70 Amendments of Michèle RIVASI related to 2011/2072(INI)
Amendment 1 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)1,
Amendment 3 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
Amendment 4 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to Article 11 and Article 191 of the Treaty on the Functioning of the European Union,
Amendment 5 #
Motion for a resolution
Citation 12 b (new)
Citation 12 b (new)
- having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of habitats and of wild fauna and flora (the Habitats Directive),
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas Article 194 of TFEU specifically upholds a Member State's right to determine the conditions for exploiting its energy resources, whilst also upholding regard for solidarity and environmental protection,
Amendment 8 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 191 of the TFEU enshrines that Union environmental policy shall aim at a high level of protection and be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay,
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas indigenous sources of oil and gas contribute significantly to Europe's energy needs and are crucial for our energy securityto Europe's current energy needs,
Amendment 12 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Deepwater Horizon oil spill has demonstrated the potentially devastating environmental and human consequences of oil exploitation in extreme environments, and the enormous economic costs associated with such environmental impacts,
Amendment 14 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas that the effects of an accident would be transboundary in nature and therefore justify EU action to prevent and mitigate such accident as well as a pre- prepared EU pollution response capacity, which takes into account accidents outside EU waters,
Amendment 20 #
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas evidence suggests that separating the licensing process from health and safety assessments can avoid any potential conflicts of interest, or a confusion of goals,
Amendment 21 #
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas national regulators must assess financial viability and capability prior to awarding a license and final drilling consent, ensuring sufficient funds exist, including through third-party insurance and communal funds,
Amendment 24 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for oil and gas companies to dedicate 5 % of their research and development funds for new prevention and accident remediation technologies; stresses that before any disaster response technologies are added to an approved contingency plan they must be independently tested, assessed and authorised;
Amendment 27 #
Motion for a resolution
Recital C m (new)
Recital C m (new)
Cm. whereas the European Maritime Safety Agency already provides technical assistance to the European Commission in the development and implementation of EU legislation on maritime safety and has been given operational tasks in the field of oil pollution response, satellite monitoring and in the long range identification and tracking of vessels,
Amendment 29 #
Motion for a resolution
Recital C o (new)
Recital C o (new)
Co. whereas the responsibility for the clean-up of any oil spill and the liability for damages is based on Article 191 TFEU which establishes the polluter-pays principle and is reflected in secondary legislation such as the Environmental Liability Directive (ELD) and the Waste Directive,
Amendment 32 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the scope of the Environmental Liability Directive (ELD) should strictly applybe extended so that the ‘polluter pays’ principle and strict liability apply to all damages caused to marine waters and biodiversity, so that oil companies can be held accountable for any and all damage they cause;
Amendment 34 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that each Member State's' legislative and regulatory regime should adopt a ‘safety case’ approachmust ensure all operators submit a risk-based, site specific 'safety case' requiring them to demonstrate fully to the relevant health, safety and environmental authorities that all site-specific, and other, risks have been considered, robust safeguards and transparency mechanisms are included as well as controls and reviews at appropriate intervals by independent experts implemented for each installation;
Amendment 36 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission, under the ELD, to lower damage thresholds and to avoid ceilings leading to exoneration of polluters from a strict liability regime for marine water damageenforce a strict liability regime covering all damage to marine waters and biodiversity, regardless of any ceilings arising from mutualisation or insurance cover;
Amendment 36 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that theall Member States' legislative and regulatory frameworks should adopt a robust regime in line with the current best practice where all drilling proposals are accompanied by a safety case that must be approved before operations can begin, and reviewed at least every five years; notes that any material changes are also subject to approval, so as to ensure that the safety case becomes a living and evolving documentincluding independent third-party verification procedures, and regular reviews; stresses that regulatory 'hold points' prior to drilling will further ensure that all risks have been considered and mitigated;
Amendment 38 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for all safety cases to become a living and evolving document so that material technical or equipment changes are subject to approval from the relevant competent authority, and all safety cases should be reviewed at least every five years including by the independent regulators; stresses that all on-site procedures and equipment available to deal with possible blow-outs must be included in the safety case;
Amendment 42 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that a single new piece of specific EU legislation may risk destabile added value of an enhanced role for the EU should be fully explored, bearing in mind the need to avoid any new legislation which would weaken existing the currentMS frameworks; Acknowledge that there already exists a network of regimes, moving them away from the proven safety case approach and best practice and that any new of specific EU legislation ought not to compromise existing legislation;
Amendment 43 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that while in principle financial guarantees can be provided through either insurance or industry mutualisation, it is important to ensure that operators demonstrate financial guarantees in place to cover the full cost of clean-up and compensation in case of a major disaster, and that risks and liabilities are not externalised to smaller companies that are more likely to declare insolvency in the event of an accident; calls for any joint schemes to be established in a manner that maintains incentives for avoiding risks and adhering to highest possible safety standards in individual operations;
Amendment 46 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Supports the Commission's desire to level -up minimum standards within the EU; believes that safety and environmental concerns should be eimbedded in all legislation and the highest safety and environmental standards be applied in all areas of offshore oil and gas activities;
Amendment 48 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges the need for robust environmental criteria in assessment processes prior to granting licenses; points out that offshore hydrocarbon exploration activities have significant harmful effects on marine life; therefore calls for an extension of the EIA Directives to cover these activities;
Amendment 50 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. StressesWarns however that the effectiveness of legislation ultimately depends on the competence of the relevant nationalEuropean and national authorities and bodies to implement, manage and enforce relevant legislation; believes the Commission should be vigilant in ensuring compliance by Member State authorities;
Amendment 53 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Insists that environmental impact assessments are also carried out on emergency response plans and in particular on any use of chemical dispersants; calls for the Commission to ensure more detailed research into the impacts of such chemicals, through EU research programmes if necessary;
Amendment 53 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of regular, varied, and rigorous inspections carried out by independent and trained specialists acquainted with local conditions; notes that resources are finite when it comes to experienced inspectors; notbelieves that an operator'’s inspection regimes must also be subject to third-party verification; supports the efforts already undertaken by certain Member States to increase the number of rigorous inspections;
Amendment 54 #
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to examine the current regulatory framework regarding the decommissioning of existing drilling infrastructure, and to clarify, if necessary by way of legislation, the responsibility of operators for ensuring safe removal and liability for any environmental damage resulting from the decommissioning or from a drilling site after it has been decommissioned;
Amendment 54 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of regular, varied, and rigorous inspections carried out by trained specialists acquainted with local conditions; notes that resources are finite when it comes to experienced inspectors; notes that an operator's inspection regime must be subject to third-party verificationfurther support and investment in developing a more qualified inspection network is required at the EU and Member State level;
Amendment 55 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that resources are finite regarding experienced inspectors and calls for further investment to develop a more qualified inspection network across Member States; calls on the Commission to examine ways they can help Member States develop their own inspectorates;
Amendment 56 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b Any potential extension of EU product legislation to equipment on offshore installations should acknowledge the high rate of technological progress, overly prescriptive specifications can fast become redundant; however all equipment used on offshore installations must conform to all EU standards as laid down in existing and future legislation governing the use of industrial machinery and chemicals, such as 2003/105/EC and directive 2006/42/EC where applicable;
Amendment 59 #
Draft opinion
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s proposal to extend the mandate of the European Agency for Maritime Safety (EMSA) to cases of marine pollution caused by other sources than vessels, notably by oil and gas offshore installations; considers that mobile and transport installations, as well as pipeline terminals, should be included; supports the Commission’s request to reflect such new tasks in the EMSA’s budget and staffing levels; considers that EMSA’s mandate could be further extended to provide independent third party auditing of environmental impact assessments and licensing of offshore oil and gas activities, as well as periodic inspections on operators;
Amendment 59 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned that an EU-level ‘controller of controllers’ will not bring sufficient added value to justify draNotes that an operator’s inspection regimes must be subject to third-party verification; recognises the potential lying in the significant experience of EMSA in dealing with prevention of oil accident, monitoring and detection activities, as well as EU levels inspections and audit of vessels to be extended to offshore oil and gas platforms; Calls on the Commission to investigate whether a European regulator body for offshore operations, bringing scarce regulatory resources from competent national authoritiestogether national regulators on the lines of BEREC in the telecommunications sector, could bring added value and strengthen the enforcement and implementation of the highest environmental and safety standards across the EU, without constituting a drain on already scarce human resources in this field;
Amendment 67 #
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to conduct a comprehensive review of licensing requirements related to offshore hydrocarbon exploration and extraction and to come forward with proposals for harmonised minimum requirements at EU level, including independent third party auditing to ensure transparency and disclosure regarding environmental practices and to reduce risks of conflict of interests;
Amendment 67 #
Motion for a resolution
Subheading 2
Subheading 2
Prevention, Exchange of information and best -practice
Amendment 68 #
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Welcomes the proposals to require EU operators to adhere to European standards regarding activities outside the EU;
Amendment 68 #
Motion for a resolution
Paragraph 9 a (new) (after subheading 2)
Paragraph 9 a (new) (after subheading 2)
9a. Welcomes the Commission's initiative to establish joint EU/NSOAF meetings as an opportunity to exchange best practices across the community; stresses that these meetings should be valued by the participants;
Amendment 69 #
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls for a moratorium on any offshore hydrocarbon exploration and extraction operations in the Arctic due to the vulnerability of its unique environment;
Amendment 70 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. BStresses the importance of regional initiatives as a first tier of multilateral action and believes that forumsa akin to the NSOAF in the North Sea should be established for Member States around the Mediterranean, Baltic and Black Seas to oversee the adoption and enforcement of minimum standards of safety; in this regard welcomes the Commission's initiative to establish the Mediterranean Offshore Authorities Forum (MOAF) and encourages the participation of non-EU countries;
Amendment 72 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recognises the variety of conditions of different sea areas but believes there should be inter-fora coordination between regional initiatives, where appropriate, to ensure best practice at an EU level; stresses that the Commission should play an active role within these fora;
Amendment 73 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes the decision by the International Association of Oil and Gas Producers to establish the Global Industry Response Group (GIRG) in the aftermath of the Gulf of Mexico disaster; urges them to work transparently when sharing information and working with authorities;
Amendment 75 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the industry to commit to a true safety culture throughout their organisations, whether offshore or within an office environment; therefore promotes regular training programmes for all employees and employers;
Amendment 78 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on industry to follow best practice on safety representatives as is the case in Norway where safety committees should be able to elect a safety representative who is involved in safety issues at all levels of operation and decision-making process;
Amendment 81 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports stronger efforts to share good practices in relation to regulation, standards, procedures, and in the reporting and management of incidents;
Amendment 88 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes the Commission should assess: the efficacy of the various existing information channels; the cRecognises that consolidation and extra coordination of existing practices and incidents reporting at EU levels could help to ensure transparency and consistency across the EU so that lessons can be learnt; this information should be shared as promptly ase for rationalisation; and/or the case for establishing new international regimes, with due regard for the ensuing administrative burdeeasible after an incident has occurred and include, inter alia, personnel incidents, machinery failure, hydrocarbon releases and other incidents of concern;
Amendment 89 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the Commission to work with partners and neighbours to achieve a special regime for any operations in the Arctic having careful regard as to the sustainability and necessity of offshore activities in such a vulnerable and unique environment;
Amendment 92 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recommends that licensing and health and safety functions should be separated in all the Member States; believes that the Commission should work with Member States to establish common, transparent and objective licensing criteria ensuring that licensing and health and safety functions are separated, to reduce the risk of a conflict of interest;
Amendment 94 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Believes that during licensing it is crucial to ensure that the highest level of safety and environmental protection is respected during and after the end of operations and in this regard pay due attention to the need to adequately decommission end of life installations and pipeline infrastructures, recycling the materials as far as possible;
Amendment 95 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes that a significant number of installations in EU waters are ageing; welcomes attempts to improve the asset integrity of existing platforms;
Amendment 98 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Raises attention to the need for an EU oversight in the licensing process to insure consistency methods across all MS, and to reduce risks of conflict of interests;
Amendment 99 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recommends that more emphasis should be placed on systematic training, particularly on the practical application of disaster response equipment;
Amendment 108 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recognises that industry bears primary responsibility for reacting to disasters; welcomes joint industry initiatives to develop, mobilise and deploy resources to counter oil spillsSuggests that EMSA's inventories of response resources should collate all relevant public and industry resources so that EMSA is best placed to provide a coordinating role in the event of a major incident;
Amendment 109 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recognises that industry bears the primary responsibility for reacting to disasters; w. Welcomes joint industry initiatives to develop, mobilise and deploy resources to counter oil spills; stresses that the public sector has an important role in the regulation, safety and coordination of a disaster response;
Amendment 111 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Urges companies to set aside 5 % of their funds for research and development of new prevention and accident remediation technologies; stresses that before any disaster response technologies are added to an approved contingency plan they should be independently tested, assessed and authorised;
Amendment 112 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Advocates strict control and testing of e.g. chemical dispersants prior to their application, to ensure both their suitability in the event of a spill and to avoid public health and environmental implications;
Amendment 113 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. BelievNotes that the deployment of EMSA expertise and resources should be at the request of Member Stateswill be determined by the revised EMSA regulation but should be explicitly extended to cover response to pollution originating from oil and gas exploration and should be available across the EU and neighbouring countries if required;
Amendment 115 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Believes that response and monitoring tools developed at EU level, respectively the Network of stand-by EMSA oil recovery vessels and the CleanSeaNet (CSN) oil spill monitoring and detection, can be used for incidents/accidents with offshore installations;
Amendment 117 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Recommends the use of EMSA CleanSeaNet Service to monitor oil platforms and illegal discharges from vessels; Recognises that 50% of the images currently provided to CleanSeaNet can be used to monitor oil platforms;
Amendment 119 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that each sea area must always have access to sufficient available equipment to deal with large, worst case scenario spills for the specific sea area, not just EU waters;
Amendment 123 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the merits of communal funds to be assessed and, if appropriate, for such funds to be set up in each EU sea area; calls for membership to be mandatory for operators, as a safety net mechanism designed to reassure the Member States and taxpayersUrges Member States, when considering financial guarantee mechanisms including the necessity of third-party insurance, to factor in the relative resources of small and medium sized operators, designing such systems to account properly for this whilst still maintaining full coverage;
Amendment 125 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the merits of communal funds to be assessed and, if appropriate, for such funds to be set up in each EU sea areacreated in each EU sea area on an independently administered and legally binding basis; calls for membership to be mandatory for operators, as a safety -net mechanism designed to reassure the Member States and taxpayers;
Amendment 126 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the voluntary nature of schemes such as OPOL limit their legal control and therefore believes that these funds would be strengthened by being a mandatory license requirement;
Amendment 127 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Believes that during the consent to drill to process, the licensee must prove their ability to pay, whether through financial guarantee schemes, third-party insurance, or other schemes, for damage caused to the marine environment (and coastal, where appropriate);
Amendment 129 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the financially liable parties should be established without ambiguity prior to drilling; Calls for clarity on the identity and hierarchy of liable parties it should be an essential part of the licensing processes that the licensee prove their ability to pay for the consequences of any incident that could occur;
Amendment 130 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 132 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recommends that the Member States consider adopting and strengthening disincentives for negligence, and non- compliance such as fines, withdrawal of licencses, and criminal liability for employees; points out, however, that such a regime existed in the USA prior to the Deepwater Horizon spill, and that for certainty concerning payment for remediation of environmental damage, strict liability is necessary;
Amendment 136 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges the industry to employ uniformly highthe highest environmental and safety standards, wherever in the world theycompanies are operating; is sceptical as to whether a requirement forcalls on the Commission to examine what mechanisms might be appropriate to ensure that EU-based companies to operate globally according to EUhighest standards is enforceable; believes corporate responsibility should also be a key driver in this area and that Member State licensing regimes could take global incidents involving companies into consideration when awarding licenses, provided these incidents are accompanied by thorough reviews;
Amendment 140 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the European Commission to engage actively with riparian Member Stateengage with other states bordering EU sea-areas to ensure that regulatory frameworks and supervision provide equally high levels of safety;
Amendment 142 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Advocates international bilateral partnerships through the European Neighbourhood Policy Action Plans which, inter alia, encourage third-party countries to adopt high safety and environmental standards; encourages countries that have not yet fully activated the ENP to do so;
Amendment 143 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes the importance of existing legislation initiated by the United Nations Environment Programme, through the Mediterranean Action Plan and the Barcelona ConventionOSPAR, Barcelona and Helsinki Conventions, but recognises that current international law does not provide a complete or consistent framework for safety and environmental standards in offshore drilling, and can be difficult to enforce, therefore a strong EU framework is needed;
Amendment 144 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses the importance of bringing fully into force the un-ratified 1994 Mediterranean Offshore Protocol, targeting the protection against pollution resulting from exploration and exploitation;