Parltrack

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on safety of offshore oil and gas prospection, exploration and production ~~activities~~ operations(Text with EEA relevance)

Amendment 97 #

Proposal for a regulation
Recital 2

(2) The objective of this Regulation is to reduce as far as possible 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, the safety of those working there 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 98 #

Lena KOLARSKA-BOBIŃSKA

Proposal for a regulation
Recital 2

(2) The objective of this ~~Regulation~~Directive is to 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. (This amendment applies throughout the text)

Amendment 99 #

Corinne LEPAGE, Michèle RIVASI

Proposal for a regulation
Recital 2

(2) The objective of this Regulation is to reduce to an absolute minimum 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 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 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) as well as improving safety standards for offshore workers pursuant to the revision of Directive 92/91/EEC.

Amendment 102 #

Proposal for a regulation
Recital 8

(8) The ~~existing fragmented~~different Member State regulatory frameworks applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed. UIt should be ensured that under existing liability regimes, the responsible party ~~may not~~should always be clearly identifiable ~~and/or may not be able, or liable,~~before operations start and should be able to pay all the costs to remedy the damage it has caused, eventually through mutual compensation schemes.

Amendment 103 #

Proposal for a regulation
Recital 8

(8) The ~~existing fragmented~~different Member State regulatory frameworks applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed. Under certain existing liability regimes, the responsible party may not always be clearly identifiable and/or may not be able, or liable, to pay all the costs to remedy the damage it has caused.

Amendment 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 occurring in Union waters, the most effective response would be ~~timely~~ deployed in a timely manner. Under existing liability regimes, the responsible party may not always be clearly identifiable and/or may not be able, or liable, to pay all the costs to remedy the damage it has caused.

Amendment 105 #

Proposal for a regulation
Recital 8

(8) The existing ~~fragmen~~Member Stated regulatory framework applying to safety of offshore activities in Europe and current industry safety practices do not provide an fully adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed. Under existing liability regimes, the responsible party may not always be clearly identifiable and/or may not be able, or liable, to pay all the costs to remedy the damage it has caused.

Amendment 106 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Recital 9

(9) Pursuant to Directive 1994/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons[1] offshore oil and gas activities in the Union may be performed subject to the obtainment of an authorisation. In this context the ~~competent~~licensing authority is required to consider the technical and financial risks, and where appropriate, the previous record of responsibility, of applicants seeking exclusive exploration and production licenses. There is the need to ensure that when examining the technical and financial capability of the licensee the ~~competent~~licensing authorities thoroughly examine also its capability for ensuring continued safe and effective operations under all foreseeable conditions.

Amendment 107 #

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 potential liable ‘operators’ within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage , and may not be entitled to delegate their responsibilities in this regard to third parties contracted by themand establish without ambiguity who the liable parties should be prior to the commencement of offshore activities.

Amendment 108 #

Proposal for a regulation
Recital 10

(10) There is a need to clarify that the holders of an authorisations for offshore activities pursuant to Directive 94/22/EC ~~are~~is also ~~potential~~the liable ‘'operators’' within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, and ~~may~~is not be entitled to delegate ~~their~~his responsibilities in this regard to third parties contracted by ~~the~~him.

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 authorityies responsible for licences and authorisations for offshore oil and gas activities and the authority responsible for evaluating the environmental, health and safety conditions should be demonstrably independent from national economic sponsorship.

Amendment 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 and complementary to the safety and health document referred to in Directive 92/91/EC and it should also include provisions on environmental risk assessment, emergency plans. The MHR should be required to be submitted the competent authority for consenting procedure. In line with Directive 91/92/EEC, workers and/or their representatives should be consulted on matters relating to health and safety at work and be allowed to take part in discussions on all questions relating to safety and health at work. The workforce should be consulted at the relevant stages of the preparation of the MHR.

Amendment 117 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 bey means of an appropriate consenting procedure.

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 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 accepted the Major Hazards Report bey means of an appropriate consenting procedure.

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 MHRajor Hazards Report.

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 ~~third party~~ verification of safety critical elements.

Amendment 122 #

Proposal for a regulation
Recital 26

Amendment 123 #

Proposal for a regulation
Recital 26

Amendment 124 #

Proposal for a regulation
Recital 28

(28) Risk assessment in the MHRajor Hazards Report should take into account risk to the environment, including the impacts climatic conditions and climate change have on the long term resilience of the installations; and given that offshore oil and gas activities in one Member State can have significant adverse environmental effects in another Member State, it is necessary to establish and apply specific provisions in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context.

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 MHRajor Hazards Report, submit them to competent authorities, and maintain such resources as are necessary for prompt execution of those plans when needed.

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, ~~coordination should be strengthened~~the European Union should, as a priority, strengthen coordination with third countries having sovereignty or jurisdiction over waters in such marine regions. Appropriate cooperation frameworks include regional sea conventions, as defined in Article 3(10) of Directive 2008/56.

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 ~~sanctions should b~~penalties are put in place.

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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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

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~~dequately~~ robust liability regime for damages related to offshore oil and gas operations, and requirements on financial capacity including improving the availability of ~~appropriated financial security instruments or other arrangements~~financial security instruments and arrangements (inter alia mandatory insurance, reserve funds, bank guarantees, and/or risk pooling). The Commission should, by 20 December 2013, report to the European Parliament and to the Council on its findings and any proposals. Until the adoption by the EU of provisions on financial security, Member States shall define which instruments are appropriate to ensure that operators demonstrate financial security and notify them by one year after the entry to force of this regulation.

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~~dequately~~ robust liability regime for damages related to offshore oil and gas operations, and requirements on financial capacity including improving the availability of ~~appropriated~~ financial security instruments ~~or other arrangements~~and arrangements. The Commission should report on the findings and proposals within one year after adoption of this Regulation.

Amendment 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) AOperators should ensure they have sufficient physical, personnel and financial resources to minimise and rectify the impact of a major accident. However, as no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations, requirements on financial capacity including availability of appropriated financial security instruments or other arrangements and report on the findings and proposals within 1 year after adoption. In order to provide a safety net, mutual oil pollution insurance schemes should be established in each individual EU sea area, with mandatory membership for operators conducting operations in EU waters. Operators in third countries that share sea borders with the EU should also be encouraged to join the schemes.

Amendment 142 #

Proposal for a regulation
Recital 48

(48) ATo ensure the full application of the "polluter pays" principle and 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~~dequately~~ 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 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 #

Konrad SZYMAŃSKI

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 ~~industry and national authorities involved in offshore oil and gas operations performed following the award of an authorisation pursuant to Directive 94/22/EC~~preventing major accidents and limiting the consequences of major accidents to persons and the environment in the course of offshore oil and gas operations pursuant to Directive 94/22/EC. It applies to industry and any Member State authorities involved in the offshore oil and gas operations defined in Article 2.

Amendment 148 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 149 #

Proposal for a regulation
Article 1 – paragraph 2

~~2. This Regulation applies to all offshore oil and gas operations defined in Article 2.~~deleted

Amendment 150 #

Proposal for a regulation
Article 1 – paragraph 2

~~2. This Regulation applies to all offshore oil and gas operations defined in Article 2.~~deleted

Amendment 151 #

Juan Fernando LÓPEZ AGUILAR, Teresa RIERA MADURELL

Proposal for a regulation
Article 1 – paragraph 3

3. This Regulation applies to all related installations, subsea installations and connected infrastructure in the waters of Member States including their exclusive economic zones and on their continental shelves within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS).deleted

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 20031/42/EC.

Amendment 153 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ~~‘acceptable’ shall mean: rendering~~'tolerable' means where a risk of a major accident ~~tolerable~~is reduced to the furthest extent beyond which ~~no significant reduction of the risk is derived from the input of further time, resources or cost~~the input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;

Amendment 154 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

1. ~~‘accept~~'tolerable’' shall mean: ~~rendering a~~operating conditions where response measures are available and not prohibitively expensive, while the risk of a major accident ~~tolerable~~has been reduced to the furthest extent possible beyond which no significant reduction of the risk is derived from the input of further time, resources or cost; (If adopted, the reference to "acceptable" in Article 3 paragraph 4 is also changed to "tolerable".)

Amendment 155 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 2

2. ‘'acceptance’' shall mean: the conveyance in writing to ~~the operator~~ by the competent authority ~~of the positive conclusions of its examination of the operator's Major Hazards Report pursuant to the requirements of this Regulation~~that its assessment of the Major Hazards Report has concluded that the arrangements and measures described, taken as a whole, are likely to achieve compliance with this Regulation if they are implemented as described;

Amendment 156 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 5

5. ‘'commencement of operations’' shall mean: the point in time when the installation for connected infrastructure is involved for the first time in the operations for which it is designed for.

Amendment 157 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 7

7. ‘'connected infrastructure’' shall mean: an ~~offshore equipment, pipeline or some o~~y well (and associated structures, supplementary units and devices) connected to ther installation a~~bove 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~~nd any pipeline apparatus or works within 500m of the main structure of the offshore installation to which it is attached, as well as any apparatus or works on or fixed to the main structure of the offshore installation;

Amendment 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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 a planned offshore oil and gas operation by the competent authority, concluded by acceptance of the major hazard report ~~by the competent authority and absence of objections to well or~~and the absence of objections by the competent authority to the combined operations notifications or well notification submitted by the operators;

Amendment 162 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 9

9. ~~‘exclusion~~'safety zone’' shall mean: area surrounding the installation or connected infrastructure that is established by the Member State in which unrelated activities are prohibited;

Amendment 163 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 10

10. ‘exploration license’ shall mean: an authorisation granted by the Member State to explore for oil and gas in the underground strata of the licensed area, but not to produce oil and gas for commercial purposes;deleted

Amendment 164 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 11

11. ‘'external emergency response plan’' shall mean: local, national or regional strategy to prevent escalation or limit consequences of an accident related to offshore oil and gas operations using all available resources ~~in addition to~~of the operator including those described in internal emergency response plans, and any supplementary resources made available by the Member States;

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 1 – point 12

12. ‘'independent ~~third party~~ verification’' shall mean: a~~n assessment and confirmation of the validity of particular written statements by a natural or legal person that is not und~~ written scheme for ensuring, by means described in Article 15 and Annex II Part 5, that the safety critical elements and the specified plant are, or where the ~~control or influence by the author of the statements;~~y remain to be provided, will be suitable and, where they have been provided, remain in good repair and condition.

Amendment 166 #

Proposal for a regulation
Article 2 – paragraph 1 – point 12

12. ‘independent ~~third party~~ verification’ shall mean: an assessment and confirmation of ~~the~~ validity of ~~particular written statements by a natural or legal~~that which is being examined by a competent person/body that is ~~not under the control or influence by the author of the statements~~independent from the work under review, and the management lines of those whose work is being checked;

Amendment 167 #

Proposal for a regulation
Article 2 – paragraph 1 – point 12

12. ‘independent ~~third party~~ verification’ shall mean: assessment and confirmation of the validity of particular written statements by a natural or legal person ~~that is not under the control or influence by the author of the statements; 'industry' shall mean:~~presenting sufficient guarantees of independence; (This amendment applies to the whole of the text under consideration; its adoption will necessitate technical adjustments throughout the text.)

Amendment 168 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 13

13. ‘'industry’' shall mean: ~~private compan~~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 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: ~~either a production or a non-production install~~a stationary fixed or floating facility, or a combination of facilities', permanently interconnected by bridges, or other structures, used for offshore oil and gas operations or in connection with these operations;

Amendment 171 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 14

14. ‘'installation’' shall mean: ~~either a production or a non-production install~~a stationary fixed or mobile facility, or a combination of facilities permanently inter-connected by bridges or other structures, used for offshore oil and gas operations or in connection with these operations ;

Amendment 172 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 15

15. ‘'internal emergency response plan’' shall mean: an overview prepared by operators pursuant to requirements of this Regulation of the measures to prevent escalation or limit consequences of an accident related to offshore oil and gas operations ~~within an exclusion zone around the installation~~;

Amendment 173 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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. ‘'licensed area’' shall mean: the geographical area covered by the authorisation ~~pursuant to Directive 94/22/EC~~;

Amendment 175 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 17

17. ‘'licensee’' shall mean: the holder ofr joint holder of an authorisation to carry out offshore o~~peration pursuant to Directive 94/22/EC~~il and gas operations;

Amendment 176 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 18

18. ‘'major accident’' shall mean: a~~n occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to th~~) explosion, loss of well control, release of hydrocarbons or dangerous substance einv~~ironment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and~~olving fatalities or serious personal injury. b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; c) any other event ~~involving~~leading to death or ~~major~~serious injury to five or more persons on ~~or working in connection with the installation~~the offshore installation from which the source of danger occurs or engaged in an activity in connection with it; d) any major environmental incident;

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 ~~significant escape of hydrocarbons to the environ~~other uncontrolled developments, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and any other event involving death or major injury to five or more persons on or working in connection with the installation;involving: (i) significant escape of hydrocarbons; (ii) loss of structural integrity of the installation; or (iii) death or major injury.

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 ~~significant~~ escape of hydrocarbons to the environment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and any other event involving death or major injury to five or more persons on or working in connection with the installation;

Amendment 179 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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. ‘'major hazard’' shall mean: a situation with a potential for or resulting in a major accident;

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. ‘'non-production installation’' shall mean: an installation other than a production installation ~~used both for exploratory drilling and as a support installation for production~~ ;

Amendment 183 #

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)

20 a. 'offshore' shall mean: situated in the waters of Member States including their exclusive economic zones and their continental shelves within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS);

Amendment 184 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 21

21. ‘'offshore oil and gas operations’' shall mean: all ~~activitie~~operations related to exploring for, producing or processing of oil and gas offshore. This includes transport of oil and gas through ~~offshore~~connected infrastructure ~~connected to an~~to an offshore installation or subsea installation but not transportation of oil and gas from one coast to another, where connected infrastructure only passes through the jurisdiction of a Member State;

Amendment 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 ~~offshore~~connected infrastructure ~~connected to an~~to or from an offshore installation or subsea installation;

Amendment 186 #

Proposal for a regulation
Article 2 – paragraph 1 – point 22

22. ‘'operator’' shall mean: - the ~~operator of a production installation~~holder of a relevant authorisation or permit issued by a public authority; or - the ~~owner of a non-production installation and the well operator of a well operation. Operator and licensee both come under the definition of Article 2(6) of Directive 2004/35/EC~~ co-holder of an authorisation or a permit issued by a public authority and designated operator by virtue of an operating agreement concluded with the other authorisation or permit holder(s), or - an entity not the holder of an authorisation or a permit issued by a public authority, but instead designated operator by virtue of an operating agreement concluded with the authorisation, or permit holder(s);

Amendment 187 #

Proposal for a regulation
Article 2 – paragraph 1 – point 22

22. ‘'operator’' shall mean~~: the operator of~~ a production installation o~~r the owner of~~perator, a non-production installation ~~and the well~~ operator ofr a well operat~~ion. Operator and licensee both come under the definition of Article 2(6) of Directive 2004/35/EC~~ or;

Amendment 188 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 23

23. ~~‘operator of~~ 'production installation’ operator' shall mean: a ~~person~~an entity appointed by the licensee to manage and control the main functions of a production installation and approved by the Member State;

Amendment 189 #

Proposal for a regulation
Article 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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 24

24. ~~‘owner’~~'non-production installation operator' shall mean: a ~~person~~n entity legally entitled to control the operation of a non- production installation and approved by the Member State;

Amendment 192 #

Proposal for a regulation
Article 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 offshore licensed area including offshore processing of oil and gas and its 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 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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 27

~~27. ‘production license’: shall mean: an authorisation granted by the Member State for production of oil and gas..~~deleted

Amendment 195 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 28

28. ‘'public’' shall mean: one or more ~~natural or legal person~~entities and, in accordance with national legislation or practice, their associations, organisations or groups;

Amendment 196 #

Proposal for a regulation
Article 2 – paragraph 1 – point 29

29. ‘'relevant authority’' shall mean (in the context of emergency response to an offshore accident): the primary emergency responder organisation of a Member State, responsible for ~~initi~~coordinating the emergency response ~~to a major offshore oil and gas~~in relation to a specific major accident;

Amendment 197 #

Proposal for a regulation
Article 2 – paragraph 1 – point 30

30. ‘risk’ shall mean: the product of the likelihood ofthat a specifi~~c effect~~ed undesired event will occur~~ring~~ within a specific period ~~or in specified circumstances~~and the severity of the consequences of the event if it did occur;

Amendment 198 #

Proposal for a regulation
Article 2 – paragraph 1 – point 30

30. ‘'risk’' shall mean: the ~~likelihood of a specific effect occurring within a specific period or in specified circumstances~~combination of the probability of an event and the consequences of the event;

Amendment 199 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON, Peter SKINNER

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 ~~based on~~supported objective ~~evidence and demonstrated by an analysis, comparison with appropriate standards or other solutions~~ly by one or more of following: reasoned analysis, risk assessment, good engineering practice, or by reference to external standards or practices, such as where an appropriate solution has been used in comparable situations by other authorities or industry;

Amendment 201 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 32

32. ‘'well operation’' shall mean: ~~the drilling of a well for exploration or production purposes, including suspension of~~any operation concerning a well that can result in the accidental release of materials that has the potential to lead to a major accident, including the drilling of a well related to offshore oil and gas operations, the repairing or modifying of a wells, ~~permanent abandonment, or any operation concerning a well that can result in the accidental release of fluids or risk of major accident~~the suspension of operations or the permanent abandonment of a well;

Amendment 202 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 2 – paragraph 1 – point 33

33. ‘'well operator’' shall mean: ~~the person appointed by the licensee~~an entity appointed to plan and execute a well operation and approved by the Member State.

Amendment 203 #

Proposal for a regulation
Article 3 – paragraph 1

1. Operators shall ~~take~~ensure that all suitable measures are taken to prevent major accidents from offshore oil and gas operations~~. Competent authorities shall overse~~ for which they are thate operator~~s meet this obligation~~.

Amendment 204 #

Proposal for a regulation
Article 3 – paragraph 1

1. Operators shall ~~take~~ensure that all suitable measures are taken to prevent major accidents from offshore oil and gas operations. Competent authorities shall oversee that operators meet this obligation.

Amendment 205 #

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~~relating to installations ~~concerned,~~or connected infrastructure will likewise act in accordance with the requirements set out in this Regulation, in particular with its Annexes II, 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 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 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 3 – paragraph 3

3. Should a major accident nonetheless occur, operators ~~and competent authorities~~ shall take all suitable measures to limit their consequences for human health and the environment ~~and where possible to avoid serious disruptions of oil and gas production within the Union~~.

Amendment 208 #

Proposal for a regulation
Article 3 – paragraph 4

4. Operators shall ensure that offshore oil and gas ~~activitie~~operations covered by this ~~Regulation shall b~~Directive are performed on the basis of a systematic a~~ssessment of the likelihood of hazardous events and their consequences,~~nd regularly updated risk assessment and the implementation of control measures so that the residual risks of major accidents ~~to people, the environment, and offshore assets are accept~~are tolerable.

Amendment 209 #

Krišjānis KARIŅŠ

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 control measures so that the risks of major accidents to people, the environment, and offshore assets are a~~ccept~~s low as reasonably practicable.

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 ~~of offshore oil and gas activitie~~s pursuant to Directive 94/22/EC

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 ~~for offshore oil and gas activities~~ pursuant to Directive 94/22/EC shall take into account the capacity of applicants to meet the requirements for ~~specific activities within the framew~~the planned offshorke o~~f that authoris~~il and gas operations as required by the relevant provisions of Union law, notably in this Regulation.

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 ~~and also of the applicants‘ financi~~, including the environmental caimpac~~ities, including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damag~~t assessment carried out pursuant to Directive 85/337/EEC as amended. Due account shall also be taken to worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved, including the transparency and effectiveness of any response measures.

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 offshore oil and gas activities, due account shall be taken of the risk, hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants‘' financial capacities, including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damages. Worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved, including the transparency and effectiveness of any response measures shall also be taken into account.

Amendment 218 #

Proposal for a regulation
Article 4 – paragraph 2

2. In particular, ~~when assessing~~licensing authorities shall assess whether the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities~~, due account shall be taken of~~ are proportionate to the risks, 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~~. Due account shall be taken of the applicants' financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damages. The licensing authorities shall consult with competent authorities under this directive before granting the authorisation. They shall also take into account the global safety and environmental performance of the applicant.

Amendment 219 #

Proposal for a regulation
Article 4 – paragraph 2

2. In particular, ~~when assessing~~competent authorities shall assess whether the technical and financial capacity of the entities that apply for authorisation for planned offshore oil and gas ~~activities, due account shall be taken of~~operations pursuant to Directive 94/22/EC are proportionate to the risk,s, the hazards and any other relevant information related to the ~~area concerned~~licensed area and the particular stage of exploration and production operations ~~and also~~. Due account shall be taken of the applicants‘' financial capacities, including any financial security and capacity to cover liabilities potentially deriving from the offshore oil and gas activities in question, in particular liability for environmental damages. Member States may also take into account the previous safety and environmental performance of the applicant, including the history of the applicant with regards to major incidents where the applicant was proven to be liable and negligent.

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 ~~activities, due~~operations, full account shall be taken of the risk, the 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 liabilities potentially deriving from the planned offshore oil and gas activities in question, in particular liability for environmental damages.

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 #

Juan Fernando LÓPEZ AGUILAR, Teresa RIERA MADURELL

Proposal for a regulation
Article 4 – paragraph 3

3. ~~Authorisations for offshore oil and gas expl~~Production operations shall not be started before all relevant information ~~operations, and for production operations shall be granted separately~~regarding potential environmental and safety impacts that has become available during exploration is made available to the competent authority and consent has been given.

Amendment 225 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 4 – paragraph 3

3. Authorisations for offshore oil and gas exploration operations, ~~and for production operations shall be granted separately~~relating to the same licensed area shall be granted progressively such that information collected pursuant to exploration activity can be considered by the licensing authority prior to production operations being authorised.

Amendment 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 #

Juan Fernando LÓPEZ AGUILAR, Teresa RIERA MADURELL

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 relatSpecial attention shall 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 toby the ~~location~~Community or Member States concerned ~~and~~in the ~~particular stage of exploration and production operation~~framework of international or regional agreements to which they are parties.

Amendment 228 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 229 #

Proposal for a regulation
Article 4 – paragraph 4

4. ~~Licensing~~Competent authorities pursuant to Directive 94/22/EC shall, when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities, take into account the risks, hazards and any other relevant information related to the location concerned and the particular stage of exploration and production operations. Competent authorities shall ensure that provisions pursuant to paragraph 2 are proportionate to such risks, hazards and any other relevant information related to the location concerned and stage of operations.

Amendment 230 #

Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 (new)

Special attention should be given to ecologically sensitive marine and coastal environments, in particular ecosystems which play an important role in mitigation and adaption 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 Community or Member States concerned in the framework of international regional agreements to which they are parties.

Amendment 231 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4 a. Entities applying for authorisation for offshore oil and gas activities shall fully disclose evidence of financial and technical capacity and any other relevant information related to the area concerned and the particular stage of exploration and production operations. The competent authorities shall make the information available to the public.

Amendment 232 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4 a. 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 adaption to climate change.

Amendment 233 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

Amendment 234 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4 a. Member States shall refrain from authorising any offshore hydrocarbon exploration and extraction operations in the Arctic.

Amendment 235 #

Proposal for a regulation
Article 4 – paragraph 4 b (new)

4 b. The Commission shall, by [one year after adoption of the Regulation], transmit to the European Parliament and to the Council a report on the availability of financial security instruments, accompanied by proposals for arrangements to facilitate the provision of financial security.

Amendment 236 #

Proposal for a regulation
Article 5 – title

Public participation ~~in licensing procedures~~pursuant to Directive 2001/42/EC, Directive 85/337/EEC, Directive 92/43/EEC and Directive 79/409/EEC

Amendment 237 #

Proposal for a regulation
Article 5 – paragraph 1

1. Without prejudice to the provisions for public participation in the context of application of Directive 85/337/EEC as amended, Member States shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedures in their jurisdiction in accordance with the requirements of Annex I to this Regulation. The procedures shall be those laid down in Annex II of Directive 2003/35/EC.

Amendment 238 #

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 procedures in their jurisdiction in accordance with the minimum requirements ofset out in Annex I to this Regulation. The procedures shall be those laid down in Annex II of Directive 2003/35/EC.

Amendment 239 #

András GYÜRK

Proposal for a regulation
Article 5 – paragraph 2

2. The Member States with offshore oil and gas activities in their jurisdiction may lay down more detailed arrangements for informing the public and for consulting the public concerned.

Amendment 240 #

Proposal for a regulation
Article 5 – paragraph 3

3. Public participation shall be organised so as to ensure that disclosure of information and involvement of the public shall not pose risks to safety and security of offshore oil and gas installations and their operation or result in the disclosure of confidential or strategic information.

Amendment 241 #

Proposal for a regulation
Article 5 – paragraph 3

3. Public participation shall be organised so as to ensure that disclosure of information and involvement of the public shall not pose risks to safety and security of offshore oil and gas installations and their operation and shall take due account of commercial confidentiality and sensitivity.

Amendment 242 #

Proposal for a regulation
Article 5 – paragraph 3

3. Public participation shall be organised so as to ensure that disclosure of information and involvement of the public shall not pose risks to safety and security of offshore oil and gas installations and their operation and shall respect the confidentiality of commercially sensitive information.

Amendment 243 #

Proposal for a regulation
Article 5 a (new)

Article 5 a Access to justice 1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions in the context of authorisation and licensing procedures when one of the following conditions is met: (a) they have a sufficient interest; (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non- governmental organization promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

Amendment 244 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 6 – paragraph 1

1. Installations and connected infrastructure shall only be operated in licensed areas by licensees, or entities ~~they contract and~~operators appointed for that purpose, and that are approved by Member States.

Amendment 245 #

Proposal for a regulation
Article 6 – paragraph 1

1. Installations shall only be operated in licensed areas by licensees, or entities they contract and appoint for that purpose and that are approved by ~~Member Stat~~licensing authorities.

Amendment 246 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. The licensee shall ensure that the appointed operator is capable of satisfactorily carrying out the functions and duties pursuant to the requirements of this Regulation, and take all reasonable steps to ensure that the functions and duties are undertaken in accordance with these requirements.

Amendment 247 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 6 – paragraph 2

2. Where the competent authority ~~considers that the person appointed by the licensee is not competent to act as operator of an installation or as a well operator~~informs the Member State's licensing authority that the operator is not competent to perform the relevant functions and duties , the licensee shall be notified by the licensing authority thereof ~~and~~; shall assume ~~all~~ responsibilit~~ies of an operator pursuant to this Regulation~~y for the execution of the functions and duties; and shall nominate a replacement operator as soon as possible.

Amendment 248 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 6 – paragraph 3

3. Installations pursuant to paragraph 1 may not commence or continue operations within licensed areas without submission of a Major Hazards Report pursuant to ~~conditions and deadlines specified in~~ Articles 10 and 11 and its acceptance by the competent authority pursuant to this Regulation.

Amendment 249 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 6 – paragraph 4

4. ~~Well and combined~~Combined operations or well operations may not be undertaken unless the Major Hazards Report for the installation has been accepted pursuant to paragraph 3 of this Article. Furthermore, operations may not be commenced and conducted without submission of a ~~well or~~ combined operations notification ~~pursuant to conditions and deadlines specified in~~or well notification pursuant to Articles 13 and 14 to the competent authority, or if the competent authority expresses objections to the content of the a notification.

Amendment 250 #

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 ~~activitie~~operations carried out by the licensee or ~~any entity~~operator participating in the offshore oil and gas operations on the basis of a contract with the licensee. ~~The consenting procedure for operations pursuant to this Regulation shall not prejudice the liability of the licensee.~~

Amendment 251 #

Proposal for a regulation
Article 8 – title

~~National c~~Competent authority

Amendment 252 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 8 – paragraph 1

1. Member States with offshore oil and gas ~~activitie~~operations under their jurisdiction shall appoint a competent authority responsible for duties ~~laid down in~~related to the scope of this Regulation.

Amendment 253 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 8 – paragraph 2 – introductory part

2. The competent authorit~~ies~~y appointed pursuant to paragraph 1 as a minimum shall be responsible for the following ~~task~~duties:

Amendment 254 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) ~~performing inspec~~overseeing compliance of operators and owners with this legislations, by conducting inspections and investigations and taking enforcement action;

Amendment 255 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 8 – paragraph 3

3. ~~The c~~Competent authorit~~y shall be organised in accordance with~~ies undertaking duties pursuant to this Regulation shall be functionally independent from those p~~rovisions of Article 19 so as to e~~arts of the Member States exercising functionsu re ~~independent performance of potentially conflicting tasks, expertise and general effectiveness in regulating offshore oil and gas activiti~~lating to economic development of the Member State, in particular the granting of authorisations pursuant to Directive 94/22/EC, and the setting of policy for, and collection of, related revenues.

Amendment 256 #

Proposal for a regulation
Article 8 – paragraph 4

4. Member States shall ensure that competent authority have adequate resources to perform its tasks according to this Regulation.. They shall set up adequate oversight mechanisms to monitor the independency and effectiveness of the competent authority and shall take any necessary measures to effect improvements thereto.

Amendment 257 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 8 – paragraph 4

4. Member States shall ensure that the competent authorityies have adequate human and financial resources to perform ~~its tasks according~~the duties pursuant to this Regulation.

Amendment 258 #

András GYÜRK

Proposal for a regulation
Article 8 – paragraph 4

4. Member States with offshore oil and gas activities under their jurisdiction shall ensure that competent authority have adequate resources to perform its tasks according to this Regulation.

Amendment 259 #

Proposal for a regulation
Article 8 – paragraph 4

4. Member States shall ensure that the competent authority haves the necessary authority and adequate resources to perform its tasks according to this Regulation.

Amendment 260 #

Proposal for a regulation
Article 8 a (new)

Article 8 a Agency control of offshore safety 1. The European Maritime Safety Agency (EMSA) or a new appropriately established Agency, hereafter 'the Agency', shall provide the Commission and Member States with technical and scientific assistance in order to ensure risk minimisation and proper application of Community legislation in the field of offshore oil and gas safety. 2. The Agency shall ensure that Member States are fully compliant with all provisions of this Regulation, through measures including audits of competent authorities and assessments of national arrangements for authorisation processes and emergency response. 3. The Agency shall in addition have the following responsibilities with regards to emergency response: (i) Assist Member States and the Commission in detecting and monitoring the extent and environmental impact of an oil spill and safety risks from installations or vessels operating around them; (ii) Assist Member States with remediation and clean-up efforts and coordinate transboundary emergency response following a major accident, including in the case of transboundary impacts beyond EU waters; (iii) Assist Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; 4. The Agency shall promote high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.

Amendment 261 #

Proposal for a regulation
Article 8 a (new)

Agency control of offshore safety 1. The European Maritime Safety Agency (EMSA) or a new appropriately established Agency, hereafter 'the Agency', shall provide the Commission and Member States with technical and scientific assistance in order to ensure risk minimisation and proper application of Community legislation in the field of offshore oil and gas safety. 2. The Agency shall review authorisations regarding the provisions of this Regulation, audit competent authorities, and have an oversight of inspections as well as Member State arrangements for emergency response. 3. The Agency shall in addition have the following responsibilities with regards to emergency response: (i) Assist Member States and the Commission in detecting and monitoring the extent and environmental impact of an oil spill and safety risks from installations or vessels operating around them; (ii) Assist Member States with remediation and clean-up efforts and coordinate transboundary emergency response following a major accident, including in the case of transboundary impacts beyond EU waters; (iii) Assist Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; The Agency shall promote high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.rticle 8 a

Amendment 262 #

Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1 (new)

Article 8 a (new) Agency control of offshore safety 1. The European Maritime Safety Agency (EMSA) or a new appropriately established Agency, hereafter "the Agency", shall provide the Commission and Member States with technical and scientific assistance in order to ensure risk minimisation and proper application of Community legislation in the field of offshore oil and gas safety. 2. The Agency shall ensure that Member States are fully compliant with all provisions of this Regulation, through measures including audits of competent authorities and assessments of national arrangements for authorisation processes and emergency response. 3. The Agency shall promote high safety standards and best practice for offshore oil and gas activities internationally, though appropriate regional and global fora.

Amendment 263 #

Proposal for a regulation
Article 8 a (new)

Article 8 a The European Maritime Safety Agency (EMSA) EMSA shall have the following responsibilities : 1. Overseeing inspections as well as Member State arrangements for emergency response. 2. With regards to emergency response : (a) 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; (b) 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; (c) assisting Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; 3. Promoting high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.

Amendment 264 #

Proposal for a regulation
Article 8 a (new)

Article 8 a 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/gas 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 265 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. Subject to the transitional provisions in Article 39, the operator of a production ~~or a non-production~~ installation shall submit to the competent authority the following documents:

Amendment 266 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) in the case of a planned production installation, a design notification in accordance with the minimum requirements of Annex II, part 1;

Amendment 267 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) ~~a Major Hazard Report containing the details specified in Article 10 or Article 1~~in the case of an existing production installation which is to be moved to a new production location where it is to be operated, a relocation notification in accordance with the requirements of Annex II, part 1;

Amendment 268 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) a~~n internal emergency response plan pursuant to Article 12, integrated into the Major Hazards Report~~ Major Hazard Report containing the details specified in Article 10;

Amendment 269 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 1 – point d

~~(d) an overview of operator's major accident prevention policy pursuant to Article 18, integrated into the Major Hazards Report.~~deleted

Amendment 270 #

Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)

(d a) evidence of the operator's financial security.

Amendment 271 #

Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)

(d a) evidence of the operator's financial security.

Amendment 272 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 2

2. ~~The competent authority shall receive the design notification no later than 24 weeks before the intended submission of~~Subject to the transitional provisions in Article 39, the operator of a non- production installation shall submit to the competent authority a Major Hazards Report ~~for the planned operation~~containing the details specified in Article 11.

Amendment 273 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 3

3. The ~~Major Hazard Report shall be notified to the competent authority within a deadline set out by the competent authority and no later than 12 weeks before the planned commencement of operation~~competent authority shall receive the design notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the completion of the final design and the preparation the Major Hazards Report.

Amendment 274 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 3 a (new)

3 a. The competent authority shall receive the relocation notification at a sufficiently early stage in the proposed development to enable the operator to take into account any matters raised by the competent authority during the preparation of the Major Hazards Report.

Amendment 275 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 3 b (new)

3 b. Where an existing production installation is to enter or leave the waters of a Member State, the relevant competent authorities shall be notified in writing prior to the date on which the production installation is due to enter or leave the Member State's waters.

Amendment 276 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 3 c (new)

3 c. Where there is a material change to the design or relocation notification prior to the submission of the Major Hazard report, the competent authority shall be notified of the change as soon as possible.

Amendment 277 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 9 – paragraph 3 d (new)

3 d. The competent authority shall receive the Major Hazard Report no later than 24 weeks before the planned commencement of operation or within a timescale specified by the competent authority.

Amendment 278 #

Proposal for a regulation
Article 10 – title

Report on Major Hazard ~~Report~~s for a production installation

Amendment 279 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON, Peter SKINNER

Proposal for a regulation
Article 10 – paragraph 1

1. The Major Hazard Report for a production installation shall contain, at a minimum, the details specified in Annex II, parts 2 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.

Amendment 280 #

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 show evidence that the views of worker's representatives have been taken into account.

Amendment 281 #

Proposal for a regulation
Article 10 – paragraph 3

3. Where significant modifications are made to the production installation that would entail a material change to the current Major Hazard Report, or it is intended to dismantle the installation, the Major Hazard Report for a production installation shall be amended in accordance with Annex II, part 6 and submitted to the competent authority.

Amendment 282 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 10 – paragraph 3

3. Where ~~significant~~ modifications are to be made to the production installation that materially alters the risk of major accidents, or it is intended to dismantle ~~the~~a fixed production installation, the Major Hazard Report for a production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 and submitted to the competent authority.

Amendment 283 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 10 – paragraph 4

4. Where further information is necessary before a Major Hazard Report can be accepted, the ~~competent authority shall request further information or changes to the documents submitted~~operator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions.

Amendment 284 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 10 – paragraph 5

5. The amended Major Hazard Report for a production installation pursuant to paragraph 3 shall be submitted to the competent authority no later than 12 weeks before the planned works are commenced, or within a ~~deadlin~~timescale specified by the competent authority ~~and no later than 6 weeks before the planned works are commenced. The planned works shall not be commenced~~. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for the production installation.

Amendment 285 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 10 – paragraph 6

6. The Major Hazard Report for a production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority, ~~and the results of~~. A summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be ~~not~~en required by the competent authority within a timescale specified toby the competent authority.

Amendment 286 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON, Peter SKINNER

Proposal for a regulation
Article 11 – paragraph 1

1. The Major Hazard report for a non- production installation shall contain, at a minimum, the details specified in Annex II, parts 3 and 5 and must be revised when appropriate. Workers' representatives shall be consulted in the preparation of the Major Hazard Report.

Amendment 287 #

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 show evidence that the views of worker's representatives have been taken into account.

Amendment 288 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 11 – paragraph 2

2. Where ~~significant~~ modifications are made to be the non-production installation that materially alters the risk of major accidents, or it is intended to dismantle ~~the~~a fixed non- production installation, the Major Hazard Report for a non- production installation shall be amended in accordance with the minimum requirements set out in Annex II, part 6 (excluding paragraph 4) and submitted to the competent authority.

Amendment 289 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 11 – paragraph 3

3. For a fixed non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority no later than 12 weeks before the planned works are to be commenced or within a ~~deadlin~~timescale specified by the competent authority ~~and no later than 2 weeks before the planned works are to be commenced. The planned works shall not be commenced~~. Any proposed modification of the procedures and arrangements in the current Major Hazard Report shall not be brought into use until the competent authority has accepted the amended Major Hazard Report for ~~a non-~~the production installation.

Amendment 290 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 11 – paragraph 4

4. For a mobile non-production installation, an amended Major Hazard Report pursuant to paragraph 2 shall be submitted to the competent authority ~~within a deadline specified by competent authority and in no case~~no later than 12 weeks before the installation is due to commence operations or within a timescale specified by the competent authority. The installation may not be operated until the competent authority has accepted the amended Major Hazard Report for a non- production installation.

Amendment 291 #

Proposal for a regulation
Article 11 – paragraph 5

5. Where further information is necessary before a Major Hazard Report can be accepted, the ~~competent authority shall request further information or changes to the documents submitted~~operator shall, at the request of the competent authority, provide such information and where necessary make any necessary changes to the submission of the Major Hazard Report.

Amendment 292 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 11 – paragraph 5

5. Where further information is necessary before a Major Hazard Report can be accepted, the ~~competent authority shall request further information or changes to the documents submitted.~~operator shall, at the request of the competent authority, provide such information and, where necessary, make changes to the Major Hazard Report submissions

Amendment 293 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 11 – paragraph 6

6. The Major Hazard Report for a non- production installation shall be subject to periodic review by the operator at least every 5 years or more frequently as required by the competent authority. ~~The results of~~A summary of the review shall be submitted to the competent authority within 28 days of its conclusion or, where the review shalls be ~~not~~en required by the competent authority, within a timescale specified toby the competent authority.

Amendment 294 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 12 – paragraph 1

1. Operators shall prepare internal emergency response plans taking into account the major accident risk assessments undertaken during preparation of the most recent major hazard report. In the case of drilling a well from a mobile non-production installation, the ~~risk assessment pursuant to the well notification should be incorpora~~internal emergency response plan shall be submitted into the ~~emergency response plan for the install~~competent authority to accompany the relevant well notification.

Amendment 295 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 12 – paragraph 2

2. For production and non-production installations, the operator shall submit the internal emergency response plan ~~shall be submitted~~ to the competent authority ~~as part of~~to accompany the Major Hazard Report.

Amendment 296 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 12 – paragraph 3

3. Non-production installations undertaking well operations where the internal emergency response plan is amended due to the particular nature of the well location, should notify the competent authority of said amendment to the internal emergency response plan when submitting the well notification.deleted

Amendment 297 #

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3 a. Operators shall proof that equipment for capping potential spills shall be available as to allow for timely deployment in the event of a major accident.

Amendment 298 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3 a. Equipment for capping all potential spills shall be available in such locations as to allow for timely deployment in the event of a major accident.

Amendment 299 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 13 – paragraph 1

1. ~~No less than 21 days prior to the start of a well operation, t~~The well operator shall send to the competent authority a notification containing details of the design of the well and ~~its~~the proposed well operations in accordance with the minimum requirements of Annex II, part 4 no later than 21 days before the commencement of well operations or within a timescale specified by the competent authority.

Amendment 300 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 13 – paragraph 2

2. The competent authority shall consider the notification and ~~take action it considers necessary~~, if deemed necessary, take appropriate action before the well operations may commence.

Amendment 301 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 13 – paragraph 3

3. The well operator shall immediately notify the competent authority of any ~~significant~~material change to the details of the well notification ~~and simultaneously inform~~. The well operator will involve the independent ~~well examin~~verifier pursuant to Article 15(3b).

Amendment 302 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 13 – paragraph 3 a (new)

3 a. Where well operations involve the risk of an unplanned release of hydrocarbons from the well, the operator shall submit reports to the competent authority in accordance with the requirements of Annex II Part 4A. The reports shall be submitted at weekly intervals, starting on the day of commencement of the well operations, or at intervals specified by the competent authority.

Amendment 303 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 14 – paragraph 1

1. An operator of an installation which is to be involved in a combined operations shall s~~end to the competent author~~ubmity a notification containing details of the combined operations to the competent authority in accordance with the minimum requirements of Annex II, part 7. ThWhere there is more than one operators of ~~concerned~~the installations ~~may~~involved in the combined operation, the operators should agree for that one of them to should prepare the notification of combined operations ~~on their behalf~~. The notification shall be submitted no later than 21 days before combined operations commence or within a timescale specified by the competent authority.

Amendment 304 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 14 – paragraph 2

2. The competent authority shall consider the notification and take action it considers necessary before the combined operation ~~may~~s commence.

Amendment 305 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 14 – paragraph 3

3. The operator who prepared the notification shall without delay inform the competent authority of any significant material change to the ~~details of thereof~~combined operation notification.

Amendment 306 #

Proposal for a regulation
Article 15 – title

Independent ~~third party~~ verification

Amendment 307 #

Proposal for a regulation
Article 15 – title

Independent ~~third party~~ verification

Amendment 308 #

Proposal for a regulation
Article 15 – title

Independent ~~third party~~ verification

Amendment 309 #

Proposal for a regulation
Article 15 – paragraph 1

1. Operators shall establish a scheme for independent ~~third party~~ verification and well examination and shall describe such schemes within the major accident policy integrated into the Major Hazards Reports pursuant to Article 18.

Amendment 310 #

Proposal for a regulation
Article 15 – paragraph 1

1. Operators shall establish a schemes for independent ~~third party~~ verification and well examination ~~and shall describe such schemes within the major accident policy integrated into~~for the life cycle of an installation or a well and shall describe such schemes within the description of the safety management system submitted to accompany the Major Hazards Reports pursuant to Articles 180 and 11.

Amendment 311 #

Proposal for a regulation
Article 15 – paragraph 1

1. Operators shall establish a ~~scheme for~~n independent ~~third party~~ verification ~~and~~scheme for well examination and shall describe such schemes within the major accident policy integrated into the Major Hazards Reports pursuant to Article 18.

Amendment 312 #

Proposal for a regulation
Article 15 – paragraph 1

Amendment 313 #

Proposal for a regulation
Article 15 – paragraph 1 a (new)

1 a. The results of the independent verification shall be without prejudice to the responsibility of the operator for the correct and safe functioning of the equipment and systems under verification.

Amendment 314 #

Proposal for a regulation
Article 15 – paragraph 2

2. The selection of the independent ~~third party~~ verifier and the design of schemes for independent ~~third party~~ verification and for independent well examination shall meet the criteria of Annex II, part 5.

Amendment 315 #

Proposal for a regulation
Article 15 – paragraph 2

2. The selection of the independent ~~third party~~ verifier and the design of schemes for independent ~~third party~~ verification and ~~for independent~~ well examination shall meet ~~the~~, at a minimum, criteria of Annex II, part 5.

Amendment 316 #

Proposal for a regulation
Article 15 – paragraph 2

2. The selection of the independent ~~third party~~ verifier and the design of schemes for independent ~~third party~~ verification ~~and for independent~~for well examination shall meet the criteria of Annex II, part 5.

Amendment 317 #

Proposal for a regulation
Article 15 – paragraph 2

Amendment 318 #

Proposal for a regulation
Article 15 – paragraph 3 – introductory part

3. The schemes for independent ~~third party verification in respect of production and non-production installations~~verification shall be established:

Amendment 319 #

Proposal for a regulation
Article 15 – paragraph 3 – introductory part

3. The scheme for independent ~~third party~~ verification in respect of production and non- production installations shall be established:

Amendment 320 #

Proposal for a regulation
Article 15 – paragraph 3 – introductory part

3. The scheme for independent ~~third party~~ verification in respect of production and non- production installations shall be established:

Amendment 321 #

Proposal for a regulation
Article 15 – paragraph 3 – point a

(a) in respect of installations to give independent assurance that the specified ~~systems~~plant and safety critical elements identified in the risk assessments and safety management system for the installation are suitable ~~and up to date, and the schedule of~~ examination and testing of the major hazards control systems is suitable, ~~up to date and operating~~and implemented as intended;

Amendment 322 #

Proposal for a regulation
Article 15 – paragraph 3 – point a

(a) in respect of installations to give independent assurance that the specified systems and where appropriate safety critical elements identified in the risk assessments and safety management system for the installation are suitable and up to date, and the schedule of examination and testing of the major hazards control system isare suitable, up to date and operating as intended;

Amendment 323 #

Proposal for a regulation
Article 15 – paragraph 3 – point a

a) in respect of installations to give independent assurance that the specified systems and, if necessary, safety critical elements as identified in the risk assessments and safety management system for the installation are suitable and up to date, and the schedule of examination and testing of the major hazards control system is suitable, up to date and operating as intended;

Amendment 324 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) in respect of well ~~pla~~notifications to give independent assurance that the well design and well control measures are suitable to the anticipated well conditions a~~nd kept as the basis if the well design changes for whatever reason~~t all times.

Amendment 325 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) in respect of well plans to give independent assurance that the well design and well control measures are suitable tofor the anticipated well conditions and ~~kept as the basis if~~is updated when the well design changes for whatever reason.

Amendment 326 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

(b) in respect of well plans to give independent assurance that the well design and well control measures are suitable to the anticipated well conditions and ~~kept as the basis~~are updated if the well design changes for whatever reason.

Amendment 327 #

Proposal for a regulation
Article 15 – paragraph 3 – point b

b) in respect of well plans to give independent assurance that the well design ~~and well control~~ measures are suitable to the anticipated well conditions and ~~kept as the basis~~updated if the well design changes for whatever reason.

Amendment 328 #

Proposal for a regulation
Article 15 – paragraph 3 a (new)

3 a. Operators shall respond to and take appropriate action based on the results of the independent verification.

Amendment 329 #

Proposal for a regulation
Article 15 – paragraph 4

4. Operators shall ensure that ~~outcomes of~~ the independent ~~third party~~ verification scheme report pursuant to this Article under paragraph 3(a) a~~re available to the competent authority upon its request~~nd the responses and actions relating to the report are made available to the competent authority upon its request and retained by the operator for a period of 6 months after completion of the oil and gas operations to which they relate.

Amendment 330 #

Proposal for a regulation
Article 15 – paragraph 4

4. Operators shall ensure that outcomes of the independent ~~third party~~ verification scheme pursuant to this Article under paragraph 3(a) and their responses and action to it are available to the competent authority upon its request.

Amendment 331 #

Proposal for a regulation
Article 15 – paragraph 4

4. Operators shall ensure that outcomes of the independent ~~third party~~ verification scheme pursuant to this Article under paragraph 3(a) are available to the competent authority upon its request.

Amendment 332 #

Proposal for a regulation
Article 15 – paragraph 4

4. Operators shall ensure that outcomes of the independent ~~third party~~ verification scheme pursuant to this Article under paragraph 3(a) are available to the competent authority upon its request.

Amendment 333 #

Proposal for a regulation
Article 15 – paragraph 5

~~5. Operators shall ensure that the findings and comments of the independent well examiner pursuant to this Article under paragraph 3(b) are included in the well notification pursuant to Article 13.~~deleted

Amendment 334 #

Proposal for a regulation
Article 15 – paragraph 6

6. For production installations, the verification scheme shall be in place prior to submission of the Major Hazards Report to the competent authority. In the case of a non-production installation, the scheme shall be in place prior to the non- production installation being ~~brought into a particular operation~~operated in Union waters.

Amendment 335 #

Proposal for a regulation
Article 15 – paragraph 6

6. For production installations, the independent verification scheme shall be in place prior to submission of the Major Hazards Report to the competent authority. In the case of a non-production installation, the independent scheme shall be in place prior to the non- production installation being brought into a particular operation.

Amendment 336 #

Proposal for a regulation
Article 15 – paragraph 7

7. Non-production installations operated in Union waters shall meet the requirements of relevant international conventions as defined in Regulation 391/2009/EC of the European Parliament and of the Council of 23 April 2009 or the equivalent standards of the Code for the construction and equipment of mobile offshore drilling units (2009 MODU CODE). They shall be certified by an organisation that is recognised by the Union in accordance with the aforementioned Regulation.deleted

Amendment 337 #

Proposal for a regulation
Article 15 – paragraph 7

7. NMobile non-production installations operated in Union waters shall meet the requirements of relevant international conventions as defined in Regulation 391/2009/EC of the European Parliament and of the Council of 23 April 2009 or the equivalent standards of the applicable version of the Code for the construction and equipment of mobile offshore drilling units (~~2009~~ MODU CODE). They shall be certified as meeting the necessary requirements by an organisation that is recognised by the Union in accordance with the aforementioned Regulation.

Amendment 338 #

Konrad SZYMAŃSKI

Proposal for a regulation
Article 15 – paragraph 7

7. Non-production installations operated in Union waters shall meet the requirements of relevant international conventions as defined in Regulation 391/2009/EC of the European Parliament and of the Council of 23 April 2009 or. New mobile offshore drilling units (MODUs) whose construction began after 1st January 2012 shall meet the equivalent standards of the Code for the construction and equipment of mobile offshore drilling units (2009 MODU CODE). They shall be certified as meeting the necessary requirements by an organisation that is recognised by the Union in accordance with the aforementioned Regulation.

Amendment 339 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 15 – paragraph 7 a (new)

7 a. The Commission shall, in consultation with the Offshore Authorities Forum, draw up and regularly update a list of organisations recognised as independent third party verifiers for production installations in accordance with Article 35.

Amendment 340 #

Proposal for a regulation
Article 15 – paragraph 7 a (new)

7 a. The Commission shall draw up and regularly update a list of organizations recognized as independent third party verifiers for production installations in accordance with Article 35.

Amendment 341 #

Proposal for a regulation
Article 16 – title

Power to prohibit ~~activity~~offshore oil and gas operations

Amendment 342 #

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, or any connected infrastructure, where the measures proposed byin the ~~operator~~Major Hazards Report (for a production or a non- production installation) for the prevention and mitigation of major accidents pursuant to Articles 10, 11, 13 and 14 are considered seriously deficient. Member States shall ensure that operators are entitled to receive details of the identified deficiencies on which the competent authority proposes to rely in exercising its power under this paragraph and shall ensure that operators may appeal against a prohibition order issued by a competent authority under paragraph 1 to an appropriate body determined by national law and procedures.

Amendment 343 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 16 – paragraph 2

2. Where the Major Hazards Report pursuant to Articles 10 and 11, or notifications pursuant to Articles 13 and 14 are not submitted on time, the competent authority may, in exceptional situations and where it considers safety and environmental protection are not compromised, agree a reduction in the time limit for submission of the Major Hazards Report or notification.deleted

Amendment 344 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 16 – paragraph 3

3. The competent authority shall require the operator to take any ~~suitable complementary~~ measures that the competent authority considers necessary to restore compliance pursuant to Article 3 paragraph 1.

Amendment 345 #

Proposal for a regulation
Article 16 – paragraph 3

3. The competent authority shall require the operator to take any ~~suitable~~ complementary measures that the competent authority considers necessary to restore compliance pursuant to Article 3 paragraph 1.

Amendment 346 #

Proposal for a regulation
Article 16 – paragraph 4

4. The competent authority shall ~~prohibit~~have the power to suspend the use of any installation, or any part thereof, or any connected infrastructure, where the outcome of an inspection, periodic review of Major Hazards Report pursuant to Article 10 and 11 or changes to notifications pursuant to Articles 13 and 14 show that the requirements of this Regulation are not met or there are reasonable concerns about the safety of operations or installations. Member States shall ensure that operators are entitled to receive details of the serious concerns on which the competent authority proposes to rely in exercising its power under this paragraph and that operators have a reasonable period of time in which to raise any objection to the proposed suspension. Member States shall ensure that operators have a right of appeal against a suspension order issued by a competent authority under paragraph 4 to an appropriate body determined by national law and procedures.

Amendment 347 #

Proposal for a regulation
Article 16 – paragraph 4 a (new)

4 a. Where an activity carried out by an operator poses an immediate danger to human health and/or to the environment or significantly increases the risk of a major accident, the competent authority shall oblige the operator to suspend the operation of the installation of the subject activity until the threat of or actual imminent danger is brought under control.

Amendment 348 #

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~~major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant ~~negative~~ effects on ~~waters of~~the environment in another Member State ~~in the case of an accident~~, or where a Member State likely to be significantly affected so requests, the Member State in whose jurisdiction the operations are to take place, shall forward t~~o the affected~~he relevant information to the other Member State pursuant to the relevant ~~information and shall endeavour to adopt jo~~provisions of Union Law, int p~~reventive measures to prevent damages~~articular Council Directive 85/337/EEC.

Amendment 349 #

Proposal for a regulation
Article 17 – paragraph 2

2. Application of paragraph 1 is without prejudice to other relevant provisions of Union Law, in particular Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and the Convention on Environmental Impact Assessment in a Transboundary Context.deleted

Amendment 350 #

Proposal for a regulation
Article 17 – paragraph 2 a (new)

2 a. 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 351 #

Proposal for a regulation
Article 18 – paragraph 2

2. The document ~~pursuant~~referred to in paragraph 1 shall be submitted to the competent authorit~~ies as a part of~~y to accompany the Major Hazard Report pursuant to Articles 10 and 11 or asto accompany the notification of well operations pursuant to Article 13.

Amendment 352 #

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 ~~third party verification of their major hazard controls~~verification pursuant to Article 15, and Annex II part 5.

Amendment 353 #

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~~, which are a result of its activitie~~ relating to the offshore oil and gas operations.

Amendment 354 #

Proposal for a regulation
Article 18 – paragraph 5

5. Operators shall establish, and regularly consult with the representatives of the relevant Member States pursuant to Article 27, the industry priorities for preparing and/or revising standards and guidance for best practice in control of offshore major accident hazards throughout the design and operation lifecycle of offshore operations, and as a minimum shall follow the outline in Annex IV.deleted

Amendment 355 #

Proposal for a regulation
Article 18 – paragraph 6

6. Licensees, operators and major contractors based in the Union shall, subject to the need to comply with local requirements, endeavour to conduct their offshore oil and gas operations when outside the Union in accordance with the principle~~s set out in this Regulation~~ of minimising major accident risks from those operations wherever possible.

Amendment 356 #

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.

Amendment 357 #

Proposal for a regulation
Article 18 – paragraph 6

Amendment 358 #

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.

Amendment 359 #

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6 a. 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 take all acceptable measures, which may include suspending the operation of the installation of the subject activity, until the threat of, or actual, imminent danger is brought under control.

Amendment 360 #

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6 a. 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 361 #

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6 a. Where an activity carried out by an operator poses an immediate danger to human health and/or to the environment or significantly increases the risk of a major accident, operators shall suspend the operation of the installation of the subject activity until the threat of or actual imminent danger is brought under control.

Amendment 362 #

Proposal for a regulation
Article 18 – paragraph 6 b (new)

6 b. 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 363 #

Proposal for a regulation
Article 19 – paragraph 1

1. ~~The competent authority~~Member States with offshore oil and gas activities under their jurisdiction shall make suitable arrangements to ensure ~~its~~the independence of the competent authorities from conflicts of interest between regulation of safety and environmental protection, and functions relating to economic development of the Member State, in particular licensing of offshore oil and gas activities, and policy for and collection of related revenues. Competent authorities shall, in particular, be functionally independent from those parts of the Member States responsible for the granting of authorisations pursuant to Directive 94/22/EC, and the setting of policy for, and collection of, related revenues.

Amendment 364 #

Proposal for a regulation
Article 20 – paragraph 1

1. Operators shall comply with this Regulation, and with the measures established in the Major Hazards Report for production and non-production installations and ~~in the plans~~ referred to in the well notification and combined operations notification prepared, pursuant to Articles 10, 11, 13 and 14.

Amendment 365 #

Proposal for a regulation
Article 20 – paragraph 1 – point a (new)

(a) Operators shall provide the competent authorities, or any other persons acting under the direction of the competent authorities, with transport to or from an installation (including the conveyance of their equipment) at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits to the installations, for the purpose of oversight, including inspections, investigations and enforcement of compliance with the provisions of this Regulation.

Amendment 366 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 20 – paragraph 1 a (new)

1 a. Operators shall provide the competent authorities, or any other persons acting under the direction of the competent authorities, with transport to or from an installation (including the conveyance of their equipment) at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits to the installations, for the purpose of oversight, including inspections, investigations and enforcement of compliance with the provisions of this Regulation.

Amendment 367 #

Proposal for a regulation
Article 20 – paragraph 2

2. Where ~~non compliance with the provisions of paragraph 1 to this Article poses an immediate danger to human health or threatens to cause an immediate significant adverse ef~~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 safecst upo~~n safety and/or the environment, the operation of the installation or operation of relevant part thereof shall be suspended by the operator, until compliance is restored~~ssible 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 368 #

Proposal for a regulation
Article 20 – paragraph 4

4. ~~The c~~Competent authorityies shall develop annual plans for effective oversight, including inspections, of major hazard activities based on risk and paying particular regard to~~, and verifying,~~ compliance with the ~~documents submitted to it pursuant to Article 9, and shall monitor its effectiveness and shall take any necessary measures to effect improvements thereto~~reports on major hazards, internal emergency response plans and well operations notifications submitted pursuant to Article 9.

Amendment 369 #

Proposal for a regulation
Article 20 – paragraph 4 a (new)

4 a. 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 370 #

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 relev~~contractors antd sub contractors connected with the operation and their employees, and ensure that reference to anonymous reporting is included in relevant training and notices.

Amendment 371 #

Proposal for a regulation
Article 22 – paragraph 1 a (new)

1 a. The EU Offshore Authorities Group in consultation with operators shall consider establishing an instant incident reporting mechanism to share information as soon as any major accident occurs in the EU waters.

Amendment 372 #

Proposal for a regulation
Article 22 – paragraph 2

2. The Commission shall determine by means of an implementing act a common data reporting format ~~and the details of information to be shared. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011~~.

Amendment 373 #

Proposal for a regulation
Article 22 – paragraph 2

2. The Commission shall determine by means of an implementing act a common data reporting format ~~and~~for the ~~details of information to be shared~~provision of the information described in Annex VI. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article ~~4 of Regulation (EU) No 182/2011~~6 paragraph 2.

Amendment 374 #

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 and to the Commission.deleted

Amendment 375 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 376 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 377 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 378 #

Proposal for a regulation
Article 23 – paragraph 1

1. The ~~information pursuant Annex VI shall be made publicly available without a need for request pursuant to applicable prov~~Commission shall by means of an implementing measure determine a common publication format for the provision of the information described in Annex VI, that shall enable easy cross- border comparisions of ~~Union legislation on access to environmental information~~data. This implementing act shall be adopted in accordance with the procedure referred to in Article 36 paragraph 2.

Amendment 379 #

Proposal for a regulation
Article 23 – paragraph 1

1. The information pursuant Article 22 to 25 and Annex VI shall be made publicly available ~~without a need for request pursuant to applicable provisions of Union legislation on~~by the competent authority without a need for request in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

Amendment 380 #

Proposal for a regulation
Article 23 – paragraph 2

2. TWhe Commission 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 24n making environmental information pursuant to this Regulation publicly available, Member States shall do so in accordance with Article 7 of Directive 2003/4/EC.

Amendment 381 #

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 382 #

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 383 #

Proposal for a regulation
Article 23 – paragraph 3

3. When publishing their national emergency response plans pursuant to Article 30 the Member States shall ensure that disclosed information does not pose risks to safety and security of offshore oil and gas installations and their operation.deleted

Amendment 384 #

Proposal for a regulation
Article 24 – title

Reporting on safety and environmental impact of offshore oil and gas ~~activitie~~operations

Amendment 385 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 24 – paragraph 1 – introductory part

1. The Member States shall prepare an annual report ~~concerning~~on safety and the environmental impact of offshore oil and gas operations, which includes:

Amendment 386 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 24 – paragraph 1 – point c

(c) incident data pursuant to the common reporting ~~system required in~~publication requirements pursuant to Articles 22 and 23;

Amendment 387 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 24 – paragraph 1 – point e

(e) ~~the safety and environmental performa~~any major change in relation to prevention of major accidents and the limiting of consequences of ~~offshore oil and gas operations~~major accidents that do occur, including the pertinence of any suspension of operations that might be of application in their jurisdiction.

Amendment 388 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 24 – paragraph 2

2. ~~Member States shall designate an authority to~~Competent authorities shall be responsible for exchanging information pursuant to Article 22 and publication of information pursuant to Article 23 and shall inform the Commission accordingly.

Amendment 389 #

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 relevant Member States pursuant Article 26.deleted

Amendment 390 #

Proposal for a regulation
Article 24 – paragraph 3

Amendment 391 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 regulation of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where neededor competent authorities shall initiate thorough investigations of major accidents.

Amendment 392 #

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 ~~regulation~~oversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed.

Amendment 393 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 25 – paragraph 2 a (new)

2 a. Member States shall make an assessment of the effectiveness of the competent authority's oversight of the installation concerned in the time preceding the accident and recommendations for any appropriate changes to the relevant regulatory practices.

Amendment 394 #

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. ~~A specific version of the report, that takes into account~~Subject to possible legal limitations, a separate report shall be made available publicly ~~with regard to Articles 22 and 23~~, containing the information pursuant to Annex VI. Environmental information included in the report shall be in accordance with Article 7 of Directive 2003/4/EC.

Amendment 395 #

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 396 #

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 397 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 25 – paragraph 4

4. Following ~~its~~the investigations pursuant to paragraph 2, the competent authority shall implement any recommendations of the investigation that are within its powers to act.

Amendment 398 #

Proposal for a regulation
Article 26 – paragraph 1

1. Competent authorities shall make information ~~receiv~~obtained pursuant to ~~this Regulation available to any natural or legal person~~Articles 24 and 25 available to any entity who so requests.

Amendment 399 #

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~~pply~~bmit to the competent authority, and make available to the public, a version of the requested document that excludes confidential information.

Amendment 400 #

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 supply to the competent authority, and make available to the public, a version of the document that excludes confidential or strategic information.

Amendment 401 #

Proposal for a regulation
Article 27 – paragraph 1

1. The competent authorities ~~shall regularly~~of Member States shall exchange knowledge, information and experience ~~between themselves and shall engage in consultations~~ on the application of relevant national and Union legal frameworks with other competent authorities, the industry, other stakeholders ~~and~~, the Commission and, where appropriate, within the framework of regional sea conventions.

Amendment 402 #

Proposal for a regulation
Article 27 – paragraph 1

1. The competent authorities shall regularly exchange knowledge, information and experience between themselves ~~and shall engage in consultations on the application~~within the EU Authorities Group and shall review the implementation and enforcement of relevant national and Union legal framework ~~with~~, having regard to the views of the industry, other stakeholders and the Commission, in order to strengthen the enforcement and implementation of the highest standards across the Union.

Amendment 403 #

Proposal for a regulation
Article 27 – paragraph 2

2. Information exchanged pursuant to paragraph 1 shall concern, in particular, ~~the functioning of~~ the measures for risk assessment, accident prevention, compliance verification and emergency response related to offshore oil and gas operations within the Union, as well as beyond its borders where appropriate.

Amendment 404 #

Proposal for a regulation
Article 27 – paragraph 3

3. Clear priorities ~~and procedures~~ should be established between operators and competent authorities for the preparation and updating of guidance ~~document~~and standards in order to identify and facilitate the implementation ~~of the best practices in areas pursuant to paragraph 2~~and consistent application of best practices.

Amendment 405 #

Proposal for a regulation
Article 27 – paragraph 3

3. Competent authorities should establish clear priorities and procedures ~~should be established~~ for the preparation and updating of guidance documents in order to identify and facilitate the implementation of the best practices in areas pursuant to paragraph 2.

Amendment 406 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 27 – paragraph 4

4. A Member State may seek the opinion of ~~other Member States participating in the exchange of information~~a neighbouring Member State pursuant to paragraph 1 regarding any decision ~~of another Member State that has potential~~that could have a negative cross border impact.

Amendment 407 #

Proposal for a regulation
Article 28 – title

~~Coordinated approach towards the safety in adjacent regions and international activities~~Offshore oil and gas operations in areas outside the Union

Amendment 408 #

Proposal for a regulation
Article 28 – paragraph 1

1. The Commission~~, in close cooperation with the Member States~~ with the agreement of relevant Member States and recognising their competence, shall promote cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States including, where appropriate, within the framework of regional sea conventions.

Amendment 409 #

Proposal for a regulation
Article 28 – paragraph 1

1. The Commission, in close cooperation with the Member States, shall promote and, if necessary, orchestrate cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States including, where appropriate, within the framework of regional sea conventions.

Amendment 410 #

Proposal for a regulation
Article 28 – paragraph 2

2. The Commission shall ~~assess the safety of oil and gas operations in the waters of the third countries adjacent to waters of Member States and support~~promote a coordinated approach to the mutual exchange of experience ~~and promotion of~~with third countries, particularly in relation to accident preventiveon measures and ~~regional~~ emergency response ~~plans~~.

Amendment 411 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 28 – paragraph 3

3. The Commission shall promote high safety and environmental standards for offshore oil and gas operations at international level at all appropriate global and regional fora~~, including those related to Arctic waters~~.

Amendment 412 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON, Peter SKINNER

Proposal for a regulation
Article 28 – paragraph 3 a (new)

3 a. The Commission, the EU Offshore Authorities Forum and competent authorities concerned shall work with other international fora and EU operators to encourage the application of the highest possible safety and environmental standards globally;

Amendment 413 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 29 – paragraph 1 – point a

(a) be initiated to ~~contain an incipient~~respond to any major accident within the installation, ~~or within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellhead~~involving an installation or the connected infrastructure;

Amendment 414 #

Proposal for a regulation
Article 29 – paragraph 1 – point a

(a) be initiated to ~~contain an incipient major accident within the install~~prevent escalation or limit consequences of an accident related to offshore oil and gas operation~~, or~~s within ~~the~~an exclusion zone established by the Member State around the perimeter of the installation, or subsea wellhead or pipeline;

Amendment 415 #

Proposal for a regulation
Article 29 – paragraph 1 – point a

(a) be initiated to ~~contain~~respond to any incipident ~~major accident within the~~involving an installation, or ~~within the exclusion zone established by the Member State around the perimeter of the installation, or subsea wellhead~~the connected infrastructure;

Amendment 416 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) be ~~operated~~ in line with the external emergency response plan where the accident has escalated ~~beyond the installatio~~and it is necessary to supplement the internal emergency response plan.

Amendment 417 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

Amendment 418 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 execution of the external emergency response plan.

Amendment 419 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 ~~major hazard~~ risk assessments in the ~~well plan or~~ Major Hazards Report ~~as appropriate. Any such~~or notifications submitted pursuant to Annex II. Significant updates shall be ~~advis~~notified to the relevant authorityies responsible for ~~preparing~~ the external emergency response plans for the area concerned.

Amendment 420 #

Proposal for a regulation
Article 29 – paragraph 3

3. The internal emergency plan shall be prepared in accordance with the provisions of Annex V, and updated in line with any change to the major hazard risk assessment in the well plan or Major Hazards Report as appropriate. ~~Any such~~Material updates shall be advised to the authority responsible for preparing the external emergency response plans for the area concerned.

Amendment 421 #

Proposal for a regulation
Article 29 – paragraph 4

~~4. Internal emergency response plan shall be integrated with other provisions relating to protection and rescue of personnel from the stricken installation so as to secure a good prospect of survival.~~deleted

Amendment 422 #

Proposal for a regulation
Article 29 – paragraph 5

5. The operator shall periodically ~~test the effectiveness of the internal emergency response pla~~, at minimum annually, test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation, containment and control, recovery, clean-up and disposal operations.

Amendment 423 #

Proposal for a regulation
Article 29 – paragraph 5

5. The operator shall periodically test the ~~effectiveness of the~~ internal emergency response plans to demonstrate the effectiveness of their response equipment and capabilities, recognising that it is appropriate to test certain critical equipment and capabilities more frequently than others.

Amendment 424 #

Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1 (new)

5a. The operator shall make the internal emergency response plans publically available, including the results of effectiveness test of response capacities.

Amendment 425 #

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5 a. The operator shall make the internal emergency response plans publically available.

Amendment 426 #

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5 a. The operator shall make the internal emergency response plans available on demand.

Amendment 427 #

Proposal for a regulation
Article 29 a (new)

Article 29 a Research reducing environmental, health and safety risks of offshore oil and gas activities Operators and licencees shall annually invest at least an amount corresponding to 5% of the investment into offshore oil and gas exploration in research and development for the reduction of environmental, health and safety risks associated with offshore oil and gas activities. The results of the research undertaken shall be made available to the public.

Amendment 428 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 429 #

Proposal for a regulation
Article 30 – paragraph 1 a (new)

1 a. The external emergency response plans shall specify the role and immediate financial contribution of licensees and/or operators in the external emergency response, and how the immediate costs of the external emergency response will be provided.

Amendment 430 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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~~current internal emergency response plans ~~of the installations stationed or planned~~for existing or planned installations or connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.

Amendment 431 #

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 installations stationed or planned in the subject area. Any update to the internal plans advised by an operator should be taken into account and operators will be fully informed about any change in the external emergency response plans which affect them.

Amendment 432 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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~~to the Offshore Authorities Forum and to the public. When making available their external emergency response plans the Member States with offshore oil and gas activities under their jurisdiction shall ensure that disclosed information does not pose risks to safety and security of offshore oil and gas installations and their operation.

Amendment 433 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

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 ~~instrument~~equipment and services in the spirit of this paragraph.

Amendment 434 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 30 – paragraph 6

6. Member States concerned shall keep updated records of emergency response ~~resour~~equipment and services available in their territory or jurisdiction by both public and private entities. Those records shall be made available ~~to the~~upon request to other Member States, to the Offshore Authorities Forum and, on a reciprocal basis, ~~with~~to neighbouring third countries, and to the Commission.

Amendment 435 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 30 – paragraph 7

7. Member States concerned and the operators shall regularly test their preparedness to respond effectively to offshore oil and gas accidents.

Amendment 436 #

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 should include the circumstances of the accident and its foreseen consequences.

Amendment 437 #

Proposal for a regulation
Article 31 – paragraph 2

2. In the event of an major accident, the ~~relevant authorities, in cooperation with operators concerned,~~operator shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences. The operator may be assisted by the relevant authorities of the Member State, who may supply additional resources.

Amendment 438 #

Proposal for a regulation
Article 31 – paragraph 3

3. In the event of a major accident overwhelming the national response capacities, an affected Member State may request additional assistance from Member States and the European Maritime Safety Agency through the EU Civil Protection Mechanism established by the Council Decision 2007/779/EC.deleted

Amendment 439 #

Proposal for a regulation
Article 31 – paragraph 4

~~4. In the course of the emergency response, the Member State shall collect the information necessary for a full analysis of the accident.~~deleted

Amendment 440 #

Proposal for a regulation
Article 31 – paragraph 4

4. In the course of the emergency response, the Member State shall ~~collec~~ensure that the information necessary for a full analysis of the accident is collected.

Amendment 441 #

Proposal for a regulation
Article 32 – paragraph 1

1. Where transboundary effects of offshore oil and gas accidents are foreseeable, the Member States ~~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~~concerned shall exchange information with potentially affected Member States or neighbouring third countries when preparing their external emergency ~~plan. The Member States in question shall coordinate their emergency~~response plans and agree arrangements to coordinate the implementation of their external emergency response plans to facilitate a joint response to an accident.

Amendment 442 #

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 443 #

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 Commission may contribute to exercises focused on the test of cross-border and Union emergency mechanisms.

Amendment 444 #

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 which may be affected by the emergency and the Commission.

Amendment 445 #

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 ~~industry~~operators and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Amendment 446 #

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 I-VI, points 3, 4 and 5.

Amendment 447 #

Proposal for a regulation
Article 34 – paragraph 2

~~2. The Commission may also adopt~~ delegated acts in accordance with Article 35 of this Regulation to precise application of the requirements of Regulation in relation to: (a) details to be submitted in a Design notification or a Major Hazard Report as specified in Annex II points 1, 2, 3, 6; (b) notification of well/combined operations as specified in Annex II, point 4 and 7; (c) requirements related to verification by independent third party verification as specified in Annex II, point 5 (d) requirements for functioning and organisation of competent authorities as specified in Annex III and; "THIS PARAGRAPH IS MISSING OR IS NOT IN THE RIGHT PLACE. " (d) requirements related to the prevention of major hazards by operators as specified in Annex IV.

Amendment 448 #

Proposal for a regulation
Article 34 – paragraph 2 – introductory part

2. The Commission may ~~also~~ adopt delegated acts in accordance with Article 35 of this Regulation and after consultation with the EU Authorities Group, the industry and workers unions to precise application of the requirements of Regulation in relation to:

Amendment 449 #

Proposal for a regulation
Article 35 – paragraph 2

2. The delegation of power referred to in Article 34 shall be conferred on the Commission for a~~n indeterminate period of time from the date of the entry of this Regulation into force~~ period of five years from [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 450 #

Proposal for a regulation
Article 35 – paragraph 2

2. The ~~delegation of power~~power to adopt delegated acts referred to in Article 34 shall be conferred on the Commission for an ~~indeterminate period of time from the d~~a period of three years from *. * Date of the entry of this Regulation into force.

Amendment 451 #

Proposal for a regulation
Article 35 – paragraph 5

5. A delegated act adopted pursuant to Article 34 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2three months at the initiative of the European Parliament or the Council.

Amendment 452 #

Proposal for a regulation
Article 37 – paragraph 1 – introductory part

1. ~~Article 2(1)(b) of that Directive shall be replaced by the following:~~Before amending Directive 2004/35/EC, the Commission shall undertake an impact assessment to ascertain how extending the geographical scope of the Directive will affect all marine industry sectors. The Commission shall ensure full consultation with the relevant sectors, including the fisheries and insurance industries.

Amendment 453 #

Proposal for a regulation
Article 37 – paragraph 1 – introductory part

1. For the purposes of offshore oil and gas operations, Article 2(1)(b) of that Directive shall be replaced by the following:

Amendment 454 #

Vicky FORD, Fiona HALL, George LYON, Struan STEVENSON

Proposal for a regulation
Article 37 a (new)

Article 37 a Amendment to Directive 2008/99/EC on the protection of the environment through criminal law Directive 2008/99/EC is hereby amended as follows: (1) In Article 3, the following point is amended: '(h) any conduct which causes the significant deterioration of a habitat within a protected site, including a major accident caused by offshore oil and gas operations;' (2) In Annex A, the following indent is added: '– Directive XX/XX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities'.

Amendment 455 #

Proposal for a regulation
Article 37 a (new)

Article 37 a Reports to the European parliament and to the Council 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. The Commission shall, by 20 December 2013, submit to the European Parliament and to the Council a report on appropriate mechanisms to ensure that EU-based companies operate globally in accordance with the requirements of this Regulation.

Amendment 456 #

Proposal for a regulation
Article 38 – paragraph 1 – introductory part

Operators of installations shall comply in full with this ~~Regulation~~Directive within ~~two~~[3] years of it coming into effect, with the following exceptions:

Amendment 457 #

Proposal for a regulation
Article 38 – paragraph 1 – introductory part

Operators of installations shall comply in full with this Regulation within twohree years of it coming into effect, with the following exceptions:

Amendment 458 #

Proposal for a regulation
Article 38 – paragraph 1 – point a

(a) Operators for non-production installations ~~that are under contract but not yet established on location~~ shall comply in full with this ~~Regulation~~Directive within 1[2] years of it coming into effect, or earlier by agreement with the competent authority.

Amendment 459 #

Proposal for a regulation
Article 38 – paragraph 1 – point b

(b) Operators of planned production installations shall comply in full with this ~~regulation~~Directive unless otherwise agreed with the competent authority, and in any case no later than within 1[2] years of it coming into effect.

Amendment 460 #

Proposal for a regulation
Article 38 – paragraph 1 – point b

(b) Operators of planned production installations shall comply in full with this regulation unless otherwise agreed with the competent authority, and in any case no later than within 1 year of it coming into effect.

Amendment 461 #

Proposal for a regulation
Article 38 – paragraph 1 – point c

(c) Well operators shall comply in full with this ~~Regulation~~Directive within 3[12] months of it coming into effect, or earlier by agreement with the competent authority.

Amendment 462 #

Proposal for a regulation
Article 38 – paragraph 1 a (new)

Until the adoption by the EU of provisions on financial security, Member States shall define which instruments (inter alia insurance, reserve funds, bank guarantees, and/or risk pooling) are appropriate to 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). Member states shall notify by one year after the entry to force of this regulation which instruments have been defined.

Amendment 463 #

Proposal for a regulation
Annex 1 – heading 1

Public participation ~~linked to authorisations under~~pursuant to Directive 2001/42/EC, Directive 85/337/EEC, Directive 92/43/EEC and Directive ~~94/22/~~79/409/EEC

Amendment 464 #

Proposal for a regulation
Annex 1 – point 1 – point a

(a) the public is informed~~, whether~~ by public notices or, via the website of the competent authorities or via other appropriate means such as electronic media where available, about submission of licensing applications to Member States, and that relevant information about such proposals is made available to the public including inter alia information about the right to participate, and to whom comments or questions may be submitted;

Amendment 465 #

Proposal for a regulation
Annex 1 – point 1 – sub-point a

a) the public is informed, whether by public notices or other appropriate means such as, but not solely, electronic media ~~where available~~, about submission of licensing applications to Member States, and that relevant information about such proposals is made available to the public including inter alia information about the right to participate, and to whom comments or questions may be submitted;

Amendment 466 #

Proposal for a regulation
Annex 1 – point 1 – point a

(a) the public is informed, whether by public notices or other appropriate means such as electronic media where available, about the submission of ~~licensing~~relevant applications to Member States, and that relevant information about such proposals is made available to the public including inter alia information about the right to participate, and to whom comments or questions may be submitted;

Amendment 467 #

Proposal for a regulation
Annex 1 – point 1 – point b

(b) the public is entitled to express comments and opinions when all options are open before decisions on ~~the licensing~~ applications are made;

Amendment 468 #

Proposal for a regulation
Annex 1 – point 1 – sub-point d

d) having examined the comments and opinions expressed by the public, the Member State ~~makes reasonable efforts to~~ informs the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.

Amendment 469 #

Proposal for a regulation
Annex 1 – point 2

2. Reasonable time-frames shall be provided allowing sufficient time for each of the different stages of public participation. ~~The~~ Member States shall identify the public entitled to participate for the purposes of paragraph 1, including any relevant non-governmental organisations meeting any requirements imposed under national law, such as those promoting environmental protection, or offshore safety.

Amendment 470 #

Proposal for a regulation
Annex 2 – heading 1

~~Requirements on documents related to consenting procedure~~Information to be submitted in a design or relocation notification for a production installation

Amendment 471 #

Proposal for a regulation
Annex 2 – heading 1 a (new)

The requirements for information set out in this Annex are minimum requirements. Competent authorities shall take into account developments in good 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. The European Offshore Authorities Group is one means by which such developments may be identified and shared.

Amendment 472 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – introductory part

Design and relocation notifications for a proposed production installation pursuant to Article 9 shall contain at least following information:

Amendment 473 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 2

(2) a description of the ~~process applied to the design activity~~design philosophy and process for the production operations, from an initial concept to the submitted design or selection of an existing installation, the relevant standards used, and the design ~~options produc~~concepts included byon thise process;

Amendment 474 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 4

(4) a demonstration that the concept reduces major hazard risks to an acceptable ~~extent~~level;

Amendment 475 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 5

(5) a description of the installation and the conditions at its intended location, taking into account the age of the installation and its intended future lifespan;

Amendment 476 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7

(7) a general description of the safety management system by which the intended major hazard risk control measures will be maintained in good effect~~, including the scheme of independent verification to be selected.~~

Amendment 477 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7

Amendment 478 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7 a (new)

(7 a) a description of the independent verification arrangements and an initial list of safety critical elements and their required performance;

Amendment 479 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7 b (new)

(7 b) where an existing production installation is to be moved to a new location to serve a different production operation, a justification demonstrating that the installation is suitable for the proposed production operation;

Amendment 480 #

Proposal for a regulation
Annex 2 – part 1 – paragraph 1 – point 7 c (new)

(7 c) where a non-production installation is to be converted for use as a production installation, a justification demonstrating that the installation is suitable for conversion to a production operation.

Amendment 481 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 3

(3) a description of the installation and ~~connected infrastructure and any other structures including wells connected to it~~any association with other installations or connected infrastructure;

Amendment 482 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 4

(4) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, including any environmental, meteorological and sea-bed limitations on safe operations and that their control measures are suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent; this demonstration shall include an assessment of any oil spill response gap;

Amendment 483 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 4

(4) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, and that their control measures arincluding associated safety critical elements are and will continue to be suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable ~~extent~~level;

Amendment 484 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 6

(6) details of ~~pla~~equipment and arrangements to ensure well control (where appropriate), process safety, containment of hazardous substances, prevention of fire and explosion, protection of the workforce from hazardous substances, and protection of the environment from an incipient major hazard event (in line with the internal emergency response plan pursuant to Annex V);

Amendment 485 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 7

(7) details of the arrangements to protect persons on the ~~platform~~installation from major hazards, and to ensure their safe evacuation and re~~covery and~~scue and arrangements for the maintenance of control systems to prevent damage to the installation and the environment in the event that all personnel are evacuated;

Amendment 486 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 8

(8) details of relevant codes, standards and guidance used in the construction and commissioning of the installation;

Amendment 487 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 9

(9) ~~informa~~a description onf the safety management system for the operations, maintenance, and modification~~, and verification schemes, including the main operational limitations of the installation to be controlled by the management system~~;

Amendment 488 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 10

(10) ~~information relating to~~details of the verification scheme pursuant to section 5(2) to this Annex;

Amendment 489 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 12

(12) ~~the~~any information relevant to the requirements under this rRegulation obtained pursuant to othe~~r applicable Union legislation notably~~ major accident prevention requirements of Directives 92/91/EC ~~and 85/337/EEC~~;

Amendment 490 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 13 a (new)

(13 a) in respect of the offshore oil and gas operations to be conducted from the installation, a supporting description of the aspects of the environment likely to be significantly affected, an assessment of the identified potential environmental effects, in particular releases of pollutants to the environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring, which may be satisfied by the description and assessment pursuant to Directive 85/337/EEC and accepted by the competent authority;

Amendment 491 #

Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 13 b (new)

(13 b) a supporting internal emergency response plan pursuant to Article 12;

Amendment 492 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 5

(5) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, including any environmental, meteorological and sea-bed limitations on safe operations and that their control measures are suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent; this demonstration shall include an assessment of any oil spill response gap;

Amendment 493 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 5

(5) demonstration that all the major hazards have been identified, their likelihood and consequences assessed, and that their control measures arend safety critical elements are, and will continue to be, suitable so as to reduce risks of a major hazard event to persons and the environment to an acceptable extent;

Amendment 494 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 6

(6) details of plant and arrangements to ensure well control, and process safety (where appropriate), containment of hazardous substances, prevention of fire and explosion, protection of the workforce from hazardous substances, and protection of the environment from an incipient major hazard event (in line with the internal emergency response plan pursuant to Annex V);

Amendment 495 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 7

(7) details of the arrangements to protect persons on the ~~platform~~installation from major hazards, and to ensure their safe evacuation and re~~covery, and~~scue, and arrangements for the maintenance of control systems to prevent damage to the installation and the environment in the event that all personnel are evacuated;

Amendment 496 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 8

(8) details of relevant codes, standards and guidance used in the construction and commissioning of the installation;

Amendment 497 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 9

(9) demonstration that all the major hazards have been identified for all ~~activitie~~operations the installation is capable of performing, and that the risks of a major hazard event to persons and the environment are reduced to an acceptable ~~extent~~level;

Amendment 498 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 10

(10) details of ~~the~~any environmental, meteorological and sea-bed limitations on safe operations, and the arrangements for identifying risks from sea-bed and marine hazards such as pipelines and the moorings of adjacent installations;

Amendment 499 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 10 a (new)

(10 a) an overview of the operator's major accident prevention policy pursuant to Article 18;

Amendment 500 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 11

(11) ~~informa~~a description onf the safety management system for the operations, maintenance, and modification of the installation;

Amendment 501 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 12

(12) ~~information relating to the~~details of the independent verification scheme pursuant to section 5(2) to this Annex;

Amendment 502 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 13

(13) any other relevant details, for example where two or more installations operate in combination in a way which affects the major hazard potential of either or all installations;

Amendment 503 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 14

(14) 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 pollut~~ny information relevant to other requirements under this Regulation obtained pursuants to the ~~environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring~~major accident prevention requirements of Directive 92/91/EC.

Amendment 504 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 14 a (new)

(14 a) in respect of the offshore oil and gas operations to be conducted from the installation, a supporting description of the aspects of the environment likely to be significantly affected, an assessment of the identified potential environmental effects, in particular releases of pollutants to the environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring, which may be satisfied by the description and assessment provided pursuant to Directive 85/337/EEC and accepted by the competent authority;

Amendment 505 #

Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 14 b (new)

(14 b) a supporting internal emergency response plan pursuant to Article 12;

Amendment 506 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – introductory part

~~Well n~~Notification of well operations pursuant to Article 13 shall contain at least the following information:

Amendment 507 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2

(2) the name of the installation to be used and the ~~owner~~name and address of the owner of the installation;

Amendment 508 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2 a (new)

(2 a) in respect of the offshore oil and gas operations to be conducted from the installation, a supporting description of the aspects of the environment likely to be significantly affected, an assessment of the identified potential environmental effects, in particular releases of pollutants to the environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring, which may be satisfied by the description and assessment provided pursuant to Directive 85/337/EEC and accepted by the competent authority;

Amendment 509 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2 b (new)

(2 b) a supporting internal emergency response plan pursuant to Article 12;

Amendment 510 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 3

(3) details that identify the well and any association with ~~other wells or developments~~installations or connected infrastructure;

Amendment 511 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 4

(4) information on the well work programme, including the period of its operation, verification of barriers against loss of well control~~, and the intended status~~ (equipment, drilling fluids, and cement etc), directional control of the well pat ~~comple~~h, and limitations o~~f th~~n safe operation in keeping with the risk assessment;

Amendment 512 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 4 a (new)

(4 a) INFORMATION TO BE SUBMITTED WHEN CARRYING OUT WELL OPERATIONS The provision of well operations information pursuant to Article 13 shall contain at least the following information: (1) the name and address of the operator; (2) the name of the installation and the name and address of the owner of the installation; (3) details that identify the well and any association with installations or connected infrastructure; (4) a summary of the operations undertaken since the commencement of operations or since the previous report; (5) the diameter and true vertical and measured depths of: (a) any hole drilled; and (b) any casing installed; (6) the drilling fluid density at the time of making the report; and (7) in the case of operations relating to an existing well, its current operational state;

Amendment 513 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 7

(7) details of well design, including barriers to loss of well control (equipment, drilling fluids, and cement etc), directional control of the well path, and limitations on safe operation in keeping with the risk assessment;deleted

Amendment 514 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 8

(8) details of the proposed well configuration at the end of operations – i.e. ~~permanently or temporarily abandoned; and where completed~~temporarily suspended or permanently abandoned; and whether production equipment has been added to the well for future use;

Amendment 515 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 9

(9) in the case of an existing well, ~~pertinent~~ information ofregarding its history, and conditional;

Amendment 516 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 11 – introductory part

(11) where a well is to be c~~arried out~~onstructed, modified or maintained by means of a non-production installation additional information as follows:

Amendment 517 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 11 – point a

(a) details of ~~the~~any environmental, meteorological, ~~marine~~ and sea-bed ~~conditions at the location, including any physical obstructions such as pipeline~~limitations on safe operations and the arrangements for identifying risks from sea-bed and marine hazards such as pipelines and the moorings of adjacent installations;

Amendment 518 #

Proposal for a regulation
Annex 2 – part 4 – paragraph 1 – point 2

(2) ~~the~~any information relevant to other requirements under this regulation obtained pursuant to othe~~r applicable Union legislation notably~~ major accident prevention requirements of Directives 92/91/EC ~~and 85/337/EEC~~.

Amendment 519 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part

1. The independent ~~third party~~verifier shall meet the following requirements with regard to its independence from the operator of the installation, or the well operator:

Amendment 520 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part

1. The independent ~~third party~~verifier shall meet the following requirements with regard to its independence from the operator of the installation, or the well operator:

Amendment 521 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part

1. The independent ~~third party~~verifier shall meet the following requirements with regard to its independence from the operator of the installation, or the well ~~operator:~~

Amendment 522 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part

1. The independent third party shall meet the following requirements with regard to its strict independence from the operator of the installation, or the well operator:

Amendment 523 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point -a (new)

(-a) it is an independent legal entity;

Amendment 524 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point -aa (new)

(-aa) it shall have no conflict of interest with the operator of the installation or the well operator;

Amendment 525 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point -ab (new)

(-ab) the independent third party, and the persons assisting it, shall have no commercial or financial interest in the operations to be undertaken by the operator;

Amendment 526 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point a

(a) ~~his~~the functions does not require ~~him to~~ consideration of any aspect of a safety critical element or specified plant ~~in which he has had prior involvement or where his~~where there could be a conflict of interests and objectivity might be compromised;

Amendment 527 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point a

(a) ~~his~~the functions does not require ~~him to~~ consideration of any aspect of a safety critical element or specified plant in which the ~~has had~~re was a prior involvement or where ~~his~~there could be a conflict of interests or where objectivity might be compromised in any way;

Amendment 528 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point b

(b) the verifier is sufficiently independent of a management system which has, or has had, any responsibility for any aspect of ~~a component in the independent scheme of verification or well examination~~the well, so as to ensure ~~he will be~~ objectiveity in carrying out ~~his~~ functions within the scheme;

Amendment 529 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point b

(b) the verifier is sufficiently independent of a management system which has, or has had, any responsibility for any aspect o~~f a~~r component inof the well examination or the independent ~~scheme of~~ verification ~~or well examination~~scheme, so as to ensure ~~he will be~~ objectiveity in carrying out ~~his~~ functions within the scheme;.

Amendment 530 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point b

(b) he is ~~sufficiently~~ independent of a management system which has, or has had, any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme;

Amendment 531 #

Proposal for a regulation
Annex 2 – part 5 – point 1 – point b

Amendment 532 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part

2. The ~~independent third party shall~~operator shall ensure that the independent verifier is able to meet the following requirements with regard to its competence:

Amendment 533 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part

2. The independent ~~third party~~verifier shall meet the following requirements with regard to its competence:

Amendment 534 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part

2. The independent ~~third party~~verifier shall meet the following requirements with regard to its competence:

Amendment 535 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – point c

Amendment 536 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – point c

Amendment 537 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – point d

(d) sufficient authority given by the operator to the independent ~~third party~~verifier to be able to perform his functions adequately;

Amendment 538 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – point e

(e) suitable arrangements for the flow of information between the operator and the independent ~~third party~~verifier;

Amendment 539 #

Proposal for a regulation
Annex 2 – part 5 – point 2 – point f

(f) sufficient authority given by the operator to the independent ~~third party~~verifier to be able to perform his functions adequately;

Amendment 540 #

Proposal for a regulation
Annex 2 – part 5 – point 3 – introductory part

3. For the purposes of Article 13 paragraph 3, a ~~significant~~material change to a well notification will include:

Amendment 541 #

Proposal for a regulation
Annex 2 – part 5 – point 3 – point a

(a) any change having potential to ~~infringe~~alter the original design intent of the well plan particularly in regard to well control and other barriers to flow and their verification;

Amendment 542 #

Proposal for a regulation
Annex 2 – part 5 – point 3 – point b

(b) any material change to the plant or equipment, or management system or change of well operator notified pursuant to Annex II part 4;

Amendment 543 #

Proposal for a regulation
Annex 2 – part 5 – point 3 – paragraph 1

~~Significant~~Material changes should be referred to the independent ~~well examiner for his~~verifier to undertake further verification, and the outcomes of further verification should be mad~~vised~~e available to the competent authority upon request.

Amendment 544 #

Proposal for a regulation
Annex 2 – part 5 – point 4

4. In the case of a well notification, a statement shall be included ~~from an~~by the operator after considering the report of the independent ~~well examin~~verifier that the risk assessment relating to well design and its barriers to loss of control are suitable for all anticipated conditions and circumstances.

Amendment 545 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point a

(a) a statement ~~from~~by the operator after considering the report of the independent ~~third party~~ verifier that the record of safety critical elements and their scheme of maintenance ~~of them~~ as specified in the major hazards report are or will be suitable;

Amendment 546 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point a

(a) a statement ~~from~~by the operator after considering the report of the independent third party verifier that the record of safety critical elements and their scheme of maintenance of them as specified in the major hazards report are or will be suitable;

Amendment 547 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point a

a) a statement from the independent ~~third party~~ verifier that the record of safety critical elements and the scheme of maintenance of them as specified in the major hazards report are or will be suitable;

Amendment 548 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point b

(b) a description of the verification scheme including the selection of independent ~~third party~~ verifiers, the means of verification that safety critical elements and any specified plant in the scheme remain in good repair and condition;

Amendment 549 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point b

Amendment 550 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point b

b) a description of the verification scheme including the selection of independent ~~third party~~ verifiers, the means of verification that safety critical elements and any specified plant in the scheme remain in good repair and condition;

Amendment 551 #

Proposal for a regulation
Annex 2 – part 5 – point 5 – point c

(c) ~~the means~~a description of the means of verification referred to in subparagraph 5(b) that shall include details of the principles that will be applied to perform the functions under the scheme, and to keep the scheme under review throughout the life cycle of the installation; the examination and testing as necessary of the safety critical elements by an independent and competent pver~~sons,~~ifier; the verification of the design, standard, certification or other system of conform~~ance~~ity of the safety critical elements,; the examination of the work in progress,; and the reporting of any non- compliances, and any remedial actions taken by the operator;

Amendment 552 #

Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – introductory part

Where ma~~jor change~~terial modifications are to be made on the installation, the information provided to the competent authority pursuant to Articles 10 and 11 shall contain at least the following ~~information~~:

Amendment 553 #

Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – point 3

3. ~~in the case of a major modification,~~ sufficient details to fully update the earlier Major Hazard Report and the associated internal emergency response plan for the installation and to demonstrate that major hazard risks are reduced to an acceptable ~~extent~~level;

Amendment 554 #

Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – point 4 – point b

(b) a description of major hazard risks associated with the d~~ismantlement~~ecommissioning of the installation, the total exposed population, and the risk control measures;

Amendment 555 #

Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – point 4 – point c

(c) emergency response arrangements to secure safe evacuation and re~~covery~~scue of personnel and ~~to prevent a major accident to the environment~~for the maintenance of control systems to prevent damage to the environment in the event all personnel are evacuated.

Amendment 556 #

Proposal for a regulation
Annex 2 – part 6 – paragraph 1 – point 4 – point c a (new)

(c a) a supporting document containing 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 pollutants to the environment, and a description of the technical and non-technical measures envisaged to prevent, reduce or offset them, including monitoring.

Amendment 557 #

Proposal for a regulation
Annex 2 – part 7 – paragraph 1 – point 3

(3) a description, in the form of a bridging document authorised by all parties to the document, of how the management systems for the installations involved in the combined operation will be coordinated so as to reduce the risk~~s from~~ of a major accident to an acceptable level;

Amendment 558 #

Proposal for a regulation
Annex 2 – part 7 – paragraph 1 – point 6

(6) a description of the combined operation and a programme of work, which shall include the dates on which the combined operation is expected to commence ~~and finish and a copy of an agreement between the operators involved in the combined operations~~;

Amendment 559 #

Proposal for a regulation
Annex 3 – heading 1

Provisions by competent authorities for regulation of major hazards ~~operations~~

Amendment 560 #

Proposal for a regulation
Annex 3 – point 1 – introductory part

1. For the purposes of appointing a competent authority responsible for the ~~regulatory functions in thi~~duties regulat~~ion relating to safety and environmental protec~~ed to the scope of this Regulation , Member States shall address the following ~~minimum criteria~~:

Amendment 561 #

Proposal for a regulation
Annex 3 – point 1 – point a

(a) organisational arrangements which allow all duties in this rRegulation to be effectively discharged, including arrangements for regulating safety and environmental protection in an equitable manner;

Amendment 562 #

Proposal for a regulation
Annex 3 – point 1 – point b

(b) A policy statement ~~address~~describing the aims of ~~oversight and enforcement, and how~~ the competent authority and how it will achieve transparency, consistency, proportionality and objectivity in its regulation of offshore oil and gas activities. The competent authority should also make clear to the public the division of responsibilities of the regulator from the operator, the latter having primary responsibility for controlling risks, the former responsible for verifying that the operator has adequate measures in place that are likely to be effective in controlling major hazard risks;

Amendment 563 #

Proposal for a regulation
Annex 3 – point 1 – point d

(d) operating procedures that describe how the competent authority will ~~inspect and enforce against the duties of operators under this regul~~assess major hazard reports, well notifications and combined operation notifications, in~~cluding how it will handle, assess and accept major hazard reports, handle well notification~~spect and enforce the execution of the duties of operators and how the intervals between the inspections of ~~major hazard risk control measures (including to the environment) for a given installation or activity~~installations or offshore oil and gas operations are to be determined;

Amendment 564 #

Proposal for a regulation
Annex 3 – point 1 – point e

(e) procedures for discharging the functions of the competent authority under this rRegulation without prejudice to other responsibilities, for example onshore oil and gas operations, and arrangements pursuant to Directive 92/91/EC;

Amendment 565 #

Proposal for a regulation
Annex 3 – point 1 – point f

(f) where ~~the~~a competent authority comprises two or more agencies, a formal agreement establishing the necessary mechanisms for joint operation of the competent authority, including senior management oversight and monitoring and reviews~~, joint planning and inspection, division of responsibilities for handling major hazards reports, joint~~; the division of responsibilities; joint planning, inspections and investigation~~, internal~~s; communications,; and the publishing of external report~~ing~~s.

Amendment 566 #

Proposal for a regulation
Annex 3 – point 2 – point a

(a) provision of sufficient specialist expertise ~~available internally or by an external arrangement to inspect and investigate activities, take enforcement action, and to handle m~~within the competent authority or by formal agreements with one or more third parties, in order to assess Major hHazard rReports and notifications; to undertake inspections and investigations; and to take enforcement action;

Amendment 567 #

Proposal for a regulation
Annex 3 – point 2 – point b

(b) where there is reliance on external sources of expertise, the provision of sufficient written guidance and oversight to maintain consistency of approach and to ensure the legally appointed competent authority retains full responsibility under this rRegulation;

Amendment 568 #

Proposal for a regulation
Annex 3 – point 2 – point c

(c) provision of adequate resources for essential training, communication, access to technology, and the travel and subsistence of competent authority staff infor the execution of their regulatory functions, and ~~so as to permit~~to facilitate the active cooperation between competent authorities pursuant to Article 27;

Amendment 569 #

Proposal for a regulation
Annex 3 – point 2 – point d

(d) where appropriate, to requireing operators ~~and/or installation owners to indemnify~~to reimburse the competent authority for the cost of its functions carried out pursuant to this rRegulation;

Amendment 570 #

Proposal for a regulation
Annex 3 – point 2 – point e

(e) to undertakeing or ~~instigate~~encouraging research pursuant to the competent authority's functions under this rRegulation;

Amendment 571 #

Proposal for a regulation
Annex 3 – point 2 – point f

(f) provision for ~~the~~a competent authority to make reports.

Amendment 572 #

Proposal for a regulation
Annex 3 – point 3 – introductory part

3. Procedures for the assessment of the Major Hazards Reports and notifications~~, internal emergency plans and other relevant documents shall include~~ shall be prepared by competent authorities and made available to operators. Information on assessment principles shall also be prepared which are accessible to the public:

Amendment 573 #

Proposal for a regulation
Annex 3 – point 3 – point a

~~(a) a quantitative risk assessment analysis;~~deleted

Amendment 574 #

Proposal for a regulation
Annex 3 – point 3 – point b

~~(b) an assessment of operator's judgement on the relevant details of the location of operations;~~deleted

Amendment 575 #

Proposal for a regulation
Annex 3 – point 3 – point c

~~(c) an assessment of the technical and organisational standards us~~deleted;

Amendment 576 #

Proposal for a regulation
Annex 3 – point 3 – point d

~~(d) an assessment of engineering solutions;~~deleted

Amendment 577 #

Proposal for a regulation
Annex 3 – point 3 – point e

~~(e) an assessment of operator's arrangements for management of changes to operational plans;~~deleted

Amendment 578 #

Proposal for a regulation
Annex 3 – point 3 – point f

~~(f) a comparison of the solutions used with the solutions used in other comparable situations;~~deleted

Amendment 579 #

Proposal for a regulation
Annex 3 – point 3 – point g

~~(g) an assessment of the consistency of the emergency plans with the risks identifi~~deleted;

Amendment 580 #

Proposal for a regulation
Annex 3 – point 3 – point h

~~(h) an assessment of the operator's arrangements for halting the operations in cased of imminent risk;~~deleted

Amendment 581 #

Proposal for a regulation
Annex 3 – point 3 – point i

~~(i) an assessment of the availability of emergency response equipment and adequacy of procedures to effectively put it in use;~~deleted

Amendment 582 #

Proposal for a regulation
Annex 3 – point 3 – point i

(i) an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use; , including oil spill response gap analysis where relevant; Or. en (Links to Rapporteur's AM 22)

Amendment 583 #

Proposal for a regulation
Annex 3 – point 3 – point i

(i) an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use;

Amendment 584 #

Proposal for a regulation
Annex 3 – point 3 – point i a (new)

(i a) an assessment of the effectiveness of the operator's emergency response capacities, including worst case discharge deployment and recovery performances.

Amendment 585 #

Proposal for a regulation
Annex 3 – point 3 – point i a (new)

(i a) an assessment of the effectiveness of operator's emergency response capacities, including worst case discharge deployment and recovery performances.

Amendment 586 #

Proposal for a regulation
Annex 3 – point 3 a (new)

3 a. The detailed procedures for assessment of Major Hazard Reports shall require all factual information and other particulars as described in Annex II to this Regulation and other particulars as subsequently agreed pursuant to this Regulation, to be provided by the submitter. As a minimum, competent authorities shall address the principal matters to demonstrate: (a) all hazards with the potential to cause a major accident, including to the environment have been identified, their risks evaluated and measures identified to control the risks; (b) the safety management system is adequate to ensure compliance with legal requirements for the control of major hazards, and with any other regulations of the Member States relating to safety and environmental protection; (c) adequate arrangements have been made for independent verification, and for audit by the operator;

Amendment 587 #

Proposal for a regulation
Annex 3 – point 3 b (new)

before production commences from a production installation; (iv) combined operations undertaken with other installations; (v) decommissioning of the installation. (d) risk reduction measures identified as part of the risk assessment are intended to be implemented if necessary to reduce risks to an acceptable level; (e) in determining the necessary measures to achieve acceptable levels of risk, the operator has clearly demonstrated how relevant good practice and judgement based on sound engineering, best management practice, and human and organisational factors principles have been taken into account; (f) the measures and arrangements for the detection of, and the rapid and effective response to, an emergency are clearly identified and justified; (g) evacuation and rescue arrangements and measures to limit escalation of the incident and reduce its impact on the environment are integrated in a logical and systematic manner, taking account of the likely emergency conditions in which they will be operated; (h) the requirements of Annex V Part 1 are incorporated in the internal emergency response plan and that plan is submitted to support the Major Hazard Report; (i) the safety management system described in the major hazards report is adequate to ensure control of the major hazard risks at all relevant stages in the life cycle of the installation and for all foreseeable situations, to ensure compliance with all relevant legal provisions, and to provide for the auditing of the system and the implementation of the audit recommendations3 b. In undertaking a thorough assessment of major hazard reports competent authorities shall ensure that: (a) all factual information required is provided; (b) the operator has identified all reasonably foreseeable major accident hazards that apply to the installation and its functions, together with potential initiating events, and that the methodology and evaluation criteria adopted for major accident risk assessment are clearly explained, including factors for uncertainty in the analysis; (c) the risk assessments have taken into consideration all relevant stages in the lifecycle of the installation and have anticipated all foreseeable situations including: (i) how the design decisions described in the design notification have taken account of risk assessment so as to ensure inherent safety principles are applied; (ii) any well operations to be conducted from the installation when operating; (iii) any well operations that are to be undertaken and temporarily suspended (j) the scheme for independent verification is clearly explained;

Amendment 588 #

Proposal for a regulation
Annex 3 – point 4

4. Competent authorities should be clearly independent of any government organisation for industry sponsorship, or for licensing or revenue collection. The competent authority should not adopt any political stance regarding the oil and gas sector.deleted

Amendment 589 #

Proposal for a regulation
Annex 3 – point 4 a (new)

4 a. Competent authorities shall ensure that neither accident prevention nor remediation is limited by extreme operating conditions. Due account shall be taken of the effectiveness of accident prevention and emergency response capacities when granting authorizations. Competent authorities shall ensure the highest level of performance in accident prevention and remediation at least equal to best practice performance under normal operating conditions, which among others includes sufficiency of resources, levels of safety for mobilization, deployment times and oil and gas clean-up and recovery rates.

Amendment 590 #

Proposal for a regulation
Annex 4 – heading 1 a (new)

The provisions set out in this Annex are minimum provisions. Competent authorities shall take into account developments in good 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. The European Offshore Authorities Group is one means by which such developments may be identified and shared.

Amendment 591 #

Proposal for a regulation
Annex 4 – point 1 – point b

(b) the safety management system should be integrated within the overall management system ofor the operator and shall include organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major hazards policy.

Amendment 592 #

Proposal for a regulation
Annex 4 – point 2 – point c

(c) integration of environmental ~~impact into major hazard~~considerations into major accident risk assessments in the major hazards report;

Amendment 593 #

Proposal for a regulation
Annex 4 – point 3

3. Operators shall pay particular attention to evaluation of the reliability and integrity requirements of all safety critical systems and base their inspection and maintenance systems on achieving thise required level of safety integrity.

Amendment 594 #

Proposal for a regulation
Annex 4 – point 6 – point e

(e) formal command and control systems that include involving senior management and workforce~~, and~~;

Amendment 595 #

Proposal for a regulation
Annex 4 – point 6 – point f

(f) competency at all levels of the operation., and;

Amendment 596 #

Proposal for a regulation
Annex 4 – point 6 – point f a (new)

(f a) visible commitment to tripartite consultations and actions arising therefrom.

Amendment 597 #

Proposal for a regulation
Annex 4 – point 6 – point f a (new)

(f a) open reporting culture for incidents;

Amendment 598 #

Proposal for a regulation
Annex 4 – point 6 – point f a (new)

(f a) Cooperation with elected safety representatives;

Amendment 599 #

Proposal for a regulation
Annex 4 – point 6 – point f b (new)

(f b) Independence and protection for whistleblowers;

Amendment 600 #

Proposal for a regulation
Annex 4 – point 7 – introductory part

7. Industry shall cooperate with ~~the~~ competent authorityies to establish and implement a priority plan for the development of standards, guidance and rules which will give effect to best practice in major ~~hazards~~accident prevention and limitation of consequences of major ~~hazard~~accidents should they nonetheless occur. The matters to be considered should include:

Amendment 601 #

Proposal for a regulation
Annex 4 – point 7 – point b

(b) improving primary containment ~~in process safety systems~~;

Amendment 602 #

Proposal for a regulation
Annex 4 – point 7 – point d

(d) reliable decision making ~~in high pressure environments~~;

Amendment 603 #

Proposal for a regulation
Annex 4 – point 7 – point g

(g) effective risk assessment ~~for evaluating changing conditions~~;

Amendment 604 #

Proposal for a regulation
Annex 4 – point 7 – point j

(j) effectively integrating safety management systems between operators~~, well operators, rig owners~~ and other entities involved in ~~combined~~offshore oil and gas operations.

Amendment 605 #

Proposal for a regulation
Annex 4 – point 7 – point j a (new)

(j a) Commitment to tripartite consultations and actions arising therefrom.

Amendment 606 #

Proposal for a regulation
Annex 5 – heading 1

Requirements related to emergency preparedness and response – Internal emergency response plans

Amendment 607 #

Proposal for a regulation
Annex 5 – heading 1 a (new)

The requirements set out in this Annex are minimum requirements. Competent authorities shall take into account developments in good 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. The European Offshore Authorities Group is one means by which such developments may be identified and shared.

Amendment 608 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point a

(a) names orand positions of persons authorized to initiate emergency procedures and the person directing the internal emergency response;

Amendment 609 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point b

(b) name or position of the persons with responsibility for liaising with the authority or authorities responsible for the external emergency response plan;

Amendment 610 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point c

(c) ~~for~~ all foreseeable conditions or events which could cause a major accident, as described in the major hazards report to which the plan is attached;

Amendment 611 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point d

(d) a description of the actions ~~which should~~that will be taken to control ~~the~~relevant conditions or events and to limit their consequences ~~to within the installation and its exclusion zone~~;

Amendment 612 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point e

(e) a description of the equipment and the resources available, including for capping any potential spill;

Amendment 613 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point e

(e) a description of the response equipment and ~~the~~ resources available;

Amendment 614 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point e a (new)

(e a) Evidence of prior assessments of any chemicals used as dispersants that have been carried out to minimize public health implications and further environmental damage;

Amendment 615 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point f

(f) arrangements for limiting the risks to the environment and the persons on the installation, including how warnings are to be given and the actions persons are expected to take on receipt of a warning;

Amendment 616 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point g

(g) arrangements that coordinate with the ~~recovery~~evacuation and rescue 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 during a major accident;

Amendment 617 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point g

(g) arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in Annex II, part (2) (7), and part (3) (7) to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident;

Amendment 618 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point g

Amendment 619 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point h

(h) arrangements for providing early warning of the accident to the authority or authorities responsible for initiating the external emergency response plan, the type of information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available;

Amendment 620 #

Proposal for a regulation
Annex 5 – part 1 – point 1 – point i a (new)

(i a) an estimate of an oil spill response gap, expressed as a percentage of time, and a description of the operating limitations at the installations concerned. This gap-analysis involves a calculation of the maximum response operating limits of spill response systems for a set of environmental and safety factors; and an analysis of the frequency, duration, and timing of conditions that would preclude a response in a particular location. Environmental conditions to be considered in this response calculation shall include: (i) weather, including wind, visibility, precipitation and temperature; (ii) sea states, tides, and currents; (iii) ice and debris presence; (iv) hours of daylight; and (v) other known environmental conditions that might influence the efficiency of the response equipment or the overall effectiveness of a response effort;

Amendment 621 #

Proposal for a regulation
Annex 5 – part 1 – point 1 a (new)

1 a. Competent authorities may accept a plan prepared by an operator that the Member State has approved as complying with the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 as part of the Internal Emergency Response Plan

Amendment 622 #

Proposal for a regulation
Annex 5 – part 1 – point 2

2. Operators should prepare an inventory of available equipment, its ownership, location, transport to and mode of deployment at the installation and any entities relevant to the implementation of the internal emergency response plan. The inventory should identify measures in place to ensure equipment and procedures are maintained in operable condition.

Amendment 623 #

Proposal for a regulation
Annex 5 – part 1 – point 2 a (new)

2 a. Operators shall regularly test their emergency plans to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation, containment and control, recovery, clean-up and disposal operations. Operators shall continuously invest in research on emergency techniques and practices to improve performance and ensure state-of-the-art technology is used.

Amendment 624 #

Proposal for a regulation
Annex 5 – part 2 – point 1 – introductory part

1. External emergency response plans shall include but not be limited to:

Amendment 625 #

Proposal for a regulation
Annex 5 – part 2 – point 1 – point b

(b) arrangements for receiving early warning of accidents, and the associated ~~alert and callout~~response procedures;

Amendment 626 #

Proposal for a regulation
Annex 5 – part 2 – point 1 – point c

Amendment 627 #

Proposal for a regulation
Annex 5 – part 2 – point 1 – point d

(d) arrangements for providing assistance to the internal emergency plan ~~which deals with events on the installation and in the exclusion zone around it~~;

Amendment 628 #

Proposal for a regulation
Annex 5 – part 2 – point 1 – point e

(e) a detailed description of the ~~offsite~~external emergency response arrangements;

Amendment 629 #

Proposal for a regulation
Annex 5 – part 2 – point 2 – introductory part

2. The authority ~~primarily~~or authorities responsible for coordinating emergency response should make the following provisions available:

Amendment 630 #

Proposal for a regulation
Annex 5 – part 2 – point 2 – point a

(a) an inventory of available equipment, its ownership, location, and means of transport to and mode of deployment at the ~~installation~~site of the accident;

Amendment 631 #

Proposal for a regulation
Annex 5 – part 2 – point 2 – point d a (new)

(d a) evidence of prior environment and health assessments of any chemicals foreseen for use as dispersants;

Amendment 632 #

Proposal for a regulation
Annex 5 – part 2 – point 2 – point e

(e) measures to ensure that equipment, staff and procedures are ~~ready to operate and up to dat~~available and up to date and sufficient members of trained staff are available at all times.

Amendment 633 #

Proposal for a regulation
Annex 5 – part 2 – point 4 – point a

(a) sharing external emergency response plans with adjacent Member States and the Commission;

Amendment 634 #

Proposal for a regulation
Annex 5 – part 2 – point 4 – point b

(b) compiling at cross-border level the inventories of response assets, both industry and nationally owned and all necessary adaptations to make equipment and procedures compatible between adjacent countries and Member States;

Amendment 635 #

Proposal for a regulation
Annex 5 – part 2 – point 4 – point d

(d) arranging cross boundary exercises of external emergency response ~~exercises~~plans'.

Amendment 636 #

Proposal for a regulation
Annex 6 – point 2 – introductory part

2. The ~~defining~~ reporting requirements referred to in paragraph 1 shall co~~ntain~~ver as a minimum ~~the following information and data~~:

Amendment 637 #

Proposal for a regulation
Annex 6 – point 2 – point b

(b) information related to loss of well control requiring actuation of well control equipment, orincluding details of any failure of a well barrier requiring its replacement or repair;

Amendment 638 #

Proposal for a regulation
Annex 6 – point 2 – point d

(d) significant loss of structural integrity, or loss of protection against the effects of fire or explosion, or loss of station keeping in ~~a floating installation~~relation to a mobile installation constituting a risk to safety or the environment;

Amendment 639 #

Proposal for a regulation
Annex 6 – point 2 – point j

(j) a major accident toresulting in significant adverse effects in the environment.

Amendment 640 #

Proposal for a regulation
Annex 6 – point 3

3. The information referred to in paragraph 2 shall consist of both factual information and analytical data regarding oil and gas operations, and shall be unambiguous. The information should also detail the overall effectiveness of the measures and controls implemented by the operator and, where appropriate, industry as a whole, in particular with a view to preventing major accidents and minimising risk. The information and data provided shall be such that the exper~~forma~~iences of individual operators can be compared, not only within the Member State but also among the industry as a whole between Member States.

Amendment 641 #

Proposal for a regulation
Annex 6 – point 4

4. The aim of collecting and assembling the information referred to in paragraph 2 is to provide ~~advanced warning for (fur~~warning of incidents potentially related to ther) deterioration of safety and environmentally critical barriers, in order to take proactive corrective measures. The information should also establish the overall effectiveness of measures and controls implemented by individual operators and industry as a whole, in particular to prevent major accident hazards and to minimize risks for the environmentdetermine whether it is appropriate to take proactive corrective measures.

Amendment 642 #

Proposal for a regulation
Annex 6 – point 5

5. In order to meet the requirements of Article 23, a simplified format shall be developed to facilitate publication of relevant data pursuant to paragraph 2 and preparation of Reports pursuant to Article 24 in a way that is easily accessible to public and facilitates cross border comparison of data.deleted

source: PE-494.690

2012/07/19 JURI 23 amendments...

Amendment 17 #

Proposal for a regulation
Title 1

Proposal for a ~~REGULATION~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on safety of offshore oil and gas prospection, exploration and production activities(Text with EEA relevance) (This amendment applies throughout the text.)

Amendment 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. UIt should be ensured that under existing liability regimes, the responsible party ~~may not~~should always be clearly identifiable ~~and/or may not be able, or liable,~~before operations start and should be able to pay all the costs to remedy the damage it has caused, eventually through mutual compensation schemes.

Amendment 21 #

Proposal for a regulation
Recital 8

(8) The ~~existing fragmented~~different Member State regulatory frameworks applying to safety of offshore activities in Europe and current industry safety practices do not provide an adequate assurance that risks from offshore accidents are minimised throughout the Union, and that in the event of accident occurring in Union waters, the most effective response would be timely deployed. Under certain existing liability regimes, the responsible party may not always be clearly identifiable and/or may not be able, or liable, to pay all the costs to remedy the damage it has caused.

Amendment 22 #

Proposal for a regulation
Recital 10

(10) There is a need to clarify that holders of authorisations for offshore activities pursuant to Directive 94/22/EC are also potential liable ‘operators’ within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, and may not be entitled to delegate their responsibilities in this regard to third parties contracted by themand establish without ambiguity who the liable parties should be prior to the commencement of offshore activities.

Amendment 23 #

Proposal for a regulation
Recital 10

(10) There is a need to clarify that the holders of an authorisations for offshore activities pursuant to Directive 94/22/EC ~~are~~is also ~~potential~~the liable ‘operators’ within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, and ~~may~~is not be entitled to delegate ~~their~~his responsibilities in this regard to third parties contracted by ~~them~~him. With regard to other liabilities, it should be established without ambiguity who the liable parties should be prior to the commencement of offshore activities.

Amendment 24 #

Proposal for a regulation
Recital 43

Amendment 25 #

Proposal for a regulation
Recital 48

(48) AOperators should ensure they have sufficient physical, personnel and financial resources to minimise and rectify the impact of a major accident. However, as no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations, requirements on financial capacity including availability of appropriated financial security instruments or other arrangements and report on the findings and proposals within 1 year after adoption. In order to provide a safety net, mutual oil pollution insurance schemes should be established in each individual Union sea area, with mandatory membership for operators conducting operations in Union waters. Operators in third countries that share sea borders with the Union should also be encouraged to join the schemes.

Amendment 26 #

Proposal for a regulation
Recital 48

Amendment 27 #

Proposal for a regulation
Article 4 – paragraph 2

2. In particular, ~~when assessing~~competent authorities shall assess whether the technical and financial capacity of the entities that apply for authorisation for planned offshore oil and gas ~~activities, due account shall be taken of~~operations pursuant to Directive 94/22/EC are proportionate to the risk,s, the hazards and any other relevant information related to the ~~area concerned~~licensed area and the particular stage of exploration and production operations ~~and also~~. Due account shall be taken of the applicants‘' financial capacities, including any financial security and capacity to cover liabilities potentially deriving from the offshore oil and gas activities in question, in particular liability for environmental damages. Member States may also take into account the history of the applicant with regards to major incidents where the applicant was proven to be liable and negligent.

Amendment 28 #

Proposal for a regulation
Article 4 – paragraph 4

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 ~~activitie~~operations carried out by the licensee or ~~any entity~~operator participating in the offshore oil and gas operations on the basis of a contract with the licensee. ~~The consenting procedure for operations pursuant to this Regulation shall not prejudice the liability of the licensee.~~

Amendment 32 #

Francesco Enrico SPERONI, Oreste ROSSI

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, - and is deemed to be the operator as defined in that Directive - caused by offshore oil and gas ~~activitie~~operations carried out by the licensee or any ~~entity~~operator participating in the offshore oil and gas operations on the basis of a contract with the licensee. The consenting procedure for operations pursuant to this Regulation shall not prejudice the liability of the licensee.

Amendment 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 #

Francesco Enrico SPERONI, Oreste ROSSI

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

Amendment 39 #

Proposal for a regulation
Article 37

~~1. Article 2(1)(b) of that Directive shall be replaced by the following: '(b) water damage, which is any damage that significantly adversely affects (i) the ecological, chemica~~Before amending Directive 2004/35/EC, the Commission shall aund/or quantitative status and/or ecological potential, as defined in Directive 2000/60/EC, of the waters concerned, with the exception of adverse effects where Article 4(7) of that Directive applies, or (ii) the environmental status of the marine waters concerned, as defined in 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;' 2. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the above paragraph within one year of the entry into force of this Regulation. They shall forthwith inform the Commission thereofertake an impact assessment to ascertain how extending the geographical scope of the Directive will affect all marine industry sectors. The Commission shall ensure full consultation with the relevant sectors, including the fisheries and insurance industries.

source: PE-494.568

2012/08/14 ENVI 177 amendments...

Amendment 64 #

Proposal for a regulation
Title

Proposal for a ~~Regulation~~Directive of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities (Text with EEA relevance)

Amendment 65 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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)

(7a) The production and use of offshore hydrocarbons contributes to global warming and will make it more difficult for the Union to achieve its climate change objectives and maintain climate change to 2°C compared to pre-industrial levels. The Union has committed to reducing its greenhouse gas emissions by 80-95% by 2050 compared to 1990 levels in line with the reductions considered necessary for developed countries as a group, according to the Intergovernmental Panel on Climate Change (IPCC). The Commission Roadmap for moving to a competitive low carbon economy in 2050, endorsed by the European Parliament, also recognises the necessity to decarbonise the power sector through the development of clean and renewable energies.

Amendment 68 #

Claudiu Ciprian TĂNĂSESCU

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 ~~potential~~ liable 'operators' within the meaning of Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, and may not be entitled to delegate their responsibilities in this regard to third parties contracted by them.

Amendment 70 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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) ~~In accordance with Directive 85/337/EEC, as amended, which~~Within the framework of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment1 Member States have to determine detailed arrangements for effective public participation with regard to plans and programmes which are prepared for energy. In addition, in accordance with Directive 2011/92/EU, which amongst others 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 Directive ~~85/337/EEC~~2011/92/EU, 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. ____________ 1 OJ L 197, 21.7.2001, p.30

Amendment 72 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~in relation to any~~. As long as an effective response to any accident in the Arctic conditions cannot be guaranteed, Member States should refrain from authorising offshore activities, including exploration, in the area.

Amendment 74 #

Proposal for a regulation
Recital 40

Amendment 75 #

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 in relation to any offshore activities, including exploration. Member States belonging to the Arctic Council are expected to actively promote, in close cooperation with the Commission and the EU Authorities Group, the highest standards with regard to environmental safety in this vulnerable and unique ecosystem and the creation of an international - preferably binding - instrument on Arctic marine oil pollution preparedness and response.

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Claudiu Ciprian TĂNĂSESCU

Proposal for a regulation
Recital 47

Amendment 79 #

Proposal for a regulation
Recital 48

Amendment 80 #

Proposal for a regulation
Recital 48

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 #

Juan Fernando LÓPEZ AGUILAR, Andrés PERELLÓ RODRÍGUEZ

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~~dequately~~ robust liability regime for damages related to offshore oil and gas operations, and requirements on financial capacity including improving the availability of ~~appropriated~~ financial security instruments ~~or other arrangement~~and arrangements. The Commission should, by 20 December 2013, report to the European Parliament and to the Council on its findings and any proposals.

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 20031/42/EC.

Amendment 85 #

Proposal for a regulation
Article 2 – point 1

1. ‘~~acceptable’ shall mean: rendering~~tolerable’ means where a risk of a major accident ~~tolerable~~is reduced to the furthest extent beyond which ~~no significant reduction of the risk is derived from the input of further time, resources or cost~~the input of time, resources or cost required to further minimise the risk would be grossly disproportionate to the risk;

Amendment 86 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 2 – point 1

1. ‘~~accept~~tolerable’ shall mean: ~~rendering a~~operating conditions where response measures are available and not prohibitively expensive, while the risk of a major accident ~~tolerable~~has been reduced to the furthest extent possible beyond which no significant reduction of the risk is derived from the input of further time, resources or cost; ~~(If adopted, the reference to "acceptable" in Article 3 paragraph 4 is also changed to~~Or. en "tolerable".)

Amendment 87 #

Proposal for a regulation
Article 2 – point 18

18. ‘major accident’ ~~shall~~ means: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to the environment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and any other event involving death or major injury to five or more persons on or working in connection with the installation(a) explosion, loss of well control, release of hydrocarbons or dangerous substances involving fatalities or serious personal injury; (b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; (c) any other event leading to serious injury to five or more persons on the offshore installation from which the source of danger occurs or engaged in an activity in connection with it; (d) any significant or serious damage to the environment relating to the above;

Amendment 88 #

Proposal for a regulation
Article 2 – point 18

18. ‘major accident’ ~~shall~~ means: an occurrence such as fire or explosion, significant loss of well control or significant escape of hydrocarbons to the environment, significant damage to the installation or equipment thereon, loss of structural integrity of the installation, and(a) explosion, loss of well control, release of hydrocarbons or dangerous substance involving fatalities or serious personal injury; (b) an incident leading to serious damage to the installation or equipment thereon, with an imminent risk of fatalities or serious personal injury; (c) any other event ~~involving~~leading to death or ~~major~~serious injury to five or more persons on ~~or working in connection with the installation~~the offshore installation from which the source of danger occurs or engaged in an activity in connection with it; (d) any major environmental incident;

Amendment 89 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Pavel POC, Kriton ARSENIS

Proposal for a regulation
Article 2 – point 22

22. ‘'operator’' shall mean: ~~the operator of a production installation or the owner of a non-production installation and the well~~any natural or legal person who operates an installation or to whom the economic or decision- making power opver~~ator of a well operation. Operator and licensee both come under the definition of Article 2(6) of Directive 2004/35/EC~~ the functioning of the installation has been delegated;

Amendment 91 #

Proposal for a regulation
Article 2 – point 25

25. ‘'production of oil and gas’' shall mean: extraction, for commercial purposes, of oil ~~and gas~~, gas, shale gas and methane hydrate from the underground strata of the licensed area including offshore processing ~~of oil and gas and its~~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 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 #

Justas Vincas PALECKIS

Proposal for a regulation
Article 2 – point 33

33. ‘well operator’ shall mean: the person appointed ~~by the licensee~~ to plan and execute a well operation.

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 #

Kriton ARSENIS

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

Amendment 98 #

Proposal for a regulation
Article 3 – paragraph 4

4. Operators shall ensure that offshore oil and gas activities covered by this Regulation ~~shall b~~are performed on the basis of a systematic risk assessment of the likelihood of hazardous events and their consequences, and the implementation of control measures so that the residual risks of major accidents to people, the environment, and offshore assets are ~~accept~~tolerable.

Amendment 99 #

Claudiu Ciprian TĂNĂSESCU

Proposal for a regulation
Article 3 – paragraph 4

Amendment 100 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~the~~all risks, hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations, the capacity of operators to apply best practices in the field and also of the applicants' financial capacities, including any financial security and capacity to cover liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damages.

Amendment 103 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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. Worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved, including the transparency and effectiveness of any response measures shall also be taken into account.

Amendment 104 #

Kriton ARSENIS, Pavel POC, Justas Vincas PALECKIS

Proposal for a regulation
Article 4 – paragraph 2

Amendment 105 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Kriton ARSENIS, Pavel POC, Justas Vincas PALECKIS

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 #

Juan Fernando LÓPEZ AGUILAR, Andrés PERELLÓ RODRÍGUEZ

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 based on the environmental impact assessment carried out pursuant to Directive 85/337/EEC as amended and shall ensure that financial securities are proportionate to those conditions. In the case of a conflict, the opinion of the licensing authority under Directive 94/22/EC shall not take precedence over those of the competent authorities for health, safety and the environment.

Amendment 109 #

Juan Fernando LÓPEZ AGUILAR, Andrés PERELLÓ RODRÍGUEZ

Proposal for a regulation
Article 4 – paragraph 4

Amendment 110 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 111 #

Proposal for a regulation
Article 4 – paragraph 4

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Pavel POC, Kriton ARSENIS

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 ~~procedur~~and authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of Annex I to this Regulation. The procedures shall be those laid down in Annex II of Directive 2003/35/EC.

Amendment 119 #

Proposal for a regulation
Article 5 – paragraph 3

Amendment 120 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Oreste ROSSI, Francesco Enrico SPERONI

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 #

Oreste ROSSI, Francesco Enrico SPERONI

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)

Article 8a The European Maritime Safety Agency (EMSA) EMSA shall have the following responsibilities : 1. Overseeing inspections as well as Member State arrangements for emergency response. 2. With regards to emergency response : (a) 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; (b) 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; (c) assisting Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; 3. Promoting high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.

Amendment 126 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~Report~~s for a production installation

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~seriously~~ deficient.

Amendment 132 #

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~~major accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant negative effects on ~~waters of~~the environment in another Member State ~~in the case of an accident~~, or where a Member State likely to be significantly affected so requests, the Member State in whose jurisdiction the operations are to take place, shall forward the relevant information to the affected Member State ~~the relevant information~~ and shall endeavour to adopt ~~joint preventive~~agreed measures to prevent damages.

Amendment 133 #

Proposal for a regulation
Article 17 – paragraph 1

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 affected so requests, the Member State in whose jurisdiction the operations are to take place, shall forward to the affected Member State, to the Commission and to EMSA the relevant information and shall ~~endeavour to adopt joint preventive~~adopt agreed measures to prevent damages.

Amendment 135 #

Proposal for a regulation
Article 17 – paragraph 2

2. Application of paragraph 1 is without prejudice to other relevant provisions of Union Law, in particular Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment23 and the Convention on Environmental Impact Assessment in a Transboundary Context.deleted

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 ~~pursuant~~referred to in paragraph 1 shall be submitted to the competent authorit~~ies as a part of the~~y to accompany the Report on Major Hazard ~~Report~~s pursuant to Articles 10 and 11 or asto accompany the notification of well operations pursuant to Article 13.

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 ~~third party~~ verification ~~of their major hazard controls pursuant to Article 15, and~~pursuant to Article 15, and the minimum requirements set out in Annex II part 5.

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, ~~which are a result of its activitie~~relating to the offshore oil and gas operations.

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 18 – paragraph 6

Amendment 144 #

Linda McAVAN

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~~obligations to which they are subject under this Article and pursuant to Articles 21 and 23.

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

Amendment 149 #

Proposal for a regulation
Article 20 – paragraph 2

2. Where ~~non compliance with the provisions of paragraph 1 to this Article poses an immediate danger to human health or threatens to cause an~~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 take immediate ~~signific~~antd a~~dverse effect upon safety and/or the environment, the operation of the installation or operation of relevant part thereof shall be suspended by the operator, until compliance is restored~~ppropriate measures, such as the suspension of the operation of the installation, until the threat of or actual imminent danger is brought under control.

Amendment 150 #

Proposal for a regulation
Article 20 – paragraph 2

Amendment 151 #

Proposal for a regulation
Article 20 – paragraph 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 153 #

Proposal for a regulation
Article 21 – title

~~Anonymous r~~Reporting of safety concerns

Amendment 154 #

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~~.

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 ~~employees to relev~~contractors antd subcontractors connected with the operation and their employees, and ensure that reference to anonymous reporting is included in relevant training and notices.

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 ~~anonymous~~ reporting is included in relevant training and notices.

Amendment 158 #

Proposal for a regulation
Article 22 – paragraph 2

Amendment 159 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 160 #

Proposal for a regulation
Article 22 – paragraph 3

Amendment 161 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 23 – paragraph 1

1. The information ~~pursu~~under Article 22 to 25 antd Annex VI shall be made publicly available ~~without a need for request pursuant to applicable provisions of Union legislation on~~by the competent authority without a need for request in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

Amendment 162 #

Proposal for a regulation
Article 23 – paragraph 2

Amendment 163 #

Proposal for a regulation
Article 23 – paragraph 2

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 ~~concerning~~on safety and the environmental impact of offshore oil and gas operations, which includes:

Amendment 166 #

Proposal for a regulation
Article 24 – paragraph 1 – point c

(c) incident data pursuant to the common reporting ~~system required in~~publication requirements pursuant to Articles 22 and 23;

Amendment 167 #

Proposal for a regulation
Article 24 – paragraph 1 – point e

(e) ~~the safety and environmental performance of offshore oil and gas operations in their jurisdiction~~any major change in relation to prevention of major accidents and the limiting of consequences of major accidents that do occur.

Amendment 168 #

Proposal for a regulation
Article 24 – paragraph 2

Amendment 169 #

Proposal for a regulation
Article 24 – paragraph 3

Amendment 170 #

Pavel POC, Kriton ARSENIS

Proposal for a regulation
Article 24 – paragraph 3

Amendment 171 #

Proposal for a regulation
Article 24 – paragraph 3

3. Every ~~two years~~year by 31 March, 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 relevant Member States pursuant Article 26.

Amendment 172 #

Proposal for a regulation
Article 24 – paragraph 3

Amendment 173 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~regulation~~oversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed.

Amendment 174 #

Proposal for a regulation
Article 25 – paragraph 2

2. Member States shall ~~conduct~~initiate 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 effectivenes~~. The report of the investigation shall, where appropriate, include relevant details of the competent authority's regulation of the installation concerned in the time preceding the accident and recommendations for a~~dequ~~ny appropriate changes to the relevant regulatory practices ~~where needed~~.

Amendment 175 #

Proposal for a regulation
Article 25 – paragraph 3

Amendment 176 #

Proposal for a regulation
Article 25 – paragraph 3

Amendment 177 #

Proposal for a regulation
Article 25 – paragraph 3

Amendment 178 #

Proposal for a regulation
Article 25 – paragraph 4

4. Following ~~its~~the investigations pursuant to paragraph 2, the competent authority shall implement any recommendations of the investigation that are within its powers to act.

Amendment 179 #

Proposal for a regulation
Article 26 – paragraph 1

1. Competent authorities shall make information received pursuant to this Regulation available to any ~~natural or legal person~~entity who so requests.

Amendment 180 #

Proposal for a regulation
Article 26 – paragraph 1

1. Competent authorities shall make information ~~receiv~~obtained pursuant to ~~this Regulation~~Articles 24 and 25 available to any natural or legal ~~person~~entity who so requests.

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

Amendment 183 #

Antonyia PARVANOVA

Proposal for a regulation
Article 28 – paragraph 1

1. The Commission, in close cooperation with the Member States, shall ~~promot~~take measures to ensure cooperation with third countries that undertake offshore oil and gas operations in the same marine regions as Member States including, where appropriate, within the framework of regional sea conventions or other international cooperation mechanisms.

Amendment 184 #

Daciana Octavia SÂRBU

Proposal for a regulation
Article 28 – paragraph 3

Amendment 185 #

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. It shall accordingly make representations in the appropriate quarters seeking a moratorium on offshore oil and gas extraction activities in Arctic waters.

Amendment 186 #

Kriton ARSENIS

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~~.

Amendment 187 #

Justas Vincas PALECKIS

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. The Commission shall use the EU neighbourhood policy as a tool to advocate for the highest safety and environmental standards.

Amendment 188 #

Kriton ARSENIS

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

Amendment 190 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 29 – paragraph 1 – point a

Amendment 191 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

Amendment 192 #

Proposal for a regulation
Article 29 – paragraph 2

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 ~~major hazard~~ risk assessments in the ~~well plan or~~ Major Hazards Report ~~as appropriate~~or notifications submitted pursuant to Annex II. Any such updates shall be ~~advis~~notified to the relevant authorityies responsible for ~~preparing~~ the external emergency response plans for the area concerned.

Amendment 194 #

Proposal for a regulation
Article 29 – paragraph 4

Amendment 195 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 29 – paragraph 5

5. The operator shall ~~periodically test the effectiveness of the internal emergency response pla~~annually test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation, containment and control, recovery, clean- up and disposal operations.

Amendment 196 #

Proposal for a regulation
Article 29 – paragraph 5

Amendment 197 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Article 29 – paragraph 5 a (new)

5a. The operator shall make the internal emergency response plans publicly available.

Amendment 198 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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

Amendment 200 #

Proposal for a regulation
Article 30 – paragraph 1

Amendment 201 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~installations stationed or planned~~existing or planned installations or connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.

Amendment 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 ~~the~~current internal emergency response plans of the existing or planned installations stationed or ~~planned~~connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.

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 ~~I and~~ V, and made available to the Commission, and to the public as appropriate. The procedures adopted for informing the public shall be those laid down in Annex II of Directive 2003/35/EC. When making available their external emergency response plans the Member States with offshore oil and gas activities under their jurisdiction shall ensure that disclosed information does not pose risks to safety and security of offshore oil and gas installations and their operation, nor to the personnel of either the operators, competent authorities or other third parties.

Amendment 204 #

Proposal for a regulation
Article 30 – paragraph 4

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~~, and to the Commission~~.

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 an major accident, the ~~relevant authorities~~operator, in cooperation with operators concerned, shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences. The operator may be assisted by the relevant authorities who may supply additional resources.

Amendment 208 #

Proposal for a regulation
Article 31 – paragraph 2

2. In the event of an accident, both the relevant authorities~~, in cooperation with~~ and operators concerned, shall take all measures necessary to prevent escalation of the accident and to mitigate its consequences.

Amendment 209 #

Proposal for a regulation
Article 31 – paragraph 2

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 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 plan. The Member States in question shall coordinate their emergencyconcerned shall exchange information with potentially affected Member States or neighbouring third countries when preparing the external emergency response plans and agree arrangements to coordinate the implementation of these plans to facilitate a joint response to an accident.

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

Amendment 214 #

Proposal for a regulation
Article 32 – paragraph 4

Amendment 215 #

Antonyia PARVANOVA

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

Amendment 217 #

Proposal for a regulation
Article 34 – paragraph 2

~~2. The Commission may also adopt~~ delegated acts in accordance with Article 35 of this Regulation to precise application of the requirements of Regulation in relation to: (a) details to be submitted in a Design notification or a Major Hazard Report as specified in Annex II points 1, 2, 3, 6; (b) notification of well/combined operations as specified in Annex II, point 4 and 7; (c) requirements related to verification by independent third party verification as specified in Annex II, point 5 (d) requirements for functioning and organisation of competent authorities as specified in Annex III and; (d) requirements related to the prevention of major hazards by operators as specified in Annex IV.

Amendment 218 #

Proposal for a regulation
Article 37 – paragraph 1 – introductory part

Amendment 219 #

Justas Vincas PALECKIS

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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)

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: "- Directive XXX/XXX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities"

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 arincluding safety critical elements are and will continue to be suitable so as to reduce risks of a major hazard event to persons and the environment to a~~n acceptable extent~~ tolerable level;

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 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 227 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a (new)

(-a) it is an independent legal entity;

Amendment 228 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

Proposal for a regulation
Annex II – part 5 – paragraph 1 – point b

Amendment 231 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 #

Bart STAES, Bas EICKHOUT, Pavel POC, Sabine WILS, Corinne LEPAGE

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 ~~barrier to loss of~~ containment barrier can lead to a major hazard incident.

Amendment 235 #