Activities of Angel DZHAMBAZKI related to 2015/2352(INI)
Legal basis opinions (0)
Amendments (18)
Amendment 1 #
Motion for a resolution
Citation 5
Citation 5
Amendment 2 #
Motion for a resolution
Citation 8
Citation 8
Amendment 5 #
Motion for a resolution
Recital В
Recital В
В. whereas offshore oil and gas operations are progressiveedominantly taking place in increasingly extreme environments and could potentially lead to major and devastating consequences for the environment and economy of the sea and coastal areas;
Amendment 9 #
Motion for a resolution
Recital D
Recital D
D. whereas accidents caused by offshore oil and gas rigs may lead to cross- border consequences and, in some cases, EU action to prevent and mitigate such accidents ismay therefore justified;
Amendment 12 #
Motion for a resolution
Recital E
Recital E
E. whereas, in accordance with Article 191 of the TFEU, all EU action in this area must be underpinned by, with the aim of achieving a high level of protection based inter alia on the precautionary principle in combination with minimum interference in national policy;
Amendment 16 #
Motion for a resolution
Recital F
Recital F
F. whereas liability regimes constitute the principal means through which the polluter pays principle is applied, ensuring that firms are held accountable for any damage caused in the course of business and incentivising them to adopt measures and develop practices that minimise the risks of such damage;
Amendment 17 #
Motion for a resolution
Recital G
Recital G
Amendment 21 #
Motion for a resolution
Recital I
Recital I
I. whereas the OSD has not provided for harmonisation with respect to civil damage from offshore accidents and the existing international legal framework makes it difficult to make successful transboundary damage claimsshould be reviewed in the light of existing best practices and the Commission’s final report COM(2016)204 of 14 April 2016;
Amendment 27 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of the OSD as a first step for the protection of the environment; calls on those Member States which have not yet transposed it into their national laws to do so as soon as possibleimmediately as they can;
Amendment 34 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 42 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regrets the facpoints out that the way civil liability is handled varies considerably from one Member State to another and that there is often uncertainty as to how Member States’ legal systems would deal with the diversity of civil claims that could result from offshore oil and gas incidents;
Amendment 47 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressAlso notes, in this perspective, that compensatory and remedial claims for traditional damage are further obstructed by civil procedure rules on time limitations, financial costs, non-availability of public interest litigation and mass tort claims, and provisions on evidence, which differ considerably from one Member State to another;
Amendment 54 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises, therefore, that it is of the utmost importance regularly to update existing liability systems in the Member States in order to ensure that if an incident occurs in the waters of these states, it would not adversely affect the future of the offshore oil and gas operations of the state in question, nor that of othe entire EUr EU Member States, were the incident to occur in an area that is largely dependent on tourism for revenue; calls, therefore, on the Commission to revisit the need to introduce common EU standards for remedial and compensatory claim systems;
Amendment 61 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for the Commission to perform regular conformity checks ofregular checks to be conducted on the conformity of transposed national legal systemprovisions with the relevant liability and compensation provisions in the OSD;
Amendment 63 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a balance needs to be struck between the swift compensation of victims and the prevention of pay-out of illegitimate claims (also known as the ‘floodgates’ problem), through increased certainttransparency regarding the levels of financial responsibility of many offshore firms and the avoidance of lengthy and expensive proceedings before the courts, without standard procedural rules being overlooked;
Amendment 69 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to encourage the Member States to develop financial security instruments concerning increased compensation for traditional damage claims from offshore oil and gas incidents, including in cases of insolvency; believes that this could limit the externalisation of operators’ liability for accidental pollution to the public purse, which would otherwise be required to bear the compensation costs if the rules remain as they are;
Amendment 71 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 85 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission to consider the possibility of introducing furtherimprovements to existing legislation, which would effectively safeguard offshore oil and gas operations before a severe accident takes place;