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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Read the untranslated law here: http://www.gesetze-im-internet.de/antarktumwschprotag/BJNR259300994.html

Law on the execution of the environmental Protocol of 4 October 1991 to the Antarctic Treaty (environment protection Protocol Implementation Act) AntarktUmwSchProtAG Ausfertigung date: 22.09.1994 full quotation: "environmental protection Protocol Implementation Act of 22 September 1994 (BGBl. I S. 2593), most recently by article 2 paragraph 41 & articles 4 paragraph 26 of the law of 7 August 2013 (BGBl. I p. 3154) is has been modified" stand: last amended by article 2 paragraph 41 and article 4 paragraph 26 G v. 7.8.2013 I 3154 § 5 para 7 and § 6 paragraph 5 of this G are gem. § 42 Para 1 sentence 1 of the 1.10.1994 entered into force *. In addition, the G gem. § 42 paragraph 1 sentence 2 iVm BEK is. v. 10.2.1998 II 299 mWv 14.1.1998 entered into force *.
Learn more about the stand number in the menu see remarks footnote (+++ text detection from: 1.10.1994 +++) § 1 law objectives of this law are the comprehensive protection of the Antarctic environment and dependent and associated ecosystems and the preservation of Antarctica as a natural reserve devoted to peace and science.

Section 2 definitions, do's and Don'ts (1) within the meaning of this law are: 1. Antarctica: area south of 60 degrees of South latitude.
2. activity: Expeditions, travel, supply trips and flights, inspections and other activities in which or in Antarctica as well as the construction, modification, removal or operation of scientific stations and other installations and facilities, which are organized in the Federal Republic of Germany or go out of their territory. The activity includes any change of activity;
3. screening: preliminary assessment of the environmental effects referred to in article 2 of annex I of the environmental Protocol to the Antarctic Treaty;
4. environmental impact assessment: the comprehensive assessment of the environmental effects referred to in article 3 of annex I of the environmental Protocol to the Antarctic Treaty;
5. waste: movable property, even liquid and gaseous, which the owner intends, or ordered disposed to promoting the welfare of the general public, in particular the protection of the environment is available, or are arranged according to § 9a, para 1 No. 2 of the Atomic Energy Act to eliminate radioactive residues, as well as expanded or dismantled radioactive equipment.
(2) in sections 17, 18, 20 to 24, 26, 29, 32 and 34 and in regulations according to § 5 paragraph 7 do referred to's and Don'ts apply to participants of an activity referred to in paragraph 1 No. 2 and for natural persons domiciled or habitually resident in the territory of the Federal Republic of Germany.

§ 3 general authorisation (1) any activity after section 2 para 1 No. 2, which is carried out other individuals residing or ordinarily resident in the territory of the Federal Republic of Germany, 3 legal entities or not legal person associations with Office in the territory of the Federal Republic of Germany, 4 foreign legal entities or not incorporated associations, 1 German nationals, 2 requires a permit. Approval shall be requested from the Federal Environmental Agency in writing or electronically. Foreign legal persons must appoint a person within the meaning of the numbers 1 through 3, considered the applicants within the meaning of this Act. For a group of people who want to carry out an activity together, an all participants detected may be approved after the sections 14 to 21 of the Administrative Procedure Act the applicant as authorized. For similar activities are regularly conducted in Antarctica, a permit for a certain period of time may be granted but no more than for a year.
(2) any permit referred to in paragraph 1 must be: 1. activities approved by another Contracting Party of the environmental Protocol to the Antarctic Treaty;
2. ship movements, which occur only for the purpose of transit through Antarctica, without that objectives in Antarctica are controlled;
3. activities, the directly affect the exploration or use of Antarctic Seals under the Act to the Convention of 1 June 1972 on the conservation of Antarctic seals (BGBl. 1987 II p. 90) apply;
4. activities, focusing directly on the research or use of living marine resources under the Act to the Convention of 20 May 1980 on the conservation of Antarctic marine living resources (BGBl. 1982 II p. 420) apply.
(3) the Federal Environmental Agency is to inform about activities referred to in paragraph 2.
(4) the permit may only be issued, if the activity in the Antarctic No 1 adverse effects on climate or weather conditions, 2. substantial adverse effects on the air or water quality, 3. substantial changes in the atmospheric, land, water, glaciers or marine environment, 4. harmful changes in the distribution, frequency, or productivity of animal or plant species or their populations, 5 additional dangers for vulnerable or endangered species or their populations , 6 injury or considerable risk in the areas of biological, scientific, historic, aesthetic significance or the areas get 7 other significant impairments of the environment and dependent and associated ecosystems can be with original character.
(5) includes the intended activity to actions which are prohibited according to § 17 para 1, § 18 para 2 and 4 or § 29 par. 2 and 3, approval may be granted only if par. 1 and 2 the conditions referred to are satisfied in § 17 paragraph 2, 3 and 4, § 18 par. 5 or § 30. In this case is the marketing authorization granted under section 3 as approval pursuant to §§ 17, 18 and 29 (6) for wastes that are transported, pursuant to § 21 para 4 in the Federal Republic of Germany has a proof of the proposed disposal according to sections 8 and 12 of the waste and residual substances monitoring regulation of 3 April 1990 the applicant (BGBl. I p. 648) or according to § 9a of the Atomic Energy Act of December 23, 1959, as amended by the notice of July 25, 1985 (Federal Law Gazette I p. 1565) to lead.
(7) the approval may be granted under terms and conditions. It is limited in time. It can be after they were granted under consideration with the legitimate concerns of the beneficiary wholly or partially revoked or provided with conditions as far as become aware of facts that get let that the activity will have impact according to § 3 para 4.
(8) the Federal Environmental Agency decides on the granting of approval. It catches up with the statements of the authorities before the decision, whose remit will be affected by the activity. Before the decision, opportunity to submit its observations to give is the Alfred Wegener Institute for Polar and marine research.

§ 4 General procedure (1) the applicant must describe the planned activity in the individual establishing his permit application and also specify whether it is expected to have effects on the protection referred to in article 3, paragraph 4, and which protected goods are expected to be affected. Indicating that the activity will have no effect on this protection, shall be justified.
(2) documents, the business or trade secrets or personal data included, are to mark the subject and to submit separately. Content that is, as far as it can be done without divulging the secrets and protected data, is by the applicant as detailed to represent, that it is possible for Einsichtnehmenden to be judged, whether and to what extent to expect an impairment of the protection referred to in article 3, paragraph 4. The Federal Environmental Agency considers unjustified, the marking of documents as a business or trade secrets so it has before the decision on the interpretation of these documents to hear the applicant.
(3) the Federal Environmental Agency evaluated due to existing or the documents provided pursuant to paragraph 1, whether minor or temporary effects, 3 more than just minor or temporary effect on the protection referred to in § 3 para 4 get less than minor or temporary effects, 2. allows the activity 1. The Federal Environmental Agency stating its assessment to the applicant and informed him about the further procedure.
(4) in the case of paragraph 3 No. 1, the federal environmental agency granted approval without conducting a Umwelterheblichkeits - and environmental impact assessment within six weeks.
(5) in the case of paragraph 3, no. 2 or 3 shall inform the applicant about the necessity of a screening pursuant to § 7 or an environmental impact assessment pursuant to section 8 the Federal Environmental Agency. The Federal Environmental Agency to discuss the subject, scope and methods of environmental impact assessment, as well as other questions significant for the implementation of the environmental impact assessment with the applicant. To do this, other authorities, experts, and third parties can be consulted. The Federal Environmental Agency to inform the applicant about the expected scope of an environmental impact assessment, as well as type and scope of documents expected to be proportionate. The Federal Environmental Agency has information that are useful for the production of documents, it should provide this information the applicant.

§ 5 is prevention of sea pollution (1) in the context of an activity within the meaning of section 2 para 1 No. 2 used a ship, so the Federal Environmental Agency included in its approval with regard to the threats posed by maritime transport for the marine environment an opinion of the federal maritime and hydrographic Agency. Deviations from this opinion shall be reasoned.
(2) No. 2 a ship used in the context of an activity within the meaning of § 2 para 1 under a foreign flag, so the opinion of the federal maritime and hydrographic Agency also the statement includes, whether the requirements of § 3 para 4 exist with regard to the traffic and operational safety of the vessel.
(3) which shall apply paragraphs 1 and 2 in the case of article 14, paragraph 2, and article 16 (4) do not touch the paragraphs 1 to 3: 1 the Lake task Act, 2 the Salian law, 3 the law on the transport of dangerous goods, as well as the regulations adopted on the basis of these laws.
(5) the applicant shall ensure that in the context of an activity within the meaning of section 2 para 1 No. 2 run records of all ship operation waste and wastewater including all contributions and discharges into the marine environment, as far as these records are not mentioned in the context of the application of the International Convention of 1973 for the prevention of pollution from ships and the Protocol of 1978 thereto. The records shall be provided to the federal maritime and hydrographic Agency on request.
(6) the applicant shall inform the federal maritime and hydrographic Agency immediately about contributions and introductions in an emergency in connection with the safety of the ship and of persons on board or saving life at sea. The federal maritime and hydrographic agency forwards this information to the Federal Environmental Agency. The Federal Environmental Agency teaches the contributions conducted pursuant to sentence 1 and discharges the Contracting Parties of the Protocol of environmental protection and the environmental protection Committee under article 11 of the environmental Protocol to the Antarctic Treaty.
(7) the Federal Ministry of transport, building and urban development is hereby authorised, in agreement with the Foreign Affairs by Legislative Decree 1 relating to the discharge of noxious liquid substances or other chemical or other substances referred to in article 4 of annex IV of the environmental Protocol to the Antarctic Treaty to adopt Office and the Federal Ministry for environment, nature conservation and nuclear safety for the implementation of annex IV of the environmental Protocol to the Antarctic Treaty , Adopted 2. rules concerning the use of waste referred to in article 5 of annex IV of the environmental Protocol to the Antarctic Treaty, 3. to introduce rules on the discharge of waste referred to in article 6 of annex IV of the environmental Protocol to the Antarctic Treaty.
(8) the offence against the provisions of the International Convention of 1973 for the prevention of pollution from ships and the Protocol of 1978 thereto, including through legislative decree referred to in article 2 No. 1 of the law of December 23, 1981 to the International Convention of 1973 for the prevention of marine pollution from ships and the Protocol of 1978 thereto (BGBl. 1982 II p. 2) respectively into force version , can a members of the persons referred to in section 2 paragraph 2 even punished are, when it is committed on or from a ship that is not entitled to fly the flag of the Federal.
(9) the monitoring of the provisions of annex IV of the environmental Protocol to the Antarctic Treaty is the federal maritime and hydrographic Agency. The Federal Environmental Agency must be informed about measures.
(10) stricter rules under the Act of December 23, 1981, to the International Convention for the prevention of pollution from ships, 1973 and the Protocol of 1978 thereto (BGBl. 1982 II p. 2) and the Act to the Convention by the February 15, 1972 and December 29, 1972, for the prevention of marine pollution by the dumping of waste from ships and aircraft (BGBl. 1977 II p. 165) on the protection of the marine environment, apply.

§ 6 research activities (1) serving activities of scientific research in the Antarctic and its implementation or preparation activities, allowing no. 1 get only less than minor or temporary impact according to § 4 para 3 are by way of derogation from article 3, paragraph 1 the Federal Environmental Agency no later than 3 months before the start in writing or electronically display. The display has to demonstrate that the activity will have only less than minor or temporary effects on the protection of § 3 para 4. Article 4, paragraph 1 shall apply mutatis mutandis.
(2) the logical_test mentioned protection get only less than minor or temporary effect on that in section 3, subsection 4 letting the displayed activity, applies section 4 para 4 according to. The federal environmental agency within six weeks after receipt of the notification is not expressed deemed approval.
(3) activities of scientific research in the Antarctic and serving their implementation or preparatory activities, the minor or temporary effect have no. 2 or more than minor or temporary impact no. 3 according to § 4 para 3 according to § 4 para 3, subject to authorization according to § 3 (1) this Act. The federal environmental agency determines that an activity shown in paragraph 1 meets the conditions of § 4 para 3 No. 2 or 3, the display is regarded as application for approval according to § 3 paragraph 1 (4) testing an activity of scientific research or its implementation or preparation serving activity that meets the conditions of § 4 para 3 No. 2 or 3 , the Federal Environment Agency takes into account the assessment of the activity by a Committee of independent scientific experts appointed jointly by the Foreign Office, the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of education and research. Deviations from this assessment shall be reasoned.
(5) the Federal Ministry for environment, nature conservation and nuclear safety is entitled to regulate the composition, appointment and procedures of the Commission in agreement with the Ministry of Foreign Affairs and the Federal Ministry of education and research by means of an Ordinance.

§ 7 licensing with screening are (1) activities, which are expected to at least slight or temporary effects have to undergo if the Federal Environmental Agency does not consider an EIA on the basis of its assessment pursuant to section 4, paragraph 3, sentence 1 to required a screening. To do this, has the applicant to submit documents containing the following information: 1 a description of the intended activity including its purpose, its place and expected impact area, their duration and intensity and 2 a description of the alternatives to the intended activity and of all projected impacts of intended activity including cumulative impacts with regard to ongoing and known planned activities.
(2) testing indicates that the activity mentioned protection get only minor or temporary effects on the § 3 ABS. 4 can be, is the permission to grant. It is to connect with conditions or under conditions to adopt, as far as this is necessary to ensure that the requirements of this Act are met.
(3) the result of the screening is in the grounds of the permission to record.
(4) the Federal Environmental Agency has permission to make documents available also the opinion of the Commission pursuant to paragraph 1 including the description according to § 4 paragraph 2 sentence 2 with the exception of documents according to section 4, paragraph 2, sentence 1, and in the case of § 6 para 4 on request.

Section 8 authorization procedures with environmental impact assessment (1) activities which can expect more than minor or temporary effects, require an environmental impact assessment.
(2) the environmental impact assessment is a dependent part of the procedure for the granting of approval. It serves the identification, protection goods description and assessment of the impact of the activity on the § 3 section 4 of the Act. It is performed with the involvement of the public according to the provisions of this Act.
(3) this has the applicant to submit a study of the activity and its environmental impact in German and English language which shall contain in particular the following information: 1. a description of the proposed activity, including its purpose, their place and expected impact area, their duration and intensity, as well as a description of possible alternatives to the activity including the alternative, to refrain from the activity, and the consequences of these alternatives;
2. a description of the condition of the environment in the impact area of activity, with the predicted changes are to compare and a forecast of the future state of this environment in the event of the failure of the proposed activity;
3. a description of the methods and data that were used to determine the likely impact of the proposed activity;
4. a description of the nature, the extent, duration and intensity of the estimated direct impact of the proposed activity;
5. a description of the potential indirect impact of the proposed activity;
6. a description of the cumulative effects of the proposed activity in terms of current and known planned activities;
7.
the specification of measures including monitoring programmes, which could be taken to limit the impact of the proposed activity to a minimum or to alleviate and unforeseen consequences to determine and which are at an early stage to respond information on adverse effects of activities to maintain and quickly and effectively to accidents;
8. the specification of the undeniable effects of the proposed activity;
9. a description of the effects of the proposed activity on conducting scientific research and on other existing uses and values;
10 information on gaps in knowledge and uncertainties encountered in collecting the information required under this paragraph;
11. a comprehensible summary of the information provided under this paragraph;
12 name and address of the person or organization that has submitted the investigation, and the address to the opinions that are.

§ 9 the request for approval and the investigation are public interpretation, objections (1) according to § 8 section 3, be interpreted according to § 4 paragraph 2 sentence 1, at the headquarters of the Federal Environmental Agency ninety days for inspection with the exception of the documents. During the display period objections to the investigation can be dispensed at the Federal Environmental Agency in writing, electronically, or the transcript. Written or electronic objections should be submitted in English. Is a translation is not immediately brought into the English language, so the Federal Environmental Agency at the expense of the objector itself may require such procure and of this for this an advance in the amount of costs expected to be incurred. The objection period, all objections are excluded.
(2) the Federal Environmental Agency has at least three weeks previously in the Federal Gazette publicly to make known the interpretation. In the notice, it is pointed out, 1 where and when the application for approval and the documents are designed according to § 8 para 3 for inspection;
2. that objections with the Federal Environmental Agency are to raise during the display period and that late objections for discussion and decision shall be disregarded.
(3) after expiry of the term the timely raised objections to the application for a permit with the applicant and the objectors are to be discussed.

§ 10 informing the parties of the environmental Protocol to the Antarctic Treaty and the Committee for environmental protection (1) which is investigation according to § 8 para 3 each Contracting Party of the environmental Protocol to the Antarctic Treaty submitted. The delivery is to point out that any statements to make are within a period of ninety days.
(2) the investigation will be submitted to the Committee for environmental protection within the meaning of article 11 of the environmental Protocol to the Antarctic Treaty according to § 8 para 3.

§ 11 advice may be decided only by a consultative meeting of the Antarctic Treaty (1) parties of of contracting on the application for approval of an activity of that an environmental impact assessment is required pursuant to section 8, if a consultative meeting of the Antarctic Treaty parties had ample opportunity to check the documents according to § 8 para 3. Sufficient opportunity to test only exists if the investigation went to the Committee for environmental protection of at least owners days before the consultative meeting § 8 section 3. The Federal Environmental Agency has to wait for the opinion of the consultative meeting before the decision and to take them into account in its decision.
(2) paragraph does not apply 1 sentence 1, if no Consultative Conference will be held within 15 months after receipt of the documents to the Committee for environmental protection or the consultation of the documents cannot be completed within this period.

§ 12 the Federal Environmental Agency for environmental impact assessment (1) prepared on the basis of research according to § 8 para 3, the opinions of other Contracting Parties of the environmental Protocol to the Antarctic Treaty approval, the opinion of the consultative meeting of the Antarctic Contracting States, the opinions of others and of the objections is a summary of the effects of activities on the protection referred to in article 3 par. 4 of this Act including the interactions. The results of our own investigations are to be included. The collected opinions of other bodies and the objections are be presented separately.
(2) more than just minor or temporary effects on the in the article 3 par. 4 are from the action protection referred to to get the approval may only be issued, if conditions or conditions to ensure that the requirements of this Act are met.
(3) in establishing the approval is an assessment of the expected drawbacks when compared to the benefits of planned activity to record. The Federal Environmental Agency is different from the outcome of the investigation or opinions of other bodies or consultative meeting of the Antarctic Treaty States, the reasons for this are to represent. The finding about the traffic and operational safety of vessels according to § 5 para 2 shall remain unaffected.

Article 13 article 11 of the environmental Protocol to the Antarctic Treaty on diplomatic way to transmit are informing third (1) authorisations pursuant to article 12 paragraph 2 with justification and all relevant documents 1 at the headquarters of the Federal Environmental Agency for general inspection ready, 2. the Contracting Parties of the environmental Protocol to the Antarctic Treaty and the environmental protection Committee in accordance with. The date of delivery is communicated to the applicant.
(2) an activity for which an approval has been granted pursuant to article 12 paragraph 2, may only be continued after sixty days of submission of the documents referred to in paragraph 1 of the Antarctic Treaty parties.

Article 14 monitoring and review (1) the Federal Environmental Agency is responsible for monitoring compliance with this Act and the granted.
(2) the Federal Environment Agency checked at regular intervals, what environmental effects caused by activities which have been approved according to § 4, 6, 7 or 12 of the Act. It assesses to what extent these effects with the environmental Protocol to the Antarctic Treaty in line.
(3) the Federal Ministry for environment, nature conservation and nuclear safety is authorized, in consultation with the Ministry of Foreign Affairs and the Federal Ministry of education and research by legislative decree to regulate the design of the monitoring, the cooperation with the other authorities here and the setting up of environmental activities in the Antarctic.

§ 15 regular briefings (1) the Committee for environmental protection according to article 11 of the environmental Protocol to the Antarctic Treaty and the parties to this Protocol are annually 1. a description of the process according to the articles 3 to 14, a 2nd list of authorisations according to § 7 to submit 3. significant information as a result of the review pursuant to § 14.
(2) the Federal Environmental Agency has the General insight to provide information referred to in paragraph 1.

§ 16 environmental assessment of other Contracting Parties (1) are documents relating to environmental impact assessment, submitted by other Contracting Parties of the environmental Protocol to the Antarctic Treaty, by the Federal Environmental Agency in § 3 para 8 to submit to the mentioned point. Opportunity to comment within thirty days from the is this to give.
(2) the documents shall be interpreted publicly at the headquarters of the Federal Environmental Agency. The comment period is three weeks. § 9 para 1 sentence 2 to 5 and paragraph 2 finds appropriate application.
(3) in a timely manner delivered opinions are to forward to the parties concerned.

§ 17 conservation of Antarctic fauna and Flora (1) it is prohibited in the Antarctica 1 to kill mammals or birds, hurting, to catch or to touch or to remove native plants in such quantities or to damage that distribution or density of the plants severely;
2. that in the Antarctic native flora or fauna harmful to affect; deemed to be harmful effects: a) the flying or landing of helicopters or other aircraft in such a way that bird - or accumulations of seals; worries
(b) the use of land and water vehicles, including hovercraft vessels and small boats in a manner that bird - or accumulations of seals; worries
(c) the use of explosives or firearms in a manner that bird - or accumulations of seals; worries
(d brütender) deliberate disturbance birds, in the Mauser or birds or seals accumulations by people on foot;
(e) the significant harm by accumulations of land plants by landing aircraft, the driving of vehicles, by pressing or otherwise;
(f) an other Act that leads to a significant adverse change in the Habitat of species or populations of mammals, birds, plants or invertebrates.
(2) the Federal Environmental Agency may approve exceptions from the prohibition of in paragraph 1 in each case in consultation with the Federal Office for nature conservation in the context of § 3 para 1. A permit may only be issued 1st for the procurement of copies for research or for scientific information or 2.
for obtaining specimens for museums, herbaria, Zoological or botanical gardens or for other educational or cultural institutions or appropriate uses 3 as a precautionary measure with regard to the inevitable consequences of the establishment and operation of scientific support facilities, as well as scientific activities not covered by points 1 and 2.
(3) the granting of authorisations is to restrict, as are 1 mammals or birds are no longer killed, injured, taken or touched, or plants of nature may be removed as is strictly necessary for the purposes mentioned in paragraph 1, 2. only a small number of mammals or birds may be killed and - also in combination with other approved withdrawals - only so many mammals and birds a local population may be killed as usual through natural reproduction in the following Season be replaced, 3. the diversity of species, the habitats essential for these types, as well as the balance of ecosystems existing in the Antarctic remain.
(4) all species of the genus Arctocephalus (fur seals), and Ommatophoca rossii (Ross seal) are under special protection. A permit for killing, injuring, trapping or touch these species may be granted only for a compelling scientific purpose when the survival or recovery of the species or the local population not at risk and, as far as possible, methods, that do not lead to death.
(5) the approval has to call the issuing authority and permit recipients as well as place and time of the approved activity.
(6) every killing, injuring, trapping or touching of mammals or birds has to be carried out, as far as possible be avoided the pain and suffering of animals.
(7) the law to the Convention of 1 June 1972 on the conservation of Antarctic seals (BGBl. 1987 II p. 90) and the law on the Convention of December 2, 1946, for the regulation of Whaling (BGBl. 1982 II p. 558) remain unaffected.
(8) the law to the Convention of 20 May 1980 on the conservation of Antarctic marine living resources (BGBl. 1982 II p. 420) remains unaffected, as far as the by-catch of birds is affected.

Movement of animals and plants in the Antarctic (1) it is forbidden § 18 to spend dogs in the Antarctic.
(2) a person who on the land or the ice shelf spends Earth or animals or plants that are not native to the Antarctic, or introduces into the water, the consent.
(3) paragraph 2 shall not apply to the movement of food in the Antarctic where no living animals will be spent for this purpose and all plant and animal parts and products are constantly monitored. Not eaten poultry is to remove from the Antarctic or sterile to be disposed of by burning. In addition the paragraphs 21 to 27 of the Act apply.
(4) it is prohibited to spend live poultry or other living birds in the Antarctic. Slaughtered poultry for shipment to Antarctica should be examined for traces of diseases such as Newcastle disease, tuberculosis or fungal infection. Traces of diseases detected in slaughtered poultry the spend in Antarctica is prohibited.
(5) referred to in paragraph 2, the Federal Environmental Agency in the particular case may provide permits only in so far as it is ground for experimental purposes or to crops or laboratory animals and plants, including viruses, bacteria, yeasts and fungi. Before the expiry of the approval are to remove spent Earth, animals and plants from the Antarctic or sterile to be disposed of by burning. This obligation is to hold in the permit notification.
(6) a person who without permission in the Antarctic spends not native animals or plants or soil or spent before entry into force of this Act in the Antarctic, has to remove them immediately or sterile to be disposed of by burning. The Federal Environmental Agency may only approve exceptions if the copies for the native flora and fauna poses no threat.

§ 19 export monitoring (1) the Federal Ministry of finance and the Customs offices designated by him in monitoring the export of Earth, animals, or plants to the shipment in the Antarctic join. The authorities can Earth, animals and plants including their transport and packaging export stop.
(2) the Federal Ministry of finance is authorised to regulate the details of the monitoring of the prohibitions in agreement with the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of education and research by Regulation pursuant to §§ 17 and 18. It may impose particular obligations to the display, registration, information and the performance of services, as well as to the tolerance of the consultation in business papers and other documents and the toleration of visits and withdrawals of free patterns and samples.

Transportation of materials and products of polystyrene beads, polystyrene chips or similar purchased packing materials and polychlorobiphenyls (PCBs) and pesticides may not be article 20 on the land or the ice shelf will be spent or in the water.

§ 21 principles of prevention and disposal of waste (1) are the creation and disposal of waste in the Antarctic to avoid as much as possible.
(2) waste generated outside the Antarctic may not be disposed in the Antarctic.
(3) the disposal of waste on ice-free land areas and in fresh water systems is prohibited. In fresh water systems, the storage is prohibited.
(4) waste, be removed from the Antarctic, are in the Federal Republic of Germany or another country to spend, in which measures have been taken for their elimination in accordance with relevant international conventions. As far as they are spent in the Federal Republic of Germany, § 13 of the waste law remains unaffected. § 14 para 3 of the Radiation Protection Ordinance does not apply.

§ 22 removal of waste from the Antarctic (1) are the following waste generated in the Antarctic to remove from Antarctica: 1. radioactive substances within the meaning of the Atomic Energy Act, 2 electric batteries, 3. solid and liquid fuels, 4. waste containing harmful heavy metals and highly toxic or otherwise harmful persistent compounds, 5 polyvinyl chloride (PVC), polyurethane, polystyrene foam, rubber, lubricating oils, treated timber and other products , the additives contain what emissions during combustion can cause.
6. all other plastic wastes; excepted from this are 9 residues of carcasses of contributed animals, 10 laboratory cultures of micro-organisms and pathogens of introduced diseases, 11 bird products, soft polyethylene containers, which are burned in accordance with article 23, paragraph 1, 7 Brennstoffässer, 8 other solid non-combustible waste.
(2) the obligation does not apply no. 9 to 11 referred to in paragraph 1 to waste referred to in paragraph 1, when she burned, treated in autoclave or otherwise sterile supplies are made. It does not apply number 7 and 8 also for waste within the meaning of paragraph 1, if the removal of such waste would have greater environmental impacts result than if they remain in place.
(3) it is prohibited to get rid of the waste referred to in paragraph 1 in the Antarctic.

Section 23 (1) combustible waste that cannot be removed from the Antarctic, are waste incineration to treat as much as possible to avoid damaging emissions in waste incineration plants. The solid residues resulting from the combustion of are hazardous waste in the sense of § 22 para 1 No. 8 (2) the burning of waste outdoors is prohibited.
(3) the Federal Ministry for environment, nature conservation and nuclear safety shall be authorised, taking into account the relevant recommendations of the Committee for environmental protection according to article 11 of the environmental Protocol to the Antarctic Treaty and the Scientific Committee on Antarctic Research (Scientific Committee on Antarctic Research) to set by regulation emission limits and technical requirements for systems within the meaning of paragraph 1.

Disposal of liquid waste (1) in the Antarctic section 24 liquid household waste generated or other liquid wastes enumerated in article 22, paragraph 1, are as far as possible to remove from the Antarctic.
(2) where the waste within the meaning of paragraph 1 in the Antarctic may be disposed of, the disposal on ice-free land, sea ice, ice and land ice is prohibited. For substances produced by stations that are built on ice or land ice, sentence 1 does not apply if fabrics in deep ice pits are disposed of, and this is the only possible way of disposal. These pits must be on known ice-flow lines, which end in ice-free areas or in areas with high deposition activity.
(3) the disposal of waste within the meaning of paragraph 1 in the Sea requires approval.

§ 25 field camps field camps are generated waste wherever possible to bring the support stations or Croatia to the disposal.

All from the Antarctic to remove 26 waste storage or waste to be disposed otherwise are to store that they can not get into the environment.

§ 27 workplaces and Abfallagerstätten
(1) previous and existing Abfallagerstätten land and abandoned work sites are subject to paragraph 2 of the producers of the waste and the users of the equipment and facilities to clean. This does not apply, the removal of structures or waste would have greater environmental impacts result than if left in the structures or waste on the spot.
(2) buildings, which are designated as historical sites or monuments, may not be removed or changed.

§ 28 planning (1) the federal environmental agency created in consultation with the Alfred-Wegener-Institute a system of waste classification, to waste arising from activities of the persons referred to in article 3, paragraph 1 in Antarctica, to be able to document and research about the environmental impact of scientific activities including facilitating of support activities. This system classifies the waste at least into the following groups: 1. sewage and liquid waste (Group 1), 2 solid waste to distance other liquid wastes and chemicals, including fuel and lubricants (Group 2), 3 (Group 3), 4. other solid wastes (Group 4), 5. radioactive substances (Group 5).
(2) the Federal Environment Agency provides waste reduction and disposal plans in consultation with the Alfred-Wegener-Institute for the area of Antarctica and revises it annually. These plans contain for each permanent station, for each ship, and in general terms for field camps: 1. programs to the Abfallagerstätten cleaning of existing and abandoned work sites, 2. to restrict information on current and planned measures for waste disposal, 3. ongoing and planned measures for analysing the environmental impact of waste and waste disposal, 4. other ongoing and planned measures with the aim of, the environmental impact of waste and waste disposal to a minimum.
For small boats, which are used in the operation of a fixed station or a vessel, no separate information is required pursuant to sentence 2 No. 1 to 4.
(3) when drawing up the plans, existing plans on waste reduction and disposal for ships and stations are taken into account.
(4) the federal environmental agency created a list of places of previous activities, indicating among other things crossing routes, fuel depots, field bases, aircraft debris and the like, as far as possible.
(5) the plans referred to in paragraph 2 and the reports on their implementation are to include paragraph 5 of the Antarctic Treaty in the annual exchange of information referred to in articles III and VII. In addition, they are together with the directory pursuant to paragraph 4, to provide the environmental protection Committee under article 11 of the Protocol of environmental protection. In updating the plans, the Federal Environmental Agency has taken into account the remarks and proposals of the Committee for environmental protection.
(6) for each station and work site, a suitable person to the waste officer is appointed. The drop of Ombudsman monitors the implementation of plans on waste reduction and disposal and submit proposals for its updating; He transmitted the information that this needs to perform the tasks pursuant to paragraphs 1 and 2 the Federal Environment Agency annually.

Section 29 is authorized protection and management of areas, historic sites and monuments (1) the Federal Ministry for environment, nature conservation and nuclear safety, in agreement with the Federal Ministry of education and research and for economy and technology by Decree according to 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 Treaty, 2. especially V of the environmental Protocol to the Antarctic Treaty managed areas within the meaning of article 4 of the annex , to designate 3. historical sites and monuments within the meaning of article 8 of annex V of the environmental Protocol to the Antarctic Treaty.
(2) a person who in legal regulations referred to in paragraph 1 No. 1 areas referred to that enters, enters or flies over, requires approval.
(3) the damage, remove, or destroy in regulations referred to in paragraph 1 is prohibited listed no. 3 historic sites and monuments.

Exceptions from the prohibition laid down by article 29, paragraph 2 § 30 approve permits (1) that federal environmental agency can, if the activity proposed by the applicant meets the requirements of the management plan, which was created in accordance with article 5 of annex V of the environmental Protocol to the Antarctic Treaty by the consultative meeting of the Antarctic Treaty States for the area. The relevant sections of the management plan to be attached are the approval. It contains information on size and location of the area, shall designate the approved activities, approval authority, date and place of birth, as well as other conditions set out in the management plan.
(2) a management plan exists, a permit may only be issued, if the intended activity is compelling scientific purposes can be fulfilled elsewhere, and the intended activity represents no danger to the natural eco-system in the area concerned.
(3) the permit is to be carried by the marketing authorisation holder during the stay in the territory.
(4) the Federal Environment Agency informed the parties and the Committee for environmental protection until end of November every year on the number and type of permits granted which in the period from 1 July to 30 June.

§ 31 management plans for the preparation of management plans in accordance with article 5 of annex V of the environmental Protocol to the Antarctic Treaty is responsible for Polar - and marine research the Federal Environmental Agency in consultation with the Alfred-Wegener-Institut.

§ Banned 32 mining prohibition (1) which is prospecting, exploration, extraction or production of mineral resources in Antarctica.
(2) paragraph 1 does not apply to scientific research activities.

Section 33 training (1) the applicant and the according to § 6 ABS. 1 display have to ensure that all participants of the action under appropriate training have sufficient knowledge with regard to environmental protection in Antarctica and the provisions of this Act.
(2) the applicant and the display according to § 6 para 1 have to participate if possible no products made of polyvinyl chloride to be accompanied. Provided such products are still carried, participants need to be pointed out especially on these products and on the obligation to remove them from the Antarctic later.
(3) the Federal Environment Agency provides all persons who reside in Antarctica or intend to enter, information materials available, to ensure that they understand the provisions of §§ 17, 18 and 29 and follow. This information should lead in particular prohibited activities and include lists of specially protected species, the specially protected and managed areas as well as the historic sites and monuments.

§ 34 inspection (1) the Foreign Ministry is responsible for conducting inspections in accordance with article 14 of the environmental Protocol to the Antarctic Treaty and the creation of the inspection reports in consultation with the Federal Ministry of Economics and technology, the Federal Ministry of transport, building and urban development, the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of education and research.
(2) the Foreign Ministry sent the inspection report prepared in accordance with paragraph 1 and makes comments in accordance with article 14 para 4 of the environmental Protocol to the Antarctic Treaty for the other parties to the Antarctic Treaty inspection reports.
(3) a person who carries out an activity in the Antarctic, is obliged to cooperate with the observers carrying out the inspection in the Member States of the Antarctic Treaty and to give them access to all parts of stations, facilities, equipment, ships and aircraft, which pursuant to article VII sec. 3 of the Antarctic Treaty inspection are available, as well as to all listed records required as a result of the environmental Protocol to the Antarctic Treaty are.

Section 35 fee and delivery control (1) for individually attributable public services pursuant to this Act and the regulations based on this law be fees and expenses.
(2) the Federal Ministry for environment, nature conservation and nuclear safety is authorized, in consultation with the Federal Ministry of education and research, the Federal Ministry of Economics and technology and the Federal Ministry of transport, building and urban development Ordinance closer to determine the chargeable offences and to provide for this fixed rates, or frame rates. It should be waived individually attributable public services pursuant to this Act, relating to scientific research, from charging of fees and costs.

Section 36 penalty provisions (1) any person is who intentionally or negligently an activity in Antarctica performs 1 without approval according to article 3, paragraph 1;
2. a legal regulation contravenes pursuant to § 5 para 7, insofar as it refers to this penalty provision for a particular offence;
3. contrary to article 17, paragraph 1 No. 1 kills an animal, injured, begins, or touched, or plants removed or damaged.
4. contrary to article 17, paragraph 1, no. 2 on the flora and fauna harmful acts;
5. contrary to article 18, paragraph 1 or 4 sentence 1 spends; a dog, live poultry, or an other living birds in the Antarctic
6.
without permission according to § 18 para 2 Earth or an animal or a plant on the land or the ice shelf spends or brings in the water;
7 spends contrary to § 18 para 4 sentence 3 slaughtered poultry in the Antarctic;
8. contrary to article 18, paragraph 5, sentence 2 Earth, an animal or a plant not removed or sterile disposed of by incineration;
9. contrary to article 20 polystyrene beads, polystyrene chips or similar purchased packing materials, polychlorobiphenyls (PCBs) or pesticides on the land or the ice shelf spends, or introduces into the water;
10. contrary to § 21 para 2 waste disposal;
11 contrary to § 21 para. 3 waste deposited or stored;
12. contrary to article 22 para. 3 waste disposed;
13 contrary to section 23 para 2 burns waste outdoors;
14 contrary to section 24 para 2 waste disposal on ice-free land, sea ice, ice shelves or mainland ice;
15. without permission according to § 24 para 3 disposed of waste in the sea;
16. contrary to article 26 waste so stores that enter the environment;
17. without permission according to § 29 par. 2 in the Legislative Decree mentioned areas enters no. 1 according to article 29, paragraph 1, enters or flies over;
18 contrary to section 29 para 3 in connection with a legal regulation according to § 29 par. 1 No. 3 damaged a historic site or a monument, removed or destroyed;
19 contrary to § 32 para 1 areas prospected or mineral resources explored, opens up or WINS or 20th contrary to § 34 paragraph 3 no access granted observers.
(2) the offence may in the cases of paragraph 1 No. 1 to 6, 8 to 16, 18 and 19 with a fine up to one hundred thousand Deutsche mark and be punished in cases of paragraph 1 No. 7, 17 and 20 with a fine up to twenty thousand Deutsche mark.
(3) the offence can be punished even no. 2 in the cases of paragraph 1, if committed on or from a ship, which is not allowed to fly the Federal flag.
(4) administrative authority is within the meaning of § 36 para 1 No. 1 of the code of administrative offences in cases of paragraph 1 No. 1, 3 to 20 the Federal Environmental Agency and in the cases of paragraph 1 No. 2 the federal maritime and hydrographic Agency.

Section 37 (1) sanctions with imprisonment up to three years or with fine will be punished who commercial - or habitually commits a no. 1 to 4 or 9 to 19 designated action in § 36 para 1.
(2) with imprisonment up to five years will be punished with fines, who commits described action in § 36 para 1 No. 1 to 16 or 19 and this endangers the health of another or not, animals, plants or other strange things of significant value in Antarctica sustainable harms him.
(3) the attempt is punishable.
(4) a person who caused negligence in the cases of paragraph 2 the danger or damage, is punishable by up to one year or punished with fines.
(5) paragraphs 1 to 4 do not apply if the Act is under threat according to § 324, 326, 330 and 330a of the Penal Code with same or heavier punishment.

Section 38 confiscation has been committed an offence under section 36 or a criminal offence according to section 37, so items that are used or have been determined to its Commission or preparation can be withdrawn. Article 23 of the law on administrative offences and section 74a of the Penal Code shall apply.

§ 39 arbitration the Foreign Office is responsible for the arbitration procedure regulated in the annex of the environmental Protocol to the Antarctic Treaty.

§ 40 reporting the drawing up of the annual report is the Federal Environmental Agency pursuant to article 17 of the environmental Protocol to the Antarctic Treaty.

§ 41 emergencies (1) the provisions of this Act do not apply in case of emergency, in which the protection of human life or the safety of ships, aircraft or any high-quality equipment or facilities, or the protection of the environment a) require an activity within the meaning of § 3 para 1 before the procedure laid down in this law is complete, or b) require a forbidden activity according to §§ 17 to 31.
(2) informing the other Member States of the Antarctic Treaty and the Committee for environmental protection activities in accordance with article 7 paragraph 2 of annex I of the environmental Protocol to the Antarctic Treaty effected by the Federal Environmental Agency.
(3) a person who carries out an activity in the Antarctic referred to in paragraph 1, has the Federal Environmental Agency to make necessary information immediately for the information referred to in paragraph 2.

Article 42 entry into force (1) § 5 para 7 and § 6 section 5 of this Act enter into force on the day after the announcement. Moreover this law into force on the day, where the environmental protection Protocol of 4 October 1991 on the Antarctic Treaty for the Federal Republic of Germany enters into force.
(2) the date of entry into force is to announce in the Federal Law Gazette.