Activities of Sajjad KARIM related to 2011/0309(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities
Amendments (12)
Amendment 17 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on safety of offshore oil and gas prospection, exploration and production activities(Text with EEA relevance) (This amendment applies throughout the text.)
Amendment 21 #
Proposal for a regulation
Recital 8
Recital 8
(8) The existing fragmenteddifferent Member State regulatory frameworks applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed. Under certain existing liability regimes, the responsible party may not always be clearly identifiable and/or may not be able, or liable, to pay all the costs to remedy the damage it has caused.
Amendment 22 #
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to clarify that holders of authorisations for offshore activities pursuant to Directive 94/22/EC are also potential liable ‘operators’ within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, and may not be entitled to delegate their responsibilities in this regard to third parties contracted by themand establish without ambiguity who the liable parties should be prior to the commencement of offshore activities.
Amendment 24 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure effective implementation of the requirements of this Regulation, Member States with offshore oil and gas activities under their jurisdiction should ensure effective and proportionate sanctions should bpenalties are put in place.
Amendment 25 #
Proposal for a regulation
Recital 48
Recital 48
(48) AOperators should ensure they have sufficient physical, personnel and financial resources to minimise and rectify the impact of a major accident. However, as no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations, requirements on financial capacity including availability of appropriated financial security instruments or other arrangements and report on the findings and proposals within 1 year after adoption. In order to provide a safety net, mutual oil pollution insurance schemes should be established in each individual Union sea area, with mandatory membership for operators conducting operations in Union waters. Operators in third countries that share sea borders with the Union should also be encouraged to join the schemes.
Amendment 27 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In particular, when assessing the competent authorities shall assess whether the technical and financial capacity of the entities that apply for authorisation for planned offshore oil and gas activities, due account shall be taken ofoperations pursuant to Directive 94/22/EC are proportionate to the risk,s, the hazards and any other relevant information related to the area concernedlicensed area and the particular stage of exploration and production operations and also. Due account shall be taken of the applicants‘' financial capacities, including any financial security and capacity to cover liabilities potentially deriving from the offshore oil and gas activities in question, in particular liability for environmental damages. Member States may also take into account the history of the applicant with regards to major incidents where the applicant was proven to be liable and negligent.
Amendment 28 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. LicensingCompetent authorities pursuant to Directive 94/22/EC shall, when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities, take into account the risks, hazards and any other relevant information related to the location concerned and the particular stage of exploration and production operations. Competent authorities shall ensure that provisions pursuant to paragraph 2 are proportionate to such risks, hazards and any other relevant information related to the location concerned and stage of operations.
Amendment 31 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The licensee is liable for the prevention and remediation of environmental damage, pursuant to Directive 2004/35/EC, caused by offshore oil and gas activitieoperations carried out by the licensee or any entityoperator participating in the offshore oil and gas operations on the basis of a contract with the licensee. The consenting procedure for operations pursuant to this Regulation shall not prejudice the liability of the licensee.
Amendment 36 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The Commission, the Union Offshore Authorities Forum and competent authorities concerned shall work with other international fora and Union operators to encourage the application of the highest possible safety and environmental standards globally.
Amendment 37 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. External emergency response plans shall be prepared in accordance with the provisions of Annex I and V, and made available to the Commission, and to the public as appropriate with due regard for data protection and confidentiality.
Amendment 38 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
Member States with offshore oil and gas activities under their jurisdiction shall establish penalties applicable to infringements of this Regulation by the industryoperators and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 39 #
Proposal for a regulation
Article 37
Article 37