Activities of Bart STAES 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 (45)
Amendment 65 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Offshore oil and gas operations are taking place in increasingly challenging environments and under extreme conditions, where accidents are likely to have devastating and irreversible consequences on the marine and coastal environment as well as significant negative impacts on coastal economies.
Amendment 67 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 70 #
Proposal for a regulation
Recital 12
Recital 12
(12) In accordance with Directive 85/337/EEC, as amended, which applies to exploration and exploitation of oil and gas activities, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an assessment with regard to their effects and a requirement for development consent. In line with the Århus Convention and Directive 85/337/EEC when an activity is subject to development consent an effective public participation should be provided in accordance with the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. Members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.
Amendment 72 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Directive 85/337/EEC1, on the assessment of the effects of certain public and private projects on the environment, as amended, has harmonised the principles of the environmental impact assessments of projects by introducing general minimum requirements. The Commission should consider developing guidance for evaluating the impacts of all offshore project phases, including exploration, operation and decommissioning, as well as developing specific requirements for extreme operating conditions. ___________ 1 OJ L 175, 5.7. 85, p. 40.
Amendment 73 #
Proposal for a regulation
Recital 40
Recital 40
(40) The serious environmental concerns and vulnerability relating to the unique Arctic waters, a neighbouring marine environment of particular importance for the Community which plays an important role in mitigating climate change, require special attention to ensure the environmental protection of the Arctic in relation to any. As long as an effective response to any accident in the Arctic conditions cannot be guaranteed, Member States should refrain from authorising offshore activities, including exploration, in the area.
Amendment 77 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) Equipment for capping any potential spills should be an essential part of emergency plans and be readily available for use in proximity to installations to allow for timely and effective deployment in the event of a major accident.
Amendment 80 #
Proposal for a regulation
Recital 48
Recital 48
(48) Member States should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations, through the provision of financial security, and should decide which instruments (inter alia insurance, reserve funds, bank guarantees, and/or risk pooling) are appropriate for this purpose. 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, and requirements on financial capacity including improving the availability of appropriated financial security instruments or other arrangements. and arrangements. The Commission should report on the findings and proposals within one year after adoption of this Regulation.
Amendment 86 #
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘accepttolerable’ shall mean: rendering aoperating conditions where response measures are available and not prohibitively expensive, while the risk of a major accident tolerablehas been reduced to the furthest extent possible beyond which no significant reduction of the risk is derived from the input of further time, resources or cost; Or. en (If adopted, the reference to "acceptable" in Article 3 paragraph 4 is also changed to "tolerable".)
Amendment 89 #
Proposal for a regulation
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
19a. 'oil spill response gap' shall mean: a situation in which activities that may cause an oil spill are conducted during times when an effective response cannot be achieved, either because technologies available will not be effective or because their deployment is precluded due to environmental conditions or other limiting factors;
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Operators shall ensure that their operations in extreme operating conditions compromise neither accident prevention nor remediation. Where risks cannot be avoided or managed to an acceptable level, a competent authority shall refuse authorisation. When granting authorisations, due account shall be taken of the effectiveness of accident prevention and emergency response capacities, including through the use of oil spill response gap analysis models. Operators shall ensure the highest level of performance in accident prevention and remediation at least equal to best practice performance under normal operating conditions, including sufficiency of resources, levels of safety for mobilisation, deployment times and oil and gas clean-up and recovery rates.
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. On the basis of the precautionary principle and taking into account the remaining oil spill response gap and lack of effective intervention capacities, Member States shall refrain from authorising any offshore hydrocarbon exploration and extraction operations in the Arctic.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In particular, when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities, due account shall be taken of the risk, hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants‘ financial capacities, including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damages. Worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved, including the transparency and effectiveness of any response measures shall also be taken into account.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that the licensing authority does not grant an authorisation unless it is satisfied that the applicant has supplied evidence of adequate provisions by way of financial security, on the basis of arrangements to be decided by the Member States, to cover all liabilities potentially deriving from its offshore oil and gas activities, in particular liability for environmental damage. The financial security shall be valid and effective before the commencement of well operations.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Licensing 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. based on the environmental impact assessment carried out pursuant to Directive 85/337/EEC as amended and shall ensure that financial securities are proportionate to those conditions. In the case of a conflict, the opinion of the licensing authority under Directive 94/22/EC shall not take precedence over those of the competent authorities for health, safety and the environment.
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Entities applying for authorisation for offshore oil and gas activities shall fully disclose evidence of financial and technical capacity and any other relevant information related to the area concerned and the particular stage of exploration and production operations. The competent authorities shall make the information available to the public.
Amendment 117 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The Commission shall, by [one year after adoption of this Regulation], submit to the European Parliament and to the Council a report on the availability of financial security instruments, accompanied by proposals for arrangements to facilitate the provision of financial security.
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedurand authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of Annex I to this Regulation. The procedures shall be those laid down in Annex II of Directive 2003/35/EC.
Amendment 120 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Access to justice 1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions in the context of authorisation and licensing procedures when one of the following conditions is met: (a) they have a sufficient interest; (b) they maintain the impairment of a right, where the administrative procedural law of a Member State requires this as a precondition. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non- governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 124 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Agency control of offshore safety 1. The European Maritime Safety Agency (EMSA) or a new appropriately established Agency, hereafter 'the Agency', shall provide the Commission and Member States with technical and scientific assistance in order to ensure risk minimisation and proper application of Union legislation in the field of offshore oil and gas safety. 2. The Agency shall review authorisations granted under this Regulation, audit competent authorities, and have oversight of inspections as well as Member State arrangements for emergency response. 3. The Agency shall in addition have the following responsibilities with regard to emergency response: (i) assisting Member States and the Commission in detecting and monitoring the extent and environmental impact of an oil spill and safety risks from installations or vessels operating around them; (ii) assisting Member States with remediation and clean-up efforts and coordinating transboundary emergency response following a major accident, including in the case of transboundary impacts beyond EU waters; (iii) assisting Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; The Agency shall promote high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) evidence of the operator's financial security.
Amendment 130 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. The Commission shall, in cooperation with the Agency, draw up and regularly update a list of organisations recognised as independent third party verifiers for production installations in accordance with Article 35.
Amendment 143 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Licensees, operators and major contractors based in the Union shall endeavour to conduct their offshore oil and gas operations when outside the Union in accordance with the principles set out in this Regulation.
Amendment 159 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities. Those records shall be made available to other Member States or potentially affected third countries, to the Agency and to the Commission.
Amendment 161 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The information pursuunder Article 22 to 25 antd Annex VI shall be made publicly available without a need for request pursuant to applicable provisions of Union legislation onby the competent authority without a need for request in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 162 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Commission, assisted by the Agency, shall by means of an implementing measure also determine a common publication format that shall enable easy cross-border comparison of data. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 4 of the Regulation (EU) No 182/2011. While remaining accessible to general public, the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this Article and Article 24.
Amendment 170 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Every two years, the Commission shall publish reports on the safety of offshore operations across the Union based on the information reported to it by Member States and the European Maritime Safety Agency. The Commission shall be assisted in this task by the Agency and relevant Member States pursuant Article 267.
Amendment 173 #
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 regulationoversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed.
Amendment 175 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. A summary of the investigation report prepared pursuant to paragraph 2 of this Article shall be made available to the Commission and the Agency at the conclusion of the investigation or at the conclusion of legal proceedings, whichever is the later. A specific version of the report, that takes into account possible legal limitations, shall be made available publicly with regard to Articles 22 and 23.
Amendment 190 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipient major accident within the installprevent escalation or limit consequences of an accident related to offshore oil and gas operation, ors within thean exclusion zone established by the Member State around the perimeter of the installation, or subsea wellhead or pipeline;
Amendment 195 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The operator shall periodically test the effectiveness of the internal emergency response plaannually test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation, containment and control, recovery, clean- up and disposal operations.
Amendment 197 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The operator shall make the internal emergency response plans publicly available.
Amendment 198 #
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' liability regarding the costs of external emergency response.
Amendment 201 #
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 the internal emergency response plans of the installations stationed or plannedexisting 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 220 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37a 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 added : '(j) a major oil pollution accident.' (2) In Annex A, the following indent is added: '– Regulation XX/XX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities'
Amendment 227 #
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a (new)
Annex II – part 5 – paragraph 1 – point -a (new)
(-a) it is an independent legal entity;
Amendment 228 #
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a (new)
Annex II – part 5 – paragraph 1 – point -a (new)
(-a) the independent third party shall have no conflict of interest with the operator of the installation or the well operator;
Amendment 229 #
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a a (new)
Annex II – part 5 – paragraph 1 – point -a a (new)
(-aa) the independent third party, and the persons assisting it, shall have no commercial or financial interest in the operations to be undertaken by the operator.
Amendment 230 #
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point b
Annex II – part 5 – paragraph 1 – point b
(b) he is sufficiently independent of a management system which has, or has had, any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme;
Amendment 231 #
Proposal for a regulation
Annex III – paragraph 3 – point i
Annex III – paragraph 3 – point i
(i) an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use, including oil spill response gap analysis where relevant;
Amendment 232 #
Proposal for a regulation
Annex III – paragraph 3 – point i a (new)
Annex III – paragraph 3 – point i a (new)
(ia) an assessment of the effectiveness of the operator's emergency response capacities, including worst case discharge deployment and recovery performances.
Amendment 236 #
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point e
Annex V – part 1 – paragraph 1 – point e
(e) a description of the equipment and the resources available, including for capping any potential spill;
Amendment 237 #
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point e a (new)
Annex V – part 1 – paragraph 1 – point e a (new)
(ea) evidence of prior assessments of any chemicals used as dispersants that have been carried out to minimise public health implications and further environmental damage;
Amendment 238 #
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point g
Annex V – part 1 – paragraph 1 – point g
(g) arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in Annex II, part (2) (7), and part (3) (7) to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident;
Amendment 239 #
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point i a (new)
Annex V – part 1 – paragraph 1 – point i a (new)
(ia) an estimate of an oil spill response gap, expressed as a percentage of time, and a description of the operating limitations at the installations concerned. This gap-analysis involves a calculation of the maximum response operating limits of spill response systems for a set of environmental and safety factors and an analysis of the frequency, duration and timing of conditions that would preclude a response in a particular location. Environmental conditions to be considered in this response calculation shall include: (i) weather, including wind, visibility, precipitation and temperature; (ii) sea states, tides, and currents; (iii) ice and debris presence; (iv) hours of daylight; and (v) other known environmental conditions that might influence the efficiency of the response equipment or the overall effectiveness of a response effort;
Amendment 240 #
Proposal for a regulation
Annex V – part 2 – point 2 – point d a (new)
Annex V – part 2 – point 2 – point d a (new)
(da) evidence of prior environment and health assessments of any chemicals foreseen for use as dispersants,