Activities of Jytte GUTELAND related to 2015/2352(INI)
Legal basis opinions (0)
Amendments (21)
Amendment 4 #
Motion for a resolution
Recital B
Recital B
B. whereas indigenous sources of oil and gas can contribute significantly to Europe’s existing energy needs and are particularly important for energy security and energythe reduction of oil and gas consumption is an important prerequisite for meeting EU and global climate and environmental objectives and a sustainable dieversitylopment;
Amendment 6 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas although North Sea oil and gas production has been in decline over the past years, the number of offshore facilities is likely to rise in Europe in the future, especially in the Mediterranean and the Black Sea;
Amendment 10 #
Motion for a resolution
Recital D
Recital D
D. whereas accidents caused by offshore oil and gas rigs lead to cross- border consequences and EU action to prevent and mitigate such accidents is therefore justifiednecessary and proportionate;
Amendment 14 #
Motion for a resolution
Recital E
Recital E
E. whereas, in accordance with Article 191 of the TFEU, all EU action in this area must be underpinned by a high level of protection based inter alia on the precautionary and sustainability principle;
Amendment 19 #
Motion for a resolution
Recital H
Recital H
H. whereas it is of the utmost importance to have effective and adequate compensation mechanisms and claims handling mechanisms for victims of damage caused by offshore oil and gas operations to victims, animals and the environment; moreover, to have sufficient recourses in order to restore the important ecosystems;
Amendment 25 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the OSD as affshore Safety Directive 2013/30/EU (OSD) which compliments the Environmental Liability Directive 2004/35/EC (ELD) and the Environmental Impact Assessment Directive 2011/92/EU (IEA), as well as the ratification of the Offshore Protocol of the Barcelona Convention by the Council, as first steps for the protection of the environment and the safety of workers; calls on those Member States which have not yet transposed ithe aforementioned directives into their national laws to do so as soon as possible;
Amendment 28 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need to ensure a proper transposition of the OSD into national law; regrets that not all Member States have guaranteed the sufficient independence of the competent authority as required in Article 8 of the Directive; calls on the Commission to undertake the necessary actions in order to ensure competent authorities' independence;
Amendment 31 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the effective application of the polluter pays principle to offshore oil and gas operations should extend not only to the costs of preventing and remedying environmental damage – as currently achieved to a certain extent via the OSD and ELD – but also to the costs of remedying traditional damage claims, in line with the precautionary principle and the principle of sustainable development;
Amendment 32 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need to ensure rapid, effective, comprehensive and adequate compensation for all victims of pollution and any environmental damage caused by offshore accidents in accordance with the polluter pays principle: therefore, calls on the Commission to consider the establishment of a legislative compensation mechanism for offshore accidents, along the lines of the one provided for in the Petroleum Activities Act in Norway, at least for sectors that may be severely affected, like fisheries and coastal tourism and other sectors of the blue economy;
Amendment 33 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines, with regard to liability for environmental damage, the divergences and the shortcomings in the transposition and application of ELD, as outlined also by the European Commission in its second implementation report; calls on the Commission to ensure that ELD is implemented in an effective manner and that liability for environmental damages from offshore accidents is available and adequate throughout the European Union;
Amendment 35 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets, in this context, that the OSD does not deal withaim to harmonise the minimum liability for civil damage to either natural or legal persons, be it bodilyphysical injury, property damage or economic loss that may result from offshore operations;
Amendment 37 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also rRegrets the fact that the way civil liability is handled varies considerably from one Member State to another and that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents; believes therefore that an European framework is needed and calls on the Commission to harmonise without delay the rules on liability, financial security and compensation; believes that such European framework should be based on the most advanced Member States' legislations, should cover, with regard to civil liability, not only bodily injury and property damage but also pure economic loss and should ensure effective compensation mechanisms for victims, including adequate procedures for mass claims and for sectors that may be severely affected (e.g. fisheries and coastal tourism);
Amendment 38 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regrets the fact that the way civil liability is handled varies considerably from one Member State to another and; stresses that there is no liability in many of the Member states with offshore and gas activities for most third-party claims for compensation for traditional damage caused by an accident; no regime in the vast majority of Member States for compensation payments; and no assurance in many Member States that operators or liable persons, would have adequate financial assets to meet claims; moreover, stresses that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents;
Amendment 43 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that most Member States have not yet transposed the relevant provisions of the OSD; calls on the Commission to ensure the close monitoring of its implementation with a view to assess the appropriateness of introducing further harmonised rules on liability, compensation and financial security to improve compliance with the OSD as soon as possible in order to effectively prevent any future accidents with cross-border implications;
Amendment 45 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, in this perspective, that compensatory and remedial claims for traditional damage are further obstructed by civil procedure rules on time limitations, financial costs, non-availability of public interest litigation and mass tort claims, and provisions on evidence, which differ considerably from one Member State to another; calls therefore for the establishment of strict civil liability rules for offshore accidents;
Amendment 51 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission concluded in its report on liability, compensation and financial security for offshore and gas operations (COM/2015/0422), that there is no need to consider further steps for harmonising and improving safety, civil and criminal liability and various financial security mechanisms before its implementation report of the OSD, due for July 2019; calls on the Commission to ensure instead that all possible safeguards are built into the EU and national legislations as soon as possible in order to provide adequate coverage for future accidents with cross- border impact;
Amendment 52 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 75 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the introduction of criminal liability at EU level could add a layer of deterrence beyond civil penalties, which could improve protection of the environment and compliance with safety measures; recalls on the Commission to prepare and submit to Parliament its first implementation reportthat according to Article 39(3) onf the OSD in a timely fashion, anthere is no need nto later than 19 July 2019, in order to allow the latter to revisit theamend OSD in order to introduction ofe criminal liability for offshore safety violations leading to offshore accidents based on concrete and systematic dataand calls the Commission to add the violations of OSD to the scope of the Environmental Crime Directive 2008/99/EC; calls on the Commission to prepare and submit to Parliament its first implementation report on the OSD in a timely fashion, and no later than 19 July 2019;
Amendment 77 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes that the EU Environmental Crime Directive (ECD) introduced harmonised criminal penalties for certain infringements of EU environmental legislation; regrets however that the scope of the ECD does not cover all the activities of the Offshore Safety Directive; regrets also that the definition of the criminal offences and the minimum type and level of sanctions when it comes to offshore safety breaches are not harmonised in the EU; calls therefore on the Commission to propose legislation within the ECD that covers damages from offshore oil and gas operations affecting the marine ecosystem;
Amendment 87 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 90 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission, in this context, to continue examining the possibility for an international solution, global solution, considering that the planet's ecosystem would affect the EU Member States by any accident occurring outside the EU; furthermore considering that many oil and gas companies operating in the EU are active across the world and that a global solution would ensure a global level playing field;