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 authorised in accordance with Articles 4, 6, 7 or 12 of this Act. It assesses the extent to which these effects are consistent 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 Ministry of Education and Research, to develop the monitoring, cooperation with the other to regulate the setting up of environmental officers in the case of activities in the Antarctic by means of a legislative decree. Non-official table of contents

§ 15 Regular subjects

(1) The Environmental Protection Committee referred to in Article 11 of the Environmental Protocol. The Antarctic Treaty and the Parties to this Protocol are annually
1.
a description of the Procedure in accordance with § § 3 to 14,
2.
a list of approvals according to § 7,
3.
significant Information as a result of the review in accordance with § 14
.(2) The Federal Environment Agency shall keep the information referred to in paragraph 1 available for general inspection. Non-official table of contents

§ 16 Environmental Impact Assessment (EIA) of other contracting parties

(1) Environmental impact assessment documentation provided 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 shall be the opportunity to give an opinion within thirty days.(2) The documents shall be interpreted publicly at the seat of the Federal Environment Agency. The period of interpretation shall be three weeks. Section 9 (1) sentences 2 to 5 and (2) shall apply mutatily.(3) The opinions delivered in a timely way shall be forwarded to the Contracting Parties concerned. Non-official table of contents

§ 17 Preservation of the Antarctic flora and fauna

(1) It is forbidden to enter Antarctica
1.
To kill, hurt, catch or touch mammals or birds, or to plant native plants in to remove or damage such quantities that the distribution or density of these plants is significantly impaired;
2.
on the animal native to Antarctica, harmful effects:
a)
the flying or landing of helicopters or other aircraft in such a way as to disturb bird or seal accumulations;
b)
the use of land and watercraft; including hovercraft vessels and small boats in such a way that bird or seal accumulations are disturbed;
c)
the use of explosives, or Firearms in such a way that bird or seal accumulations are troubled;
d)
the deliberate convoy of fraterous birds, birds in the mouse or bird or bird or bird or bird or bird or bird or bird or bird or bird or bird or bird or bird species. People on foot;
e)
the significant damage to the accumulation of land by the landing of aircraft, the driving of vehicles, by resignation or by other means;
f)
any other act which results in a significant adverse change in the habitat of species or populations of Mammals, birds, plants or invertebrates
(2) In individual cases, the Federal Environment Agency may, in agreement with the Federal Agency for Nature Conservation, grant exemptions from the prohibitions provided for in paragraph 1 of this Article. Approval may only be granted
1.
for the procurement of copies for scientific Investigations or scientific information or
2.
for the procurement of specimens for museums, herbaria, zoological or botanical gardens or for other Educational or cultural institutions or equivalent uses or
3.
as a preventable measure with regard to the inevitable consequences of the establishment and operation scientific support facilities and scientific activities other than those referred to in points 1 and 2.
(3) The granting of authorisations shall be limited to the extent that: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
No more mammals or birds are killed, injured, captured or touched, or plants of nature where it 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 interaction with other approved deprivations-only as many mammals and birds of a local population may be killed as normally replaced by natural propagation in the following season,
3.
the variety of species that are preserved for these species essential habitats, as well as the balance of the ecosystems present in the Antarctic.
(4) All types of 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, possible methods are used which do not lead to death.(5) The authorisation has to designate the issuing authority and the approver as well as the place and date of the approved activity.(6) Each killing, injury, catch or touch of mammals or birds shall be carried out in such a way as to avoid as far as possible pain and suffering of the animals.(7) The Law on the Convention of 1. June 1972 for the conservation of Antarctic seals (BGBl. 90) and the Law on the Convention of 2. December 1946 on the settlement of the Walfanges (BGBl. 1982 II p. 558) shall remain unaffected.(8) The Law on 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. Non-official table of contents

§ 18 Bringing animals and plants to the Antarctic

(1) It is forbidden to spend dogs in Antarctica.(2) If the earth or animals or plants which are not native to the Antarctic are spilled onto the land or the ice shelf or put into the water, the approval shall be required.(3) Paragraph 2 shall not apply to the transfer of food to Antarctica, 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 other respects, § § 21 to 27 of this Act apply.(4) It is forbidden to spend live 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 slaughtered poultry, the movement to Antarctica is prohibited.(5) Authorisations referred to in paragraph 2 may only be granted by the Federal Environment Agency in individual cases 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 spent time in Antarctica before the entry into force of this law has to remove it immediately or dispose of it germ-free by incineration. The Federal Environment Agency may only authorise exceptions if the specimens do not present any danger to the domestic flora and fauna. Non-official table of contents

§ 19 Export monitoring

(1) The Federal Ministry of Finance and the customs offices designated by it shall act on the Monitoring of the export of soil, animals or plants to the Antarctic. The said authorities may stop 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, Nature Conservation and Nuclear Safety, and the Federal Ministry of Education and Research, by means of legal regulation, to give details of the monitoring of the Prohibitions according to § § 17 and 18 are to be regulated. 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 collection of documents. Free samples and samples shall be provided. Non-official table of contents

§ 20 Spins of substances and products

polystyrene beads, polystyrene chips, or similar procured Packaging material as well as polychlorbiphenyls (PCBs) and pesticides must not be transferred to the land or the shelf or introduced into the water. Non-official table of contents

§ 21 Principles of waste prevention and disposal

(1) The generation and disposal of waste in the Antarctic shall be avoided as far as possible.(2) Non-Antarctic waste must not be disposed of in the Antarctic.(3) The disposal of waste on ice-free land and in fresh water systems shall be prohibited. Storage in fresh water systems is also prohibited.(4) Waste removed from Antarctica shall be brought to the Federal Republic of Germany or to another country where arrangements for its disposal have been made 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. Non-official table of contents

§ 22 Removal of waste from the Antarctic

(1) The following waste generated in Antarctica is from Antarctica to remove:
1.
Radioactive substances as defined by the Atomic Energy Act,
2.
electric batteries,
3.
solid and liquid fuels,
4.
Wastes with a harmful content of heavy metals or with highly toxic or otherwise harmful persistent connections,
5.
polyvinyl chloride (PVC), polyurethane, polystyrene foam, rubber, lubricating oils, treated timber and other products containing additives which are harmful in the event of combustion
6.
all other plastic wastes, except for soft polyethylene containers, which are incinerated in accordance with § 23 (1)
7.
Fuel ässer,
8.
Other solid non-combustible wastes,
9.
Residues of cadavers introduced animals,
10.
Laboratory cultures of microorganisms and pathogens plant diseases,
11.
bird products introduced.
(2) The obligation referred to in paragraph 1 shall not apply to waste as referred to in paragraph 1 (9) to (11) when it is incinerated, in Autoclaves are treated or otherwise made 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 in place.(3) It shall be prohibited to dispose of the waste referred to in paragraph 1 in the Antarctic. Unofficial Table Of Contents

§ 23 Waste Incineration

(1) combustible waste that is not removed from the Antarctic is in to treat waste incineration plants in such a way that harmful emissions are avoided as far as possible. The solid residues resulting from the incineration are waste within the meaning of section 22 (1) (8).(2) The incineration of waste in the open air is prohibited.(3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, 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 The Scientific Committee on Antarctic Research (Scientific Committee on Antarctic Research) shall establish emission limit values and technical requirements for installations within the meaning of paragraph 1 by means of a legislative regulation. Non-official table of contents

§ 24 Disposal of liquid waste

(1) Liquid household waste generated in the Antarctic or other liquid waste, not in § As far as possible, waste has to be removed from the Antarctic as far as possible.(2) As far as the waste within the meaning of paragraph 1 may be disposed of in the Antarctic, disposal shall be 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 on known ice flow lines that end in ice-free areas or in areas with high melting point.(3) The disposal of waste within the meaning of paragraph 1 into the sea requires authorisation. Non-official table of contents

§ 25 Field store

Waste generated in field warehouses shall be as far as possible to the support stations or ships Disposal. Non-official table of contents

§ 26 Waste storage

Any waste to be removed or otherwise disposed of from Antarctica shall be stored in such a way that: they can't get into the environment. Non-official table of contents

§ 27 workplaces and waste deposits

(1) Earlier and existing waste deposits on land and abandoned Subject to paragraph 2, workplaces shall be cleaned by the producers of the waste and the users of the facilities and sites. This does not apply to the extent that the removal of buildings or waste would result in greater environmental damage than if the buildings or waste remain in place.(2) Construction works designated as historical sites or monuments may not be removed or altered. Non-official table of contents

§ 28 Planning

(1) The Federal Environment Agency, in consultation with the Alfred Wegener Institute, creates a system of Classification of waste in order to be able to document waste generated in the Antarctic in respect of the activities of persons referred to in Article 3 (1) and to carry out studies on the environmental impact of scientific activities, including those of to facilitate support activities. This system shall at least divide the waste into the following groups:
1.
Waste water and liquid Household Wastes (Group 1),
2.
Other liquid wastes and chemicals, including fuels and lubricants (Group 2),
3.
to burn solid wastes (group 3),
4.
other solid wastes (group 4),
5.
radioactive materials (group 5).
(2) The Federal Environment Agency, in consultation with the Alfred Wegener Institute for the Antarctic Territory, is presenting plans for waste reduction and -disposal and continue to write it on a yearly basis. These plans contain for each fixed station, for each ship, and in general form for field warehouses:
1.
Programs for cleaning existing waste storage sites and workplaces,
2.
About ongoing and planned waste disposal arrangements,
3.
ongoing and planned arrangements for the analysis of the environmental impact of waste and Waste disposal,
4.
other ongoing and planned measures aimed at minimising the environmental impact of waste and waste disposal
For small boats used in the operation of a fixed station or a ship, no separate information as provided for in the second sentence of the second sentence of the second sentence of the second subparagraph shall be required.(3) In the preparation of the plans, existing plans for waste reduction and disposal for ships and stations shall be taken into account.(4) The Federal Environment Agency shall, as far as possible, draw up a list of places of previous activities, indicating, inter alia, crossing paths, fuel depots, field noses, aircraft debris and the like.(5) The plans referred to in paragraph 2 and the reports on their implementation shall be included in the annual exchange of information in accordance with Article 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. In the update of the plans, the Federal Environment Agency shall take into account the advice and proposals of the Committee on Environmental Protection.(6) For each station and place of work, a suitable person shall be appointed to the waste officer. 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 forward annually to the Federal Environment Agency the information which it shall provide in order to carry out the tasks in accordance with the Paragraphs 1 and 2. Non-official table of contents

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

(1) The Federal Ministry for the Environment, Nature protection and reactor safety is authorized, in agreement with the Federal Ministries of Education and Research and for the Economy and Technology, by means of a legal regulation in accordance with the recommendations of the Consultative Meeting of the Antarctic Treaty
1.
Particularly protected areas within the meaning of Article 3 of Annex V of the Environmental Protocol to the Antarctic contract,
2.
specially managed areas within the meaning of Article 4 of Annex V of the Environmental Protocol to the Antarctic Treaty,
3.
to name historical sites and monuments within the meaning of Article 8 of Appendix V of the Environmental Protocol to the Antarctic Treaty
.(2) If the territories referred to in paragraph 1 (1) enter, enter, or overfly the territories referred to in paragraph 1 (1), the authorisation shall be required.(3) Damage, removal or destruction of the historical sites and monuments referred to in the legal regulations referred to in paragraph 1 (3) shall be prohibited. Non-official table of contents

§ 30 Approvals

(1) The Federal Environment Agency may grant exemptions from the prohibition in accordance with Section 29 (2) if the Applicant's intended activity meets the requirements of the management plan drawn up in accordance with Article 5 of Annex V of the Environmental Protocol to the Antarctic Treaty by the Consultative Meeting of the Antarctic States Parties to the Territory . The authorisation shall be accompanied by the relevant sections of the management plan. It shall contain information on the size and location of the area, the approved activities, the approval authority, the date and place of approval, and other conditions laid down in the management plan.(2) Where no management plan is available, authorisation may be granted only if 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 carried out by the marketing authorisation holder during the stay in the area concerned.(4) The Federal Environment Agency shall inform the Contracting Parties and the Committee on the Protection of the Environment by the end of November each year on the number and nature of the period of time of 1. July to 30. Authorisations granted in June. Non-official table of contents

§ 31 Management Plans

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

§ 32 Mining ban

(1) The prospecting, exploration, development or extraction of natural resources in the Antarctic is forbidden.(2) Paragraph 1 shall not apply to scientific research activities. Non-official table of contents

§ 33 Training

(1) The applicant and the person referred to in § 6 paragraph 1 shall ensure that all participants in the Have sufficient knowledge of the environment in the Antarctic and the provisions of this law to be able to do so.(2) The applicant and the person referred to in Article 6 (1) shall seek to ensure that no products of polyvinyl chloride are carried on as possible. To the extent that such products are nevertheless carried, the participants must be particularly aware of these products and the obligation to remove them from the Antarctic later on.(3) The Federal Environment Agency shall provide information materials to all persons who are in the Antarctic or intend to enter it, in order 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. Non-official 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 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 Education and Research in charge of carrying out inspections pursuant to Article 14 of the Environmental Protocol to the Antarctic Treaty and the preparation of the inspection reports.(2) The Federal Foreign Office shall send the inspection reports drawn up pursuant to paragraph 1 and provide opinions pursuant to Article 14 (4) of the Environmental Protocol to the Antarctic Treaty on the inspection reports of other parties to the Antarctic Treaty (3) Anyone who carries out an activity in Antarctica shall be obliged to cooperate with the observers from the Member States of the Antarctic Treaty carrying out the inspection and to give them access to all parts of the stations, facilities, Equipment, ships and aircraft open for inspection under Article VII (3) of the Antarctic Treaty and any records which are required under the Environmental Protocol to the Antarctic Treaty, to be carried out in accordance with Article VII (3) of the Antarctic Treaty. . Non-official table of contents

§ 35 Fees and charges for charges and charges

(1) For individually attributable public services under this law and after the legal regulations based on this law are subject to charges and levies.(2) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in agreement with the Federal Ministry of Economics and Technology, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for Economic Cooperation and Development (BMWB). education and research by means of a legal regulation to determine the facts of the crime subject to charges, and to provide for 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. Non-official table of contents

§ 36 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
performs an activity in Antarctica without permission in accordance with § 3 para. 1;
2.
a legal regulation in accordance with § 5, para. 7, as far as it refers to this fine for a certain amount of action;
3.
contrary to § 17 para. 1 no. 1 an animal kills, injured, catches or touches or plants removed or damaged;
4.
contrary to § 17 para. 1 No. 2, harmful effects on animal and plant life;
5.
contrary to § 18 (1) or 4 sentence 1 spends a dog, live poultry or another living bird into Antarctica;
6.
without authorization pursuant to § 18 para. 2 Earth or an animal or a Spilling plant on land or ice shelf or putting it in the water;
7.
contrary to § 18 para. 4 sentence 3 slaughtered poultry in the Antarctic
8.
contrary to § 18 (5) sentence 2 of the Earth, an animal or plant is not removed or is disposed of germ-free by combustion;
9.
contrary to § 20 polystyrene beads, polystyrene chips or similar packaging materials, polychlorbiphenyls (PCBs) or pesticides to the country or to the Spilled or put in the water;
10.
disposed of waste in violation of § 21 para. 2;
11.
contrary to § 21 para. 3 Waste is deposited or stored;
12.
contrary to § 22 para. 3, waste
13.
burns waste in the open air, contrary to § 23 para. 2;
14.
contrary to § 24 Abs. 2 waste disposed on ice-free land, on sea ice, ice shelf or mainland seis;
15.
without authorisation pursuant to § 24 para. 3 waste into the sea
16.
contrary to § 26 wastes, so stored that they enter the environment;
17.
without Approval pursuant to § 29 (2) of the Legal Regulation pursuant to § 29 (1) no. 1 of the designated areas enter, enter or overfly;
18.
contrary to § 29, paragraph 3 in conjunction with A legal regulation pursuant to section 29 (1) no. 3 damages, removes or destroys a historical site or monument;
19.
contrary to § 32 paragraph 1 Territories Prospected or undertakes, explores, erects or wins, or
20.
does not grant access to observers contrary to § 34, paragraph 3.
(2) The administrative offence can be found in the Cases referred to in paragraph 1 (1) to (6), (8) to (16), (18) and (19) shall be punishable by a fine of up to one hundred thousand German marks and, in the cases referred to in paragraph 1 (7), (17) and (20), with a fine of up to 20 000 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 conduct the Federal flag.(4) Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Federal Environment Agency (Umweltbundesamt) in the cases referred to in paragraph 1 (1), (3) to (20) and, in the cases referred to in paragraph 1 (2), the Federal Maritime and Hydrographic Agency. Non-official table of contents

§ 37 Penal provisions

(1) Imprisonment of up to three years or a fine shall be punishable by a person in accordance with Section 36 (1) of the Criminal Code. 1 No 1 to 4 or 9 to 19 is subject to commercial or habitual operation.(2) A term of imprisonment of up to five years or a fine shall be punishable by a person who is responsible for an act referred to in Article 36 (1) Nos. 1 to 16 or 19 and thereby endangers the health of another animal, plant or other non-belonging to him. damage foreign property of significant value in the Antarctic.(3) The attempt is punishable.(4) Anyone who negligently causes the risk or injury in the cases referred to in paragraph 2 shall be punished with imprisonment of up to one year or a fine.(5) Paragraphs 1 to 4 shall not apply if the deed is threatened with the same or more serious punishment in accordance with Articles 324, 326, 330 or 330a of the Criminal Code. Non-official table of contents

§ 38 confiscation

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

§ 39 Arbitration procedure

The Federal Foreign Office is responsible for the provisions of the Annex to the Environmental Protocol to the Antarctic Treaty regulated arbitration. Non-official table of contents

§ 40 Reporting obligation

The preparation of the annual report under Article 17 of the Environmental Protocol to the The Antarctic Treaty is the responsibility of the Federal Environment Agency. Non-official table of contents

§ 41 Emergencies

(1) The provisions of this law do 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
a)
an activity within the meaning of § 3 para. 1 before the procedure laid down in this 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 the Committee on Environmental Protection over Activities pursuant to Article 7 (2) of Annex I of the Environmental Protocol to the Antarctic Treaty shall be carried out by the Federal Environment Agency.(3) Anyone who carries out an activity in Antarctica in accordance with paragraph 1 shall immediately provide the Federal Environment Agency with the information necessary for the information referred to in paragraph 2. Non-official table of contents

§ 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. The Court of Germany entered into force on the Antarctic Treaty for the Federal Republic of Germany in October 1991.(2) The date of entry into force shall be published in the Bundesgesetzblatt (Bundesgesetzblatt).