Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ITRE | BELET Ivo ( PPE) | SKINNER Peter ( S&D), HALL Fiona ( ALDE), RIVASI Michèle ( Verts/ALE), FORD Vicky ( ECR) |
Committee Opinion | ENVI | PALECKIS Justas Vincas ( S&D) | Bart STAES ( Verts/ALE) |
Committee Opinion | EMPL | ||
Committee Opinion | JURI | LICHTENBERGER Eva ( Verts/ALE) | Sajjad KARIM ( ECR), Jiří MAŠTÁLKA ( GUE/NGL) |
Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Subjects
- 3.60.02 Oil industry, motor fuels
- 3.60.03 Gas, electricity, natural gas, biogas
- 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
- 3.70.10 Man-made disasters, industrial pollution and accidents
- 3.70.16 Law and environment, liability
- 4.15.15 Health and safety at work, occupational medicine
Events
In accordance with Directive 2013/30/EU amending Directive 2004/35/EC (Offshore safety Directive), the Commission has presented its second annual report on the safety of offshore oil and gas operations in the European Union (EU), on the basis of Member States' reports.
As in the report for 2016, the purpose of this annual report is: (i) to provide data on the number and type of installations in the EU; and (ii) to give information about incidents on — and the safety performance of — offshore oil and gas operations. In the coming years, when additional reports are available, the series of annual reports will serve as a record of safety performance in Member States’ offshore oil and gas activities.
The figures provided by Member States, specifically on the number and severity of accidents reported in relation to the number of installations, indicate that the European offshore sector also demonstrated a good safety performance in 2017.
The main findings are as follows:
The offshore oil and gas sector in the EU
The Commission received data from Bulgaria, Croatia, Cyprus, Denmark, Germany, Greece, Ireland, Italy, the Netherlands, Poland, Romania, Spain and the United Kingdom. Most of the facilities are located in the North Sea and the Atlantic Ocean (378 facilities), while 166 facilities are located in the Mediterranean Sea, eight in the Black Sea and two in the Baltic Sea.
Most of the EU's domestic oil and gas production comes from the North Sea and Atlantic region (around 94%). The United Kingdom is by far the largest contributor, followed by the Netherlands and Denmark. Italy and Croatia are active producers in the Mediterranean, while in the Black Sea only Romania currently has significant oil and gas production.
In total, there were 554 production and non-production installations reported in EU waters in 2017, which constitutes a decrease of approximately 5% (32 fewer installations) compared to 2016.
Inspections at sea
The competent authorities of the Member States regularly inspected the offshore installations under their jurisdiction in 2017. The number of inspections and investigations carried out has not changed significantly. Overall, the number of inspections carried out in 2017 (630) has decreased compared to 2016 (735). However, additional efforts have been made in terms of person-days (2083 man-days in 2017 compared to 1913 in 2016).
Following several incidents, three Member States (the United Kingdom, Denmark and the Netherlands) carried out investigations during the reporting period. The United Kingdom conducted 16 investigations into safety and environmental concerns and two major accident investigations. One of the major accident investigations conducted by the United Kingdom was still ongoing at the time of reporting. Denmark and the Netherlands have each conducted an investigation for a major accident.
Incident data
As in 2016, no fatalities were reported in 2017. In the EU, the total number of reported incidents increased from 42 in 2016 to 59 in 2017, largely due to an increased number of unintended releases. In contrast, the ‘loss of well control’ incidents fell from 11 in 2016 to eight in 2017, and the ‘failures of safety and environmental critical elements’ fell from three to one in the same period. There were no reports of failures of structural integrity in 2017, in contrast to two such failures reported in 2016.
Three collisions involving ships were reported for 2017 as well as two failures of a well barriers. In 2017, a total of four incidents were classified as major accidents, as they could have caused death or serious injury.
The Commission appreciates the decrease of incidents in certain categories, such as losses of well control, failures of safety and environmental critical elements, and failures of structural integrity. It notes the number of major accidents, unintended releases, vessel collisions and failures of well barriers. Based on the above, it can be said that the European offshore sector demonstrated a good safety performance in 2017.
As required by Directive 2004/35/EC (‘Offshore Safety Directive’), the Commission presents its annual report on the safety of offshore oil and gas operations in the European Union for 2016, based on reports from Member States. Its purpose is to provide data on the number and type of installations in the EU and to provide information on incidents and the safety performance of offshore oil and gas operations. Since this is the first annual report on this subject, a comparison with preceding years and conclusions on EU safety trends are not yet possible.
The main points in the report are the following:
Installations and production:
North Sea : the vast majority of offshore installations in EU waters are located in the United Kingdom and in the Netherlands (approximately 38 % and 26 % of offshore installations in EU waters respectively). Mediterranean : Italy is the most active Member State followed by Croatia. Black Sea region : Romania has an offshore oil and gas industry and Bulgaria has commenced exploration activities for offshore oil and gas. Baltic Sea : only Poland is reported to produce oil and gas offshore in this area.
Approximately 94 % of the EU’s domestic oil and gas is produced in the North Sea and Atlantic region . The United Kingdom is by large the most important contributor followed by the Netherlands and Denmark. Whereas Italy and Croatia are active producers in the Mediterranean Sea, only Romania currently has a noticeable oil and gas output in the Black Sea
Offshore investigations : following serious incidents, two Member States have carried out investigations during the reporting period:
the United Kingdom (21 for safety and environmental concerns, 1 for a major accident) and the Netherlands (1 for a major accident).
Enforcement actions : the United Kingdom has taken 7 enforcement actions , mainly improvement notices, for the 129 installations included in this part of its report (out of 225 installations), the Netherlands 2 (administrative fines) and Ireland 1.
Incident data: the United Kingdom, the Netherlands and Denmark reported incidents:
United Kingdom : 27 reportable events including one major accident; the UK’s report covers 129 installations out of a total of 225. In its annual report, the UK did not submit additional details on the major accident, which was still under investigation; the Netherlands : 13 reportable events, including one major accident. The causes of the major accident were procedural/organisational errors and an operational error; Denmark: 2 reportable events and no major accident.
Of the reportable events, the majority fell into the category of unintended releases (59.5 % of the total), 26.2 % concerned the loss of well control (blowout/diverter activation), 7.1 % failures of safety and environmental critical elements (and 4.8 % loss of structural integrity. One incident required the evacuation of personnel.
The Commission concludes that the European offshore oil and gas industry appears to have demonstrated an adequate level of safety , taking into account the figures provided and taking note of the low number and low level of severity of accidents reported. It states that this conclusion is in line with the assessment by national competent authorities , for example the UK, which reports a decline in dangerous occurrences and in the frequency of reportable injuries in relation to hours worked. Specifically, the Commission takes note that no fatalities were reported for 2016. Future reports, comparisons between years and the monitoring of trends will show whether the offshore sector can maintain this level of safety or make further progress.
The Commission presented a report on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2013/30/EU on safety of offshore oil and gas operations.
Directive 2013/30/EU seeks to achieve a high safety level for carrying out these operations.
The Directive empowers the Commission to adopt delegated acts in view of adapting Annexes I, II, VI and VII to include additional information which may become necessary in light of technical progress.
The power to adopt delegated acts is conferred on the Commission for a period of five years from 18 July 2013. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension.
Given the fact that the Offshore Safety Directive became applicable from 19 July 2013, that Member States had to implement the Directive by 19 July 2015, and that there are transitional periods postponing the Directive's application for certain installations until 19 July 2018, the Commission has not yet considered it necessary or appropriate to adapt its Annexes I, II, VI or VII to technical progress.
However, the Commission considers it necessary to extend the empowerment in view of the dynamic technical developments in the offshore sector, and of the limited time yet passed to gain practical experience regarding the application of the annexes.
The Commission presented a report on the adequacy of national expert resources for complying with the regulatory functions of Directive 2013/30/EU on safety of offshore oil and gas operations (OSD).
To comply with OSD's requirements from July 2015, each Member State must have established an authority ("competent authority"), which can carry out the regulatory functions required of the Member States pursuant to the Directive. Such an authority must be endowed, on an organisational level, with policies, procedures and processes, a range of technical and regulatory competences (specific to the offshore sector) as well as arrangements with stakeholders to carry out the regulatory functions effectively.
The Commission has not yet finalised its assessment whether national legislation of Member States is fully in line with the OSD. Appropriate staffing and administrative capacity of authorities remain a key element for carrying out all tasks for ensuring a high level of safety of offshore oil and gas operations.
The Commission worked closely with Member States in 2013 and 2014, mainly in the context of the EU Offshore Authorities Group (EUOAG), in order to assess their available resources and their plans for further capacity building of their competent authorities.
Member States oil and gas installation and activities : based on the size of the offshore industry i.e. number of offshore installations, the Member States can be divided into three groups:
Group 1 - Croatia, Denmark, Italy, Netherlands, United Kingdom - includes the Member States with high numbers of oil and gas production installations:
the estimated overall requirement for offshore technical and regulatory resource in 2016 for Group 1 Member State's competent authorities is around 288 FTE (full time equivalents) and the total numbers of proposed offshore technical and regulatory expertise available in 2016 is shown to be almost the same; on average, a 10 - 20% increase in the number of required staff is needed between 2014 and 2016. There are, however, noticeable shortfalls in the technical categories of diving (-17.5%), pipelines (-12.8%), mechanical (-10%), electrical (-9%), structural engineering (-25%) and naval architecture (-60%); at the EUOAG, all Member States of this group have indicated difficulties in recruitment of such qualified offshore technical competences for various reasons including competitive salary and availability of the desired skills.
Group 2 - Bulgaria, Germany, Greece, Ireland, Poland, Romania and Spain – are Member States that have low numbers of installations:
the estimated overall requirement for offshore technical and regulatory resources is around 50 FTE . The total numbers of offshore technical and regulatory expertise is shown to be significantly positive i.e. more than 50 FTE, due to significant resources of one Member State of this group across the technical disciplines; most of the shortfalls are less than one FTE. The most significant shortages identified are in “Regulatory Specialists & Safety Management Systems”. Further training or development may address this issue.
Group 3 - Cyprus, France, Malta, Portugal – contains Member States that have no production installations but planned or foreseeable exploration activities:
the estimated overall requirement for offshore technical and regulatory resources in Group 3 Member State's competent authority is around 16 FTE ; generally, smaller competent authorities have gaps in the range of offshore competences available within their organisation, e.g. in particular process engineering, environmental protection specialists, diving; most Member States competent authorities indicated possible agreements with other competent authorities for sharing competences to address such small shortfalls, which would be an acceptable solution.
Main conclusions : the Commission notes that offshore oil and gas operations in certain areas of the EU, such as the North Sea, are likely to decline due to the substantial downturn of oil prices.
Less offshore operations may reduce the projected workload for competent authorities and their need for resources. The shortfalls determined on the basis of the earlier survey may be less pronounced than formerly expected.
Need for additional resources : the comparison between estimated needs and polled actual situation shows shortfalls across the EU in 2014 of around 10%. Shortfalls for certain disciplines could increase without adequate action by Member States. These predicted gaps varied by Member State.
Member States are aware that a strengthening of resources is necessary and plan to recruit and train staff. If Member States recruit in line with their plans, most disciplines appear well sourced and a clear gap may only develop in the category for diving (-21%), mechanical engineering (-8%), emergency response (-14%) and naval architecture (-14%).
Adequate financial resources are necessary to recruit qualified staff and to train new recruits in areas for which qualified persons are not available.
Defining an operational strategy : apart from determining targets for resources, an operational strategy for meeting them, broken down in milestones and actions, should contribute to address any shortfalls in 2016. A wide range of options on which these strategies may be based on is available, and includes: (i) sources for recruitment of specialists, (ii) collective and shared training’ (iii) bilateral/multilateral expert transfer, and (iv) knowledge sharing and networks of external expertise.
Group 1 Member States competent authorities should avoid any shortfall of competences. Apart from the human resource component they need to optimise regulatory processes and associated systems. Group 2 and Group 3 Member States competent authorities are likely to have shortfalls in a number of offshore disciplines in 2016. In this context, Member States may consider sharing and pooling of resources within a networking arrangement.
Cooperation : lastly, the European Union Offshore Authorities Group could contribute to the required co-operation between Member States and the Commission to develop instruments to facilitate sharing and pooling of staff , in particular for the benefit of the smaller emerging competent authorities.
The Commission presented a report on liability, compensation and financial security for offshore oil and gas operations pursuant to Directive 2013/30/EU on the safety of offshore oil and gas operations (the Offshore Safety Directive or OSD). The OSD defines the elements of such a comprehensive EU-wide framework for preventing major accidents and limiting their consequences.
This report provides an overview how liability for damage from offshore accidents in oil and gas prospection, exploration and production is addressed in the EU. In effect, it analyses how Europe deals with a series of societal dilemmas arising in relation to offshore oil and gas:
who is liable for what kinds of damage and loss to whom; how to ensure that liable parties have sufficient financial capacity to provide rightful compensation for the damage and loss they are liable for; how compensation should be disbursed so that it reaches legitimate claimants quickly and the risks of cascading impacts to the broader economy are minimised.
Liability regimes : whilst there are national differences in the way liability regimes govern access to justice for victims of offshore accidents, the Commission stated that no clear case can be made at the present time that any of the current approaches to civil liability in the Focal States is less effective in reinforcing the OSD's aim of ensuring the safety of offshore oil and gas operations across the EU.
The report highlighted the following aspects:
the transposition of the OSD in national law will prompt Member States to explore in which ways their liability rules will best protect general public interest in line with the compensation requirements of the OSD; in certain cases, the Brussels I and Rome II regulations prevent differences in national regimes from disadvantaging claimants from other EU Member States; in addition, some Member States may be reappraising their existing liability regimes for offshore accidents in tandem with other changes introduced by the OSD.
The effects of the OSD , as implemented by Member States, will show in the coming years whether it is appropriate to bring certain conduct leading to major offshore accidents within the scope of criminal law for further re-enforcing offshore safety. When appropriate, the Commission will put forward a legislative proposal.
Broadening liability provisions through EU legislation does not appear appropriate at this juncture according to the Commission. However, the Commission will be able to conclude on the need for further steps by the time of the OSD's first implementation report.
Notably, the Commission can:
continue to advance liability issues through structured EUOAG discussions; focus on liability-related provisions in the OSD conformity checks; use EUOAG meetings for systematic data gathering covering all liability-related aspects of newly transposed laws.
Financial security and compensation mechanisms : the report noted that there is broad variety of financial security products available to hedge oil and gas companies’ operating risk. These range from self-insurance options, to third-party insurance, to mutual schemes such as the Offshore Pollution Liability Association Ltd (OPOL), to alternative risk transfer mechanisms and others.
Whilst not all of these products may currently be in widespread use by the offshore industry, the marketplace for financial security instruments appears to have the depth and innovation necessary to cater to all oil and gas companies operating under the current EEA liability obligations.
There is currently a lack of uptake of financial security instruments to fully cover the more infrequent and costly offshore accidents in the EEA. In addition, there are just two compensation mechanisms currently in place specifically for oil and gas accidents in the Focal States.
However, provisions in the OSD should lead to significant improvements in both of these areas . Such anticipated changes should be seen following the July 2015 implementation deadline for the OSD and the implementation of the Offshore Protocol of the Barcelona Convention.
Should the new national laws not improve the availability of financial security instruments and put in place procedures for ensuring prompt and adequate handling of compensation claims, the Commission will reassess whether and what further EU action could achieve these objectives .
The Commission encourages Member States to share their experiences on financial security instruments, liability, compensation and criminal penalties, first of all, in the framework of the European Offshore Authorities Group.
After the implementation of the Directive and based on experiences of Member States working with the new legal basis the Commission may update its assessment as provided by this report.
PURPOSE: to reduce the occurrence of major accidents relating to offshore oil and gas operations and to limit their consequences.
LEGISLATIVE ACT: Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC.
CONTENT: the Directive lays down minimum requirements for preventing major accidents in offshore oil and gas operations and limiting their consequences, thus increasing the protection of the marine environment and coastal economies against pollution. To this end, it establishes minimum conditions for safe offshore exploration and exploitation of oil and gas and improves the response mechanisms in case of an accident .
This Directive should apply not only to future offshore oil and gas installations and operations but, subject to transitional arrangements, also to existing installations.
The main provisions of the Directive are as follows:
Prevention of major accidents: offshore oil and gas operations should be conducted only by operators appointed by licensees or licensing authorities.
Operators shall be required to ensure that all suitable measures are taken to prevent major accidents in offshore oil and gas operations and that these operations are carried out on the basis of systematic risk management .
Technical and financial capability of the licensee: when examining authorisations for operations, the assessment must take account of the financial capability of the applicant, including any financial security, to cover liabilities potentially deriving from the offshore oil and gas operations in question including liability for potential economic damages where such liability is provided for by national law.
Applicants shall be required to provide evidence of technical and financial capacity and any other relevant information relating to the area covered by the licence and the particular stage of the offshore oil and gas operations.
Independence of the authorities: the Directive contains provisions that seek to ensure the independence and objectivity of the competent authority. To prevent conflicts of interest , Member States shall ensure that there is a clear separation between, on the one hand, regulatory functions and associated decisions relating to offshore safety and the environment and, on the other, regulatory functions relating to economic development, including licensing and revenues management.
Preparing and carrying out offshore operations : the operator or the owner submit to the competent authority documents concerning the corporate major accident prevention policy , the safety and environmental management system applicable to the installation, as well as a report on major accident hazards before the envisaged start of operations.
Workers’ representatives shall be consulted at the relevant stages in the preparation of the report on major hazards.
Internal and external emergency response plans: operators shall prepare internal emergency response plans taking into account the major accident risk assessment undertaken during preparation of the most recent report on major hazards. The plan shall include an analysis of the oil spill response effectiveness.
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.
Independent verification: operators and owners shall establish schemes for independent verification. They shall respond to and take appropriate action based on the advice of the independent verifier.
Public participation: the Directive stipulates that the drilling of an exploration well from a non-production installation shall not be commenced unless the relevant authorities of the Member State have previously ensured that early and effective public participation on the possible effects of planned offshore oil and gas operations on the environment.
Transparency and sharing of information: the Directive also lays down rules on transparency and the sharing of information, cooperation between the Member States, emergency preparedness and response, including in the case of cross-border emergencies.
The Commission shall promote cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States and work towards promoting high safety standards for offshore oil and gas operations at international level.
Arctic waters: the Directive stresses that the major environmental problems require special attention to ensure the environmental protection of the Arctic in relation to any offshore oil and gas operation, including exploration, taking into account the risk of major accidents and the need for effective response.
Report and review: the Commission shall, by 31 December 2014, submit to the European Parliament and to the Council a report on the availability of financial security instruments, and on the handling of compensation claims, where appropriate, accompanied by proposals. It shall present its evaluation of the implementation of the Directive no later than 19 July 2019.
ENTRY INTO FORCE : 18/07/2013.
TRANSPOSITION: 19/07/2015.
Landlocked Member States shall not be obliged to bring into force the majority of the provisions of the Directive.
DELEGATED ACTS: the Commission is empowered to adopt delegated acts in order to adapt the Directive to technical progress. The power to adopt such acts is conferred on the Commission for a period of five years (renewable) from 18 July 2013 . The European Parliament or the Council may express an objection to a delegated act within two months of its notification (this period may be extended by a further two months). The delegated act does not enter into force if Parliament or the Council expresses an objection.
The European Parliament adopted by 572 votes to 103 with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities.
Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise between Parliament and Council. They amend the Commission’s proposal as follows:
Legal form : the proposed Regulation is replaced with a Directive of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC. This Directive establishes minimum requirements for preventing major accidents and limiting the consequences of major accidents in offshore oil and gas operations.
Prevention of major accidents : Member States shall ensure that operators take adequate measures to prevent major accidents on offshore oil and gas operations. In case of a major accident, operators must ensure they have access to sufficient physical, human and financial resources to prevent major accidents and limit the consequences of such accidents.
Financial capacity of an applicant : decisions on licences to carry out operations must take into account the financial capability of the applicant for a licence, including any financial security , to cover liabilities potentially deriving from the offshore oil and gas operations in question. This includes liability for potential economic damages where such liability is provided for by national law.
The licensing authority must not grant a license unless it is satisfied that the applicant has provided evidence that adequate provision has been or will be made to cover liabilities potentially deriving from its offshore oil and gas operations.
Independence of authorities : Members consider that it is crucial it is to ensure the independence of the authorities responsible for assessing the safety and environmental risks of operations, from those competent for issuing the drilling authorisations.
Documents to be submitted for undertaking operations : according to the amended text, the operator or the owner of a non-production installation must submit to the competent authority a copy of the corporate major accident prevention policy , the company safety and environmental management system applicable to the installation , a report on major hazards before the planned commencement of the operations.
Workers' representatives must be consulted at the relevant stages in the preparation of the report on major hazards.
Internal and external emergency response plans: operators must prepare internal emergency response plans taking into account the major accident risk assessment undertaken during preparation of the most recent report on major hazards. This shall include an analysis of the oil spill response effectiveness.
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. They shall specify the role and financial obligation of licensees and operators in the external emergency response and include reference to such information in the external emergency response plans.
Independent verification: the operator or the owner of a non-production installation must submit to the competent authority a description of the scheme of independent verification. Operators and owners of installations must respond to and take appropriate action based on the advice of the independent verifier.
Public participation : the text provides that the drilling of an exploration well from a non-production installation shall not be commenced unless the relevant authorities of the Member State have previously ensured that early and effective public participation on the possible effects of planned offshore operations.
Implications of the European Maritime Security Agency (EMSA): the Agency should assist Member States at their request in: (i) detecting and monitoring the extent of an oil or gas spill; (ii) the preparation and execution of external emergency response plans, especially when there are transboundary impacts beyond offshore waters of Member States.
Cooperation between Member States: competent authorities must regularly exchange knowledge, information and experience with other competent authorities inter alia through the European Union Offshore Oil and Gas Authorities Group (EUOAG), and engage in consultations with industry, other stakeholders and the Commission.
Cross-border effects: in the event of a major accident, the competent authority of the Member State in whose waters the accident has occurred shall, without delay, notify the Commission, other concerned Member States and their competent authorities and the public concerned about the accident and the steps being taken to limit the effects on the environment and human health. It shall submit, before the start of the operation, useful information to the Member States likely to be affected.
Trans boundary effects: where a Member State considers that a major hazard relating to offshore oil and gas operations that are to take place under its jurisdiction is likely to have significant effects on the environment in another Member State, it shall, prior to the commencement of operations, forward the relevant information to the potentially affected Member State and shall endeavour, jointly with that Member State, to adopt measures to prevent damage.
Coordinated approach at international level: the Commission should: (i) encourage cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States; (ii) facilitate the exchange of information in order to promote preventive measures and regional emergency response plans; (iii) promote high safety standards for offshore oil and gas operations at international level in relevant global and regional fora.
Arctic: bearing in mind that Arctic waters play an important role in mitigating climate change, Member States who are members of the Arctic Council are encouraged to actively promote the highest standards with regard to environmental safety in this vulnerable and unique ecosystem, such as through the creation of international instruments on prevention, preparedness and response to Arctic marine oil pollution.
Application and transposition : landlocked Member States will not have to transpose the majority of provisions of the Directive. However, where a company that is active, itself or through subsidiaries, in offshore oil and gas operations outside the Union is registered in a landlocked Member State, that Member State should request that company to provide a report on accidents occurring in such operations, which can be shared at Union level.
The Committee on Industry, Research and Energy adopted the report by Ivo BELET (EPP, BE) on the proposal for a regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities.
The Committee on the Environment, Public Health and Food Safety, exercising its prerogatives as an associated committee in accordance with Article 50 of the Rules of Procedure of the European Parliament, has also been consulted for an opinion on the report.
The two committees recommend that the position of the European Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Legal form : Members suggest amending the legal basis of the proposed act by replacing the proposed Regulation with a proposed Directive of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC. This Directive establishes minimum requirements for preventing major accidents and limiting the consequences of major accidents in offshore oil and gas operations.
Safety and environmental considerations relating to licences : when assessing the technical and financial capability of the applicant for a licence to carry out offshore oil and gas operations, due account shall be taken of the following:
the risk, the hazards and any other relevant information related to the applicant and the licensed area concerned; the applicant's financial capabilities, including any financial security, to cover liabilities potentially deriving from the offshore oil and gas operations in question; this shall include liability for potential economic damages where such liability is provided for by national law; the available information relating to safety and environmental performance of the applicant, including with regard to major incidents.
Member States shall ensure that the licensing authority does not grant a license unless it is satisfied that the applicant has provided evidence that adequate provision has been or will be made on the basis of arrangements to be decided by Member States, to cover liabilities potentially deriving from its offshore oil and gas operations.
Public participation : the drilling of an exploration well from a non-production installation shall not be commenced unless the relevant authorities of the Member State have previously ensured that early and effective public participation on the possible effects of planned offshore operations.
Liability for environmental damage : without prejudice to the existing scope of liability relating to the prevention and remediation of environmental damage pursuant to Directive 2004/35/EC, Member States shall ensure that the licensee is financially liable for the prevention and remediation of environmental damage as defined in that Directive, caused by offshore oil and gas operations carried out by, or on behalf of, the licensee or the operator.
Independence of authorities : Members consider that it is crucial it is to ensure the independence of the authorities responsible for assessing the safety and environmental risks of operations, from those competent for issuing the drilling authorisations.
Implications of the European Maritime Security Agency (EMSA) : the Agency has the obligation to ensure a high and effective level of maritime safety, maritime security, prevention of, and response to, pollution caused by ships as well as response to marine pollution caused by oil and gas installations. In order to secure this objective, the Agency should 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; upon request from Member States, assist those 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 Union waters.
Documents to be submitted for undertaking offshore oil and gas operations and operating installations: according to the amended text, Member States shall ensure that the operator or the owner of a non-production installation submits to the competent authority a copy or an adequate description of the corporate major accident prevention policy , the company safety and environmental management system applicable to the installation, a report on major hazards before the planned commencement of the operations.
Member States shall ensure that workers' representatives are consulted at the relevant stages in the preparation of the report on major hazards for a production installation, and that evidence is provided to this effect.
Internal and external emergency response plans: Member States shall ensure that operators prepare internal emergency response plans taking into account the major accident risk assessment undertaken during preparation of the most recent report on major hazards. This shall include an analysis of the oil spill response effectiveness .
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. Member States shall specify the role and financial obligation of licensees and operators in the external emergency response and include reference to such information in the external emergency response plans.
Independent verification : Member States shall ensure that the operator or the owner of a non-production installation submits to the competent authority a description of the scheme of independent verification. Member States shall ensure that operators and owners of non production installations respond to and take appropriate action based on the advice of the independent verifier.
Major accident prevention by operators and owners of non-production installations : the major accident prevention policy shall take account of the operators' primary responsibility for, inter alia, the control of major hazard risks, which are a result of its operations and for continuously improving control of said risks so as to ensure a high level of protection at all times. Operators should ensure they have access to sufficient physical, human and financial resources to minimise and rectify the impact of a major accident. The major accident prevention policy shall be in writing and shall establish the overall aims and organisation for control of major accident hazards , and how these arrangements are put into effect at corporate level. Member States shall ensure that operators and owners of non-production installations prepare and maintain a complete inventory of emergency response equipment pertinent to their offshore oil and gas operation.
Cross-border effects : in the event of a major accident, the competent authority of the Member State in whose waters the accident has occurred shall, without delay, notify the Commission, other concerned Member States and their competent authorities and the public concerned about the accident and the steps being taken to limit the effects on the environment and human health. It shall submit, before the start of the operation , useful information to the Member States likely to be affected.
Cooperation between Member States : the Member State shall ensure that its competent authority regularly exchanges knowledge, information and experience with other competent authorities inter alia through the European Union Offshore Oil and Gas Authorities Group ( EUOAG ), and that it engages in consultations on the application of relevant national and Union legal frameworks with the industry, other stakeholders and the Commission.
Coordinated approach at international level : the Commission should : (i) encourage cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States ; (ii) facilitate the exchange of information in order to promote preventive measures and regional emergency response plans ; (iii) promote high safety standards for offshore oil and gas operations at international level in relevant global and regional fora.
In a public session, information on a proposal for a regulation on safety of offshore oil and gas prospecting, exploration and production activities was presented to the Council. This new proposal, adopted by the Commission in October, is aimed at reducing the risk of a major accident in the EU offshore oil and gas sector and limiting the consequences should such an accident nonetheless occur.
In response to the Deepwater Horizon drilling rig disaster in the Gulf of Mexico in April 2010, the Commission presented its communication "Facing the challenge of the safety of offshore oil and gas activities" . The communication indicated first areas for action at EU level including revision of existing legislation as well as new proposals.
Building on this communication, in December the Council adopted conclusions on the safety of offshore oil and gas activities setting out a way forward for possible further action in relation to offshore exploration and production of hydrocarbons, notably to ensure the highest possible level of safety and protection of the environment as well as provisions for liability.
PURPOSE: to reduce the occurrence of major accidents related to offshore oil and gas activities and to limit their consequences.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: the magnitude and characteristics of accidents affecting offshore oil and gas operations (for example, Deepwater Horizon in the US in 2010, Montara in Australia in 2009, Usumacinta in Mexico in 2007) which have been reported worldwide, including the Union, demand action.
Studies, stakeholder consultations and risk analyses conducted since 2010 have identified the main problems for the Union as:
The risk of a major offshore oil or gas accident occurring in Union waters is significant and the existing fragmented legislation and diverse regulatory and industry practices do not provide for all achievable reductions in the risks throughout the Union. The existing regulatory framework and operating arrangements do not provide for the most effective emergency response to accidents wherever they occur in Union waters, and the liabilities for clean-up and conventional damages are not fully clear.
Based on frequency analysis of industry performance in Europe to date and on documented costs of past accidents, the estimated average annual economic losses and damage from offshore oil and gas accidents in the Union range from EUR 205 million to EUR 915 million . This range is used as the empirical basis of baseline risk in the impact assessment. It is estimated that the benefits accruing to the Union and Member States significantly outweigh the costs of introducing higher standards.
According to the Commission, the control of major hazard risks in the offshore industry needs to be raised to consistently high standards throughout the Union . Four specific objectives need to be pursued:
1) Ensure a consistent use of best practices for major hazards control by oil and gas industry offshore operations potentially affecting Union waters or shores;
2) Implement best regulatory practices in all European jurisdictions with offshore oil and gas activities;
3) Strengthen Union's preparedness and response capacity to deal with emergencies potentially affecting Union citizens, economy or environment;
4) Improve and clarify existing Union liability and compensation provisions.
IMPACT ASSESSMENT: in addition to the reference option which would preserve the status quo (Option 0), four strategic options were evaluated:
Option 1 ("North Sea basic") is the basic level for meaningful Union intervention. It introduces in Union law the Major Hazards Report (MHR) based upon the safety and health document required by Directive 92/91/EC but goes further in requiring the regulator to be satisfied with it prior to starting operations. An inspections and penalties regime would be required to underpin the measures described in the MHR. Option 1+ ("North Sea +") goes further by introducing soft law guidelines for tightening consideration of the technical capacity of applicants for offshore oil and gas licenses; Option 2 ("Union Best practice") develops further the reforms of option 1+ in a comprehensive package. Recognised global best practice in major hazard risk control would be mandated, and environmental risk assessment would be incorporated into the MHR. Also, best regulatory practice and required organisational standards would be introduced in arrangements for national competent authorities; Option 3 ("EU Agency") further reinforces the impact of Option 2 by introducing an Union agency to institutionalise and thereby consolidate the reforms achieved by option 2. It would undertake inspections and investigations, monitor and enforce consistency in performance, develop intervention capacity and assist capacity building in adjacent non Union countries.
The preferred policy option is Option 2, i.e. a comprehensive offshore reform raising throughout Union, through new law, the level of risk management and emergency preparedness in the offshore industry. The cost of the proposed measures ( EUR 134 – 140 million/year ) is modest when compared with the risk reduction that they would guarantee (EUR 103-455 million/year).
LEGAL BASIS: Article 192 of the TFEU (Environment) for its environmental protection purposes and Article 194 (Energy) for minimising adverse effects on Union security of energy supply and the functioning of the internal energy market.
CONTENT: the proposed regulation creates duties for operators, Member States and the Commission as follows.
Operator:
the Operator is to organise his activities around a best practice model; prepare a major hazards report (MHR) and to submit this to the competent authority for assessment. In addition, the Operator is to submit a notification for each well operation to the regulator; for both MHR's and well notifications, independent verification of the safety critical elements is required; Operators will prepare internal emergency response plans; promote interoperability and compatibility of response assets and report incidents and other specified information to the relevant Member State in a standard format; Union-based major companies would commit to demonstrating Union offshore safety standards wherever they work overseas.
Member States: Member States licensing authorities would assess in an appropriate manner the potential safety and environmental performance (and financial capacity to deal with safety failures) of applicants when considering awards for exploration or production licenses.
Member States:
would establish competent authorities for supervision of safety, environmental protection and emergency preparedness and introduce robust standards for inspection and investigation, underpinned with appropriate penalties for breaches of duty by operators; will make information routinely available concerning their offshore sectors, and report all major incidents and lessons learned to the Commission; will prepare external emergency response plans, in collaboration with adjacent Member States.
Measures will be taken to ensure interoperability of expertise and physical assets to support cross Union intervention including by EMSA. Member States and the industry will prepare and periodically test emergency response plans.
Commission : the Commission is to establish an EU Offshore Authorities Group with representatives from the competent authorities responsible for offshore oil and gas activities in Union Member States. The Commission is to amend Environmental Liability Directive (2004/35/EC) within the regulation.
BUDGETARY IMPACT: the budgetary implication of the proposal is approx EUR 2.5 million in the period 2013-2016 , including compensations for committee participation.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
PURPOSE: to reduce the occurrence of major accidents related to offshore oil and gas activities and to limit their consequences.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
BACKGROUND: the magnitude and characteristics of accidents affecting offshore oil and gas operations (for example, Deepwater Horizon in the US in 2010, Montara in Australia in 2009, Usumacinta in Mexico in 2007) which have been reported worldwide, including the Union, demand action.
Studies, stakeholder consultations and risk analyses conducted since 2010 have identified the main problems for the Union as:
The risk of a major offshore oil or gas accident occurring in Union waters is significant and the existing fragmented legislation and diverse regulatory and industry practices do not provide for all achievable reductions in the risks throughout the Union. The existing regulatory framework and operating arrangements do not provide for the most effective emergency response to accidents wherever they occur in Union waters, and the liabilities for clean-up and conventional damages are not fully clear.
Based on frequency analysis of industry performance in Europe to date and on documented costs of past accidents, the estimated average annual economic losses and damage from offshore oil and gas accidents in the Union range from EUR 205 million to EUR 915 million . This range is used as the empirical basis of baseline risk in the impact assessment. It is estimated that the benefits accruing to the Union and Member States significantly outweigh the costs of introducing higher standards.
According to the Commission, the control of major hazard risks in the offshore industry needs to be raised to consistently high standards throughout the Union . Four specific objectives need to be pursued:
1) Ensure a consistent use of best practices for major hazards control by oil and gas industry offshore operations potentially affecting Union waters or shores;
2) Implement best regulatory practices in all European jurisdictions with offshore oil and gas activities;
3) Strengthen Union's preparedness and response capacity to deal with emergencies potentially affecting Union citizens, economy or environment;
4) Improve and clarify existing Union liability and compensation provisions.
IMPACT ASSESSMENT: in addition to the reference option which would preserve the status quo (Option 0), four strategic options were evaluated:
Option 1 ("North Sea basic") is the basic level for meaningful Union intervention. It introduces in Union law the Major Hazards Report (MHR) based upon the safety and health document required by Directive 92/91/EC but goes further in requiring the regulator to be satisfied with it prior to starting operations. An inspections and penalties regime would be required to underpin the measures described in the MHR. Option 1+ ("North Sea +") goes further by introducing soft law guidelines for tightening consideration of the technical capacity of applicants for offshore oil and gas licenses; Option 2 ("Union Best practice") develops further the reforms of option 1+ in a comprehensive package. Recognised global best practice in major hazard risk control would be mandated, and environmental risk assessment would be incorporated into the MHR. Also, best regulatory practice and required organisational standards would be introduced in arrangements for national competent authorities; Option 3 ("EU Agency") further reinforces the impact of Option 2 by introducing an Union agency to institutionalise and thereby consolidate the reforms achieved by option 2. It would undertake inspections and investigations, monitor and enforce consistency in performance, develop intervention capacity and assist capacity building in adjacent non Union countries.
The preferred policy option is Option 2, i.e. a comprehensive offshore reform raising throughout Union, through new law, the level of risk management and emergency preparedness in the offshore industry. The cost of the proposed measures ( EUR 134 – 140 million/year ) is modest when compared with the risk reduction that they would guarantee (EUR 103-455 million/year).
LEGAL BASIS: Article 192 of the TFEU (Environment) for its environmental protection purposes and Article 194 (Energy) for minimising adverse effects on Union security of energy supply and the functioning of the internal energy market.
CONTENT: the proposed regulation creates duties for operators, Member States and the Commission as follows.
Operator:
the Operator is to organise his activities around a best practice model; prepare a major hazards report (MHR) and to submit this to the competent authority for assessment. In addition, the Operator is to submit a notification for each well operation to the regulator; for both MHR's and well notifications, independent verification of the safety critical elements is required; Operators will prepare internal emergency response plans; promote interoperability and compatibility of response assets and report incidents and other specified information to the relevant Member State in a standard format; Union-based major companies would commit to demonstrating Union offshore safety standards wherever they work overseas.
Member States: Member States licensing authorities would assess in an appropriate manner the potential safety and environmental performance (and financial capacity to deal with safety failures) of applicants when considering awards for exploration or production licenses.
Member States:
would establish competent authorities for supervision of safety, environmental protection and emergency preparedness and introduce robust standards for inspection and investigation, underpinned with appropriate penalties for breaches of duty by operators; will make information routinely available concerning their offshore sectors, and report all major incidents and lessons learned to the Commission; will prepare external emergency response plans, in collaboration with adjacent Member States.
Measures will be taken to ensure interoperability of expertise and physical assets to support cross Union intervention including by EMSA. Member States and the industry will prepare and periodically test emergency response plans.
Commission : the Commission is to establish an EU Offshore Authorities Group with representatives from the competent authorities responsible for offshore oil and gas activities in Union Member States. The Commission is to amend Environmental Liability Directive (2004/35/EC) within the regulation.
BUDGETARY IMPACT: the budgetary implication of the proposal is approx EUR 2.5 million in the period 2013-2016 , including compensations for committee participation.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Follow-up document: COM(2023)0247
- Follow-up document: EUR-Lex
- Follow-up document: COM(2022)0417
- Follow-up document: EUR-Lex
- Follow-up document: COM(2021)0585
- Follow-up document: EUR-Lex
- Follow-up document: COM(2020)0732
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2020)0269
- Follow-up document: COM(2020)0263
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: COM(2019)0358
- Follow-up document: COM(2018)0595
- Follow-up document: EUR-Lex
- Follow-up document: COM(2017)0655
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2016)0182
- Follow-up document: COM(2016)0318
- Follow-up document: EUR-Lex
- Follow-up document: COM(2015)0422
- Follow-up document: EUR-Lex
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2015)0167
- Final act published in Official Journal: Directive 2013/30
- Final act published in Official Journal: OJ L 178 28.06.2013, p. 0066
- Commission response to text adopted in plenary: SP(2013)473
- Draft final act: 00008/2013/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0200/2013
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0121/2013
- Debate in Council: 3204
- Committee opinion: PE491.315
- Committee opinion: PE492.595
- Amendments tabled in committee: PE494.690
- Committee draft report: PE491.285
- Economic and Social Committee: opinion, report: CES0484/2012
- Contribution: COM(2011)0688
- Debate in Council: 3127
- Legislative proposal: COM(2011)0688
- Legislative proposal: EUR-Lex
- Document attached to the procedure: SEC(2011)1292
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1293
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)1294
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2011)0688
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2011)0688 EUR-Lex
- Document attached to the procedure: SEC(2011)1292 EUR-Lex
- Document attached to the procedure: SEC(2011)1293 EUR-Lex
- Document attached to the procedure: SEC(2011)1294 EUR-Lex
- Economic and Social Committee: opinion, report: CES0484/2012
- Committee draft report: PE491.285
- Amendments tabled in committee: PE494.690
- Committee opinion: PE492.595
- Committee opinion: PE491.315
- Draft final act: 00008/2013/LEX
- Commission response to text adopted in plenary: SP(2013)473
- Follow-up document: COM(2015)0422 EUR-Lex
- Follow-up document: EUR-Lex SWD(2015)0167
- Follow-up document: COM(2016)0318 EUR-Lex
- Follow-up document: EUR-Lex SWD(2016)0182
- Follow-up document: COM(2017)0655 EUR-Lex
- Follow-up document: COM(2018)0595 EUR-Lex
- Follow-up document: EUR-Lex COM(2019)0358
- Follow-up document: COM(2020)0263 EUR-Lex
- Follow-up document: COM(2020)0732 EUR-Lex
- Follow-up document: EUR-Lex SWD(2020)0269
- Follow-up document: COM(2021)0585 EUR-Lex
- Follow-up document: COM(2022)0417 EUR-Lex
- Follow-up document: COM(2023)0247 EUR-Lex
- Contribution: COM(2011)0688
Activities
- Claude TURMES
Plenary Speeches (5)
- 2016/11/22 Renewable energy in the European internal energy market (debate)
- 2016/11/22 Renewable energy in the European internal energy market (debate)
- 2016/11/22 Renewable energy in the European internal energy market (debate)
- 2016/11/22 Renewable energy in the European internal energy market (debate)
- 2016/11/22 Renewable energy in the European internal energy market (debate)
- Lena KOLARSKA-BOBIŃSKA
Plenary Speeches (3)
- Zofija MAZEJ KUKOVIČ
Plenary Speeches (3)
- Françoise GROSSETÊTE
Plenary Speeches (2)
- Fiona HALL
Plenary Speeches (2)
- Herbert REUL
Plenary Speeches (2)
- Oreste ROSSI
Plenary Speeches (2)
- John ATTARD-MONTALTO
Plenary Speeches (1)
- Antonio CANCIAN
Plenary Speeches (1)
- Spyros DANELLIS
Plenary Speeches (1)
- Viorica DĂNCILĂ
Plenary Speeches (1)
- Béla GLATTFELDER
Plenary Speeches (1)
- Edit HERCZOG
Plenary Speeches (1)
- Jolanta Emilia HIBNER
Plenary Speeches (1)
- Romana JORDAN
Plenary Speeches (1)
- Christa KLASS
Plenary Speeches (1)
- Jan KOZŁOWSKI
Plenary Speeches (1)
- Jo LEINEN
Plenary Speeches (1)
- Bogdan Kazimierz MARCINKIEWICZ
Plenary Speeches (1)
- Iosif MATULA
Plenary Speeches (1)
- Judith A. MERKIES
Plenary Speeches (1)
- Andreas MÖLZER
Plenary Speeches (1)
- Wojciech Michał OLEJNICZAK
Plenary Speeches (1)
- Franz OBERMAYR
Plenary Speeches (1)
- Jaroslav PAŠKA
Plenary Speeches (1)
- Gianni PITTELLA
Plenary Speeches (1)
- Miloslav RANSDORF
Plenary Speeches (1)
- Teresa RIERA MADURELL
Plenary Speeches (1)
- Raül ROMEVA i RUEDA
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Carl SCHLYTER
Plenary Speeches (1)
- Richard SEEBER
Plenary Speeches (1)
- Martin SCHULZ
Plenary Speeches (1)
- Theodor Dumitru STOLOJAN
Plenary Speeches (1)
- Csaba Sándor TABAJDI
Plenary Speeches (1)
- Marita ULVSKOG
Plenary Speeches (1)
- Vladimir URUTCHEV
Plenary Speeches (1)
- Angelika WERTHMANN
Plenary Speeches (1)
- Inês Cristina ZUBER
Plenary Speeches (1)
Votes
A7-0121/2013 - Ivo Belet - Am 3 #
A7-0121/2013 - Ivo Belet - Am 4 #
A7-0121/2013 - Ivo Belet - Résolution législative #
Amendments | Dossier |
749 |
2011/0309(COD)
2012/07/19
JURI
23 amendments...
Amendment 17 #
Proposal for a regulation Title 1 Proposal for a
Amendment 18 #
Proposal for a regulation Recital 1 (1) Article 191 of the TFEU establishes the objectives of preserving, protecting and improving the quality of the environment and creates an obligation for all Union action to be supported by a high level of protection based on the precautionary principle and preventive action and to prudent and rational utilisation of natural resources. According to Article 191(2) full liability in relation to any damage caused by activities under this Regulation has to respect the polluter pays principle.
Amendment 19 #
Proposal for a regulation Recital 2 (2) The objective of this Regulation is to prevent and reduce the occurrence of major accidents related to offshore oil and gas activities and to limit their consequences, thus increasing the protection of the marine environment and coastal economies against pollution as well as establishing minimum conditions for safe offshore prospection, exploration and exploitation of oil and gas and limiting possible disruptions to Union indigenous energy production and to improve the response mechanisms in case of an accident.
Amendment 20 #
Proposal for a regulation Recital 8 (8) The existing fragmented regulatory framework applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed.
Amendment 21 #
Proposal for a regulation Recital 8 (8) The
Amendment 22 #
Proposal for a regulation Recital 10 (10) There is a need to clarify
Amendment 23 #
Proposal for a regulation Recital 10 (10) There is a need to clarify that the holder
Amendment 24 #
Proposal for a regulation Recital 43 (43) In order to ensure effective implementation of the requirements of this Regulation, Member States with offshore oil and gas activities under their jurisdiction should ensure effective and proportionate
Amendment 25 #
Proposal for a regulation Recital 48 (48)
Amendment 26 #
Proposal for a regulation 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 improving the availability of appropriated financial security instruments
Amendment 27 #
Proposal for a regulation Article 4 – paragraph 2 2. In particular,
Amendment 28 #
Proposal for a regulation Article 4 – paragraph 4 4.
Amendment 29 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. Member States shall encourage and facilitate the creation of sustainable financial security products.
Amendment 30 #
Proposal for a regulation Article 4 – paragraph 4 b (new) 4b. 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 products and mechanisms as well as proposals for arrangements to facilitate the provision of financial security pursuant to paragraph 2a.
Amendment 31 #
Proposal for a regulation Article 7 – paragraph 1 1. The licensee is liable for the prevention and remediation of environmental damage, pursuant to Directive 2004/35/EC, caused by offshore oil and gas
Amendment 32 #
Proposal for a regulation Article 7 – paragraph 1 1. The licensee is liable for the prevention and remediation of environmental damage, pursuant to Directive 2004/35/EC
Amendment 33 #
Proposal for a regulation Article 7 a (new) Article 7a Fund for the compensation of environmental damage An ‘Environmental damage guarantee fund’ shall be set up at the Commission for the compensation of damage caused by offshore activities.
Amendment 34 #
Proposal for a regulation Article 7 b (new) Article 7b Amount of the guarantee fund The amount of the guarantee fund referred to in Article 7a shall be 5% of the value of the offshore activity and shall be paid by the licensee or any entity participating in the offshore operations on the basis of a contract with the licensee. The payment to the guarantee fund shall in no way be charged to final purchasers of products put on the market by the licensee.
Amendment 35 #
Proposal for a regulation Article 8 a (new) Article 8a Tasks of the European Maritime Safety Agency The European Maritime Safety Agency shall: (i) assist Member States and the Commission in detecting and monitoring the extent and environmental impact of an oil spill; (ii) assist Member States with the preparation and execution of emergency response plans following a major accident, especially when there are transboundary effects, including in the case of transboundary impacts beyond Union waters:
Amendment 36 #
Proposal for a regulation Article 28 – paragraph 3 a (new) 3a. The Commission, the Union Offshore Authorities Forum and competent authorities concerned shall work with other international fora and Union operators to encourage the application of the highest possible safety and environmental standards globally.
Amendment 37 #
Proposal for a regulation Article 30 – paragraph 3 3. External emergency response plans shall be prepared in accordance with the provisions of Annex I and V, and made available to the Commission, and to the public as appropriate with due regard for data protection and confidentiality.
Amendment 38 #
Proposal for a regulation Article 33 – paragraph 1 Member States with offshore oil and gas activities under their jurisdiction shall establish penalties applicable to infringements of this Regulation by the
Amendment 39 #
Proposal for a regulation Article 37 source: PE-494.568
2012/08/14
ENVI
177 amendments...
Amendment 100 #
Proposal for a regulation 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) 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 102 #
Proposal for a regulation 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
Amendment 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation 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.
Amendment 105 #
Proposal for a regulation 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 106 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2a. The applicant shall supply evidence that it has provided adequate financial security 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 107 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. Authorization for exploring operations shall be subject to environmental impact assessment, as provided for under Directive 2001/42/EC, based on the findings of previous seismic, geophysical and geochemical surveys.
Amendment 108 #
Proposal for a regulation 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
Amendment 109 #
Proposal for a regulation 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, and shall ensure that financial provision for potential liabilities in the case of a major accident are at a sufficient level to cover the estimated risks.
Amendment 110 #
Proposal for a regulation 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
Amendment 111 #
Proposal for a regulation 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.
Amendment 112 #
Proposal for a regulation 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 113 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. Special attention should be given to ecologically sensitive marine and coastal environments, in particular ecosystems which play an important role in mitigation and adaptation to climate change, such as salt marshes and seagrass beds, and marine protected areas, such as special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive, and marine protected areas as agreed by the Union or Member States concerned in the framework of international or regional agreements to which they are parties.
Amendment 114 #
Proposal for a regulation 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 115 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. The polluter-pays principle shall be applied strictly to all damage caused to the marine environment and to biological diversity so that oil and gas companies can be made liable for any damage they might cause and required to cover the cost thereof in full with no ceiling limit, the necessary guarantee to be provided in the form of company reserves or financial security.
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 4 a (new) 4a. The Commission shall, by 20 December 2013, 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 117 #
Proposal for a regulation 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 1. Member States shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing
Amendment 119 #
Proposal for a regulation Article 5 – paragraph 3 Amendment 120 #
Proposal for a regulation 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 121 #
Proposal for a regulation Article 7 a (new) Article 7a Environmental damages fund An ‘environmental damages guarantee fund’ shall be set up with the Commission for the repair of damage caused by offshore activity.
Amendment 122 #
Proposal for a regulation Article 7 b (new) Article 7b Amount of the guarantee fund The amount of the guarantee fund referred to in Article 7a shall be 5% of the value of the offshore activity and shall be paid by the licensee or any participant in the offshore operations under contract with the licensee. The payment to the guarantee fund shall in no way be charged to final purchasers of products put on the market by the licensee.
Amendment 123 #
Proposal for a regulation Article 8 – paragraph 5 a (new) 5a. The European Maritime Safety Agency (EMSA) shall expand its competences (beyond its primary focus on maritime shipping) to provide the Member States and their competent authorities with technical and scientific assistance in order to ensure risk minimisation in the field of offshore oil and gas safety.
Amendment 124 #
Proposal for a regulation 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 125 #
Proposal for a regulation Article 8 a (new) Amendment 126 #
Proposal for a regulation Article 9 – paragraph 1 – point d a (new) (da) evidence of the operator's financial security.
Amendment 127 #
Proposal for a regulation Article 10 – title Report on Major Hazard
Amendment 128 #
Proposal for a regulation Article 10 – paragraph 1 1. The Major Hazard Report for a production installation shall contain the details specified in Annex II, parts 2 and 5, and contain evidence that the views of workers' representatives have been taken into account.
Amendment 129 #
Proposal for a regulation Article 11 – paragraph 1 1. The Major Hazard report for a non- production installation shall contain the details specified in Annex II, parts 3 and 5, and contain evidence that the views of workers' representatives have been taken into account.
Amendment 130 #
Proposal for a regulation 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 131 #
Proposal for a regulation Article 16 – paragraph 1 1. The competent authority shall prohibit the operation or bringing into operation of any installation or any part thereof where the measures proposed by the operator for the prevention and mitigation of major accidents pursuant to Articles 10, 11, 13 and 14 are considered
Amendment 132 #
Proposal for a regulation Article 17 – paragraph 1 1. Where a Member State considers that a
Amendment 133 #
Proposal for a regulation Article 17 – paragraph 1 1. Where a Member State considers that a
Amendment 134 #
Proposal for a regulation Article 17 – paragraph 1 1. Where a Member State considers that a well operation or the operation of an installation may have significant negative effects on waters of another Member State in the case of an accident, or where a Member State likely to be significantly
Amendment 135 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 136 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. Member States shall endeavour to adopt joint measures to prevent environmental damage in the event of an accident that could have significant negative effects on the waters of other Member States.
Amendment 137 #
Proposal for a regulation Article 18 – paragraph 2 2. The document
Amendment 138 #
Proposal for a regulation Article 18 – paragraph 3 3. Operators shall describe their organisational arrangements for the control of major hazards in a safety management system, including the arrangements for preparing and submitting major hazard reports, and well notifications as appropriate, pursuant to Articles 10, 11 and 13 and their schemes for independent
Amendment 139 #
Proposal for a regulation 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,
Amendment 140 #
Proposal for a regulation Article 18 – paragraph 4 4. The policy and safety management systems shall be prepared in accordance with the minimum requirements set out in Annex IV and shall make clear the operator's primary responsibility for control of major hazard risks, which are a result of its activities.
Amendment 141 #
Proposal for a regulation Article 18 – paragraph 5 Amendment 142 #
Proposal for a regulation Article 18 – paragraph 6 Amendment 143 #
Proposal for a regulation Article 18 – paragraph 6 6. Licensees, operators and major contractors based in the Union shall
Amendment 144 #
Proposal for a regulation Article 18 – paragraph 6 6. Licensees, operators and major contractors based in the Union shall
Amendment 145 #
Proposal for a regulation 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. The Commission shall, by 20 December 2013, present a report on appropriate mechanisms to ensure that EU-based companies operate globally in accordance with the requirements of this Regulation.
Amendment 146 #
Proposal for a regulation Article 18 – paragraph 6 a (new) 6a. Where an activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident, operators shall immediately take the safest possible mitigating measures, which may include the suspension of operation of the installation, until the threat of or actual imminent danger is brought under control.
Amendment 147 #
Proposal for a regulation Article 18 – paragraph 6 b (new) 6b. Where measures are taken as referred to in paragraph 6a of this Article, the operator shall, promptly and without compromising safety, notify the competent authority accordingly.
Amendment 148 #
Proposal for a regulation Article 19 – paragraph 1 1.
Amendment 149 #
Proposal for a regulation Article 20 – paragraph 2 2. Where
Amendment 150 #
Proposal for a regulation Article 20 – paragraph 2 2. Where
Amendment 151 #
Proposal for a regulation Article 20 – paragraph 4 4.
Amendment 152 #
Proposal for a regulation 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 154 #
Proposal for a regulation Article 21 – paragraph 1 1. Competent authorities shall establish procedures for allowing
Amendment 155 #
Proposal for a regulation Article 21 – paragraph 1 1. Competent authorities shall establish procedures for allowing anonymous reporting of safety and/or environmental concerns related to offshore oil and gas operations. Competent authorities shall also establish procedures to investigate these reports while maintaining anonymity of the individuals concerned. These procedures shall also be open to employees active in operations outside the Union. The competent authorities shall exchange information on these procedures within the EU Authorities Group.
Amendment 156 #
Proposal for a regulation Article 21 – paragraph 2 2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to
Amendment 157 #
Proposal for a regulation Article 21 – paragraph 2 2. Operators shall communicate details of the national arrangements pursuant to paragraph 1 to their employees, and to employees to relevant subcontractors, and ensure that reference to
Amendment 158 #
Proposal for a regulation Article 22 – paragraph 2 2. The Commission shall determine by means of an implementing act a common data reporting format
Amendment 159 #
Proposal for a regulation 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 160 #
Proposal for a regulation 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 EMSA and to the Commission.
Amendment 161 #
Proposal for a regulation Article 23 – paragraph 1 1. The information
Amendment 162 #
Proposal for a regulation 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 163 #
Proposal for a regulation Article 23 – paragraph 2 2. The Commission, assisted by EMSA, 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 164 #
Proposal for a regulation Article 23 – paragraph 3 Amendment 165 #
Proposal for a regulation Article 24 – paragraph 1 – introductory part 1. The Member States shall prepare an annual report
Amendment 166 #
Proposal for a regulation Article 24 – paragraph 1 – point c (c) incident data pursuant to the common reporting
Amendment 167 #
Proposal for a regulation Article 24 – paragraph 1 – point e (e)
Amendment 168 #
Proposal for a regulation Article 24 – paragraph 2 2.
Amendment 169 #
Proposal for a regulation Article 24 – paragraph 3 Amendment 170 #
Proposal for a regulation 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 2
Amendment 171 #
Proposal for a regulation Article 24 – paragraph 3 3. Every
Amendment 172 #
Proposal for a regulation 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 EMSA and relevant Member States pursuant Article 26.
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation Article 25 – paragraph 2 2. Member States shall
Amendment 175 #
Proposal for a regulation 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 176 #
Proposal for a regulation Article 25 – paragraph 3 3. A summary of the investigation report and the assessment report prepared pursuant to paragraph 2 of this Article shall be made available to the Commission at the conclusion of the investigation or at the conclusion of legal proceedings, whichever is the later.
Amendment 177 #
Proposal for a regulation 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 EMSA 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 178 #
Proposal for a regulation Article 25 – paragraph 4 4. Following
Amendment 179 #
Proposal for a regulation Article 26 – paragraph 1 1. Competent authorities shall make information received pursuant to this Regulation available to any
Amendment 180 #
Proposal for a regulation Article 26 – paragraph 1 1. Competent authorities shall make information
Amendment 181 #
Proposal for a regulation Article 26 – paragraph 2 2. Requests for information obtained by the competent authority under this Regulation may be refused where the conditions laid down in Article 4(1) and (2) of Directive 2003/4/EC of the European Parliament and of the Council are fulfilled.
Amendment 182 #
Proposal for a regulation Article 26 – paragraph 3 3. Pursuant to paragraph 2, or for the purposes of public participation pursuant to Article 5, the operator shall su
Amendment 183 #
Proposal for a regulation Article 28 – paragraph 1 1. The Commission, in close cooperation with the Member States, shall
Amendment 184 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall promote high safety standards for offshore oil and gas operations at international level at appropriate global and regional fora, including those related to Arctic waters and the Black Sea.
Amendment 185 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall promote high safety standards for offshore oil and gas
Amendment 186 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall promote high safety standards for offshore oil and gas operations at international level at appropriate global and regional fora
Amendment 187 #
Proposal for a regulation Article 28 – paragraph 3 3. The Commission shall promote high
Amendment 188 #
Proposal for a regulation Article 28 – paragraph 3 a (new) 3a. Member States and their competent authorities shall not grant licences for exploration and/or drilling for oil and gas in the Arctic nor in fields extending into the Arctic.
Amendment 189 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a) be initiated to
Amendment 190 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a) be initiated to
Amendment 191 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) be
Amendment 192 #
Proposal for a regulation 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
Amendment 193 #
Proposal for a regulation 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
Amendment 194 #
Proposal for a regulation Article 29 – paragraph 4 Amendment 195 #
Proposal for a regulation Article 29 – paragraph 5 5. The operator shall
Amendment 196 #
Proposal for a regulation Article 29 – paragraph 5 5. The operator shall periodically test the
Amendment 197 #
Proposal for a regulation 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 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 199 #
Proposal for a regulation Article 30 – paragraph 1 1. Member States shall prepare external
Amendment 200 #
Proposal for a regulation 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 201 #
Proposal for a regulation 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
Amendment 202 #
Proposal for a regulation 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
Amendment 203 #
Proposal for a regulation Article 30 – paragraph 3 3. External emergency response plans shall be prepared in accordance with the provisions of Annex
Amendment 204 #
Proposal for a regulation 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
Amendment 205 #
Proposal for a regulation Article 30 – paragraph 6 6. Member States shall keep updated records of emergency response resources available in their territory or jurisdiction by both public and private entities. Those records shall be made available on request to the other Member States, to the Commission, and, on a reciprocal basis, with neighbouring third countries
Amendment 206 #
Proposal for a regulation 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 2. In the event of a
Amendment 208 #
Proposal for a regulation Article 31 – paragraph 2 2. In the event of an accident, both the relevant authorities
Amendment 209 #
Proposal for a regulation Article 31 – paragraph 2 2. In the event of a
Amendment 210 #
Proposal for a regulation 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 211 #
Proposal for a regulation Article 32 – paragraph 1 1. Where transboundary effects of offshore oil and gas accidents are foreseeable, the Member States
Amendment 212 #
Proposal for a regulation Article 32 – paragraph 2 2. Member States concerned shall coordinate measures related to areas beyond the boundaries of the Union in order to prevent potential negative affects of offshore oil and gas operations.
Amendment 213 #
Proposal for a regulation Article 32 – paragraph 3 3. Member States concerned shall regularly test their preparedness to respond effectively to accidents in cooperation with other potentially affected Member States, relevant EU Agencies or neighbouring third countries. The
Amendment 214 #
Proposal for a regulation Article 32 – paragraph 4 4. In the event of a major accident, or of an imminent threat thereof, which causes or is capable of causing transboundary effects, the Member State under whose jurisdiction the emergency has occurred shall, without delay, notify
Amendment 215 #
Proposal for a regulation Article 32 – paragraph 4 4. In the event of a major accident, or of an imminent threat thereof, which causes or is capable of causing transboundary effects, the Member State under whose jurisdiction the emergency has occurred shall, without delay, notify the Commission and those Member States or third countries which may be affected by the emergency.
Amendment 216 #
Proposal for a regulation Article 34 – paragraph 1 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 35 of this Regulation to adapt the requirements to the latest development of relevant technologies and procedures in Annex
Amendment 217 #
Proposal for a regulation Article 34 – paragraph 2 Amendment 218 #
Proposal for a regulation Article 37 – paragraph 1 – introductory part 1.
Amendment 219 #
Proposal for a regulation Article 37 – paragraph 1 Directive 2004/35/EC Article 2 – point 1 – point b – point ii (ii) the environmental status of the marine waters concerned, as defined in Article 3(1)(a) of Directive 2008/56/EC, in so far as particular aspects of the environmental status of the marine environment are not already addressed through Directive 2000/60/EC;
Amendment 220 #
Proposal for a regulation 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 221 #
Proposal for a regulation 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 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'
Amendment 222 #
Proposal for a regulation Article 37 a (new) Amendment 223 #
Proposal for a regulation Annex II – paragraph 1 (new) -1. The requirements for information set out in this Annex are minimum requirements. Competent authorities shall take into account developments in best practice and may request further information at any time to reflect relevant material, technical or equipment changes that may need to be taken into account.
Amendment 224 #
Proposal for a regulation 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
Amendment 225 #
Proposal for a regulation Annex II – part 2 – point 13 (13) a description of the aspects of the environment likely to be significantly affected, an assessment of the identified potential environmental effects, in particular releases of dangerous substances or pollutants to the environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring.
Amendment 226 #
Proposal for a regulation Annex II – part 3 – point 14 (14) a description of the aspects of the
Amendment 227 #
Proposal for a regulation 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) (-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) (-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 (b) he is
Amendment 231 #
Proposal for a regulation 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) (ia) an assessment of the effectiveness of the operator's emergency response capacities, including worst case discharge deployment and recovery performances.
Amendment 233 #
Proposal for a regulation Annex IV – paragraph -1 (new) -1. The provisions set out in this Annex are minimum provisions. Competent authorities shall take into account developments in best practice and may request further provisions by operators at any time to ensure that, where necessary, relevant material, technical or equipment changes can be taken into account.
Amendment 234 #
Proposal for a regulation 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
Amendment 235 #
Proposal for a regulation Annex V – paragraph 1 (new) -1. The requirements set out in this Annex are minimum requirements. Competent authorities shall take into account developments in best practice and may implement further requirements at any time to ensure that, where necessary, relevant material, technical or equipment changes can be taken into account.
Amendment 236 #
Proposal for a regulation 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) (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 (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) (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) (da) evidence of prior environment and health assessments of any chemicals foreseen for use as dispersants,
Amendment 64 #
Proposal for a regulation Title Proposal for a
Amendment 65 #
Proposal for a regulation 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 66 #
Proposal for a regulation Recital 5 a (new) (5a) In addition to the considerable risk of a serious offshore oil or gas accident, the constant oil pollution of the marine environment and gas leaks into the sea and atmosphere, even during normal offshore extraction operations complying with all safety requirements, remains a problem.
Amendment 67 #
Proposal for a regulation Recital 7 a (new) Amendment 68 #
Proposal for a regulation Recital 9 a (new) (9a) The European Maritime Safety Agency (EMSA) should 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. EMSA should have oversight of inspections as well as the emergency response arrangements of Member States.
Amendment 69 #
Proposal for a regulation Recital 10 (10) There is a need to clarify that holders of authorisations for offshore activities pursuant to Directive 94/22/EC are also
Amendment 70 #
Proposal for a regulation 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 71 #
Proposal for a regulation Recital 12 (12)
Amendment 72 #
Proposal for a regulation 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 (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
Amendment 74 #
Proposal for a regulation Recital 40 (40) The serious environmental concerns relating to the Arctic waters, a neighbouring marine environment of particular importance for the Community, require special attention to ensure the environmental protection of the Arctic
Amendment 75 #
Proposal for a regulation Recital 40 (40) The serious environmental concerns relating to the Arctic waters, a neighbouring marine environment of
Amendment 76 #
Proposal for a regulation Recital 40 a (new) (40a) The Commission and the Member States should promote the creation of an effective international regulatory regime to protect the Arctic region.
Amendment 77 #
Proposal for a regulation 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 78 #
Proposal for a regulation 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 79 #
Proposal for a regulation Recital 48 (48) As no existing financial security instruments, including risk pooling arrangements, can accommodate all
Amendment 80 #
Proposal for a regulation 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 a
Amendment 81 #
Proposal for a regulation 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 82 #
Proposal for a regulation Recital 48 (48) As no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should immediately 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. Until the results of the analysis and studies are known and the most appropriate instruments introduced, the Member States should ensure that operators in their jurisdiction demonstrate that sufficient financial guarantees are in place to cover estimated risks.
Amendment 83 #
Proposal for a regulation Recital 48 (48) Member States should ensure that operators demonstrate their ability to pay for the consequences of damage caused by their operations, at all phases of offshore projects (exploratory, operational and decommissioning), 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 a
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 6 6. This Regulation shall apply without prejudice to Directives 85/337/EC, 2008/1/EC, 2003/4/EC and Directive 200
Amendment 85 #
Proposal for a regulation Article 2 – point 1 1. ‘
Amendment 86 #
Proposal for a regulation Article 2 – point 1 1. ‘
Amendment 87 #
Proposal for a regulation Article 2 – point 18 18. ‘major accident’
Amendment 88 #
Proposal for a regulation Article 2 – point 18 18. ‘major accident’
Amendment 89 #
Proposal for a regulation 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 90 #
Proposal for a regulation Article 2 – point 22 22.
Amendment 91 #
Proposal for a regulation Article 2 – point 25 25.
Amendment 92 #
Proposal for a regulation Article 2 – point 28 a (new) 28a. 'public concerned' shall mean: the public affected or likely to be affected by, or having interest in the matters covered by this Regulation;
Amendment 93 #
Proposal for a regulation Article 2 – point 33 33. ‘well operator’ shall mean: the person appointed
Amendment 94 #
Proposal for a regulation Article 2 – point 33 a (new) 33a. 'extreme operating conditions' shall mean: conditions found in the operating area that increase risk levels for offshore drilling activities and limit the capacity of emergency response equipment or of personnel to intervene, clean up and remove spilled oil or hazardous substances. These include, but are not limited to, the physical, geological, ecological, and economic and social conditions of the area.
Amendment 95 #
Proposal for a regulation Article 2 – point 33 a (new) 33a. 'Arctic' shall mean: the geographical area comprising the Arctic Circle (66° 33'N) and the 10° C summer isotherm boundary line.
Amendment 96 #
Proposal for a regulation Article 2 – point 33 b (new) 33b. '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 97 #
Proposal for a regulation Article 3 – paragraph 3 3. Should a major accident nonetheless occur, operators
Amendment 98 #
Proposal for a regulation Article 3 – paragraph 4 4. Operators shall ensure that offshore oil and gas activities covered
Amendment 99 #
Proposal for a regulation Article 3 – paragraph 4 4. Operators shall ensure that offshore oil and gas
source: PE-492.910
2012/09/06
ITRE
549 amendments...
Amendment 100 #
Proposal for a regulation 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 101 #
Proposal for a regulation Recital 5 (5) The risks of a major offshore oil or gas accident are significant. By reducing the risk of pollution of marine waters, this initiative should therefore contribute to the protection of the marine environment and in particular to the achievement of good environmental status by 2020 at the latest, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008
Amendment 102 #
Proposal for a regulation Recital 8 (8) The
Amendment 103 #
Proposal for a regulation Recital 8 (8) The
Amendment 104 #
Proposal for a regulation Recital 8 (8) The existing fragmented regulatory framework applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident
Amendment 105 #
Proposal for a regulation Recital 8 (8) The existing
Amendment 106 #
Proposal for a regulation Recital 9 (9) Pursuant to Directive 1994/22/EC of
Amendment 107 #
Proposal for a regulation Recital 10 (10) There is a need to clarify
Amendment 108 #
Proposal for a regulation Recital 10 (10) There is a need to clarify that the holder
Amendment 109 #
Proposal for a regulation Recital 10 a (new) (10 a) With regard to other liabilities, it should be established without ambiguity who the liable parties are prior to the commencement of offshore activities.
Amendment 110 #
Proposal for a regulation 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. Member 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 111 #
Proposal for a regulation Recital 13 (13) Within the Union, there are already examples of good standards in national regulatory practices related to offshore oil and gas activities and international organisations have also introduced such standards. However, these are inconsistently applied throughout the Union and no Member State has yet incorporated all of the best regulatory practices in their legislation for preventing major offshore accidents or limiting their consequences to persons and the environment. Best regulatory practices are to secure effective regulation on safety and environment by integrating related functions into a joint competent authority ("the competent authority") that may draw resources from one or more national agencies.
Amendment 112 #
Proposal for a regulation Recital 13 a (new) (13a) In view of the high level of safety that adherence to good practices in EU waters guarantees, and in the interests of harmonising rules at an international level, the European Union should take a lead within the relevant international bodies to promote these good practices in third countries, in order to ensure that all installations, regardless of their geographical location and the applicable law, meet high environmental and safety standards.
Amendment 113 #
Proposal for a regulation Recital 16 (16) To maintain an appropriate distinction between economic development and environmental, health and safety regulation the competent authorit
Amendment 114 #
Proposal for a regulation Recital 19 (19) An offshore regime needs to apply to operations carried out on both fixed and mobile installations, and apply to the lifecycle of exploration and production activities (including transportation by pipeline) from design to decommissioning and permanent abandonment.
Amendment 115 #
Proposal for a regulation Recital 20 (20) The best operational practices currently available for major accident prevention in offshore oil and gas operations are based on a goal setting approach and on achieving desirable outcomes through thorough risk assessment and reliable management systems.
Amendment 116 #
Proposal for a regulation Recital 21 (21) Union best operating practices require owners and/or operators of installations, including mobile drilling rigs, to establish effective corporate policy and suitable arrangements for major accident prevention and to comprehensively and systematically identify all major hazard scenarios relating to all hazardous activities that may be carried out on that installation. These best practices require also assessing the likelihood and consequences and the necessary controls of such scenarios, within a comprehensive safety management system. Such policy and arrangements should be clearly described in a document (‘the Major Hazard Report – MHR’). The MHR should be comparable
Amendment 117 #
Proposal for a regulation 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 b
Amendment 118 #
Proposal for a regulation 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 has assessed and then so that the operations may not proceed unless the competent authority has accepted the Major Hazards Report be means of an appropriate consenting procedure.
Amendment 119 #
Proposal for a regulation 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
Amendment 120 #
Proposal for a regulation Recital 23 (23) Drilling and repairing oil and gas wells should only be undertaken by an installation technically capable of controlling all the foreseeable hazards at the well location, and which has an accepted M
Amendment 121 #
Proposal for a regulation Recital 26 (26) In view of the complexity of offshore oil and gas operations, the implementation of the best practices by the operators requires a scheme of independent
Amendment 122 #
Proposal for a regulation Recital 26 (26) In view of the complexity of offshore oil and gas operations, the implementation of the best practices by the operators requires a scheme of independent
Amendment 123 #
Proposal for a regulation Recital 26 (26) In view of the complexity of offshore oil and gas operations, the implementation of the best practices by the operators requires a scheme of independent
Amendment 124 #
Proposal for a regulation Recital 28 (28) Risk assessment in the M
Amendment 125 #
Proposal for a regulation Recital 29 (29) In order to ensure effective response to emergency situations, operators should prepare site-specific emergency response plans based on risks and hazard scenarios identified in the M
Amendment 126 #
Proposal for a regulation Recital 30 (30) To ensure that no relevant safety concerns are overlooked or ignored, it is important to establish and encourage adequate means for the reporting of those concerns, these should include regular consultation with elected safety representatives and the protection of whistleblowers.
Amendment 127 #
Proposal for a regulation Recital 31 a (new) (31 a) The EU Offshore Oil and Gas Authorities Group, established by Commission Decision of 19 January 20121, should analyse in consultation with the operators whether an instant reporting mechanism for information sharing, similar to that in the aviation industry, can be established in the offshore oil and gas sector to ensure that information about an accident is available as soon as it occurs. 1 OJ C 18, 21.1.2012, p. 8.
Amendment 128 #
Proposal for a regulation Recital 37 a (new) (37 a) The European Maritime Safety Agency (EMSA) should 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. EMSA should have oversight of inspections as well as the emergency response arrangements of Member States.
Amendment 129 #
Proposal for a regulation Recital 38 (38) The implementation of the obligations under this Regulation should consider that marine waters covered by the sovereignty or jurisdiction of Member States form an integral part of the four marine regions identified in the Article 4(1) of Directive 2008/56, namely the Baltic Sea, the North- east Atlantic Ocean, the Mediterranean Sea and the Black Sea. For this reason,
Amendment 130 #
Proposal for a regulation Recital 40 a (new) (40 a) Member States belonging to the Arctic Council are expected to actively promote, in close cooperation with the European Commission and the EU Authorities Group, the promotion of the highest standards with regard to environmental safety in this vulnerable and unique ecosystem and the creation of an international - by preference binding - instrument on Arctic marine oil pollution preparedness and response.
Amendment 131 #
Proposal for a regulation Recital 40 a (new) (40 a) The Commission and the Member States should promote the creation of an effective international regulatory regime to protect the Arctic region from oil pollution.
Amendment 132 #
Proposal for a regulation 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 133 #
Proposal for a regulation Recital 43 (43) In order to ensure effective implementation of the requirements of this Regulation, Member States with offshore oil and gas activities under their jurisdiction should ensure effective and proportionate
Amendment 134 #
Proposal for a regulation Recital 43 a (new) (43a) To ensure a high level of environmental protection, third countries, and in particular those with maritime borders with the European Union, should respect similarly strict environmental protection standards.
Amendment 135 #
Proposal for a regulation 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 136 #
Proposal for a regulation 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
Amendment 137 #
Proposal for a regulation Recital 47 a (new) (47 a) Member States should ensure that operators undertaking oil and gas operations under their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations, through the provision of financial security, and should evaluate what instruments (such as funds, bank guarantees, insurance and/or risk pooling) are most appropriate for this purpose.
Amendment 138 #
Proposal for a regulation Recital 48 (48) Member States shall ensure that operators demonstrate their ability to pay for the consequences of damage caused by their operations, at all phases of offshore projects (exploratory, operational and decommissioning). 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 a
Amendment 139 #
Proposal for a regulation 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 a
Amendment 140 #
Proposal for a regulation 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 what instruments (such as funds, bank guarantees, insurance 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, requirements on financial capacity including availability of appropriated financial security instruments or other arrangements.
Amendment 141 #
Proposal for a regulation Recital 48 (48)
Amendment 142 #
Proposal for a regulation Recital 48 (48)
Amendment 143 #
Proposal for a regulation Recital 49 a (new) (49 a) The Commission and the Member States shall ensure that the EU offshore oil and gas operators apply the same high environmental and safety standards in line with this Directive wherever in the world they are operating.
Amendment 144 #
Proposal for a regulation Recital 49 a (new) (49 a) The Commission and the Member States shall ensure that the EU offshore oil and gas operators apply at least the same high environmental and safety standards in line with this Directive wherever in the world they are operating.
Amendment 145 #
Proposal for a regulation Recital 49 a (new) (49 a) The legislation shall ensure that the industry upholds at least Union environmental and safety standards or their equivalent wherever in the world they are operating.
Amendment 146 #
Proposal for a regulation Recital 49 a (new) (49 a) The Commission shall encourage industry to adhere to at least Union environmental and safety standards or their equivalent wherever in the world they are operating.
Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes minimum requirements for
Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes minimum requirements for
Amendment 149 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 150 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 151 #
Proposal for a regulation Article 1 – paragraph 3 Amendment 152 #
Proposal for a regulation Article 1 – paragraph 6 6. This Regulation shall apply without prejudice to Directives 85/337/EC, 2008/1/EC, 2003/4/EC and Directive 200
Amendment 153 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1.
Amendment 154 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1.
Amendment 155 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2.
Amendment 156 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5.
Amendment 157 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7.
Amendment 158 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. an offshore equipment, pipeline or some other 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 tanker or a gas container vessel;
Amendment 159 #
Proposal for a regulation 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 160 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. ‘consenting procedure’ shall mean: a procedure of thorough assessment of all relevant information concerning 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 by the competent authority to well or combined operations notifications submitted by operators;
Amendment 161 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8.
Amendment 162 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9.
Amendment 163 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 164 #
Proposal for a regulation Article 2 – paragraph 1 – point 11 11.
Amendment 165 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 12.
Amendment 166 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 12. ‘independent
Amendment 167 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 12. ‘independent
Amendment 168 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13.
Amendment 169 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13. ‘industry’ shall mean: private companies or public entities that are directly involved in offshore oil and gas activities pursuant to this regulation or whose activities are closely related to those operations;
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 14. ‘installation’ shall mean:
Amendment 171 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 14.
Amendment 172 #
Proposal for a regulation Article 2 – paragraph 1 – point 15 15.
Amendment 173 #
Proposal for a regulation 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 174 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 16.
Amendment 175 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 17.
Amendment 176 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 18.
Amendment 177 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 18. ‘major accident’ shall mean: an occurrence such as fire or explosion, significant loss of well control or
Amendment 178 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 18. 'major accident' shall mean: an occurrence such as fire or explosion, significant loss of well control or
Amendment 179 #
Proposal for a regulation 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 180 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 19.
Amendment 181 #
Proposal for a regulation Article 2 – paragraph 1 – point 19 a (new) 19 a. 'material change' means, in the case of a report on major hazards, a change to the basis on which the original report was accepted. For example a change to the basis of the risk control measures described in the report, and/or where it is required to improve the adequacy of the measures. It would include physical modifications, availability of new knowledge or technology, and operational management changes. Whether a change is a material change may be determined by the operator or by the competent authority;
Amendment 182 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 20.
Amendment 183 #
Proposal for a regulation Article 2 – paragraph 1 – point 20 a (new) Amendment 184 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 21.
Amendment 185 #
Proposal for a regulation Article 2 – paragraph 1 – point 21 21. ‘offshore oil and gas operations’ shall mean: all activities on installations or in connected infrastructure related to exploring for, producing or processing of oil and gas offshore. This includes transport of oil and gas through
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 22.
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 1 – point 22 22.
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 23.
Amendment 189 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 23. ‘operator of production installation’ shall mean: a person appointed by the licensee to manage and control the main functions of a production installation; and in the absence of such a person, any licensee;
Amendment 190 #
Proposal for a regulation Article 2 – paragraph 1 – point 23 23. 'operator of production installation' shall mean: a person appointed by the licensee and authorised by the competent authority to manage and control the main functions of a production installation;
Amendment 191 #
Proposal for a regulation Article 2 – paragraph 1 – point 24 24.
Amendment 192 #
Proposal for a regulation Article 2 – paragraph 1 – point 25 25.
Amendment 193 #
Proposal for a regulation Article 2 – paragraph 1 – point 25 25. 'production of oil and gas' shall mean: extraction, for commercial purposes, of oil and gas from the underground strata of the licensed area including offshore processing of oil and gas and its channelling and transportation through connected infrastructure including pipes and structures and well heads on the sea bed and/or storing gas in subsurface formations for the purposes of recovering the gas;
Amendment 194 #
Proposal for a regulation Article 2 – paragraph 1 – point 27 Amendment 195 #
Proposal for a regulation Article 2 – paragraph 1 – point 28 28.
Amendment 196 #
Proposal for a regulation Article 2 – paragraph 1 – point 29 29.
Amendment 197 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 30. ‘risk’ shall mean: the product of the likelihood
Amendment 198 #
Proposal for a regulation Article 2 – paragraph 1 – point 30 30.
Amendment 199 #
Proposal for a regulation 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 200 #
Proposal for a regulation Article 2 – paragraph 1 – point 31 31. ‘suitable’ shall mean: fully appropriate for a given requirement or situation and
Amendment 201 #
Proposal for a regulation Article 2 – paragraph 1 – point 32 32.
Amendment 202 #
Proposal for a regulation Article 2 – paragraph 1 – point 33 33.
Amendment 203 #
Proposal for a regulation Article 3 – paragraph 1 1. Operators shall
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 1 1. Operators shall
Amendment 205 #
Proposal for a regulation Article 3 – paragraph 2 2. Operators shall take all reasonable steps to ensure that all entities
Amendment 206 #
Proposal for a regulation Article 3 – paragraph 2 2. Operators shall take all reasonable steps to ensure that all entities , that are contracted to carry out specific tasks at the installations concerned, will likewise act in accordance with the requirements set out in this Regulation, in particular with its Annexes IV and V. Operators shall not be exonerated from their responsibilities under this Regulation by the fact that actions or omissions leading or contributing to major accidents, were carried out by such entities or their personnel.
Amendment 207 #
Proposal for a regulation Article 3 – paragraph 3 3. Should a major accident nonetheless occur, operators
Amendment 208 #
Proposal for a regulation Article 3 – paragraph 4 4. Operators shall ensure that offshore oil and gas
Amendment 209 #
Proposal for a regulation Article 3 – paragraph 4 4. Offshore oil and gas activities covered by this Regulation shall be performed on the basis of a systematic assessment of the likelihood of hazardous events and their consequences, and the implementation of
Amendment 210 #
Proposal for a regulation 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 211 #
Proposal for a regulation Article 4 – title Safety and environmental considerations within relating to authorisation
Amendment 212 #
Proposal for a regulation 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 213 #
Proposal for a regulation Article 4 – paragraph 1 1. Decisions on granting authorisations
Amendment 214 #
Proposal for a regulation 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) 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 216 #
Proposal for a regulation 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
Amendment 217 #
Proposal for a regulation Article 4 – paragraph 2 2. In particular, when assessing the technical and financial capacity of the entities that apply for licence or authorisation for
Amendment 218 #
Proposal for a regulation Article 4 – paragraph 2 2. In particular,
Amendment 219 #
Proposal for a regulation Article 4 – paragraph 2 2. In particular,
Amendment 220 #
Proposal for a regulation Article 4 – paragraph 2 2. In particular, when assessing the technical and financial capacity of the entities that apply for authorisation for planned offshore oil and gas
Amendment 221 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. 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 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. 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 222 #
Proposal for a regulation 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 223 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. Member States shall ensure that the licensing authority does not grant an authorisation unless it is satisfied that the applicant has supplied evidence that adequate provision has been or will be made, by way of financial security, to cover liabilities potentially deriving from its offshore oil and gas operations.
Amendment 224 #
Proposal for a regulation Article 4 – paragraph 3 3.
Amendment 225 #
Proposal for a regulation Article 4 – paragraph 3 3. Authorisations for offshore oil and gas exploration operations,
Amendment 226 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. Authorisations for prospection shall only be granted following an environmental assessment in accordance with Directive 2001/42/EC, and on the basis of the findings of previous seismic, geophysical and geochemical tests.
Amendment 227 #
Proposal for a regulation Article 4 – paragraph 4 4.
Amendment 228 #
Proposal for a regulation 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. Specifically, account shall be taken of any risks and possible effects on vulnerable resources in the Natura 2000 network and of fishing and tourism activities and the abstraction of seawater for desalination and public supply.
Amendment 229 #
Proposal for a regulation Article 4 – paragraph 4 4. |