Activities of Struan STEVENSON related to 2011/0309(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities
Amendments (124)
Amendment 64 #
Proposal for a regulation
Title
Title
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)
Amendment 81 #
Proposal for a regulation
Recital 48
Recital 48
(48) 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. Whilst the Commission proceeds with further analysis and studies of the appropriate measures, this Directive should not introduce any new provisions which extend beyond existing recognised best practice. Extending financial security requirements at this stage would come with no guarantee that the market would implement the new provisions effectively and that they would not adversely affect other relevant sectors such as the fishing industry or the ability of smaller oil companies to operate in Member States' waters.
Amendment 85 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘acceptable’ shall mean: renderingtolerable’ means where a risk of a major accident tolerableis reduced to the furthest extent beyond which no significant reduction of the risk is derived from the input of further time, resources or costthe input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;
Amendment 87 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘major accident’ shall means: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to the environment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and any other event involving death or major injury to five or more persons on or working in connection with the installation(a) explosion, loss of well control, release of hydrocarbons or dangerous substances involving fatalities or serious personal injury; (b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; (c) any other event leading to serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it; (d) any significant or serious damage to the environment relating to the above;
Amendment 94 #
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)
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Operators shall ensure that offshore oil and gas activities covered by this Regulation shall bare performed on the basis of a systematic risk assessment of the likelihood of hazardous events and their consequences, and the implementation of control measures so that the residual risks of major accidents to people, the environment, and offshore assets are accepttolerable.
Amendment 106 #
Proposal for a regulation
Recital 9
Recital 9
(9) Pursuant to Directive 1994/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons[1] offshore oil and gas activities in the Union may be performed subject to the obtainment of an authorisation. In this context the competentlicensing authority is required to consider the technical and financial risks, and where appropriate, the previous record of responsibility, of applicants seeking exclusive exploration and production licenses. There is the need to ensure that when examining the technical and financial capability of the licensee the competentlicensing authorities thoroughly examine also its capability for ensuring continued safe and effective operations under all foreseeable conditions.
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Licensing authorities shall, when considering whether to grant authorisation for offshore oil and gas activities pursuant to Directive 94/22/EC, pay special attention to all ecologically sensitive marine and coastal environments, many of which play an important role in mitigation and adaptation to climate change.
Amendment 117 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to maintain the effectiveness of major accident risk controls in Union waters, Major Hazard Reports need to be prepared in respect of any significant aspect of the lifecycle of a production installation, including design, operation, operations when combined with other installations, major modifications, and final abandonment. The report needs to be submitted to the competent authority so that the operations may not proceed unless the competent authority has assessed and then accepted the Major Hazards Report bey means of an appropriate consenting procedure.
Amendment 132 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State considers that a well operation or the operation of an installation maymajor accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant negative effects on waters ofthe environment in another Member State in the case of an accident, or where a Member State likely to be significantly affected so requests, the Member State in whose jurisdiction the operations are to take place, shall forward the relevant information to the affected Member State the relevant information and shall endeavour to adopt joint preventiveagreed measures to prevent damages.
Amendment 135 #
Proposal for a regulation
Recital 47
Recital 47
(47) Apart from the measures introduced in this Regulation, the Commission (via the Offshore Authorities Forum) should explore other appropriate means of improving the prevention of offshore oil and gas accidents and mitigation of their effects.
Amendment 139 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The major accident prevention policy and the safety management systems shall be prepared in accordance with the requirements set out in Annex IV and shall make clear the operator's primary responsibility for the control of major hazard risks, which are a result of its activitierelating to the offshore oil and gas operations.
Amendment 149 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where non compliance with the provisions of paragraph 1 to this Article poses an immediate danger to human health or threatens to cause anan activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident, operators shall take immediate significantd adverse effect upon safety and/or the environment, the operation of the installation or operation of relevant part thereof shall be suspended by the operator, until compliance is restoredppropriate measures, such as the suspension of the operation of the installation, until the threat of or actual imminent danger is brought under control.
Amendment 152 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States with offshore oil and gas activities under their jurisdiction shall monitor the effectiveness of the competent authority and shall take any necessary measures to effect improvements thereto.
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘'acceptance’' shall mean: the conveyance in writing to the operator by the competent authority of the positive conclusions of its examination of the operator's Major Hazards Report pursuant to the requirements of this Regulationthat its assessment of the Major Hazards Report has concluded that the arrangements and measures described, taken as a whole, are likely to achieve compliance with this Regulation if they are implemented as described;
Amendment 156 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to employees to relevcontractors antd subcontractors connected with the operation and their employees, and ensure that reference to anonymous reporting is included in relevant training and notices.
Amendment 156 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘'commencement of operations’' shall mean: the point in time when the installation for connected infrastructure is involved for the first time in the operations for which it is designed for.
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘'connected infrastructure’' shall mean: an offshore equipment, pipeline or some oy well (and associated structures, supplementary units and devices) connected to ther installation above or below the water surface used for transporting oil and gas to another installation nearby, onshore processing or storage facility or for transporting and loading oil to a shuttle tankernd any pipeline apparatus or works within 500m of the main structure of the offshore installation to which it is attached, as well as any apparatus or works on or fixed to the main structure of the offshore installation;
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8 a. 'entity' shall mean any natural or legal person or any group of such persons;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. ‘'consenting procedure’' shall mean: a procedure of thorough assessment of all relevant information concerning a planned offshore oil and gas operation by the competent authority, concluded by acceptance of the major hazard report by the competent authority and absence of objections to well orand the absence of objections by the competent authority to the combined operations notifications or well notification submitted by the operators;
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘exclusion'safety zone’' shall mean: area surrounding the installation or connected infrastructure that is established by the Member State in which unrelated activities are prohibited;
Amendment 163 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘'external emergency response plan’' shall mean: local, national or regional strategy to prevent escalation or limit consequences of an accident related to offshore oil and gas operations using all available resources in addition toof the operator including those described in internal emergency response plans, and any supplementary resources made available by the Member States;
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘'industry’' shall mean: private companentities that are directly involved in offshore oil and gas activities pursuant to this regulation or whose activities are closely related to those operations;
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. ‘'installation’' shall mean: either a production or a non-production installa stationary fixed or mobile facility, or a combination of facilities permanently inter-connected by bridges or other structures, used for offshore oil and gas operations or in connection with these operations ;
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
15. ‘'internal emergency response plan’' shall mean: an overview prepared by operators pursuant to requirements of this Regulation of the measures to prevent escalation or limit consequences of an accident related to offshore oil and gas operations within an exclusion zone around the installation;
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
15 a. 'licence' shall mean the authorisation conferring exclusive rights for the purpose of undertaking offshore oil and gas operations;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
17. ‘'licensee’' shall mean: the holder ofr joint holder of an authorisation to carry out offshore operation pursuant to Directive 94/22/ECil and gas operations;
Amendment 176 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘'major accident’' shall mean: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to th) explosion, loss of well control, release of hydrocarbons or dangerous substance einvironment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, andolving fatalities or serious personal injury. b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; c) any other event involvingleading to death or majorserious injury to five or more persons on or working in connection with the installationthe offshore installation from which the source of danger occurs or engaged in an activity in connection with it; d) any major environmental incident;
Amendment 179 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Competent authorities shall make information received pursuant to this Regulation available to any natural or legal personentity who so requests.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. 'major environmental incident' shall mean: an incident which is likely to result, or has resulted, in significant adverse changes to the environment, having regard to significance under Directive 2004/35/EC;
Amendment 182 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall supplybmit to the competent authority, and make available to the public, a version of the requested document that excludes confidential information.
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
21. ‘'offshore oil and gas operations’' shall mean: all activitieoperations related to exploring for, producing or processing of oil and gas offshore. This includes transport of oil and gas through offshoreconnected infrastructure connected to anto an offshore installation or subsea installation but not transportation of oil and gas from one coast to another, where connected infrastructure only passes through the jurisdiction of a Member State;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
23. ‘operator of 'production installation’ operator' shall mean: a personan entity appointed by the licensee to manage and control the main functions of a production installation and approved by the Member State;
Amendment 189 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond to any major accident within the installation, or within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellheadinvolving an installation or the connected infrastructure;
Amendment 191 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
24. ‘owner’'non-production installation operator' shall mean: a personn entity legally entitled to control the operation of a non- production installation and approved by the Member State;
Amendment 192 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The operator shall maintain access to equipment and expertise relevant to the plan to be available at all times, and shared as necessary with the relevant Member State in the execution of the external emergency response plan.
Amendment 193 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The internal emergency response plan shall be prepared in accordance with the provisions of Annex V, and updated in line with any relevant changes to the major hazard risk assessments in the well plan or Major Hazards Report as appropriateor notifications submitted pursuant to Annex II. Any such updates shall be advisnotified to the relevant authorityies responsible for preparing the external emergency response plans for the area concerned.
Amendment 194 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 194 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘'public’' shall mean: one or more natural or legal personentities and, in accordance with national legislation or practice, their associations, organisations or groups;
Amendment 199 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction. The external emergency response plans shall specify the role of operators in the external emergency response.
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30 a (new)
Article 2 – paragraph 1 – point 30 a (new)
30 a. 'safety critical elements' shall mean: such parts of an installation and such parts of its plant, including computer programmes, the failure of which could cause or contribute substantially to a major accident, or a purpose of which is to prevent, or limit the effect of a major accident;
Amendment 201 #
Proposal for a regulation
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
32. ‘'well operation’' shall mean: the drilling of a well for exploration or production purposes, including suspension ofany operation concerning a well that can result in the accidental release of materials that has the potential to lead to a major accident, including the drilling of a well related to offshore oil and gas operations, the repairing or modifying of a wells, permanent abandonment, or any operation concerning a well that can result in the accidental release of fluids or risk of major accidentthe suspension of operations or the permanent abandonment of a well;
Amendment 202 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. External emergency response plans shall be prepared with the cooperation of relevant operators and, as appropriate, licensees, and aligned with thecurrent internal emergency response plans of the existing or planned installations stationed or plannedconnected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33. ‘'well operator’' shall mean: the person appointed by the licenseean entity appointed to plan and execute a well operation and approved by the Member State.
Amendment 204 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States with offshore oil and gas activities under their jurisdiction shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all Member States in a geographical region, and further afield where appropriate. Member States concerned shall encourage industry to develop compatible response instrumentequipment and services in the spirit of this paragraph.
Amendment 206 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The operator shall immediately notify the relevant authorities of a major accident or of a situation with immediate risk of a major accident. Where necessary, relevant authorities shall assist the operator concerned with a view to preventing escalation of the risk or accident. The notification shall include the circumstances of the accident and its foreseen consequences.
Amendment 207 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. In the event of an major accident, the relevant authoritiesoperator, in cooperation with operators concerned, shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences. The operator may be assisted by the relevant authorities who may supply additional resources.
Amendment 207 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Should a major accident nonetheless occur, operators and competent authorities shall take all suitable measures to limit their consequences for human health and the environment and where possible to avoid serious disruptions of oil and gas production within the Union.
Amendment 210 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where transboundary effects of offshore oil and gas accidents are foreseeable, the Member States concerned shall make information available to the Commission and potentially affected Member States or third countries on a reciprocity basis and take identified risks into account when preparing the external emergency response plan. The Member States in question shall coordinate their emergency response plans to facilitate joint response to an accident. Where transboundary effects of onshore oil and gas accidents are foreseeable and present risks for third countries, Member States shall make information available to the Commission and, on a reciprocity basis, to the third countries.
Amendment 218 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Article 2(1)(b) of that Directive shall be replaced by the following:Before amending Directive 2004/35/EC, the Commission shall undertake an impact assessment to ascertain how extending the geographical scope of the Directive will affect all marine industry sectors. The Commission shall ensure full consultation with the relevant sectors, including the fisheries and insurance industries.
Amendment 224 #
Proposal for a regulation
Annex II – part 2 – point 4
Annex II – part 2 – point 4
(4) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, and that their control measures arincluding safety critical elements are and will continue to be suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent tolerable level;
Amendment 225 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for offshore oil and gas exploration operations, and for production operations shall be granted separatelyrelating to the same licensed area shall be granted progressively such that information collected pursuant to exploration activity can be considered by the licensing authority prior to production operations being authorised.
Amendment 234 #
Proposal for a regulation
Annex IV – paragraph 4
Annex IV – paragraph 4
4. Operators shall ensure that hazardous substances are at all times contained within the pipelines, vessels and systems intended for their safe confinement. In addition, operators shall ensure that no single failure of a barrier to loss of containment barrier can lead to a major hazard incident.
Amendment 244 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Installations and connected infrastructure shall only be operated in licensed areas by licensees, or entities they contract andoperators appointed for that purpose, and that are approved by Member States.
Amendment 246 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The licensee shall ensure that the appointed operator is capable of satisfactorily carrying out the functions and duties pursuant to the requirements of this Regulation, and take all reasonable steps to ensure that the functions and duties are undertaken in accordance with these requirements.
Amendment 247 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the competent authority considers that the person appointed by the licensee is not competent to act as operator of an installation or as a well operatorinforms the Member State's licensing authority that the operator is not competent to perform the relevant functions and duties , the licensee shall be notified by the licensing authority thereof and; shall assume all responsibilities of an operator pursuant to this Regulationy for the execution of the functions and duties; and shall nominate a replacement operator as soon as possible.
Amendment 248 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Installations pursuant to paragraph 1 may not commence or continue operations within licensed areas without submission of a Major Hazards Report pursuant to conditions and deadlines specified in Articles 10 and 11 and its acceptance by the competent authority pursuant to this Regulation.
Amendment 249 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Well and combinedCombined operations or well operations may not be undertaken unless the Major Hazards Report for the installation has been accepted pursuant to paragraph 3 of this Article. Furthermore, operations may not be commenced and conducted without submission of a well or combined operations notification pursuant to conditions and deadlines specified inor well notification pursuant to Articles 13 and 14 to the competent authority, or if the competent authority expresses objections to the content of the a notification.
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States with offshore oil and gas activitieoperations under their jurisdiction shall appoint a competent authority responsible for duties laid down inrelated to the scope of this Regulation.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The competent authoritiesy appointed pursuant to paragraph 1 as a minimum shall be responsible for the following taskduties:
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) performing inspecoverseeing compliance of operators and owners with this legislations, by conducting inspections and investigations and taking enforcement action;
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The cCompetent authority shall be organised in accordance withies undertaking duties pursuant to this Regulation shall be functionally independent from those provisions of Article 19 so as to earts of the Member States exercising functionsu re independent performance of potentially conflicting tasks, expertise and general effectiveness in regulating offshore oil and gas activitilating to economic development of the Member State, in particular the granting of authorisations pursuant to Directive 94/22/EC, and the setting of policy for, and collection of, related revenues.
Amendment 257 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the competent authorityies have adequate human and financial resources to perform its tasks accordingthe duties pursuant to this Regulation.
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Subject to the transitional provisions in Article 39, the operator of a production or a non-production installation shall submit to the competent authority the following documents:
Amendment 266 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) in the case of a planned production installation, a design notification in accordance with the minimum requirements of Annex II, part 1;
Amendment 267 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) a Major Hazard Report containing the details specified in Article 10 or Article 1in the case of an existing production installation which is to be moved to a new production location where it is to be operated, a relocation notification in accordance with the requirements of Annex II, part 1;
Amendment 268 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) an internal emergency response plan pursuant to Article 12, integrated into the Major Hazards Report Major Hazard Report containing the details specified in Article 10;
Amendment 269 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 272 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authority shall receive the design notification no later than 24 weeks before the intended submission ofSubject to the transitional provisions in Article 39, the operator of a non- production installation shall submit to the competent authority a Major Hazards Report for the planned operationcontaining the details specified in Article 11.
Amendment 273 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Major Hazard Report shall be notified to the competent authority within a deadline set out by the competent authority and no later than 12 weeks before the planned commencement of operationcompetent authority shall receive the design notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the completion of the final design and the preparation the Major Hazards Report.
Amendment 274 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The competent authority shall receive the relocation notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the preparation of the Major Hazards Report.
Amendment 275 #
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3 b. Where an existing production installation is to enter or leave the waters of a Member State, the relevant competent authorities shall be notified in writing prior to the date on which the production installation is due to enter or leave the Member State's waters.
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 3 c (new)
Article 9 – paragraph 3 c (new)
3 c. Where there is a material change to the design or relocation notification prior to the submission of the Major Hazard report, the competent authority shall be notified of the change as soon as possible.
Amendment 277 #
Proposal for a regulation
Article 9 – paragraph 3 d (new)
Article 9 – paragraph 3 d (new)
3 d. The competent authority shall receive the Major Hazard Report no later than 24 weeks before the planned commencement of operation or within a timescale specified by the competent authority.
Amendment 279 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Major Hazard Report for a production installation shall contain, at a minimum, the details specified in Annex II, parts 2 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.
Amendment 282 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where significant modifications are to be made to the production installation that materially alters the risk of major accidents, or it is intended to dismantle thea fixed production installation, the Major Hazard Report for a production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 and submitted to the competent authority.
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where further information is necessary before a Major Hazard Report can be accepted, the competent authority shall request further information or changes to the documents submittedoperator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions.
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The amended Major Hazard Report for a production installation pursuant to paragraph 3 shall be submitted to the competent authority no later than 12 weeks before the planned works are commenced, or within a deadlintimescale specified by the competent authority and no later than 6 weeks before the planned works are commenced. The planned works shall not be commenced. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for the production installation.
Amendment 285 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Major Hazard Report for a production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority, and the results of. A summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be noten required by the competent authority within a timescale specified toby the competent authority.
Amendment 286 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Major Hazard report for a non- production installation shall contain, at a minimum, the details specified in Annex II, parts 3 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.
Amendment 288 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where significant modifications are made to be the non-production installation that materially alters the risk of major accidents, or it is intended to dismantle thea fixed non- production installation, the Major Hazard Report for a non- production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 (excluding paragraph 4) and submitted to the competent authority.
Amendment 289 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. For a fixed non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority no later than 12 weeks before the planned works are to be commenced or within a deadlintimescale specified by the competent authority and no later than 2 weeks before the planned works are to be commenced. The planned works shall not be commenced. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for a non-the production installation.
Amendment 290 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For a mobile non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority within a deadline specified by competent authority and in no caseno later than 12 weeks before the installation is due to commence operations or within a timescale specified by the competent authority. The installation may not be operated until the competent authority has accepted the amended Major Hazard Report for a non- production installation.
Amendment 292 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where further information is necessary before a Major Hazard Report can be accepted, the competent authority shall request further information or changes to the documents submitted.operator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions
Amendment 293 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Major Hazard Report for a non- production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority. The results ofA summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be noten required by the competent authority, within a timescale specified toby the competent authority.
Amendment 294 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Operators shall prepare internal emergency response plans taking into account the major accident risk assessments undertaken during preparation of the most recent major hazard report. In the case of drilling a well from a mobile non-production installation, the risk assessment pursuant to the well notification should be incorporainternal emergency response plan shall be submitted into the emergency response plan for the installcompetent authority to accompany the relevant well notification.
Amendment 295 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. For production and non-production installations, the operator shall submit the internal emergency response plan shall be submitted to the competent authority as part ofto accompany the Major Hazard Report.
Amendment 296 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 298 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. Equipment for capping all potential spills shall be available in such locations as to allow for timely deployment in the event of a major accident.
Amendment 299 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. No less than 21 days prior to the start of a well operation, tThe well operator shall send to the competent authority a notification containing details of the design of the well and itsthe proposed well operations in accordance with the minimum requirements of Annex II, part 4 no later than 21 days before the commencement of well operations or within a timescale specified by the competent authority.
Amendment 300 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall consider the notification and take action it considers necessary, if deemed necessary, take appropriate action before the well operations may commence.
Amendment 301 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The well operator shall immediately notify the competent authority of any significantmaterial change to the details of the well notification and simultaneously inform. The well operator will involve the independent well examinverifier pursuant to Article 15(3b).
Amendment 302 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Where well operations involve the risk of an unplanned release of hydrocarbons from the well, the operator shall submit reports to the competent authority in accordance with the requirements of Annex II Part 4A. The reports shall be submitted at weekly intervals, starting on the day of commencement of the well operations, or at intervals specified by the competent authority.
Amendment 303 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. An operator of an installation which is to be involved in a combined operations shall send to the competent authorubmity a notification containing details of the combined operations to the competent authority in accordance with the minimum requirements of Annex II, part 7. ThWhere there is more than one operators of concernedthe installations mayinvolved in the combined operation, the operators should agree for that one of them to should prepare the notification of combined operations on their behalf. The notification shall be submitted no later than 21 days before combined operations commence. or within a timescale specified by the competent authority.
Amendment 304 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The competent authority shall consider the notification and take action it considers necessary before the combined operation mays commence.
Amendment 305 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The operator who prepared the notification shall without delay inform the competent authority of any significant material change to the details of thereofcombined operation notification.
Amendment 339 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7 a. The Commission shall, in consultation with the Offshore Authorities Forum, draw up and regularly update a list of organisations recognised as independent third party verifiers for production installations in accordance with Article 35.
Amendment 343 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 344 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The competent authority shall require the operator to take any suitable complementary measures that the competent authority considers necessary to restore compliance pursuant to Article 3 paragraph 1.
Amendment 366 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1 a. Operators shall provide the competent authorities, or any other persons acting under the direction of the competent authorities, with transport to or from an installation (including the conveyance of their equipment) at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits to the installations, for the purpose of oversight, including inspections, investigations and enforcement of compliance with the provisions of this Regulation.
Amendment 385 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The Member States shall prepare an annual report concerningon safety and the environmental impact of offshore oil and gas operations, which includes:
Amendment 386 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) incident data pursuant to the common reporting system required inpublication requirements pursuant to Articles 22 and 23;
Amendment 387 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the safety and environmental performaany major change in relation to prevention of major accidents and the limiting of consequences of offshore oil and gas operationsmajor accidents that do occur, including the pertinence of any suspension of operations that might be of application in their jurisdiction.
Amendment 388 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall designate an authority toCompetent authorities shall be responsible for exchanging information pursuant to Article 22 and publication of information pursuant to Article 23 and shall inform the Commission accordingly.
Amendment 391 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall conduct thorough investigations of major accidents involving significant damage (to persons and environment) or involving major loss of assets. The report of the investigation shall include an assessment of the effectiveness of the competent authority's regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where neededor competent authorities shall initiate thorough investigations of major accidents.
Amendment 393 #
Proposal for a regulation
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2 a. Member States shall make an assessment of the effectiveness of the competent authority's oversight of the installation concerned in the time preceding the accident and recommendations for any appropriate changes to the relevant regulatory practices.
Amendment 397 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Following itsthe investigations pursuant to paragraph 2, the competent authority shall implement any recommendations of the investigation that are within its powers to act.
Amendment 406 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A Member State may seek the opinion of other Member States participating in the exchange of informationa neighbouring Member State pursuant to paragraph 1 regarding any decision of another Member State that has potentialthat could have a negative cross border impact.
Amendment 411 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall promote high safety and environmental standards for offshore oil and gas operations at international level at all appropriate global and regional fora, including those related to Arctic waters.
Amendment 412 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3 a. The Commission, the EU Offshore Authorities Forum and competent authorities concerned shall work with other international fora and EU operators to encourage the application of the highest possible safety and environmental standards globally;
Amendment 413 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipientrespond to any major accident within the installation, or within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellheadinvolving an installation or the connected infrastructure;
Amendment 416 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) be operated in line with the external emergency response plan where the accident has escalated beyond the installatioand it is necessary to supplement the internal emergency response plan.
Amendment 418 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The operator shall maintain access to equipment and expertise relevant to the plan to be available at all times, and shared as necessary with the relevant Member State in the execution of the external emergency response plan.
Amendment 419 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The internal emergency response plan shall be prepared in accordance with the provisions of Annex V, and updated in line with any relevant changes to the major hazard risk assessments in the well plan or Major Hazards Report as appropriate. Any suchor notifications submitted pursuant to Annex II. Significant updates shall be advisnotified to the relevant authorityies responsible for preparing the external emergency response plans for the area concerned.
Amendment 428 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction. The external emergency response plans shall specify the role of operators in the external emergency response, and the operators' responsibility for the costs of external emergency response.
Amendment 430 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. External emergency response plans shall be prepared with the cooperation of relevant operators and, as appropriate, licensees, and aligned with thecurrent internal emergency response plans of the installations stationed or plannedfor existing or planned installations or connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.
Amendment 432 #
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 appropriateto the Offshore Authorities Forum and to the public. When making available their external emergency response plans the Member States with offshore oil and gas activities under their jurisdiction shall ensure that disclosed information does not pose risks to safety and security of offshore oil and gas installations and their operation.
Amendment 433 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States with offshore oil and gas activities under their jurisdiction shall take all suitable measures to achieve a high level of compatibility and interoperability of response equipment and expertise between all Member States in a geographical region, and further afield where appropriate. Member States concerned shall encourage industry to develop compatible response instrumentequipment and services in the spirit of this paragraph.
Amendment 434 #
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. Member States concerned shall keep updated records of emergency response resourequipment and services available in their territory or jurisdiction by both public and private entities. Those records shall be made available to theupon request to other Member States, to the Offshore Authorities Forum and, on a reciprocal basis, withto neighbouring third countries, and to the Commission.
Amendment 435 #
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. Member States concerned and the operators shall regularly test their preparedness to respond effectively to offshore oil and gas accidents.
Amendment 454 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37 a Amendment to Directive 2008/99/EC on the protection of the environment through criminal law Directive 2008/99/EC is hereby amended as follows: (1) In Article 3, the following point is amended: '(h) any conduct which causes the significant deterioration of a habitat within a protected site, including a major accident caused by offshore oil and gas operations;' (2) In Annex A, the following indent is added: '– Directive XX/XX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities'.