39 Amendments of Michèle RIVASI related to 2011/0309(COD)
Amendment 100 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) 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 113 #
Proposal for a regulation
Recital 16
Recital 16
(16) To maintain an appropriate distinction between economic development and environmental, health and safety regulation the competent authorityies responsible for licences and authorisations for offshore oil and gas activities and the authority responsible for evaluating the environmental, health and safety conditions should be demonstrably independent from national economic sponsorship.
Amendment 132 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) 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 139 #
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 and arrangements. The Commission should report on ther arrangements findings and proposals within one year after adoption of this Regulation.
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘accept'tolerable’' 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; (If adopted, the reference to "acceptable" in Article 3 paragraph 4 is also changed to "tolerable".)
Amendment 210 #
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. Operators shall ensure the highest level of performance in accident prevention and remediation at least equal to best practice performance, including sufficiency of resources, levels of safety for mobilization, deployment times and oil and gas clean-up and recovery rates for all operating conditions. Operators shall ensure that extreme operating conditions do not compromise neither accident prevention nor remediation.
Amendment 212 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Decisions on granting licences or other authorisations for offshore oil and gas activities pursuant to Directive 94/22/EC shall take into account the capacity of applicants to meet requirements for specific activities within the framework of that licence or authorisation as required by the relevant provisions of Union law, notably in this Regulation. When taking such decisions, authorities shall take due account of the effectiveness of accident prevention and emergency response capacities, including through the use of oil spill response gap analysis models.
Amendment 214 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. In case of a conflict, the licensing authorities pursuant to Directive 94/22/EC shall not take precedence over views of competent authorities for health, safety and environment.
Amendment 215 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1 b. Where risks cannot be avoided or managed to a tolerable level, the competent authority shall refuse any licence or authorisation for offshore oil and gas activities.
Amendment 217 #
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 licence or 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 222 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member States shall ensure that the competent authority does not grant a licence or 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 231 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. 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 235 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4 b. The Commission shall, by [one year after adoption of the Regulation], transmit 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 237 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to the provisions for public participation in the context of application of Directive 85/337/EEC as amended, Member States shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures 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 243 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a 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 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 organization 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 261 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a 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 Community legislation in the field of offshore oil and gas safety. 2. The Agency shall review authorisations regarding the provisions of this Regulation, audit competent authorities, and have an oversight of inspections as well as Member State arrangements for emergency response. 3. The Agency shall in addition have the following responsibilities with regards to emergency response: (i) Assist 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) Assist Member States with remediation and clean-up efforts and coordinate transboundary emergency response following a major accident, including in the case of transboundary impacts beyond EU waters; (iii) Assist 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 270 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(d a) evidence of the operator's financial security.
Amendment 357 #
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 376 #
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 379 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The information pursuant Article 22 to 25 and 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 381 #
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 390 #
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 392 #
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 395 #
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 414 #
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 422 #
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 pla, at minimum annually, 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 425 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. The operator shall make the internal emergency response plans publically available.
Amendment 427 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Research reducing environmental, health and safety risks of offshore oil and gas activities Operators and licencees shall annually invest at least an amount corresponding to 5% of the investment into offshore oil and gas exploration in research and development for the reduction of environmental, health and safety risks associated with offshore oil and gas activities. The results of the research undertaken shall be made available to the public.
Amendment 523 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point -a (new)
Annex 2 – part 5 – point 1 – point -a (new)
(-a) it is an independent legal entity;
Amendment 524 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point -aa (new)
Annex 2 – part 5 – point 1 – point -aa (new)
(-aa) it shall have no conflict of interest with the operator of the installation or the well operator;
Amendment 525 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point -ab (new)
Annex 2 – part 5 – point 1 – point -ab (new)
(-ab) 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 530 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – point b
Annex 2 – part 5 – point 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 582 #
Proposal for a regulation
Annex 3 – point 3 – point i
Annex 3 – point 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; Or. en (Links to Rapporteur's AM 22)
Amendment 585 #
Proposal for a regulation
Annex 3 – point 3 – point i a (new)
Annex 3 – point 3 – point i a (new)
(i a) an assessment of the effectiveness of operator's emergency response capacities, including worst case discharge deployment and recovery performances.
Amendment 612 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point e
Annex 5 – part 1 – point 1 – point e
(e) a description of the equipment and the resources available, including for capping any potential spill;
Amendment 614 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point e a (new)
Annex 5 – part 1 – point 1 – point e a (new)
(e a) Evidence of prior assessments of any chemicals used as dispersants that have been carried out to minimize public health implications and further environmental damage;
Amendment 618 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point g
Annex 5 – part 1 – point 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 damages during a major accident;
Amendment 620 #
Proposal for a regulation
Annex 5 – part 1 – point 1 – point i a (new)
Annex 5 – part 1 – point 1 – point i a (new)
(i a) 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 631 #
Proposal for a regulation
Annex 5 – part 2 – point 2 – point d a (new)
Annex 5 – part 2 – point 2 – point d a (new)
(d a) evidence of prior environment and health assessments of any chemicals foreseen for use as dispersants;