IP 34
Agenda Item:
ATCM 8
Presented by:
Finland
Original:
English
Implementation of Annex II and VI of the
Protocol on Environmental Protection to
the Antarctic Treaty and Measure 4(2004)
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Implementation of Annex II and VI of the Protocol on
Environmental Protection to the
Antarctic Treaty and Measure 4(2004)
Finland accepted Annex VI on Liability Arising from Environmental Emergencies, the amendment
of Annex II on Conservation of Antarctic Fauna and Flora and Measure 4(2004) on Insurance and
Contingency Planning for Tourism and Non Governmental Activities in the Antarctic Treaty Area
on 26 November 2010. On the same day, the national Act on the Environmental Protection of
Antarctica and the national Criminal Code were amended. In addition, the Governmental Decree on
the Environmental Protection of Antarctica was amended on 21 December 2010.
Bearing in mind Article 13, paragraph 3, of the Protocol on Environmental Protection to the
Antarctic Treaty which calls upon the Parties to notify all other Parties of the measures taken to
ensure compliance with the Protocol, unofficial English translations of the Act on the
Environmental Protection of Antarctica, the Decree on the Environmental Protection of Antarctica
and the Criminal Code are annexed to this Information Paper.
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NB: Unofficial translation, legally binding only in Finnish and Swedish
Ministry for Foreign Affairs, Finland
Act on the Environmental Protection of Antarctica
(28/1998; amendments up to 1020/2010 included)
Chapter 1 – General Provisions
Section 1 – Purpose of the Act
The purpose of this Act is to accord comprehensive protection to the environment of the Antarctic
area and its dependent and associated ecosystems.
Section 2 – Scope
This Act applies to:
(1) a Finnish natural person;
(2) a Finnish juridical person, vessel or aircraft;
(3) a foreign natural person maintaining a permanent residence in Finland; and
(4) a foreign natural person, juridical person, vessel or aircraft participating in an activity for which
a permit has been granted under this Act.
Section 3 – Definitions
For the purposes of this Act:
(1) "Antarctic area" means the area south of latitude 60 degrees south;
(2) "Protocol" means the Protocol on Environmental Protection to the Antarctic Treaty (Treaty
Series 31/84), which was done at Madrid on 4 October 1991;
(3) "activity" means travel for research or other purposes in the Antarctic area, logistics supply and
maintenance procedures, scientific undertakings, installation, modification, removal or use of
research stations and fixed field camps or equipment for these as well as any other activity taking
place in the Antarctic area;
(4) "harmful interference to animals, plants or invertebrates native to the Antarctic area" means:
(a) using an aircraft, vessel, vehicle, explosive or firearm in a manner that disturbs concentrations of
birds or seals;
(b) wilful disturbance of breeding or moulting birds or concentrations of birds or seals by persons
on foot;
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(c) significantly damaging concentrations of native terrestrial plants; and
(d) any other activity which results in significant adverse modification of habitats of any species or
population of animal, plant or invertebrate native to the Antarctic area;
(5) "mineral resources" means all inanimate and non-renewable natural resources;
(6) "environmental emergency" means an incident which is caused by a scientific research
programme subject to notice in advance under Article VII, paragraph 5 of the Antarctic Treaty, or
by tourism or other governmental or nongovernmental activity, and which results or imminently
threatens to result in significant and adverse impact on the Antarctic area;
(7) "operator" means any natural or juridical person who organises activities under paragraph 3;
(8) "response action" means reasonable measures taken to avoid, minimise or contain the impact of
an environmental emergency;
(9) "ship" means any watercraft used in the marine environment, including hydrofoils, hovercraft,
submersibles, floating craft and fixed or floating bases;
(10) "special drawing right" means a special drawing right defined by the International Monetary
Fund;
(11) "tonnage" means the gross tonnage of a ship calculated in accordance with the tonnage
measurement rules contained in Annex I of the International Convention on Tonnage Measurement
of Ships, 1969 (Treaty Series 31/1982).
Section 4 – Prohibited Activity
(1)The following activities are prohibited in the Antarctic area:
(1) detonating nuclear explosives and disposal of radioactive waste materials;
(2) exploring for mineral resources, investigating or utilising mineral resources, or any other
activity directed at these which is not scientific research;
(3) discharging oil, oily mixture, noxious liquid substance, sewage and garbage from a vessel into
the sea, as specified in the provisions in Chapter 6 of this Act;
(4) damaging, removing or destroying of historical sites or monuments entered in the register in
accordance with Annex V of the Protocol; and
(5) open burning of waste.
(2) The following may not be introduced into the Antarctic area:
(1) a species of animal, plant or invertebrate not native to the Antarctic area, with the exception of
food, household plants and laboratory animals, plants and invertebrates;
(2) non-sterile soil originating from elsewhere than the Antarctic area; and
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(3) products specified by a decree.
Section 5 – Activity Requiring a Permit
A permit is needed for an activity in the Antarctic area other than a prohibited activity referred to in
Section 4 or introduction of non-native species referred to in Section 23, if Section 6 does not apply.
Section 6 – Exception to Obligation to Apply for a Permit
A permit under the provisions of this Act is not required for:
(1) an activity for which a valid permit has been granted by a competent authority of another State
Party to the Protocol;
(2) passage of a vessel through waters within the Antarctic area, if the destination of the vessel is
not in the Antarctic area; and
(3) an activity referred to in the Convention on the Conservation of Antarctic Marine Living
Resources (Treaty Series 64/89).
Section 7 – Permit Granting Authority
(1) The permit granting authority for the purposes of this Act is the Lapland Centre for Economic
Development, Transport and the Environment.
(2) The permit granting authority shall exercise the right of action on behalf of the State in
compensation matters referred to in Section 35 f.
(3) The permit granting authority shall also supervise compliance with this Act and the legal
provisions and regulations issued by virtue of it.
Chapter 2 – Environmental Impact Assessment
Section 8 – Initial Environmental Evaluation
If an activity may have a minor or transitory impact on the environment of the Antarctic area, an
initial environmental evaluation shall be prepared by the person or body in charge of the activity.
Section 9 – Comprehensive Environmental Evaluation
If the initial environmental evaluation indicates, or it is otherwise to be expected, that an activity
may have more than a minor or transitory impact on the environment of the Antarctic area, a
comprehensive environmental evaluation shall be prepared by the person or body in charge of the
activity.
Section 10 – Point of Time for Assessment
An environmental impact assessment shall be prepared before the granting of a permit under the
provisions of this Act.
Section 11 – Assessment Report
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(1) The person or body in charge of the activity shall identify the impacts of the activity and
compile an assessment report.
(2) More detailed provisions on the preparation and contents of an assessment report shall be issued
by decree.
Section 12 – Possibility of Making Comments on an Assessment Report
(1) The permit granting authority shall request the necessary comments on an assessment report or
on a draft of it. If necessary, the permit granting authority may also request comments from foreign
authorities and expert institutions.
(2) The permit granting authority reserves for the meeting referred to in Article IX of the Antarctic
Treaty and for the other States Parties to the Protocol the possibility to make comments on an
assessment report of a comprehensive environmental evaluation or on a draft of it.
(3) The permit granting authority reserves for natural persons and for societies and foundations
whose primary purpose according to their regulations is to promote environmental protection the
possibility to express an opinion on an assessment report or on a draft of it.
Section 13 – Availability of an Assessment Report
(1) The permit granting authority shall make an assessment report, or a draft of it, appended to an
application for a permit available for public viewing for at least 90 days from the date of its receipt
and reserve for the public the possibility to make comments on it.
(2) The provisions of subsection 1 apply also to assessment reports or drafts of them submitted to
Finland for information by other States Parties to the Protocol.
Section 14 – Application for a Permit
The following shall be appended to an application for a permit:
1) a report on measures to prevent environmental emergencies and to maintain readiness to respond
to them;
2) a contingency plan and a response plan referred to in Section 35 a;
3) a report on an insurance or other financial security referred to in Section 35 a;
4) an assessment report referred to in Section 11 concerning the activity, or a draft of it; and
5) a report on other circumstances related to the activity which are relevant for considering the
granting of a permit, as stipulated in more detail by a government decree.
Section 15 – Possibility of Making Comments on an Application for a Permit
The permit granting authority shall request comments necessary for ruling on the matter. The permit
granting authority may, if necessary, also request comments from foreign authorities and expert
institutions.
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Section 16 – General Requirements for Granting of a Permit
A permit for an activity within the meaning of this Act shall be granted if the activity does not
cause:
1) adverse effects on climate or weather patterns;
2) significant adverse effects on air or water quality;
3) significant changes in the atmospheric, terrestrial, aquatic, glacial or marine environments;
4) detrimental changes in the distribution, abundance or productivity of species or populations of
species of animals, plants or invertebrates;
5) further jeopardy to endangered or threatened species or populations of such species;
6) degradation of areas of biological, scientific, historic, aesthetic or wilderness significance; or
7) any other comparable significant detriment to the environment of the Antarctic area and its
dependent and associated ecosystems.
Section 17 – Granting of a Permit and International Consideration of an Assessment Report
(1) If an activity requires a comprehensive environmental evaluation, a permit may not be granted
for an activity before the meeting referred to in subsection 2 of Section 12 has had the opportunity
to consider the assessment report, or a draft of it, appended to the application for a permit, as
stipulated by decree.
(2) A permit may, however, be granted for an activity if the meeting referred to in subsection 2 of
Section 12 will not be convened within fifteen months of the date on which the assessment report
has been submitted for the information of the Committee referred to in Article 11 of the Protocol.
Section 18 – Ruling on a Permit
(1) A ruling on a permit shall contain the regulations necessary for the protection of the
environment of the Antarctic area. In the ruling, the permit granting authority shall specify the
authorised activity, including when, where and by whom it is to be conducted. The necessary
regulations on the following shall be appended to the permit:
(1) identifying an exceptional situation and reporting it;
(2) measures to respond to impacts of an environmental emergency and related exercises;
(3) a contingency plan, a response plan and other arrangements referred to in Section 35 a;
(4) compiling statistics and reporting on exceptional situations;
(5) insurances or other financial securities of the operator;
(6) exchange of information and cooperation to respond to adverse impacts of environmental
emergencies;
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(7) precautions to prevent accidental introduction of non-native micro-organisms to the Antarctic
area.
(2) A ruling on a permit shall indicate how the environmental impact assessment referred to in
Chapter 2 has been taken into account in considering the application for the permit.
(3) A ruling on a permit is issued after public notice, whereupon it is deemed to have come to the
notice of the appropriate person or body on the date of its issuance. The ruling is sent to the
applicant and, for information, to the authorities who submitted comments.
Section 19 – Public Availability and International Distribution of a Ruling on a Permit and
Related Documents
(1) The permit granting authority shall make the ruling on a permit and the documents related to it
available for public viewing at least 60 days before the commencement of the activity in the
Antarctic area.
(2) Final rulings on permits and documents related to them shall be submitted to other States Parties
to the Protocol for their information.
(3) The provisions in subsection 1 above apply also to rulings on permits and documents related to
them, submitted to Finland for information by other States Parties to the Protocol.
Section 20 – Amendment or Revocation of a Ruling on a Permit
(1) A ruling on a permit, or the regulations in it, may be amended or the permit may be revoked on
the basis of an application by the permit holder or ex officio.
(2) The permit granting authority may amend a ruling on a permit ex officio if:
(1) circumstances have substantially changed after granting the permit;
(2) the grounds for granting the permit or stipulating the regulations in the permit are later
determined to have been otherwise substantially different from those required for granting the
permit; or
(3) it is necessary for the execution of sufficiently specified provisions in international agreements
binding on Finland.
(3) The permit granting authority may revoke a permit ex officio if:
(1) the applicant has submitted incorrect information which significantly affected the requirements
for granting the permit; or
(2) the regulations in the permit have been breached to the extent that caused substantial hazard or
detriment to human health or to the environment of the Antarctic area.
Chapter 4 – Conservation of Nature
Section 21 – Conservation of Native Animals, Plants and Invertebrates
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(1) A permit is needed for harmful interference with animals, plants and invertebrates native to the
Antarctic area and for killing, injuring, capturing, handling or molesting a mammal or a bird native
to the Antarctic area.
(2) A permit for an activity referred to in subsection 1 above may be granted:
(1) to provide specimens for scientific study;
(2) to provide specimens for a museum, botanical garden, or other comparable institution or use;
(3) to provide specimens for a zoo; a permit may be granted for the taking of a native mammal or
bird only if it is not available in existing zoos or if a compelling need for protection exists; or
(4) for any other scientific activity, or for construction or operation of support facilities required by
such scientific activity, or to provide for the unavoidable consequences of the activity.
(3) The permit granting authority shall ensure before granting the permit that:
(1) no more mammals, birds, invertebrates or plants native to the Antarctic area are taken than is
strictly necessary to meet the purpose referred to in subsection 2 above;
(2) only small numbers of mammals or birds native to the Antarctic area are killed and no more
native mammals or birds are killed from local populations than can, in combination with other
permitted takings, normally be replaced by natural reproduction in one season;
(3) the diversity of species, as well as the habitats essential to their existence, and the balance of the
ecological systems existing within the Antarctic area are maintained; and
(4) all killing, injuring, capturing, handling or molesting of a mammal or bird native to the
Antarctic area shall be done in the manner that involves the least degree of pain and suffering
practicable.
Section 22 – Specially Protected Species
(1) By decree, a species of animal, plant or invertebrate native to the Antarctic area may be
designated a specially protected species.
(2) A permit for injuring, capturing, handling or molesting of an animal, plant or invertebrate
belonging to a specially protected species may be granted if the activity:
(1) is for a compelling scientific purpose;
(2) will not jeopardize the survival or recovery of that species or local population; and
(3) is conducted in a manner that causes the animal the least degree of pain and suffering
practicable.
(3) A permit for killing of an animal, plant or invertebrate belonging to a specially protected species
may be granted in accordance with the requirements set out in subsection 2 above if use of other
than lethal techniques is not possible.
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Section 23 – Introduction of Non-native Species
(1) A permit may be granted for supervised use of crops and their reproductive parts. A permit may
also be granted for supervised experimental use of species.
(2) The following shall be specified in the permit:
(1) the species that may be introduced and, as far as practicable, the numbers of animals, plants or
invertebrates belonging to the species and, if appropriate, their age and sex and the ground
justifying the introduction; and
(2) the precautions to be taken to prevent escape or contact with fauna and flora.
(3) The provisions in subsection 1 above do not apply to introducing food into the Antarctic area
provided that the food is kept and handled under supervised conditions and that poultry products
and other bird products are inspected beforehand to detect disease.
(4) The permit holder shall take the necessary measures to avoid adverse impacts on the native
animals, plants and invertebrates.
Section 24 – Removal and Disposal of Non-native Species
(1) The permit holder shall, prior to expiration of the permit, remove from the Antarctic area any
plant, animal or invertebrate, or any unused poultry product or other bird product under subsection
3 of Section 23, introduced by it into the Antarctic area, or dispose of it by incineration or other
equally effective means.
(2) Every individual shall without delay dispose of by incineration or other equally effective means
any such animal, plant or invertebrate which has been introduced into the Antarctic area without a
permit and which may pose a risk to an animal, plant or invertebrate native to the Antarctic area,
and its progeny, or remove it from the Antarctic area, unless the removal or disposal causes a larger
adverse impact on the environment.
Section 25 – Specially Protected Areas
(1) A permit to enter, and engage in activities in, an area designated as a specially protected area
under Annex V of the Protocol may be granted only if the activity meets the requirements set for the
area in a management plan approved in compliance with Annex V of the Protocol.
(2) The permit granting authority shall:
(1) append to the ruling on the permit the relevant sections of the management plan for the area;
(2) specify in the ruling on the permit the extent and location of the area; and
(3) specify in the ruling on the permit the authorised activities, when and where they may be
conducted and name the permit holder.
(3) If no management plan exists for an area designated as a specially protected area, a permit may
be granted provided that the activity is for a compelling scientific purpose which cannot be served
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elsewhere. A permit may, however, not be granted, if the activity will jeopardise the functioning or
conservation of the natural ecological system in the area.
(4) The permit granting authority shall maintain a register of Antarctic specially protected areas
and specially managed areas as well as of historical sites and monuments.
Chapter 5 – Waste Disposal and Waste Management
Section 26 – General Obligations
In all activities in the Antarctic area care shall be taken that the amount of waste produced is
reduced as far as practicable and the waste does not pose a risk to or jeopardise health, the
environment or scientific activities.
Section 27 – Waste Management in the Antarctic area
The generator or possessor of waste shall remove from the Antarctic area or store, utilize or treat
waste which is under its control or produced by it in the Antarctic area. It shall also plan and
implement waste management in a manner stipulated by decree and defined in a waste management
plan which has been approved in compliance with Section 28.
Section 28 – Waste Management Plan
(1) The permit granting authority shall approve a waste management plan for a fixed base, work site
and field camp.
(2) The permit granting authority shall review and, if necessary, update the plans annually. The
contents of a waste management plan shall be stipulated by a government decree.
(3) The provisions of subsection 1 above apply also, where appropriate, to vessels whose
destination is in the Antarctic area.
Section 29 – Removal of Waste from the Antarctic area
(1) Waste removed from the Antarctic area shall be returned to Finland.
(2) More detailed provisions on the removal of waste to another State may be stipulated by decree.
Section 30 – Provision on Authorization
The permit granting authority may adopt general provisions on the limit values for the impurities
contained in discharges from incinerators for burning waste in the Antarctic area and on the
technical requirements for equipment used for this purpose as well as on other treatment of waste.
Chapter 6 – Prevention of Marine Pollution by Vessels
Section 31 – Other legislation
The Act on the Prevention of Marine Pollution by Vessels (300/79), and the provisions and
regulations given under its authorization, apply to the prevention of marine pollution by vessels in
the Antarctic area unless otherwise stipulated in this Chapter.
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Section 32 – Discharge of Noxious Liquid Substances
The discharge of the following into the sea in the Antarctic area is prohibited:
(1) a noxious liquid substance; and
(2) a chemical or other liquid substance, in quantities or with a content harmful to the marine
environment.
Section 33 – Garbage and Sewage
The discharge of garbage and sewage into the sea in the Antarctic area is prohibited as stipulated by
decree.
Section 34 – Provisions Concerning the Structure and Reception Facilities of Vessels
(1) The permit granting authority shall ensure, prior to granting a permit, that a Finnish vessel, and a
foreign vessel referred to in paragraph 4 of subsection 1 of Section 2, has on board tanks of
sufficient capacity for the retention of the following waste and substances:
(1) sludge, oily ballast water, tank washing water and other oil residues and mixtures;
(2) garbage; and
(3) noxious liquid substances.
(2) The waste and substances referred to in subsection 1 above shall be discharged at a reception
facility outside the Antarctic area.
Section 35 – Entries in the Ship's Log
More detailed provisions regarding entries in the records or in the ship's log concerning discharge
into the sea of garbage and sewage may be issued by decree.
Chapter 6 a – Environmental emergencies and other exceptional situations
Section 35 a – General obligations of an operator
(1) An operator shall take necessary measures to prevent environmental emergencies and their
adverse impacts. The places of activity and means of transportation shall be equipped and used so
that the activity is safe and does not produce adverse impacts on the environment. The measures
shall be coordinated with the other operators in the Antarctic. The staff involved in the activities
shall be trained for the appropriate use of the equipment and for action in exceptional situations.
The operator shall prepare a contingency plan for preventing environmental emergencies and for
responding to their impacts.
(2) The operator shall prepare a response plan in preparing also for other exceptional situations. The
plan shall include measures necessary for ensuring the health and safety of persons covered by the
permit. Moreover, the plan shall include a report on the search, rescue and evacuation measures to
be taken in case of emergencies. The operator may make agreements with other operators about
using the arrangements maintained by other operators under this subsection.
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(3) The operator shall report any environmental emergencies and other exceptional situations
immediately to an authority prescribed by a government decree.
(4) The operator shall have an insurance or another acceptable financial security which, considering
the nature and scope of the activity, suffices to cover the financial liability referred to in subsection
1 of Section 35 c up until the limits set in Section 35 e. In addition, the operator shall maintain a
sufficient insurance or other arrangement which, considering the nature and scope of the activity,
suffices to cover all costs for search, rescue, medical treatment and evacuation. The obligation to
maintain an insurance, a security or another arrangement does not apply to governmental operators.
Section 35 b – Measures to respond to impacts of environmental emergencies
(1) The operator shall take prompt and effective measures to respond to the impacts of an
environmental emergency caused by its activity.
(2) Upon authorization by the permit granting authority, the operator may also take measures to
respond to the impacts of an environmental emergency caused by the activity of others, if the
emergency causes an imminent threat of a significant adverse impact on the environment of the
Antarctic area.
Section 35 c – Financial liability of an operator
(1) Regardless of negligence, an operator who fails to fulfil the obligation incumbent on it under
subsection 1 of Section 35 b shall be liable for compensating for costs incurred in response action
by the State Party to the Protocol which took the action.
(2) If the operator has failed to fulfil the obligation incumbent on it under subsection 1 of Section 35
b and no State Party to the Protocol has taken response action, the operator shall, regardless of
negligence, be liable for paying the State Treasury a sum corresponding to the estimated response
action.
(3) If an environmental emergency was caused by two or more operators, they shall be liable for the
damage jointly and severally. An operator who substantiates that only part of an environmental
emergency was attributable to its activity, shall be liable for this part only.
(4) When the fund referred to in Article 12 of Annex VI to the Protocol (Liability Arising from
Environmental Emergencies), has been established, the sum referred to in subsection 2 shall, upon
notice by the permit granting authority, be transferred to the fund.
Section 35 d – Grounds for exemption from liability
(1) An operator shall not be liable for the costs referred to in Section 35 c if the environmental
emergency was caused by:
(1) an act or omission necessary to protect human life or safety;
(2) a natural disaster which is exceptional in the circumstances of Antarctica and could not be
reasonably foreseen, provided that the operator has fulfilled its obligations under Section 35 a;
(3) an act of terrorism; or
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(4) an unlawful attack against the operator.
(2) Operators authorised by the permit granting authority by virtue of subsection 2 of Section 35 b
shall not be liable for an environmental emergency arising from action necessary for responding to
the impact of another environmental emergency.
Section 35 e – Limits of financial liability
(1) The maximum amount for which an operator may be liable financially is three million special
drawing rights (SDR). The maximum amount is calculated separately for each operator and
environmental emergency.
(2) If a ship has been involved in an incident causing an environmental emergency, the maximum
amount of liability is determined as follows:
(1) one million SDR for a ship with a tonnage not exceeding 2,000 tons;
(2) for a ship with a tonnage in excess of 2,000 tons, the following amount in addition to that
referred to in paragraph 1:
(a) for each ton from 2,001 to 30,0000 tons, 400 SDR;
(b) for each ton from 30,001 to 70,000 tons, 300 SDR;
(c) for each ton in excess of 70,000 tons, 200 SDR.
(3) Notwithstanding subsection 2 above, an operator may limit its liability in accordance with
another international limitation of liability treaty if the limits mentioned in the treaty are at least as
high as those stipulated in subsection 2.
(4) The limits of liability under subsections 1–3 above do not apply if the operator has acted
wilfully or negligently. Governmental operators are subject to the exception concerning the limits of
liability laid down in paragraph 2 of Article 9 of Annex VI to the Protocol (Liability Arising from
Environmental Emergencies).
Section 35 f – Procedure in compensation matters
(1) If an operator and a State Party to the Protocol which has taken response action do not agree
about compensating for the response action, the State Party to the Protocol which has taken the
response action may institute proceedings in this matter before Vaasa Administrative Court in
accordance with Section 69 of the Administrative Judicial Procedure Act (586/1996). The
proceedings must be instituted within three years from the commencement of the response action or
the date when the State Party which took the response action became aware of or should have
become aware of the identity of the operator, whichever date shall be the later. The application for
the institution of proceedings shall be declared inadmissible if at least 15 years have passed since
the commencement of the response action.
(2) If the operator and the permit granting authority do not agree about a matter referred to in
subsection 2 of Section 35 c, the permit granting authority shall institute proceedings in the
compensation matter in accordance with subsection 1 of this Section. The proceedings shall be
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instituted within 15 years from the date when the permit granting authority became aware of the
environmental emergency.
(3) The provisions on the procedure for administrative litigation in compensation matters do not
apply to governmental operators.
Chapter 7 – Other Regulations
Section 36 – Cases of Emergency
(1) This Act and the provisions and regulations given under its authorization shall not apply in cases
of emergency, such as immediate danger to the safety of human life or health, immediate risk of
destruction of or damage to vessels, aircraft or equipment and facilities of high value, where
disregarding this Act and the provisions and regulations given under its authorization is the only
apparent means to overcome the threat or to minimise the damage to the largest extent possible.
(2) Actions taken in cases of emergency shall always be such as to minimise to the largest extent
possible the adverse impact on the environment of the Antarctic area.
(3) The contact authority shall be notified without delay of a case of emergency referred to in
subsection 1 above. The authority acting as the contact authority shall be stipulated by a
government decree.
(4) The contact authority shall, in accordance with the provisions of the Protocol, notify all States
Parties to the Protocol and the Committee referred to in Article 11 of the Protocol of actions taken
in a case of emergency.
(5) Chapter 6 a contains provisions on environmental emergencies and other exceptional situations.
Section 37 – Appeal
An appeal against a ruling on a permit and a decision concerning a waste management plan referred
to in Section 28 which the permit granting authority has made under the provisions of this Act shall
be lodged with Vaasa Administrative Court in accordance with the Administrative Judicial
Procedure Act.
Section 38 – Reference Provision
The penalty for detonating a nuclear explosive in contravention of the prohibition in paragraph 1 of
subsection 1 of Section 4 is stipulated in Section 6 of Chapter 34 of the Criminal Code (39/1889).
The penalty for damaging the environment otherwise as referred to in paragraph 1 of subsection 1
of Section 4 and Section 32 or Section 33 of this Act is stipulated in Sections 1 to 4 of Chapter 48 of
the Criminal Code. The penalty for illegal interference with mineral resources in the Antarctic area
in contravention of the prohibition in paragraph 2 of subsection 1 of Section 4 of this Act is
stipulated in Section 3 a of Chapter 48 a of the Criminal Code.
Section 40 – Breach of Obligation to Protect the Antarctic area
(1) Whoever wilfully or through gross negligence
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(1) contravenes the prohibition in paragraph 5 of subsection 1 of Section 4 or subsection 2 of
Section 4, or
(2) neglects the obligation referred to in Section 5, Section 24, Section 26, Section 27, subsection 2
of Section 34, Section 35 or subsection 3 of Section 35 a, or in a provision or regulation given under
the authorization of those provisions, or
(3) removes waste in contravention of Section 29
shall be sentenced to a fine for breach of the obligation to protect the Antarctic, unless a more
severe penalty is stipulated in law.
(2) Finnish law is applied to the breach of the obligation to protect the Antarctic area
notwithstanding the provisions of subsection 1 of Section 6 of Chapter 1 of the Criminal Code.
Section 41 – Competent Court
The competent court in matters referred to in Sections 38 and 40 of this Act is Helsinki District
Court.
Section 43 – Fees
A fee shall be charged for a permit referred to in this Act. The amount of the fee is determined in
accordance with the Act on Criteria for Charges Payable to the State (150/92).
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Act amending Chapter 48 a of the Criminal Code
(1021/2010)
Issued in Helsinki on 26 November 2010
In accordance with a decision of Parliament, a new section 3 a is added to Chapter 48 a of the
Criminal Code (39/1889) as follows:
Chapter 48 a – Natural resources offences (515/2002)
Section 3 a – Illegal interference with mineral resources in the Antarctic area
A person who intentionally or through gross negligence investigates or utilises mineral resources
located in the Antarctic area, referred to in section 1, subsection 1, paragraph 5 of the Act on the
Environmental Protection of Antarctica, outside scientific research shall be sentenced for illegal
interference with mineral resources in the Antarctic area to a fine or to imprisonment for at most
two years.
Also a person who intentionally explores for mineral resources located in the Antarctic area outside
scientific research shall be sentenced for illegal interference with mineral resources in the
Antarctic area.
_____
This Act enters into force on 1 January 2011.
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Government Decree amending the Decree on the Environmental Protection of Antarctica
(1259/2010)
Issued in Helsinki on 26 November 2010
In accordance with a Government decision made on a submission by the Ministry of the
Environment,
a new Chapter 5 a is added to the Decree on the Environmental Protection of Antarctica (122/1998)
as follows:
Chapter 5 a
Miscellaneous provisions
Section 15 a
The contact authority for environmental emergencies and cases of emergency referred to in
subsection 3 of Section 35 a and subsection 3 of Section 36 of the Act on the Environmental
Protection of Antarctica shall be the Ministry for Foreign Affairs.
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This Decree enters into force on 1 January 2011.
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