Activities of Ivo BELET related to 2011/0309(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities PDF (845 KB) DOC (1 MB)
Amendments (59)
Amendment 20 #
Proposal for a regulation
Recital 8
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 notshould always be clearly identifiable and/or may not be able, or libefore operations start and should be able, to pay all the costs to remedy the damage it has caused, eventually through mutual compensation schemes.
Amendment 23 #
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to clarify that the holders of an authorisations for offshore activities pursuant to Directive 94/22/EC areis also potentialthe 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 mayis not be entitled to delegate theirhis responsibilities in this regard to third parties contracted by themhim. 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 32 #
Proposal for a regulation
Article 7 – paragraph 1
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 activitieoperations carried out by the licensee or any entityoperator 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 35 #
Proposal for a regulation
Article 8 a (new)
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 71 #
Proposal for a regulation
Recital 12
Recital 12
(12) In accordance with Directive 85/337/EEC, as amended, whichWithin 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/EEC2011/92/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 75 #
Proposal for a regulation
Recital 40
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 102 #
Proposal for a regulation
Recital 8
Recital 8
(8) The existing fragmenteddifferent 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 notshould 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 108 #
Proposal for a regulation
Recital 10
Recital 10
(10) There is a need to clarify that the holders of an authorisations for offshore activities pursuant to Directive 94/22/EC areis also potentialthe 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 mayis not be entitled to delegate theirhis responsibilities in this regard to third parties contracted by thehim.
Amendment 109 #
Proposal for a regulation
Recital 10 a (new)
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 130 #
Proposal for a regulation
Recital 40 a (new)
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 133 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Member State considers that a well operation or the operation of an installation maymajor accident relating to an offshore oil and gas operation under its jurisdiction is likely to have significant negative effects on waters ofthe 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 to the affectedhe relevant information to the other Member State pursuant to the relevant information and shall endeavour to adopt joprovisions of Union Law, int preventive measures to prevent damagesarticular Council Directive 85/337/EEC.
Amendment 134 #
Proposal for a regulation
Article 17 – paragraph 1
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 preventiveadopt agreed measures to prevent damages.
Amendment 146 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
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)
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 155 #
Proposal for a regulation
Article 21 – paragraph 1
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 160 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
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 legalthat which is being examined by a competent person/body that is not under the control or influence by the author of the statementsindependent from the work under review, and the management lines of those whose work is being checked;
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. ‘installation’ shall mean: either a production or a non-production installa 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 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21
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 offshoreconnected infrastructure connected to anto or from an offshore installation or subsea installation;
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
22. ‘'operator’' shall mean: - the operator of a production installationholder 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 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23
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 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
30. ‘risk’ shall mean: the product of the likelihood ofthat a specific effected undesired event will occurring within a specific period or in specified circumstancesand the severity of the consequences of the event if it did occur;
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘suitable’ shall mean: fully appropriate for a given requirement or situation and based onsupported objective evidence and demonstrated by an analysis, comparison with appropriate standards or other solutionsly 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 204 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Operators shall takeensure 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 206 #
Proposal for a regulation
Article 3 – paragraph 2
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 218 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In particular, when assessinglicensing 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 222 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Amendment 223 #
Proposal for a regulation
Annex II – paragraph 1 (new)
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
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Authorisations for offshore oil and gas explProduction operations shall not be started before all relevant information operations, and for production operations shall be granted separatelyregarding potential environmental and safety impacts that has become available during exploration is made available to the competent authority and consent has been given.
Amendment 232 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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
Annex IV – paragraph -1 (new)
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 235 #
Proposal for a regulation
Annex V – paragraph 1 (new)
Annex V – paragraph 1 (new)
-1. The requirements set out in this Annex are minimum requirements. Competent authorities shall take into account developments in best practice and may implement further requirements at any time to ensure that, where necessary, relevant material, technical or equipment changes can be taken into account.
Amendment 245 #
Proposal for a regulation
Article 6 – paragraph 1
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 Statlicensing authorities.
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 4
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 264 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 281 #
Proposal for a regulation
Article 10 – paragraph 3
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 291 #
Proposal for a regulation
Article 11 – paragraph 5
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 submittedoperator 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 297 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
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 308 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Independent third party verification
Amendment 309 #
Proposal for a regulation
Article 15 – paragraph 1
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 314 #
Proposal for a regulation
Article 15 – paragraph 2
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 319 #
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
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 322 #
Proposal for a regulation
Article 15 – paragraph 3 – point a
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 325 #
Proposal for a regulation
Article 15 – paragraph 3 – point b
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 ifis updated when the well design changes for whatever reason.
Amendment 330 #
Proposal for a regulation
Article 15 – paragraph 4
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 337 #
Proposal for a regulation
Article 15 – paragraph 7
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 359 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
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 402 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The competent authorities shall regularly exchange knowledge, information and experience between themselves and shall engage in consultations on the applicationwithin 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 405 #
Proposal for a regulation
Article 27 – paragraph 3
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 420 #
Proposal for a regulation
Article 29 – paragraph 3
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 suchMaterial updates shall be advised to the authority responsible for preparing the external emergency response plans for the area concerned.
Amendment 440 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In the course of the emergency response, the Member State shall collecensure that the information necessary for a full analysis of the accident is collected.
Amendment 448 #
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
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 482 #
Proposal for a regulation
Annex 2 – part 2 – paragraph 1 – point 4
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 492 #
Proposal for a regulation
Annex 2 – part 3 – paragraph 1 – point 5
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 519 #
Proposal for a regulation
Annex 2 – part 5 – point 1 – introductory part
Annex 2 – part 5 – point 1 – introductory part
1. The independent third partyverifier shall meet the following requirements with regard to its independence from the operator of the installation, or the well operator:
Amendment 533 #
Proposal for a regulation
Annex 2 – part 5 – point 2 – introductory part
Annex 2 – part 5 – point 2 – introductory part
2. The independent third partyverifier shall meet the following requirements with regard to its competence:
Amendment 535 #
Proposal for a regulation
Annex 2 – part 5 – point 2 – point c
Annex 2 – part 5 – point 2 – point c
(c) suitable arrangements for the flow of information between the operator and the independent third partyverifier;
Amendment 548 #
Proposal for a regulation
Annex 2 – part 5 – point 5 – point b
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 597 #
Proposal for a regulation
Annex 4 – point 6 – point f a (new)
Annex 4 – point 6 – point f a (new)
(f a) open reporting culture for incidents;