The Protocol on Environmental Protection to the Antarctic Treaty, also known as the Madrid Protocol, is a complementary legal instrument to the Antarctic Treaty signed in Madrid on 4 October 1991. It entered into force on 14 January 1998.
The Madrid Protocol designates Antarctica as a "natural reserve, devoted to peace and science" (Art. 2). It complements and reinforces the Antarctic Treaty in order to increase the protection of the Antarctic environment and dependent and associated ecosystems.
As of 2024, the original 26 nations to sign the Madrid Protocol have been joined by a further 16 nations. Of the 42 total signatories, 29 are Consultative Parties to the Antarctic Treaty, and the other 13 are Non-Consultative Parties (see Appendix 1).
The Protocol consists of a preamble, a main body with 27 articles, an appendix on Arbitration (13 additional articles) and six annexes, the last of which has not yet entered into force.
The Protocol's preamble describes the desire of the Antarctic Treaty Parties to develop a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems, in the interest of mankind as a whole.
The main body of the Protocol includes the following key provisions:
Article 2: "The Parties commit themselves to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems and hereby designate Antarctica as a natural reserve, devoted to peace and science."
Article 3 contains the environmental principles on which the Protocol is based. These principles state the need to protect the natural and scientific values of Antarctica, with particular emphasis on the obligation to carry out careful planning of Antarctic activities, in order to avoid or mitigate the harmful impacts on the environment that they could cause.
Article 7 prohibits any activity relating to mineral resources, other than scientific research.
Article 8 establishes that, before proceeding with an activity in Antarctica, prior assessment of the likely impacts of the proposed activity on the Antarctic environment or on dependent or associated ecosystems must be carried out.
Articles 11 and 12 establish the Committee for Environmental Protection and its functions, which comprise providing advice and formulating recommendations to the Parties in connection with the implementation of the Protocol.
Article 14 stresses the need to carry out inspections (in accordance with Article VII of the Antarctic Treaty) in order to promote the protection of the Antarctic environment and dependent and associated ecosystems, and to ensure compliance with the Protocol.
Article 15 establishes that each Party agrees to provide for prompt and effective response action in cases of environmental emergencies in the Antarctic Treaty area that might arise in the performance of scientific research programmes, tourism and all other governmental and non-governmental activities.
The Protocol has six annexes with practical provisions for the protection of the Antarctic ecosystem. Article 9 of the Protocol allows for the amendment or modification of Annexes and provides for the possibility that new annexes be added to the existing ones, in order to guarantee a permanent updating mechanism.
Environmental Impact Assessment
Conservation of Antarctic Fauna and Flora
Waste Disposal and Waste Management
Prevention of Marine Pollution