13 Amendments of Daniel BUDA related to 2015/2352(INI)
Amendment 8 #
Motion for a resolution
Recital D
Recital D
D. whereas accidents caused by offshore oil and gas rigs lead to damaging cross- border consequences and EU action to prevent and mitigate and seek to combat the consequences of such accidents is therefore justified;
Amendment 13 #
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 a high level of protection based inter alia on the precautionary, preventive action and ‘polluter pays’ principles;
Amendment 15 #
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 preventive measures and, develop practices and carry out actions that minimise the risks of such damage;
Amendment 18 #
Motion for a resolution
Recital G
Recital G
G. whereas, although the OSD makes offshore licensees strictly liable for the prevention and remediation of any environmental damage resulting from their operations (Article 7 read in conjunction with Article 38 – which extends the scope of the ELD to Member States’ continental shelves), it doehas not put in placeenabled a comprehensive EU framework for liability to be put in place;
Amendment 20 #
Motion for a resolution
Recital H
Recital H
H. whereas it is of the utmost importance to have effective and adequate compensation mechanisms and prompt and adequate claims handling mechanisms for victims of damage caused by offshore oil and gas operations;
Amendment 22 #
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 claims, in civil matters;
Amendment 36 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets, in this context, that the OSD does not deal with liability for civil damage to either natural or legal persons, be it bodily injury, property damage or economic loss, whether direct or indirect;
Amendment 41 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Also regrets the fact 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 incidents caused by offshore oil and gas incidentoperations;
Amendment 50 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that compensatory regimes must be able to address transboundary claims effectively, rapidly, within a reasonable timeframe and without discrimination between claimants of different EEA countries;
Amendment 59 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for the Commission to perform regular conformity checks of national legal systems with the relevant liability and compensation provisions in the OSD and to take action in the event of a breach of conformity;
Amendment 64 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a balance needs to be struck between the swift and adequate compensation of victims and the prevention of pay-outs of illegitimate claims (also known as the ‘floodgates’ problem), through increased certainty regarding the levels of financial responsibility of many offshore firms and the avoidance of lengthy and expensive proceedings before the courts;
Amendment 68 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to encourage the Member States to develop financial security instruments concerning compensation for traditional damage claims resulting 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 91 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Invites the Commission, in this context, to continue examining the possibility for proposing and/or adopting an international solution, considering that many oil and gas companies operating in the EU are active across the world and that a global solution would ensure a global level playing field;